Completing the regulatory framework to consecrate access to information right (TN0049)

Description of the commitment: This commitment aims to consolidate the right of access to information by completing the regulatory and legal framework relating to this area under the provisions of the organic Law no. 2016-22 dated March 24, 2016. To this end, the following regulatory texts shall be issued: - a Government Decree on the status of the staff of the Access to Information Authority - a Government Decree on the organizational chart of the Access to Information Authority - a Government Decree establishing the conditions for the creation of an internal access to information entity in public bodies. A participatory approach will be adopted throughout the drafting process of these regulatory texts, especially the text related to setting the conditions for creating an internal entity responsible for access to information at the level of each public structures. This participatory approach will be ensured through the organization of a number of workshops and seminars with the relevant public structures, specifically with the access to information officers, and a number of associations, especially those active in open government. Public consultations will also be organized, and in particular, through the national portal for e-participation “www.e-participation.tn can be consulted”.

Problem/Background: The fact of not completing the organizational and regulatory framework for access to information right has limited the effectiveness of the plans and mechanisms put in place to operationalize this right. This includes for example the limited regulatory mechanisms to support the role of the Access to Information Authority due to the lack of a legislation regulating the status of the Authority or its organizational chart. This has negatively affected the ability of the Authority to attract and maintain qualified staff to implement its mandate as stipulated under Organic Law No. 22 of 2016 on the Right to Access Information. Moreover, as of to date, the regulatory text on setting the conditions for the establishment of an internal structure dealing with access to information at the level of public bodies is yet to be published. This has also negatively affected the effective implementation by the various public bodies of the provisions of this Law, be it through the automatic dissemination of information or through responding to the requests for access within the deadlines. The lack of this regulatory text did not make it possible for the access to information officers to fully and effectively perform their duties nor did it facilitate the allocation of the necessary financial resources to that end.

Identification of commitment objectives/expected results: - Complete the publication of the regulatory texts regulating the Access to Information Authority in order to develop the capacity of the Authority by recruiting the necessary qualified staff to carry out its mandate. The strengthening of the role of the Authority will enable the implementation of the right of access to information and the operationalization of the various principles related to open government, notably transparency, participation and accountability. - Issue the regulatory text on setting the conditions for the establishment of an internal entity concerned with access to information at the level of public bodies. The goal is to enhance the capacities of access to information officers and enable them to coordinate and follow up the implementation of access to information obligations as defined by Law no. 2016 on Access to Information. Another goal is to improve the quality of information published on public websites and increase the rates of reply to requests for access to information within the legally specified deadlines. - The internal structures that will be created by this order are represented in a permanent administration in the public structures, comprising at least two officials (the Access to information responsible and his deputy). Noting that its creation will be mandatory at the level of all ministries, while its creation in the rest of the public structures will be mandatory if the conditions that will be set by this order are met.

How will the commitment contribute to solve the public problem: - Enhance the effectiveness of strategies and mechanisms aimed at operationalizing the right to access information in Tunisia by strengthening and operationalizing the role of the Access to Information Authority and of the access to information officers in public bodies. Achieve the implementation of the various obligations stipulated in Organic Law no. 22 of 2016 on the Right to access Information and standardizing the work procedures across public bodies.

Relevance with OGP Values: - TRANSPARENCY The commitment will make it possible to step up the dissemination of information, improve the quality of access to it, and facilitate the work of the information access officer, both in terms of the officer’s relation with the members of staff who produce information in the department and with the information seeker. It will also enable the Access to Information Authority to support and operationalize its role in monitoring the implementation of the provisions of the Organic Law on Access to Information

Source of funding /Relation with other programs and policies: Funding source: Government Budget

Stages and implementation timeline: Preparation and approval of a Government Order on the status of the staff of the Access to Information Authority. December 2022; Preparation and approval of a government order on the organizational chart of the Access to Information Authority December 2022; Preparation and approval of a government order establishing the conditions for the creation of an internal access to information entity in public bodies December 2021

Action Plan Review

1. Completing the regulatory framework to consecrate access to information right

Results Report

Commitment 1. Completing the regulatory framework to consecrate access to information right

Commitment 1 aimed to strengthen the right of access to information in Tunisia by completing its legal and regulatory framework as outlined in Organic Law No. 2016-22. This included issuing necessary decrees for the Access to Information Authority (INAI) and establishing internal access to information entities in public bodies. These decrees aimed to enhance transparency and operational effectiveness in public information management.

INAI aimed to adopt a participatory approach in drafting the regulatory texts, particularly concerning the conditions for establishing an internal entity responsible for access to information within public structures. The plan detailed organizing workshops, seminars, and public consultations, including through the national e-participation portal. ^[1]

Notably, INAI had drafted decrees (1) establishing the personnel status for the staff, (2) outlining the organizational chart, and (3) guiding the creating an internal entity responsible for access to information in public intuitions. They submitted these draft decrees to the Presidency of the Government. ^[2] However, there is no explicit mention of these drafts being prepared through a participatory approach as originally planned. The e-participation platform indicated that none of the three texts were made available online. ^[3]

INAI plays a pivotal role in upholding the constitutional right to information. However, this body faces challenges due to a lack of human resources. These texts are crucial for ensuring the continuity and effectiveness of INAI. Next steps include submitting the decrees to the ministerial council for approval. ^[4] If implemented, the decrees are expected to enhance its operations and ensure its sustainability. ^[5] The decrees have not yet been adopted due to a lack of responsiveness from the executive branch. While important, this commitment has not yet achieved notable results as decrees were not drafted through a participatory approach and have not yet resulted in greater access to information for the Tunisian public.