As part of its advocacy efforts towards building a people-centered and sustainable recovery from the Beirut port explosion and its endeavors to promote inclusive and equitable social justice, as well as foster trust between individuals, entities, and the Lebanese government, the Lebanese Center for Policy Studies (LCPS) partnered with Transparency International (TI) and its local chapter, Transparency International Lebanon – No Corruption, to issue “The Reform Monitor.” The topics covered by the monitor are linked to the areas of reform, recovery, and reconstruction (3RF). The monitor falls within the Building Integrity and National Accountability in Lebanon (BINA’) project, which is funded by the European Union. The views expressed in the monitor do not necessarily reflect those of the donor.

What’s the issue at hand?

The Right to Access to Information (RATI) Law No. 28/2017, passed by the Lebanese Parliament on February 10, 2017, represents a significant milestone on the nation's path towards transparency and accountability. This legislative reform only saw light eight years after Lebanon’s ratification of the United Nations Convention Against Corruption (UNCAC), as well as the submission of the initial draft law to Parliament in 2009. The RATI law was the first comprehensive legal instrument that obligates Lebanese government administrations to proactively disclose specific information pertaining to their activities, as well as to respond to any request to access information from the public.

In response to sustained advocacy efforts, the RATI law’s implementation decree No. 6940/2020 was issued on September 8, 2020, putting an end to non-compliance by some agencies, which often cited the absence of such a decree as a justification. On July 2021, the RATI law was further amended by virtue of Law No. 233/2021, making access to information faster, more inclusive, and less burdensome.

However, since the enactment of the law, its amendment law, and its implementation decree, compliance levels among the obligated administrations have varied. While the RATI law establishes legal grounds for transparency and accountability, its objective can only be achieved if the relevant government agencies properly implement the law. To address this issue, Transparency International - Lebanon (TI-LB) developed the Right to Access to Information Index, which monitors and ranks public institutions based on their proactive disclosure record.

Proactive Disclosure

Proactive disclosure means that public institutions are required to release information to the public, in an accessible and timely manner, without the necessity of formal access to information requests. The disclosure obligation not only requires public entities to proactively disclose information, but also to update that information. This active transparency increases trust in public institutions.

Under Chapter II of the RATI law, public entities must publish decisions, instructions, circulars, financial transactions (above LBP 50,000,000), and annual reports covering audited accounts. The disclosure timelines are 15 days for regulatory documents, one month for financial transactions, and by January 31 of the following year for annual reports.

A wide range of public and private entities serving the public interest are bound to comply with the law, including ministries, public institutions, autonomous administrative bodies, courts, municipalities and municipal unions, private companies managing public services or public assets, mixed ownership companies, public interest institutions, and regulating bodies of sectors.

Proactive disclosure is essential for upholding international human rights standards, especially the right to freedom of expression. In fact, the right to access to information is recognized as an element of freedom of expression under Article 19 of both the Universal Declaration of Human Rights (UDHR) and the International Covenant on Civil and Political Rights (ICCPR), ratified by Lebanon. It is included as the right to seek and receive information. The UN Human Rights Committee, in General Comment 34 on Article 19, stresses that governments “should proactively put in the public domain information of public interest” and ensure that access is “easy, prompt, effective and practical.”

Publication of Information

Chapter II of the RATI Law, titled “Proactive Disclosure,” outlines under Article 9, an indirect obligation on all administrations to have a website where all documents required to be made public must be accessible. To adhere to their Proactive Disclosure Obligation, all institutions are required to develop electronic platforms, file documents appropriately, and appoint an information officer. By virtue of the RATI amendment law No. 233/2021, it was further imposed on public entities to publish information in way that allows searching for the document needed, downloading it, making copies thereof, and searching its content.

Ministry Scores

Based on the Right to Access to Information Index, developed by TI-LB, six Lebanese ministry websites were evaluated at the beginning of June 2024. These ministries were selected for their critical importance to citizens’ livelihoods and their key role in advancing reforms. The ministries assessed were: Ministry of Public Health (MoPH), Ministry of Economy and Trade (MoET), Ministry of Telecommunications (MoT), Ministry of Energy and Water (MoEW), Ministry of Environment (MoE), and Ministry of Social Affairs (MoSA).

The index assesses the proactive disclosure behavior of these ministries according to six categories, including: publication of information in accessible formats, proactive disclosure of key documents, ability to submit information requests electronically, and details about assigned information officers. Each Ministry can score up to two points per category, for a total of 12 points on the index. A score of 2 is attributed when information is fully available on the Ministry’s website, indicating “full compliance” with the RATI law. A score of 1 reflects “partial compliance” due to incomplete information, while a score of 0 signifies “non-compliance,” when no information is available. Based on these scoring criteria, the 6 targeted ministries received the scores reflected in the comparative chart below:

The wide range in scoring can be attributed to several factors. Some ministries, such as the MoT, lack an official website for proactively disclosing public information, while others, like the MoEW, had non-functional websites at the time of TI-LB’s assessment. Ministries like MoSA, MoPH, and MoE partially publish key documents, with only MoPH and MoE providing them in searchable, copyable, and downloadable formats. Additionally, few ministries, such as MoET, allow the submission of electronic access to information requests and have disclosed the contact information of their information officer.

Implementation Challenges

Regardless of how reformist the RATI law may seem on paper, without full implementation, transparency within public institutions will remain the exception rather than the rule. Numerous barriers hinder the effective implementation of the law, including under-equipped government agencies, insufficient financial and technological resources, inadequate infrastructure for managing and digitizing data, and a general lack of public awareness about the importance of accessing information.

The most pressing challenge, however, appears to be the Lebanese government's failure to prioritize the enforcement of the RATI law. On July 13, 2020, the Ministerial Anti-Corruption Committee adopted the national plan to implement the RATI law, which aims to address its weak enforcement. The plan consists of ten steps focused on developing effective, transparent, and accountable public institutions, with a two-year timeframe for full execution.

However, four years have passed, and a substantial part of the plan has yet to be executed. This is particularly concerning given the urgent need for systemic reforms. It seems counterproductive for the government to leave the implementation of this law on hold, especially after seeking assistance from the International Monetary Fund (IMF), which has made it clear that structural reforms and anti-corruption measures—such as comprehensive audits of key institutions like the central bank—are essential for economic recovery.

It’s important to note that the National Anti-Corruption Commission (NACC), established under Law No. 175/2020, became fully operational in January 2022 with the appointment of its six members. The NACC has made significant efforts to enforce the RATI law, including issuing decisions on March 6 and May 30, following TI-LB’s complaints, requiring both the Ministry of Public Works and CMA Beirut Terminal, a subsidiary of the French shipping company CMA CGM, to disclose the contract awarded for managing the Port of Beirut’s container terminal. While CMA Beirut Terminal complied, the ministry has yet to respond despite being notified. This situation highlights that accountability and transparency rely on the willingness of public administrations to follow NACC decisions and adhere to the RATI law.

Why is this important?

In light of the RATI Index scores, TI-LB presented a set of recommendations to ensure full implementation of the RATI law by Lebanese ministries and to overcome existing technical obstacles. These include producing and publishing annual reports, disclosing key decisions and financial transactions exceeding LBP 50,000,000 in a timely manner, enabling electronic information requests, appointing information officers, and publicizing their contact information. Additionally, where websites are not operational, ministries could use social media platforms as an alternative to disseminate important information.

Finally, enhancing transparency within public institutions could play a pivotal role in rebuilding the fractured trust between the Lebanese state and its citizens. In the context of Lebanon’s ongoing crises, where public confidence in the government has reached an all-time low, transparency is not just desirable—it is essential. The roots of the current crisis can be traced back to the systemic lack of transparency and accountability in public institutions. By addressing these issues, the state can take the first steps toward restoring citizen trust, paving the way for a more stable and resilient society.

References:

Barakat, C., & Diba, C. (2023). Access to Information in Lebanon: The Law and Its Implementation. LCPS.

Chehayeb, K. (2021). Access to Information in Lebanon. The Tahrir Institute for Middle East Policy.

France, G. (2022). Lebanon: Overview of corruption and anti-corruption. Transparency International.

Human Rights Watch. (2019). Lebanon: Access to Information Law Stalled.

Ministerial Anti-Corruption Committee. (2020). National Action Plan to implement the Right to Access to Information Law.

United Nations. (1948). Universal Declaration of Human Rights.

United Nations. (1966). International Covenant on Civil and Political Rights.

United Nations, Human Rights Committee. (2011). General comment No. 34 on Article 19 of the ICCPR.

United Nations. (2003). The United Nations Convention Against Corruption.

Official Gazette. (2017, February 10). Law No. 28 Right to access to information Law.

Official Gazette. (2021, July 22). Law No. 233: Amending Law No. 28 Dated 10/02/2017 (The Right to Access to Information Law).

Official Gazette. (2020, September 8). Decree No. 6940: Determining Details of Implementation of Law No. 28 Dated 10/02/2017 (The Right to Access to Information Law).