Rule of law, public records transparency: democratic push and pull?

Within the 2024 IIAG’s sobering news that more than six in 10 Africans live in countries where certain key democratic governance norms have deteriorated over the past decade, two findings stand out for their implications for the continent’s democratic project. One is positive, the other less so.

To start with the less positive news, the report shows that the average rule of law score has declined, and four in 10 Africans now live in countries where the pace of deterioration in rule of law has worsened compared to a decade ago. This trend represents a clear threat to citizens’ commitment to democracy and their evaluations of public officials. Afrobarometer public-attitude survey data show that weak rule of law is correlated with declining popular commitment to democracy. In other words, citizens’ faith in democracy is at increased risk of erosion with the declining quality of rule of law.

On the other hand, the IIAG records significant improvements in two elements of Transparency & Accountability: disclosure of public records and accessibility of public records. This is encouraging. The right of access to public information is guaranteed in the African Charter on Human and Peoples’ Rights, and a growing number of African countries have adopted right-to-information laws. This aligns strongly with citizen expectations: A majority of Africans consistently express support for public access to information held by government officials.

Survey data further reveal that when citizens believe they can easily access public information, they are more likely to trust public officials and less likely to view them as corrupt. Providing easy access to public information is thus not just the right – and increasingly the lawful – thing to do, but it also directly influences how citizens assess the integrity of public officials. This, in turn, bodes well for popular support for democracy: Afrobarometer data show that popular support for democracy is enhanced when perceived corruption among public officials, especially at the local level, is low.

While the declining quality of rule of law reported in the 2024 IIAG may be eroding public faith in democracy on the continent, the progress in disclosure of public information and access to public records may be bolstering it – countervailing influences on what Afrobarometer data show is Africans’ remarkably resilient support for democracy.