Further insights from Armenia, Guatemala, Malaysia, Niger, and Tunisia illustrate access to information challenges
December 10, 2024 – New research from Transparency International Defence & Security (TI-DS) underscores the need for better access to information in the defence sector to curb corruption, ensure accountability, and improve civic engagement.
Published today, Unlocking Access: Balancing National Security and Transparency in Defence shines a light on opaque defence sectors worldwide at a time of increased geopolitical tensions and global military spending reaching record highs of $2.4 trillion.
The report highlights challenges and good practices of transparency in defence budgets, procurement and policy processes using detailed case studies from Armenia, Guatemala, Malaysia, Niger, and Tunisia. The countries are at varying stages of progress in advancing access to information in their defence sectors and face a range of challenges, including conflict-driven secrecy, democratic backsliding, and stalled reforms.
Our analysis reveals that while international frameworks provide guidelines for transparency, implementation remains weak. Blanket national security exemptions are often used to justify withholding critical information, while public interest tests designed to balance the benefits of disclosing against the potential harm are mostly absent.
This lack of transparency increases the risk of corruption, mismanagement of funds, and fuels public distrust of the very institutions tasked with protecting citizens.
Michael Ofori-Mensah, Head of Research at Transparency International Defence & Security, said:
“The defence sector remains one of the most secretive corners of government, making it a breeding ground for corruption. Striking a balance between national security and the public’s right to know is crucial to ensure accountability, but far too often governments tip the scales towards secrecy. It’s time for transparency to be the rule, not the exception.”
Case study insights
Armenia has kept high levels of defence spending because of its decades-long conflict with Azerbaijan over the Nagorno-Karabakh territory, which recently concluded with major losses for Armenia. Access to information was enshrined in a 2003 national freedom of information law but has been severely curtailed by the 2024 states secrets law, which prohibits the release of information related to most defence spending.
Guatemala has endured a growing corruption crisis for the past decade, as the presidency and the powerful Public Prosecutor’s office stifled anti-corruption efforts, forced anti-corruption officials into exile, and blocked potential reform candidates from elections. As the Secretariat for Access to Public Information is required to work with the Prosecutor’s Office on access to information enforcement, implementation of the law has faltered until now.
Malaysia saw a peaceful power transition in 2018, but governance reforms – including access to information – have stalled, with the Official Secrets Act 1972 (OSA) severely limiting access to information. The OSA functions as the de facto national framework for access to information and overrules any other legislation on information access. There is little knowledge about the defence budget or expenditures, and almost no publicly available information about acquisition planning.
Niger experienced a military coup in July 2023 that has led to increased violence, stark reductions in foreign assistance, and a severe curtailing of access to information and other democratic rights. Even prior to the coup, defence income and military spending were mainly non-transparent, as were defence purchases. But a new far-reaching law was passed in 2024 that excludes all defence matters from public procurement, public accounting, and taxes.
Tunisia has seen democratic backsliding since 2021 which reduced government transparency. Though a strong access to information law exists, defence-related information is often kept confidential. Still, Tunisia has a strong access to information law, with an effective independent oversight body that has helped to implement the law throughout the public sector.
The report offers specific recommendations for each of these five countries to improve access information which broadly fit into these categories:
- Balancing tests: Legal frameworks should require officials to assess the public interest versus potential harm before withholding information.
- Proactive disclosure: Governments should regularly and proactively publish defence budgets, procurement plans, and financial results to enhance accountability.
- Independent oversight: Review bodies should be established to monitor and adjudicate disputes over information access.
- Civil society engagement: Defence planning and policymaking should be open to civil society for broader input and oversight
Notes to editors:
The case studies in Unlocking Access were produced using an updated version of our Government Defence Integrity Index 2020 – the leading global assessment of the governance of and corruption risks in defence sectors. The data was supplemented by interviews with local experts, and the review of policy reports and media investigations.
French and Spanish versions of this press release are available.