The African Platform on Access to Information Declaration was adopted at the Pan African Conference on Access to Information held Sept. 17-19 in Cape Town, South Africa.
Developed by a variety of groups, the wide-ranging declaration sets out 14 principles on the right of access to information, but also discussed how they should be implemented and makes suggestions or governments, civil society groups and the media.
The final document was the sixth draft, culminating a public consultation process begun in June.
After being adopted, the declaration was signed by Frank La Rue, UN Special Rapporteur on Freedom of Opinion and Expression, Faith Pansy Tlakula, Special Rapporteur on Freedom of Expression and Access to Information in Africa, and Norris Tweah, Liberian Deputy Minister of Information, Culture and Tourism, and representatives of major media and human rights groups.
The three-day conference was organized by the Windhoek+20 Campaign on Access to Information in Africa in partnership with the United Nations Educational, Scientific and Cultural Organization (UNESCO); the African Union Commission (AUC) and the Special Rapporteur on Freedom of Expression and Access to Information of the African Commission on Human and Peoples’ Rights.
“The African Platform on Access to Information Declaration and conference marks great progress in Government officials and members of civil society working together to chart a way forward for access to information on the continent. Continued collaboration is imperative to realise the adoption of access laws and principles at national levels,” said Fatou Jagne-Senghor, ARTICLE 19 West Africa.
Edetaen Ojo and Malcolm Joseph were given Africa’s first awards for activism on access to information. Ojo is the executive director of Media Rights Agenda. Joseph is the executive director of the Center for Media Studies and Peace-Building (CEMESP) in Liberia.
The full declaration covers many topics, including how the “key principles” should be applied.
The key principles state:
1. Fundamental Right Accessible to Everyone. Access to information is a fundamental
human right, in accordance with Article 9 of the African Charter on Human and Peoples’
Rights. It is open to everyone, and no one should be privileged or prejudiced in the exercise
of this right on account of belonging to a class or group howsoever defined, and whether in
terms of gender, class, race, political association, occupation, sexual orientation, age,
nationality, HIV status, and other bases as cited in many African constitutions. It is not
required that anyone has to demonstrate a specific legal or personal interest in the
information requested or sought or otherwise required to provide justification for seeking
access to the information.
2. Maximum Disclosure
The presumption is that all information held by public bodies is public and as such should
be subject to disclosure. Only in limited circumstances set out in these principles below may
disclosure be denied.
3. Established in Law. The right of access to information shall be established by law in each
African country. Such law shall be binding and enforceable and based on the principle of
maximum disclosure. The law shall take precedence over other conflicting laws that limit
access to information.
4. Applies to Public Bodies and Private Bodies. The obligations of ATI shall apply to all
public bodies, as well as to private bodies (i.e. the private business sector as well as civil
society organisations) that utilise public funds, perform public functions, provide public
services or exploit public resources ( with regards to said funds, functions, services or
resources), or which are in possession of information which is of significant public interest
or where the release of such information is needed for exercising or protecting other rights.
5. Clear and Unambiguous Process. The law shall include procedures for the exercise of the
right. The process to obtain information should be simple, fast and at low or no cost and take
advantage of new information and communication technologies where possible. Bodies
falling under the scope of the ATI law should provide assistance to requesters in order to
ensure that they receive the information they need. The information provided should be
provided in a form understandable to the requestor. Information should be disclosed within a
clear and reasonable deadline provided for by law.
6. Obligation to Publish Information. Public and relevant private bodies shall be obliged to
proactively release information in a timely manner about their functions, powers, structures,
officials, decisions, expenditures, budgets, and other information relating to their activities
that is of public interest. The dissemination should use all reasonable means of
communications, including ICTs to maximise access to all communities and sectors of
society.
7. Language and Accessibility. To the greatest extent possible, information should be
available in the language of the person seeking it, and in a format that is as accessible as
possible.
8. Limited Exemptions. The right of access to information shall only be limited by provisions
expressly provided for in the law. Those exemptions should be strictly defined and the
withholding of information should only be allowed if the body can demonstrate that there
would be a significant harm if the information is released and that the public interest in
withholding the information is clearly shown to be greater than the public interest in
disclosure. Exemptions shall be overridden when the public interest in disclosure outweighs
any harm. Information can only be withheld for the period that the harm would occur. No
information relating to public interest, such as about human rights abuses, corruption, or
imminent dangers to public health or safety, may be withheld. Privacy can be a legitimate
limitation on access to information except when over-ridden by public interest.
9. Right to Personal Data
All persons have a right to access and correct their personal data held by third parties.
10. Whistleblower Protection. To ensure the free flow of information in the public interest,
adequate protections against legal, administrative and employment-related sanctions should
be provided for those who disclose information on wrong-doing and other information in the
public interest, in accordance with Principle IV (2) of the Declaration of Principles on
Freedom of Expression in Africa.
11. Right of Appeal. Everyone has a right to appeal administratively any refusals of access to
information requests (and failure to proactively disclose information?), to further appeal to
an independent body and to seek judicial review of all denials of their right of access to
information.
12. Duty to Collect and Manage Information. Public and relevant private bodies have a duty
to collect and manage information on their operations and activities on behalf of their
citizens. This includes procedures for ensuring that the information is easily accessible.
13. Duty to Fully Implement. Public and relevant private bodies have an obligation to ensure
the law is fully implemented. This includes internal procedures and processes and the
designation of responsible officials. An independent body such as an ombudsman or
commissioner should be established to monitor and ensure implementation.
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