The Somalian National Constituent Assembly on Aug. 1, made up of 825 prominent Somalis, approved a constitution that among other things guarantees access to information.
The approval sets the stage for presidential elections and the establishment of a parliament. A Provisional Constitution Review and Implementation Oversight Committee will review the constitution, which received largely positive reactions for its human rights provisions.
Article 19, the London-based freedom of expression group expressed some reservations about Article 32 of the Constitution, which protects the right to access information in the following terms:
(1) Every person has the right of access to information held by the state.
(2) Every person has the right of access to any information that is held by another person which is required for the exercise or protection of any other just right.
(3) Federal Parliament shall enact a law to ensure the right of access to information.
“Article 32 is largely a positive provision, particularly since it confers the right of access to information on all people and does not limit it to citizens. It is also positive that the right of access to information is recognised in respect of private bodies where necessary for the exercise or protection of any other right,” according to an Article 19 statement.
“A number of principles central to the right of access to information should be read into Article 32 and elaborated upon when legislating to implement this right. These are reflected in the African Platform on Access to Information and in ARTICLE 19’s model law on freedom of information,” Article 19 said, elaborating:
- The state holds information for and on behalf of the public. Public bodies must ensure easy, prompt, effective and practical access to information that is not proactively disclosed.
- Public bodies should engage in proactive disclosure of information in the public interest.
- “Information” subject to the right includes records held by a public body, regardless of the form in which the information is stored, its source and the date of production.
- “Public body” includes all branches of State; the executive, legislative and judicial branches, as well as other public or governmental bodies, at the national, regional, and local levels, who are in the position to engage the responsibility of Somalia. It should also be interpreted to include private bodies that carry out public functions.
- Information should only be withheld on the basis of clearly established laws, where (a) disclosure would cause serious harm to a protected interest and (b) this harm outweighs the public interest in accessing the information.
Article 19 recommended that the constitution “should recognise the right to access information held by private bodies that perform public functions.” Also, the group said, “The right of access to information should be implemented in line with the African Platform on Access to Information and with regard to ARTICLE 19’s model freedom of information law.”
Filed under: What's New