The African Commission on Human and Peoples’ Rights on Oct. 18 gave a rough reception to a draft model freedom of information law and deferred approval until its next meeting, in February.
Commissioners found many reasons to criticize the draft model law (English and French), which has been developed by a “Working Group” over the past two years. The process started by the Commission in 2010 included a comment period and regional consultations.
The Commission session, held in the Ivory Coast, was closed, but descriptions provided to FreedomInfo.org, indicate that the commissioners said the proposed model law goes too far and is too detailed.
Even the title drew objections from those who feared it would place undue pressure on governments to meet the standard. The title, set in the original Commission Resolution 167, was later supported by the chairperson of the meeting.
Bar Too High, Critics Say
The model law would set too high a standard, several commissioners stated.
The proposed oversight mechanism was too detailed and prescriptive, some commissioners said, urging that it be revised and made more general.
Also drawing objections was a provision that would require governments to provide requesters with information in the form they prefer.
The model law’s size was criticized, with suggestions for paring it down.
Most, though not all of the discussion, was critical of the draft model law.
“Some” commissioners appeared not to have read the document, FreedomInfo.org was told. Others exhibited little appreciation of how access as a right could support other work on human rights.
Internal tensions also surfaced. There were tensions between Francophone and Anglophone commissioners and objections from one commissioner that the model access law was being moved ahead of his project.
There were concerns that better access laws would reward unworthy media outlets.
Issues with the French translation were discovered in advance of the meeting, although that apparently did not prevent criticisms on this score.
Rapporteur Reports
While approval at this meeting was not guaranteed, its passage had been at least hoped for the Commission’s Special Rapporteur on Right to Information and Freedom of Expression, under whose auspices the project was done.
Tlakula prepared a report for the meeting in which described the process used to create the draft model law and steps to be taken after its approval. The working group finished its work In July and the draft model law was sent to the Commission in advance of the meeting.
Tlukula wrote, “It is worth noting that all the feedback received at these Consultations as well as those received by email were considered by the Working Group and based on this, the draft Model law has been finalised for adoption by the Commission during this 52nd Ordinary Session.”
The Commission decided to schedule the document for final and expedited consideration at its next meeting scheduled to begin on Feb. 18, 2013.
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