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Access to information critical to good governance
MISA-Zimbabwe
May 19, 2009

The African Commission on Human and Peoples Rights (ACHPR) is conducting research to determine the extent to which existing Access to Information laws in States Parties and those in the process of being adopted comply with regional and international human rights standards.

In her activity report to the 14-day 45th Ordinary Session of the ACHPR which opened in Banjul, The Gambia on 13 May 2009, the Commission's Special Rapportuer on Freedom of Expression and Access to Information in Africa, Advocate Pansy Tlakula, said the research is being conducted in collaboration with the Centre for Human Rights, University of Pretoria in South Africa.

Highlighting the importance of access to information in promoting transparency, accountability and good governance, Advocate Tlakula said the absence of such laws in Africa had prompted her decision to prioritise their adoption by States Parties as one of her areas of focus.

"The research will also provide guidelines for States Parties on the formulation of Access to Information legislation," she said.

Advocate Pansula urged States Parties that have taken steps towards adoption of Access to Information laws especially those that have been engaged in prolonged attempts to enact them such as Ghana and Nigeria, to do all that is necessary to ensure their efforts are concretised into laws that conform to applicable regional and international standards.

On those countries that have adopted Access to Information laws, she said this should be followed by ensuring that the necessary institutional machinery for their effective implementation is in place as well as amending existing laws to conform to relevant international human and regional standards.

Principle IV of the Declaration of Principles on Freedom of Expression in Africa provides:

1. Public bodies hold information not for themselves bus as custodians of the public good and everyone has a right to access this information subject only to clearly defined rules established by law

2. The right to information shall be guaranteed by law in accordance with the following principles:

• Everyone has the right to access information held by public bodies
• Everyone has the right to access information held by private bodies which is necessary for the exercise or protection of any right
• Any refusal to disclose information shall be subject to appeal to an independent body/or the courts
• Public bodies shall be required, even in the absence of a request, actively to publish important information of significant public interest
• No one shall be subject to any sanction or releasing in good faith information on wrongdoing, or that which would disclose a serious threat to health, safety or the environment save where the imposition of sanctions serves a legitimate interest and is necessary in a democratic society
• Secrecy laws shall be amended as necessary to comply with freedom of information principles.

3. Everyone has the right to access and update or otherwise correct their personal information, whether it is held by public or by private bodies.

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