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Draft
model law on Access to Information for AU member states introduced
Media Alliance of Zimbabwe
May 02, 2011
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Preamble
Recalling resolution
[Resolution 167 (XLVIII] of the African Commission on Human and
Peoples' Rights authorising the Special Rapporteur on Freedom
of Expression and Access to Information in Africa to initiate 'the
process of developing a model access to information legislation
for Africa';
Recalling further
Resolution 122 (XXXXII) 07 of the African Commission confirming
that 'the right to access information which is a component
of the fundamental right to freedom of expression is indeed covered
by the mandate of the Special Rapporteur', thus amending the
title of the Special Rapporteur to include Access to Information;
Conscious that
the adoption of a model law on access to information in Africa is
essential to the fulfilment of the mandate of the African Union
to promote and protect human and peoples' rights in accordance
with Article 45 of the African Charter on Human and Peoples'
Rights (the African
Charter);
Recognising
the right of access to information as an international human right
as expressed in Articles 19 of the Universal
Declaration of Human Rights and the International Covenant on
Civil and Political Rights;
Encouraged by
the express recognition by Member States of the significance of
the right of access to information as expressed in Article 9 of
the African Union Convention on Preventing and Combating Corruption
requiring States Parties to adopt legislative and other means to
'give effect to the right of access to any information that
is required to assist in the fight against corruption' as
well as the African Charter on Elections and Democracy which lists
as one of its objectives, 'the establishment of the necessary
conditions to foster citizen participation, transparency, access
to information . . . ';
Concerned
that despite the potential of access to information legislation
to foster good governance through enhancing transparency, accountability
and the participation of persons in public affairs, including by
exposing corruption and issues associated with underdevelopment
on the continent, there is a dearth of access to information legislation
in Member States;
Committed to
addressing the limited guarantees for access to information on the
continent by assisting Member States in formulating, adopting or
reviewing access to information legislation which meets minimum
thresholds of good practice and providing uniform benchmarks for
effective implementation of such legislation;
Hereby endorses
the following model law on access to information for adoption by
Member States of the African Union.
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