Access to information is a fundamental human right that is critical for transparency, accountability, and good governance. In Africa, several international, regional, and national legal instruments exist to guarantee this right. This blog post will highlight some of these legal instruments.
Summary
International Legal Instruments
- Universal Declaration of Human Rights (UDHR):
- Article 19 of the UDHR recognizes the right to freedom of opinion and expression, including the right to seek, receive, and impart information and ideas through any media.
- International Covenant on Civil and Political Rights (ICCPR):
- Article 19 of the ICCPR similarly affirms the right to freedom of expression, including the right to receive and impart information.
Regional Legal Instruments
- African Charter on Human and Peoples’ Rights (ACHPR):
- Article 9 of the ACHPR guarantees the right to receive information and to express and disseminate opinions within the law.
- African Union (AU) Declaration of Principles on Freedom of Expression in Africa:
- Adopted in 2002, this document emphasizes access to information as crucial for the promotion and protection of freedom of expression.
National Legal Instruments
Examples
- South Africa:
- Promotion of Access to Information Act, 2000 – Provides for the right to access information held by public and private bodies.
- Uganda:
- Access to Information Act, 2005 – Guarantees the right of access to information in the possession of public bodies.
- Kenya:
- Access to Information Act, 2016 – Establishes the right of access to information held by public entities.
- Liberia:
- Freedom of Information Act, 2010 – Ensures access to government information and promotes transparency and accountability.
- Nigeria:
- Freedom of Information Act, 2011 – Provides for the right to access public records and documents.
- Ghana:
- Right to Information Act, 2019 – Establishes procedures for accessing information from public institutions.
- Tanzania:
- Access to Information Act, 2016 – Facilitates access to information held by public authorities.
- Mauritius:
- Freedom of Information Act, 2002 – Provides for the right of access to information held by public bodies.
- Botswana:
- Access to Information Act, 2002 – Regulates access to official information by the public.
- Malawi:
- Access to Information Act, 2017 – Ensures access to information from public bodies.
At the international level, the United Nations General Assembly adopted the International Covenant on Civil and Political Rights (ICCPR) in 1966, which guarantees the right to seek, receive, and impart information in Article 19. Although the ICCPR has not been widely ratified by African states, it provides an essential framework for advancing access to information on the continent.
At the regional level, the African Union (AU) adopted the African Charter on Human and Peoples’ Rights (ACHPR) in 1981, which guarantees the right to information in Article 9. The ACHPR requires states to promote the free flow of information and ideas, and to ensure that their citizens have access to information held by public authorities. In addition, the African Commission on Human and Peoples’ Rights, the AU’s human rights watchdog, has adopted numerous resolutions and decisions recognizing the right to access information.
In 2019, the AU adopted the Protocol to the African Charter on Human and Peoples’ Rights on the Right to Freedom of Expression and Access to Information (the Protocol). The Protocol is a significant development in the recognition of the right to information in Africa. It obliges states parties to adopt measures to promote and facilitate access to information and to establish national mechanisms for the implementation of this right.
At the national level, several African countries have adopted access to information laws. According to the African Platform on Access to Information (APAI), as of 2020, 28 African countries have access to information laws in place, including South Africa, Nigeria, Kenya, Uganda, and Tanzania. These laws provide a legal framework for citizens to request and receive information from public authorities, promote transparency, and contribute to the fight against corruption.
However, despite these legal instruments, access to information remains a significant challenge in many African countries. The implementation of access to information laws is often inadequate, and public authorities are sometimes reluctant to release information. Additionally, some governments have enacted laws that restrict access to information in the name of national security or public order.
To address these challenges, African civil society organizations have launched various initiatives to promote access to information. For example, the APAI, which is a coalition of civil society organizations, is advocating for the adoption and implementation of access to information laws in all African countries. The organization is also promoting research and dialogue on access to information in Africa.
In conclusion, access to information is a fundamental human right in Africa, and several international, regional, and national legal instruments guarantee this right. However, despite these legal frameworks, access to information remains a significant challenge in many African countries. Therefore, there is a need for sustained efforts to promote the implementation of access to information laws and to overcome the challenges that hinder access to information.
References:
* African Union. (2019). Protocol to the African Charter on Human and Peoples’ Rights on the Right to Freedom of Expression and Access to Information.
* African Platform on Access to Information. (2020). Access to Information Laws in Africa.
* United Nations General Assembly. (1966). International Covenant on Civil and Political Rights.
* African Commission on Human and Peoples’ Rights. (n.d.). The Right to Information.