A Decade of Constitutionalised Right to Access Information in Morocco: Reflections on the Progress and Challenges
Posted: 3 July, 2024 Filed under: Reda Benkhadra | Tags: biennial anti-corruption plan, chafafiya.ma, Commission for the Right to Access Information, constitutionalisation, ight to access information, International Covenant on Civil and Political Rights, legislative framework, Model Law, Morocco, politico-militant sphere, Press and Publishing Law, Protection of Personal Data, right to access administrative records, right to information 1 Comment
Author: Reda Benkhadra
Researcher
Originally limited and considered as a right to access administrative records, the right to information has evolved over time to become a key element in strengthening good governance and institutional transparency. By endorsing foundational texts such as Article 19 of the International Covenant on Civil and Political Rights and Article 10 of the United Nations Convention against Corruption (UNCAC), member states have committed to advancing the recognition of this right. In fact, the UNCAC calls upon state parties to take appropriate measures in accordance with their domestic laws to ensure the right to information and facilitate its access.
Beyond Crisis: The State of Access to Information and the Internet for Rural Dwellers in South Africa
Posted: 1 July, 2024 Filed under: Ompha Tshamano | Tags: Access to Information, access to socio-economic rights, apartheid, ATI, digital communication, digital divide, digital technology, fundamental human rights, ICT, internet, post-apartheid, real-time information, right to access information, right to information, rural communities, social media, socio-economic underdevelopment, South Africa 7 Comments
Author: Ompha Tshamano
Project Associate, Centre for Human Rights, University of Pretoria
1 Overview
South Africa has a long history of socio-economic underdevelopment, largely resulting from the sustained effects of apartheid. Despite the end of apartheid, the position of rural communities in South Africa remains precarious, with limited access to resources and infrastructure. The creation of Bantustans during apartheid further exacerbated economic disparities amongst different racial groups, leading to poverty, inequality, and unemployment. Slow technological adoption and development in South African rural areas also contribute to limited access to information and restricted opportunities. This situation has resulted in the maintenance of the status quo, with socio-economic underdevelopment and inequality continuing to be major challenges in post-apartheid South Africa. In this context, this article seeks to critically examine the state of access to information for rural dwellers in South Africa and the initiatives being taken to improve this situation.
Addressing Challenges in Information Access: Navigating State-Imposed Internet Shutdowns in Africa
Posted: 28 June, 2024 Filed under: Muhammed Bello Buhari | Tags: Access to Information, ATI, civic engagement, digital communication, digital technology, freedom of expression, fundamental human rights, ICT, information and communication technologies, information dissemination, internet, real-time information, right to access information, right to information, social media, state-imposed internet shutdowns, transparency Leave a comment
Author: Muhammed Bello Buhari
Digital rights activist
In Africa’s dynamic digital landscape, technology has emerged as a double-edged sword, promising to revolutionise access to information while simultaneously presenting unprecedented challenges, notably through state-imposed internet shutdowns. The delicate interplay between technology, information access, and the persistent disruptions, particularly the alarming rise of state-imposed internet shutdowns, has become a defining narrative in the continent’s quest for equitable information dissemination. This article focuses on exploring the many-sided relationship between technology and access to information, specifically addressing the intricate challenges posed by state-imposed internet shutdowns.
Pay or be denied: The impact of fees and charges on journalists’ perception of the effectiveness of Ghana’s Right to Information Law
Posted: 26 June, 2024 Filed under: Kwaku Krobea Asante | Tags: Access to Information, accountability, ATI, corruption, economic mismanagement, fundamental human rights, Ghana, Ghana’s Right to Information Commission, journalists, lack of accountability, military coups, Model Law of Access to Information for Africa, restriction to information access, right to access information, transparency Leave a comment
Author: Kwaku Krobea Asante
Senior Programme Officer, Media Foundation for West Africa (MFWA)
Introduction
There has been a global upsurge in the demand for transparency, accountability and the establishment of norms in favour of democracy [1]. These norms include the passage of universal Access to Information (ATI) laws and the respect for the right to access information across the world[2].
In Africa, the adoption of the Model Law of Access to Information for Africa in 2013 was a response to emerging questions about widening inequality, widespread poverty, corruption and lack of accountability in public office. Indeed, the model law is consistent with other relevant laws including the African Charter on Human and Peoples’ Rights (the African Charter).
Implementation of the access to information law in Nigeria
Posted: 24 June, 2024 Filed under: Jacob O Arowosegbe | Tags: Access to Information Act, activism, civil society organisations, compromising democratic stability, freedom of expression, Freedom of Information Act, military regimes, nationwide protests, NFOIA, Nigeria, Nigerian 1999 Constitution, restrict access, right of access to information, rule of law, sanctions, system of security Leave a comment
Author: Jacob O Arowosegbe
Solicitor and advocate of the Supreme Court of Nigeria
Introduction
Implicit in the guarantee for freedom of expression under section 39(1) of the Nigerian 1999 Constitution[1] is the right to receive and disseminate information and since this right is meaningless without a corresponding right to freedom of access to information, the latter is by implication granted. The right is, however, superseded by the constitutional recognition of the right of the government to restrict access to certain information confidentially received or which it considers prejudicial to public security, order, health, and morality.[2] An example of a law enacted to restrict access to government-held information is the Official Secrets Act, 1962.[3] Under the Act, virtually any information only needs to be placed under a system of security classification currently in use to deny members of the public access to it.[4] Public officials are in fact routinely required to keep sealed lips concerning the conduct of government business.
Proactive disclosure of information post the 2013 Model Law on Access to Information: Assessing the compliance of the Zimbabwe Electoral Commission with the Guidelines on Access to Information and Elections in Africa and the Declaration on Principles of Freedom of Expression in the 2023 harmonised elections.
Posted: 21 June, 2024 Filed under: Idirashe Amanda Chikomba | Tags: Access to Information, African Charter on Human and Peoples Rights, Constitution of Zimbabwe, Cyber and Data Protection Act, Declaration on Principles on Freedom of Expression, Electoral Management Bodies, Guidelines on Access to Information in Africa, International Covenant on Civil and Political Rights, Model Law on Access to Information, national security, Presidential Proclamation, public accountability, right to access information, transparency, ZEC, Zimbabwe, Zimbabwe Electoral Commission Leave a comment
Author: Idirashe Amanda Chikomba
Human rights lawyer
Introduction
Regional and international instruments guarantee the right to access information. Article 9 of the African Charter on Human and Peoples Rights (African Charter) and Article 19 of the International Covenant on Civil and Political Rights (ICCPR) provide for the right to access and receive information. Both treaties have been ratified by Zimbabwe. Section 62 of the Constitution of Zimbabwe, 2013 (the Constitution) also guarantees the right to access information. The provision enunciates access to information to every Zimbabwean citizen or permanent resident, including juristic persons and the media. The duty bearers are outlined as any institution or government agency for purposes of public accountability.
Testing the Waters of Transparency: The Impact of Namibia’s Access to Information Act on Constitutionalism
Posted: 18 June, 2024 Filed under: Dunia P. Zongwe | Tags: Access to Information Act, accountability, ‘Fishrot’ Files, constitutionalism, corruption scandal, Gondwana case, Haufiku case, human rights, international standards, Namibia, national security, RAI, right to access information, rule of law, secrecy, secret information Leave a comment
Author: Dunia P. Zongwe
Associate Professor, Alliance School of Law, India; and Adjunct Associate Professor, Walter Sisulu University, South Africa
Abstract
This paper decodes the right to access information (RAI) in the newly enacted Access to Information Act in Namibia. Passed by Parliament in 2022, this Act came on the heels of the infamous ‘Fishrot’ Files, the country’s ugliest corruption scandal, uncovered through massive information leaks. This paper evaluates the efficacy of the Act in advancing the goals of constitutionalism by enabling individuals to access information robustly and transparently, thereby holding the ruling elite accountable to the public.
This paper unfolds in four steps. It begins by describing the loopholes that existed in the law before 2022, pondering what these lacunae imply for constitutionalism. Next, the paper dissects the RAI in theory, doctrine, and as presented in the Access to Information Act 8 of 2022. It then examines the Act’s provisions on RAI against the provisions laid out in the 2013 Model Law on Access to Information for Africa, highlighting key parallels. Lastly, drawing on those parallels, the paper assesses whether the RAI, as consecrated in the 2022 Act, advances the goals of constitutionalism. The paper argues that, by excluding from its scope Cabinet deliberations, the Act watered down the presumption of disclosure, and, in that sense, it failed to close the last loopholes that allowed the executive branch to evade accountability. This paper adds to the relevant literature by revealing that implementing the RAI and the disclosure presumption may constrain the executive more effectively than the other organs of the state.
From limitation to derogation of rights: Revisiting internet shutdowns during elections in Africa
Posted: 14 June, 2024 Filed under: Chrispin Bosire | Tags: Access to Information, Access to the internet, African Charter on Human and Peoples’ Rights, data protection, digital rights, dissemination of opinions, elections, free speech, Freedom of Information and Expression, government-led internet shutdowns, human rights standards, illegitimate restrictions, internet disruptions, internet shutdowns, liberty of expression, national security concerns, press freedom, violation of rights, vital electoral information Leave a comment
Author: Chrispin Bosire
Advocate of the High Court of Kenya
Introduction
Free access to information, free speech and liberty of expression contribute to democratic elections. Article 9 of the African Charter on Human and Peoples’ Rights (the African Charter) guarantees the right to receive information and safeguards freedom of expression and dissemination of opinions. Access to information and press freedom are important elements of free expression. This right is now exercised both offline and online, as provided under Principle 5 of the 2019 press freedom. However, systemic internet disruptions and restrictions on access to communication platforms are on the rise in Africa. This has negatively affected the people’s right to expression during elections, and meaningful access to vital electoral information, necessary to make informed decisions.
Technology and Access to Information: Effect of Search Algorithms on Access to Information
Posted: 12 June, 2024 Filed under: Wendy Ashikomela Ashilenje | Tags: Access to Information, Access to the internet, Artificial Intelligence (AI), Blocking and filtering, Fourth Industrial Revolution (4IR), freedom of expression, increased internet use, right of access to information, Search Algorithms, social media platforms, specific behavioural patterns, technological advances, technology, Universal Declaration of Human Rights 2 Comments
Author: Wendy Ashikomela Ashilenje
Advocate of the High Court of Kenya
Introduction
Are you accessing all the information on your Facebook, Threads, Google, Bing or Instagram? The increased technological advances in Africa have been characterised by the increased use of the internet which is driven by the increased use of Artificial Intelligence (AI), hence confirming that we are in the Fourth Industrial Revolution (4IR). Statistics by Statista show that as at 2024, Africa had approximately 646 million internet users which is a slight increase from the 570 million internet users in 2022. As a result of the increased internet use, there is a lot of information that is out there which can be accessed through the various search engines or social media platforms. The science behind the internet may be complicated but it can easily be described by one word – algorithms. Algorithms are machine learning techniques that have been programmed to provide certain output based on the information that they are fed. Tarleton Gillespie attempts to give context as to what algorithms are and states that they are encoded procedures that transform the input data into a desired or specific output based on certain calculations.
AfricLaw 
Repressive Laws Silencing Dissidents, Deviants and Destabilisers in Uganda
Posted: 5 July, 2024 | Author: AfricLaw | Filed under: Contributors, Stella Nyanzi | Tags: Access to Information, Anti-Homosexuality Act (2023), Anti-Pornography Act, Computer Misuse (Amendment) Act, detained without trial, digital rights, Excise Duty (Amendment) Act, free expression, freedom of expression, General Comment 34, human rights, International Covenant on Civil and Political Rights (ICCPR), internet democracy without disruptions, Model Law on Access to Information, Musiri David, President Yoweri Museveni, public information, public media, restrictive laws, social media, Social Media Tax Law, state repression, Uganda, Uganda Human Rights Commission, Universal Declaration of Human Rights | 1 CommentWriters-in-Exile program, PEN Zentrum Deutschland
Fellow, Center for Ethical Writing, Bard College/ PEN America.
Summary
In Uganda, there is an incongruence between the legal regime governing access to information and freedom of expression on one hand, and a barrage of restrictive laws on the other. Although a decade has passed since the African Commission on Human and People’s Rights adopted the Model Law on Access to Information for Africa, growing state repression in Uganda generated laws aimed at silencing, denying access to information, criminalising and penalising government dissidents, deviants or minorities whose behaviours departed from societal norms, and destabilisers suspected of subverting the entrenchment of President Yoweri Museveni’s 37-year-old regime. I triangulate autoethnography with public media content analysis and law review to explore this incongruence within the right of access to information and free expression in Uganda.
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