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).
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.
A human rights approach to internet taxes in Africa
Posted: 17 September, 2019 Filed under: Tomiwa Ilori | Tags: African Charter, bloggers, Communication Service Tax, digital rights, e-commerce, expensive broadband, freedom of expression, freedom of speech, Ghana, ICESRC, ICTs, internet, internet taxation, Kenya, Nigeria, Online Content Regulations, protecting internet rights, right to access information, sub-Saharan Africa, Tanzania, tax, taxation, Uganda, UN Guiding Principles on Extreme Poverty 1 Comment
Author: Tomiwa Ilori
HRDA Alumni Coordinator/Researcher: Democracy, Transparency and Digital Rights Unit, Centre for Human Rights, University of Pretoria
Due to increasing underdevelopment in sub-Saharan Africa, many governments have looked towards several means to make up for deficits in domestic fiscal planning. One of the means through which governments have financed their budgets is by levying higher taxes on companies and individuals to be able to raise revenue.
While there may be legitimate reasons for states to levy taxes, in order for a tax system to be regarded as good and effective it needs to comply with at least five basic conditions: ensure a beneficial system; transparent in collection and use; less bureaucratic and equitable – every person should pay a fair amount of taxes not injurious to their well-being. While Information and Communications Technologies (ICTs) potentially impact the global economy, not all economies have thrived equally. In most sub-Saharan African countries, the impacts of ICTs have been least felt which damages the prospects of democratic development in the region. Read the rest of this entry »
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