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The South African Human Rights Commission and the Network of African National Human Rights Institutions in Africa have welcomed the launch of the African Commission Model Law on Freedom and Access to Information.
The
model law was officially
launch by Commissioner Catherine Dupe Akoki, Chairperson of the African
Commission on Human and Peoples’ Rights (ACHPR) on April 12, 2013 at the
ongoing 53rd Ordinary Session of the ACHPR in Banjul, The Gambia.
The
law was adopted by the African Commission last month.
Chairperson of the South African Human Rights Commission
Mabedle Mushwana welcome the launch, saying: “Information and knowledge is
power, while lack of which is a deprivation that might result in grave and
adverse consequences that might even result in an impingement on a person’s
freedom, peace and justice”.
He said a person cannot exercise right to access
information unless he or she has knowledge and information of the existence of
such rights and where to access such information.
The lunching of this law signifies a bold step taken by
the Commission to ensure that pieces of access to information legislation that
would henceforth be passed by the African States contain principles and clauses
that are progressive and democratic, he said.
This, he said, is aimed at promoting, protecting and
developing a culture of human rights on the African Continent.
The launching may also necessitate the amendments of
existing pieces of legislation that would be found to be incompatible with this
model law.
He encourages wide distribution of copies of the model
law in an attempt to inform the wider public about it and to enable legislators
to include its salient provisions to improve their existing national
legislations on access to information.
Only 10 African countries have so-called laws,
regulations and policies dealing with access to information: Angola, Ethiopia,
Guinea Conakry, Liberia, Niger, Nigeria, Rwanda, South Africa, Uganda and
Zimbabwe.
However, Mushwana urges these to amend their access to
information laws if found to be incompatible with the model law.
Hon. Mathas Chikawe, Minister
of Constitutional and Legal Affairs of Tanzania, said: “The model law comes at
an opportune moment when most of the African states are contemplating enacting
this law in their own countries”.
“It is opportune because transparency and citizen
participation has now an important part of good governance,” he said. “In most
of our states, democracy has come of age and our citizens need to participate
fully in managing the affairs of their own countries.”
Thus, freedom and access to information is fundamental
in our democracies, he said.
Hon. Chikawe said the law conforms to international
standards and it covers all the basic tenets of the right to access,
disclosure, exemptions, and classified information.
“It is in the simple common language that can be easily
understood by most users and that make it ideal,” he said of the model law on
access to information.
He explained that at the international level this model
law is been eagerly awaited by many, at the open government partnership forum
where Tanzania and the Republic of South Africa are members of the executive
committee, this model law will be happily received.
He said, having a freedom of and access to information
law is one of the four criteria for a country to join the open government
partnership.
He urged member’s states to use this model law and enact
their own legislation to comply with the OGP criteria requirement.
“My country does not have the freedom of information law
in place”, he noted while adding that Tanzania have a constitutional provision,
which guarantees freedom of information to its citizens in general terms.
However, he said Tanzania is committed to having a
freedom of information law this year (2013).
“The model law comes at a right time for the government, as we have
already started the process of enacting it”.
Written by Modou S. Joof
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