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Right to Information: International |
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Member States' Laws & Papers Only 15 out of 53 of the Commonwealth’s member state have their own freedom of information legislations: Antigua, Australia, Bangladesh, Belize, Canada, India, Jamaica, Malta (not yet operationalised), New Zealand, Pakistan (although only an Ordinance, not an Act, has been passed) South Africa, St Vincent and the Grenadines, Trinidad & Tobago, Uganda and United Kingdom. A number of Commonwealth countries protect the right to information in the Constitutions, but only a handful have actually operationalised these principles through legislation. Comparative Table of key provisions in access to information laws in Countries of the Commonwealth Click on the links below to view legislation, papers and links for each country
Constitutional protection of the right: Although many constitutions include the right to information as part of the formulation of the right to freedom of opinion or freedom of speech and expression, only a few provide an explicit, separate guaranteed right to information. Legislative protection of the right: Some of the constitutional guarantees of the right to information impose a definite obligation on the national legislature to enact a law to enforce and implement the right (for example, South Africa). Legislation is necessary to practically operationalise the right. Without legislation, the limits on the right are unclear such that citizens will most likely need to go to court to determine the extent of their right. ANTIGUA AND BARBUDA [Go to top] Law Article 12 of the Constitution includes the freedom to receive information and disseminate the information within the ambit of freedom of expression. In
a speech on May 23, 2004 Prime Minister Baldwin Spencer announced
that his administration was drafting Freedom of Information Legislation
for public consultation. Subseqeuently, the Freedom
of Information Act 2004 was passed." Articles
Links To be posted. AUSTRALIA [Go to top] Law There is no provision in the Constitution guaranteeing the right to information. Australia has a federal Freedom of Information Act 1982. Two sets of Regulations have been promulgated under the Act, the Freedom of Information (Fees and Charges) Regulations 2001 and the Freedom of Information (Miscellaneous Provisions) Regulations 2004. Australia also has separate freedom of informational legislation in all of its States and Territories. The Government of Australia introduced the Freedom of Information Amendment (Reform) Bill 2009 in Parliament on 26 November 2009. It has since been referred to the Senate Finance and Public Administration Legislation Committee on November 31, 2009. This Committee is due to report its findings and recommendations on March 16, 2010. CHRI submitted a preliminary analysis and recommendations for improving the contents of the Bill which can be viewed here. Along with this, the Government of Australia introduced the Information Commissioner Bill 2009 which establishes and provides for the appointments and staffing of the Office of the Information Commissioner among other things. This too, has been referred to Senate Finance and Public Administration Legislation Committee which is due to report on March 16, 2010. The Government of Australia also enacted The Freedom of Information (Removal of Conclusive Certificates and Other Measures) Act 2009 which commenced on 7 October 2009. The Act repealed the power to issue conclusive certificates in the FOI Act and the Archives Act 1983. Articles
Links
BAHAMAS [Go to top] Law Article 23(1) of the Constitution includes the right to receive and impart ideas and information without interference within the right to freedom of expression. The
Data
Protection (Privacy of Personal Information) Act 2003, has
been adopted to regulate the collection, processing, keeping,
use and disclosure of certain information relating to individuals.
The Act has been passed but has not yet been brought into force.
Articles
Links To be posted. BANGLADESH [Go to top] Law Article 39 of the Constitution guarantees freedom of thought, conscience and speech, but there is no reference in the Constitution to the right to information. Manusher Jonno prepared a draft Right to Information Bill in 2006 for consideration by civil society and the Government. CHRI has made a detailed analysis of this draft Bill and suggested areas which could be reconsidered and reworked. Recently, the care-taker Government drafted a Right to Information Ordinance 2008 which is available for public consultation. CHRI has made a preliminary set of recommendations for strengthening the provisions of the Bill. CHRI has submitted a set of supplementary recommendations to the Drafting Committee for consideration. The Council of Advisors passed the Right to Information (RTI) Ordinance 2008, 94 days after the ordinance was approved in principle. The RTI Ordinance has come into effect after receiving the President’s assent on 20 October 2008. Please click here to read the Right to Information (RTI) Ordinance 2008 in English. On 29 March 2009, the Bangladesh government headed by Sheikh Hasina of the Bangladesh Awami League enacted the Right to Information Act 2009. All organisations registered under the law of the land will be bound to provide citizens with information on matters of public interest. An Information Commission will be constituted in Bangladesh within 90 days of the act's taking effect. The Right to Information Ordinance promulgated in 2008 by the caretaker government will cease to have effect as it was not ratified within the specified timeframe. An unofficial English version of the Right to Information Act has been prepared. CHRI has prepared a note on the salient features of the Bangladesh RTI ACT. After the enactment of the RTI Act in Parliament, the President signed it on 5 April and a gazette notification was published in this regard on 6 April. The Act came in to effect on 1 July 2009. Towards the end of June, the Government of Bangladesh formed a three-member Information Commission with former secretary M Azizur Rahman as the Chief Information Commissioner. The other members include former secretary Mohammad Abu Taher and Ms. Sadeka Halim, professor in the Sociology department of Dhaka university. After the retirement of M Azizur Khan in 2009, Muhammad Zamir has been appointed as the new Chief Information Commissioner of the Information Commission of Bangladesh in 2010. The official English version of the RTI Act 2009 was notified in the Bangladesh Gazette on 29 October, 2009. The RTI Act in English and Bengali is available on the website of Ministry of Information, Government of Bangladesh at http://www.moi.gov.bd/ Articles
Links BARBADOS [Go to top] Law Section 20(1) of the Constitution includes the freedom to receive and communicate ideas and information without interference as part of the right to freedom of expression. Recently,
the Barbados Government drafted a Freedom
of Information Act 2008, which is available for public consultation.
CHRI has made a preliminary
set of recommendations for strengthening the provisions of
the Bill, and has additionally submitted a revised
Bill incorporating these recommendations. Articles
Links BELIZE [Go to top] Law Section 12(1) of the Constitution includes the freedom to receive and communicate ideas and information without interference as part of the right to freedom of expression. The
Freedom
of Information Act 1994 implements the constitutional
right to information. It does not appear that Rules have been
passed in support of the Act. Articles
Links To be posted. BOTSWANA [Go to top] Law Section 12 of the Constitution includes the freedom to receive and communicate ideas and information without interference as part of the right to freedom of expression. Articles
Links BRUNEI DARUSSALAM [Go to top] Law Bruneii Darussalam is a monarchical state with no Constitution. There is therefore no constitutional guarantee of the right to information. There is also no access to information legislation. Articles To be posted. Links To be posted. CAMEROON [Go to top] Law The
Constitution
endorses the provisions of the Universal Declaration of Human
Rights, the UN Charter and the African Charter on Human and People's
Rights. As such, Article 19 of the UDHR which recognises the right
to receive and impart information as part of the right to freedom
of expression applies. Articles
Links To be posted. CANADA [Go to top] Law The Canadian Constitution does not contain an explicit provision regarding the right to information. Section 2(b) of the Consitution Act 1982, which includes the Canadian Charter of Rights and Freedoms, upholds the right to freedom of speech, freedom of press and media of communication. The Supreme Court of Canada has interpreted this section to include and guarantee the right to access to information, most notably in the case of Canadian Broadcasting Corporation v New Brunswick [1996] 3 S.C.R. Canada has a federal Access to Information Act 1983 (ATI Act), which is supported by Access to Information Rules (SOR/83-507). In 2005, the Standing Committee on Access to Information, Privacy and Ethics considered how the ATI Act could be improved. The Federal Information Commissioner submitted Amendments to the ATI Act for consideration. In 2005, Gomery Commission, set up to investigate a major government scandal, also considered how to strengthen the ATI Act. Chapter 10 of the Report of the Gomery Commission captures the Commission’s recommendations re improving the ATI Act. Canada also has separate freedom of informational legislation in most of its Provinces and Territories. See also: Policies & Articles
Links
CYPRUS [Go to top] Law Article
19(2) of the Constitution
includes the freedom to hold opinions and receive and impart information
and ideas without interference by any public authority and regardless
of frontiers as part of the right to freedom of speech and expression. Articles To be posted. Links To be posted. DOMINICA [Go to top] Law Section
10 of the Constitution
includes the freedom to receive ideas and information without
interference freedom to communicate ideas and information without
interference as part of the right to freedom of expression. Articles
Links To be posted. FIJI ISLANDS [Go to top] Law Article 30(1) of the Constitution includes the freedom to seek, receive and impart information and ideas as part of the right to freedom of expression. Article 174 explicitly requires that Parliament should enact a law to give members of the public the right to access official documents of the Government and its agencies, as soon as practicable after the commencement of the Constitution. The Public Records Act [Cap 108] sets out the framework for archiving and accessing archived public documents. In 2000, the Fijian Labour Party (which at that time formed the Government) issued an Exposure Draft Freedom of Information Bill. The Bill lapsed following the coup in May 2000. In September 2004, a civil society organization known as the Citizens Constitutional Forum launched a Freedom of Information Bill 2004 and a Freedom of Information Discussion Paper, to be used as a basis for discussion by civil society and the Government. The Government advised that plans for FOI legislation were included on its 2004 legislative agenda, but did not produce a draft law for discussion. In
December 2006, a military coup overthrew the Government and a
Military “Interim Government” still holds power. Fiji
has been suspended from the Commonwealth until the restoration
of democracy and the rule of law occurs. The Interim Government
has made several promises to put in place a freedom of information
regime, and included this promise in its “Peoples Charter
for Change, Peace and Progress”. Work on the Charter itself
has been halted by the Fijian High Court, pending a decision on
whether it would violate the Constitution. Articles
Links To be posted. THE GAMBIA [Go to top] Law Article
25 of the Constitution guarantees a list of rights and freedoms,
but there is no reference to the right to information. Articles
Links To be posted. GHANA [Go to top] Law Article 21(1)(f) of the Constitution explicitly recognises that all persons shall have the right to information, subject to such qualifications and laws as are necessary in a democratic society. The Freedom of Information Bill has been drafted but has not been passed by parliament. A Revised version of the RTI Bill was released for Public Consultation in 2008. CHRI submitted a detailed analysis and recommendations for strengthening the provisions of the Revised Bill. Articles
Links GRENADA [Go to top] Law Article
10 of the Constitution
includes the freedom to receive and communicate ideas and information
without interference as part of the right to freedom of expression.
Articles
Links To be posted. GUYANA [Go to top] Law Article 146 of the Constitution includes the freedom to receive and communicate ideas and information without interference as part of the right to freedom of expression. A
draft
Freedom of Information Bill was developed by the opposition
Alliance for Change Party. CHRI produced a Detailed
Analysis of the Draft FOI Bill, suggesting areas which could
be reconsidered and amended. As a result of CHRI's analysis, the
Alliance for Change updated the draft Bill and submitted a final
Freedom of Information Bill to Parliament. Articles
Links INDIA [Go to top] Law Article 19 of the Constitution which upholds the right to freedom of speech and expression, has been interpreted by the Supreme Court of India to implicitly include the right to receive and impart information. The national Freedom of Information Act 2002 was passed in December 2002 and received Presidential assent in January 2003. However, a date for the Act to come into force was never notified, such that it never actually became operational. Following a national campaign to amend or at least enforce the national FOI law (click here for more background on the campaign), in May 2005 the national Right to Information Act 2005 was passed by Parliament. It received Presidential assent on 15 June 2005 and came into full force on 12 October 2005 (click here for more). A number of States also have separate legislation, but it is understood that these Acts will be repealed to make way for the new national Act. Articles
Links
JAMAICA [Go to top] Law Article 22 of the Constitution includes the freedom to receive and impart ideas and information without interference as part of the freedom of expression. Jamaica also has an Access to Information Act 2002 which implements the constitutionally guaranteed right to information. In 2003, Jamaica passed Access to Information Regulations. Articles
Links
KENYA [Go to top] Law Article 79 of the Constitution includes the freedom to receive and communicate ideas and information as part of the right to freedom of expression. Article
47 of the draft of the new Kenyan Constitution explicitly confers
a right to information. In January 2005, the Government released
a draft
Freedom of Information Bill 2005. It is not clear what the
Government's plan is regarding public consultation and/or tabling
the Bill in Parliament. In
April 2007, the Government of Kenya released its draft
Freedom of Information Policy and a draft
Freedom of Information Bill 2007 for stakeholder comment.
CHRI has made a detailed
analysis of the draft Bill and Policy Paper and suggested
areas which could be reconsidered and reworked.’ Articles
Links
KIRIBATI [Go to top] Law Article
12 of the Constitution
includes the freedom to receive and communicate ideas and information
without interference as part of the right to freedom of expression. Articles To be posted. Links To be posted. LESOTHO[Go to top] Law Article 14 of the Constitution includes the right to receive and communicate information and ideas and information without interference as part of the right to freedom of expression. The
Lesotho Chapter of the Media Institute of Southern Africa prepared
a draft Access
and Receipt of Information Bill for consideration by civil
society and the Government. CHRI has made a detailed
analysis of this draft Bill and suggested areas which could
be reconsidered and reworked. Articles To be posted. Links MALAWI [Go to top] Law Article 37 of the Constitution explicitly guarantees the right to access all information held by the state or any of its organs at any level of government in so far as it is required for the exercise of a person's rights. The
Malawi Chapter of the Media Institute of Southern Africa prepared
a draft
Access to Information Bill in early 2004 for consideration
by civil society and the Government. CHRI has made a detailed
analysis of this draft Bill and suggested areas which could
be reconsidered and reworked Articles
Links MALAYSIA [Go to top] Law Article 10 of the Constitution recognises the right to freedom of speech and expression, but there is no reference in the Constitution to the right to information. In
2006, the Malaysian Freedom of Information Advocates Coalition
drafted a Right
to Information Bill for the state of Kelantan. CHRI has made
a detailed
analysis of this draft Bill and suggested areas which could
be reconsidered and reworked. Articles
Links
MALDIVES [Go to top] Law Article 25 of the Constitution recognises the right to freedom of expression, conscience and thought, but there is no reference in the Constitution to the right to information. On 25 May 2004, the Attorney General, Dr. Hassan Saeed, in an interview with the Haveeru newspaper, states that a draft bill for a Freedom of Information Act would be sent to parliament in 2005. The Attorney-General said that the bill is being drafted taking into account opinion and recommendations of editors in Maldives, but at the same time stated that freedom of press in Maldives has been traditionally controlled, and that letting loose such controls suddenly may prove unhealthy in the context of the Maldives social environment. On 27 November 2005, the Haveeru Daily online edition reported that a draft freedom of information bill was one of four draft journalism bills which have been sent to the Law Commission for its approval. The Attorney General's Office has said that that these draft laws will be implemented prior to the approval by the People's Majlis. CHRI has written to President Gayoom, Attorney General Hassan Sayeed and the Parliamentary Legal Committee to support the Government's efforts to draft a Maldives Freedom of Information Bill. The Government of Maldives passed the Right to Information regulations this year. The regulations on the right to request and receive information from national authorities (in divehi)came into effect from 1 January 2009. Articles
Links To be posted. MALTA [Go to top] Law Section
41 of the Constitution
includes the right to receive and communicate ideas and information
without interference as part of the right to freedom of expression. A part of the Freedom of Information Act (FOIA). Articles
Links To be posted. MAURITIUS [Go to top] Law Article
12 of the Constitution
includes the right to receive and impart ideas and information
without interference as part of the right to freedom of expression. Articles
Links To be posted. MOZAMBIQUE [Go to top] Law Article 74(1) of the Constitution explicitly recognises the right to information. Every citizen has the right to inform him/herself and be informed about revelant facts and opinions, at the national and international level, as well as to disseminate information, opinions and ideas through the press. In
2004, a draft Access to Sources of Information Bill 2003 was produced
by the Mozambique chapter of the Media Institute of Southern Africa,
but it was not taken up by the Government. In 2005, the Bill was
revised with drafting support from CHRI and a new civil society
Draft
Law on the Right to Information 2005 was produced. Articles
Links NAMIBIA [Go to top] Law Article
21 of the Constitution
recognises the right to freedom of expression, but there is no
reference in the Constitution to the right to information. Articles
Links NAURU [Go to top] Law Article 12 of the Constitution recognises the right to freedom of expression, but there is no reference in the Constitution to the right to information. In 2005, the Nauru Constitutional Review Commission undertook public consultation and received submissions on proposed amendments to the Nauru Constitution. The Commission made its recommendations in its final report released in February 2007. One of the recommendations made is to include the right to information as an explicit right in the Constitution of Nauru.
The Constitutional Convention is now considering the recommendations
and its decision is expected to be given to Parliament in mid-2007. Articles
Links To be posted. NEW ZEALAND [Go to top] Law New Zealand's Constitution does not guarantee any right to information. However, the Official Information Act 1982 legislates for the right to access information. It does not appear that Rules have been passed in support of the Act. The Local Government Official Information and Meetings Act 1987 is also designed to make official information held by local authorities more freely available, as well as to provide for public admission to meetings of local authorities. As of now, there have been no rules ratified that accompany the 1982 Act itself. The Protected Disclosures Act 2000 is designed to protect "whistleblowers". The Act is currently being reviewed (see Terms of Reference for the commission of inquiry and information regarding submissions) with recommendations due by end 2003. The Privacy Act 1993 allows individuals to obtain and correct records about themselves held by public and private bodies. Cook Islands The Official Information Act 2008 comes into force on the 11th February 2009. Articles
Articles
Links NIGERIA [Go to top] Law Article 39(1) of the Constitution includes the right to receive and impart ideas and information without interference as part of the right to freedom of expression. The Freedom of Information Bill 2004 was passed by the House of Representatives in 2004. The Bill was read for the first time in the Senate in 2004, a second time in 2005 and was ultimately referred to the Senate Ad Hoc Committee on Freedom of Information who reported on the Bill in 2006. The Bill was read a third time in November 2006 and is awaiting Presidential assent. Articles
Links
PAKISTAN [Go to top] Law Article 19 of the Constitution recognises the right to freedom of speech and expression and freedom of the press, but there is no constitutional guarantee of the right to information. The Local Governance Ordinance was passed in 2001. Article 137 sets out limited provisions concerning citizens' right to information about any office of the District Government, Tehsil Municipal Administration and Union Administration. The Consumer Rights Commission of Pakistan produced a Model Freedom of Information Act in 2001. However, in October 2002, the Government promulgated the Freedom of Information Ordinance 2002 which is protected under the Provisional Constitutional Order. In September 2003, civil society submitted draft Business Rules to the Government for consideration. In 2004, the Government finally promulgated FOI Rules which are now in force. On 20 May 2004, Chief Coordinator PPP Parliamentarians and President PPP Policy Planning Committee, Sherry Rehman submitted a Freedom of Information Bill in the National Assembly, calling for key amendments in existing law and seeking universal access to information. The Bill was re-submitted for review by the National Assembly in September 2006. In the meanwhile, two provincial governments of pakistan enacted their own Freedom of Information laws in 2005 and 2006 respectively: Balochistan Freedom of Information Act 2005 and Sindh Freedom of Information Act 2006. On 19 June 2008, Ministry of Information and Broadcasting in collaboration with World Bank Institute organised a consultation with civil society stakeholders on the Freedom of Information Bill 2008 which is likely to be taken up by the Cabinet for discussion on 16 July 2008. Consumer Rights Commission of Pakistan (CRCP) concluded a consultation on the recommendations for improvement on 14 July 2008 by demanding of the government that the proposed Freedom of Information Bill 2008 should come into force only after holding detailed consultation with all of the stakeholders. CHRI has reviewed the Bill and made a set of preliminary recommendations to strenghten the Bill. Articles
Links
PAPUA NEW GUINEA [Go to top] Law Article 51 of the Constitution explicitly recognises the right of reasonable access to official documents, subject only to the need for such secrecy as is reasonably justifiable in a democratic society. A Draft Freedom of Information Bill was developed by civil society, but has not yet been acted upon by Government. Articles
Links
SAMOA [Go to top] Law Article 13(1) of the Constitution recognises the right to freedom of speech and expression, but there is no reference in the Constitution to the right to information. Articles To be posted. Links To be posted. SEYCHELLES [Go to top] Law Article
22(1) of the Constitution
includes freedom to seek, receive and impart ideas and information
without interference as part of the right to freedom of speech
and expression. Articles To be posted. Links To be posted. SIERRA LEONE [Go to top] Law Article 25 of the Constitution includes the freedom to receive and impart ideas and information without interference as part of the right to freedom of speech and expression. A
Freedom of Information Bill was developed by The Society for
Democratic Initiatives, Sierra Leone.This was forwarded to CHRI
for its review and comments. CHRI has made a detailed
analysis of this draft Bill and suggested areas which could
be reconsidered and reworked. Articles
Links
SINGAPORE [Go to top] Law Article
14(1) of the Constitution
recognises the right to freedom of speech and expression, but
there is no reference in the Constitution to the right to information. Articles
Links To be posted. SOLOMON ISLANDS [Go to top] Article
12 of the Constitution
includes the freedom to receive and communicate ideas and information
without interference as part of the right to freedom of expression.
Articles (2006) Solomon Islands - dissemination of information partnership MOU signed, Solomon Islands Government Press Release, 26 May. Links To be posted. SOUTH AFRICA [Go to top] Law Section 32 of the Constitution explicitly guarantees the right of access to information held by the state or held by another person if it is required for the exercise or protection of any rights. The section requires the National Legislature to enact legislation to make the right effective. Section 16 of the Constitution also includes the freedom to receive and impart information as part of the right to freedom of expression. The Promotion of Access to Information Act 2000 operationalises the constitutional right to access information. Click here for a plain language version of the Act prepared by ODAC. In 2000, an amendment to the Act was passed via the Promotion of Access to Information Act 2000. It does not appear that Rules have been passed in support of the Act. The Protected Disclosures Act 2000 was passed simultaneously with the POAI Act to protect "whistleblowers". Articles
Links
SRI LANKA [Go to top] Law Article 14(1) of the Constitution recognises the right to freedom of speech and expression, but there is no reference in the Constitution to the right to information. The
Freedom
of Information Bill 2003 proposed by civil society advocates
is currently under consideration by the government. Articles
Links ST KITTS AND NEVIS [Go to top] Law Article 12 of the Constitution includes the freedom to receive and communicate ideas and information without interference as part of the right to freedom of expression. Articles
Links To be posted. ST LUCIA [Go to top] Law Article
10 of the Constitution
includes the freedom to receive and communicate ideas and information
without interference as part of the right to freedom of expression.
Articles
Links To be posted. ST VINCENT AND THE GRENADINES [Go to top] Law Article 10 of the Constitution includes the freedom to receive and communicate ideas and information without interference as part of the right to freedom of expression. The
Freedom
of Information Act 2003 legislates for the right to access
information. The Act came into effect in 2003. Articles
Links To be posted. SWAZILAND [Go to top] Law Currently,
there is no access to information regime in place. Swaziland has
no Constitution, although a draft constitution was presented to
King Mswati in May 2003. Article 25 of the Draft Constitution
includes the freedom to receive and communicate ideas and information
without interference as part of the right to freedom of expression
and opinion. Articles
Links TANZANIA [Go to top] Law Article 18(1) of the Constitution includes the right to seek, receive and impart information as part of the right to freedom of opinion and expression. Article 18(2) guarantees every citizen the right to be informed at all times of various events in the country and in the world at large which are important to the lives and activities of people also of issues of importance to society. In late 2006 the Government released a draft Freedom of Information Bill 2006 which it intends on introducing in to Parliament in 2007. Stakeholders
responded by rejecting
the Government Bill and drafting their own alternative Stakeholder
Bill to take to Government. Articles
Links TONGA [Go to top] Law Article 7 of the Constitution guarantees the right to freedom of speech, expression and of the press, but there is no reference in the Constitution to the right to information. The Tongan Constitutional and Electoral Commission released its first Interim Report on 5 June 2009 and has called for public submissions on the issues raised in the Report by 5 July 2009. The Report will be finalised after any submissions have been considered. The Interim Report outlines electoral and constitutional issues as determined by the Commission, and includes statements highlighting the importance of transparency and accessibility of information in Tonga. An extensive public awareness campaign is planned once the Commission’s Final Report is published, with the aim of explaining and clarifying its final recommendations to everyone throughout Tonga. Articles To be posted. Links To be posted. TRINIDAD AND TOBAGO [Go to top] Law Section 4 of the Constitution guarantees a list of rights and freedoms, but there is no reference to the right to information. The
Freedom
of Information Act 1999 legislates for the right to access
information. The Act came into effect on 20 February 20, 2001.
It does not appear that Rules have been passed in support of the
Act. Articles
Links
TUVALU [Go to top] Law Article
24 of the Constitution
includes the freedom to receive and communicate ideas and information
without interference as part of the right to freedom of expression.
Articles To be posted. Links To be posted. UGANDA [Go to top] Law Article 41 of the Constitution explicitly guarantees the right to access information in possession of state or any other agency of the state. Article 41 expressly requires parliament to make a law to prescribe the procedure for providing access to information. MP
Abdu Katuntu prepared a draft
Private Members' Access to Information Bill in March 2004
which he intended to present to Parliament. On 14 April 2004,
the Ugandan Minister for Information tabled a separate government-sponsored
government-sponsored
Access to Information Bill in Parliament. Civil society activists
were not involved in the drafting process prior to tabling of
the Bill. The Ugandan
Access to Information Act 2005 was passed in 2005, received
Presidential assent on 7 July 2005 and came into operation on
20 April 2006. The President's Office has issued the Access
to Information (Commencement) Instrument 2006 notifying the
Act's commencement into force to all government departments and
agencies. Articles
Links
UNITED KINGDOM [Go to top] Law The United Kingdom has no single Constitutional document. Instead, the UK has a number of written laws, which read in conjunction with existing constitutional conventions, make up its constitutional framework. The Human Rights Act 1998 is one such law. It includes certain provision of the European Convention on Human Rights, notably article 10 that protect the right to receive and impart information. The UK courts in Reynolds v. Times Newspapers Limited and others [1999] 4 All ER 609 have held that “the common law is to be developed and applied in a manner consistent with article 10 of the European Convention for the Protection of Human Rights and Fundamental Freedoms”. England The Freedom of Information Act 2000 legislates for the right to access information. The Act came into force on January 2005. Since the Act was passed, there have been various amendments and rules passed in support of the primary legislation. Individuals
already have the right of access to information about themselves
under the Data
Protection Act 1998. The Public
Interest Disclosures Act 1998 protects individuals who make
certain disclosures of information in the public interest, namely
whistleblowers. Scotland The
Freedom
of Information (Scotland) Act 2002 legislates for access
to information held by Scottish public authorities. Wales The Welsh Code of Practice on Public Access to Information applies to information held by the national assembly for Wales, assembly-sponsored public bodies and private companies contracted by the national assembly. The Code adds to the Freedom of Information Act 2000 (UK). Bermuda (UK Overseas Territory) A discussion paper on Public Access to Information 2005 (PATI) was presented to the legislature by the Premier W. Alexander Scott. Articles
Cayman Islands (UK Overseas Territory) A draft Freedom of Information Bill was first released for public consultation in November 2005. At this time, CHRI submitted a detailed CHRI critique of the draft FOI Bill 2005 to the Government. On the 31 August 2007, the Cayman Islands’ Legislative Assembly passed a revised Freedom of Information Act 2007. The law comes into effect gradually over a fourteen month period and will be fully in force by 9 January 2009. Articles
Articles
Links
VANUATU [Go to top] Law Article 5 of the Constitution guarantees a list of rights and freedoms, but there is no reference to the right to information. In
2006, Transparency-International Vanuatu drafted a Freedom
of Information Bill 2006 for consideration by civil society
and the Government. CHRI wrote a detailed
analysis of this draft Bill and suggested areas which could
be reconsidered and reworked. Articles
Links To be posted. ZAMBIA [Go to top] Law Article 20 of the Constitution includes the freedom to receive, impart and communicate ideas and information without interference as part of the right to freedom of expression. A Freedom of Information Bill 2002 was submitted to Parliament but withdrawn in 2002, with the Government justifying the withdrawal on the basis that it wanted to consult widely on the Bill. The Bill has yet to be reintroduced to Parliament. Articles
Links To be posted. ZIMBABWE [Go to top] Law Article 20 of the Constitution includes the right to receive and impart ideas and information without interference as part of the right to freedom of expression. The
Access
to Information and Protection to Privacy Act 2002 purportedly
legislates to provide access to information. However, in reality
the Act provides only very limited provisions on access and privacy,
and the main thrust of the Act is to give the government more
powers for media censorship and control. Articles
Links
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