[Draft v 2.0g 22 July 2011]

Preamble

We, participants at the Pan African Conference on Access to Information in Africa organized by the Windhoek+20 Campaign on Access to Information in Africa in partnership with the United Nations Educational, Scientific and Cultural Organization (UNESCO) and the African Union Commission (AUC), in Cape Town, South Africa, September 17 – 19, 2011:

Stating that access to information (ATI) is the right of all natural and legal persons to seek, access and obtain information from public bodies and private bodies acting in a public nature;

Emphasising that access to information is a fundamental human right essential for the recognition and achievement of every person’s human rights and socio-economic rights, and as a mechanism to promote democratic accountability, good governance, access to health care, a clean environment, sustainable development and fight corruption;

Recalling Article 19 of the Universal Declaration of Human Rights of 10 December 1948, which guarantees that: “Everyone has the right to freedom of opinion and expression; this right includes freedom to hold opinions without interference and to seek, receive and impart information and ideas through any media and regardless of frontiers;

Stressing Article 9 of the African Charter on Human and Peoples’ Rights adopted by the Organization of African Unity (OAU) on 27 June 1981, which provides that, “Every individual shall have the right to receive information”;

Reaffirming Article IV(1) of the Declaration of Principles on Freedom of Expression in Africa, adopted by the African Commission on Human and Peoples’ Rights at its 32nd Ordinary Session held in October 2002, which provides that “Public bodies hold information not for themselves but as custodians of the public good and everyone has a right to access this information, subject only to clearly defined rules established by law”;

Underscoring Article 9 of the African Union Convention on Preventing and Combating Corruption, adopted on 11 July 2003, which states that “Each State Party shall adopt such legislative and other measures to give effect to the right of access to any information that is required to assist in the fight against corruption and related offences” and Article 12 which requires nations to engage with civil society and the media to promote transparency and provide information to the media relating to corruption;

Remembering the African Charter on Democracy, Elections and Governance, adopted on 30 January 2007, whose objective, according to Article 2(10), includes to: “Promote the establishment of the necessary conditions to foster citizen participation, transparency, access to information, freedom of the press and accountability in the management of public affairs”;

Cognisant of the African Charter on Values and Principles of Public Service and Administration, adopted on 31 January 2011, which in Article 6 provides inter alia that public service and administration shall establish effective communication systems and processes to inform the public about service delivery, to enhance access to information by users, as well as to receive their feedback and inputs;

Encouraged by the efforts of the African Commission on Human and Peoples’ Rights Special Rapporteur on Freedom of Expression and Access to Information in developing a Model Law for AU Member States on Access to Information aimed at assisting Member States in formulating, adopting or reviewing access to information legislation and its implementation;

Mindful of the efforts of international organisations and others to develop principles and declarations on the right of access to information and freedom of expression including the 2010 UNESCO Brisbane Declaration “Freedom of Information: The Right to Know”, the Atlanta Declaration and Plan of Action for the Advancement of the Right of Access to Information, the Accra Agenda for Action, the African Regional Findings and Plan of Action for the Advancement of the Right of Access to Information, the Lagos Declaration on the Right of Access to Information, the Johannesburg Principles on National Security, Freedom of Expression and Access to Information, and the Declaration of Table Mountain;

Aware that the World Summit on the Information Society (WSIS) brought to the forefront the importance of access to information in the modern world and that the Internet Governance Forum (IGF) has played a crucial role in bringing together all of the stakeholders to facilitate knowledge sharing and policy development;

Recalling the 1991 Windhoek Declaration on Promoting an Independent and Pluralistic African Press and viewing the significant progress that has been made in the past twenty years on freedom of expression, access to information and the free flow of information; that over 90 countries around the world have adopted comprehensive access to information laws or regulations; that many countries in Africa have joined the Extractive Industries Transparency Initiative; and that ECOWAS is moving towards adoption of a binding Supplementary Act for a Uniform Legal Framework on Freedom of Expression and Right to Information; but remain concerned that only nine African nations have adopted comprehensive ATI laws or regulations and many problems remain with both the substantive provisions on many of those laws and implementation in those nations;

Convinced that it is of critical importance that clear and comprehensive principles are established to guide the promotion and protection of the right of access to information in Africa through the adoption and effective implementation of appropriate national laws and regulations.

Resolve to adopt this new Declaration, drawing from and elaborating upon the statements referred to above, and which shall be known as the African Platform on Access to Information.

African Platform on Access to Information

1. Fundamental Right Accessible to Everyone. Access to information is a fundamental human right, in accordance with Article 9 of the African Charter on Human and Peoples’ Rights. It is open to everyone, and no one should be privileged or prejudiced in the exercise of this right on account of belonging to a class or group howsoever defined. It should expressly not be required that anyone has to demonstrate a specific legal or personal interest in the information requested or sought or otherwise required to provide justification for seeking access to the information.

2. Established in Law. The right of access to information should be established by law in each country. Such law should be binding and enforceable and based on the principle of maximum disclosure. The law should take precedence over other conflicting laws which limit access to information.

3. Applies to Public Bodies and Private Bodies. The obligations of ATI should apply to all public bodies, and to private bodies utilizing public funds, performing public functions, providing public services, or being in possession of information which is of significant public interest or which affects any person’s rights.

4. Clear Process. The law should include procedures for the exercise of the right. The process to obtain information should be easy, quick and at low or no cost and should take advantage of new information and communication technologies where possible. Bodies should provide assistance to requesters in order to ensure that they receive the information they need. The information provided should be in a form understandable to the requestor.

5. Obligation to Publish Information. Public and private bodies should to obliged to proactively release information about their functions, powers, structures, officials, decisions, expenditures, and other information relating to the activities of the bodies which is of public interest. The dissemination should use all reasonable means of communications, including ICTs to maximize access to all communities and sectors of society.

6. Limited Exemptions. The right of access to information should only be limited by provisions expressly provided for in the law. Those exemptions should be strictly defined and the withholding of information should only be allowed if the body can demonstrate that there would be a significant harm if the information is released and that the public interest in withholding the information is clearly shown to be greater than the interest in disclosure. Information can only be withheld for the period that the harm would occur. No information relating to human rights abuses, corruption, or about imminent dangers to public health or safety should be withheld.

7. Right of Appeal. Everyone should have a right to appeal administratively any refusals of access to information requests and to further appeal to an independent body and to seek judicial review of all denials of their right of access to information.

8. Duty to Collect and Manage Information. Public and private bodies have a duty to collect and manage information on their operations and activities on behalf of their citizens. This includes procedures for ensuring that the information is easily accessible.

9. Duty to Fully Implement. Public and private bodies have an obligation to ensure the law is fully implemented. This includes internal procedures and processes and the designation of responsible officials. An independent body such as an ombudsman or commissioner should be established to monitor and ensure implementation.

10. Aid Transparency. All information relating to development assistance including grants, loans and transfers to public and private bodies and the use and effects of that assistance should be made fully public in a proactive manner.

11. Natural Resources Transparency. Governments should publish all information including agreements and revenues relating to extractive industries, fisheries, forests and other natural resources. Private bodies which are exploiting natural resources should be required to disclose terms of agreements and payments made to governments based on the principles developed by the Extractive Industries Transparency Initiative (EITI).

12. Access to Information and Communications Technologies. Governments have an obligation to ensure that all persons have adequate access to information and communications technologies, especially poor and rural communities.

13. Media and Information Literacy. Governments, civil society and the media have an obligation to promote media and information literacy, to assist individuals and communities to ensure that all members of society can understand and take advantage of new technologies, and to be able to participate intelligently and actively in public matters and enforce their right of access to information.

14. Enabling Environment for Media and Civil Society. Governments should ensure that the legal frameworks fully create an enabling environment for civil society organisations and the media to be able to fully enjoy access to information, and active participation by all, in particular people living in poverty and those discriminated against, or marginalised.

15. Disadvantaged Communities. Governments have a further obligation to ensure that information is provided to disadvantaged communities including minority groups and minority language speakers, women, rural people, the poor and disabled. They have an obligation to ensure equitable and affordable access to ICTs for the disabled and for other disadvantaged persons.

The Conference Calls On:

UNESCO to:
• Endorse the proceeding principles;
• Further refer the principles to the UN General Assembly (or UNESCO General Council) for adoption as a resolution;
• Request the UNESCO General Council to declare 28 September of every year as a day to be observed as the “World Access to Information Day” to raise awareness about the importance of the right of access to information throughout the world.

The African Union and its Associated Bodies:
• The African Commission on Human and Peoples’ Rights to endorse this Declaration and to promote 28 September as African Access to Information Day;
• The African Commission on Human and Peoples’ Rights to complete and approve the proposed Africa Model Law for AU Member States on Access to Information;
• The African Union Commission to take forward this Declaration by (1) proposing to next AU summit in January to adopt an African “Access to Information Day”; and (2) initiate an Experts Group to develop an instrument on access to information;
• Pan-African Parliament to endorse the Declaration;
• All AU bodies to promote the principles in this Declaration to national governments and provide assistance in implementing them;
• The New Partnership for African Development (NEPAD) to revise the African Peer Review Mechanism (APRM) criteria to include transparency and access to information in conformity with this Declaration;
• All AU bodies to develop and implement internal policies on access to information, based on this Declaration;
• The African Development Bank to adopt a revised public access policy based on the principles and the standards set out by the Global Transparency Initiative.

Other African Economic Communities (RECs)
• ECOWAS to review and adopt the Supplementary Act for a Uniform Legal Framework on Freedom of Expression and Right to Information in West Africa;
• SADC to revise Protocol on Culture, Information and Sport to include principles on access to information;
• EAC to adopt Protocol on access to information based on this Declaration;
• All RECs to develop internal policies on access to information based on this Declaration;

National Governments to:
• Adopt comprehensive laws on access to information in line with the principles and the AU Model Law and fully implement them;
• Harmonize legal frameworks to ensure access to information including repealing or reforming antiquated laws which restrict access;
• Engage with civil society and other stakeholders in implementation;
• Join multi-stakeholder efforts on transparency;
• Promote availability of public domain information through ICTs and public access to ICTs;
• Support AU efforts to adopt instrument on access to information;
• Officially recognize 28 September as International and African “Access to Information Day”;

Civil Society to:
• Engage with governments in developing, enhancing and implementing ATI laws
• Monitor progress on implementation of ATI laws;
• Create awareness on ATI and provide assistance to the public on access;
• Ensure that their activities are transparent; Promote September 28 as African and International Access to Information Day and, in particular, carry out activities on September 28 of every year aimed at advancing the recognition, awareness and enjoyment of the right of access to information by all sectors of the society;

Corporations to:
• Join multi-stakeholder initiatives promoting transparency including Extractive Industries Transparency Initiative (EITI), the Construction Sector Transparency Initiative (CoST) and the Medicines Transparency Alliance (MeTA);
• Adopt corporate and social responsibility (CSR) policies which promote transparency and accountability, including access to information and protection of whistleblowers;
• Proactively disclose information of public interest including pollution releases and other environmental issues;
• Support government and CSO efforts to improve access to information in society;
Public and Private Donors to:
• Ensure that all information relating to the use of development assistance and its effects are made public;
• Ensure that all information relating to development assistance is made available in conformity with the IATI standards;
• Encourage and support governments to adopt access to information laws and policies and fully implement them;
• Support civil society efforts to promote access to information.