The right of access to information, is an indispensible right that is critical to the enjoyment of other fundamental human rights.
It is enshrined in a number of regional and international instruments which Zimbabwe is a signatory or state party to. These include the Universal Declaration of Human Rights, the International Covenant on Civil and Political Rights, the African Charter on human and people’s rights and the Declaration of Principles of Freedom of Expression in Africa. [Banjul Declaration].
Drawing and elaborating on these instruments, various declarations outlining key principles for modelling access to information laws have been adopted and or noted by the African Union and various continental bodies, such as the Banjul Declaration and the African Platform on Access to Information Declaration.
As such, Zimbabwe should accordingly be bound and guided by these principles when undertaking the envisaged legislative reforms that will guarantee and protect citizens’ right of access to information and other fundamental human rights and freedoms as provided for in the Constitution. The principles are as follows:
 Fundamental Right Accessible to everyone
In accordance with Article 9 of the African Charter, access to information is open to everyone and it is not required that one should demonstrate a specific legal or personal interest in the information requested or be required to provide justification for seeking that information.
 The right applies to Public as well as Private bodies
The obligations of access to information shall apply to all public bodies as well as to private bodies that for example, are owned or controlled by the government, that utilise public funds or provide services on behalf of public institutions.
 Right of Appeal
Everyone has a right to appeal administratively any action that hinders or denies access to information or any failure to proactively disclose information. The appeal shall be made to an independent body and/or the courts.
 Protection of Whistleblowers
To ensure free-flow of information in the public interest, adequate protections against legal, administrative and employment-related sanctions should be provided for those who disclose information on wrong doing and other information in the public interest.
 Established in Law
The right of access to information shall be established by law in each African country. Such law shall be binding and enforceable and based on the principle of maximum-disclosure.
 Right to Personal Data
Everyone has the right to access and update or otherwise correct their personal information, whether it is held by public or by private bodies.
 Maximum Disclosure
This principle establishes a presumption that all information held by public bodies should be subject to disclosure and that this presumption may be overcome only in very limited and specified circumstances.
 Obligation to Publish Information
Public and relevant private bodies shall be obliged to proactively release information in a timely manner, for example information about their functions, powers, structures, officials and decisions, through use of all reasonable means of communications.
 Limited scope of exemptions
The right of access to information should only be limited by provisions expressly provided for in the law which are clearly and narrowly drawn. Non-disclosure of information must be justified on a case-by-case basis.
 Clear and unambiguous process to facilitate access
The law should outline procedures for the exercise of this right. The process should be simple and fast, with the information being availed in a form understandable to the requester.
 Costs
The cost of gaining access to information held by public bodies should not be so high as to deter potential applicants given that the whole rationale behind freedom of information laws is to promote open access to information.
 Language and Accessibility.
To the greatest extent possible, information should be available in the language of the person seeking it, in an accessible location, in a format that is as accessible as possible, and, in particular, it should be accessible to those who may be particularly affected by the subject matter of the information.
 Oversight Bodies.
Independent bodies such as an ombudsperson or information commissioner should be established to monitor and hold government bodies and relevant private entities to account on their access to information disclosure practices, to receive and decide upon complaints, and generally oversee the implementation of the access to information legislation.
 Duty to Collect and Manage Information.
Public and relevant private bodies have a duty to collect information on their operations and activities on behalf of their citizens. They also have a duty to respect minimum standards in relation to the management of this information to ensure that it is easily accessible to citizens.
 Duty to Fully Implement.
Public and relevant private bodies have an obligation to ensure the law is fully implemented. This includes internal procedures and processes and the designation of responsible officials.
Post published in: News