Access To Information In Africa

For a long time, Africa has 'lagged' behind global advances in transparency, but there are now significant developments on the continent. In a ground-breaking book, Access to Information in Africa brings together for the first time a collection of African academics and practitioners to contribute to the fast-growing body of scholarship that is now accumulating internationally. This is therefore an African account of progress made and setbacks suffered, but also an account of challenges and obstacles that confront both policy-makers and practitioners. These challenges must be overcome if greater public access to information is to make a distinctive, positive contribution to the continent’s democratic and socio-economic future. This book offers a necessarily multi-dimensional perspective on the state of ATI in African jurisdictions and the emerging, new praxis - a praxis that will entail a genuine domestication of the right of access to information on the continent.

"This book is a result of an international and interdisciplinary research project known as the African Copyright and Access to Knowledge (ACA2K) project"--Acknowledgments.

Model Law on Access to Information for Africa and other regional instruments: Soft law and human rights in Africa Edited by Ololade Shyllon 2018 ISBN: 978-1-920538-87-3 Pages: 255 Print version: Available Electronic version: Free PDF available About the publication The adoption in 2013 of the Model Law on Access to Information for Africa by the African Commission on Human and Peoples’ Rights is an important landmark in the increasing elaboration of human rights-related soft law standards in Africa. Although non-binding, the Model Law significantly influenced the access to information landscape on the continent. Since the adoption of the Model Law, the Commission adopted several General Comments. The AU similarly adopted Model Laws such as the African Union Model Law on Internally Displaced Persons in Addressing Internal Displacement in Africa. This collection of essays inquires into the role and impact of soft law standards within the African human rights system and the AU generally. It assesses the extent to which these standards induced compliance, and identifies factors that contribute to generating such compliance. This book is a collection of papers presented at a conference organised by the Centre for Human Rights, University of Pretoria, with the financial support of the government of Norway, through the Royal Norwegian Embassy in Pretoria. Following the conference, the papers were reviewed and reworked. Table of Contents Acknowledgments Preface Contributors Abbreviations and acronyms PART I: THE MODEL LAW AND ITS INFLUENCE ON ACCESS TO INFORMATION IN AFRICA Introduction Ololade Shyllon The impact of the Model Law on Access to Information for Africa Fola Adeleke Implementing a Model Law on Access to Information in Africa: Lessons from the Americas Marianna Belalba and Alan Sears The implementation of the constitutional right of access to information in Africa: Opportunities and challenges Ololade Shyllon PART II: COUNTRY STUDIES The Model Law on Access to Information for Africa and the struggle for the review and passage of the Ghanaian Right to Information Bill of 2013 Ugonna Ukaigwe The impact of the Model Law on Access to Information for Africa on Kenya’s Access to Information framework Anne Nderi The Sudanese Access to Information Act 2015: A step forward? Ali Abdelrahman Ali Compliance through decoration: Access to information in Zimbabwe Nhlanhla Ngwenya PART III: INFLUENCE OF SOFT LAW WITHIN THE AFRICAN HUMAN RIGHTS SYSTEM Soft law and legitimacy in the African Union: The case of the Pretoria Principles on Ending Mass Atrocities Pursuant to Article 4(h) of the AU Constitutive Act Busingye Kabumba The incorporation of the thematic resolutions of the African Commission into the domestic laws of African countries Japhet Biegon General Comment 1 of the African Commission of the African Commission on Human and Peoples’ Rights: A source of norms and standard setting on sexual and reproductive health and rights Ebenezer Durojaye The African Union Model Law on Internally Displaced Persons: A critique Romola Adeola Selected bibliography

With more than 100 right to information (RTI) laws—also called freedom of information or access to information laws—now in place globally, the groundwork has been laid to advance more transparent, accountable, and inclusive governance as a pathway to poverty reduction and economic development. This guide explores the historical development of RTI laws, the factors that drive passage and effective implementation of these laws, the operation of the laws, and the impact of these laws in different country contexts and sectors, as well as the challenges of measuring the contribution of RTI laws to development outcomes. Public Access to Information for Development: A Guide to the Effective Implementation of Right to Information Laws is based on two years of research studying how RTI has been implemented in countries in different regions and with varying income levels. The research has aimed to develop a theoretical framework by which to identify the drivers of effective implementation of RTI laws and to support measurement of effective implementation; the outcomes are discussed. This guide grapples with questions such as the following: • What does it mean to have effectively implemented an RTI law? • What aspects of a law have to be operational before it can be said to have been effectively implemented? • What other factors are most critical to the effective implementation of RTI laws? • Why does effective implementation of RTI matter?

At the very start of South Africa's constitutional democracy, openness and transparency had a special place. Reacting against the secrecy of apartheid, the veils would be lifted in a newly open society. And indeed South Africa's access to information law--the Promotion of Access to Information Act, a direct result of the constitutional negotiations--is without parallel in the world. But bureaucracies and their cultures do not change easily. Habits of secrecy die hard and perhaps hardest where institutional capacity is low and organizational resources are scarce. Working against such obstacles, a few valiant organi-zations including the South African History Archive (SAHA) have been working to push back the entrenched modes of secrecy and instantiate the realm of open democracy. This book, edited by Kate Allan, tells and reflects upon that story. Drawing on the experience of SAHA, the chapters of Paper Wars will be the place to start for any serious scholar or dedicated activist seeking to understand the experience and place of South Africa in the global diffusion of freedom of information regimes. Despite having the law on their side, this book details the difficulties the information activists and requesters have encountered as they have attempted to put South Africa's constitutional right of access to information into practice. Containing essays and case studies, the volume will stand as the record of the initial implementation (or lack thereof) of South Africa's right to know law.