Working Group Four

Regional Norm-building: considering regional instruments and standards

In light of the existing regional instruments, this group considered the necessity and advisability of a regional convention or treaty in Africa to establish norms

on the right to information. The group examined the deficits of existing mechanisms, as well as the political challenges of enforcing and domesticating them. Finally, the group considered how multi-stakeholder platforms can create

momentum on the issue and serve as advocacy tools for change.

Issue Statement

The impact of existing regional legal frameworks on the right of access to information is unclear.

What can be done to improve upon the existing framework? Should additional mechanisms be pursued?

What are the alternatives to such legal frameworks?

Main Discussion & Considerations

Discussed challenges of present regional frameworks and the benefits and drawbacks of a regional convention on access to information.

Contemplated potential multi-stakeholder initiatives to generate consensus around and push for regional norms on access to information.

Outlined actions for stakeholders to promote better access to information practices, standards and models.

Regional Findings The African continent has accepted international legal obligations by adopting regional

instruments that establish the right of access to information such as: Article 9 of the African Charter on Human & Peoples’ RightsThe Declaration of Principles on Freedom of Expression, The Charter on Democracy, Elections and Governance, The AU Convention Against Corruption, and others

African Commission on Human and People’s Rights expanded the mandate of the Special Rapporteur on Freedom of Expression to include Access to Information.

Some African states have adopted national constitutions and/or statutory frameworks that provide for the exercise of the right.

Despite this enabling framework, there is little evidence that these instruments have had impact or been effective in moving African states and advancing the right.

These instruments have been insufficient due to the following factors:Lack of political willInsufficient guidelines, procedures and legal practices No effective provisions for implementation and enforcementAssociation with freedom of expression detracts from the importance of ATI as a right in its ownNone sufficiently dedicate themselves to FOINo focus on the private sectorAbsence of effective demand

Regional Findings There are apparent gaps in the existing regional Charters, Declarations,

Protocols, Conventions and other relevant instruments.  However, it is impossible to determine at this time what additional instruments may be required until a systematic analysis of these documents has been conducted.

There is a need to initiate processes that will create interest for multi-stakeholder groups to consider a platform for countries to invest in a regional interest in ATI.

Political will must be cultivated both from those who govern and those who are governed, and so there must be creation of public awareness campaigns to encourage people to claim their right of access to information.

Parliaments have not been sufficiently engaged on the issue. There is a need to engage with the potential champions of access to

information such as national anti-corruption and human rights bodies. Public interest litigation is an important tool that has been under-utilized.

Recommendations & Action PointsREGIONAL AND INTERNATIONAL ORGANIZATIONS: Norms, standards and guidelines must be established by regional bodies to facilitate:

Bench-markingEstablishment of effective enforcement mechanisms at national level Monitoring of compliance

NEPAD should incorporate a review of ATI in the African Peer Review Mechanism. African Union should increase transparency through a comprehensive disclosure

policy.

STATES: States should fulfill existing constitutional provisions for the right to information by

enacting comprehensive legislation. States should repeal official secrets laws that are inconsistent with the principles

contained with the Declaration of Principles on Freedom of Expression. Parliamentarians must disseminate knowledge of the right of access to information

through civil society partnerships in order to raise awareness about the right to the community level.

Recommendations & Action PointsNON-STATE ACTORS: Analyze existing relevant regional Charters, Declarations, Protocols, Conventions

and other instruments to determine their scope, application and limitations. Map the scope of work being done on access to information on the continent. Requests for information should be supported by litigation at the national and

regional level. Access to information is understood to be about press freedom, there is a need to

conduct public awareness programs to change the mindset of people. Donors should support the right by providing capacity-building for parliamentarians.

ALL ACTORS: Undertake greater documentation of the freedom of information context in Africa. Support the African Platform for Access To Information for UNESCO’s 2011 in

commemoration of the 20 years or the Windhoek Principles. This will include: Creation of a continental movement until 2011 UNESCO event Working toward a declaration on ATI in Africa, leading to a regional instrument

A Council of Africa on Access to Information, a multi-stakeholder panel of experts, should be convened to advise on establishing norms and standards on ATI.