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
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Discussed challenges of present regional frameworks and the benefits
and drawbacks of a regional convention on access to information.
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Contemplated potential multi-stakeholder initiatives to generate
consensus around and push for regional norms on access to information.
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Outlined actions for stakeholders to promote better access to information
practices, standards and models.
Regional Findings
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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’ Rights
The Declaration of Principles on Freedom of Expression,
The Charter on Democracy, Elections and Governance,
The AU Convention Against Corruption, and others
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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 will
Insufficient guidelines, procedures and legal practices
No effective provisions for implementation and enforcement
Association with freedom of expression detracts from the importance of ATI as a right in its own
None sufficiently dedicate themselves to FOI
No focus on the private sector
Absence of effective demand
Regional Findings
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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 multistakeholder 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 Points
REGIONAL AND INTERNATIONAL ORGANIZATIONS:
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Norms, standards and guidelines must be established by regional bodies to facilitate:
Bench-marking
Establishment of effective enforcement mechanisms at national level
Monitoring of compliance
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NEPAD should incorporate a review of ATI in the African Peer Review Mechanism.
African Union should increase transparency through a comprehensive disclosure
policy.
STATES:
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States should fulfill existing constitutional provisions for the right to information by
enacting comprehensive legislation.
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States should repeal official secrets laws that are inconsistent with the principles
contained with the Declaration of Principles on Freedom of Expression.
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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 Points
NON-STATE ACTORS:
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Analyze existing relevant regional Charters, Declarations, Protocols, Conventions
and other instruments to determine their scope, application and limitations.
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Map the scope of work being done on access to information on the continent.
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Requests for information should be supported by litigation at the national and
regional level.
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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.
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Donors should support the right by providing capacity-building for parliamentarians.
ALL ACTORS:
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Undertake greater documentation of the freedom of information context in Africa.
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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:
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Creation of a continental movement until 2011 UNESCO event
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Working toward a declaration on ATI in Africa, leading to a regional instrument
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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.