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

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Working Group FourRegional 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.
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• 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?

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• 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.

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• 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 Rights
• The 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 Peoples 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

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• 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.

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• Recommendations Action Points
• REGIONAL AND INTERNATIONAL ORGANIZATIONS
• 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
• 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.

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• Recommendations Action Points
• NON-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 UNESCOs 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.