Deferring Citizens' “Right to Know” in an Information Age (original) (raw)
Related papers
The International Information & Library Review, 2005
With Peter G. Underwood. In this paper, we use the example of post-apartheid South Africa since 1994 as a case study, with US experience as a point of reference, to begin a modest deconstruction of some of the nomothetic assumptions implicit in general freedom of information (FoI) discourse. Using the Roberts–Snell model to analyze South African levels of administrative compliance with FoI legislation, we conclude that a lack of capacity and some deliberate evasion have combined to produce poor performance levels in the first years. Turning to low public demand, we examine language and discourse problems arising from the extreme diversity of South African society and the status domination of English, a minority language. In conclusion, we argue that although FoI may or may not be a genuine human rights issue in the strict sense, there is little doubt that unless FoI practices are articulated with other civil and human rights, societal change may be a long time coming.
The Right to Know campaign: A civil society movement in South Africa
The Right to Know (R2K) campaign launched in August 2010 in Cape Town, South Africa consists of about 400 civil society organizations, social movements and community groups. They have formed a coalition movement to vehemently oppose this bill from being passed into law, both politically and legally. Their purpose is to make sure that the freedoms enshrined in the democracy are upheld by protecting the free access of information through the Promotion of Access to information Act (PAIA). The R2K campaign organized a summit during the 15-17 March 2013 to assess its own achievements so far and the challenges that lie ahead. The R2K is willing to take legal action against the state, the minister of state security, and the state security Agency by appealing to the constitutional court. Moreover, the campaign is also raising awareness throughout South Africa about the threat to civil freedom of expression and free and diverse media. The campaign also attempts to challenge the National Key Points Act. The National Key Points Act protects certain areas in the state from the public domain. If any person were found on this ground they will be prosecuted. However, the locations of these key areas are unknown to the public. There is still a long fight ahead for this campaign yet time is running out. Jacob Zuma will have the final say in the future of South Africa when he decides whether or not to sign this bill into law. My hypothesis states that the R2K campaign will be successful due to the fundamental principles it is based on and the backing of the South African constitution. The R2K along with trade Unions, opposition parties, media and others have created a powerful force that transcends language, race and colour and have united against the infringement of their rights and freedoms. The ANC government have been disillusioned into thinking that the bill has a constitutional bases. The following question I endeavor to answer is what are the strategies the campaign is using to promote their cause and what are the most effective mechanisms they can use in order to prohibit the secrecy bill from becoming law. This paper is written from a liberal perspective with the focus on Human rights. It will discuss the role of the civil society movement in influencing decision-making at the national level and the strategies that they have taken to put pressure on the government to act in the people’s interest.
Institutional Framework on the Right to Information in Selected Jurisdictions
Beijing Law Review
Knowledge thrives on access to information. Recognizing this, the United Nations in 1945 adopted the Freedom of Information as a fundamental human right to which it is consecrated. Till date, 119 countries have enacted laws promoting access to information. However, the guarantee of the right to know goes beyond the passing of legislation to the establishment of capable implementing and enforcing institutions with clearly defined responsibilities to ensure that the laws are put into practice. This paper explores the institutional framework on the right to information in some jurisdictions-Nigeria, South Africa, Mexico and Hungary. It examines the implementing and enforcement models established in these jurisdictions. It finds that though each model has its advantages and disadvantages, the rate of success in the jurisdictions is largely influenced by local circumstances. It recommends that jurisdictions that are not making much progress in their enforcement efforts should reevaluate their design and make necessary adjustments, fully taking local circumstances and what works and what does not work for them into consideration; essentially the best practices.
Politics of freedom of information in Africa
1995
In the 1990s, resulting from another round of undeclared wind of changes, modestly but differently comparable to that of 1960s, calls for freedom of information are steadily gaining currency in African socio− political landscape. These long overdue changes are overt manifestation of internal and external circumstances. Internally, quests for fair and just politico− economic systems were what underlay endless conflicts, riots, uprisings, coups d'état, and even so− called socialist revolutions across Africa.
Compliance with freedom of information legislation by public bodies in South Africa
Government Information Quarterly, 2021
In South Africa, freedom of information (FOI) or the right of access to information (ATI) is entrenched in section 32 of the Constitution. Section 32 guarantees every citizen the right of access to any information held by the state or held by any other person that is to be used for the protection or exercise of any right. The Promotion of Access to Information Act (PAIA) is the law that gives effect to section 32 of the Constitution. Regardless of a remarkable trend towards the adoption of FOI laws globally, international trends have shown this does not automatically translate into fulfilment of people's right to information, as access to information by citizens remains a challenging factor. This study utilised mixed method research through the explanatory sequential design to assess compliance with FOI legislation by public bodies in South Africa with the view to ensure transparency, accountability and good governance. In this regard, the study first conducted a quantitative study by analysing the reports of the South African Human Rights Commission from the reporting years 2006/07 to 2016/07 to assess compliance with sections 14, 17 and 32 of the PAIA. The compliance trends were identified and thereafter a qualitative study was conducted to answer the question why the situation was the way it was. In this regard, interviews were conducted with a purposively chosen sample from complying and non-complying public bodies. The targeted participants were records managers, deputy information officers or officials responsible for PAIA in each chosen public body. The mixing strategy for the current study was at the data analysis, presentation and reporting level. Key results suggest that over the years, there were problems in the implementation of the FOI legislation in South Africa and its use was limited. Where implementation has taken place, it has been partial and inconsistent. The responsibility for implementation of FOI legislation in most public bodies is assigned to legal departments that do not have knowledge of what records are created, where and how they are kept. With regard to compliance, in terms of the degree of comparison, the situation was better in national departments, worse in provincial departments (with full compliance from the Free State, Limpopo, Western Cape and, to some extent, KwaZulu-Natal) and worst in municipalities. The study recommends the establishment of an information governance unit to implement FOI in public bodies. This unit will also be responsible for other information functions such as records management and information technology. Failure to assign responsibility to a relevant unit would perpetuate the non-compliance with FOI legislation in South Africa. As a result, accountability, transparency and good governance preached by the public sector to advance democracy in South Africa would be a mirage. A model for the implementation of PAIA within a public body is suggested.
Freedom of Information Law and Good Governance
Springer eBooks, 2022
Freedom of Information Law and Good Governance "The absence of the right to know is intrinsically linked to the political economy of (under) development that continues to generate mass poverty for Africa's teeming inhabitants. A functional/workable freedom of information act could provide a solid bulwark to corruption, authoritarian regimes and underdevelopment. Here is the compelling voice of a committed scholar-activist-a key participant in the conception and delivery of the RTAI act in Sierra Leone. His passionate intervention, speaking truth to power, should be read by anyone interested in progressive change in Africa-and that should include all of us.