By Awa Sowe
Access to Information can be defined as the right to seek, receive and impart information held by public bodies. It is an integral part of the fundamental right of freedom of expression, as recognized by Article 19 of the Universal Declaration of Human Rights (1948), which states that the fundamental right of freedom of expression encompasses the freedom to “to seek, receive and impart information.
It is seen as vital for empowering all citizens, including vulnerable and excluded people, to claim their rights and entitlements. Transparency is a key principle of open government and a core foundational element of a functioning democracy. It enables citizens to exercise their voice and contribute to setting priorities, monitoring government actions and having an informed dialogue about and participating in decisions that affect their lives
In The Gambia, since 2016 various stakeholders and civil society organizations including the Gambia Press Union (GPU) had worked together to establish the Civil Society Coalition on ATI, which had launched several awareness campaigns throughout the country and held consultations with numerous institutions and lobbied members of the National Assembly to support the Bill.
Enacted in August 2021 by President Barrow, the Right of Access to Information Law allows every person and the public free access, by automatic publication or by request to all public information and documents that can no more be kept secret, with few exceptions that are listed imitatively.
Since the enactment of the Law, various stakeholders have been carrying out activities as part of the implementation of the law. Implementation framework for access to information which was developed by the Ministry of Information with support from the National Democratic Institute (NDI).
In a recent training of Government Information Officers on Access to Information Law implementation, conducted by The Gambia Press Union (GPU) with technical support from the National Democratic Institute (NDI) Modou Joof, Secretary General of GPU, highlighted the role of Information Officers in the implementation of the Access to Information Law by supporting their various institutions in the proactive disclosure of information.
In the same event, Lala Touray, Programme Officer, NDI said such training provides government information officers the standard operating procedures for the implementation of the law; such as complaint handling mechanisms and facilitating people’s access to information.
She informed that NDI has coordinated several trainings on ATI to better foster and equip government officials, Civil Society Organisations and journalists on the law and their roles in the successful implementation of the law.
“The right to access information is a key component of democracy and is closely related to other fundamental rights such as freedom of speech,” she noted.
Access to Information- The Principle of Maximum disclosure
These Principles were originally developed in 1999 and updated in 2015. They have been endorsed by the UN Special Rapporteur on Freedom of Opinion and Expression, in his report to the 2000 Session of the United Nations Commission on Human Rights (E/CN.4/2000/63), and referred to by the Commission in its 2000 Resolution on freedom of expression, as well as by his successor in 2013 in his report to the UN General Assembly in 2013 (A/68/362, 4 September 2013)
The principle of maximum disclosure establishes a presumption that all information held by public bodies should be subject to disclosure and that this presumption may be overcome only in very limited circumstances. This principle encapsulates the basic rationale underlying the very concept of the right to information in international law and ideally should be provided for in the Constitution to make it clear that access to official information is a basic right.
Ms Bintou Jaiteh, legal practitioner at Article19 West Africa, said that Public bodies have an obligation to disclose information and every member of the public has a corresponding right to receive information. Adding that, right should be available to all persons and informal and formal organizations, regardless of citizenship or residence.
She added that the exercise of this right should not require individuals to demonstrate a specific interest in the information or to explain why they wish to obtain it. She went on to explain that where a public authority seeks to deny access to information, it should bear the responsibility of justifying the refusal at each stage of the proceedings.
“In other words, the public authority must show that the information which it wishes to withhold comes within the scope of the limited regime of exceptions.It is widely recognized that governments hold information not for themselves but, rather, on behalf of the public and that, as a result, public bodies must provide access to that information,” she noted.
Access to Information
Guidelines- Specific Exemptions
All information in the possession of the State belongs to the public, with limited and qualified exceptions that must be justified by state authorities. The right to access information may be subject to limitations in accordance with the principles of legality, necessity and proportionality Restrictions based on national security reasons must also comply with these conditions.
Legal practitioner Jaiteh further highlighted that access to certain information such as private information about a third party or sensitive national security information may be refuse. Exemptions (or exceptions) allow the withholding of certain categories of information, limited exemptions mean that such withholding must be based on narrow, proportionate, necessary and clearly defined limitations.
“Exceptions should apply only where there is a risk of substantial harm to the protected interest and where the harm is greater than the overall public interest in having access to the information. Institutions should provide reasons for any refusal to provide access to information”.
Several permissible exemptions include national security, international relations, public health and safety, the prevention, investigation and prosecution of legal wrongs, privacy, legitimate commercial and other economic interests, management of the economy, fair administration of justice and legal advice privilege, conservation of the environment, legitimate policy making and other operations of public institutions.
• Record keeping/ Information Management systems
There is no value in a right to access to information if no reliable document exists. Matured Records keeping standards must be developing with information data management systems that can help users organize database files for more data control and accessibility.
According to Saikou Jammeh, the underprivileged are often marginalized and disadvantaged when it comes to access to information. An ATI law will empower them and improve their access. Once they have improved access to information, their decision making will be better, and ultimately, their lives and living conditions will improve.
“Access to information will improve the participation of the poor and marginalized in national affairs,” he noted.
He added that corruption, inefficiency, abuse of office, nepotism, all thrive in secrecy. He went on to explain that Access to Information Law will remove the veil of secrecy in government decision making processes. This will help address corruption. For example, citizens/beneficiary communities can make requests for bank statements, project documents, vouchers the list goes on.
He concluded that government must create the right conditions for successful implementation. Which includes improving data/information management systems, building capacities and competencies, and more crucially, adhering to the dictates of the law; but that there can be no successful implementation without an active civil society and empowered citizens.
Access to information is critical for enabling citizens to exercise their voice, to effectively monitor and hold government to account, and to enter into informed dialogue about decisions which affect their lives. It is seen as vital for empowering all citizens, including vulnerable and excluded people, to claim their rights and entitlements. But the potential contribution to good governance of access to information lies in both the willingness of government to be transparent, as well as the ability of citizens to demand and use information
