Somalia; 30th , July 2024
In light of recent developments concerning Somalia’s Draft Official Information Bill, the Africa Freedom of Information Centre (AFIC), the largest pan-African, membership-based civil society organisation and resource centre promoting the right of access to information, transparency and accountability across the African Continent welcomes government’s efforts to enhance transparency and accountability within public governance and responding positively to the AFIC-NUSOJ joint appeal last year to urgently adopt an access to information law for a more informed, empowered and engaged citizens.
The draft bill represents a significant step towards fulfilling Somalia’s obligations under the African Charter on Human and Peoples’ Rights and the Model Law on Access to Information for African Union Member States. It is essential that the Bill aligns with the spirit and letter of these instruments, ensuring that the right to information is accessible to all citizens, regardless of nationality, gender, or age.
We are encouraged by several commendable provisions within the draft bill, particularly:
Inclusion of all Public Bodies: The scope outlined in Article 5 encompasses all public bodies and relevant private entities, reflecting a comprehensive approach to information access.
Proactive Disclosure: Article 8 emphasizes proactive information sharing without the need for people to request for information, crucial for fostering transparency.
Timely Access and Appeals Process: We support the stipulations for timely access to information and the proposed timeline for appeals, provided given that they align with international best practices.
However, the following areas require urgent strengthening to ensure the Bill fully embodies the principles of transparency and accountability, crucial for a democratic society.
Objectives of the Law: The objectives should emphasize the right to informed and empowered citizens, accountability of authorities, and promotion of transparency, aligning with the Model Law.
Accessibility for All: Article 9 should extend the right to information universally, allowing all individuals to access information without discrimination.
Enhancing Appeal Provisions: Current appeal processes need to include internal agency procedures, an external administrative body (e.g., an Information Commission), and court access, ensuring that citizens can obtain effective remedies against denial of information.
Accountability in Reporting: Articles regarding annual reports should specify that action must be taken on these reports by recipients within a defined timeframe.
Clarity on Exemptions and Protections: Provisions around exemptions and protection of information must be carefully aligned with international standards, particularly Article 19 of the International Covenant on Civil and Political Rights which provide that limitations of access shall be provided for under the law and necessary: (a) for respect of the rights or reputations of others, (b) for the protection of national security or of public order (order public), or of public health or morals.
We urge Somalia’s Parliament and the Government to urgently prioritize the ongoing refinement of the Draft Official Information Bill to accurately reflect the aspirations of the Somali populace for transparency and accountability.
As Somalia moves forward, we urge you to consider our recommendations seriously. We are hopeful that Parliament will facilitate the timely and improved passage of this vital Bill, to empower Somali citizens with the right to access information—a cornerstone of democratic governance and a critical instrument for social accountability.
For media inquiries or further information, please contact: Gilbert Sendugwa Email: [email protected]
