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Right to Information: International |
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Member States' Laws & Papers Only 13 out of 53 of the Commonwealth's member states have freedom of information legislations: Antigua & Barbuda, Australia, Belize, Canada, India, Jamaica, New Zealand, Pakistan (although only an Ordinance, not an Act, has been passed) South Africa, St Vincent and the Grenadines, Trinidad & Tobago, Uganda and United Kingdom. A number of Commonwealth countries protect the right to information in the Constitutions, but only a handful have actually operationalised these principles through legislation." Comparative Tables comparing key provisions in the 13 right to information laws in the Commonwealth Click on the links below to view legislation, papers and links for each country
Constitutional protection of the right: Although many constitutions include the right to information as part of the formulation of the right to freedom of opinion or freedom of speech and expression, only a few provide an explicit, separate guaranteed right to information. Legislative protection of the right: Some of the constitutional guarantees of the right to information impose a definite obligation on the national legislature to enact a law to enforce and implement the right (for example, South Africa). Legislation is necessary to practically operationalise the right. Without legislation, the limits on the right are unclear such that citizens will most likely need to go to court to determine the extent of their right. ANTIGUA AND BARBUDA [Go to top] Law Article 12 of the Constitution includes the freedom to receive information and disseminate the information within the ambit of freedom of expression. In
a speech on May 23, 2004 Prime Minister Baldwin Spencer announced
that his administration was drafting Freedom of Information Legislation
for public consultation. Subseqeuently, the Freedom
of Information Act 2004 was passed." Articles
Links To be posted. AUSTRALIA [Go to top] Law There is no provision in the Constitution guaranteeing the right to information. Australia has a federal Freedom of Information Act 1982. Two sets of Regulations have been promulgated under the Act, the Freedom of Information (Fees and Charges) Regulations 2001 and the Freedom of Information (Miscellaneous Provisions) Regulations 2004. Australia also has separate freedom of informational legislation in all of its States and Territories. Articles
Links
BAHAMAS [Go to top] Law Article 23(1) of the Constitution includes the right to receive and impart ideas and information without interference within the right to freedom of expression. The
Data
Protection (Privacy of Personal Information) Act 2003, has
been adopted to regulate the collection, processing, keeping,
use and disclosure of certain information relating to individuals.
The Act has been passed but has not yet been brought into force.
Articles
Links To be posted. BANGLADESH [Go to top] Law Article 39 of the Constitution guarantees freedom of thought, conscience and speech, but there is no reference in the Constitution to the right to information. Manusher Jonno prepared a draft Right to Information Bill in 2006 for consideration by civil society and the Government. CHRI has made a detailed analysis of this draft Bill and suggested areas which could be reconsidered and reworked. Recently,
the care-taker Government drafted a Right
to Information Ordinance 2008 which is available for public
consultation. CHRI has made a preliminary
set of recommendations for strengthening the provisions of
the Bill. CHRI has submitted a
set of supplementary recommendations to the Drafting Committee
for consideration. Articles
Links To be posted. BARBADOS [Go to top] Law Section
20(1) of the Constitution
includes the freedom to receive and communicate ideas and information
without interference as part of the right to freedom of expression. Articles
Links To be posted. BELIZE [Go to top] Law Section 12(1) of the Constitution includes the freedom to receive and communicate ideas and information without interference as part of the right to freedom of expression. The
Freedom
of Information Act 1994 implements the constitutional
right to information. It does not appear that Rules have been
passed in support of the Act. Articles
Links To be posted. BOTSWANA [Go to top] Law Section 12 of the Constitution includes the freedom to receive and communicate ideas and information without interference as part of the right to freedom of expression. Articles
Links BRUNEI DARUSSALAM [Go to top] Law Bruneii Darussalam is a monarchical state with no Constitution. There is therefore no constitutional guarantee of the right to information. There is also no access to information legislation. Articles To be posted. Links To be posted. CAMEROON [Go to top] Law The
Constitution
endorses the provisions of the Universal Declaration of Human
Rights, the UN Charter and the African Charter on Human and People's
Rights. As such, Article 19 of the UDHR which recognises the right
to receive and impart information as part of the right to freedom
of expression applies. Articles
Links To be posted. CANADA [Go to top] Law The Canadian Constitution does not contain an explicit provision regarding the right to information. Section 2(b) of the Consitution Act 1982, which includes the Canadian Charter of Rights and Freedoms, upholds the right to freedom of speech, freedom of press and media of communication. The Supreme Court of Canada has interpreted this section to include and guarantee the right to access to information, most notably in the case of Canadian Broadcasting Corporation v New Brunswick [1996] 3 S.C.R. Canada has a federal Access to Information Act 1983 (ATI Act), which is supported by Access to Information Rules (SOR/83-507). In 2005, the Standing Committee on Access to Information, Privacy and Ethics considered how the ATI Act could be improved. The Federal Information Commissioner submitted Amendments to the ATI Act for consideration. In 2005, Gomery Commission, set up to investigate a major government scandal, also considered how to strengthen the ATI Act. Chapter 10 of the Report of the Gomery Commission captures the Commission’s recommendations re improving the ATI Act. Canada also has separate freedom of informational legislation in most of its Provinces and Territories. See also: Policies & Articles
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