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Right to Information: International

   

Member States' Laws & Papers

Only 11 out of 54 of the Commonwealth's member states have freedom of information legislations: Australia, Belize, Canada, India, Jamaica, New Zealand, Pakistan (although only an Ordinance, not an Act, has been passed) South Africa, Trinidad & Tobago, United Kingdom and Zimbabwe (although Zimbabwe's law falls so far short of the minimum standards for access to information legislation, that it should not rightly be counted). A number of Commonwealth countries protect the right to information in the Constitutions, but only a handful have actually operationalised these principles through legislation.

Click on the links below to view legislation, papers and links for each country

Status of the Right to Information in the Commonwealth
Access Regime
Explicit Constitutional Guarantee Only
No Access Regime
Specific guarantee
Part of speech and expression

Australia

Ghana

Antigua and Barbuda

Bangladesh

Belize

Malawi

The Bahamas

Brunei Darussalam

Canada

Mozambique

Barbados

Malaysia

India+

Papua New Guinea

Botswana

Maldives

Jamaica+

Tanzania

Cameroon

Nauru

New Zealand

Uganda

Cyprus

Namibia

Pakistan#

 

Dominica

Samoa

South Africa

 

Fiji Islands

Singapore

Trinidad & Tobago

 

The Gambia

Swaziland

United Kingdom+

 

Grenada

Tonga

Zimbabwe*

 

Guyana

Vanuatu

   

Kenya

 
   

Kiribati

 
   

Lesotho

 
   

Malta

 
   

Mauritius

 
   

Nigeria

 
   

Seychelles

 
   

Sierra Leone

 
   

Solomon Islands

 
   

Sri Lanka

 
   

St Kitts and Nevis

 
   

St Lucia

 
   

St Vincent and the Grenadines

 
   

Tuvalu

 
   

Zambia

 

+ Not yet fully operationalised.
# Pakistan promulgated a Right to Information Ordinance in October 2002 but no access legislation has yet been passed.
* The Zimbabwe law is so heavily qualified that it is tantamount to having no access legislation.

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.

Articles

To be posted.

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, as well as separate freedom of informational legislation in most 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.

Articles

To be posted.

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.

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

To be posted.

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.

Articles

To be posted.

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

To be posted.

Links

To be posted.

CANADA [Go to top]

Law

There is no provision in the Constitution guaranteeing the right to information.

Canada has a federal Access to Information Act 1983, as well as separate freedom of informational legislation in most of its Provinces and Territories.

See also:

Policies & Articles

Links

CYPRUS [Go to top]

Law

Article 19(2) of the Constitution includes the freedom to hold opinions and receive and impart information and ideas without interference by any public authority and regardless of frontiers as part of the right to freedom of speech and expression.

Articles

To be posted.

Links

To be posted.

DOMINICA [Go to top]

Law

Section 10 of the Constitution includes the freedom to receive ideas and information without interference freedom to communicate ideas and information without interference as part of the right to freedom of expression.

Articles

To be posted.

Links

To be posted.

FIJI ISLANDS [Go to top]

Law

Article 30(1) of the Constitution includes the freedom to seek, receive and impart information and ideas as part of the right to freedom of expression. Article 174 explicitly requires that Parliament should enact a law to give members of the public rights of access to official documents of the Government and its agencies, as soon as practicable after the commencement of the Constitution.

Articles

  • In 2002, the Fiji Government indicated its intention to enact freedom of information legislation. However, to date, legislation has still not been passed.

Links

To be posted.

THE GAMBIA [Go to top]

Law

Article 25 of the Constitution guarantees a list of rights and freedoms, but there is no reference to the right to information.

Articles

Links

To be posted.

GHANA [Go to top]

Law

Article 21(1)(f) of the Constitution explicitly recognises that all persons shall have the right to information, subject to such qualifications and laws as are necessary in a democratic society.

The Freedom of Information Bill 2003 has been drafted, but has not been passed by parliament.

Articles

Links

GRENADA [Go to top]

Law

Article 10 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

To be posted.

Links

To be posted.

GUYANA [Go to top]

Law

Article 146 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

To be posted.

Links

To be posted.

INDIA [Go to top]

Law

Article 19 of the Constitution, which upholds the right to freedom of speech and expression, has been interpreted by the Supreme Court of India to implicitly include the right to receive and impart information.

India has a national Freedom of Information Act 2002 which was passed in December 2002 but has yet to come into force. A number of States also have separate legislation.

Articles

Links

JAMAICA [Go to top]

Law

Article 22 of the Constitution includes the freedom to receive and impart ideas and information without interference as part of the freedom of expression.

Jamaica also has an Access to Information Act 2002 which implements the constitutionally guaranteed right to information.

Articles

Links

KENYA [Go to top]

Law

Article 79 of the Constitution includes the freedom to receive and communicate ideas and information as part of the right to freedom of expression.

Artilce 47 of the draft of the new Kenyan Constitution explicitly confers a right to information. A draft Freedom of Information Bill has been produced by civil society, but has yet to be taken up by Government.

Articles

Links

To be posted.

KIRIBATI [Go to top]

Law

Article 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

To be posted.

Links

To be posted.

LESOTHO[Go to top]

Law

Article 14 of the Constitution includes the right to receive and communicate information and ideas and information without interference as part of the right to freedom of expression.

Articles

To be posted.

Links

MALAWI [Go to top]

Law

Article 37 of the Constitution explicitly guarantees the right to access all information held by the state or any of its organs at any level of government in so far as it is required for the exercise of a person's rights.

Articles

Links

MALAYSIA [Go to top]

Law

Article 10 of the Constitution recognises the right to freedom of speech and expression, but there is no reference in the Constitution to the right to information.

Articles

Links

To be posted.

MALDIVES [Go to top]

Law

Article 25 of the Constitution recognises the right to freedom of expression, conscience and thought, but there is no reference in the Constitution to the right to information.

Articles

To be posted.

Links

To be posted.

MALTA [Go to top]

Law

Section 41 of the Constitution includes the right to receive and communicate ideas and information without interference as part of the right to freedom of expression.

Articles

To be posted.

Links

To be posted.

MAURITIUS [Go to top]

Law

Article 12 of the Constitution includes the right to receive and impart ideas and information without interference as part of the right to freedom of expression.

Articles

To be posted.

Links

To be posted.

MOZAMBIQUE [Go to top]

Law

Article 74(1) of the Constitution explicitly recognises the right to information. Every citizen has the right to inform him/herself and be informed about revelant facts and opinions, at the national and international level, as well as to disseminate information, opinions and ideas through the press.

Articles

To be posted.

Links

NAMIBIA [Go to top]

Law

Article 21 of the Constitution recognises the right to freedom of expression, but there is no reference in the Constitution to the right to information.

Articles

To be posted.

Links

NAURU [Go to top]

Law

Article 12 of the Constitution recognises the right to freedom of expression, but there is no reference in the Constitution to the right to information.

Articles

To be posted.

Links

To be posted.

NEW ZEALAND [Go to top]

Law

New Zealand's Constitution does not guarantee any right to information. However, the Official Information Act 1982 legislates for the right to access information. The Local Government Official Information and Meetings Act 1987 is also designed to make official information held by local authorities more freely available, as well as to provide for public admission to meetings of local authorities.

The Protected Disclosures Act 2000 is designed to protect "whistleblowers". The Act is currently being reviewed (see Terms of Reference for the commission of inquiry and information regarding submissions) with recommendations due by end 2003.

The Privacy Act 1993 allows individuals to obtain and correct records about themselves held by public and private bodies.

Articles

Links

NIGERIA [Go to top]

Law

Article 39(1) of the Constitution includes the right to receive and impart ideas and information without interference as part of the right to freedom of expression.

The Freedom of Information Bill was drafted in 1999, but has yet to be enacted. The Bill has been through two readings in parliament and is now due for a third and final reading in the House of Representatives.

Articles

Links

PAKISTAN [Go to top]

Law

Article 19 of the Constitution recognises the right to freedom of speech and expression and freedom of the press, but there is no constitutional guarantee of the right to information.

The Consumer Rights Commission of Pakistan produced a Model Freedom of Information Act in 2001. However, in October 2002, the Government promulgated the Freedom of Information Ordinance 2002 which is protected under the Provisional Constitutional Order.

As the Government has not yet passed supplementary rules to properly operationalise the Ordinance, in September 2003, civil society submitted draft Business Rules to the Government for consideration. The Business Rules have not yet been approved.

Articles

Links

PAPUA NEW GUINEA [Go to top]

Law

Article 51 of the Constitution explicitly recognises the right of reasonable access to official documents, subject only to the need for such secrecy as is reasonably justifiable in a democratic society.

A Draft Freedom of Information Bill was developed by civil society, but have not yet been acted upon by government.

Articles

Links

SAMOA [Go to top]

Law

Article 13(1) of the Constitution recognises the right to freedom of speech and expression, but there is no reference in the Constitution to the right to information.

Articles

To be posted.

Links

To be posted.

SEYCHELLES [Go to top]

Law

Article 22(1) of the Constitution includes freedom to seek, receive and impart ideas and information without interference as part of the right to freedom of speech and expression.

Articles

To be posted.

Links

To be posted.

SIERRA LEONE [Go to top]

Law

Article 25 of the Constitution includes the freedom to receive and impart ideas and information without interference as part of the right to freedom of speech and expression.

Articles

To be posted.

Links

To be posted.

SINGAPORE [Go to top]

Law

Article 14(1) of the Constitution recognises the right to freedom of speech and expression, but there is no reference in the Constitution to the right to information.

Articles

Links

To be posted.

SOLOMON ISLANDS [Go to top]

Article 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

To be posted.

Links

To be posted.

SOUTH AFRICA [Go to top]

Law

Section 32 of the Constitution explicitly guarantees the right of access to information held by the state or held by another person if it is required for the exercise or protection of any rights. The section requires the National Legislature to enact legislation to make the right effective. Section 16 of the Constitution also includes the freedom to receive and impart information as part of the right to freedom of expression.

The Promotion of Access to Information Act 2000 operationalises the constitutional right to access information.

The Protected Disclosures Act 2000 was passed simultaneously with the POAI Act to protect "whistleblowers".

Articles

Links

SRI LANKA [Go to top]

Law

Article 14(1) of the Constitution recognises the right to freedom of speech and expression, but there is no reference in the Constitution to the right to information.

The Freedom of Information Bill 2003 proposed by civil society advocates is currently under consideration by the government.

Articles

Links

ST KITTS AND NEVIS [Go to top]

Law

Article 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

To be posted.

Links

To be posted.

ST LUCIA [Go to top]

Law

Article 10 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

To be posted.

Links

To be posted.

ST VINCENT AND THE GRENADINES [Go to top]

Law

Article 10 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

To be posted.

Links

To be posted.

SWAZILAND [Go to top]

Law

Currently, there is no access to information regime in place. Swaziland has no Constitution, although a draft constitution was presented to King Mswati in May 2003. Article 25 of the Draft Constitution includes the freedom to receive and communicate ideas and information without interference as part of the right to freedom of expression and opinion.

Articles

To be posted.

Links

TANZANIA [Go to top]

Law

Article 18(1) of the Constitution includes the right to seek, receive and impart information as part of the right to freedom of opinion and expression. Article 18(2) guarantees every citizen the right to be informed at all times of various events in the country and in the world at large which are important to the lives and activities of people also of issues of importance to society.

Articles

To be posted.

Links

TONGA [Go to top]

Law

Article 7 of the Constitution guarantees the right to freedom of speech, expression and of the press, but there is no reference in the Constitution to the right to information.

Articles

To be posted.

Links

To be posted.

TRINIDAD AND TOBAGO [Go to top]

Law

Section 4 of the Constitution guarantees a list of rights and freedoms, but there is no reference to the right to information.

The Freedom of Information Act 1999 legislates for the right to access information. The Act came into effect on 20 February 20, 2001.

Articles

To be posted.

Links

TUVALU [Go to top]

Law

Article 24 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

To be posted.

Links

To be posted.

UGANDA [Go to top]

Law

Article 41 of the Constitution explicitly guarantees the right to access information in possession of state or any other agency of the state. Article 41 expressly requires parliament to make a law to prescribe the procedure for providing access to information.

Articles

To be posted.

Links

To be posted.

UNITED KINGDOM [Go to top]

Law

England
England has no Constitution. The Freedom of Information Act 2000 legislates for the right to access information. The Act will only come into force in January 2005

Individuals already have the right of access to information about themselves under the Data Protection Act 1998.

The Public Interest Disclosures Act 1998 protects individuals who make certain disclosures of information in the public interest, namely whistleblowers.

Scotland
The Freedom of Information (Scotland) Act 2002 legislates for access to information held by Scottish public authorities.

Wales
The Welsh Code of Practice on Public Access to Information applies to information held by the national assembly for Wales, assembly-sponsored public bodies and private companies contracted by the national assembly. The Code adds to the Freedom of Information Act 2000 (UK).

Articles

Links

VANUATU [Go to top]

Law

Article 5 of the Constitution guarantees a list of rights and freedoms, but there is no reference to the right to information.

Articles

To be posted.

Links

To be posted.

ZAMBIA [Go to top]

Law

Article 20 of the Constitution includes the freedom to receive, impart and communicate ideas and information without interference as part of the right to freedom of expression.

Articles

Links

To be posted.

ZIMBABWE [Go to top]

Law

Article 20 of the Constitution includes the right to receive and impart ideas and information without interference as part of the right to freedom of expression.

The Access to Information and Protection to Privacy Act 2002 purportedly legislates to provide access to information. However, in reality the Act provides only very limited provisions on access and privacy, and the main thrust of the Act is to give the government more powers for media censorship and control.

Articles

Links