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
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
- Richard
Calland (2003) Turning
Right To Information Law Into A Living Reality: Access To Information
And The Imperative Of Effective Implementation, Open Democracy
Advice Centre, South Africa.
- Dr.
Dale T. McKinley (2003) The
State of Access to Information in South Africa, Prepared for
the Centre for the Study of Violence and Reconciliation, South
Africa.
- Dr
Bernie Fanaroff (2003)
Freedom
of information and the transparent state, paper for International
Conference on Freedom of Information and the transparent state
8 April 2003, Berlin.
- Mukelani
Dimba (2002) A
Landmark Law Opens Up Post-Apartheid South Africa, Open Democracy
Advice Centre.
- Mukelani
Dimba & Richard Calland (2002) Freedom
Of Information Law In South Africa: A Country Study, Commissioned
by FreedomInfo.org.
- Doug
Tilton & Richard Calland (2002) In
Pursuit of an Open Democracy: A South African Campaign Case Study,
Open Democracy Advice Centre.
- Lala
Camerer (2001) Protecting
whistle blowers in South Africa: The Protected Disclosures Act
2000, Institute for Security Studies, Occasional Paper No
47.
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
|