account of belonging to a class or group
howsoever defined, and whether in terms
of gender, class, race, political association, occupation, sexual orientation, age,
nationality, HIV status, and other bases
as cited in many African constitutions. It
is not required that anyone must demonstrate a specific legal or personal interest
in the information requested or sought or
otherwise required to provide justification
for seeking access to the information. 3
2.

Maximum Disclosure. The presumption
is that all information held by public bodies is public and as such should be subject
to disclosure. Only in limited circumstances set out in these principles below may
disclosure be denied.

3.

Clear and Unambiguous Process. The
law shall include procedures for the exercise of the right. The process to obtain
information should be simple and fast

Obligation to Publish Information.
Public and relevant private bodies shall be
obliged to proactively release information
in a timely manner about their functions,
powers, structures, officials, decisions, expenditures, budgets, and other information
relating to their activities that is of public
interest. The dissemination should use all
reasonable means of communications,
including ICTs, to maximise access to all
communities and sectors of society.

7.

Language and Accessibility. To the
greatest extent possible, information
should be available in the language of the
person seeking it, in an accessible location, in a format that is as accessible as
possible, and, in particular, ensures that it
is accessible to those who may be particularly affected by the subject matter of the
information.

Applies to Public Bodies and Private
Bodies. The obligations of ATI shall apply
to all public bodies, as well as to private
bodies that are owned or controlled by the
government, utilise public funds, perform
functions or provide services on behalf of
public institutions, or have exclusive contracts to exploit natural resources (with regards to said funds, functions, services or
resources), or which are in possession of
information which is of significant public
interest due to its relation to the protection
of human rights, the environment or public health and safety, or to the exposure of
corruption or illegal actions or where the
release of the information may assist in exercising or protecting any right.

5.

6.

Established in Law. The right of access
to information shall be established by law
in each African country. Such law shall be
binding and enforceable and based on the
principle of maximum disclosure. The law
shall take precedence over other conflicting laws that limit access to information.

4.

and take advantage of new information
and communication technologies where
possible. Bodies falling under the scope
of the ATI law should provide assistance
to requesters in order to ensure that they
receive the information they need. The
information provided should be provided
in a form understandable to the requestor.
Information should be disclosed within a
clear and reasonable deadline provided for
by law. It should be available at low or no
cost.

8.

Limited Exemptions. The right of access to information shall only be limited
by provisions expressly provided for in the
law. Those exemptions should be strictly
defined and the withholding of information should only be allowed if the body
can demonstrate that there would be a significant harm if the information is released
and that the public interest in withholding the information is clearly shown to be
greater than the public interest in disclosure. Information can only be withheld for
the period that the harm would occur. No
information relating to human rights abus-

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Select target paragraph3