to the AUC leadership, and publication
of other information materials among
others; as well as its efforts in promoting
Information and Communications Technology (ICTs) in Africa;
Encouraged that over 90 countries
around the world have adopted comprehensive national access to information
laws or regulations including ten in Africa; that many countries in Africa have
joined the Extractive Industries Transparency Initiative, the International Aid
Transparency Initiative and the Open
Government Partnership; and that the
Economic Community of West African
States is moving towards adoption of a
binding Supplementary Act for a Uniform Legal Framework on Freedom of
Expression and Right to Information;
Concerned that most African nations
have not yet adopted comprehensive ATI
laws or regulations and that significant
problems remain with both the substantive provisions of many of those that
have adopted laws and the full implementation of the laws;
Acknowledging that civil society organisations and government bodies
around the world have adopted 28 September as International Right to Know
Day; Convinced that it is of critical importance that clear and comprehensive
principles are established to guide the
promotion and protection of the right of
access to information in Africa through
the adoption and effective implementation of appropriate national laws and
regulations;
Resolve to adopt the following Principles
on The Right of Access to Information:

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1. Fundamental Right Accessible to
Everyone. Access to information is
a fundamental human right, in accordance with Article 9 of the African Charter on Human and Peoples’
Rights. It is open to everyone, and
no one should be privileged or prejudiced in the exercise of this right
on 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. 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. Applies to Public Bodies and
Private Bodies. The obligations of




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