SECTOR 1

legal investigation, information in regard to defence, security and international
relations and cabinet documents. Article 28 of the proclamation, however, provides
for a “public interest override”:
Notwithstanding the exceptions in article 15-25 of this proclamation a
public body may not refuse a request for information unless the harm to
the protected interest which would be caused by disclosure outweighs the
public interest in disclosure.
The process laid out in the law for accessing public
information is quite involved and may be considered too
“Information
lengthy particularly for journalists. The law requires a person
delayed is
to request information in writing or through electronic
device from the public relations officer concerned. The latter
information
has up to 30 days to reply, with the possibility of extension in
denied.”
exceptional cases. The public relations officer may also deny
information “stating the reasons for rejecting the request
on any of the grounds specified” in the law. The law gives
the right of appeal to “any person who is aggrieved by the
decision of the head of the public body” to the Ombudsman (an appeals body
for all administrative decisions) within 30 days. This process could also take
another 30 days until the Ombudsman decides on the issue. Considering the time
constraints in the media the process to access public information takes too long:
“Information delayed is information denied.”
In addition, accessing public information is very difficult in practice due to poor
record keeping and record management in the country.
On top of this, Part Three of the Freedom of the Mass Media and Access to
Information Proclamation, which deals with access to public information has
not yet come into effect. Article 48 (2) of the law postpones the effective date
by a year “in order to provide public bodies an opportunity to put in place the
necessary arrangements to facilitate implementation.” There is also provision for
this transitional period to be extended by the decision of the house of peoples’
representatives.

AFRICAN MEDIA BAROMETER ETHIOPIA 2010

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