Access to information is everyone’s right |26 May 2015

Mr Afif and Ms Tlakula addressing the audience

Improving a country’s institutions to ensure transparency and accountability is very crucial in building a strong and functioning democracy where the people have the right to access information.

Seychelles has started work on drafting a Freedom of Information Bill (also known as access to Information) and this process started yesterday through a two-day symposium at the Seychelles Trading Company’s conference hall.

The drafting of a Freedom of Information Bill for Seychelles will be based on a model law on access to information that has been adopted by the African Commission on People’s’ and Human Rights.

President James Michel, who for many years held the portfolio of information, attended the opening of the symposium yesterday morning during which the African Union Special Rapporteur on Expression and Access to Information in Africa, Pansy Tlakula said the key elements of the model law is everyone is entitled to information, whether you are a citizen or not.

She added that “not only public bodies are supposed to make information available, but also private bodies, particularly those called relevant private bodies that perform a public function”.
Mrs Tlakula noted that in most countries there is proactive disclosure, that is public bodies make available information proactively and do not wait for people to ask for information.

“Proactive disclosure makes life easy for all of us,” said Ms Tlakula.
Giving reasons why she thinks some countries are reluctant to adopt the law, Ms Tlakula said “it’s mostly the fear of the unknown”.
She also noted that it’s because of the culture of secrecy our countries have developed over the years.

“If you look at what has been happening over the recent years, the number of countries that has adopted the ATI law is increasing. We started with five now we have 16 and the rate is accelerating because countries have come to realise that there is nothing to fear, in fact disclosing information makes life easier for them because we are all committed to transparency and good governance. This is what we are all striving for on our continent,” she said.

Ms Tlakula added that the Seychelles Media Commission (SMC) has been pushing for the ATI law in Seychelles and they came to give impetus to their initiative.

“Less than five months after we came there is already a symposium to discuss an ATI law and this symposium has been attended by the President and the Speaker of the Assembly. There can be no commitment more than that. Their presence shows the commitment that the country wants to adopt the law,” noted Ms Tlakula who added that with the model law in hand it will probably take Seychelles between one and two years to come up with its own ATI law.

SMC secretary Larrey Chetty said the idea to have an ATI law started after the editors of local newspapers, radio and television stations complained during editorial forums about the difficulty in accessing public information.

In January this year, the SMC then contacted the African Commission on People’s’ and Human Rights and Ms Tlakula and her delegation came to Seychelles to promote the model law on access to information.

“Access to information does not only concern journalists or media people. It concerns everyone. For example if you want to get access to your medical record you have the right to, the same goes for an employee who want to have access to his personal file at his work place,” said Mr Chetty.

He added that sometimes it is not an issue of people not wanting to give information, but they just don’t know what kind of information they need to give out.

And according to him, this law will detail the mechanisms to be used to get access to information and what one should do if he doesn’t get access to the information requested.
Mr Chetty noted that the Seychellois people are thirsty for information but with the ATI law there will be exemptions.

“In all countries there are restricted information to protect lives and the rights of people. For example, a private letter you have received from your lawyer and your conversation with your doctor should not be made public. It’s your right to privacy,” he said.

SMC chairman and chief executive Ibrahim Afif said access to information is of growing international and regional concern and is a topic on which African states are increasingly undertaking legislative reforms.

“Properly implemented access to information legislation holds the promise of fostering good governance by improving information management and by enhancing transparency, accountability and greater participation of the populace in public affairs. By exposing corruption, mismanagement of resources, increased transparency and accountability is likely to lead to better management of public resources, improvement in the enjoyment of socio-economic rights and contribute to the eradication of under-development on the African continent,” said Mr Afif.