2015年-世界发展银行全球_Access_to_Information_in_the_Middle_East_and_North_Africa_Region___An_Overview_of_Recent_Developments_in_Jordan_Lebanon_Morocco_and_Tunisia_39页_579kb

Summary of Access to Information in the Middle East and North Africa Region: Jordan, Lebanon, Morocco, and Tunisia

Core Content

Access to information (ATI) is a fundamental right enshrined in Article 19 of the Universal Declaration of Human Rights (UDHR). It is essential for promoting accountability, enabling citizens to monitor government actions, and supporting participatory development. This report provides an overview of ATI developments in Jordan, Lebanon, Morocco, and Tunisia, focusing on legal frameworks, institutional structures, government initiatives, and practical implementation.

Main Countries Overview

Jordan

Legal Framework

• Constitution: The 2011 amendment did not include the right to access information, though it emphasized securing freedom of opinion and press.
• Access to Information Law (LSATI): Enacted in 2007, it is the first of its kind in the Arab region. However, it has limited effectiveness due to vagueness, broad exceptions, and complex requesting procedures.
• Press and Publications Law: Article 6 (c) guarantees journalists’ right to access information, but the 2011 amendment subjecting electronic media to licensing and penalties has restricted this right.
• Restrictive Legislation: The 1971 Provisional Law on Protection of State Secrets and Documents is overly broad and lacks independent oversight. Other laws, such as the Anti-corruption Law and Financial Disclosure Law, also restrict access to information.

Institutional Framework

• Information Council (IC): Established under LSATI, the IC is based in the National Library and lacks independent members. Its decisions are non-binding, and it has not effectively enforced the ATI law.
• Ombudsman Bureau: Provides a forum for complaints against information withholding but is not directly linked to ATI.

Government Initiatives

• Government Websites: A 2009 survey found that only 65% of journalists used the government website, and 36% found the information insufficient.
• Open Government Partnership (OGP): Jordan is the only Arab country in OGP. It has committed to improving the ATI law to align with international standards.

Practice of Access to Information

• Limited Use: Most journalists and citizens are unaware of the law or do not use it due to lack of pressure and complexity of procedures.
• Classification of Documents: Despite government instructions, many agencies have not completed classification. The process is subjective and lacks transparency.
• Requesting Procedure: The formal process requires personal information and is not in line with international standards, deterring many from using it.
• Case Studies: Some cases, such as the appeal by journalist Majdoleen Allan and the resolution regarding the Social Security Corporation, show partial progress in ATI implementation.

ATI Campaign Agenda

• Civil society organizations are actively engaged in training government officials on the implementation of the ATI law.
• There is a need for legal amendments to enhance the effectiveness of the law and reduce secrecy in government operations.

Lebanon, Morocco, and Tunisia (Summary)

Legal Framework

• Lebanon: Has a legal framework that includes the Arab Charter on Human Rights and the International Covenant on Civil and Political Rights (ICCPR). However, the implementation of ATI laws is inconsistent.
• Morocco: Has a legal framework that includes the 2003 Law on Access to Public Documents, which is considered more progressive than Jordan’s. It also ratified the UN Convention against Corruption and the Rio Declaration.
• Tunisia: Adopted the ATI decree in 2011 following the Arab Spring. It has a more favorable legal environment but faces challenges in implementation.

Institutional Framework

• Lebanon: The Information Council is not fully operational, and there is a lack of independent oversight.
• Morocco: The National Council for Transparency and the Fight Against Corruption is responsible for overseeing ATI.
• Tunisia: The National Council for Transparency and the Fight Against Corruption was established in 2011 and has taken steps to promote transparency.

Government Initiatives

• Lebanon: Limited government initiatives have been taken, and there is a lack of systematic data collection and publication.
• Morocco: The government has taken some steps to improve transparency, including participation in OGP.
• Tunisia: The government has implemented the ATI decree and has made efforts to increase public access to information.

Practice of Access to Information

• Lebanon: There is a lack of awareness and use of ATI laws due to limited public engagement and complex procedures.
• Morocco: The law has been implemented to some extent, but challenges remain in terms of awareness and compliance.
• Tunisia: The law has been enacted, but its implementation is still in its early stages, with limited awareness and capacity.

Regional Developments

• The MNA region has seen limited progress in ATI despite the existence of laws and international commitments.
• There is a need for stronger legal frameworks, independent oversight, and public engagement to improve ATI.
• The Open Government Partnership (OGP) has provided a platform for some countries to improve transparency and accountability.

Recommendations

• Legal Reforms: Amend ATI laws to remove ambiguities, broaden access, and reduce exceptions.
• Independent Oversight: Establish independent bodies to oversee the implementation of ATI laws and review classification systems.
• Public Awareness: Increase awareness of ATI laws through training and education programs for journalists, civil society, and the public.
• Transparency Initiatives: Develop and implement systematic data collection and publication mechanisms to ensure accountability.
• Strengthen Complaint Mechanisms: Ensure that complaint mechanisms are binding and effective to support the right to access information.
• Collaboration: Encourage collaboration among ATI practitioners and organizations in the region to share best practices and strategies.