Ramallah- 28th of September marks the International Day for the Universal Access to Information. On this occasion, the Coalition for Accountability and Integrity (AMAN) highlights the importance of publication and availability of information. The right of access to information is a key step towards building mutual trust between citizens and state institutions, consolidating the values of integrity, and laying the foundations for the principles of transparency. As bedrock requirement under the United Nations Convention against Corruption, the right of access to information is also stressed by the Palestinian National Policy Agenda 2017-22. It is in line the government approach to open and transparent public administration. The government has also expressed its commitment to Target 16.10 of the Sustainable Development Goals (SDGs), namely, to ensure public access to information and protect fundamental freedoms, in accordance with national legislation and international agreements. The right of access to information is closely linked to all sectors, including health, education and scholarships, labour and employment, land transactions, law and justice, public budget, expenditures, taxes, and Hajj and Umrah quotas. It also impacts aspects of legal activity and service provision in society, such as telecommunications, water, electricity, journalism, right to freedom of opinion and expression, and freedom of the press.
In spite of repeated attempts to finalise it, the Palestinian government has not enacted the Draft Law on the Right of Access to Information. Consultations between the government, civil society and Palestinian Anti-Corruption Commission have already been conducted. On more than one occasion, the government promised to refer the draft law to the President for promulgation.
Against this background, AMAN is of the view that enacting the Law on the Right of Access to Information is of paramount importance. Not only does the law empower community participation in the decision making process, but it also serves as a tool to hold public administration to account. Public funds will, therefore, be spent in tandem with the principles of good governance. In parallel, a Law on National Archives needs to be approved and promulgated to ensure proper enforcement of the Law on the Right of Access to Information. The Law on National Archives provides for classifying information according to specific criteria and controls and building an integrated, reliable and user-friendly database. Electronic archives facilitate access to information for both researchers and operators of the database.
AMAN calls on the government to expedite the approval and promulgation of the Law on the Right of Access to Information in consistence with the best practices for ensuring respect for, and protection of, the right of access to information against violations. In this context, substantive amendments need to be introduced to the latest version of the draft law, which was submitted to the Council of Ministers. These are as follows:
1. The scope of the exceptions to the right of access to information should be narrowed, particularly in relation to the state’s national security. The basic principle of the right of access to information, namely absolute disclosure, should be adopted. All public information should be accessible, except as provided by law.
2. The draft law should provide shorter timelines for submitting requests for access to information, and for replies to citizens’ challenges, if their requests are rejected.
3. Protection should be extended to persons who report public information, including employees, journalists and citizens. The draft law should also provide for protecting information sources, which may only be disclosed by a judicial warrant.
4. The Commissioner General for Information should not report to the Executive power. Appointments to this position will be open and transparent, ensuring equal opportunities, impartiality and professional performance. Appointments will be immune from favouritism and political considerations.
5. Until the draft law is enacted, the government should issue instructions or a procedure manual for the dissemination of public information. In addition to classifying information, these will exclusively identify secret information, which may not be publicly released.
AMAN confirms that it will continue with its tireless efforts, and work with all partners, members of the legal community and civil society organisations to lobby and advocate for introducing substantive amendments to the latest version of the draft law presented to the Council of Minister. The achievements scored are an outcome of 14 years of national efforts made by relevant specialists. To promote transparency in Palestinian society, AMAN calls on the government to enact legislation on the right of access to information, ensuring that Palestinian citizens have easy and cost-effective access to information.
