Sudan
Name of law: Right to Access Information Law of 2015
First adopted: 2015
Last modified: n/a
RTI Rating last updated: 2019-05
First adopted: 2015
Last modified: n/a
RTI Rating last updated: 2019-05
Introduction
The Sudanese right to information law is weak. This starts with its failure to include any proper guarantee for the right to information. Although its scope is adequate, its procedures for making and processing requests are weak and its regime of exceptions is exceptionally weak. It does have an oversight body, which is encouraging, but it signally lacks the independence that would be required for it to be effective. One of the stronger areas is its promotional measures, which is one of only two categories on the Rating where it scores above 50%.| id | Section | Points | Max score |
|---|---|---|---|
| 1 | Right of Access | 0 | 6 |
| 2 | Scope | 18 | 30 |
| 3 | Requesting Procedures | 15 | 30 |
| 4 | Exceptions & Refusal | 8 | 30 |
| 5 | Appeals | 12 | 30 |
| 6 | Sanctions & Protections | 2 | 8 |
| 7 | Promotional Measures | 10 | 16 |
| ∑ = 65 | ∑ = 150 |
| Section | I | Description | Scoring instructions | Max score | Findings | Points | Article | Comments |
|---|---|---|---|---|---|---|---|---|
1. Right of Access |
1 | The legal framework (including jurisprudence) recognises a fundamental right of access to information. | Score 0 for no constitutional right to information, 1 point for a limited constitutional right, 2 points for full constitutional recognition of a public right of access to information. | 2 | NO | 0 | Constitution, Article 39(1) Every citizen shall have an unrestricted right to the freedom of expression, reception and dissemination of information, publication, and access to the press without prejudice to order, safety or public morals as determined by law. | This does not guarantee the right to information but just freedom of expression |
1. Right of Access |
2 | The legal framework creates a specific presumption in favour of access to all information held by public authorities, subject only to limited exceptions. | No=0, Partially=1, Yes=2 | 2 | NO | 0 | N/A | Not mentioned |
1. Right of Access |
3 | The legal framework contains a specific statement of principles calling for a broad interpretation of the RTI law. The legal framework emphasises the benefits of the right to information. | One point for each characteristic. | 2 | NO | 0 | N/A | Not mentioned |
2. Scope |
4 | Everyone (including non-citizens and legal entities) has the right to file requests for information. | Score 0 point if only residents/citizens; 1 point for all natural persons; 1 point for legal persons. | 2 | Partially | 1 | 9(1) Any person has the right to access and obtain information from their primary sources from government bodies … | Does not limit to citizens but is unclear as to scope regarding legal bodies. |
2. Scope |
5 | The right of access applies to all material held by or on behalf of public authorities which is recorded in any format, regardless of who produced it. | Score 1-3 points if limited definition of information information such as not "internal documents" or databases excluded, 4 points for all information with no exceptions. | 4 | Partially | 3 | 2. Information means data, texts, images, diagrams, sounds, symbols, databases, and the like regardless of their form, source, date of creation, legal status or storage method. | Seems reasonably broad but is not as clear as it needs to be.` |
2. Scope |
6 | Requesters have a right to access both information and records/documents (i.e. a right both to ask for information and to apply for specific documents). | Score 1 point for only documents, 1 point for information. | 2 | Partially | 1 | 10(b) b) The request for information shall ... include a description of the details to determine whether the public institution maintains a document that contains this information | Not really clear from this whether both information and documents are covered, although it seems to imply that. |
2. Scope |
7 | The right of access applies to the executive branch with no bodies or classes of information excluded.This includes executive (cabinet) and administration including all ministries, departments, local government, public schools, public health care bodies, the police, the armed forces, security services, and bodies owned or controlled by the above. | Score 4 points for central government agencies covered: 1 for the head of state, 1 for ministries, 1 for other non-statutory agencies created by the ministries, 1 for state and local government if the government is unitary. If it´s a federalist system, 2 points for the non-statutory agencies. This can be determined by examining the length and thoroughness of the list, if such a schedule exists. Score 1 point for the archives. Add three points and deduct 1 for each exempted central agency (such as the armed forces, police, etc). | 8 | Partially | 5 | 9(1) Any person has the right to access and obtain information from their primary sources from government bodies and units at all levels, public-sector institutions, public joint-stock companies, and companies in which the government participates whatever its equity stake and any public institution deemed by the competent minister to have activities similar to those of the public sector and civil society organizations. | Not clear about head of State, non-statutory bodies, archives. |
2. Scope |
8 | The right of access applies to the legislature, including both administrative and other information, with no bodies excluded. | Score 1 point if the law only applies to administrative documents, 2-3 points if some bodies excluded, 4 points if all legislative branch at all levels of government | 4 | Partially | 2 | 9(1) Any person has the right to access and obtain information from their primary sources from government bodies and units at all levels, public-sector institutions, public joint-stock companies, and companies in which the government participates whatever its equity stake and any public institution deemed by the competent minister to have activities similar to those of the public sector and civil society organizations. | Not clear if legislature covered. |
2. Scope |
9 | The right of access applies to the judicial branch, including both administrative and other information, with no bodies excluded. | Score 1 point if the law only applies to administrative documents, 2-3 points if some bodies excluded, 4 points if all judicial branch at all levels of government | 4 | Partially | 2 | 9(1) Any person has the right to access and obtain information from their primary sources from government bodies and units at all levels, public-sector institutions, public joint-stock companies, and companies in which the government participates whatever its equity stake and any public institution deemed by the competent minister to have activities similar to those of the public sector and civil society organizations. | Not clear if courts covered. |
2. Scope |
10 | The right of access applies to State-owned enterprises (commercial entities that are owned or controlled by the State). | Score 1 point if some, 2 points if all | 2 | YES | 2 | 9(1) Any person has the right to access and obtain information from their primary sources from government bodies and units at all levels, public-sector institutions, public joint-stock companies, and companies in which the government participates whatever its equity stake and any public institution deemed by the competent minister to have activities similar to those of the public sector and civil society organizations. | |
2. Scope |
11 | The right of access applies to other public authorities, including constitutional, statutory and oversight bodies (such as an election commission or information commission/er). | Score 1 point if some bodies, 2 points if all | 2 | Partially | 1 | 9(1) Any person has the right to access and obtain information from their primary sources from government bodies and units at all levels, public-sector institutions, public joint-stock companies, and companies in which the government participates whatever its equity stake and any public institution deemed by the competent minister to have activities similar to those of the public sector and civil society organizations. | Again, not very clear if these bodies are covered. |
2. Scope |
12 | The right of access applies to a) private bodies that perform a public function and b) private bodies that receive significant public funding. | 1 point for public functions, 1 point for public funding | 2 | Partially | 1 | 9(1) Any person has the right to access and obtain information from their primary sources from government bodies and units at all levels, public-sector institutions, public joint-stock companies, and companies in which the government participates whatever its equity stake and any public institution deemed by the competent minister to have activities similar to those of the public sector and civil society organizations. | Neither of these are really covered but one point given because Minister can designate bodies. |
3. Requesting Procedures |
13 | Requesters are not required to provide reasons for their requests. | Y/N answer 0 or 2 points | 2 | YES | 2 | 10(b) The request for information shall be submitted in writing to the information officer at the public institution, and this application shall include a description of the details to determine whether the public institution maintains a document that contains this information; if the public institution indeed maintains that information, it shall be turned over to the applicant in accordance with article 11, | Reasons are not listed among the information to be included in requests in 10(b). The list is incomplete since it does not mention a means for delivering information, but benefit of the doubt given. It would be better, however, if reasons were explicitly not required. |
3. Requesting Procedures |
14 | Requesters are only required to provide the details necessary for identifying and delivering the information (i.e. some form of address for delivery). | Score Max 2 points and deduct if requesters are required to give any of the following: ID number, telephone number, residential address, etc. | 2 | Partially | 1 | 10(b) The request for information shall be submitted in writing to the information officer at the public institution, and this application shall include a description of the details to determine whether the public institution maintains a document that contains this information; if the public institution indeed maintains that information, it shall be turned over to the applicant in accordance with article 11, | Does not specifically refer to any of these details but neither does it refer even to an address. Given that authorities are to adopt a form, it seems likely that some of these details may be required. |
3. Requesting Procedures |
15 | There are clear and relatively simple procedures for making requests. Requests may be submitted by any means of communication, with no requirement to use official forms or to state that the information is being requested under the access to information law. | Max 2 points. Considerations include that there is no requirement to state that the request is under the RTI law, nor to use an official form, nor to identify the document being sought. | 2 | Partially | 1 | 7. The Commissioner shall oversee operational activities relating to the enforcement of the right to access information and oversight, and, without prejudice to what to the above, the commissioner shall have the following competences: (h) Prepare the proposals for the request for information forms; 9(2) Each public institution must appoint an employee specializing in information to be called “information officer” and to be in responsible for the following: (d) Publish the procedures, forms and the required fees with the approval of the Commissioner to facilitate access to them. 10(d) The public institution can impose a form for requests for information provided that these forms do not delay the response or represent an unnecessary burden on the applicants, | You do need to use a form and it is not clear how requests may be submitted. |
3. Requesting Procedures |
16 | Public officials are required to provide assistance to help requesters formulate their requests, or to contact and assist requesters where requests that have been made are vague, unduly broad or otherwise need clarification. | Score 1 point for help in formulation and 1 point for clarification procedures | 2 | NO | 0 | N/A | |
3. Requesting Procedures |
17 | Public officials are required to provide assistance to requesters who require it because of special needs, for example because they are illiterate or disabled. | Score Yes=2 point, No=0 | 2 | YES | 2 | 10(c) A person who is not able to submit a written application to obtain information—if he cannot read or write or is disabled—can then submit an application orally to be noted down by the information officer at the public institution, with the names of the applicant and the information officer at the public institution and his title, and he shall give a copy of the application to the applicant, | |
3. Requesting Procedures |
18 | Requesters are provided with a receipt or acknowledgement upon lodging a request within a reasonable timeframe, which should not exceed 5 working days. | Score 1 point for receipt, 1 point for max 5 working days | 2 | YES | 2 | 10(e) e) The public institution that receives a request for information must provide the applicant with a statement of receipt, | |
3. Requesting Procedures |
19 | Clear and appropriate procedures are in place for situations where the authority to which a request is directed does not have the requested information. This includes an obligation to inform the requester that the information is not held and to refer the requester to another institution or to transfer the request where the public authority knows where the information is held. | Score: 1 point for information not held, 1 for referrals or 2 for transfers | 2 | NO | 0 | N/A | Not mentioned |
3. Requesting Procedures |
20 | Public authorities are required to comply with requesters’ preferences regarding how they access information, subject only to clear and limited overrides (e.g. to protect a record). | Score: 2 points for Yes, only 1 point if some limitations | 2 | NO | 0 | N/A | Not mentioned |
3. Requesting Procedures |
21 | Public authorities are required to respond to requests as soon as possible. | Score: No=0, Yes=2 points | 2 | YES | 2 | 11(1) A public or private institution, civil society organizations, and others must respond to a request for information within the shortest possible time limits that should not exceed two weeks from the date of submitting the application. | |
3. Requesting Procedures |
22 | There are clear and reasonable maximum timelines (20 working days or less) for responding to requests, regardless of the manner of satisfying the request (including through publication). | Score: 1 point for timeframes of 20 working days (or 1 month, 30 days or 4 weeks). Score 2 points for 10 working days (or 15 days, or two weeks) or less. | 2 | YES | 2 | 11(1) A public or private institution, civil society organizations, and others must respond to a request for information within the shortest possible time limits that should not exceed two weeks from the date of submitting the application. (2) If the submitted application contains information necessary to protect the life or freedom of a individual, the public institution must submit the information requested immediately to the applicant in a period not exceeding two days from the date of receipt of the application. | |
3. Requesting Procedures |
23 | There are clear limits on timeline extensions (20 working days or less), including a requirement that requesters be notified and provided with the reasons for the extension. | - | 2 | YES | 2 | 11(1) A public or private institution, civil society organizations, and others must respond to a request for information within the shortest possible time limits that should not exceed two weeks from the date of submitting the application. | No extensions |
3. Requesting Procedures |
24 | It is free to file requests. | Score: No=0, Yes=2 points | 2 | Partially | 1 | N/A | Not mentioned but some benefit of doubt given |
3. Requesting Procedures |
25 | There are clear rules relating to access fees, which are set centrally, rather than being determined by individual public authorities. These include a requirement that fees be limited to the cost of reproducing and sending the information (so that inspection of documents and electronic copies are free) and that a certain initial number of pages (at least 20) are provided for free. | Score 1 point for fees being limited to reproduction and delivery costs and set centrally, 1 point for at least 20 pages free of charge or for fees being optional | 2 | NO | 0 | 10(g) g) The public institution can impose fees with the approval of the Commissioner reflecting the cost of providing or preparing the information requested. | Not really centrally set, not limited to reproduction and delivery and no free copies provided for. |
3. Requesting Procedures |
26 | There are fee waivers for impecunious requesters. | - | 2 | NO | 0 | N/A | Not mentioned |
3. Requesting Procedures |
27 | There are no limitations on or charges for reuse of information received from public bodies, except where a third party (which is not a public authority) holds a legally-protected copyright over the information. | Score: No=0, Yes=2 points | 2 | NO | 0 | N/A | Not mentioned |
4. Exceptions & Refusal |
28 | The standards in the RTI Law trump restrictions on information disclosure (secrecy provisions) in other legislation to the extent of any conflict. | Score 4 points for a resounding "yes" and 1/2/3 points if only for some classes of information or for some exceptions. If the state secrets law is not trumped by the RTI law max score is 2 points. | 4 | NO | 0 | 2. Classified information means any information that is secret in nature in accordance with the provisions of effective laws; 12. Disclosure of information relating to the following shall be excepted from the implementation of the provisions of this law:( a) Secrets and documents protected by virtue of any other legislation, (b) The documents classified as confidential and privileged, 17. The provisions of this law shall supersede any other law that conflicts therewith to the extent that would eliminate this inconsistency. | The RTI law does override other laws, but then it clearly preserves secrets from other laws. |
4. Exceptions & Refusal |
29 | The exceptions to the right of access are consistent with international standards. Permissible exceptions are: national security; international relations; public health and safety; the prevention, investigation and prosecution of legal wrongs; privacy; legitimate commercial and other economic interests; management of the economy; fair administration of justice and legal advice privilege; conservation of the environment; and legitimate policy making and other operations of public authorities. | Score 10 points and then deduct 1 point for each exception which either (a) falls outside of this list and/or (b) is more broadly framed | 10 | Partially | 7 | Disclosure of information relating to the following shall be excepted from the implementation of the provisions of this law: … (b) The documents … that are obtained in agreement with another state, (c) Secrets relating to national defense or state security, or its foreign policy if fifty years has not passed since their creation, (d) Information that contains an analysis, recommendations, proposals or consultations submitted before a decision has been made regarding them, and this includes correspondence and information exchanged between the concerned parties in that matter, (e) Personal information and files, and those relating to people’s educational or medical records, employment records, accounts, bank transfers, or professional secrets, and information of a commercial, industrial or economic nature relating to the procedures of tenders, or scientific or technical research the disclosure of which leads to the infringement of copyright, intellectual property or fair and legitimate competition, or leads to unlawful profit or loss for any person, (f) Correspondence of personal and secret nature, whether by mail, telegram, telephone or any other technological means, (g) Information the disclosure of which leads to influencing any ongoing negotiations, (h) Investigations conducted by judicial bodies or security bodies relating to any crime or case within their jurisdiction, in addition to the investigations conducted by the competent authorities to uncover financial and customs or bank violations if the relevant body does not authorize their disclosure, (i) Any information obtained by the public institution from another institution privately and in confidence, (j) Information that contains trade secrets or information that may lead to commercial damages, (k) Any information that have a date of publication already established for the current year. | Relating to foreign policy, obtained from another institution privately and in confidence (but without any conditions) and to be published in the current year (which could be up to a year from the date of a request) |
4. Exceptions & Refusal |
30 | A harm test applies to all exceptions, so that it is only where disclosure poses a risk of actual harm to a protected interest that it may be refused. | Score 4 points and then deduct 1 point for each exception which is not subject to the harm test | 4 | NO | 0 | Disclosure of information relating to the following shall be excepted from the implementation of the provisions of this law: … (b) The documents … that are obtained in agreement with another state, (c) Secrets relating to national defense or state security, or its foreign policy if fifty years has not passed since their creation, (d) Information that contains an analysis, recommendations, proposals or consultations submitted before a decision has been made regarding them, and this includes correspondence and information exchanged between the concerned parties in that matter, (e) Personal information and files, and those relating to people’s educational or medical records, employment records, accounts, bank transfers, or professional secrets, and information of a commercial, industrial or economic nature relating to the procedures of tenders, or scientific or technical research the disclosure of which leads to the infringement of copyright, intellectual property or fair and legitimate competition, or leads to unlawful profit or loss for any person, (f) Correspondence of personal and secret nature, whether by mail, telegram, telephone or any other technological means, (g) Information the disclosure of which leads to influencing any ongoing negotiations, (h) Investigations conducted by judicial bodies or security bodies relating to any crime or case within their jurisdiction, in addition to the investigations conducted by the competent authorities to uncover financial and customs or bank violations if the relevant body does not authorize their disclosure, (i) Any information obtained by the public institution from another institution privately and in confidence, (j) Information that contains trade secrets or information that may lead to commercial damages, (k) Any information that have a date of publication already established for the current year. | Obtained from other States; relating to defence, security or foreign policy; analysis and recommendations before a decision has been made; influencing ongoing negotiations; investigations by judicial bodies or to uncover financial violations |
4. Exceptions & Refusal |
31 | There is a mandatory public interest override so that information must be disclosed where this is in the overall public interest, even if this may harm a protected interest. There are ‘hard’ overrides (which apply absolutely), for example for information about human rights, corruption or crimes against humanity. | Consider whether the override is subject to overarching limitations, whether it applies to only some exceptions, and whether it is mandatory. | 4 | NO | 0 | N/A | Not mentioned |
4. Exceptions & Refusal |
32 | Information must be released as soon as an exception ceases to apply (for example, after a contract tender process decision has been taken). The law contains a clause stating that exceptions to protect public interests do not apply to information which is over 20 years old. | Score 1 point for each | 2 | NO | 0 | 12(c) Secrets relating to national defense or state security, or its foreign policy if fifty years has not passed since their creation, | Only for defence, security and foreign policy and then 50 years |
4. Exceptions & Refusal |
33 | Clear and appropriate procedures are in place for consulting with third parties who provided information which is the subject of a request on a confidential basis. Public authorities shall take into account any objections by third parties when considering requests for information, but third parties do not have veto power over the release of information. | Score: 1 point for consultation, 1 further point if original time frames must be respected and the law allows for expedited appeals. | 2 | NO | 0 | N/A | Not mentioned |
4. Exceptions & Refusal |
34 | There is a severability clause so that where only part of a record is covered by an exception the remainder must be disclosed. | Score 1 point if yes but sometimes can be refused (eg: if deletions render meaningless the document) and 2 points if partial access must always be granted | 2 | NO | 0 | N/A | Not mentioned |
4. Exceptions & Refusal |
35 | When refusing to provide access to information, public authorities must a) state the exact legal grounds and reason(s) for the refusal and b) inform the applicant of the relevant appeals procedures. | Score Y/N: 1 point for a and 1 point for b | 2 | Partially | 1 | 10(f) In the case where the application is rejected, the rejection decision must be reasoned and not responding within the determined time limits is deemed to be a rejection decision, | Reasoned but not the exact legal grounds and no reference to appeals. |
5. Appeals |
36 | The law offers an internal appeal which is simple, free of charge and completed within clear timelines (20 working days or less). | Score 2 points if the internal appeal fulfills these criteria, 1 point if an appeal is offered that does not fulfill this criteria, 0 for no internal appeals. | 2 | NO | 0 | N/A | Not mentioned |
5. Appeals |
37 | Requesters have the right to lodge an (external) appeal with an independent administrative oversight body (e.g. an information commission or ombudsman). | 1 for partial, 2 for yes | 2 | YES | 2 | 5(1)The Commission shall assume the following functions and competences: (c) Examine the complaints lodged by persons requesting access to information and seek to settle these complaints in accordance with the regulations. | Does not state this directly but it is clearly integrated into the functions of the Commission. |
5. Appeals |
38 | The member(s) of the oversight body are appointed in a manner that is protected against political interference and have security of tenure so that they are protected against arbitrary dismissal (procedurally/substantively) once appointed. | Score: 1 point for appointment procedure, 1 point for security of tenure | 2 | NO | 0 | 4(2) The Commission shall include one full-time commissioner and seven members with the necessary expertise, skills and competence on a part-time basis. (3) The Commission is subject to the oversight of the competent minister. 6. The Council of Ministers appoints a commissioner from among those with the necessary expertise and competence, based on a recommendation from the competent minister, to perform the duties, implement the jurisdiction and exercise the powers stipulated in this law, and the decision shall define his allocations. 7. The Commissioner shall oversee operational activities relating to the enforcement of the right to access information and oversight, and, without prejudice to what to the above, the commissioner shall have the following competences: (j) Implement and follow on the decisions and directives of the competent minister; 19. The Commissioner shall issue, with the approval of the competent minister, the necessary regulations and orders to implement the provisions of this law. | Tenure is not mentioned and the appointments are done by government. |
5. Appeals |
39 | The oversight body reports to and has its budget approved by the parliament, or other effective mechanisms are in place to protect its financial independence. | Score 1 point for reports to parliament, 1 point for budget approved by parliament | 2 | Partially | 1 | 5(1)The Commission shall assume the following functions and competences: (g) Prepare the proposals of the annual budget and submit them to the competent minister for approval and ratification; 14. The financial resources of the Commission are made up of: (a) The appropriations allocated by the State, (b) Contributions from institutions and individuals, (c) The funds it obtains as a result of the services it renders, (d) Any other resources accepted by the Commission with the approval of the competent minister. 15. The Commission shall have an independent budget to be set in accordance with sound accounting principles decided by the State, and the Commission must submit to the relevant bodies before the end of each financial year the annual budget containing the revenues and expenses for the following financial year for approval. 16(1) The Commission shall keep its accounts and books in accordance with the Financial and Accounting Procedures Law of 2007. (1) The National Audit Chamber or the entity delegated shall audit the Commission’s accounts. (2) The Commission shall submit the annual report and the report of the national auditor to the Council of Ministers. | Limited protection for the independence of the budget. |
5. Appeals |
40 | There are prohibitions on individuals with strong political connections from being appointed to this body and requirements of professional expertise. | Score 1 point for not politically connected, 1 point for professional expertise | 2 | NO | 0 | N/A | Not mentioned |
5. Appeals |
41 | The independent oversight body has the necessary mandate and power to perform its functions, including to review classified documents and inspect the premises of public bodies. | Score 1 point for reviewing classified documents, 1 point for inspection powers | 2 | YES | 2 | 13. 1) For the purposes of the Commissioner performing his functions, he shall enjoy the following powers: (a) Access to periodic reports from the entities specified in this law upon his request, (b) The right to enter any public institution and inspect its records, papers any proof relating to the requested information, (c) Question any employee with the aim of accessing the requested information, (d) Question any person who has concealed, destroyed, falsified or altered information in a way that misrepresents it with the intention of evading submitting it to those requesting it. (2) The Commissioner shall, in accordance with the regulations by virtue of a decision issued by him, determine the following: (d) The power to enter and inspect, and its procedures, | Not entirely clear on power to obtain documents but benefit of doubt given. |
5. Appeals |
42 | The decisions of the independent oversight body are binding. | Score N=0, Y=2 points | 2 | YES | 2 | 8. The decisions of the Commissioner or of any of his committees may be appealed with the competent minister within two weeks, and the applicant may resort to the judiciary to appeal the competent minister’s decisions within two months from notification of the decision. 13(2) The Commissioner shall, in accordance with the regulations by virtue of a decision issued by him, determine the following: (b) Enforcement orders within the time limit defined in the regulations, (c) Compliance with the Commissioner’s notifications and warnings, | Seem to be binding although an appeal lies to the Minister |
5. Appeals |
43 | In deciding an appeal, the independent oversight body has the power to order appropriate remedies for the requester, including the declassification of information. | 1 for partial, 2 for fully | 2 | Partially | 1 | N/A | Not mentioned but some benefit of doubt given. |
5. Appeals |
44 | Requesters have the right to lodge a judicial appeal. | 1 for partially, 2 for fully. | 2 | YES | 2 | 8. The decisions of the Commissioner or of any of his committees may be appealed with the competent minister within two weeks, and the applicant may resort to the judiciary to appeal the competent minister’s decisions within two months from notification of the decision. | |
5. Appeals |
45 | Appeals to the oversight body (where applicable, or to the judiciary if no such body exists) are free of charge and do not require legal assistance. | 1 for free, 1 for no lawyer required. | 2 | Partially | 1 | N/A | Not mentioned but some benefit of doubt given. |
5. Appeals |
46 | The grounds for an external appeal are broad (including not only refusals to provide information but also refusals to provide information in the form requested, administrative silence and other breach of timelines, charging excessive fees, etc.). | Score 1 point for appealing refusals, additional points for appealing other violations. | 4 | Partially | 1 | 5(1)The Commission shall assume the following functions and competences: (c) Examine the complaints lodged by persons requesting access to information and seek to settle these complaints in accordance with the regulations. 7. The Commissioner shall oversee operational activities relating to the enforcement of the right to access information and oversight, and, without prejudice to what to the above, the commissioner shall have the following competences: (c) Draft recommendations relating to receiving complaints and procedures for settling, lodging and issuing them; 13(2) The Commissioner shall, in accordance with the regulations by virtue of a decision issued by him, determine the following: (a) The procedures to follow in examining and settling complaints, and organizing appeals, and the time limits for completing them, | Does not really indicate the scope of complaints. Perhaps it will be in the procedures. |
5. Appeals |
47 | Clear procedures, including timelines, are in place for dealing with external appeals. | Score 1 point for clear procedures, 1 point for timelines. | 2 | NO | 0 | 7. The Commissioner shall oversee operational activities relating to the enforcement of the right to access information and oversight, and, without prejudice to what to the above, the commissioner shall have the following competences: (c) Draft recommendations relating to receiving complaints and procedures for settling, lodging and issuing them; 13(2) The Commissioner shall, in accordance with the regulations by virtue of a decision issued by him, determine the following: (a) The procedures to follow in examining and settling complaints, and organizing appeals, and the time limits for completing them, | No procedures yet. |
5. Appeals |
48 | In the appeal process, the government bears the burden of demonstrating that it did not operate in breach of the rules. | Score Y/N and award 2 points for yes. | 2 | NO | 0 | N/A | Not mentioned |
5. Appeals |
49 | The external appellate body has the power to impose appropriate structural measures on the public authority (e.g. to conduct more training or to engage in better records management) | 1 for partial, 2 for fully. | 2 | NO | 0 | N/A | Not mentioned |
6. Sanctions & Protections |
50 | Sanctions may be imposed on those who wilfully act to undermine the right to information, including through the unauthorised destruction of information. | Score 1 point for sanctions for underming right, 1 point for destruction of documents | 2 | YES | 2 | 18. 1) Any person who deliberately undertakes the following shall be deemed to be a perpetrator of a crime: (a) Prevent access to or obtaining any information by virtue of the provisions of this law, (b) Destruction, alteration, falsification, deletion, with or without purpose, of information or documents from a competent authority. (2) Any person who violates the provisions of this law or the regulations issued under it shall be punished with imprisonment for a term not exceeding two years, a fine, or both punishments. | Broad grounds for obstructing access |
6. Sanctions & Protections |
51 | There is a system for redressing the problem of public authorities which systematically fail to disclose information or underperform (either through imposing sanctions on them or requiring remedial actions of them). | Score 1 point for either remedial action or sanctions, 2 points for both | 2 | NO | 0 | N/A | Not mentioned |
6. Sanctions & Protections |
52 | The independent oversight body and its staff are granted legal immunity for acts undertaken in good faith in the exercise or performance of any power, duty or function under the RTI Law. Others are granted similar immunity for the good faith release of information pursuant to the RTI Law. | Score 1 for oversight body, 1 for immunity for others | 2 | NO | 0 | N/A | Not mentioned |
6. Sanctions & Protections |
53 | There are legal protections against imposing sanctions on those who, in good faith, release information which discloses wrongdoing (i.e. whistleblowers). | Score 2 for strong protections, 1 for moderate protections | 2 | NO | 0 | N/A | Not mentioned |
7. Promotional Measures |
54 | Public authorities are required to appoint officials (information officers) or units with dedicated responsibilities for ensuring that they comply with their information disclosure obligations. | Score Y/N, Y=2 points | 2 | YES | 2 | 9(2) Each public institution must appoint an employee specializing in information to be called “information officer” and to be in responsible for the following: (a) The necessary powers for searching for and accessing the requested information, (b) Examining the requests for access to information, (c) Maintain and preserve of information, (d) Publish the procedures, forms and the required fees with the approval of the Commissioner to facilitate access to them. | |
7. Promotional Measures |
55 | A central body, such as an information commission(er) or government department, is given overall responsibility for promoting the right to information. | Score Y/N, Y=2 points | 2 | YES | 2 | 3. The Commission aims to ensure the right of access to: (1) Information maintained by State bodies in accordance with the various levels of government of any person or any party that requests it with exceptions applied only in an exclusive and specific manner. (2) Ensure and facilitate the citizen’s right to access information, and expand and exercise the principles of rights and freedoms. (3) Reinforce the essential components of transparency, distribute opportunities of active and responsible participation and enable the society to build its capacities. See also Articles 5 and 7 | General promotional role for the Commission. |
7. Promotional Measures |
56 | Public awareness-raising efforts (e.g. producing a guide for the public or introducing RTI awareness into schools) are required to be undertaken by law. | Score Y/N, Y=2 points | 2 | YES | 2 | 3. The Commission aims to ensure the right of access to: ... (2) Ensure and facilitate the citizen’s right to access information, and expand and exercise the principles of rights and freedoms. 5.(1) The Commission shall assume the following functions and competences: (d) Foster and disseminate a culture of access to information, and undertake the appropriate activities to explain and reinforce the culture of access to information. | No direct obligation to raise awareness but seems to be implicit in these obligations. |
7. Promotional Measures |
57 | A system is in place whereby minimum standards regarding the management of records are set and applied. | Score Y/N, Y=2 points | 2 | Partially | 1 | 7(1) The Commissioner shall oversee operational activities relating to the enforcement of the right to access information and oversight, and, without prejudice to what to the above, the commissioner shall have the following competences: (e) Provide advice and counsel to the institutions concerned by this law on how to store and archive data and information, and compel them to act on them; | Not a proper records management system although it does seem that the Commission can compel bodies to respect its standards |
7. Promotional Measures |
58 | Public authorities are required to create and update lists or registers of the documents in their possession, and to make these public. | Score Y/N, Y=2 points | 2 | NO | 0 | N/A | Not mentioned |
7. Promotional Measures |
59 | Training programs for officials are required to be put in place. | Score Y/N, Y=2 points | 2 | Partially | 1 | 5(1)The Commission shall assume the following functions and competences: (d) Foster and disseminate a culture of access to information, and undertake the appropriate activities to explain and reinforce the culture of access to information. | Some role for the Commission in promoting a culture of access; weak but one point given. |
7. Promotional Measures |
60 | Public authorities are required to report annually on the actions they have taken to implement their disclosure obligations. This includes statistics on requests received and how they were dealt with. | Score Y/N, Y=2 points | 2 | NO | 0 | N/A | Not mentioned |
7. Promotional Measures |
61 | A central body, such as an information commission(er) or government department, has an obligation to present a consolidated report to the legislature on implementation of the law. | Score Y/N, Y=2 points | 2 | YES | 2 | 5.(1) The Commission shall assume the following functions and competences: (g) Ratify the annual report about its activities submitted by the Commissioner and refer it to the competent minister. 7. The Commissioner shall oversee operational activities relating to the enforcement of the right to access information and oversight, and, without prejudice to what to the above, the commissioner shall have the following competences: (i) Draft an annual report in December of each year about the Commission’s activities in the ending year, to be adopted by the competent minister to be a reference for the Commission’s work, with a copy sent to the competent minister and all the parties represented in the Commission; |
