Emi MacLean, Open Society Justice Initiativeemaclean@justiceinitiative.org

KNOWLEDGE

IS POWER

Access to Information

…. and Medicines

DISCLAIMER:

A selfish admission….

INFORMATION AS A TOOL, NOT AS THE END!

Transparency to what end?AccountabilitySocial JusticePolicy ChangeAccess to Medicines

KNOWLEDGE

IS POWER

Countering the Secrecy• Pharmaceutical companies with

undue access to, and influence over, WHO processes

• US and UK push to keep WHO out of IP issues

• US strongarms Guatemalan government to impose data protection equivalent to US IP law

• Pfizer attempts to blackmail Nigerian attorney general to drop lawsuits related to drug trial which led to the deaths of children

You don’t need to storm the building or wait for a Wikileaks document dump… 1. Figure out what information would be useful to advance your campaign:

both substance and process.

2. Do the background research to know with specificity what information you need, and what information exists, and to justify your request for information. [Example of “Stop Stock-outs Campaign”.]

3. Determine who has the information and on what grounds you have the right to have access to the information.

4. Ask for the information. Follow up. Follow up again.

5. Bring a legal challenge to get access to the information, if that is strategic – and possible. This should be coupled with media pressure, grassroots activism, and other forms of advocacy.

6. Make use of the information if and when it is available.

WE WANT THE INFORMATION …

… BUT WE ALSO SEE THE STRATEGIC CAMPAIGNING VALUE IN CALLING OUT SECRECY

“THE SECRET TREATY”

Oil find 'enough for Uganda‘- The Guardian

Who will benefit…?

Write down three types of information that your government – or another government – has that you want to know for your advocacy.

(If you’re in South Africa, you can also include information that corporations have that you want to know.)

MAKING THE LAW WORK!

What is the legal basis for the right to information in southern and east Africa?

Treaties & Other Int’l CommitmentsAfrican Charter on Human & Peoples Rights (1986) Article 9(1): Every individual shall have the right to receive information.

Dec of Principles on FOE in Africa (2002) Public bodies hold information … as custodians of the public good

and everyone has a right to access this information, subject only to clearly defined rules established by law.

Principles defining the right to information:

right to information held by public bodies; and by private bodies where necessary for the exercise or protection of a right;

right to appeal to an independent body and/or the courts;

duty to publish important information proactively;

no sanction for good faith release; for release of info re wrongdoing; or disclosure of serious threat to health, safety or environment.

Constitutional Protections 15 countries with explicit guarantee of the right to info

South – DRC, Madagascar, Malawi, Mozambique, South AfricaWest – Burkina Faso, Cameroon, Cape Verde, Ghana, Guinea Bissau, SenegalEast – Eritrea, Kenya, Tanzania, Uganda

19 countries guarantee limited right to “receive info” as part of right to freedom of expression

South – Angola, Botswana, Lesotho, Mauritius, Namibia, Swaziland, Zambia, Zimbabwe

West – Liberia, Mali, Nigeria, Sierra Leone, Togo East, Central and North Africa – Chad, CAR, Ethiopia, Kenya,

Tanzania, Morocco

Setback: Zambian Constitutional Conference deleted RTI from Feb 2010 draft Constitution

Every citizen has a right of access to information in the possession of the state or any other organ or agency of the state except where the release of the information is likely to prejudice the security or sovereignty of the state or interfere with the right to privacy of any other person.

Uganda Constitution (Art. 41)

Right to Info Laws

5 countries South Africa: Promotion of Access to Public Info Act 2000 Uganda: Access to Information Act 2005 Angola: Law on Access to Documents held by Public

Authorities 2006 Ethiopia: Mass Media and Freedom of Information Act 2008 Liberia: Freedom of Information Act 2010

Plus Zimbabwe… Zimbabwe: Access to Information and Protection of Privacy

Act 2002

Laws (continued)

RTI bills not yet law

Nigeria and Sierra Leone - imminent passage expectedRwanda; Sudan; Zambia – bills pendingGhana; DRC; Malawi; Mozambique; Kenya; Tanzania; Algeria; Morocco – bills not yet tabled

Other laws with RTI provisions

Archives LawsEvidence and Administrative CodesCivil and Criminal Procedure CodesAnti-Corruption Extractive Industries Transparency InitiativesEnvironmental Impact Assessment

MORE THAN WORDS…

New laws:

Their significance will be proven by whether and how they are used by the people.

And whether the government is obligated to abide by them.

Some Ways to Advance the Issue

Information Requests to Governments (or in South Africa, to corporations) … and public and media advocacy, parliamentary appeals, etc.

Where needed and desired: litigation before domestic or regional courts

AU Rapporteur on FOE and ATI Monitors and advises states re: compliance with ATI

standards; can make public statements

Civil Society Orgs – Intl & Africa

Africa Freedom of Info Centre (AFIC) – documentation, advocacy campaigns, litigation; www.africafoicentre.org Africa Media Barometer (AMB) on ATI , 46 country reports from 25 countries (2005-

09), www.fesmedia.org Int’l School for Transparency, U of Cape Town, with U of Södertörn, Sweden & ODAC, programs for public servants and other key stakeholders,

www.dgru.uct.ac.za/focus/governance/transparency_school African Network of Constitutional Lawyers (ANCL) Committee on RTI, www.ancl-

radc.org.za Affiliated Network for Social Accountability (ANSA), www.ansa-africa.net ; project

with ODAC in Angola, Uganda, DRC, Zambia; how CSOs and citizens access info; project on EITI and public procurement, with WBI and TI

Africa Governance Monitoring and Advocacy Projects (AfriMAP), monitors and promotes compliance with requirements of good governance, democracy, human rights and rule of law, http://www.afrimap.org

Article 19, www.article19.org Carter Center, www.cartercenter.org/accesstoinformation.html Useful websites: www.freedominfo.org; www.right2info.org

Civil Society Orgs

Engaged in strategic litigation, documentation, advocacy

Southern Africa Southern Africa Litigation Centre, www.salc.org.za Open Democracy Advice Centre (ODAC), www.opendemocracy.org.za Media Institute of Southern Africa (MISA), www.misa.org

East Africa Hurinet, Uganda: www.hurinet.or.ug MISA-Tanzania: http://www.misa.org/chapters/tanzania/misatanzania.html Int’l Commission of Jurists-Kenya, www.icj-kenya.org

West Africa Media Rights Foundation for West Africa, Ghana, www.mediafound.org Citizens Governance Initiative, Cameroon, www.citizensgovernance.org Right2Know Coalition, Nigeria, www.r2knigeria.org/

Information for Better Access to Meds!

Budget monitoringPatents and registrationUse or misuse of funds;

CorruptionTRIPS-plus agreements –

anti-counterfeiting, FTAs, …

WHAT ELSE?