The Special Rapporteur on Freedom of Expression and Access to Information (ATI) in Africa has expressed hope in the Government of Malawi's assurance that it will enact Access To Information Bill before the end of this year.
An advocate for (ATI) law, Pansy Tlakula, was in Malawi since Sunday on advocacy mission to Malawi to support the initiative of adoption of ATI law and to appreciate the progress made in the enactment of this long awaited legislation. Among others she had series of meetings with ministers, Civil Society Organizations and members of parliament.
Tlakula says is convinced now that there is renewed commitment of the new government to enact the law which is in the process which is steps closer for tabling in parliament.
“We were promised that the bill will be in parliament before the end of the year." She said, "There are a number of issues that still have to be threshed out from the bill and as we speak the bill is in the hands of Minister of Justice and he will be handing it over to the minister of information who has promised us that he will convene in a week or two a meeting of the task force to look at those contentious issues that are still outstanding and to try and resolve them. And after those issues have been resolved, the bill will then be taken to parliament.”
"I know that Malawians have waited for so many years for this access to information law to be a reality but I can assure you that with engagement that I had in the past four days I leave this country with optimism that the bill will indeed see its way through to parliament" said Tlakula who further mentioned that members of parliament assured that they will overwhelmingly support the bill.
But, the special rapporteur has since encouraged Malawians to continue push further for government to live up to its promise on the law. She therefore reminded promises made by President Professor Peter Mutharika when he campaigned and even in their manifesto of deaire to enact ATI as soon as they get back to power.
"President Mutharika also made similar undertaking when he inaugurated the parliament” she said
“So we were here to encourage him and members of his government to live up to that undertaking" said Tlakula who described her meetings with various officials as "extremely successful"
She continued “I think there is a renewed commitment from government, we have new people in government who have shown commitment to me and I believe what they are saying. I would want to believe that they cannot make these commitments so openly and not deliver on them, and really it is up to the people of this country to go back to them if they don’t deliver on those commitments and to hold them accountable.”
Policy on ATI law was finalised in January 2014 and the Drafted bill was taken to minister of Justice.
Malawi has been struggling for more than 10 years to have Access to Information law and promises were made by governments to adopt the law.
16 countries in Africa have ATI law, the latest being Mozambique
Chairperson for MISA Malawi is Now Excited
MISA Malawi chairperson Thom Khanje considers this high level advocacy mission as timely and imperative in the country’s efforts to have legislation on ATI."
The visit by the Special Rapporteur does not only add impetus to local efforts for Malawi to have legislation on ATI but also demonstrates the importance of ATI in promoting good governance and citizen participation in the democratic process." He said
Khanje also said is happy that after long struggle Malawi Government has shown commitment to enact the law. He a said the law will greatly benefit all Malawians and therefore every Malawian should take part in pushing for the law to be enacted.
The special rapporteur was appointed pursuant to a Resolution of the African Commission on Human and Peoples Rights as adopted at the African Commission’s 38th Ordinary Session on 5th December, 2005.
Among others, the major focus of the rapporteur’s work has been to encourage AU Member States to adopt Access to Information laws which conform to regional and international standards. To that end, the Special Rapporteur led the process for the development of a Model Law on ATI for Africa to assist Member States in the adoption of ATI Laws that are in line with international principles and standards.
The development of the Model Law was a two and a half year long process, which culminated in its adoption by the African Commission in February 2013, and was launched on April 12 during the 53 Ordinary Session of the African Commission which took place from 9 to 23 April 2013 in Banjul, Gambia.
Malawi is one of the country’s that has used the Model Law in drafting its ATI Bill.
