copy the linklink copied!Chapter 6. The evolution of the right to access information
First, this chapter looks at developments in the political situation that have favoured the right to access information, and at times its constitutionalisation, in certain MENA region countries. It then considers that Jordan, Lebanon, Morocco, and Tunisia have signed international conventions containing provisions regarding the right to access information, and that they cooperate actively with international organisations in this field. Lastly, it observes that the recent legal changes in these countries have not always simplified the right to access information, which remains insufficiently applied by the government and poorly used by citizens and civil society.
The four MENA region countries in question have signed three international conventions containing provisions on the right to access information, even though the direct applicability of these conventions in the national legal systems has not been established. These countries also cooperate actively with international organisations in favour of the right to access information. These organisations have advocated consistently for a greater enactment of this right, which had long been ignored in most MENA region countries and which was vigorously reclaimed by civil society during the Arab spring. Since 2011, significant transformations in national laws on the right to information have taken place, some of which have even entered countries’ constitutions. However, these changes do not appear to have simplified the right to access information, which is still not adequately observed by entities obligated to communicate information, and not well known or exercised by citizens and civil society.
copy the linklink copied!6.1. The national political situations
6.1.1. Before the revolutions
Before the revolutionary cycle of 2011, the status of access to information was not favourable in Arab countries (Schenkelars et al., 2004). Most of these countries did not have a law on the freedom of the exchange of information (Canavaggio, 2014). When such a law existed, a slew of provisions penalised the availability, sharing, and publication of information without the authorisation of the responsible authorities1. Moreover, administrative practices did not favour the exercise of this right. In general, during the period from 2007 to 20112, legislation on access to information was barely known or exercised in these countries3, and there was little public transparency or information that was made available.
In Tunisia, Organic Law No. 2004-63 of 27 July 2004 on the protection of personal information, which is still in force, already provided that everyone enjoys the fundamental, constitutionally guaranteed right to the protection of personal information pertaining to his privacy, and that this data is processed with transparency, good faith, and in respect of human dignity. According to the terms of Article 32 of this same law, people have access to personal data that concerns them. Articles 15-17 of Law No. 88-95 of 2 August 1988 provide that public archives can only be communicated after 30 years, after 60 years when these archives specifically concern privacy and national defence, and 100 years after someone’s birth in the case of medical or personal files.
Tunisian administrative law of this same period, which is still in effect, strictly organised the protection of confidential documents and government information. Article 7 of the general statute of personnel of the state, local governments and public establishments of an administrative nature establishes an obligation to professional secrecy and strictly regulates its lifting. This obligation is reasserted in Articles 109 and 253 of the Tunisian Criminal Code. In application of these articles, a public official who communicates any document that he comes to know through his work to the detriment of the state or private persons faces one year in prison, and anyone who unduly discloses the contents of a letter, telegram, or any other document belonging to someone else faces three months of imprisonment (OECD, 2013). Moroccan administrative law also posits the principle of a prohibition for public officials and agents to provide information or to communicate pieces of information or government documents to others4.
However, this situation was not entirely homogeneous from a legal standpoint. In 2007, Jordan became the first Arab country to pass a law guaranteeing the right to access documents held by public bodies (Mendel, 2016). In parallel, a certain number of significant laws began to point in this direction, specifically: the law requiring that a public inquiry be opened before making an administrative decision (provisions regarding historic buildings, urban planning and expropriation laws, laws on environmental impact studies, laws and regulations permitting access and receipt of copies of government documents, municipal charters, the law on the establishment of electoral lists, the law on archives, and the decree on government contracts); various provisions regarding the Press Code; laws on the delegated management and the grounds for unfavourable government decisions; the Commercial Code; and the decree on the publication of drafts laws and regulations. Practices differed from one country to the next. In Morocco, for example, a number of government administrations used to make documents available to the public in the form of studies, reports, circulars, and statistics in documentation centres or government libraries, or via electronic means5.
6.1.2. The post-revolutionary evolution
The revolutions that took place throughout the MENA region in 2011 created a climate that favoured the right to access information (Almadhoun, 2015). A greater transparency on the part of the authorities and the state, as well as easier access to the information held by the government occupied a primary place in the demands that people made during these events. These claims led to crucial developments in the laws and government practices of some states.
For example, at the outcome of the revolution, the new Tunisian authorities adopted Decree-Law No. 2011-41 of 26 May 2011 on access to government documents held by public bodies, which was amended and supplemented by Decree-Law No. 2011-54 of 11 June 2011. This legislation upheld the right of citizens to access government documents held by public bodies, and it promoted the government’s proactive communication of important information. It obligated the government to communicate documents proactively at the interested party’s request. The right of access concerns all documents and applies to all individuals and legal entities. The law provided a broad definition of government documents subject to the right of access. Public bodies became obligated to publish available information on a regular basis, and on as wide a scale as possible. They were given a two-year period to apply the law in full.
copy the linklink copied!6.2. The constitutional basis for the right to information
The constitutions of many Arab countries now provide specific guarantees for the right to access information (UNESCO, 2015). Jordan’s Constitution of 1952 and Lebanon’s Constitution of 1926 do not make explicit reference to the right to access information, but the constitutions of Morocco and Tunisia, which were promulgated after the Arab Spring, explicitly refer to this right.
6.2.1. The lack of an explicit mention of the right to access information in the Jordanian and Lebanese Constitutions
The Jordanian and Lebanese Constitutions mention the freedom of opinion and of addressing the authorities. Article 15 of Jordan’s Constitution of 1 January 1952 provides that: “1. The State shall guarantee freedom of opinion. Every Jordanian shall be free to express his opinion by speech, in writing, or by means of photographic representation and other forms of expression, provided that such does not violate the law. 2. Freedom of the press and publications shall be ensured within the limits of the law. 3. Newspapers shall not be suspended from publication nor shall their permits be revoked except in accordance with the provisions of the law. 4. In the event of the declaration of martial law or a state of emergency, a limited censorship on newspapers, publications, books and broadcasts in matters affecting public safety and national defence may be imposed by law. 5. Control of the resources of newspapers shall be regulated by law”. Article 13 of the Lebanese Constitution declares that “The freedom to express one's opinion orally or in writing, the freedom of the press, the freedom of assembly, and the freedom of association shall be guaranteed within the limits established by law”6. These two documents show that the right to access information is not a constitutional freedom that has been explicitly provided in Jordan or Lebanon.
6.2.2. The promotion of the right to information in the Moroccan and Tunisian Constitutions
The Moroccan Constitution, which was promulgated on 29 July 20117, established a new form of dualist, parliamentary monarchy that profoundly redefined the king’s powers and the organisation of the executive branch and its relationship with the Parliament. The document proclaims a long list of rights and freedoms, as well as the State’s commitment to guaranteeing them (Bendourou, 2014). It consecrates the primacy of international law, the constitutionalisation of universally recognised human rights, establishes the objection of unconstitutionality, and consecrates the independence of the judiciary. It serves to assert a democratic nation based on the rule of law8. Article 27 guarantees: “the right to access information held by the government administrations, institutions of elected officials, and bodies fulfilling a mission of public service”.
The Tunisian Constitution of 26 January 2014 replaced Constitutional Law No. 6-2011 of 16 December 2011 on the provisional organisation of government, which recognised the suspension of the June 1959 Constitution. This new document is based on the principle that the rule of law represents the best protection against the abuse of power. It also seeks to strengthen and perfect a nation based on the rule of law. Consequently, the constitutional scope has been more diverse than in the past. Moreover, the creation of a constitutional court creates a mechanism for constitutional oversight that is accessible to citizens, which gives them the possibility of demanding the repeal of laws that infringe on their rights and freedoms9.
The Tunisian Constitution of 26 January 2014 discusses the freedom of information extensively. Article 15 provides that the government remains at the service of citizens and the general interest, and that it is organised and acts in obedience to the rules of transparency, integrity, efficiency, and accountability. Article 31 guarantees the freedom of opinion, thought, expression, information, and publication. These freedoms cannot be restricted in any way. Article 32 adds that the state guarantees the right to information and the right to access information. Lastly, the state works to guarantee the right to access communication networks10.
6.2.3. The foreseeable participation of certain constitutional institutions in the right to access information
The Moroccan and Tunisian Constitutions are characterised by the creation of independent authorities responsible for protecting and developing rights. In Morocco’s Constitution, this creation seeks to separate the executive, the legislative, and the judiciary, and to limit the spheres of influence of the three branches11. Tunisia’s 2014 Constitution also established such institutions, including five independent constitutional authorities12.
It should be noted that these constitutional institutions, like those in other countries, could play a role in access to information. For example, in Tunisia, the members of the Independent High Authority for Audio-Visual Communication (HAICA) asked the authors of the Constitution to limit the jurisdiction of the Audio-Visual Communication Authority set forth in Article 127 of its Charter to the media sector, thereby guaranteeing the coherence of its activities. Consequently, they requested the withdrawal of the provisions from the draft constitution that granted Audio-Visual Communication Authority control over access to information, which gave it jurisdiction over government documents under Article 32 of the Constitution. Based on the interpretation they will make of their attributions and the legislation they will apply, the authorities responsible for good governance set forth in Articles 161-170 of Morocco’s Constitution may also be able to play a role in access to information. In fact, the attributions of the National Authority on Probity, the Prevention, and the Fight against Corruption (Art. 36 and 167), the National Human Rights Council (Art. 161), the Ombudsman’s Institution (Art. 162), and the High Audio-Visual Communication Authority (Art. 165) could lead them to deal with this issue in a subsidiary manner.
The interventions by these authorities could have a non-negligible impact. Article 159 of the Moroccan Constitution specifically provides that these authorities are independent and enjoy the support of state bodies. Article 65 of Tunisia’s Constitution states that the five independent, constitutional authorities have a legal personality and financial and administrative independence. It specifies that their missions seek to “strengthen democracy” by monitoring observance of the laws and the Constitution, and that all state institutions are obligated to facilitate the exercise of their missions. Lastly, these authorities possess the right to issue recommendations, review texts that enter into their area of jurisdiction, and present their Annual Report to the Assembly of the People, to which they are responsible.
copy the linklink copied!6.3. The international context
The four MENA region countries studied in this report have participated in the development of international law instruments, some of whose provisions concern the right to access information. They are also active members of international forums active in this domain.
International conventions
These four countries are bound by three international conventions that provide for the right to access information to different degrees. The first is the International Covenant on Civil and Political Rights, which entered into effect in 1976. Its Article 19 set forth the right to freedom of expression, which “shall include freedom to seek, receive and impart information and ideas of all kinds, regardless of frontiers, either orally, in writing or in print, in the form of art, or through any other media of his choice”. It specifies that this right “may therefore be subject to certain restrictions, but these shall only be such as are provided by law.” These restrictions traditionally include the observance of the rights or reputation of others, the safeguarding of national security, public order, public health or morals.
The United Nations Convention against Corruption argues for “public distribution of information relating to procurement procedures and contracts, including information on invitations to tender and relevant or pertinent information on the award of contracts” (Art. 9). More specifically, Article 10 provides that the State must “take such measures as may be necessary to enhance transparency in its public administration, including with regard to its organization, functioning and decision-making processes, where appropriate”. This may take several forms, specifically: “a) Adopting procedures or regulations allowing members of the general public to obtain, where appropriate, information on the organization, functioning and decision-making processes of its public administration and, with due regard for the protection of privacy and personal data, on decisions and legal acts that concern members of the public; (b) Simplifying administrative procedures, where appropriate, in order to facilitate public access to the competent decision-making authorities; and (c) Publishing information, which may include periodic reports on the risks of corruption in its public administration.” Lastly, Article 13 of the Convention provides that the state commits specifically to “ensuring that the public has effective access to information” and to “respecting, promoting and protecting the freedom to seek, receive, publish and disseminate information concerning corruption”. Lastly, Article 13 of the Convention of the Rights of the Child provides that: “1. The child shall have the right to freedom of expression; this right shall include freedom to seek, receive and impart information and ideas of all kinds, regardless of frontiers, either orally, in writing or in print, in the form of art, or through any other media of the child's choice. 2. The exercise of this right may be subject to certain restrictions, but these shall only be such as are provided by law and are necessary: (a) For respect of the rights or reputations of others; or (b) For the protection of national security or of public order, or of public health or morals”.13
Jordan and Lebanon have ratified the Arab Charter of Human Rights of 2004. Article 32 of this instrument states that “a. this Charter guarantees the right to information and freedom of opinion and expression, and the right to search for, receive, and distribute information through any means, without any consideration of geographic borders; b. these rights and freedoms are exercised in the context of the fundamental principles of society, and they are subject only to those restrictions necessary for the observance of the rights and reputation of others, and the protection of national security, public order, public health, and public morals”.14
6.3.1. International forums
Several international forums play an active role in promoting the right to access information. Jordan, Lebanon, Morocco, and Tunisia are members of these entities.
The Open Government Partnership
Jordan, Morocco and Tunisia have joined the Open Government Partnership (OGP), an international organisation created in 2011 that seeks to promote more open, transparent government15.
The goal of the OGP is to increase the availability of information and to promote the visibility of government activities at all levels. Members must collect and communicate data on public expenditures and government performance in the area of essential services, and publish the information without delay, using standard formats that citizens can readily comprehend and reuse. They commit to transparency in decision-making and implementing policies, and in providing adequate channels for retroactivity. They agree to implement anti-corruption policies along with mechanisms and practices that favour transparency in the management of public finances and public procurement. They also commit to establishing and maintaining a legal framework for publishing the revenues and assets of their high-ranking officials. Lastly, they work to protect people who report irregularities and they facilitate access to new technologies to encourage a sense of transparency and responsibility among public agents.
The role of the OECD
The OECD occupies an important place in promoting open government in MENA region countries through the MENA-OECD Governance Programme, a cooperative framework created in 2004 and co-chaired by the region’s countries. This initiative seeks to help states respond to requests for transparency from citizens and enterprises, and to modernise national government administrations so that they provide better services. It also seeks to contribute to their sustainable socio-economic development by promoting the sharing of international best practices, OECD recommendations and standards, and the experiences of OECD member countries through bilateral projects, peer reviews, and regional working groups. It conducts Open Government Reviews to formulate recommendations and increase the transparency of governments in their drafting of public policies and provision of services. The OECD has already conducted a review of open government in Morocco (OECD, 2015) and another in Tunisia (OECD, 2016). The regional working group discussed these reviews on an open and innovative government, and they form part of the MENA-OECD Open Government Project. As part of this project, the OECD also offers advisory activities and support for capacity building in the domains of transparency, participation, and accountability.
copy the linklink copied!6.4. Legislation remains complex
Even though the legislation on access to information in Jordan, Tunisia, Lebanon, and Morocco has evolved significantly, it should be noted that it remains complex.
6.4.1. The improvement of the applicable right
The social changes and policies that have come about since 2011 have led to an improvement in the legislation on access to information in Tunisia, Lebanon, and Morocco. In application of Article 65 of the Tunisian Constitution, according to which laws on the organisation of information, the press, and publishing must take the form of an organic law, the Assembly of the Representatives of the People passed an organic law on 24 March 2016 on access to information, which abrogates Decree-Law No. 2011-41 of 26 May 201116.
On 10 February 2017, Lebanon passed the long-awaited Law No. 28 on access to information17, which establishes the principal means of applying the right to access information, and which also established a National Anti-Corruption Commission that acts as an IGAI. However, this law requires a certain number of implementing decrees, especially concerning the composition and the conditions for appointing its members, and the ways in which the Commission exercises its jurisdiction, which have not yet been adopted.
In Morocco, Draft Law No. 31-13 on the right to access information, which was announced in 2010 as part of a programme to fight corruption and filed before the Parliament on 8 June 2016, was finally enacted on 22 February 2018. Lawmakers also adopted the law on the creation of the Archives of Morocco, a national institution that will manage and administer public archives, and which is responsible for establishing the instruments for researching and accessing the archives. Similarly, public information websites have proliferated throughout the country and now form part of the programme egov.ma.
The Moroccan Parliament adopted a law on access to information, which has the following goals:
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1. Encouraging citizen participation in managing the public sphere
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2. Increasing transparency and accountability in public service
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3. Attracting investments and stimulate the economy
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4. Supporting scientific research and expand the field of knowledge
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5. Helping citizens identify and understand the actions of government and to defend their rights
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6. Increasing trust in the relations between the government and its users, and promoting openness on the government’s part about its environment.
Source: Ministry of the Reform of Government and Public Service, “The Moroccan experience of the draft law on the right to access information”, Contribution to the OECD regional workshop on access to information held in Caserta on 18 December 2017.
6.4.2. The complexity of the applicable legal provisions
As can be observed in OECD member countries, the multitude of laws has consequences for the right to access information. Multiple constitutional, legal, or regulatory provisions, especially in certain areas, can have a favourable effect on the exercise of this right, or, to the contrary, they can hamper it. For example, in Jordan, Articles 5-7 of Law No. 10 (1993) on the press and publications justifies the right to access information for journalists, determines the scope of the exercise of this right, and specifies the authorities’ obligation to help journalists in their work (Al-Dabbas, 2008). As regards the protection of personal data, Article 18 of Jordan’s Constitution provides that: “All postal, telegraphic and telephonic communications shall be treated as secret…” Hence, the protection of the relevant data and the necessary limitation of freedom of access to information that circulates through these communication channels. In 2005, this country had a minimum of 13 laws affecting the freedom of the media and access to information. For example, Article 7 of the law on civil status provides that all data included in civil status dossiers is confidential18. Article 37 of the Law on Electronic Transactions also provides that any institution authenticating documents for government or commercial use will be subject to a fine of 50,000 JOD if it reveals confidential information contained in such documents. The Law on Statistics guarantees the confidentiality of information19 in this domain (Almadhoun, 2010).
Several legal texts affect the right to access information in Morocco: the Commercial Code, the Government Contracts Code, the Law on the Press and Publishing, the Law on Archives, the Law on Consumer Protection, the Law on the Status of Journalists, the Law on Data Protection, the Law on Property Conservation, the Law on the Grounds for Government Decisions, and the Decree on the Publication of Draft Laws and Regulations. In particular, the General Statute of Public Service and the Criminal Code provide for significant restrictions on the right to access information. Article 18 of the General Statute of Public Service provides that “all public officials are bound to an obligation to professional discretion regarding any facts and information that he/she comes to know in the exercise of his/her duties. Any deviation or improper communication of official information or documents to third parties is formally prohibited. Aside from those cases provided for by the rules in force, only the authority of the minister for whom the public official works can release him/her from this obligation to discretion or lift the aforementioned prohibition”20. The criminal code also prohibits anyone who comes to know professional secrets in function of his/her permanent or temporary duties from revealing them21. Laws on access to information also address parallel topics: for example, the Lebanese law deals more specifically with the grounds for administrative documents. Consequently, the general right of access to information is often a patchwork of laws that are at times contradictory, and which interact heavily with other laws.
Source: Ministry of the Reform of Government and Public Service, L’expérience marocaine sur le projet de loi sur le droit d’accès à l’information [“The Moroccan experience with the draft law on the right to access information”] Contribution to the OECD regional workshop on access to information, Caserta, 18 December 2017.
copy the linklink copied!6.5. A right that is barely exercised
Most observers agree that the right to access information is barely exercised in the four MENA region countries examined in this report22. This limitation is concomitant with specific legislation involving requests to access information, for example a law on the communication of government inquiries or the opening of archives, or general legislation on access to government documents.
Relevant statistics for the four MENA region countries examined in this report are not available, except for Jordan, in which a circular from November 2012 provides that government administrations must send their statistics on the exercise of the right to access information to the Information Council23. According to these statistics, the annual amount of requests has risen from 2,140 in 2012 to 3,670 in 2015, and most of them received positive responses. It should be noted that requests for access to information in 2016 rose considerably to 12,101.
However, in Jordan, the requirements for data collection seem very general. In particular, the law does not oblige public bodies to produce annual reports on requests for access to information. In 2012, the data comprised 15 bodies that declared 2,286 requests (0.04 % per inhabitant). 95.6% of these requests were satisfied in full. There is no data available on the reasons for the refusal of requests. In 2013, the Jordanian Department of Statistics received the highest number of requests, followed by the Royal Jordanian Geographic Centre, the Meteorology Department, the Social Security Agency, and the National Library. Overall, the law seems poorly known and barely used24.
Across the entire MENA region, citizens, civil society organisations, and journalists are not very aware of the importance of exercising their right to access information, and those who do encounter many difficulties with the processing of their requests. For example, from January to August 2017, the NGO IWatch sent 58 requests for access to information to various Tunisian public institutions; it received responses to only 34% of its requests25.
Public bodies obligated to provide access to information, for example through the appointment of an information officer, experience difficulties in meeting these obligations. They rarely proactively publish information on their websites and they respond with difficulty to requests to access information. For example, in September 2017, the NGO IWatch conducted an inquiry in Tunisia and found, upon examining the various ministry websites, that most of them contained invalid contact information. The organisation also observed that the judiciary structures (such as the administrative and ordinary courts), the offices of the Presidency and the Ministry in charge of Relations with Constitutional Authorities, Civil Society, and Human Rights did not have an official website. It noted that 22 of 27 ministries did not observe the basic requirements of the law on access to information, as stated in its Chapter 7. Likewise, ten ministries had not regularly updated their information, even though the law demands that they do so every three months. IWatch also looked at access to information at the local level, where it found that 134 municipalities (38% according to the old classification) did not have a website26.
Nevertheless, both government administrations and civil society are undertaking initiatives to promote the exercise of the right to information. In Tunisia, for example, the website Marsad Baladia reports on legislation regarding the right to access information and lists the requests made in each governorship, as well as their fate.
There are no overall statistics on appeals against refusals of communication of information for Lebanon, Morocco, and Tunisia, who have recently passed new legislations. Only Jordan provides statistics on the Information Council’s work. In this country, the Council received 51 appeals between 2008 and 2017. Between 2012 and 2017, 353 refusals of communication were issued by the country’s government, compared to 45 appeals to the Council, which represents an appeal rate of 12.7%. The low number of appeals made to the Council seems to be the result of the large number of positive responses from the government, as well as the low level of exercise of the right to access information by citizens.
References
Al-Dabbas, A. (2008), “Right to Access to Information in the Hashemite Kingdom of Jordan”, National Center for Human Rights, Amman. www.nchr.org.jo/english/ModulesFiles/PublicationsFiles/Files/Information-Eng1%20(2).pdf
Almadhoun, S. (2010), “Status of Freedom of Information Legislation in the Arab World”, Open Society Justice Initiative. http://right2info.org/resources/publications/Overview%20of%20FOI%20legislation%20in%20the%20Arab%20World%20-%20SA%20-%2002-06-2010.doc
Almadhoun, S. (2015), “Access to Information in the Middle East and North Africa Region: An overview of recent developments in Jordan, Lebanon, Morocco and Tunisia”, World Bank Group, Washington, D.C., http://documents.worldbank.org/curated/en/931011467994646396/pdf/80668-WP-Almadhoun-ATI-in-MNA-Region-ENGLISH-Box-377295B-PUBLIC.pdf.
Bendourou, O. (2014), Les droits de l’homme dans la constitution marocaine de 2011: débats autour de certains droits et libertés [“Human rights in Morocco’s 2011 Constitution: the debates over certain rights and freedoms”], La Revue des droits de l’homme, 6/2014, https://journals.openedition.org/revdh/907.
Canavaggio, P. (2014), Vers un droit d’accès à l’information publique, Les avancées récentes des normes et des pratiques [“Towards the right to access public information. Recent progress in laws and practices”] UNESCO, Rabat, http://unesdoc.unesco.org/images/0022/002268/226875f.pdf.
Ferrié J.-N. and B. Dupret (2011), La nouvelle architecture constitutionnelle et les trois désamorçages de la vie politique marocaine [“The new constitutional architecture and the three defusings of Moroccan political life”], Confluences Méditerranée 2011/3, No. 78, pgs. 25-34, www.cairn.info/revue-confluences-mediterranee-2011-3-page-25.htm
Mendel, T. (2016), “Analysis of Law No. 47 for the Year 2007, Guaranteeing the Right to Obtain Information”, UNESCO, Amman, http://stmjo.com/en/wp-content/uploads/2016/06/UpdatedJordan.RTI-Analysis.16-05-18LS.pdf.
Lemieux, V. et al. (2015), “Transparency and Open Government: Reporting on the Disclosure of Information”, Journal of Democracy and Open Government, Vol. 7, No. 2, https://jedem.org/index.php/jedem/article/download/392/339
OCDE (2016), Le gouvernement ouvert en Tunisie, Examens de l’OCDE sur la gouvernance publique [“Open government in Tunisia: OECD reviews of public governance”], OECD Publishing, Paris, http://10.1787/9789264227170-fr.
OCDE (2015), Le gouvernement ouvert au Maroc, Examens de l’OCDE sur la gouvernance publique [“Open government in Morocco: OECD reviews of public governance”], OECD Publishing, Paris, http://10.1787/9789264226722-fr.
OCDE (2013), Consolider la transparence budgétaire pour une meilleure gouvernance publique [“Consolidating budget transparency for better public governance”], OECD Publishing, Paris.
Schenkelaars, F and I. Ahmad (2004), “Concept Paper 4, Access to Information, Transparency and Accountability”, Project RAB/01/006: Transparency and Accountability in the Public Sector in the Arab Region,” Division for Public Administration and Development Management, United Nations, http://unpan1.un.org/intradoc/groups/public/documents/un/unpan007714.pdf.
UNESCO (2015), “Assessment of Media Development in Jordan”, UNESCO, Amman, http://unesdoc.unesco.org/images/0023/002344/234425e.pdf.
UNESCO (2014), Accéder à l’information c’est notre droit. Guide pratique pour promouvoir l’accès à l’information publique au Maroc [“Accessing information is our right. A Practical guide to promoting access to public information in Morocco”], UNESCO, Rabat
UNESCO (2011), Vers un droit d’accès à l’information publique au Maroc. Étude comparative avec les normes et les meilleures pratiques dans le monde [“Towards the right to access public information in Morocco. A comparative study with the norms and best practices throughout the world”], UNESCO, Rabat, http://unesdoc.unesco.org/images/0021/002146/214658f.pdf
Notes
← 1. Al Urdun al Jadid Research Center (undated), “Cairo Declaration on the right to access information in the Arab world”, Amman, http://www.meida.org.il/wp-content/uploads/2009/04/Cairo%20Declaration.PDF
← 2. Anti-Corruption Resource Centre, Transparency International and Chr. Michelsen Institute (2012), Tendances en matière de corruption dans la région du Moyen-Orient et de l’Afrique du Nord (MENA) [“Corruption trends in the Middle-East North Africa (MENA) region”], https://www.u4.no/publications/tendances-en-matiere-de-corruption-dans-la-region-du-moyen-orient-et-de-l-afrique-du-nord-mena/pdf.
← 3. Le soir échos, Le droit d’accès à l’information dans la région MENA [“The right to access information in the MENA region”], 19 June 2012, http://www.marocpress.com/fr/le-soir-echos/article-5609.html.
← 4. Article 18 of Dahir No. 1.58.008 of 24 February 1958 on the general statutes of public service (http://www.mmsp.gov.ma/uploads/documents/SGFP.V.Fran%C3%A7aise.pdf). This article distinguishes between professional secrecy, which is regulated and disciplined by the criminal code and which applies to public agents only when a law of provision expressly provides so, and the government’s more general obligation to professional discretion, which formally prohibits the communication of government documents to third parties. See: Harsi, A., Le droit d’accès à l’information au Maroc, état des lieux et perspectives à la lumière de la nouvelle constitution [“The right to access information in Morocco, current and future perspectives in light of the new constitution”], presentation at the international colloquium titled Mise en œuvre des politiques du gouvernement ouvert [“Implementation of open government policies”] held in Rabat, Morocco on 8 November 2012, http://www.mmsp.gov.ma/uploads/file/HARSI_Pr%C3%A9sentation2_8%20Novembre_2012.pps
← 5. Harsi, A., Le droit d’accès à l’information au Maroc, état des lieux et perspectives à la lumière de la nouvelle constitution [“The right to access information in Morocco, current and future perspectives in light of the new constitution”], presentation at the international colloquium titled Mise en œuvre des politiques du gouvernement ouvert [“Implementation of open government policies”] held in Rabat, Morocco on 8 November 2012,
http://www.mmsp.gov.ma/uploads/file/HARSI_Pr%C3%A9sentation2_8%20Novembre_2012.pps
← 6. Constitution of Lebanon adopted on 23 May 1926, the current version in force, as consolidated by the Law of 4 September 2004,
http://www.judicial-ethics.umontreal.ca/en/codes%20enonces%20deonto/documents/Liban_CONSTITUTION.pdf.
← 7. The Constitution, 2011 edition, Dahir No. 1-11-91 of 29 July 2011 promulgating the Constitution, Official Bulletin No. 5964 bis, 30 July 2011, Kingdom of Morocco,
http://www.amb-maroc.fr/constitution/Nouvelle_Constitution_%20Maroc2011.pdf.
← 8. Centre for International Studies (dir. pub.) (2012), La Constitution marocaine de 2011 - Analyses et commentaires [“The Moroccan Constitution of 2011: Analyses and Commentaries”], Librairie générale de droit et de jurisprudence, Paris.
← 9. Martinez, R. (2014), Préparer le statut de l’Instance de bonne gouvernance et de lutte contre la corruption: établir l’autorité constitutionnelle indépendante conformément à l’article 130 de la constitution du 26 janvier 2014 [“Preparing the founding articles of the Authority for Good Governance and the Fight against Corruption: establishing the independent constitutional authority in accordance with Article 130 of the Constitution of 26 January, 2014”] Technical Document, Council of Europe, Strasbourg, https://rm.coe.int/16806d8b4e.
← 10. Government of Tunisia (2015), Constitution of the Republic of Tunisia, Official Journal of the Republic of Tunisia, special number, 20 April 2015, www.legislation.tn/sites/default/files/news/constitution-b-a-t.pdf.
← 11. Ferrié J.-N. and B. Dupret (2011), La nouvelle architecture constitutionnelle et les trois désamorçages de la vie politique marocaine [“The new constitutional architecture and the three defusings in Moroccan political life”] Confluences Méditerranée 2011/3, No. 78, pgs. 25-34, www.cairn.info/revue-confluences-mediterranee-2011-3-page-25.htm; Martinez, R. (2014), Note conceptuelle sur la contribution de l’INLUCC/IBOGOLUCC à l’activité normative nationale relative à la lutte contre la corruption et en faveur de la bonne gouvernance [“Conceptual memo on the contribution of the INLUCC/IBOGOLUCC to the national regulatory activity regarding the fight against corruption and the promotion of good governance”], Council of Europe, Strasbourg, www.coe.int/en/web/corruption/completed-projects/snac1/technical-papers. The following Moroccan institutions should be mentioned: the national Council of Moroccan Languages and Culture (Art. 5); The Authority for Equality and the Fight against all Forms of Discrimination (Art. 19); The Advisory Council on Family and Childhood (Art. 32); The Advisory Council on Youth and Community Action (Art. 33); The National Authority on Probity, the Prevention, and the Fight against Corruption (Art. 36); The Superior Council of Ulamas (Art. 41); The Superior Council of the Judiciary (Art. 113); the Constitutional Court (Art. 129); the State Audit Court (Art. 147); the National Human Rights Council (Art. 161); The Ombudsman’s Institution (Art. 162); the Council of the Moroccan Community Abroad (Art. 163); the High Authority of Audio-Visual Communication (Art. 165); the Anti-Trust Council (Art. 166), and; the Superior Council on Education, Training and Scientific Research (Art. 168).
← 12. Without engaging in an in-depth analysis of the Tunisian Constitution, let us cite the five independent constitutional authorities that carry out a regulatory mission: the Independent Superior Election Authority (Article 126); the Authority for Human Rights and Fundamental Freedoms (Article 128); the Authority for Sustainable Development and the Rights of Future Generations (Article 129); the Authority for Good Governance and the Fight against Corruption (Article 130) and; the Authority for Audio-visual Communication (Article 127).
← 13. United Nations High Commission on Human Rights (1989), Convention on the Rights of the Child, United Nations, Geneva, https://www.ohchr.org/EN/ProfessionalInterest/Pages/CRC.aspx.
← 14. Arab Centre for International Humanitarian Law and Human Rights Education, Arab Charter of the Rights of Man of 2004, https://www.acihl.org/texts.htm?article_id=16.
← 15. Open Government Partnership, www.opengovpartnership.org/ (website).
← 16. Republic of Tunisia, Organic Law No. 2016-22 of 24 March 2016 on the right to access information, Official Journal of the Republic of Tunisia, No. 26, 29 March 2016, www.isggb.rnu.tn/files/loi_accesinfor.pdf.
← 17. Republic of Lebanon, Law No. 28 of 10 February 2017 on access to information, Official Journal of the Republic of Lebanon, No. 8, 16 February 2017, http://jo.pcm.gov.lb/j2017/j8/default.htm.
← 18. Civil Status Law n° 9 (2001) and its amendments, published in the Official Gazette (n° 4480) on 18/3/2001.
← 19. Article 11 of the Department of Statistics Law, http://right2info.org/resources/publications/Overview%20of%20FOI%20legislation%20in%20the%20Arab%20World%20-%20SA%20-%2002-06-2010.doc
← 20. Ministry of the Reform of Government and Public Service, Dahir No. 1.58.008 of 24 February 1958 on the General Statute for Public Service, Kingdom of Morocco, www.mmsp.gov.ma/uploads/documents/SGFP.V.Fran%C3%A7aise.pdf.
← 21. Ministry of the Reform of Government and Public Service, L’expérience marocaine sur le projet de loi sur le droit d’accès à l’information [“The Moroccan experience with the draft law on the right to access information”] Contribution to the OECD regional workshop on access to information, Caserta, 18 December 2017.
← 22. UNESCO (2011), Vers un droit d’accès à l’information publique au Maroc. Étude comparative avec les normes et les meilleures pratiques dans le monde [“Towards the right to access public information in Morocco. A comparative study with the norms and best practices throughout the world”], UNESCO, Rabat, http://unesdoc.unesco.org/images/0021/002146/214658f.pdf; UNESCO (2014), Accéder à l’information c’est notre droit. Guide pratique pour promouvoir l’accès à l’information publique au Maroc [“Accessing information is our right. A practical guide to promoting access to public information in Morocco”], UNESCO, Rabat; Mendel, T. (2016), “Analysis of Law No. 47 for the Year 2007, Guaranteeing the Right to Obtain Information”, UNESCO, Amman, http://stmjo.com/en/wp-content/uploads/2016/06/UpdatedJordan.RTI-Analysis.16-05-18LS.pdf; UNESCO (2015), “Assessment of Media Development in Jordan, based on UNESCO’s Media Development Indicators”, UNESCO, Amman, http://unesdoc.unesco.org/images/0023/002344/234425e.pdf; Mendel, T. (2016), Participant’s Manual, Training Programme on the Right to Information for Jordanian Information Officers, UNESCO, Amman http://stmjo.com/en/wp-content/uploads/2016/06/UpdatedATIManual.Jordan-Officials.16-05-18LS.pdf.
← 23. See “Circular No. (19) for the year 2012 dated 27/11/2012 on the submission of statistics to the Council on requests for the right to information provided to ministries and government departments and public institutions and bodies under Article 9 / a of the law on the right of access to information”.
← 24. Lemieux, V. et al. (2015), “Transparency and Open Government: Reporting on the Disclosure of Information”, Journal of Democracy and Open Government, Vol. 7, No. 2, https://jedem.org/index.php/jedem/article/download/392/339; see also: Worker, J. (2014), “Requests and Appeals Data in Right to Information Systems: Brazil, India, Jordan, Mexico, South Africa, Thailand, United Kingdom, and United States”, Right to Information Working Paper Series, World Bank, https://openknowledge.worldbank.org/handle/10986/22526?locale-attribute=fr.
← 25. IWatch Organisation, Report on Tunisia, 27 September 2017, https://iwatch.tn/ar/article/431 (in Arabic).
← 26. Ibid.
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