Civil society and media activists demand approval of draft Access to Information Law

11 Feb 2013

Civil society and media activists demand approval of draft Access to Information Law

KABUL - Civil society and media watchdog organizations urged the Government of Afghanistan today to immediately send the draft Access to Information Law to the parliament for approval in order to ensure “accountability, transparency and good governance” in the Government’s programmes and activities.

Participants at a one-day seminar in Kabul expressed their dismay at the fact that the draft Access to Information Law has been gathering dust for the last one year at the Department of Legislation (Ministry of Justice) despite consistent advocacy by media and civil society organizations.

The seminar was jointly organized by Integrity Watch Afghanistan (IWA), Nai – Supporting Afghanistan Open Media and Afghanistan Justice Organization (AJO) with the participation of Government officials, parliamentarians and media and civil society representatives to discuss the draft law.

The Director of Media Watch at Nai-Supporting Afghanistan Open Media, Sediqullah Tauhidi said that a broad range of information had been kept secret in Afghanistan, thereby keeping the media from playing its noble role.

“Access to Information Law is not only imperative for the development of Government and public services but it is the most important tool for the progress of the media and the civil society, which in turn leads to the overall progress of the Afghan society,” said Mr. Tauhidi.

Sharing the views of Mr. Tauhidi, the Director of IWA, Yama Turabi, said that lack of access to information by citizens had caused weak public oversight, creating breeding ground for corruption.

“Corruption can be eradicated from the society when the activities of public institutions are carried out under public oversight; therefore, access to information is a key to public oversight over public institutions," said Mr. Turabi.

A representative of a civil society umbrella organization, Wazir Ahmed Khurrami, told the participants of the seminar that the existing draft Access to Information Law was prepared after extensive consultations with experts, parliamentarians, media and civil society organizations in four zones of the country including Bamyan, Mazar, Kandahar and Nangarhar.

He said that a joint committee of civil society and Ministry of Information and Culture later prepared the draft law which was presented to the High Council of Media in Afghanistan and after their consideration and approval, the draft was sent to the Ministry of Justice.

“This is the first ever law of Afghanistan which has been prepared by the people through a bottom-up process,” said Mr. Khurrami.

The representative of the Legislative Department of Ministry of Justice, Dr. Hairawi told the seminar participants that the law was currently under review at the Executive Committee and after their approval it would be made public soliciting expert views and comments on its contents.

“Currently the draft law is among the priorities of the Ministry of Justice,” said Dr. Hairawi.

A member of Wolesi Jirga (Lower House), Sayed Hussain Alimi Balkhi, lauded the efforts of civil society for preparation of the draft law. However, he said that the draft law had a plethora of weaknesses. He said there was a need to make 60 to 70 per cent amendments in the draft law.

Mr. Balkhi suggested that a committee comprising experts on legal affairs and civil society organizations should be set up to fundamentally review the draft law and make necessary amendments.

The Article 50 of the Afghan Constitution has a clear provision for Access to Information Law. “The citizens of Afghanistan shall have the right of access to information from state departments in accordance with the provisions of the law. This right shall have no limit except when harming rights of others as well as public security,” says the Article of the Constitution.

Article 34 says the freedom of expression shall be inviolable.

By UNAMA Kabul