Status of Freedom of Information Legislation in the Arab World

By Said Almadhoun, fellow, Open Society Justice Initiative

February 6, 2010

Introduction

Right to information has recently been on the agenda of the meetings of Arab civil society organizations. In a number of statements and publications, Arab civil society NGOs, media activists, journalists and anti-corruption organizations came together to support the adoption of access to information laws.

Jordan is still the only Arab country to have enacted an Access to Information Law. Bills on the right to information have been debated in Lebanon, Palestine, Kuwait,Yemen, Egypt, Morocco and Bahrain. In July 2008, Arab civil society organizations from Morocco, Jordan, Egypt and Bahrain established the ‘Arab Freedom of Information Network’.

Regional Initiatives

In October 2008, a Civil Society Parallel Forum was convened during the Fifth meeting of the Forum for the Future[1] that was held in Dubai and co-chaired by United Arab Emiratesand Japan. The Parallel Forum’s participants made a number of recommendations on political reform demanding “theannulment of legislative bans on the right to access information, and the endorsement of laws that protect the right to and the freedom of information.”[2]

In January 2009, the first regional conference of the Arab Freedom of Information Network, titled “Information is a Right for All”, was held in Cairo.[3] The meeting was organized by the Egyptian Organization for Human Rights ( EOHR) and the National Council of Human Rights in partnership with the Center of Media Freedom in the Middle East and North Africaand was supported by the Beyster Institute at the University ofCalifornia, San Diego.[4]Participants included media professors, journalists, lawyers, parliamentarians and civil society activists from six Arab countries -- Egypt, Morocco, Mauritania, Algeria, Palestine and Jordan -- in addition to staff of the Information and DecisionCenter of the Egyptian Cabinet.

The conference endorsed a declaration titled“Cairo Declaration on the Right of Access to Information in the Arab World”.[5] The conference also adopted a draft set of Principles on Arab Media and the Right to Information.The Cairo Declaration called upon Arab governments to endorse the right of access to information and to revise and amend all the laws that obstruct access to information. The document also called for the engagement and encouragement of all parties in discussion of these draft laws. The declaration also asked Jordan to revise and amend other laws that hinder access to information.

On 14-15 December 2009 ARTICLE 19, with the support of International Media Support (IMS), organised a workshop on the Right to Know in the Middle East. The workshop took place in Amman, Jordan with the participation of sixty activists, parliamentarians, journalists and lawyers from across the Middle East and North Africa. The main aim of the workshop was to map out an ‘agenda for action’ for freedom of information in the region. Among the participants were also RTI activists in Brazilwho use provisions in environmental and housing laws to seek information from public institutions.[6]

Statusof Freedom of Information in the Arab World

Jordan

  • In June 2005, the Arab Archives Institute and Jordanian Transparency Forum organized a conference to discuss recommendations on the draft law on Access to Information.[7]The two NGOs pointed out the existence of at least 13 laws, related to freedom of media and freedom of information, obstructing the enjoyment of those freedoms.[8]
  • In December 2005, the draft law received comment from Article 19.[9] The organization noted the existence of restrictions on who can request information, and the information that may be requested.It further recommended the inclusion of a provision expressly recognizing that the access to information legislation prevails over other legislative provisions that restrict access to information.[10]
  • In 2007 Jordan became the first Arab country to having enacted an access to information law, Law of Access to Information No. 47/2007.[11]Public use of the law is still in the early stages of development. There is still a lack of knowledge of this law. In a report published in September 2008, figures showed that there has been not one complaintraised about any obstacle experienced by any person requesting information.[12]In February 2009, the findings of an opinion poll conducted by the Al Urdun Al Jadid Research Center (UJRC) noted that 42% of media personnel and journalists were unaware of the existence of this law.[13]
  • UJRC, in conjunction with IREX, held a series of two-day training workshops in February 2009.[14] 27 journalists and members of the news media attended the first session in Amman. The second workshop targeted the private sector and business associations. Finally, 48 members of the Jordanian government attended sessions on best practices in access to information implementation.
  • On the International Right to Know Day, September 28 2009, UJRC launched the ‘Jordanian Alliance for Freedom of Information and Transparency’ (JAFIT) which includes a group of organizations, academics and civil society activists.[15]
  • Commenting on Jordan’s adoption of access to info law, expert of the Danish Institute for Human Rights, Mu’ayyad Mehyar,considered the Jordanian experience as disappointing “to a considerable level.”[16]

Lebanon

  • Article 13 of the Lebanese Constitution acknowledges oral and written freedom of expression, but to date, there is no law guaranteeing access to information or protection for whistleblowers, those individuals who report corruption.
  • ‘The National Network for the Right of Access to Information’ has drafted a law on Access to Information that was submitted to Lebanese parliament on April 9, 2009, by members of the Lebanese Parliamentarians Against Corruption organization (LebPAC).[17]
  • The Legal Working Group(LWG) of the Network used as reference material the “Citizen’s Right to Know” draft law that the Office of the Minister of State for Administrative Reform initially prepared in 2001 and subsequently revised in the following years, and submitted to the Council of Ministers in 2006 and again in 2008 for approval.The LWG of the Network is also drafting a Whistleblower Protection law.
  • In May 2009, the LebPAC and Nahwa al Muwatiniya (Na’am), ABA Rule of Law Initiative (ABA ROLI) partner organizations and members of the ABA ROLI-supported National Network for the Right of Access to Information, began a campaign encouraging members of parliament to support the country’s access to information bill.[18]
  • Nahar Ash Shabab, A Lebanese Society, organized in cooperation with the American Bar Association and National Network for the Right of Access a workshop on drafts of the Access to Information Law and the Law on Protection of Whistleblowers.[19]
  • On September 30, 2009, the National Network for the Right of Access to Information held a press conference in celebration of the International Right to Know Day.[20]

Yemen

  • A number of proposals of laws on access to information were initiated in Yemen. Two drafts were proposed one by the Yemeni Journalists Against Corruption and the other by the Yemeni government.
  • TheMedia and Culture Committee of the Yemeni Parliament drafted a law that was described by Article 19 as “a very progressive piece of legislationthat is based on international standards on freedom of information and comparativepractice.”[21]
  • In May 2009, Hood for Defending Human Rights and Freedoms, an NGO working to defend human rights in Yemen, and Article 19 organized a workshop on the right to access information. The workshop discussed the Yemeni draft law on access to information.[22] The Yemeni draft received criticism from journalists and human rights groups.[23]
  • In October 2009, Article 19 produced a memorandum commenting on the draft law of access to information.[24] The organization focused on the shortfalls of the present draft and provided recommendations for the improvement of its provisions among which: redefinition of the “bodies” and “information” covered in the law, amendment on the legal accountability resulted from request of information; and change of the regime of exceptions to comply with international standards.[25]
  • OmJune 25, 2009, Altagheer Net(Change Net in English), a Yemeni news website, and the National Endowment for Democracy (NED) organized a workshop on “Yemeni Media and Freedom of Information”.[26]The participants called on the Yemeni government to harmonize the laws that regulate the media and information, to engage the Yemeni Journalists Syndicate in the drafting of the law on access to information and to stop blocking access to news websites and confiscation of newspapers.[27]A paper was presented at the workshop that summarized the law on freedom of information, the international standards and instruments.[28]

Egypt

  • The Egyptian government drafted a law on freedom of information. Some provisions and the scope of the draft law were leaked to civil society and human rights groups. The draft law includes restriction on Radio and TV broadcasting and lacks mechanisms of access to information.
  • On March 6, 2008, the Egyptian Democratic Institute organized a workshop titled “Freedom of Media between the bill on freedom of information and the Arab Charter on Satellite Broadcasting.”[29] The workshop protested the restrictions embodied in the bill and the penalties that would pose danger to journalists seeking information.
  • Egyptian civil society organizations started drafting a law on access to information. In March 2008, United Group – Lawyers and Legal Consultants[30] and USAID organized a conference on the Law on Freedom of Information.[31] The conference discussed a draft law prepared by United Group.[32]The draft law narrows the regime of exceptions to access to information to a number of cases among which information related to defense and national security of the state, information that if disclosed would harm economic or industrial interests of national security. The draft noted that restricting access to information shall be based on the type of information not the body that holds it.

Kuwait

  • In October 2007, a group of Kuwaiti civil society organizations, including the Kuwait Transparency Society, published the “Vision of Kuwait for Reform”.[33]The vision called for the endorsement of a bill on Right to Information in order to achieve transparency in the public sector, and the review of press law to guarantee freedom of media and repeal the provisions on criminal sanctions including prison sentences.[34]
  • Kuwait Transparency Society has drafted a law on access to information.[35]In October 2009, Deputy Prime Minister Sheikh Muhammed Sabah al-Salem al-Sabah announced that the cabinet had received a briefing from the Government Performance Follow-up body[36]on the drafting of the law on access to information, and the findings of a study on the implementation of the United Nations Convention against Corruption.[37]

Palestine

  • AMAN-Coalition for Integrity and Accountability isan Initiative of a number of Palestinian civil society organizations to promote the values of integrity, principles of transparency and systems of accountability in the various Palestinian sectors with the aim of participating in the building of a national integrity system.AMAN has drafted a Law on Access to Information.[38]
  • Article 19 prepared a commentary on the draft law.[39]The organization suggested a more precise phrasing of the exceptions to the right to access by taking into account the tests of international standards on legitimate interest, and an improvement of access procedures in the draft law.[40]

Sudan

  • In 2007, Future Trends Foundation has drafted a law on access to information in cooperation with the United Nations Development Program.[41]
  • The draft law contains 13 articles. An article was published in the Al-ayaam newspaper pointed out a number of shortfalls in the law.[42] The article noted that a request of information must include the reasons that necessitate seeking the information and this should be for the purposes of the exercise or protection of a right.[43]Among the obstacles that were pointed out is that draft law did not lay down the mechanism under which governmental institutions implement the law.

Bahrain

  • On June 6, 2009, the Bahrain Transparency Society and the Association of Bahraini Journalists organized in cooperation with IREX a workshop on the Right to Access information.[44] The workshop discussed the draft of the freedom of information laws in Yemen and Bahrain. Among the speakers were a group of Yemeni members of the legislature who are also members of Yemen Parliamentarian against corruption.
  • IREX has agreed to help organize workshops on freedom of information for members of the Shura Council.[45]
  • The Bahraini Draft law was scheduled to be presented to the National People's Assembly in its fourth sessionin October 2009.[46] In November the Services Committee[47] of the Shura Council endorsed the draft law after a number of amendments proposed by the Council of Representatives were made.[48]
  • On January 5, 2010, the Council of Representative adopted the draft law on access to information and sent the bill to the Shura Council.[49]

Morocco

  • On May 10, 2006, the Socialist Group in the Moroccan Parliament presented a draft law on Access to information.[50]
  • Association Adala, a Moroccon NGO, organized a symposium on 25-27 May 2007, on Media and the Right to Information in Morocco.[51]The Symposium called upon the Moroccon government and parliament to pass a law on access to information. The Symposium adopted the “Morocco Declaration on the Right to Information”.[52]The declaration demands that the bill on access to information to establish an independent empowered body that monitors the implementation of the law, consults with and advices the administration and examines petitions from people.[53]

Iraq

  • In July 2009, Journalistic Freedom Observatory in Iraq called upon the Constitution Review Committee of the Council of Representatives, and The Office of Constitutional Support (OCS) of the UN Assistance Mission for Iraq (UNAMI) to include constitutional provisions that explicitly guarantee the right of individuals to access information held by the state.[54] Judge Salem Mosawi presented a paper on right to information to the Iraqi Council of Representatives.[55]
  • Tamken, a group of experts, journalists, and academics, drafted the “Information Access Right Draft Law” in late 2009.[56] Article 19 commented on the draft law and suggested a number of amendments to ensure the bill’s compliance with international standards. The organization noted that the draft law lacks important provisions in relation to the system of appealsand criminal and civil responsibility. The DraftLaw makes no mention of the public interest test under which information must still be disclosed, even if such disclosure maycause substantial harm, if it is declared to be of beneficial public interest.

1

[1] “The Forum for the Future” is a joint initiative of the countries of the Broader Middle East and North Africa (BMENA)region and the G8. It was launched at the 2004 Sea Island G8 Summit in the United States. During this summit, the G8 countries stressed their commitment to promote reforms in the BMENA region and to help establish an environment conducive to an informal, flexible, open and inclusive dialogue. Available at:

[2] See, (Arabic)

[3] (Arabic)

[4] See, See Also,

[5]Id.

[6] Article 19, Jordan: The Right to Know in the Middle East – Building an Agenda for a Culture of Transparency, December 21 2009. Available at:

[7] Report on the draft law of Draft Law on Guarantee of Access to Information, November 2005. Available at: See also a report from Arab Archive Institute, (Arabic),

[8]Id.

[9] Memorandum on Jordanian Draft Law on Guarantee of Access to Information, December 2005. Available at: (English) (The Center for Defending Freedom of Journalists also commented on the restrictions of freedom of media embodied in the draft law, See: (Arabic)

[10]Id.

[11] Jordanian Law on Guarantee of Access to Information, No. 47/2007. Available at: (Arabic)

[12] See Al Urdun Al Jadid Research Center, Issue No. 4, March 2009. Available at: (English)

[13] “42% of media personnel and journalists unaware of the law of access to information”, February 2009. Available at: (Arabic)

[14]Id.

[15] Jordan Times, “New Alliance to enhance access to information,” October 3, 2009. Available at:

[16] “Combating ‘Culture of Secrecy’ in Arab World,” Brendan Sweeney, Interview with Expert Mu’ayyad Mehyar of The Danish Institute for Human Rights, January 6, 2010. Available at:

[17] Now Lebanon, “Freedom of information draft law announced, “April 15 2009. Available at: Access To Information Draft Law, available at: (English) (Arabic)

[18] See, Lebanese National Anti-Corruption Network Advocates Parliament to Support Access to Information Bill, (English)

[19] Also, Access to Information and Protection of Whistleblowers, Now Lebanon, July 22, 2009. (Arabic)

[20] Lebanon Celebrates International Right to Know Day, (English)

[21] Article 19, Comment on the Draft Law concerning Information in Yemen, October 2009. (English).

[22]Draft Law on Access to information. (Arabic)

[23] See, (Arabic)

[24] Article 19, Comment on the Draft Law concerning Information in Yemen, October 2009. (English).

[25]Id.

[26] Journalists call on Government stop obstruct access to information , Al-tagheer,

[27]Id.

[28] Freedom of Information workshop, Al-tagheer, (Arabic)

[29] Rights activists and media personnel, FOI draft law entails curtails freedoms, (Arabic).

[30] Web page of the United Group,

[31] Egyptian civil society drafting Law of Freedom of Information, Moheet, March 12m 2008. (Arabic)

[32] Law on Freedom of Information, March 11, 2008. Available at:

[33] See: Vision of Kuwait for Reform, 2007,

[34]Id.

[35] Draft Law on Access to Information, See, (Arabic)

[36] A governmental body that follows up the compliance of ministries and governmental bodies with the laws and regulations in the implementation of public policies in accordance with the cabinet’s agenda.

[37] See, (Arabic)

[38] Law on Access to Information, See (Arabic)

[39] Memorandum on a on a proposal for a draft law on Access to Information, Article 19, See

[40]Id.

[41] See, (Arabic)

[42] Commenting on the Draft Law on Freedom of Information, July 29, 2008, (Arabic)

[43]Id.

[44] Right to Information, Shula Shakeeb, Alwaqt, June 17, 2009,(Arabic) See Also, (Arabic), (Arabic)

[45] A law on access to Information in the fourth session See: (Arabic)

[46] See: (Arabic)

[47] The Committee specializes in studying a number of issues among which media and information

[48] Services Committee endorses draft law on access to information, Alwaqt, November 7, 2009. See. (Arabic)

[49] Council of Representatives adopts the law on Access to Information, (Arabic)

[50] See: (Arabic)

[51] A Call for the adoption of Access to Information law, (Arabic) (

[52] Morocco Declaration on the Right to Information, See, (Arabic)

[53]Id.

[54] See, (Arabic)

[55] See, Right to Information, a Human Right, Judge Salem Mosawi. (Arabic) Available at:

[56] See Appendix 1. Article 19, Legal Analysis of draft law on the Right to Access Information, January 2010. Available at: