RWANDA
ACCESS TO INFORMATION ACT
On 11 March, Rwanda officially became the 11th country in Africa and the 94th country globally to adopt a comprehensive Access to Information law.
Four years after the Access to Information Bill was first introduced, FOI activists and other stakeholders welcomed the Prime Minister's decision to gazette the law, passed by Parliament in December. Alongside the ATI Act, the government also gave its assent to a new media law and the Media High Council Act. It is hoped that the three laws will together help to build a more robust access regime and a less hostile environment for journalists and human rights defenders.
Though the law itself contains a number of broad exemptions, restricts access to material "of public interest" and falls short of the standards laid down in the African Commission on Human and Peoples' Rights Model FOI Law, it contains clear provisions for proactive disclosure and should be seen as a signal of the government's intention to entrench transparency and enhance public participation in governance. To give life to the new law, the government must now expedite the preparation of comprehensive guidelines for implementation.
(The following is taken from the official Gazette version, but may vary in spacing and the use of boldface type. – Ed.)
LAW N° 04/2013 OF 08/02/2013 RELATING TO ACCESS TO INFORMATION
TABLE OF CONTENTS
CHAPTER I: GENERAL PROVISIONS
Article One: Purpose of this Law
Article 2: Definitions of terms
CHAPTER II: RIGHT TO INFORMATION
Article 3: Access to information
Article 4: Confidential information
Article 5: Information that may destabilize national security
Article 6: Public interest in disclosure of information
Article 7: Disclosure of vital information to the public
CHAPTER III: REQUEST AND OBTAINING INFORMATION
Article 8: Information officers in public organs
Article 9: Request for information
Article 10: Fees required to provide information
Article 11: Examining an application for information
Article 12: Correction of personal information
CHAPTER IV: COMPLIANCE WITH THIS LAW BY PRIVATE ORGANS
Article 13: Private bodies to which this Law applies
Article 14: Access to information in private organ to which this Law does not apply
Article 15: Information officers in private bodies
CHAPTER V: MISCELLANEOUS AND FINAL PROVISIONS
Article 16: Protection of persons who disclosed information
Article 17: Enforcement of this Law
Article 18: Drafting, consideration and adoption of this Law
Article 19: Repealing provision
Article 20: Commencement
LAW N° 04/2013 OF 08/02/2013 RELATING TO ACCESS TO INFORMATION
We, KAGAME Paul,
President of the Republic;
THE PARLIAMENT HAS ADOPTED AND WE SANCTION, PROMULGATE THE FOLLOWING LAW AND ORDER IT BE PUBLISHED IN THE OFFICIAL GAZETTE OF THE REPUBLIC OF RWANDA
THE PARLIAMENT:
The Chamber of Deputies, in its session of 19 November 2012;
The Senate, in its session of 15 November 2012;
Pursuant to the Constitution of the Republic of Rwanda of 04 June 2003 as amended to date, especially in Articles 33, 34, 62, 66, 67, 88, 89, 90, 92, 93, 94, 95, 108, 182 and 201;
Pursuant to the Universal Declaration of Human Rights of 10 December, 1948, especially in Article 19;
Pursuant to the International Covenant of 16 December 1966 on Civil and Political Rights as ratified by the Decree-Law no 08/75 of 12/02/1975, especially in Article 19;
Pursuant to the African Charter on Human and Peoples’ Rights of 27 June 1981 as ratified by Law no 10/1983 of 01/07/1983, especially in Article 9;
ADOPTS:
CHAPTER ONE: GENERAL PROVISIONS
Article One: Purpose of this Law
This Law shall enable the public and journalists to access information possessed by public organs and some private bodies.
This Law shall also establish modalities and procedures to promote the publication and dissemination of information.
Article 2: Definitions of terms
In this Law, the following terms shall have the following meanings:
1° information: facts, things intended to be done, speeches held in reports, documents to be published, pictures, mails, opinions, advice, press releases, circulars, orders, logbooks, contracts, papers, samples, and any other material of public interests held in any form by a public organ and certain organs of private bodies;
2° access to information: to request, receive, look at, understand, peruse, take a sample of, copy and use information in a way that is not contrary to the Law;
3° Minister: the Minister in charge of information;
4° private body: a body that is not a public organ but that carries any business in relation to public interest, or to rights and freedoms of people;
5° public organ: administrative entity established by the Constitution or any other Laws or any other organ that uses money from the national budget or any money originating from tax revenues as provided by the Law;
6° information officer: a person appointed or designated by a public or private organ in charge of providing information and to facilitate those who need it.
CHAPTER II: RIGHT TO INFORMATION
Article 3: Access to information
Every person has the right of access to information in possession of a public organ and some private bodies.
The right of access to information includes the following:
1° assessing activities, documents or records;
2° taking notes, documents, extracts or copies of official documents or records;
3° taking documents or extracts of notified copies;
4° obtaining information stored in any electronic form or through print-outs copies of information stored in a computer or in any other device.
Article 4: Confidential information
Without prejudice to the provisions of Article 3 of this Law, information withheld by a public organ or private body to which this Law applies shall not be published when it may:
1° destabilize national security;
2° impede the enforcement of Law or justice;
3° involve interference in the privacy of an individual when it is not of public interest;
4° violate the legitimate protection of trade secrets or other intellectual property rights protected by the Law;
5° obstruct actual or contemplated legal proceedings against the management of public organ.
If the request for information relates to record containing information in two (2) parts one part being not allowed to be published and the other part contains information that can be published as provided by this Law, the requesting person shall be provided with information allowed to be published.
Article 5: Information that may destabilize national security
Without prejudice to the provisions of Article 4 of this Law, the Minister, in consultation with the concerned organs, shall issue an Order determining which information could destabilize national security.
Article 6: Public interest in disclosure of information
A public organ or a private body to which this Law applies shall disclose information where the public interest in disclosure outweighs the interest of not disclosing such information.
In considering what constitutes the public interest, particular emphasis shall be put on the following:
1° to promote in public and private organs to which this Law applies the culture of informing the public about their activities;
2° to ensure that the expenditure of public funds is subject to effective management and oversight;
3° to promote founded public debate;
4° to keep the public regularly and adequately informed about the existence of any danger to public health or safety or to the environment;
5° to ensure that any public authority with regulatory mission properly discharges its functions.
Article 7: Disclosure of vital information to the public
Every public and private organ to which this Law applies shall proactively disclose the vital information to the public. A Ministerial Order shall determine in details the information to be disclosed.
CHAPTER III: REQUEST AND OBTAINING INFORMATION
Article 8: Information officers in public organs
A public organ shall appoint or designate an information officer for that organ and its branch, if there is any, to enable it to provide information to persons requesting for it in accordance with this Law.
If the officer in charge of information is absent, the organ or its branch shall designate someone a substitute.
Article 9: Request for information
Information shall be requested by an individual or a group of persons in any of the official languages provided for by the Constitution of the Republic of Rwanda verbally, in writing, by telephone, internet or any other means of communication without prejudice to the provisions of this Law.
The person applying for information shall determine the means in which he/she wants to obtain information. However, if the means chosen for obtaining the information requested exceeds the capacity of the requested organ, the applicant shall bear the cost.
Article 10: Fees required to provide information
The provision of information is an obligation without fee.
However, depending on the means for providing the information, charges for making copies or sending information may be charged to the applicant.
A Ministerial Order shall determine the procedure thereof.
Article 11: Examining an application for information
The information officer, to whom the information is requested, shall take decision according to priorities.
When the request of information is not accepted, explanations based on the Law shall be provided.
A Ministerial Order shall determine the procedure thereof.
Article 12: Correction of personal information
Upon the request by the concerned person or his/her authorized representative, a public or private body shall, at its own expense, correct any personal information held by it relating to the applicant which is inaccurate, incomplete or irrelevant.
A person requesting for the correction of the information shall write to the head of the public or private organ that has the information.
However, in case of emergency, a person requesting for correction may do so verbally.
CHAPTER IV: COMPLIANCE WITH THIS LAW BY PRIVATE ORGANS
Article 13: Private organs to which this Law applies
Private organs to which this Law applies are those whose activities are in connection with public interest, human rights and freedoms.
A Ministerial Order shall determine private organs to which this Law applies.
Article 14: Access to information in a private organ to which this Law does not apply
Any interested person may request a competent court to order that a private organ to which this Law does not apply provides some information required in the interest to preserve the life or liberty of persons.
Article 15: Information officers in private organs
A private organ shall appoint or designate an information officer for that organ and its branch, if there is any, to enable it to provide information to persons requesting for it in accordance with this Law.
If the officer in charge of information is absent, the organ or its branch shall designate a substitute.
CHAPTER V: MISCELLANEOUS AND FINAL PROVISIONS
Article 16: Protection of a person who disclosed information
Without prejudice to the provisions of Article 4 of this Law, no person shall be punished as a result of having made a disclosure of information obtained when people who were supposed to disclose failed to do so within the time limits provided for by the Law, if the person believes on reasonable grounds that the information is accurate and if its disclosure is in the public interest.
Article 17: Enforcement of this Law
The Office of the Ombudsman shall particularly monitor the enforcement of this Law.
Article 18: Drafting, consideration and adoption of this Law
This Law was drafted in English, considered and adopted in Kinyarwanda.
Article 19: Repealing provision
All prior legal provisions contrary to this Law are hereby repealed.
Article 20: Commencement
This Law shall come into force on the date of its publication in the Official Gazette of the Republic of Rwanda.
Kigali, on 08/02/2013