On the International Day for Universal Access to Information (28 September), ARTICLE 19 acknowledges the new recent legislative efforts in the Middle East and North Africa (MENA) region regarding the right to information (RTI). However, although these efforts represent a step forward, they remain insufficient in meeting both citizens’ aspirations and international human rights obligations. On this occasion, we call on states in the MENA region to honour their commitments under international law to protect the right to information by ensuring effective implementation of existing laws and promoting transparency and accountability in the public sector across the region.
Recognising the right to information as a fundamental pillar of democracy
ARTICLE 19 recalls that the right to information is a cornerstone of democracy and instrumental for enabling informed citizen participation. However, in the MENA region the recognition and adoption of RTI laws has been slow. Since Jordan became the first country in the region to adopt an ATI law in 2007, the implementation of such legislation has been inconsistent. While the introduction of these laws represents progress, there are concerns regarding their alignment with international human rights standards. Draft legislation in some countries has been stalled for years, and even in those with enacted laws, there are substantial obstacles that prevent effective implementation.
Jordan: Mixed progress with recent amendments
Jordan, a regional pioneer in access to information, introduced new amendments to its ATI law in 2024 following earlier reform in 2021.These amendments include positive developments, such as mandating public bodies to proactively publish key information and extending access rights to non-Jordanians. However, ARTICLE 19 has raised serious concerns about several provisions, such as the requirement for non-Jordanians to declare scope and purpose of their requests – an imposition that contradicts international standards. Additionally, while civil society representatives have been included in the Information Council, the body’s independence remains undermined by political influence. The reforms also fall short in addressing the broad exceptions to information disclosure, and they do not introduce the necessity and proportionality tests, thereby weakening the law’s overall effectiveness.
Iraq: incomplete proposed legislation
In Iraq, the parliament is currently deliberating on a draft ‘Right to Access Information’ law prepared by the government, a development for which ARTICLE 19 has long advocated. This draft law is seen as a crucial step as the country seeks to stablise after years of conflict. Nevertheless, the current draft falls significantly short of international standards, an issue ARTICLE 19 has previously raised. Key principles such as maximum disclosure and the right to appeal refusals are missing, and the vague and broadly-formulated exceptions, along with the absence of a harm test and public interest override, raise serious concerns. Without addressing these omissions, Iraq’s ATI framework will remain incomplete and ineffective.
Tunisia: Bureaucratic hurdles and political stagnation affecting implementation
Tunisia’s 2016 ATI law, once hailed for its forward-thinking provisions, is now facing significant implementation challenges. Ranked 15th in the RTI Global Rating, the implementation of the law has been jeopardised by a bureaucracy resistant to constitutional and legal provisions, particularly when receiving access to information requests. Since the political developments of July 2021, civil society organisations and journalists, particularly in interior regions, have reported an information blackout. The National Authority for Access to Information (INAI), which was established in 2017 to oversee the implementation of the ATI law, is currently paralysed due to the lack of an elected president as required by Law No. 22 of 2016. A recent decree also ended the secondment of the interim president, further exacerbating the situation.
Morocco: Bureaucratic and cultural barriers to implementation
Morocco enacted its ATI law (Law No. 31.13) in 2018, but more than six years later, significant issues persist. ARTICLE 19’s legal analysis raised concerns about the law’s alignment with international standards, and these concerns have proven valid. Implementation has been hindered by bureaucratic hurdles, limited enforcement, and entrenched practices that obstruct transparency. Key issues include exemptions that are not subject to harm or public interest tests, undermining the law’s effectiveness. Additionally, the commission responsible for overseeing the law’s implementation has struggled with its independence and has failed to issue any reports, making it difficult to assess progress. The broader cultural resistance to transparency within public institutions, coupled with weak political will, has further hampered progress.
Recommendations
The MENA region continues to lag behind other parts of the world, such as Europe and Latin America, in both the adoption and implementation of effective ATI laws. In countries with RTI laws, bureaucratic obstacles, political resistance, and a culture of secrecy continue to hinder transparency and accountability. To address these persistent challenges, ARTICLE 19 recommends states in the region undertake the following actions:
- Strengthen legislative frameworks: Ensure that ATI laws fully align with international standards on the right to information, including the principles of maximum disclosure, harm tests, and public interest overrides.
- Enhance independence of oversight bodies: Strengthen the independence and capacity of bodies tasked with overseeing ATI law implementation to ensure they are free from political influence.
- Improve implementation mechanisms: Address bureaucratic resistance and ensure that public bodies comply with legal requirements for information disclosure.
- Engage civil society and media: Support the efforts of civil society organisations and media to raise awareness about ATI laws and advocate for their effective implementation
All in all, ARTICLE 19 emphasises that by fostering collaboration between governments, civil society, and other RTI stakeholders, the region can move toward a culture of openness and transparency, ultimately benefiting democratic governance and public trust.