The contribution of legal frameworks on access to information to socio-economic progress in Africa : case studies of Nigeria, South Africa and Uganda

Abstract

The wanting state of socio-economic development in Africa is well documented. The regrettable paradox is that, with the abundance of natural resources in the form of mineral deposits, arable land and human resources, most African States are well placed to ensure a the standard of living necessary for a dignified life for its people. However, corruption, bad governance, lack of transparency and accountability continue to deprive most on the continent of their basic socio-economic needs. Although not explicitly provided as a right in any of the international human rights instruments, access to information has come to be recognised internationally as a right, separate and distinct from the right of freedom of expression from which it originates. As a result, African States are increasingly adopting legal frameworks to give effect to this right within their domestic legal systems. This thesis adopts a descriptive, analytical and qualitative case study approach in demonstrating the utility of the constitutional, legislative and alternative generic frameworks on access to information in contributing to socio-economic progress. Using Nigeria, South Africa and Uganda as case studies, empirical evidence is provided of the enabling role of access to information in improving socio-economic progress in Africa. Despite the general historical deficiencies in their development and implementation in Africa, the combination of constitutional provisions and specific legislation on access to information, provide the best domestic legal framework for the effective domestic implementation of the right of access to information. Furthermore, beyond successful reliance on these legal frameworks, socio-economic progress can only be attained with the strategic use of information so acquired. However, given that majority of African States have neither of these frameworks, the use of alternative legal frameworks such as those on public procurement, environmental impact assessment and anti-corruption should continuously be explored and exploited as viable alternatives. To achieve more widespread and impactful contribution of access to information on socio-economic progress in Africa, this thesis recommends not only increased efforts towards the adoption and effective implementation of all three layers of legal frameworks but also calls for reinvigorated civil society efforts focusing on strategic advocacy, litigation, capacity building and collaboration.