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Institutions Guaranteeing Access to Information

OECD and MENA Region

image of Institutions Guaranteeing Access to Information

Thanks to comparative tables and precise examples, this report offers an overall picture of the institutions guaranteeing access to information (IGAI) in OECD member countries. While it does not provide a comprehensive analysis of each of these institutions, it examines the legislation, the composition, and operation of the IGAIs as well as their missions regarding the spontaneous disclosure and appeals following access to information requests.

Similarly, the report carries out an overall analysis of the access to information legislation of Jordan, Lebanon, Morocco, and Tunisia, and of the legal and practical context of their IGAIs. In particular, it offers ways to make the implementation of this legislation more effective, at a time when these countries’ citizens are very keen on increased access to information.

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Overview of Part II

The second part of this report focuses on the right to access in four countries of the MENA region: Jordan, Lebanon, Morocco, and Tunisia. Chapter 6 discusses the development of this right in light of the political situation in these countries, and the new constitutional base for the right to information. The Jordanian and Lebanese Constitutions do not explicitly proclaim this right, unlike the Moroccan and Tunisian constitutions, which are the result of social movements that began in 2011. Moreover, in some cases, institutions of a constitutional nature other than the national IGAI may intervene in defence of the right to access information. This chapter also discusses how the participation of these four MENA region countries in international conventions and accords has stimulated the renewal of the right to access information, and, more generally, that procedures resulting from legislation in this area remain complex and poorly used. Chapter 7 considers the legal nature and composition of the four IGAIs in question. It observes that the four countries have decided to create collegial institutions that do not all enjoy the same degree of independence.

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