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2008 Assessment

Angola: Integrity Indicators Scorecard

Angola : Integrity Scorecard Report > Sub-Category: Public Access to Information
Indicators		Score
12	Do citizens have a legal right of access to information?	67
13	Is the right of access to information effective?	10

Indicator and sub-Indicator Details

Do citizens have a legal right of access to information?

12a: In law, citizens have a right of access to government information and basic government records.

Score:

YES

Comments: This law has to be read in conjunction with the State Secrets Law (12/02) of August 16, 2002 that limits the extension of the law. Another limit on the extension of the law is that the right to information is not constitutionally guaranteed.

References: Lei do Acesso aos Documentos Administrativos, 11/02 de 16 de agosto (Law on Access to Documents held by Public Authorities, [ LINK ].

12b: In law, citizens have a right of appeal if access to a basic government record is denied.

Score:

YES

Comments: There is a Monitoring Commission (see article 17-19) that can "evaluate" complaints from individuals, but it is not an actual formal process for appeal.

References: Lei do Acesso aos Documentos Administrativos, 11/02 de 16 de agosto (Law on Access to Documents held by Public Authorities, [ LINK ].

Peer Review Comments: Access is rarely denied, as it is rarely sought.

12c: In law, there is an established institutional mechanism through which citizens can request government records.

Score:

YES

Comments: A request must be made in writing and contain sufficient information to enable the official dealing with it to identify the document required (art. 13).

All state institutions must appoint an entity responsible for implementing the law (art. 14). A reply must be given within 10 days (art. 15).

The government also has an Internet portal with a "center of contacts" where requests can be made: [ LINK ].

References: Lei do Acesso aos Documentos Administrativos, 11/02 de 16 de agosto (Law on Access to Documents held by Public Authorities, [ LINK ].

Is the right of access to information effective?

13a: In practice, citizens receive responses to access to information requests within a reasonable time period.

Score:

100

Comments: "It is significant that in the four and a half years since the Law was enacted, it has barely been used and does not register among journalists as a tool they can rely upon to gather information." Given the lack of application, it is difficult to say how long a time it takes to obtain government documentation. A key problem is also the lack of uniformity in the application of this law. It differs from case to case and depends on whether you have contacts within the government. Finally, the State Secrets Law is so broad that it can be abused to prevent access to information.

References: Article 19 (August 2007): Freedom of Expression and the Angolan Elections: [ LINK ] .

13b: In practice, citizens can use the access to information mechanism at a reasonable cost.

Score:

100

Comments: In light of the limitations of access, the documents that are available can be obtained at the cost of photocopying but it requires going to the ministry or public entity in question. Most often, however, the requests of citizens or journalists will not be attended to.

References: Article 19 (August 2007): Freedom of Expression and the Angolan Elections, [ LINK ]. Antonio Freitas, Chief Editor, Novo Jornal, November 10, 2008, Luanda.

13c: In practice, citizens can resolve appeals to access to information requests within a reasonable time period.

Score:

100

Comments: No such process exists in practice.

References: Article 19 (August 2007): Freedom of Expression and the Angolan Elections, [ LINK ].

Antonio Freitas, Chief Editor, Novo Jornal, November 10, 2008, Luanda.

13d: In practice, citizens can resolve appeals to information requests at a reasonable cost.

Score:

100

Comments: No such process exists in practice.

References: Article 19 (August 2007): Freedom of Expression and the Angolan Elections, [ LINK ]. Antonio Freitas, Chief Editor, Novo Jornal, November 10, 2008, Luanda.

13e: In practice, the government gives reasons for denying an information request.

Score:

100

Comments: The law does not seem to have been implemented. In line with the answer to question13a, the key problem with regard to access to information in Angola is the lack of uniformity or that access to information is driven by supply rather than by demand. The government will not give information about sensitive issues and can use the state secret law at will to "legalize" this denial.

References: Article 19: Freedom of Expression and Access to Information, Overview and Conclusions on the Angolan Situation Regarding the Upcoming Elections (Late 2006/Early 2007), [ LINK ].