Research Findings
a) Legal framework on access to information: Under the Interim Constitution (Article
27) every citizen has the right to demand or obtain information on any matter of
individual of public concern. However, there are limitations on this right according to
the types of information that are defined as confidential by law. The Right to
Information Act, 2007 supports public access to information regarding any matter
including environmental issues that are deemed to lie within the interests of the
general public. This Act also states that it is a requirement for the government to
generate and publicly disseminate information and report to the public on a regular
basis and in an accessible and timely manner. This Act also provides clear provisions
on claims of confidentiality to define limitations on access, as well as the legal
requirements to build capacity of government agencies, sub-national agencies and the
public. Soon after assessment work, one of the identified gaps of not having Access to
Information regulations has been in place since 2009.
b) Legal framework on access to participation: Various laws supporting participation
in environmental matters are in operation. The Interim Constitution stipulates rights of
people to participate, specifically targeting marginalised and oppressed people. The
Constitution also outlines the state`s responsibilities, with defined principles and
policy for public participation especially in the sector of natural resources
management and development.
c) Legal framework on access to justice: The Interim Constitution clearly guarantees
the right to redress and remedy with prescribed procedures. Article 32 of the Interim
Constitution guarantees the Right to Constitutional remedy for violation of
fundamental rights guaranteed by the Constitution. The Interim Constitution further
guarantees the right to remedy by empowering the judiciary, placing extraordinary
jurisdiction with the Supreme Court. Article 107 of the Constitution provides standing
of every citizen to take the case of violation of fundamental rights. There is also the
legal right to pursue cases in which there is no provision of remedy, or in which
remedy is considered not be effective. In addition, the Constitution also provides
standing to bring public-interest petitions to the Supreme Court.