What is the ATI Law
And Why Should You Care?

The Access to Information Act (ATI Act) became law in December 2023, marking a major milestone for Zambia, more than two decades after its initial introduction into Parliament. Finally, the country has a legal framework that gives citizens the right to access information—an important step towards greater transparency and accountability.

The ATI Act officially came into effect in June 2024 after the Minister of Information and Media signed the Commencement Order.

What is the ATI Law?

Have you ever felt frustrated by the lack of information or wondered why certain information is not publicly available? Or have you wished for transparency from government offices or public institutions? The ATI Act gives citizens and residence permit holders in Zambia the right to access necessary information, especially when it impacts their rights or access to certain rights. Importantly, this right is not affected by why you need the information nor the information holder’s opinion of your motives—the focus is on your access, not your reasons.

In practical terms, the law allows you to approach any public institution or private institution funded by public money, fill in the appropriate documentation, submit a request, and access the information you need. The institution is then required to provide access to it promptly and in an accessible format.

Are There Any Limits?

Like many rights, the right to access information is not entirely unrestricted. Firstly, the institution holding the information has the liberty to decide whether to grant the request, but if they refuse, you have the right to appeal. Additionally, if the request is granted, you may be required to pay the applicable fees before the request can be processed. The biggest catch is that some types of information are off-limits. For instance, confidential personal data of third parties, commercial information of third parties, and national security details might be exempt.

These exemptions in the ATI Act have raised concerns, especially among media outlets and activists across Zambia. However, the exemptions in the ATI Act are aligned with international standards. The exemption of some information does not conclusively mean that it cannot be shared at all; there’s a safeguard: the public interest override. This means that information can be made public if it is released in a greater interest and outweighs the harm to the protected institution. For example, if public interest outweighs commercial confidentiality, that information might still be shared.

How Does the ATI Law Ensure Compliance?

The Human Rights Commission has the right to ensure compliance. It has the power to impose administrative sanctions on officials who fail to follow the law, encouraging transparency and accountability and, in turn, promoting the right to access information.

Why Should You Care?

Now, you may ask, “What does this law have to do with me?” or “How does this affect me?”

The answer is simple: information belongs to the people. Access to information is the foundation of any democratic society. How different countries uphold and enforce this right is important, and you should care because the ability to access information has a cascading effect on all aspects of society. The ATI law allows for open dialogue between the people and their government, which promotes accountability and transparency, so there is a significantly greater chance of reducing corruption and abuse of power.

Access to information also enables citizens to make informed decisions. Think about it this way: if you are able to access information about how government institutions are performing, how decisions that affect the public are reached, and how public resources are collected and utilised, you are in a better position to exercise other rights such as the right to vote and the right to freedom of expression. For journalists and media outlets, it will allow for more accurate, in-depth reporting, promoting investigative journalism and ensuring the public gets reliable information.

Room for Improvement

While passing the ATI law is a significant milestone for Zambia, there is still room and opportunity for improvement. According to the Global RTI Rating, Zambia scored three out of the six points allocated under the Right of Access and ranked in the seventieth position out of 138 countries. One major issue is that the Constitution does not guarantee access to information. Conflicting laws also limit the full effectiveness of the ATI law. To truly harness the power of this legislation, these legal conflicts need to be resolved, mainly because, unlike other rights, the right to information is not yet guaranteed under the Constitution.

As citizens, we must familiarise ourselves with the ATI law, spread awareness, and monitor its development. The law can potentially transform Zambia by empowering people to exercise their rights and pushing the nation towards a more transparent and accountable future.

In the famous words of Atifete Jahjaga, former President of the Republic of Kosovo:

“Democracy must be built through open societies that share information. When there is information, there is enlightenment. When there is debate, there are solutions. When there is no sharing of power, no rule of law, no accountability, there is abuse, corruption, subjugation, and indignation.”