CONAI : 3 choses à savoir sur la nouvelle commission sur l’accès à l’information
The National Commission for Access to Information (CONAI) will be the body responsible for ensuring the implementation of the law on access to information, which will soon be examined and voted on by the National Assembly.
An independent administrative authority with legal personality, the "CONAI" has the mission of promoting and ensuring the protection of the right of access to information.
It is composed of twelve (12) members chosen for their skills, experience and probity and upon designation by the body to which they belong. This includes a person appointed by the President of the Republic, a representative of the National Assembly, a representative of the Prime Minister's Office, a representative of the Mediator of the Republic, a magistrate appointed by the Minister of Justice, an academic specializing in archives and administrative document management appointed by the Minister responsible for higher education, a representative of employers' organizations, two representatives of civil society organizations involved in the access to information sector, a representative of the Ministry responsible for communication, a representative of the Personal Data Commission and a representative of the Ministry responsible for the promotion of good governance.
Then, the president and members of CONAI are appointed by decree. And, the members of CONAI serve a term of three (03) years, renewable once. "If during the term of office a member of CONAI loses the capacity for which he was appointed, he shall be replaced. The term of office of the successor thus appointed is limited to the remaining period. The functions of member may only be terminated in the event of death, resignation, serious misconduct or incapacity noted by the majority of members. The members of CONAI are bound to secrecy concerning their deliberations and the complaints they receive. The rules of organization and operation of CONAI are set by decree," the published document states.
It is also true that CONAI may be contacted for an opinion by an applicant for any request for information that has remained unsuccessful. "The procedure by which CONAI gives its opinion is set by decree. Referring CONAI for an opinion is a mandatory prerequisite to the exercise of a contentious appeal," it is said.
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