MHRC forces ministry of Foreign Affairs to provide details of embassy staffing to journalist

State funded Malawi Human Rights Commission (MHRC) has ordered Ministry of Foreign Affairs to comply with an Access to Information Law request for information on staff and diplomats in Malawi’s foreign missions.
Nation Publications Limited (NPL) journalist Suzgo Chitete made the request which was rejected by the ministry citing national security reasons.
Chitete’s initial request for information on staff and diplomats in Malawi’s foreign missions was rejected by the Ministry on grounds that the information may compromise national security.
However, the Commission has ruled that the Ministry of Foreign Affairs “has not provided evidence that the personal information of the diplomats and other personnel can compromise the national security of Malawi.”
“There is no clear causal relationship between the information that is being sought and the prejudice which might occur in any way.
“The Ministry did not indicate that the third parties, being the diplomats and other personnel, did not consent to the information being disclosed as provided for in ATIA. The Ministry therefore does not have a valid ground as to why the information being held should not be disclosed” says MHRC.
MISA Malawi has since welcomed the MHRC determination, describing it as a step in the right direction in quest for greater transparency and accountability in the country.
“We call upon the Ministry of Foreign Affairs and all government departments and agencies to take note and abide by the directives in the determination.
Often times, Ministries, Departments and Agencies (MDAs) decide not to comply with request for information on flimsy grounds and the determination sets the bar higher on what could be justifiable grounds to warrant denial for requests to information.
“Crucially, the determination provides guidance on the critical question of national security versus access to information,” says Misa Malawi.
Misa Malawi further applauds Nation Publications Limited and journalist Suzgo Chitete in particular for the gallant work in ensuring that the law is enforced, saying laws on their own are not useful unless citizens and duty bearers take measures to ensure their enforcement.

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