1
A REPORT ON
THE
THE EAST AFRICAN AND BEYOND CONFERENCE ON FREEDOM OF INFORMATION
HELD ON
APRIL 21ST -23RD 2008
AT
IMPERIAL ROYALE HOTEL, KAMPALA-UGANDA
Conference Organizers
HURINET – U
Human Rights Network-Uganda (HURINET-U) was established in 1993 by a group of eight human rights organizations, and was formally registered as an independent, non-partisan and not for profit organization in 1994. The membership of HURINET-U currently sits at 31 and is drawn from organizations that are committed to diverse human rights issues but complementary in terms of areas of focus, such as child rights, gender and women’s issues, torture, peace building and conflict resolution, prisoners’ rights, refugee rights and labour rights. Members range from purely Ugandan NGOs to international organizations.
Open Society Justice Initiative
The Open Society Justice Initiative, an operational program of the Open Society Institute (OSI), pursues law reform activities grounded in the protection of human rights, and contributes to the development of legal capacity for open societies worldwide. The Justice Initiative combines litigation, legal advocacy, technical assistance, and the dissemination of knowledge to secure advances in the following priority areas: national criminal justice, international justice, freedom of information and expression, and equality and citizenship. Its offices are in Abuja, Budapest, London, New York and Washington DC.
Open Society Initiative for East Africa
The Open Society Initiative for East Africa (OSIEA) supports and promotes public participation in democratic governance, the rule of law, and respect for human rights by awarding grants, developing programs, and bringing together diverse civil society leaders and groups. OSIEA seeks to promote open society and to consolidate democratic principles and practices through increased public participation and the creation of a strong institutionalized rights framework. OSIEA seeks to play an active role in encouraging open, informed dialogue about issues of national importance.
African Freedom of Information Centre
African Freedom of Information Center provides technical assistance to civil society organizations in different countries to develop and implement Freedom of Information advocacy, litigation and monitoring strategies. It is a regional centre, where experiences garnered from different countries can be pooled and shared among civil society activists, to provide a platform for cooperation and collaborative activities in the region. The centers activities include building capacity, developing linkages and networking, providing support, and facilitating collaborative action between civil society organizations all over Africa.
World Bank Institute
The World Bank is a source of financial and technical assistance to developing countries around the world. We are not a bank in the common sense. It is made up of two unique development institutions owned by 185 member countries, the International Bank for Reconstruction and Development (IBRD) and the International Development Association (IDA). Each institution plays a different but supportive role in the mission of global poverty reduction and the improvement of living standards. The IBRD focuses on middle income and creditworthy poor countries, while IDA focuses on the poorest countries in the world. Together they provide low-interest loans, interest-free credit and grants to developing countries for education, health, infrastructure, communications and many other purposes.
Foreword
HURINET U in partnership with Open Society Initiative for East Africa, Open Society and Justice Initiative , African Freedom of Information Centre and the World Bank organized the first of its kind conference on the Freedom of Information under the theme “Securing and Implementing a robust Freedom of Information Legislation Regime in Uganda and the Broader East African Region and Beyond”..
The conference was borne from the fundamental democratic value of increasing citizen participation in the governance process. Accordingly, giving nations transparency and accountability in government and in this case, combating corruption in the East African region and beyond. The conference focused on the adoption of appropriate institutional and legislative measures that guarantee the effective application of the Freedom of Information principles throughout Africa and beyond.
The participants to the conference were drawn from countries at varying stages in the formulation and implementation of the freedom of information legislation. This greatly enhanced its potency as a forum for information sharing and crucial space for a campaign to reignite action on the Freedom of Information in the East African region and beyond. It also created a window of opportunity to heighten advocacy and contributed to the consolidation of democracy and underscore tenets of good governance in the region.
The three day conference created a platform for peer learning and information sharing and exchange and was able to impact knowledge on the ability to better advocate for and support information legislation in their respective areas.
Participants gained invaluable skills and approaches to ingrain cultures of transparency and accountability from their governments to their people and were exposed to both current and effective strategies for successful implementation of Freedom of Information legislation where legislations exist. The study practical approaches to operationalise the Freedom of Information Legislation were used where participants learnt to monitor and evaluate government compliance with the legislation; to include skills on using modern ICT tools. For those countries with no current legislation on the Freedom of Information, the conference played a part in increasing collaboration, peer learning, networking and information sharing on Freedom of Information and examined strategies for the enactment of this legislation.
The conference also created a forum to springboard for future collaboration and partnership in the struggle for FOI legislation to further enhance access to information in the world.
The conference drew a total of 78 participants from the countries of Kenya, Rwanda, Tanzania, Nigeria, Mozambique, South Africa, India, Indonesia, Zambia, Senegal, Cameroon, USA, Hungary Budapest, Ghana, Madagascar and Uganda.
The conference was facilitated and moderated by Freedom to information gurus at not only the National level but the regional and International level.
Acknowledgements
Gratitude is extended to the following without whom the conference would not have been a success;
· Those who provided Funds for the conference; Open society Initiative East Africa, Open Society Justice Initiative, World Bank and Africa freedom of Information Centre.
· HURINET-U Staff
· Conference Facilitators
· Conference moderators
· Conference participants and
· Imperial Royal Hotel
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Conference organizers
Foreword
Acknowledgement
Day one: Advocacy Strategies for Securing the Enactment of Freedom of Information Legislation
Chapter One: Introduction 9
1.1 Introduction
1.2 Conference Objectives 10
1.3 Participant expectations 11
1.4 Methodology 11
1.5 Conference Evaluation 11
Chapter Two: The Status of Access to Information. 12
2.0 The status of Access to Information in the World. 12
2.1 The status of Access to Information in the East Africa region and beyond 12
Chapter Three: Approaches to Advocacy 53
3.0 Challenges and solutions of the enactment of Freedom of Information 53
3.1 Effective FOI strategies 69
Chapter Four: Coalition Strengthening 84
Day two: Practical Approaches to effective strategies for ensuring the implementation of the Freedom of Information
Chapter Five: Gaps in Implementation 90
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5.1 Gaps in implementation and practical solutions. 90
Chapter Six: Barriers to the Realization of Freedom of Information 95
Chapter Seven: Roles and Responsibilities of Civil Society and Government on Access to information 98
Day three: Monitoring Government compliance on the Freedom of Information
Chapter Eight: Effectively Handle a Culture of Secrecy 101
8.0 How to monitor information in a culture of secrecy- Usage of information 101
8.4 Skills on using modern ICT tools for monitoring Freedom of Information 115
Chapter Nine: Freedom of Information, the electoral process and elections in Africa 120
Chapter Ten: Designing an effective oversight mechanism – South Africa Experience 122
Way forward
Conclusion
Appendix
Day one: Advocacy Strategies for Securing the Enactment of Freedom of Information Legislation
CHAPTER ONE
1. O INTRODUCTION
The importance of this conference can not be overstressed. It addressed the most crucial issue of the day – freedom of information- which interestingly continues to be alluded to by both it advocates and foes in glowing terms albeit for different reasons:
“ when information which properly belongs to the public is systematically withheld by those in power, the people soon become ignorant of their own affairs, distrustful of those who manage them, and eventually-incapable of determining their destinies”
President Richard Nixon 1972
Freedom of information is not a mere abstract concept to be bandied about or something simply ‘politically correct’ to say for public effect. It is a more serious matter that resonates in every facet of our lives and one that can make a difference in the lives of our constituents. We are not disinterested academics looking at a concept but activists engaged in a campaign to make freedom of information in regions a reality.
A conducive legal and institutional framework are a sine qua non for ensuring rule of law, good governance, constitutionalism as well as the promotion, protection and realization of human right. It is true in regard to freedom of information and is indeed the inspiration behind the work on the right of access to information in Uganda.
HURINET-U hosts the civil society coalition on freedom of information (COFI), which fervently advocated for the enactment of a conducive access to information legislation and is now rolling out a campaign for its implementation.
Active participation in the Conference helped to create strategies for the next steps of action for increased information flow as a way that enhanced citizen participation in government decision making processes. The Conference was a worthwhile experience where knowledge was gained, networks formed, and friendships made.
Welcome remarks by Mr. Mohammed Ndifuna
On behalf of the Chairman Board, HURINET, Mr. Mohammed Ndifuna, The National Coordinator (HURINET-U) welcomed all participants to the conference and thanked them for having honored the invitations sent to them. He thanked Open Society Justice Initiative, Open Society Initiative for East Africa, Africa Freedom of Information Centre, World Bank Institute for the support offered in organizing the conference.
Official Opening by Hon. Kirunda Kivenjinja, Third Deputy Prime Minister and Minister of Information and National Guidance, Uganda
Rt. Hon. joined conference participants on the second day and noted that Uganda has already has the Access to Information Act (2005) and is leading in the East Africa region. He noted that access to information, that is in possession of the state or any organ or agency of the State is a constitutional right derived from Art. 41 of the 1995 Uganda Constitution which states that
“Every citizen has a right of access to information and records in the possession of the State or any public body except where the release of the information is likely to prejudice the security or sovereignty of the State or interfere with the right to the privacy of any other person”.
He further observed that although the Act was passed in 2005 and came into effect on 20th April 2006, one of the areas which has delayed its effective implementation to date has been the absence of regulations to give people who want information, the procedure for accessing records from a public body hence guide the implementation of the law.
The Minister informed the Conference that the Directorate of Information is planning a consultative workshop on Monday April 28, 2008 to enable representatives of CSOs, public bodies, and development partners deliberate and come up with a consensus on the draft regulations. This he said would enable the Ministry, thereafter issue the relevant Statutory Instrument for the Regulations that will ease the procedure of accessing records that are not only in possession of the State but private bodies.
1.2 Conference Objectives
· Expose participants to both current and effective strategies for ensuring the successful implementation of Freedom of Information legislation.
· Build networks and increase collaboration.
· Build strategies on learning/knowledge and sharing on freedom of information with a view to increase information flow on government decision making processes.
· Design strategies for promoting FOI in East Africa and beyond.
1.3 Participant Expectations
· To learn about the experience of African countries regarding FOI and exchange information.
· Learn the gaps on implementation of FOI in Africa.
· Learn advocacy strategies for use on FOI
· Identify specific obstacles to effective implementation of the Access to Information Act.
· Learn about current developments on FOI in the East African region.
· Get skills on monitoring/evaluating Government compliance on FOI Law.
· Understand legislation and its impact on Access to information in Uganda and the broader East African Region more especially Uganda.
· Build a network of organizations involved in Freedom of Information advocacy. This is not only to share information but also to develop a strong demand from civil society for that purpose.
1.4 Methodology
The conference was largely participatory with participants responding to the various presentations made. Participants formulated strategies and made crucial recommendations to be used by Freedom of Information Advocates in their respects countries.
1.5Conference Evaluation
· Participants were informed of both current and effective strategies for ensuring the successful implementation of Freedom of Information legislation.
· Networks were built and collaboration were strengthened.
· Strategies for promoting FOI in East Africa and beyond were developed and are yet to be adopted.
CHAPTER TWO
2.0 The Status of Access to Information in the World. Presented by Eszter Filippinyi, Programme officer Open Society Justice Initiative.
Only four countries in Africa have FOI Laws (Uganda, South Africa, Angola and Zimbabwe). Most countries in Africa do not have a law on Access to Information which makes it very important to talk about the right to know.
Accesses to Information was first adopted by Sweden in 1766, and currently over 70 countries have Freedom to Information laws with Indonesia having passed hers in April 2008. It’s imperative to note however that a lot needs to be done because adoption and implementation of this Law has increasingly become a real challenge. Countries with the FOI law find it hard to implement because there is not enough public awareness and use of the law, there is also lack of rules and regulations for implementation and awareness among government officials. Civil Society Organizations (CSOs) stand to benefit from this Law and if they do not know how to use this laws then the Law remains a ‘paper tiger”. An other challenge is the harmonization of the FOI legislation wit other laws, that can easily undermine the free access, such us secrecy laws, data protection, archive law, media law.
A Network of Freedom of Information Advocates was created in 2002 and has members from all Continents, to share information on FOI related issues (www.foiadvocates.net). FOI have been developed, A similar Network will be created for the Africa Region, by the Africa Freedom of Information Center (AFIC), which will facilitate information and experience sharing among FOI groups (both in English and French).