Access to Information in Uganda to be Recognised at Internet Freedom Forum

As part of its OpenNet Africa initiative which is aimed at promoting internet rights in Africa, the Collaboration on International ICT Policy for East and Southern Africa (CIPESA) is next week set to host the second Forum on Internet Freedom in East Africa. The two-day event is scheduled for 28 and 29 September 2015, in Kampala, Uganda and will coincide with the International Right to Know Day.

Uganda was the first of two  countries in East Africa to adopt  an Access to Information Act (ATIA) in 2005 (the other is Rwanda in 2013) which promotes the right of access to information and supports public participation in decision-making processes. As part of the forum the Ministry of Information and National Guidance in the Office of the Prime Minister (Uganda) in partnership with CIPESA and the Africa Freedom of Information Centre (AFIC) will celebrate the 10th anniversary of ATIA, host discussions to evaluate the implementation of the law, how to overcome challenges on implementation and proposals for amendments. The second State of Right to Information (RTI) in Africa report will also be presented.

In Africa, Government Ministries, Departments and Agencies (MDAs), Civil Society Organisations (CSOs), the private sector, academia and ordinary citizens are increasingly utilizing online tools for social and economic engagement, online debate, advocacy and business development. The Forum will serve as a platform to discuss how the current state of internet freedoms in Africa affects these engagements. Further, it will also explore the threats online engagements face, how emerging global issues impact upon local users, as well as the opportunities for action to promote access, privacy and security online.

The 2015 edition of the State of Internet Freedom in East Africa Report will be launched at the Forum.

Ashnah Kalemera, Programmes Associate at CIPESA, says that, “This report is the culmination of exploratory research conducted in Burundi, Ethiopia, Kenya, Rwanda, Tanzania and Uganda into the threats to access, privacy and security online, as well as the knowledge, attitudes and practices of citizens on internet freedoms in these countries. The insights gathered can help guide policy makers, civil society, telecommunication regulatory authorities in understanding the internet freedom landscape in the region including the challenges, opportunities and developments.”

According to the International Telecommunication Union, by the end of 2015, there will be 3.2 billion users of the internet, of which 2 billion will come from developing countries. This translates to 34% of households in developing countries accessing the Internet, compared with more than 80% in developed countries. In the report focus countries, internet penetration in Burundi stands at 4.9% (2013 statistics), while according to 2014 statistics, Kenya had a penetration of 52%, while Rwanda was 20%, Tanzania at 4.8% and in Uganda at 20%.

The Forum brings together human rights defenders, journalists, government officials, academia, bloggers, developers, the arts community, law enforcement agencies and communication regulators, all of whom have a role to play in advancing the rights of citizens to privacy and freedom of expression in the online sphere.

Participants confirmed to attend hail from Burundi, Cameroon, Democratic Republic of Congo, Ethiopia, Germany, Italy, Kenya, Nigeria, Rwanda, Tanzania, South Africa, South Sudan, Sudan, Somalia, Uganda, United Kingdom, United States of America, Zambia, and Zimbabwe.

Speakers at the panel will come from organizations including Article 19, Bayimba (Uganda), Bloggers Association Kenya, Chapter 4, ICT Association Uganda (ICTAU), Globaleaks, Global Voices (Uganda), Great Lakes Voices (Rwanda), Hub for Investigative Media (HIM), iHub Research (Kenya), Internet Society [(Africa, Burundi and Uganda Chapters], Jamii Forums (Tanzania), UNESCO, Facebook, Kenya ICT Action Network (KICTANet), Makerere University (Uganda), Media Institute of Southern Africa (MISA), Paradigm Initiative Nigeria, Protège QV, Uganda Media Centre, Uganda Communications Commission (UCC), Uganda Police Cybercrime Unit, University of Nairobi, Web We Want, Writivism (Uganda) and the Women Of Uganda Network (WOUGNET) among others.

Topics to be discussed include electioneering and extremism in the digital age, press freedom, access to information online, the economics of the internet, digital safety, online violence against women and cybercrime. See the Programme.

We are thankful for the support received from the African Centre for Media Excellence (ACME)Ford Foundation, Hivos, Open Technology Fund, UNESCO and Web We Want.

 

Uganda: The Challenge of Accessing Public Information

The inhabitants of Bushenyi District in Uganda have seen their right to access in­formation blatantly violated by public bodies; reflecting the plight of thousands of ordinary citizens who wish to hold their leaders account­able.
Unusual and suspicious delays in the execution of a contract to build a new sta­dium in the District of Bushenyi amid rumours that the District had issued certificates against which payments were made when work had not been done prompted this community led by Civil Society Forum, a local NGO, on Decem­ber 8, 2009 to demonstrate and file a series of requests for access to documents related to the contract.
The first request was made to Dis­trict Local Governments with copies to the Resident District Commissioner, the President’s representative at district level whose duty is, amongst others, to monitor government pro­grammes on the President’s behalf.
With a mute response from local au­thorities, the residents again led by Civil Soci­ety Forum brought the matter to the attention of the Monitoring and Evaluation Unit of the Office of the Prime Minister as well as the De­partment of Ethics and Integrity, Office of the President in December 2010. Still these efforts did not help citizens get the documents or the contract executed as required.
The contract entailed improving and constructing a stadium in the district at the cost of 906 million Ugandan Shillings (about $ 377 500). It was awarded in 2005 to HABA Construction Company, an entity owned by Mr. Hassan Bassajabalaba, a member of the NRM Central Executive Committee, the ruling party’s top policy organ.
Facing these huge obstacles to enjoy­ing their constitutional right to information, this community had to seek external help. The Human Rights Network of Uganda (HURINET) stepped in and joined the CSO Forum to take the matter to court in the beginning of 2011. On the scheduled date of the hearing, HURI­NET lawyers were ready and attended court but hearing did not take place because the Chief Magistrate was reportedly sick.
In a letter dated 10th May 2011 (but received in July 2011) the District finally yield­ed to pressure and responded by providing ,among others, the architectural plan of the stadium, the four certificates of completion, contract agreement with bills of quantities and evidence of payments made. According to these documents, the contractor did not only receive the contracted sum but also took the Local Government to Court and won an addi­tional 40 million Ugandan Shillings (about $16 667) for breach of contract yet very little work had been done. Following the filing of the case in court by CSOs the District Local Government contracted another company Rose ST to com­plete the works.
These developments may be a vic­tory for access to information, but they also confirm how far mindsets in public institutions need to change from secrecy to openness to ensure effective enforcement of Uganda’s ac­cess to information legislation.
Concerns similar to that of Bushenyi were the basis for information requests made by Africa Freedom of Information Centre (AFIC) to the Uganda Land Commission, Ministry of Education and Sports as well as the Ministry of Gender, Labour and Social Development. All the three public bodies have refused ac­cess and have never reported to Parliament on information requests received in compliance with Section 43 of the Access to Information Act.
It is not clear why the Auditor Gen­eral has never raised questions. There is also no information as to why the Resident District Commissioner, the Office of the Prime Minister and the Ministry of Ethics and Integrity did not act on the reports by the Western Civil Society Forum. It remains to be seen if the Inspector General of Government will take interest in the matter now that records have been made avail­able and clearly something went wrong some­where.
Republished with the kind permission of AFIC.