The Right To information in Uganda: Unclogging The Bottlenecks

By Loyce Kyogabirwe |
The right to information (RTI) is essential for the functioning of any democracy and is a prerequisite for transparency, accountability, gender equality and citizens’ participation in governance processes. However, Uganda faces numerous challenges to realising the right to access information despite having an access to information law. In the course of 2016, the Collaboration on International ICT Policy for East and Southern Africa (CIPESA) made various interventions to advance RTI, including holding training events and round table discussions for civil society, the media and government officials.
Uganda’s 2005 right to information law remains little known and largely unimplemented. Government Ministries, Departments and Agencies (MDAs) hardly release information voluntarily and tend to be unresponsive to information requests from citizens, due to a culture of secrecy and government bureaucracy that conflict with the law. Conversely, few citizens demand for information as a result of low awareness of their rights and the belief that public officials routinely ignore citizens’ information requests.
At a December 15, 2016 dialogue involving public officials, including information officers from various MDAs, journalists and civil society representatives, it emerged that the government and citizens have not prioritised RTI. “The role of information has been undervalued and sometimes it gets a zero release in [MDA] budgets,” said a public official. Another noted that 11 years after the law was enacted, no MDA has submitted an annual report to parliament on its information disclosure record, including requests received from citizens, as required by the law.
Other challenges prominently cited included under-staffing in MDAs, employing information officers that are unqualified and who often lack mandate to speak on behalf of the public entity, and conflicting laws that make implementing the RTI law difficult.
Journalists shared their experiences of regularly being denied information, often with no reason provided. One journalist noted that informal approaches are the primary means of attaining public information held by the state.
At an earlier training for journalists, which was held on November 23, challenges of public information officers who are either not authorised to release information, or who refer to secrecy oaths not to release information, were prominently cited.
Further, journalists pointed out the cost of accessing information as a hindrance for ordinary citizens. “If it is my right to access information then why am I paying for it?” asked Regina Nassanga of Mama FM. According to the law, a fee of UGX 20 000 (Just over US$ 5) is required when making a formal request at an MDA office.
Despite these obstacles, there are some indications that things could get better. Each government department is now required to have an information officer, and a few public bodies are beginning to implement the government’s 2013 Communications Strategy, although they have been unable to make any significant increase to budget allocations for the information function.
Civil society representatives pointed out additional concerns including the lack of deliberate action to promote RTI particularity for women and people with disabilities. Moreen Nambalirwa from the National Union of Women with Disabilities noted that when information is disseminated to the public via television and radios, people with visual and hearing impairments miss out. She also stated that despite the directive from the Uganda Communications Commission that all TV stations should have a sign language interpretation during some news broadcasts, none of the more than 10 local TV stations have done so, further contributing to the exclusion and limited participation by PWDs in governance processes.
The convenings were organised by CIPESA and provided a space for civil society, public officials and journalists to share their experiences, learn from one another, and suggest possible ways to improve access to information.
 

Fostering the Right to Information Among Women’s Rights Organisations in Uganda

By Juliet Nanfuka |
Goal 5 of the Sustainable Development Goals is to ensure women’s full and effective participation and equal opportunities for leadership at all levels of decision making in political, economic and public life. Access to information is necessary in advancing gender equality and women’s participation in governance processes.
Accordingly, the Collaboration on International ICT Policy for East and Southern Africa (CIPESA) is undertaking a series of engagements to create awareness of the right to information law in Uganda and the avenues through which women’s rights organisations can exercise this right to empower women in the country.
At a training on November 11, 2016, 12 representatives from women’s organisations discussed the relationship between women’s rights and the right to information with a focus on how to utilise Information and Communication Technology (ICT) to bridge the two rights. Specifically, SDG 5b calls for enhancing the use of technology, in particular ICT, to promote the empowerment of women.
Ashnah Kalemera, CIPESA’s Programmes Officer, noted that, “For the realisation of women’s rights and indeed many other rights in Uganda, the role that access to information plays should be better understood and should not be seen as exclusive of other rights such as non-discrimination, privacy and right to health.” She added that, “it is every citizen’s right to have access to information held by the state. However, this is challenged by the lack of awareness to demand information which would enable a more transparent and accountable state and ultimately citizens who can make informed decision on issues that affect them.”
“Every citizen has a right of access to information in the possession of the State or any other organ or agency of the State 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.” Article 41 of the Uganda Constitution
Training participants noted that the unavailability of information hampers  civil society organisations’ engagement on pertinent social issues, as they often cannot develop in-depth reports or make interventions to  empower women on the basis of strong evidence.
The use of ICT as an enabler of access to information has long been recognised by Uganda citizens and officials alike, however, platforms such as the online information request portal Ask Your Gov are providing an avenue for ordinary citizens and organisations with limited access or technical skills to request information . The portal allows for information requests submitted and responses given to be seen by anyone who accesses the website.
At the training, participants assessed information requests on the portal and their relevance to women’s rights and submitted information requests of their own. Loyce Mugisa from the National Association of Women Organisations in Uganda (NAWOU) said a highlight from the training was discovering “the amount of information available that we did not know about.” She added that she placed an information request on the portal and within a few minutes received a response from the land ministry. According to the law, public officials have 21 days within which to respond to an information request, which has often been cited “too long” to wait. “Encouraged” by the prompt response to her query, Mugisa has since sent a follow up question. See the interaction here.
Long held skepticism about the voluntary release of public information by the state has contributed to the poor use of the law. This is also due to conflicts with existing laws such as  the Official Secrets Act.
Nonetheless, participants at the training reported an enthusiasm about the applicability of the law in their organisations to serve women’s interests.
*Organisations represented at the training included Alliance for Women in Development, Eastern African Sub-Regional Support Initiative for the Advancement of Women (EASSI), Isis-Women’s International Cross-Cultural Exchange (Isis-WICCE),  National Union of Women with Disabilities (NUWD), National Association of Women Organisations in Uganda, Uganda Association of Women Lawyers (FIDA), Uganda Media Women’s Association (UMWA), Women’s Democracy Network (WDN Uganda), Women And Girl Child Development Association (WEGCDA), Women of Uganda Network (WOUGNET), and Young Women’s Christian Association (YWCA-Uganda),
CIPESA’s engagements on women’s rights and access to information are supported by the Association for Progressive Communications (APC).
 

Strengthening Africa’s Conversation and Actions on Internet Freedom

By Juliet Nanfuka |

The Collaboration on International ICT Policy for East and Southern Africa (CIPESA) with the support of Facebook, the Ford Foundation, Google, Hivos, Open Technology Fund (OTF) and Small Media will assemble an audience in Kampala, Uganda for the Forum on Internet Freedom in Africa 2016. Set to take place on September 27–29, the Forum has become a crucial convening for actors on online freedom of expression and association, and the free flow of information in Africa.
Panel discussions at this year’s Forum will explore the growing trend of internet shutdowns, the increasing presence of violence against women online, the intersection of open data and human rights, African frameworks that protect online rights and their conflicts with outdated laws, amongst others.
“Recent events across various African countries make the Forum as indispensable as it ever has been in discussing challenges to online rights and the opportunities for collaborative efforts by state and non-state actors to meaningfully protect and advance internet freedom on the continent,” says CIPESA Executive Director Dr. Wairagala Wakabi. “We are glad to be facilitating growing awareness of online rights in Africa and are keen to continue contributing towards building this awareness amongst different stakeholders.”
Indeed, one of the pre events at the Forum will be the training of journalists and human rights defenders on human rights and internet policy. The training will be hosted by CIPESA, together with Paradigm Initiative Nigeria (PIN) and the United Nations Office of the High Commissioner for Human Rights (OHCHR) in Uganda.
The Forum, set to coincide with the International Day for Universal Access to information (September 28), will also serve as an opportunity to delve into the current trends on access to information on the continent. In partnership with the Africa Freedom of Information Center (AFIC) and Office of the Prime Minister (Uganda), a public dialogue on access to information as a driver to achieving the 2030 Development Agenda and the Sustainable Development Goals (SDGs) will also be held.
A key highlight of the Forum since its inception is the launch of the annual State of Internet Freedom in Africa regional reports. Previous editions of this report have focused on seven African countries – Burundi, Ethiopia, Kenya, Rwanda,  Tanzania and Uganda – with a stand-alone report produced on South Africa. This year’s report has been expanded to include 10 countries. The countries featured in the 2016 State of Internet Freedom in Africa report are Burundi, Democratic Republic of Congo, Ethiopia, Kenya, Rwanda, Somalia, South Sudan, Tanzania, Uganda, Zambia and Zimbabwe.
Dr. Wakabi adds, “Access to information and the state of internet freedom are closely interlinked. Countries with higher levels of information access tend to have more online liberties than those without, and they also generally have a healthier democratic culture. The power of public information, open data and a free and open internet should not be undermined if we are to achieve effective civic participation, respect for human rights, transparent, accountable and democratic governance, and realisation of the 2030 Development Agenda.”
The Forum serves as an opportunity to gather insights from the different stakeholders in the information society ecosystem towards promoting a free and safe internet, hence the key themes that emerge from the Forum are widely disseminated. The 2015 outcomes and recommendations were shared in spaces such as the Internet Governance Forum (Brazil), the Africa IGF (Cameroon) and the Stockholm Internet Forum, and in various national convenings.
The Forum has confirmed participants from at least 23 countries and speakers from over 46 organisations including the Berkman Klein Center for Internet & Society at Harvard Law School, Panos Institute Southern Africa, BudgIT (Nigeria), Article 19 (Kenya), Digital Society of Zimbabwe, the Web Foundation, Association for Progressive Communications (APC), iAfrikan, Namibia Broadcasting Corporation (NBC), Access Now, Kenya ICT Action Network (KICTANET), National Information Technology Agency (NITA) Ghana, and Research ICT Africa. Others include Hivos, Nation Media Group, Africa Media Institute, Media Institute of Southern Africa Zimbabwe Chapter, Freedom of Expression Institute (FXI), Privacy International (PI) , Uganda Police, Zambia Police Service, University of Malawi, Communications Regulators Association of Southern Africa (CRASA) and the Ministry of Information, Communications and National Guidance (Uganda).
Follow the conversation at #FIFAfrica16.

Announcement: Forum on Internet Freedom in Africa 2016

The Forum on Internet Freedom in Africa is scheduled to take place on September 27–29, 2016 in Kampala, Uganda.
The Forum provides a unique opportunity to deliberate and build a network of supporters of internet freedom in Africa. It brings together a wide range of civic actors such as journalists, bloggers, human rights defenders, and activists, private sector actors such as telecom companies, as well as communication regulators and law enforcement.
In 2015 the Forum assembled panelists from a diversity of backgrounds, which facilitated spirited discussions as captured in this report.

See the 2015 Forum Highlights video

A key highlight at the Forum is the launch of the State of Internet Freedom in Africa report that captures trends on internet freedom in select African countries. The 2016 report will cover the most number of countries so far.
These deliberations come as various African countries witness a slide in online freedom of expression and association, as well as breaches of the rights to privacy and access to information.
Visit the Forum page for more information.
Eventbrite - Forum on Internet Freedom in Africa 2016