Access to Information in Tanzania: Laws, Policies and Practice

By Lillian Nalwoga |
Despite the absence of a Right to Information law in Tanzania, advancements in the adoption of Information and Communication technology (ICT) in the country are enabling wider information availability in the public domain.
However, several impediments still stand in the way of citizens’ enjoyment of the right to information as guaranteed by the Constitution.
According to a new report by the Collaboration on International ICT Policy in East and Southern Africa (CIPESA), provisions under various laws and regulations, some as old as 40 years, have been used to restrict access to information.

“ Every person – (a) Has a freedom of opinion and expression of his ideas; (b) Has a right to seek, receive and/or disseminate information regardless of national boundaries; (c) Has the freedom to communicate and a freedom with protection from interference from his communication; and (d) has a right to be informed at all times of various important events of life and activities of the people and also of issues of importance to the society” Article 18 of the Constitution of the United Republic of Tanzania of 1977.

There has been slow progress in drafting an access to information law, with the process stalling since 2006, when the first Freedom of Information Bill was introduced by government. The absence of this law has made it cumbersome for those seeking information from public bodies.
The country is currently undergoing a Constitutional review process, with Articles 29 and 30 of the draft Constitution containing more elaborate and explicit provisions on freedom of expression, freedom of information and media freedom.
Although the proposed Constitution has been commended by civil society as a positive step towards promoting access to information in Tanzania, other existing laws such as The Newspapers Act, 1976, The National Security Act, 1970, The Public Service Act, 2002 and The Public Leadership Code of Ethics Act, 1995, would undermine these freedoms.
The Newspaper Act in particular has been used by law enforcement agencies against independent media and journalists. The Mwanahalisi newspaper was in July 2012 banned indefinitely under Section 25 of the Act, while Mwananchi was suspended for 90 days in September 2013.
Nonetheless, the government has in recent years made various attempts to make more public sector information available and to allow citizens to file queries, opinions, and complaints and provide feedback to public bodies. Notable efforts include the Open government data portal, Tanzania Government Portal, the central government portal, e-Government portal, the publication of reports by the National Audit Office and the Tanzania Extractive Industry Transparency Initiative (TEITI).
However, the CIPESA report notes that the information provided through these efforts is not regularly updated, is often in non-reusable formats and may not necessarily meet the needs of the public in terms of language or nature of information released.
On the positive side, some results can be pointed towards these government efforts in fostering improved government openness and accountability. The move by the Controller and Auditor General (CAG) to release its financial audit reports sparked public debate online and in Parliament over the mismanagement of funds, leading to the resignation and demotion of some public leaders in December 2014.
Meanwhile, civil society advocacy efforts to advance access to information are also on the rise. Initiatives such as that launched by the Media Institute of Southern Africa (MISA) Tanzania in 2010 to assess the most transparent and most secretive government institutions in the country have led to government recognition and acknowledgment of the need for increased transparency.
In addition, the Coalition on the Right to Information (CORI) consisting of 11 member organisations is working towards campaigns and awareness workshops to influence the government to enact the Freedom to Information law.
With a teledensity of 68 phone connections per 100 inhabitants and internet usage estimated at 9.3 million users, more Tanzanians are starting to realise the opportunities ICT offers in promoting transparency and good governance.
The research report recommends the use of a combinations of ICT, such as radio, print media, bulk SMS and automated calls in addition to public notice boards and community meetings to advance access to information in Tanzania.
Other recommendations towards improving freedom of expression, media freedom and access to information include  the enactment of the Access to information legislation, amending or repealing outdated laws such as The Newspapers Act of 1976, the Public Leadership Code of Ethics (Declaration of Interests, Assets and Liabilities) Regulations, and the National Security Act of 1970.
There is also the need to safeguard the rights and privacy of internet users through the enactment of cyber laws, including the adoption of a data protection and privacy law.
Further, the report recommends that all government Ministries, Departments and Agencies should make use of available ICT platforms including portals and social media to release more information into the public domain while awareness on use of ICT among citizens to access or seek public information should be promoted by all stakeholders.
Read the full CIPESA study on The Right to Information in Tanzania: Insights on the Laws, Policies and Practices

Promoting Community Dialogue on Service Delivery Failures in Northern Uganda

By Gladys Oroma |
In 2014, the Collaboration on International Policy in East and Southern Africa (CIPESA) in partnership with the Northern Uganda Media Centre (NUMEC) launched a project to make Public Sector Information (PSI) more accessible and reusable by stakeholders such as citizens, civil society and the media in Northern Uganda.
Focusing on the districts of Gulu, Nwoya and Amuru, which bore the brunt of the Lord’s Resistance Army (LRA) insurgency, the project sought to document the status of service delivery in the education, health and infrastructure sectors through the use of Information and Communication Technology (ICT).
In particular, the project set out to document service delivery failures as a result of donor aid cuts to the Peace, Recovery and Development Plan (PRDP), and to generate debate by citizens through community debates, radio talk shows and ICT-based engagements on improving service delivery needs of post-conflict communities.
Initiated by the Uganda government in 2009, the PRDP initiative aims to revitalise the economy and livelihoods of communities in the post-conflict region through efforts like construction of classroom blocks, rehabilitation of roads, constructions of bridges, supply of solar panels, and rehabilitation of health centres. However, the programme has been discredited following allegations of corruption, resulting in a general distrust of its activities by community members familiar with it.
Other activities by CIPESA and NUMEC included building ICT skills and knowledge for citizens and journalists to access and gainfully use open data and PSI to contribute to better service delivery; increasing interactions between citizens and leaders; and promoting greater access to PSI for citizens in Northern Uganda.
Community debates were conducted in the districts of Gulu and Nwoya, enabling local residents to engage directly with local leaders, PRDP officials and the media. During a community debate in October 2014, residents of Acet in Odek sub-county in Gulu reported that they were not informed about the PRDP activities in their locality.
David Latigo Odongo, Local Council chairman of the Acet village, said the majority of residents in the area were not familiar with PRDP. “Even the local leaders were not educated about PRDP activities so when officials from Kampala come and ask to be shown PRDP activities in the area, the local leaders get confused,” he said.
He added that it is such lack of sensitisation that makes the people not to monitor projects implemented in the area. “They do not know who will monitor and take care of PRDP projects, that is why when projects like water boreholes are constructed in the area, people look at it as freebies from either the government or NGOs,” he said.
Educating the community before implementing the projects would have enabled local leaders and the community to monitor the project, he said.
Proceedings of the community debates were recorded and broadcasted on Mega FM, a local radio station with an estimated reach of 1.6 million listeners. Also two video recordings of the community debates were produced, in addition to two 15 minute documentary videos capturing the service delivery challenges under PRDP. They were shared during the project dissemination meeting held in November 2014. The videos show shoddy works, lack of coordination among project implementers, incomplete projects and inadequate funds are some of the challenges affecting the success of the PRDP.
Furthermore, talk shows were conducted on Mega FM.  Through call-ins, listeners gave recommendations and opinions while others asked about the various stalled projects in their communities.
The first talk show held in July was attended by the Nwoya district Chairman, Patrick Oryema, the Chairman of Purongo Sub – Country, Francis Okumu, and the PRDP focal person for Nwoya Geoffrey Akena and members of the NUMEC team. The program focused on seeking further explanations on the failures on the PRDP from the officials.
The district officials pointed to the fact that some of the cases are currently before the Inspector General of Government (IGG) and that the district was trying to come up with a directive to allow them not to pay contractors until their work is completed.
The October talk show hosted the Sub-County Council Chairman of Odek, Adebe Wokorach, and the PRDP coordinator for Gulu district, Peter Enoch Ocen.
As a result of the community engagements, awareness of stalled projects under PRPD has increased and local people are now able to make follow ups on reported cases. For instance, the Gulu district Chairperson – Martin Mapenduzi was prompted to visit one of the documented schools, Awoonyim Primary School, to find out more about the stalled school project. However, at the time of this reporting, we were unable to establish the immediate outcome of the chairperson’s visit to the school.
The NUMEC-CIPESA partnership is in the context of the iParticipate Uganda initiative as part of the ICT4Democracy in East Africa network, supported by the Swedish International Development Cooperation Agency (Sida)

Understanding Information Flows in the Education Sector in Mayuge, Uganda

By Juliet Nanfuka
A recently concluded Situational Analysis Report focusing on the Education Department in Mayuge District, Eastern Uganda, found that voids exist in the flow of information between citizens and leaders, leading to restricted participation in decision making processes.
The poor flow of information in the sector has contributed to poor service delivery and a negative attitude amongst some members of the community towards funding their children’s education. It was revealed that some citizens, including local leaders, did not know where to find information on education or had no way of reaching information points including the district headquarters. Reports of information hoarding had further strained the school-parent relationship, resulting in parents calling for more involvement in the management of schools.
The findings of the study are based on desk research, interviews with district officials and focus group discussions which involved head-teachers, teachers, parents and members of the community on local school boards. This was also supported by a SWOT analysis that aimed at understanding the flow and management of information within the education department at district level. The study was conducted by the Busoga Rural Open Source and Development Initiative (BROSDI) in the context of the ICT4Democracy in East Africa initiative.
According to the study, parents and teachers primarily relied on radio to receive district level education related information while word of mouth was the secondary source of relevant information.  Meanwhile, according to the District officials, the Education Department’s primary tool for disseminating information was through short message service (SMS) to parents and head teachers. This revealed a disconnect in information reception and dissemination with the probability that not all information is received from the Department in a timely manner if the community preferred radio to SMS.  In addition, there was no efficient means for community members to raise issues with the education department.
Information flow gaps such as these need to be addressed utilising the most widely used and accessed ICT tools by both parents and teachers. This would reduce the timeframe in which information has to travel, maintain the integrity of information, and  reach larger numbers of community members. These ICT can also support more inclusivity of the community members in the district education decision making processes in the pursuit of a more accountable, transparent and effective governance.
On the service delivery front, although the research commended the current leadership style for timely delivery of scholastic materials, it was faulted for its failure to address challenges such as understaffing, low teaching standards and inspectors not reaching remotely located schools.
Respondents noted the need for better flow of information as a means of addressing these challenges and maintaining current strengths including the provision of teachers in understaffed schools, infrastructure such as direct water access in schools and improved access roads to schools. The maintenance and monitoring of these challenges can rely on the efficient use of ICT to relay information between the community and the district education department.
The report highlighted social media (blogs, Facebook, Twitter) and interactive websites including the District website in conjunction with existing mechanisms such as SMS and the district notice board as tools that can serve to improve service delivery and participation in the district’s education sector.
See the full report here.

Citizens’ Use of ICTs in Social Accountability in Uganda’s Kasese District

By Ashnah Kalemera
The eSociety Resource Centre Kasese is a community centre hosted by the Kasese district local government in Western Uganda. It acts as a one stop point for local government officials and community members to access various Information Communication and Technology (ICT) tools and services. The centre provides ICT training programmes, hosts an information library, runs an online discussion group, maintains a news blog and social media accounts (Facebook, Twitter, Youtube). These are all aimed at enhancing citizens’ competence in monitoring government services, promoting accountability, civic participation and good governance in Kasese District.
Since 2011, the Collaboration on International ICT Policy for East and Southern Africa (CIPESA) has provided support to the centre, including computer equipment, internet subscription, centre maintenance and support to an ICT training officer. The support is in the context of CIPESA’s project which seeks to promote citizens’ use of ICTs for improved governance partly through grassroots public ICT access centres. The other partner centres in the project are the Northern Uganda Media Club (NUMEC) and the Busoga Rural Open Source and Development Initiative (BROSDI).
The eSociety centre hosts an average of 250 users per month, mainly local citizens, journalists and local government officials. CIPESA has offered media and district officials training  in citizen journalism, geocoding methodology and data collection, information access and dissemination.
During the course of the CIPESA-eSociety partnership in 2014, we conducted a poll survey amongst a random selection of the centre users to assess their capacity and proficiency in demanding for better services, and participation in governance processes.
The results of the poll survey
On the frequency of internet access through mobile (phone and tablet), and desktop/laptop computer at home, work, internet café or the eSociety Centre 34% indicated daily use of the internet and 33% weekly.
When queried on the frequency of using ICTs to engage with leaders, 28% of respondents said they contacted their local leaders at least once a week, while 22% contacted them daily. Another 22% admitted to never contacting their local leaders.
Discussing a governance/service delivery issue was the reason most people (77%) contacted their local leaders. Second was following up on election manifestos (16%). Only 11% contacted their leaders to request for district budget information.
Email was the most commonly used means of contacting leaders at 72%. None of the respondents used text messages to contact their leaders despite widespread mobile phone ownership. Also, with an increasing number of people, including leaders, using social media, the platform was only used by 11% of respondents to contact leaders.
Table 1: ICT tools used to contact local leaders

Tool Yes No
Sending an email 72% 28%
Using social media (Facebook, Twitter) 11% 89%
Telephone call 50% 50%
Text message 0 100%
Other Physically/ Word of mouth

For 89% of respondents, drugs shortages in local hospitals/health centres was the most pressing community need. This was followed by corruption and poor road infrastructure.
 Table 2: Pressing service delivery issues in Kasese district

Issue Percentage of respondents
Drugs shortages in hospitals/health centres 89%
Corrupt officials 83%
Poor state of roads 83%
Lack of clean water 78%
Poor state of hospitals (facilities and standards) 72%
Low staff levels (doctors and teachers) 72%
Poor state of schools (facilities) 67%

Challenges to using ICTs
The most widely cited challenge to the use of ICT tools in accessing service delivery information in the local community was the high cost of accessing and using tools – cited by 78% of survey participants. Another common challenge was the lack of immediate feedback  from the responsible officials (17%). Other challenges cited by respondents included unreliable electricity supply, poor network coverage (voice and data), and the long distances that citizens have to travel to access ICT centres/services.
The poll results indicate a good level of citizen engagement and awareness of service delivery issues in Kasese District. They further show that free ICT services provision for the centre’s users has enhanced service delivery monitoring and citizen participation in governance through ICTs in Kasese district. However, there remains need to continue identifying emerging ICT participative practices and needs at the centre, and building citizens’ capacity to effectively engage with their leaders for improved service delivery and governance. There is also the need for more leaders to more proactively engage with the ICT tools that citizens are increasingly utilising to reach them.
CIPESA’s iParticipate Uganda project is part  of the ICT4Democracy in East Africa Network which is supported by the Swedish Program for ICT in Developing Regions (Spider) and the Swedish International Development Cooperation Agency (Sida).
Featured image from: http://rwecovoice.blogspot.com/2010_11_21_archive.html

Documenting the Impact of Aid Cuts on the Peace Recovery and Development Plan (PRDP)

By Lillian Nalwoga
Between March and July 2014, the Collaboration on International ICT Policy in East and Southern Africa (CIPESA) in partnership with the Northern Uganda Media Centre (NUMEC) launched a project to document service delivery failures as a result of donor aid cuts to the Peace Recovery and Development Plan (PRDP) in Northern Uganda.

DSC_0052
Ojok Churchill, a guard at Koro Abili health center II also plays the administrative role of recording patient details at the facility.

Focusing on the districts of Gulu, Nwoya and Amuru, service delivery failures under the education, health and infrastructure sectors were documented through Information and Communication Technology (ICT). Shoddy works, lack of coordination among project implementers, incomplete projects and inadequate funds are some of the challenges affecting the success of the PRDP.
Launched in 2007 in consultation with development partners, the PRDP was set up to consolidate the state authority, rebuild and empower communities, revitalise the economy and promote peace building and reconciliation in post-conflict Northern Uganda. The plan covers 55 districts and 9 municipalities. Although implementation begun in 2009, the PRDP has been dogged by corruption scandals and inadequate information on progress. The second phase of the PRDP which began in July 2012 and is due to end in June 2015, has faced similar challenges culminating in the suspension of support from key donors as a result of misappropriation of funds by officials under the Office of the Prime Minister.
In the education sector, the CIPESA-NUMEC documentation found that one school – Awoonyim Primary School in Patiko Sub County Gulu district – is reported to have received funding for the construction of a teacher’s housing unit, two classroom blocks and supply of sixty desks in the PRDP of 2009/2010. However, during field visits it emerged that the classrooms were poorly constructed while the housing unit construction was abandoned midway by the contractor without any explanation to the school administration. In another case, a vehicle meant to assist the District Education Officer in monitoring school activities was never procured despite a budget allocation of 80 million Uganda Shillings (UGX) under the 2010/2011 financial year under the PRDP.
Under the health sector, Koro Abili Health Centre II and Purongo Health Centre II in Gulu and Nwoya districts were reported to have also been affected. Although an outpatient unit had successfully been built at the Koro Abili Health Centre II, it was under staffed and the center porter was acting as the administrator on behalf of the Assistant Nursing Officer. Meanwhile, the construction of a maternity ward worth UGX 80 million at Purongo Health Centre II had been abandoned midway by the contractor despite having been fully paid.
The Kaladima Guru- Guru is one  of a  few main roads in the area. The broken culvert has rendered the road impassible  for vehicles.
The Kaladima Guru- Guru is one of a few main roads in the area. The broken culvert has rendered the road impassible for vehicles.

On the transport infrastructure front, the construction of the 70 kilometre (km) road linking Guru-Guru to Pabbo, a main entry in Lamogi Sub County in Amuru district, had been abandoned by the contractor. The road is impassible during the rainy season thus cutting off the communities from each other. The contractor had also not paid off locals who were employed during the construction. Atkinson Ojara, the Sub-County Chairman of Lamogi, attributed the road construction challenges to poor communication between sub-county officials.
The overall objective of the CIPESA and NUMEC partnership is to make Public Sector Information (PSI) more accessible and reusable by stakeholders such as citizens, civil society and the media in Northern Uganda. This involves repackaging information availing it online, in print and over radio,generating evidence on the impact of information access and use on transparency and accountability.
Other activities have included building ICT skills and knowledge for citizens and journalists to access and gainfully use open data and PSI to contribute to better service delivery; increasing interactions between citizens and leaders; and promoting greater access to PSI for citizens in Northern Uganda.
Watch the 15 minute documentary capturing the service delivery challenges under PRDP here.  A picture story is also available here.
This work is supported by the Swedish Programme on ICTs in Developing Countries (SPIDER) and is part of the ICT4Democracy in East Africa project.