Tanzania: 38 NGOs Call on States To Express Concern Over The Human Rights Situation
Posted onMay 13, 2019
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News Update |
Today, DefendDefenders and 37 Tanzanian, African and international human rights organisations publish a letter calling on states to use the next session of the UN Human Rights Council (HRC) to raise concern over Tanzania’s situation in order to prevent a further deterioration.
Since a group of 30 NGOs first wrote a letter on Tanzania, in August 2018, the space for human rights defenders (HRDs), civil society, journalists, bloggers, the media, LGBTI persons, and opposition and dissenting voices has continued to shrink. The situation in Tanzania, which ranks 118th in Reporters Without Borders’ World Press Freedom Index this year, calls for a response at the United Nations. This can be in the form of individual (national) or joint statements by state delegations.
In the letter, the group of NGOs say: “While we do not believe that at this point, the situation calls for a [HRC] resolution, warning signs of a mounting human rights crisis exist.” We echo the statements delivered in recent months by the UN High Commissioner for Human Rights, and call for preventative engagement with the Tanzanian government.
Sincerely,
- AfricanDefenders (the Pan-African Human Rights Defenders Network)
- African Freedom of Expression Exchange (AFEX)
- Amnesty International
- ARTICLE 19
- Asian Forum for Human Rights and Development (FORUM-ASIA)
- Association for Human Rights in Ethiopia (AHRE) – Ethiopia
- Association for Progressive Communications (APC)
- Center for Civil Liberties – Ukraine
- Central Africa Human Rights Defenders Network (Réseau des Défenseurs des Droits Humains en Afrique Centrale – REDHAC)
- The Centre for Peace and Advocacy (CPA) – South Sudan
- CIVICUS
- Civil Rights Defenders
- Collaboration on International ICT Policy for East and Southern Africa (CIPESA)
- Committee to Protect Journalists
- Commonwealth Human Rights Initiative
- DefendDefenders (the East and Horn of Africa Human Rights Defenders Project)
- Geneva for Human Rights / Genève pour les Droits de l’Homme
- Human Rights Defenders Network – Sierra Leone
- Human Rights Watch
- International Commission of Jurists
- International Federation for Human Rights (FIDH)
- International Lesbian, Gay, Bisexual, Trans and Intersex Association (ILGA)
- International Service for Human Rights
- The International Youth for Africa (IYA) – South Sudan
- JASS (Just Associates)
- Legal and Human Rights Centre (LHRC)
- Ligue burundaise des droits de l’homme ITEKA – Burundi
- MARUAH – Singapore
- The Network of South Sudan Civil Society Organizations in Uganda (NoSSCOU)
- The Nile Centre for Human Rights (NCHR – South Sudan)
- Odhikar – Bangladesh
- The ONE Campaign
- Southern Africa Human Rights Defenders Network (SAHRDN)
- Reporters Without Borders
- Robert F. Kennedy Human Rights
- Tanzania Human Rights Defenders Coalition (THRDC)
- West Africa Human Rights Defenders Network (ROADDH/WAHRDN)
- World Organisation Against Torture (OMCT)
This article was first published at the website of DefendDefenders on May 13, 2019.
ToroDev trains Journalists in Online, Gender-Sensitive and Investigative Reporting to Improve Public Service Delivery
Posted onMarch 28, 2019
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ToroDev News Update |
The One day training was conducted on 21st, March 2019 at St Joseph Inn Virika and it was facilitated by Madam Enid Ninsiima from Daily monitor Kasese and Madam Josephine Kasenda of Rwenzori Women’s Network. The main aim of the training was to build the capacity of reporters and other journalists to enable them acquire knowledge and skills in Gender-Sensitive Reporting on Improved Public Service Delivery in Health, Education, and Economic Development & Investigative Journalism in the Rwenzori Region.
Leveraging ICT to Promote the Right to Information in Uganda: Insights from Ask Your Government Portal
Posted onMarch 11, 2019
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By Loyce Kyogabirwe |
Despite the existence of legal and regulatory frameworks that promote the right to information, access to public information remains a big challenge in Uganda. The potential of ICT to promote citizens’ access to information is widely acknowledged and in 2014, the government and civil society partners launched the Ask Your Government (AYG) web platform that allows citizens to make online information requests to government Ministries, Departments and Agencies (MDAs).
However, four years on, it is evident that most citizens might not be aware of their right to informationlet alone the procedures for accessing information and data that is held by public bodies. Meanwhile, public officials continue to ignore citizens’ information requests despite efforts to equip both the duty bearers and rights holders, including information officers, journalists as well as women’s rights organisations, with knowledge and skills on rights and responsibilities.
User statistics from the AYG portal show an increase in the number of requests as well as number of public agencies registered on the portal. Between 2014 and 2016, only 243 requests were submitted to 76 agencies. But by June 2018, the number of information requests submitted had reached 2,450, to 106 MDAs (20 Ministries, 60 Departments and Agencies and 26 to Local Government Officials).
Use of the Ask Your Gov Uganda platform between 2013 and 2018
The highest number of information requests have been submitted to the Uganda Revenue Authority (URA) – 350 between June 2014 and June 2018, followed by the Ministry of Defence with 152.
However, the nature of requests lodged still indicates a misinterpretation of what falls under a public information request as most of the submissions are related to internships and Tax Identification Numbers (TIN). Perhaps this is an indication of the priority information needs of many of the portal’s users.
Also of concern is the low response rate to information requests. Of the 2,450 requests submitted between June 2014 and June 2018, only 121 have been indicated as successful and and 102 as partially successful, representing an average response rate of 9%. Less than 1% of requests (20) were rejected while those still awaiting responses are 2,074 or 85%. The 85% can be regarded as refusals under section 18 of the Access to Information Act (ATIA), 2005 which states: “an information officer fails to give the decision on a request for access to the person concerned within the period contemplated under section 16, the information officer is, for the purposes of this Act, regarded as having refused the request.” The response period is 21 days.
In some cases where public information was requested, users were advised to visit the respective MDAs in order to access such information. For example Davidson Ndyabahika, a journalist working with Uganda Radio Network, requested for statistics of enrolment and performance of both private and public primary and secondary schools in Ntungamo District from 2010 to 2016 from the Ministry of Education and Sports. He was advised to physically visit the Ministry offices where he would be cleared first before accessing such information. Such a response indicates challenges with digitised information storage and retrieval among public agencies although section 10 of the Act mandates information officers to ensure that records of a public body are accessible.
Equally, there are cases where limitations of the portal have emerged and information has been withheld because it can only be provided after payment of the statutory search fees. The ATIA specifies a non-refundable access fee of Uganda Shillings (UGX) 20,000 (USD 5) which remains a high cost for the majority of the population.
The limited levels of government responsiveness to information requests and uptake of AYG by both citizens and public officials impact upon initiatives working to promote access to public information for social accountability and civic engagement. This calls for more capacity enhancement, sensitisation and awareness raising among public officials of their duties and responsibilities as laid down in the Access to Information Act. Likewise, MDAs ought to utilise the different ICT platforms and tools to proactively release public information as prescribed in the Act and make efforts to ensure that citizens are aware of such information and where to find it.
Under Section 7 of the Act, public bodies are mandated to compile manuals containing descriptions, addresses, the nature of work, services and how to access information within six months after the commencement of the Act. However, 13 years since the law was passed, only the Ministry of Lands and Urban Development has adhered to this requirement. Indeed the ministry was in 2015 awarded the most responsive public entity as part of commemoration of International Day for Universal Access to Information (IDUAI).
Likewise, section 43 of the Act requires every minister to submit an annual report to Parliament on requests for records or access to information made to a public body under his or her ministry indicating acceptance or rejection, and reasons for rejection. However, there has never been any report from ministers since 2005 when the Law was passed, and Parliament has never demanded for such reports.
Meanwhile there should be efforts to continuously empower citizens to fully exercise their right of access to information as stated in Article 41 of the Constitution and Section 5 of the ATIA. Such efforts include capacity building of different demographic groups such as women, youth, persons with disabilities (PWDs), journalists, and teachers to demand for public information relating to service delivery and accountability while utilising different ICT platforms and tools including the AYG portal. Public officials should also be empowered to utilise these tools to proactively share public information with citizens.
The AYG is an initiative of the Ministry ICT and National Guidance in partnership with the Africa Freedom of Information Centre (AFIC) and the Collaboration on International ICT Policy for East and Southern Africa (CIPESA).
How Nigeria and Uganda are Faring on the Right to Information
Posted onNovember 23, 2018
Filed under Blog, News and tagged Access To Information, Freedom of Information Law, Right to Information | Leave a Comment
By Tomiwa Ilori |
Transparency and accountability in governance are key tenets of participatory democracy. To this end, Sweden was the first country in the world to introduce a right to information (RTI) law back in 1766. Finland followed in 1919, and to-date, over 100 countries across the world have enacted laws that give citizens the right to access information in the hands of government.
In Africa, 21 countries have passed Freedom of Information (FOI) laws, while 16 have proposed laws. Most countries have constitutional provisions for the right to information, pursuant to obligations under various international and regional instruments. These include the Universal Declaration of Human Rights, the International Covenant on Civil and Political Rights (ICCPR), the African Charter on Human and Peoples’ Rights and the Declaration of Principles on Freedom of Expression. A model law on access to information for Africa was prepared by the African Commission to serve as a template and encourage more countries to adopt legislation embodying international, regional, and sub-regional standards.
Meanwhile, there have been regional efforts to ensure citizens’ realisation of the right of access to information. Civil society organisations together with the African Union and African Commission on Human and Peoples’ Rights adopted the African Platform on Access to Information Declaration in 2011. There was also the Midrand Declaration on Press Freedom in Africa in 2013 which recommended that African countries take up open governance culture through access to information laws. However, the reality for most countries is that information requests are routinely refused or ignored, with citizens sometimes turning to the courts in order to access information in the hands of government.
Nigeria passed its freedom of information law in 2011. Under the Act, public institutions and “private companies utilising public funds, providing public services or performing public functions” are mandated to make public records and information freely available, guarantee citizens’ right to be duly informed of facts relevant to them and maintain records of all activities, operations and businesses. Without specifying whether its calendar or working days, the law provides for a response time to information requests of seven days. This may be extended if the request involves a large number of records or consultations have to be made. Proactive disclosure is also provided for under the law. Information exempt from disclosure includes that related to international relations, defence, law enforcement and investigations. Wrongful denial of information is an offence under the Act, punishable with a fine of Nigerian Naira 500, 000 (US$1,400).
The Attorney General of Nigeria is mandated to collate information on implementation of the Act based on information from the various government entities. According to statistics from the official FOI website, the number of requests made by citizens is on the decline. In 2013, 1,183 requests were recorded, of which 48 were denied. The following year, requests dropped by three quarters to 314, 35 of which were denied. Requests further dropped in 2015 to 217, of which 36 were unsuccessful. Figures for subsequent years are unavailable but denial of access to information remains prevalent.
In a May 2018 case, a human rights lawyer was denied information on fuel imports by the Nigerian National Petroleum Corporation (NNPC). The corporation argued that it was established “by law to manage the commercial interests of Nigeria in the oil and gas sector of the economy and conduct trade therein”, and was therefore not a public institution within the meaning of the Freedom of Information Act.
The following month, a Nigerian court denied an access to information request for details of the President Muhammadu Buhari’s medical bills. The request was filed to the Central Bank of Nigeria by the Advocacy for Societal Rights Advancement and Development Initiative (ASRADI).
Some cases of denial have compelled requesters to seek orders for disclosure. For example, the Nigerian Contract Monitoring Coalition initiated a court case and succeeded in compelling the Power Holding Company of Nigeria, the Electricity Distribution Company Plc and the Nigerian National Petroleum Corporation to release information, which had initially been denied.
Courts have also set precedent in proactive disclosure by public institutions. In February 2014, a Federal High Court ordered the National Assembly to make its financial records accessible to members of the public through the provisions of the Freedom of Information Act of 2011. This galvanised the #OpenNASS advocacy campaign. More recently, the Court of Appeal in the Akure Division, Ondo State, ruled that the Act is applicable across federal states. This has put to rest the debate as to whether States in Nigeria need to comply with the provisions of the Act.
The situation in Nigeria mirrors that in Uganda whose access of information law was passed in 2005 but challenges still persist. The law has remained largely unimplemented because many public institutions have a culture of secrecy –they rarely release information pro-actively and routinely ignore citizens’ requests for information. Where government information or data is available, it is often not in reusable formats. Likewise, most citizens are not empowered to make information requests due to ignorance of the law, thus undermining participation in civic engagements and governance processes.
Furthermore, implementation of the access to information law in Uganda is hindered by limitations to the bodies or organs to which information requests can be made – the law excludes private entities and civil society. Like Nigeria, information exempt from access in Uganda includes that related to privacy of an individual, defense, security, international affairs, legal proceedings and law enforcement. The response time for a request is within 21 days of receipt. Wrongful denial of requests is punishable under the Act with a fine of Uganda Shillings 4,800,000 (US$1,300) or imprisonment for three years or both.
User statistics from Uganda’s Ask Your Government portal show that since its launch in June 2014 to-date, 2,647 requests have been made to 106 agencies. Out of these, 231 are indicated as successful and 40 unsuccessful. With over 2,300 requests awaiting responses beyond the 21 days limit, the majority can be regarded as refusals pursuant to section 18 of the Access to Information Act (ATIA), 2005. The section states: “where an information officer fails to give the decision on a request for access to the person concerned within the period contemplated under section 16, the information officer is, for the purposes of this Act, regarded as having refused the request”.
Some Ugandan citizens have also opted to seek redress from the courts for denied requests. In 2009, two Ugandan journalists sued the government over failure by the Solicitor General to grant access to information regarding oil production, prospecting and exploitation agreements. The case was dismissed on the basis that a clause in those agreements provided for confidentiality.
In a landmark case, on February 2015, a Chief Magistrate’s Court in Kampala ruled that the reasons for which information is requested or the belief about how it will be used “are irrelevant considerations” in determining government’s approval or denial of a request. The ruling came after the Hub for Investigative Media was denied access to information related to activities of the National Forestry Authority funded by the World Bank between 2009 and 2011.
Implementation of access to information laws in Nigeria and Uganda shows that there is a lot to be done with respect to giving life to the existing legislation. Some of the ways through which the policy and practice gaps can be overcome is through records digitisation in all public institutions. This will not only help to save time in operations, it will also help with efficient record-keeping, search, retrieval and disclosure. Equally, translating freedom of information laws into local languages will help raise awareness on the rights of citizens and the obligations of duty bearers which will go a long way in realising the objectives of the FOI laws. Implementation of the laws can also be fast-tracked through compliance reporting to parliament by state institutions.
Ultimately, the experiences of Nigeria and Uganda show that courts are proving to be a means of recourse, and if effectively utilised, have the potential to set national and even regional precedent to make it easier for citizens to exercise the right to information.
Kasese Journalists Trained on Using ICT to Report on Public Accountability
Posted onJune 1, 2018
Filed under Blog, News and tagged Digital Age, ICT, Kasese Journalists | Leave a Comment
By Loyce Kyogabirwe |
As society’s watchdog, the media plays the important role of documenting people, events and developments for purposes of public informing the public. This includes the task of educating and mobilising communities through their content. However, there is a growing concern whether the media is playing these roles to its full extent including in promoting good governance and public accountability at community levels.
Privacy & Protection: Do Ugandans Care What Happens to Their Data?
Posted onApril 30, 2018
Filed under Blog, News and tagged citizen participation, Data Privacy, Digital Age, ICT Tools, Online Security, Protection | Leave a Comment
By Neema Iyer |
Let’s be honest.
When was the last time you read the “Terms and Conditions” before you signed up for a new service online?
We don’t blame you. It’s easy to get lost in the legal jargon.
But do you know what happens to your personal data every time you click on “I have agreed to terms and conditions”? Did you know at the mere click to accept, you could have given a way a portion of your vital information and put your data privacy in absolute jeopardy?
CIPESA-ICT4Democracy Academia Fellowship Programme
Posted onMarch 20, 2018
Filed under Blog, News and tagged Academia, Fellowship, ICT4D | Leave a Comment
Fellowship Opportunity |
Do you have an idea on #ICT #ICT4D which you’d like to explore? Submit your idea to the CIPESA-ICT4Democracy #Media or #Academia Fellowship Programme. The next deadline is April 1st!! See links below.
Academia: http://bit.ly/2FQ4QO9
#ICT4DemEA
CIPESA-ICT4Democracy Media Fellowship Programme
Posted onMarch 20, 2018
Filed under Blog, News and tagged Fellowship, ICT4D, Media | Leave a Comment
Fellowship Opportunity |
Do you have an idea on #ICT #ICT4D which you’d like to explore? Submit your idea to the CIPESA-ICT4Democracy #Media or #Academia Fellowship Programme. The next deadline is April 1st!! See links below
Media: http://bit.ly/2GaOyyx
#ICT4DemEA
Promoting Public Accountability in Education and Agriculture Sectors in Rwenzori Region
Posted onFebruary 27, 2018
Filed under Blog, News and tagged citizen participation, Civic Education, Journalism, Media, Radio Broadcasting, Transparency and Accountability | Leave a Comment
News Update|
The agriculture and education sectors are identified among the primary growth sectors in the Uganda’s National Development Plan. However, despite consistent state budget allocation increments in recent years and high absorption rates, various challenges persist at implementation and service delivery. For instance, in the Financial Year 2015/16, the education sector under primary education, planned to construct 22 primary schools and 200 classrooms but only one school and two classrooms were constructed. Indeed, in the Rwenzori region in western Uganda, citizens are decrying poor services under government programmes.
Solving Uganda’s Challenges through Data & Service Design
Posted onDecember 11, 2017
Filed under Blog and tagged Civic and Social Tech, Open Data, Service Design | Leave a Comment
By Neema Iyer
Last week, we asked “What is Service Design?” and answered our question with “Service design is the process of taking a service and better tailoring it to the needs and wants of the end user, whether that’s a client, customer or in the case of civic service design, the citizen. It could be improving an existing service, or creating a new service totally from scratch.”
On December 5th, Pollicy and the Collaboration in International ICT Policy for Eastern and Southern Africa (CIPESA) brought back the civic technology community in Uganda, but this time, with a focus on data and design. As issues of data ownership, digital security, censorship become more pertinent in our society, so does the need to appropriately harness the benefits of big data. Through a series of interesting panel discussions, lightening talks and a hands-on design training, we took participants through a journey on how data can be used to revolutionize how citizens and governments interact for mutual benefit.