The Hargeisa Institute of Health Sciences (HIOHS) and Somaliland Nursing and Midwifery Association (SLNMA) have two vacancies for nurse educationalists with significant overseas experience to contribute to a programme of work being implemented to enhance nursing education within Somaliland. These rewarding positions offer a unique opportunity to be involved in the development of human and institutional capacity, crucial for the rebuilding of the health system in Somaliland.

Zambia government, has called upon all broadcasters, both commercial and community, to desist from live phone-in broadcast programmes that involve members of public.

APC member Computer Aid has recently caught the BBC’s attention with its adaptive technologies in Kenya. The BBC covered Computer Aid’s new focus on making computers and their programmes available everyone, including people have impaired vision. The articles states, “after shipping more than 120,000 refurbished PCs to the developing world, Computer Aid now wants its kit to be usable by all – so, working alongside local experts, it is testing out adaptive technologies.”

Channels TV, the privately-owned TV station that was closed on 16 September for wrongly reporting that President Umaru Yar’Adua was about to resign because of ill health, was given permission by the National Broadcasting Commission on 19 September to resume broadcasting. The NBC also confirmed the release of all the Channels TV journalists who were arrested.

Reporters Without Borders condemns the detention of journalist Lewis Medjo for the past two days in the western city of Douala. The publisher of the Douala-based Détente Libre weekly, Medjo was arrested by the head of the local plain-clothes police as he left a dinner in a Douala hotel on the evening of 22 September.

The University of the Western Cape (UWC) and the African Virtual Open Initiatives and Resources (AVOIR) project have released version 1.0.1 of the Chisimba/KEWL3 Realtime Virtual Classroom. Avoir is a collaboration of 13 African universities specialising in creating free software relevant to African users.

Independent Advocacy Project, IAP, Nigeria’s leading governance group has called on the federal government to immediately lift its suspension of the independent Channels TV, free staff members being detained and make a public commitment to restrain its agents from further clamping down on the media.

I stopped reading at the end of the first paragraph Oloo's .

Oloo forgets alot of things, or maybe he just tries to ignore them. I might be wrong, but i do not think any African in a slum situation cries, nor will he go to his family and whiningly narate his ordeal if he knocks his toe on a stone. (English uses the word tripping for such.)

Of course some do cry. But they know the reason why. (As selfish as it might be) but if he is a perenial crier everyone will know and it will be upto the particular.

It is time all people who describe complaining people as people who do not know what they are saying put some reasearch to back their theories. If that is the way to go. Let us listen to complaints and use our knowledge or education to provide a respectfull way forward. Please.

Victims of violations committed by military officers are taking their case to the country’s highest court after a military investigation confirmed its officers were forcing parking offenders to violate corpses in July 2008.

Reporters Without Borders called on Niger’s judicial authorities to uphold an investigating judge’s decision to drop all charges against imprisoned journalist Moussa Kaka after a Niamey court began to hear the department of public prosecution’s appeal against the decision, and then adjourned until 7 October for further consultation.

Tunisian blogger and journalist Ziad El Heni has filed a legal action against the Tunisian Internet Agency (ATI), seeking damages sustained as a result of censorship. This is the first case of its kind against ATI since its creation in 1996 to manage the national internet backbone and provide internet services.

The International Federation of Journalists (IFJ) has called for an investigation into the “violent” assault by Congolese police officers on journalist Giscard Mahoungou who was attacked while covering a student demonstration. “We condemn this violent assault, which looks like reprisals against media reporting on police violence,” said Gabriel Baglo, Director of the IFJ Africa office.

A new e-learning curriculum aimed at African IT businesses includes thorough coverage of open source software such as Ubuntu Linux, IT security and e-business applications. The online training course, called Open source & more IT for African Business, was created by Information Technology in African Business (it@ab) and backed by the funds from the German federal ministry for economic co-operation and development.

Paul Abayomi Ogundeji, a member of the editorial board of the Lagos-based private daily, Thisday newspaper was on August 17, 2008, at about 10.30pm local time, shot dead in Dopemu, a suburb of Lagos metropolis by unidentified gunmen. Mr. Ogundeji, was ambushed by the bandits while returning home. Nothing was removed from the Kia Sports Utility Vehicle (SUV) which he was driving.

Ibrahima Yade climbs the stairs leading to the floor where his small company, SeneLogic, is housed. A start-up social economics company, whose slogan is “La sénégalaise des logiciels libres” [The Senegalese of free software]. From his height of two metres, Ibrahima, the forty-year old, tells his four younger colleagues that the software development session has been interrupted because of a power cut.

The Blogoma, or Moroccan blogosphere, was buzzing over news of Moroccan blogger Mohammed Erraji's acquittal. Erraji was arrested last week for writing on his blog that the King or Morocco's charity toward his people encourages them to remain helpless rather than work hard. Under local media laws, it is illegal to criticize the monarchy.

Despite what has been called an “explosion” in the passage of FOI laws with more than seventy developing countries passing the laws in the last decade, Africa has largely been absent.

There is a vast new body of experience on how to implement an FOI regime in the context of challenging institutional, resource and other socio-economic constraints, but in the African context this experience is limited only to South Africa, which remains the only African country that has passed and implemented an Access to Information law. Uganda and Angola have also passed FOI legislation but these have not been brought into force yet. The Zimbabwean Access to Information and Protection of Privacy Act is a classic example of what an FOI law should not be.

During that era when only Sweden and the USA had FOI legislation, these laws created an understanding of FOI as being merely a part of the right of freedom of expression which in and of itself had come to be perceived as a right that only affects journalists and political activists. However, there has been a major paradigmatic shift in the past decade. Freedom of Information or the Right to Know, properly implemented, is now regarded as a multi-dimensional human right that can make a huge difference to both people and their governments, backed by international legal instruments.

In 1946 the United Nations General Assembly adopted Resolution 59(1), which stated that: “Freedom of information is a fundamental human right and is the touchstone of all the freedoms to which the UN is consecrated.” Other international human rights instruments enveloped the right of access to information within the broader and fundamental right of freedom of expression. For example, the UN General Assembly’s Resolution 217 A (III) on the 1948 Universal Declaration of Human Rights which states that: “Everyone has the right to freedom of opinion and expression; this right includes freedom to hold opinions without interference and to seek, receive and impart information and ideas through any media and regardless of frontiers.” Subsequently, the UN General Assembly’s Resolution 2200 A (XXI) on the 1966 International Covenant on Civil and Political Rights states that: “Everyone shall have the right to freedom of expression; this right shall include freedom to seek, receive and impart information and ideas of all kinds, regardless of frontiers, either orally, in writing or in print, in the form of art, or through any other media of his choice.”

In the Commonwealth, the issue of access to information was first given expression within the Commonwealth in 1980 when the council of Law Ministers issued a statement recognizing the fact that: “public participation in the democratic and government process was at its most significant when citizens had adequate access to information”. However this was given more detail in 1999 when the Commonwealth convened an Expert Group on freedom of information which confirmed that: “Freedom of information should be guaranteed as a legal and enforceable right permitting every individual to obtain records and information held by the executive, the legislative and the judicial arms of the state, as well as any government owned corporation and any other body carrying out public functions.”

This principle was adopted by the council of Law Ministers who went on to formulate further principles which started that; a) member countries should be encouraged to regard freedom of information as a legal and enforceable right, b) there should be a presumption in favour of disclosure and Governments should promote a culture of openness, c) the right of access to information may be subject to limited exemptions but these should be narrowly drawn, d) Governments should maintain and preserve records, and e) in principle, decisions to refuse access to records and information should be subject to independent review. The Ministers also called on the Commonwealth to promote these principles among its member states.

On the African continent the Organisation of African Unity’s (predecessor to the African Union) African Charter on Human and People’s Rights also upheld the right of access to information wherein Article 9 of the Charter states that: “a) Every individual shall have the right to receive information, and b) Every individual shall have the right to express and disseminate his opinions within the law.”

Decades later, at the 32nd Ordinary Session of the African Commission on Human and Peoples’ Rights ( Banjul, The Gambia, 2002) African countries adopted a Declaration of Principles on Freedom of Expression in Africa which states that:

“Public bodies hold information not for themselves but as custodians of the public good and everyone has a right to access this information, subject only to clearly defined rules established by law,” and that “the right to information shall be guaranteed by law in accordance with principles” set in the declaration, which include the following among others: “everyone has the right to access information held by public bodies, everyone has the right to access information held by private bodies which is necessary for the exercise or protection of any right; any refusal to disclose information shall be subject to appeal to an independent body and/or the courts; public bodies shall be required, even in the absence of a request, actively to publish important information of significant public interest; no one shall be subject to any sanction for releasing in good faith information on wrongdoing, or that which would disclose a serious threat to health, safety or the environment save where the imposition of sanctions serves a legitimate interest and is necessary in a democratic society; and secrecy laws shall be amended as necessary to comply with freedom of information principles.”

The declaration precedes the AU’s African Charter on Democracy, Elections and Governance - adopted at the AU Assembly of the AU on 30 January 2007 - which states as one of its objectives “(the promotion of) the establishment of the necessary conditions to foster citizen participation, transparency, access to information, freedom of the press and accountability in the management of public affairs”. The Charter states that member states shall implement the charter in accordance with, among others, the principle of “transparency and fairness in the management of public affairs”. In Article 12 it also calls on member states to: “promote good governance by ensuring transparent and accountable administration”. Article 19 of the Charter calls on each member state to “guarantee conditions of security, free access to information, non-interference, freedom of movement and full cooperation with the electoral observer mission.”

Following these international standards various countries have attempted to codify these access to information rights either in statutes or in constitutions. A country’s constitution should always be the most supreme law of the land and its highest standard on matters of law and rights. In southern Africa six SADC countries have expressly guaranteed the right to information within their constitutional framework, namely; South Africa, Malawi, Mozambique, the DRC, Tanzania and Madagascar. Eight other SADC countries have only protected this right within the context of the broader right of freedom of expression which normally includes the right to “seek, receive and impart information”. These countries are Botswana, Lesotho, Angola, Zambia, Mauritius, Zimbabwe, Namibia and Swaziland. Of these countries, besides Angola and Zimbabwe, only Zambia has a bill at advanced stages. The Zambian bill – a product of a healthy and successful partnership between the government and civil society - was tabled before parliament in 2002. However the bill was soon and unceremoniously withdrawn by the government during its second reading. Six years later, in early 2008 the late Zambian President, Levy Mwanawasa reintroduced the bill in parliament during the official opening of the assembly.

Though Zimbabwe has passed a law called the Access to Information and Protection of Personal Privacy Act (AIPPA), it is difficult to consider this legislation as a proper Right to Information Law because of the numerous and very broad exemptions on the exercise of the right to information and its draconian provisions aimed at controlling the exercise of journalism in the country.

In the eastern part of Africa only Uganda has the right of access to information specifically guaranteed in the constitution (section 41) and the country remains the only country in the region that has passed legislation that gives effect to the right of access to information. Regulations have not yet been passed in order to bring the legislation into force. In Tanzania and Kenya the right to information is only established in the constitution as part of the right to freedom of expression. The draft bills on Freedom of Information law are at advanced stages in both countries. In 2007 a Kenyan government delegation undertook a study tour to South Africa to learn from the experiences there on drafting and implementing a Freedom of Information in the context of a developing African country.

Article 29 of the Ethiopian constitution expressly established the right to information but also within the broader freedom of the press, mass media and artistic creativity. A draft bill on Freedom of Information law is also being considered by the Ethiopian government.

In the western part of the continent, Gambia doesn’t have constitutional protection either of the right of access to information specifically or the right to freedom of expression generally. Gambia is infamous for being one of the most dangerous places for the practice of journalism on the continent. On a more positive note, the constitutions of Ghana, Cameroon and Senegal expressly guarantee the right to information while in Nigeria and Sierra Leone the right is constitutionally established as part of the freedom of expression. The Nigerian draft bill was passed by both houses of Parliament in 2007 but the former President, Olusegun Obasanjo, refused to sign it into law, which was quite a set back for the campaign for Freedom of Information law in Africa. There are presently draft laws in Nigeria, Ghana, Sierra Leone and Liberia. The Liberian draft was tabled before parliament in April 2008 and stands a good chance of being signed into law after supportive remarks made by President Sirleaf-Johnson and key ministers in her cabinet. However there are currently no draft bills in Benin, Burkina Faso, Cameroon, Cape Verde, Mali and Senegal.

In North Africa, the Moroccan constitution established the right to “freedom of opinion and freedom of expression in all its forms”. Morocco has the only draft bill on Freedom of Information legislation in North Africa.

It is evidently still early days in the enactment of Freedom of Information laws on the African continent. Freedom of Information advocates have a formidable task ahead of them, which is nothing short of changing the culture from that of secrecy to that of openness. Access to information is an important tool for promoting accountability and transparency in public service delivery and should continue to be championed. There is a need to for activists and advocates to remain forever vigilant that countries that have taken bold steps of enacting these laws such as Uganda, Angola and South Africa do not regress into secrecy but are encouraged to strengthen implementation of these laws. Campaign groups and lobbyists must continue to learn from the examples on law advocacy that have come from South Africa, Nigeria, Zambia, Ghana and Kenya. Lastly, civil society and progressive governments in the continent should be encouraged in making Freedom of Information part of the discourse in consolidation of democracy and promotion of socio-economic justice.

* Mukelani Dimba is the Deputy Chief Executive Officer of the Open Democracy Advice Centre . This is based a paper given by the author on the occasion of the regional conference on the Right to Information, organized by the African Network of Constitutional Lawyers, 17 – 18 June 2008, University of Cape Town, South Africa.

* Please send comments to [email protected] or comment online at http://www.pambazuka.org/

The first Freedom of Information legislation in the world was passed in 1766 when Sweden passed her Freedom of the Press Act. This action would only be followed by the United States of America almost two-hundred years later with the passing of the Freedom of Information Act.

“Yes We Can!” What a brilliant slogan this is. The US presidential hopeful, Senator Barack Obama, certainly has a winner on this one. It denotes so many possibilities. It says we can change the world, we can change our way of life, we can strive towards a better tomorrow for all, and dare I say, we can consolidate democracy in Africa. Yes we can!

It is an irony that these inspirational words come from the United States, a country that for the last eight years of the Bush-Cheney administration has made it possible for African leaders to boldly say “No We Won’t!” or “No We Don’t Give A Damn!” when it comes to doing all they can to promote the culture of openness and transparency in structures of governance and public administration. It was the Bush-Cheney administration that first argued for, and entrenched, the notion that openness and transparency were the enemies of national security.

When the Bush-Cheney administration waged war on terror its enemies were not just Osama Bin Laden, the Taliban and Saddam Hussein; this list also included the civil liberties of American citizens, most especially Freedom of Information rights. The Bush-Cheney administration’s religious zeal in passing draconian anti-terrorism laws was only equaled by the administration’s resolve to weaken the Freedom of Information Act and other government-in-the-sunshine laws. African leaders took note.

Small wonder therefore that the government of Mr. Festus Mogae, the former President of Botswana, caused controversy in 2003 when it publicly stated that FOI was not a priority for Botswana. Two years later Mr. Benjamin Mkapa, the former president of Tanzania, is reported to have told a press conference that Tanzania would never have an FOI law as long as he ran the show. Mkapa’s Namibian counterpart took the cue and expressed the same sentiment. Further north in 2007 the former military ruler of Nigeria and born-again democrat, Mr. Olusegun Obasanjo, scuppered the impressive efforts by Nigerian civil society to have an FOI law passed when, for the most inane of reasons, he refused to sign in to law the FOI bill that had been approved and adopted by both houses of parliament. The least said about Robert Mugabe’s Access to Information And Protection of Privacy Act the better. “No We Won’t”, the African leaders have declared.

This year as we celebrate the “Right to know” week from 22nd to 28th September, and the “International Right to Know” day on Sunday September 28th, this special edition of Pambazuka News seeks to examine how the right to enhances democracy and how African countries are faring in the pursuit of the “right to know”.

One often finds that while the advocates of freedom of information under article 19 of the universal declaration of human rights, have a clear understanding of what the principle of the “right to know” entails, most ordinary people, have a harder time pinpointing exactly how the right to know affects their daily lives. More if they are from countries which are still under or have recently emerged from totalitarian rule- where freedom of speech and other rights are almost unheard of.

The idea or the right to know is much more abstract and difficult to conceptualise on a day-to day basis. Yet freedom of information is a cornerstone of democracy. Malcolm Fraser, a former Australian Prime Minister once said, “How can any community progress without continuing and informed and intelligent debate? ... How can there be debate without information?''

The principles underpinning democracy include people’s participation in all levels of decision making from an informed perspective yet many African Countries operate within a culture of official secrecy, suppression of media freedoms, freedom of expression and of information. A glimpse at any anti-corruption index shows that countries with freedom of information feature high on the list while countries those that curtail the right to information feature highly among the most corrupt. That there is a link between corruption and the lack of freedom of information there is no doubt.

This is a significant year for democracy in Africa. 2008 began with the crisis in Kenya, following the disputed December 2007 election, following which the country descended into chaos in the violence that followed the elections. The elections in Zimbabwe were also disputed and ended in a stalemate after a failed run-off election. In both of these cases, the solution was the formation of a coalition government, a dangerous precedent for democracy in Africa. In the middle of all this, there has been a severe crackdown on freedom of expression, freedom of information, gagging of journalists and in the case of Kenya, there was a suspension of live media broadcasts in the name of national security.

The right to know has for a long time been equated to the media’s right to access government information, to access information pertaining to a public personality, publish a “scoop”. The right to know goes beyond just press freedom, yet any government seeking to limit press freedom attacks all aspects of freedom of expression. A part of this is in lack of awareness of the different aspects of freedom of expression.

There is no doubt that for a democracy to thrive, there has to be open and free participation of people. Governments are simply custodians of our resources, but how can they hold them accountable if we do not know what they are and should be doing.

Mukelani Dimba gives a brief overview on the International instruments that deal with Freedom of information and attempts to give their effect to the right to information in selected African countries. He reviews the laws in each of the regional blocs in Africa and it is clear that the existence of the law doesn’t always guarantee the rights of individuals.

Juliette Fugier and Mukelani Dimba examine the impact of the American war on terrorism on freedoms in Africa and conclude that it has dealt a severe blow to freedom of information on the African continent. Even Countries like South Africa which 10 years ago passed some very progressive laws are reintroducing official secrecy acts or clauses in their laws “in the name of national security.”

ICJ Kenya’s article on FOI in democracy and Economic development argues that for citizens to make informed choices, they require information and often their access to information is hampered by state officials. Freedom of information is an important tool in fighting the corruption that is endemic in many African countries.

Mwangi Kibathi’s article draws examples from ancient Spartan democratic systems where population growth and increasing complexities of decision making led to the development of representative government. Since then, access to information has become a struggle between the rulers and the ruled. In Africa, the first few decades following independence, most countries were ruled under strict authoritarian systems and although there have been positive strides towards more open governance, we are still a long way away from the perfect open democracy. Freedom of information is vital to improve the quality of governance and should be upheld and protected.

* Stella Chege is Fahamu's (www.fahamu.org) Kenya programme manager.

* Please send comments to or comment online at http://www.pambazuka.org/

Cape Town residents are using micro-blogging and instant messaging technology to fight drug addiction among township youth. Speaking during a Digital Citizen’s workshop, Marlon Parker, a lecturer at Cape Peninsula University of Technology, said parents can now smile knowing that their children are now protected from drugs.