Citizens Should Have The Right to Know

SEPTEMBER 28 is the date on which we join the rest of the world in commemorating the International Right to Know Day, aimed to raise awareness of every individual’s right to access government-held information.

Although South Africa is about the only country in Southern Africa with a law on the public’s right to information, we have something to celebrate, little as it may be. First we should point out that Zimbabwe has the infamous Access to Information and Privacy Protection Act (AIPPA), which in Misa’s opinion opposes freedom of information and this article will not dwell on it as so much has been said and written about AIPPA.Misa celebrates this day reflecting on the past achievements and failures of the right to information in southern Africa.It is worth noting that the right to information has gained considerable importance in recent years among governments and is on the agendas of law reform in many countries and this is worth celebrating.There is also a growing awareness and interest among civil society to join alliances on the call for freedom of information legislation.In many countries the public is increasingly becoming aware and joining discussions on the issue of freedom of information; this was hardly the case five years ago.Therefore the biggest achievement in southern Africa has been the acceptance and growing awareness of the importance and indispensability of freedom of expression to democracy.However, there is still much to be done in creating mass awareness which will translate into social action.The biggest challenge to freedom of information in Southern Africa is governments’ leisurely pace towards legislation and laws.While all SADC countries guarantee freedom of expression as a fundamental right and acknowledge the need for the right to information they seem to be in no particular hurry in passing access to information laws.SADC heads of state have signed international and regional treaties committing to freedom of information, more symbolic than meaningful, this is evident by the many protocols signed and since forgotten.What really is the right to information? Perhaps we need to explain what exactly we mean by the right to know, also referred to as the right to information or freedom of information.The right to know is simply the call to make information held by public institutions available and accessible to the public.The right to information is not a mere call for government records, but a call for a more transparent and accountable governance process, if democracy has to be meaningful.A freedom of information law sets out guidelines and procedures on how to access information from public institutions and private institutions.Misa believes that the right to information must be guaranteed by strong legislation and the process of law making must be participatory and consultative.The right to information is a global issue of importance, with over 60 countries which have laws on right to information, hailed as a basis for effective participation in governance as well as a potentially powerful tool for countering corruption.In southern Africa, where more than 70 per cent of underdevelopment and poverty is directly linked to corruption, the right-to-know laws could have taken more prominence and priority in law reform.Misa believes that corruption can never be truly fought without freedom to information legislation; in fact there is a correlation between highly corrupt countries with the absence of laws on the right to information.What are governments hiding? The reluctance or perhaps failure of governments to enact and pass legislation leaves more questions than answers; what could governments be possibly hiding from its citizens? Why is there so much dragging of feet in as far as right to information laws are concerned? Do our governments have something to hide which such a law will bring to the light? In the absence of answers there are two schools of thought on this matter; either that our governments are highly corrupt or that they are genuinely ignorant on the merits of such a law.The former is not totally presumptuous given the many cases and evidence of corruption and abuse of power in the higher and lower places of government.Clearly if these abuses of power and mismanagement of resources are to the benefit of policy makers then such a law is not in their interest and they will do anything in their power to block it.The latter assumption is that perhaps there is a genuine ignorance and luck of understanding of the merits and needs of such a law.In a recent study by Misa, two SADC members of parliament were asked on the need for the right to information law, and they doubted the relevance of such a law citing that it would interfere with the Privacy Act.”Why would we pass such a law if it will be in conflict with the Privacy Act?” In a way it is this kind of thinking which is ill informed and an obstacle to the passing of right to know laws.Firstly, laws should not be about individuals, but for the greater good of society.Secondly, right to information laws are about access to public information in the custodian of public institutions, not information on private individuals.If this is the prevailing thinking then Misa has a lot to do in creating awareness on what the right to information is and is not.Kaitira Kandjii is the Director of the Media Institute of Southern Africa (Misa).First we should point out that Zimbabwe has the infamous Access to Information and Privacy Protection Act (AIPPA), which in Misa’s opinion opposes freedom of information and this article will not dwell on it as so much has been said and written about AIPPA.Misa celebrates this day reflecting on the past achievements and failures of the right to information in southern Africa.It is worth noting that the right to information has gained considerable importance in recent years among governments and is on the agendas of law reform in many countries and this is worth celebrating.There is also a growing awareness and interest among civil society to join alliances on the call for freedom of information legislation.In many countries the public is increasingly becoming aware and joining discussions on the issue of freedom of information; this was hardly the case five years ago.Therefore the biggest achievement in southern Africa has been the acceptance and growing awareness of the importance and indispensability of freedom of expression to democracy.However, there is still much to be done in creating mass awareness which will translate into social action.The biggest challenge to freedom of information in Southern Africa is governments’ leisurely pace towards legislation and laws.While all SADC countries guarantee freedom of expression as a fundamental right and acknowledge the need for the right to information they seem to be in no particular hurry in passing access to information laws.SADC heads of state have signed international and regional treaties committing to freedom of information, more symbolic than meaningful, this is evident by the many protocols signed and since forgotten.What really is the right to information? Perhaps we need to explain what exactly we mean by the right to know, also referred to as the right to information or freedom of information.The right to know is simply the call to make information held by public institutions available and accessible to the public.The right to information is not a mere call for government records, but a call for a more transparent and accountable governance process, if democracy has to be meaningful.A freedom of information law sets out guidelines and procedures on how to access information from public institutions and private institutions.Misa believes that the right to information must be guaranteed by strong legislation and the process of law making must be participatory and consultative.The right to information is a global issue of importance, with over 60 countries which have laws on right to information, hailed as a basis for effective participation in governance as well as a potentially powerful tool for countering corruption.In southe
rn Africa, where more than 70 per cent of underdevelopment and poverty is directly linked to corruption, the right-to-know laws could have taken more prominence and priority in law reform.Misa believes that corruption can never be truly fought without freedom to information legislation; in fact there is a correlation between highly corrupt countries with the absence of laws on the right to information. What are governments hiding? The reluctance or perhaps failure of governments to enact and pass legislation leaves more questions than answers; what could governments be possibly hiding from its citizens? Why is there so much dragging of feet in as far as right to information laws are concerned? Do our governments have something to hide which such a law will bring to the light? In the absence of answers there are two schools of thought on this matter; either that our governments are highly corrupt or that they are genuinely ignorant on the merits of such a law.The former is not totally presumptuous given the many cases and evidence of corruption and abuse of power in the higher and lower places of government.Clearly if these abuses of power and mismanagement of resources are to the benefit of policy makers then such a law is not in their interest and they will do anything in their power to block it.The latter assumption is that perhaps there is a genuine ignorance and luck of understanding of the merits and needs of such a law.In a recent study by Misa, two SADC members of parliament were asked on the need for the right to information law, and they doubted the relevance of such a law citing that it would interfere with the Privacy Act.”Why would we pass such a law if it will be in conflict with the Privacy Act?” In a way it is this kind of thinking which is ill informed and an obstacle to the passing of right to know laws.Firstly, laws should not be about individuals, but for the greater good of society.Secondly, right to information laws are about access to public information in the custodian of public institutions, not information on private individuals.If this is the prevailing thinking then Misa has a lot to do in creating awareness on what the right to information is and is not.Kaitira Kandjii is the Director of the Media Institute of Southern Africa (Misa).