[kictanet] Online Discussion on the Draft Freedom of Information Policy by INFOCOM - JANUARY 2007

[joseph kihanya]

Dear all,

I have been requested to moderate the discussion on the above policy document.

I have drawn greatly from previous discussions and especially from the OFC provsioning one that ended last week.

I trust I will be up to it as we  all shall.

The ground rules shall remain as those appertaining to the list discussions.

Please submit all your views.

A draft programme of the 5 day discussion is attached.

The second attachment in relation to a case in point makes interesting reading.It is drawn from a course offered by Oxford University.

Day one (1) begins hereunder.

************************************************************************************************************************

Draft Freedom of Information (FOI) Policy

Review and thematic analysis.

Day 1.

Background Info

What is FOI?

Freedom of information is a fundamental right that the United Nations in a resolution in 1946 declared to be the touchstone of all freedoms.

It is a right that is not to be found standing on its own under international law.

The Universal Declaration of Human Rights 1948 subsumes the right under the right of freedom of expression.

Freedom of expression also inclused the right to receive and impart information.

The International Covennant on Civil and Political Rights also subsumes the right under the right to freedom of expression.

The African Charter on Human and Peoples' Rights recognises the right as free standing.

Kenya is party to all three (3) of the sited international law documents.

The Kenyan Constitution at section 79 also subsumes the right under the right to free expression.

The rejected draft Constitution for the first time recognised the right as free standing and would have required that FOI law be passed within six (6)months of the adoption/coming into force of the new constitution.

Only THREE (3) countries in Africa have an FOI legislation. South Africa, Uganda and Angola.

Nigeria or Kenya  may become the FOURTH allowing success of pending parliamentary procedures.

African and Commonwealth governments have collectively  and separately agreed on principles of  FOI laws.See www.humanrightsinitiative.org


It is generally a right of any  individual to access information held by government.

• Is it a right?
• Why Access?
• Why freedom?

There are many terms used in relation to this.
• Freedom of Information
• Right to Know
• Right of Access to information
• Right to information 
They are referring to the same thing and the important point is that they can be interchanged but require that one be selected for use in a particular jurisdiction for consistency.
Which one should Kenya Use? The Moderator will use FOI in this first mail.

How would FOI help in a country like Kenya?

Arguments exist for and against FOI  laws.
Arguments for.
I. It makes government more  accountable.
II. Increases public participation.
III. Promotes human rights.
IV. Allows for good decision making
V. Protects privacy
VI. Makes private companies more accountable.
VII. Promotes health
VIII. Strengthens the economy
IX. Protects the environment
What are the arguments against FOI?

A case in point ? (To be provided by moderator - see attachment)

Useful websites on FOI?
www.unhcr.ch
www.humanrightsinitiative.org
www.foiadvocates.net
www.freedominfo.org
www.cfoi.org.uk

What are the principles of FOI Laws? What do they mean essentially? Who has agreed to these principles? Should Kenya agree to these principles? Does the policy agree with these principles?

Contributions based on these headings are welcome.

• PRINCIPLE 1. Maximum disclosure 
• PRINCIPLE 2. Obligation to publish
• PRINCIPLE 3. Promotion of open government 
• PRINCIPLE 4. Limited scope of exceptions 
• PRINCIPLE 5. Processes to facilitate access
• PRINCIPLE 6. Costs
•  PRINCIPLE 7. Open meetings 
• PRINCIPLE 8. Disclosure takes precedence 
• PRINCIPLE 9. Protection for whistleblowers 

What are / should be the Objectives FOI Legislation? 

Vision

Does this capture the intent of the right/ freedom optimally?
Mission

Does this optimally capture the implementation/purpose of the right/ freedom?

Introduction

(Entrenching Openness?)

Do the introductions in the following paragraphs reflect this? How should they read?
Paragraphs
1.1
1.2.
1.3
1.4.
1.5
1.6
1.7
1.8
1.9
1.10
1.11
3.1.1
3.1.2
3.2.1
3.2.2
3.2.3.

**********************************************************************************************************************

LETS GO!

Joseph Kihanya


 
____________________________________________________________________________________
Do you Yahoo!?
Everyone is raving about the all-new Yahoo! Mail beta.
http://new.mail.yahoo.com
-------------- next part --------------
A non-text attachment was scrubbed...
Name: Draft Freedom of Information Policy - day 1-5 analysis.doc
Type: application/msword
Size: 50176 bytes
Desc: not available
URL: <https://lists.kictanet.or.ke/pipermail/kictanet/attachments/20070212/e7c6291d/attachment.doc>
-------------- next part --------------
A non-text attachment was scrubbed...
Name: BOLIVIAs water war.doc
Type: application/msword
Size: 77824 bytes
Desc: not available
URL: <https://lists.kictanet.or.ke/pipermail/kictanet/attachments/20070212/e7c6291d/attachment-0001.doc>