[kictanet] FOI--- how good is it??

[joseph kihanya]

Dear Becky,

Indeed you are right. The Right/ Freedom debate is one that rages in legal circles.We may not settle it here, unfortunately, save to say that a consensus should emerge on whether it should be stated / and implemented as  a right( preferable- and in keeping with its basic tenet- than as a  a freedoom.it really sometimes is just sematics as freedoms and rights are subject to exceptions-due to the cometiting nature of other  rights/freedomse.g. right to expression versus right to reputation.

Civil and political rights also get precedence in most jurisdictions over social and economic rights.

Access clauses/ implementation AND Costs  are issues too that indeed need to be tackled.See Day 3 / Principle 6

On a serious side of FOI see...

http://politics.guardian.co.uk/foi/story/0,,1170196,00.html

Any more views...?Anyone?

 Kihanya



----- Original Message ----
From: Rebecca Wanjiku <rebeccawanjiku at yahoo.com>
To: kihanyajn at yahoo.com
Sent: Monday, February 12, 2007 1:16:45 PM
Subject: [kictanet] FOI--- how good is it??


Kihanya, 
thanks for the background, some thoughts on some of the questions  raised,
 
Right to verses freedom
I think it should be freedom of information because in legal terms, the two terms are different.
Though am not a lawyer, I read about the positive rights (right to) and the negative rights (freedoms)
Now, governments are quick to obey the negative rights as opposed to positive rights. For instance, we can all go and demonstrate about our freedom from torture or detention without trial and the government will easily heed to our demands, (I guess so)
 
But what about other recognized rights like the right to water? Can the government be compelled to honour our right to water,
 
i think the main objective of the FOI should be to protect e-government and accountability but the bill talks about charging a minimal fee to those accessing information, what will happen to those people out of town, it talks about photocopying and perusal charges,
but what about provision of such information in electronic format, do we still pay?? and will it serve the overall  objective??
 
That’s my take on it

 
Rebecca Wanjiku,
journalist,
p.o box 33515, 
Nairobi.00600
Kenya.

Tel. 254 720 318 925

blog:http://beckyit.blogspot.com/ 



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