[kictanet] Executive Summary of comments KICTANet Freedom of Information Discussions

[alice at apc.org]

Dear all



Below is an executive summary of the discusions on the freedom of 
information policy that took lace last week.

Prepared and submitted by J. Kihanya.





best regards

alice



 ---------------------------------------------------------------------------------------------------------------------------The Freedom of Information Policy as drafted and put out for discussion bythe Ministry of Information and Communications was greeted with approval andlauded as a great step towards achieving one of the most fundamental rightsthat underpins all other rights in Kenya.The discussion was not very high but a consensus emerged from the variouspresenters that the following should guide the policy direction.  a.. The right to information is the bedrock of all other human rights. The  United Nations recognized this in 1946 when the General Assembly resolved:"Freedom of Information is a fundamental human right and the touchstone forall freedom. In its most basic form, a right to information ensures thepeople of a democracy: they have the right to demand and receive informationfrom their government and place an additional obligation on the governmentto pro-actively disclose key information to the public. It also allowscitizens to secure information from private bodies where it is necessary forthe protection or exercise of their rights. It is an excellent tool in thefight against corruption and provides a mechanism for deepening the public'sengagement in development activities and to meaningfully engage andparticipate in democracy.  a.. The right must be considered within a broader human  rights framework.  a.. The right to know should be indicated as a right that is enforceableby the public. It should be a freedom that should not be derogated from bygovernment which must allow for its full enjoyment.  a.. That the legislation that emanates from the debate should seek toprotect the free flow of information through e-government and the creationof accountability.  a.. That the costs that may be charged on accessing information frompublic bodies should be minimal if at all.  a.. That journalists and hence the media should be exempted from payingthe costs that relate to access to information.  a.. That the timelines provided under the policy for the access toinformation viz. 15 days are too long and should be reduced.  a.. That the practice and culture of secrecy under the Official SecretsAct should be changed if the policy is to allow for the effective use oflegislation.  a.. Those private bodies should be required to protect personal data.  a.. That the public and private bodies should be required t=o seek onlysuch personal information that is relevant under the circumstances and thatthat which is unnecessary or may cause discrimination should not be requiredof a citizen.  a.. That all public bodies should be subjected to the FOI legislationirrespective of the fact that they are run in partnerships with developmentpartners, or not.  a.. That when national security is used as   a limitation on FOIlegislation, it must be precisely that and not imagined embarrassment to thegovernment.  a.. That pro-active publication must take root and e-government used formost or all public pronouncements within a strict timeframe.  a.. That the right should extend to all citizens and should not be viewedas a tool only for the media.  a.. That all organizations that have the capacity or are directly involvedwith contact with the public and that affect the rights of the public shouldbe designated as organizations that the FOI legislation can affect.  a.. A Data protection policy for social cultural and economic reasons mustbe  put in place to cater for development concerns.The discussion underscored that the right to know is one that has beendeemed important and has been given to citizens in over 80 jurisdictionsaround the world and that Kenya should join South Africa and Uganda on thisfront in Africa if only to keep pace with especially Sough Africa ondevelopment paths.