Civil Society Organizations, spearheaded by the Africa Freedom of Information Centre (AFRIC), are urging the government to revise the 2005 Access to Information Act.
They seek to ensure that it is in harmony with the African Commission on Human and People’s Rights’ model law regarding access to information for member states of the African Union.
This was during the commemoration of the International Day for Universal Access to Information (IDUAI), organized by the Africa Freedom of Information Centre (AFRIC) in collaboration with Twaweza.
The event was hosted at Makerere University, focusing on the theme of integrating access to information and public participation in the public sector.
In June last year, the African Commission on Human and Peoples’ Rights urged Uganda to revise the 2005 Access to Information Act to ensure it is in harmony with the Model Law on Access to Information for Africa, which the Commission has officially adopted.
Gilbert Sendugwa, the Executive Director of AFRIC, emphasized the necessity of updating specific provisions in the 2005 Ugandan Access to Information Act to reflect the contemporary needs.
He highlighted that the Ugandan government has been presented with suggestions from the African Commission on Human and Peoples’ Rights regarding further actions required to guarantee that all Ugandan citizens can fully access their right to information.
He mentioned that one of the key recommendations is the creation of a primary agency tasked with enforcing the new law, allowing citizens to turn to this institution to lodge complaints if their requests for information are not met.
“The current law, requires that every minister submits annual reports to parliament on information requests that they have received within that year. It also says that where information request has been denied, the minister should explain to parliament. Now, among the findings of these discussions, but also from the African commission, was that there was lack of compliance by ministers within this provision,” he noted.
He emphasized that amending the current law would be advantageous, as it would create an agency that reports to the oversight body, which then reports to Parliament, instead of having ministers report straight to Parliament.
He emphasized that the oversight body has the ability to engage with various agencies and subsequently present their findings to Parliament, stressing that this allows Parliament to deliberate on the report stemming from that process.
Ssenduga noted that given the numerous ministries involved, individual reports from each could complicate matters.
But, he believes that if a consolidated report is prepared by a single agency for Parliament, the process becomes much more streamlined, and easier.
During the meeting, representatives from civil society, law enforcement, the judiciary, government ministries, and Parliament engaged in discussions on several topics, emphasizing the significance of guaranteeing that information remains freely accessible and is not sold.
The Minister for ICT, accompanied by participating members of Parliament, pledged to revise the Access to Information Act to ensure its compliance with African Union standards, which advocate for free access to information.
During his keynote Dr. Chris Baryomunsi, recognized the necessity of amending specific provisions of the law and committed to updating it to tackle contemporary challenges.
“There are calls that we should amend some sections of this law, and we do agree, because time has passed, and maybe we need to look at the law and see that we integrate the current dynamics and the new issues that are emerging,” he said.
He pledged to consider the recommendations and proposals from the engagement, stating that they will be used in the process of amending the law.
The minister also indicated that the matter of free access to government-held information will be examined, with plans to revise the legislation to guarantee that individuals can obtain information without incurring any charges.
“People have concerns that we put some fees for Ugandans to access potential pieces of information, which fees sometimes can be prohibitive for some individuals. So, that has to be looked at and make sure that we make it easy for any person you want to access information, especially that information which is in the hands of the government,” he said.
Implementation of the ATI Acts since 2011
Since the Access to Information Act was passed into law in 2005, and the Regulations in 2011, Implementation has faced challenges. Some steps have been taken, including establishing the ministry of information and communications Technology and National guidance, adopting a Communications strategy that promotes well-coordinated efforts across platforms ranging from government websites and weekly education programmes to community barazas, and opening numerous platforms for information disclosure including public noticeboards, newsletters and standard information request forms. Further, civil society, including the Africa Freedom of Information Centre -AFIC, has established an online platform here. Citizens can make info requests, and civil servants can respond with the Ministry, giving its backing to such initiatives.
Nevertheless, studies have found that few requests are being made for information and, more significantly, the majority of requests are unsuccessful.
