By Patrick Hatontola
On Feb 18th 2010, the NCC rejected article 56 (1) (a) of the Willa Mung’omba draft constitution which states that a person shall have right to access of information held by the state. Generally, the purpose of the article was to: afford Zambians their right to participate in national issues from an informed point of view; hold government accountable through transparent operations; and to have a say in the governance of their country by timely accessing valuable information. Zambians would then air timely views on democratic issues that foster their socio-economic aspirations. This was the Zambians’ wish. At the moment, it stands as a dream deferred if not a dream shut.
At the pace through which the NCC is rejecting progressive clauses; starting with the adoption of the degree clause for a Presidential candidate; to the current rejection of the right of access to information clause in disguise of preserving state secrets; Zambians may as well brace themselves to the time when the NCC would declare the national budget; the auditor general’s report and perhaps the constitution itself as “state secrets”. This will mean that government will preside over the national affairs at their pleasure. Zambians will be made to believe that government is a philanthropic service to the “undeserving Zambians”. Provision of social services such as basic health care and basic education will be declared a prerogative of those called “government” with sole rights to access of information.
The constitution review process was conceived by Zambians because they felt that the current constitution was inadequate, restrictive and remote from their social and economic aspirations. Therefore, the purpose of the NCC was to deliberate on the Mong’mba draft constitution diligently in order to bridge that constitutional vacuum. Unfortunately, the NCC has abdicated its moral duty to strengthen the weak constitution as mandated to. They have rather opted to weaken it by rejecting the recommendation of the Mungomba draft that reflects the views of the majority Zambians.
Information is power! Without public information, no one can make informed decisions on issues of public interest and discourse. The NCC has deliberately disempowered the people by restricting them access to information. This infringement is not without cost to the growth of our democratic dispensation. It is a grievous assault to the Zambians’ dream; a dream that one day they will know and question the actions of those in power; a dream that one day they will know how their country is managed by those they have entrusted it with; a dream that one day they will have information to express their views from an informed point of view. This is neither a collective statement nor personal conviction but a summation of the general view. The rejection of the clause cannot be seen to be in public interest. Every sincere person will tell that the NCC has rejected this clause as a means of power preservation. It is common knowledge that the less information the public has, the more it advantages those in government in their endeavor to sustain their political fortunes. But suffice to say that Posterity and history will judge all those who are moved by whims and caprices of power and its preservation to the detriment of the people’s ware fare. The time is coming; perhaps now is the time, the time when Zambians will give themselves their constitution as stated in the preamble of the constitution.
In many African countries such as South Africa, the bill of rights provides for the right of access to information held by the state and/or a person. I am alive to the fact that every right is not absolute. However, the constitution must guarantee the right to access of information provided that, subsequent legislation is enacted to alleviate possible administrative and financial burden on the government in its course of proving this information. To this end, the NCC ought to have qualified and not reject the clause by stating what information may not be made public. Such information would generally limit to the operations of armed forces.
Zambia is not exempt from the general African phenomenon of power abuse resulting from limited information access by the public. In fact, it has a history where a DPP almost succeeded with his illegal nolle proseque. Some NCC delegates such as Japhet Moyo have cited this example to justify limit to access of information. What a fallacy. One will recall the shallow reasoning advanced in refusing to disclose why that nolle proseque was entered. It was “state secret”. Finally, a state secret became public knowledge-Bulaya is today serving a jail sentence. How about the sad memories of the abuse of the Zamtrop account and eventually the mysterious acquittal of the concerned? Remember their refusal to account for the stolen $8M citing “state secrecy”. These are fresh and bitter memories that Zambians have to endure. Unfortunately, the rejection of this clause means nothing but a guarantee in increase of the aforesaid vices. Transparence and accountability will be compromised in disguise of state secretes.
By rejecting this clause, those in power have rejected the fact that they need to be held accountable and that they must be Transparent in their dealings. What a denunciation of the tenets of good governance.
The rejection of the clause means that all Acts of parliament that prescribe access to information will be repealed because every law inconsistent to the constitution is null and void to the extent of its inconsistence to the constitution. Think of the information bill. I have no doubt that Zambia needs the right of access to information now more than ever. But let Zambians choose a government they want in 2011.
All those participating in the NCC should be arrested and put on trial by the next government. The Mugomba document should have just been adopted in its original form. It seems to me that these people are bent on looting the country’s resources and passing an MMD friendly constitution. Mwanawasa inflicted two of the worst scourges on our country, the NCC and Nyama Soya.
[-( the NCC is quickly losing its legitmacy in the eyes of zambians. we need a constitution meant to stand the test of time not meant to suit the ruling party.Zambia my beloved country when will you rise out of the doldrums:((
The NCC, just like RB, is a curse.
Sad picture of Zedian kids, especially when money is being wasted on useless things on a couple of selfish people instead of improving the lives of Zed’s vulnerable! Bambi baikalila ukutunkila amakeke beka” the lucky are stuffing cakes and buffet’s while the lot are drowning in sewage filth hunger and disease. How selfish indeed! Zedians wake up this is unfair!!!
the future for those kids bane if they want powder, lotion, ukununkila, natu jaribu, best option hit the streets of addis ababa bane. olo contact walai for uk visa help for a “fee” of course haha. deuces bane:)>-
walai blogging live from london pub.
That is the major problem with us zambians…..creating seminars like this NCC and getting paid heavely while if you blow away the dust, those seminars have produced nothing but have been a milking cow by others. Too many expensive work shops and seminars. The cycle for MPs is 1st year in office be seen to be working, next 2 years enjoy and try and make personal fortune. 4th year campain, 5th yr campain and adress problems.
I like the phrase “a dream deferred if not a dream shut.” We can’t afford to give up hope for a better Zambia for our children and those in the pic above. Access to information is one thing but access to basic human needs like health care, food, clothes, proper shelter and a good education is what we must primarily strive to achieve for EVERY Zambian.
We need more stakeholders from the civil society to actively represent the views of the people in the NCC. They way things stand right now, there’s no trust in the democratic purpose of the NCC.
that pic brought tears to ma eyes….snif snif….:((:((:((
One love, one heart
Let’s get together and feel all right
Hear the children crying
Hear the children crying
Let them all pass all their dirty remarks
There is one question I’d really like to ask
Is there a place for the hopeless sinner
Who has hurt all mankind just to save his own?
Believe me
Let’s get together to fight this Holy Armageddon
So when the Man comes there will be no no doom
Have pity on those whose chances grow thinner
There ain’t no hiding place from the Father of Creation
Sayin’, “One love, one heart
Let’s get together and feel all right.”
I’m pleading to mankind
iweb kachaso numbala 9. ninshi? do you lack inovation? cant you just make up one or two lines of your own thought? anyway ine apa am drunk mune, i shouildnbt let somene spiol my day. ya elo ava vantu am drinkn with navakolwa. they are now saying we all go get ama hiv test. there will be malilo for sum eko tuleya uku. anyways deuces bane:)>-
iye sorry bane forgot to inform pa location.,
walai blogging live from london pub, now on way to get hiv test with the fellaz.
Very well articulated case for this article 56 (1) (a).
True, Mr. Patriuck Hatontola. Well articulated article. VIVA access to information. Zambians must be vigilant. MMD must not full us forever. I wish many Zambians will join to support such issues you have raised
mwebantu abana uluse!!!….MIGHTY GOD HEAR YOU CHILDREN CRY….save our country from the grasps of greedy men!!
walai nthwenu mputi bizness…naupena???…bwalwa bwa musango shani ulenwa?? ali shani umukashi obe??
ati shanu iwe ka grelo? numabela 14, nili pa stella mune.tulenwa stella ya natu oklwa iye mayo. my wife id fiene mune. ya alenjikalipila nga naya kunanda.deuces:)>-
if the government has nothing to hide, let them allow information public this is why our government is corrupt through and through. transparency is just a dream let them release information its good governance.
Only the guilty are afraid!
Like the author of the article has articulated, why in the world couldn’t the NCC just put some qualifications to the clause (article 56 (1))? This shows intellectual laziness on the part of the NCC participants.
Such simple language as “Citizens have the right to know the activities of their govt through timely and unfettered access to information and govt records, except in situations when the provision of such information directly impacts national security, active military operations, and national intelligence activities.” That would have earned the NCC the trust and faith in their deliberations from ordinary Zambians. Unlike coming up with self-serving clauses that reflect little of the aspirations of most Zambians—-what a waste of money!
Thats wisdon #17. Great thinking indeed. Dont worry, MMD is going next year. We shall have access to our information.
The truth is even if they did have access nothiing would change. You guys should know that what Africa needs is to cut the powers of the president.
oh!!cry my beloved country!!drama unfolding …come 2011 we need change…
#18: Who will give you that information “when MMD goes next year”. Sata? Hehehe it’s nice to live in a dreamworld!
As for Mr Patrick Hatontola’s article, well written but not complete. You should have gone on to research into the important aspect of the danger of information if mishandled, and make suggestions as to whether we are ready to handle any information at all. I am sure the NCC (including UPND MPs and other intelligent people) looked at all these aspects and carefull assessed whether the Mungomba wish list can be applied in our situation now. Judging from the discourse that we see on the blog and in some newspapers these days, it is clear that we are a danger to ourselves as a nation and exposure to sensitive information will just finish us off.
And Mr Katontola, for the sake of completeness also consider whether or not it’s time to do away with our system of voting by secret ballot. This is an aspect of freedom of access to information that can reduce incidences of “vote rigging” as routinely alleged by bad losers, since we can go direct to a voter to confirm how he or she voted. That’s the plus but tell me the minus, Mr Hatontola.
# 21 Kunda……If u think we ,… us, as Zambians , becoming exposed to your ‘sensitive info’ will finish us off , then it seems you have a really low estimation of your fellow countrymen and women.
…I thought it would be apparent that sensitive information is that kind of information that would normally and obviously be considered as that…..Sensitive.
i.e……….the sort of info that has been referred to on the blog as ; Intelligence , military secrets , state security and so forth.
……….What is being addressed here is the sort of information that encourages confidence in the system.
For example .. # 16 Zambia 1 and # 17 Yambayamba.
When you read articles like this, you know we have the wrong people ruling us.
Shame to NCC commissioners for not adopting the information bill. Any way, when government change, will bring this clause back.
The Zambian government has rejected a proposal to guarantee citizens the right to access public information as part of a new constitution being drafted for the country.
The Justice Minister, George Kunda, says the government is opposed to Clause 72 in the draft constitution, which provides for access to information, because it would compromise state security. The government has also rejected provisions in the draft constitution which would have protected all electronic and print media from government interference and shielded journalists from disclosing their sources except in court.
Media Institute of Southern Africa(MISA) says the Zambian government does not want its citizens to be well informed about what is going on. “Rather than being transparent, the government prefers to be…
Access to information is one of the keys to democracy. Allowing people to seek and receive public documents serves as a critical tool for fighting corruption, enabling citizens to more fully participate in public life, making governments more efficient, encouraging investment, and helping persons exercise their fundamental human rights. For this reason, The Carter Center is actively involved with governments and civil society partners around the world, currently focusing on three Latin American countries, in the implementation of access to information policies. In this Q&A, the Carter Center’s Laura Neuman, senior program associate of the Americas Program, shares her insights.
Q: Why should ordinary citizens care about access to information?
I am often asked why people who…
sometimes don’t have even pennies to their name should care about a right that to them seems very distant, such as the right to information, and my response is simple: citizens should care because information allows them to participate in priority setting and decision-making, to hold their government accountable, and to assure equal treatment and equal justice. Information belongs to the people; governments simply hold information in their name. Public documents include anything from a birth certificate to a contract for road construction to studies that underpin public policy. The right to information was considered so important that when former South African President Nelson Mandela was drafting their new democratic constitution, he made certain that this was one of the first rights…
included. Mandela understood that it is a lack of information and a lack of knowledge that allows systems such as apartheid to thrive. With information, citizens can better secure their democratic rights.
Q: Why should governments care about providing access to information?
Many governments are confronted with the urgent need to improve their economy, reform their constitution, strengthen institutions, modernize the public administration, fight corruption, and address civil unrest. For these governments, access to information can be used to achieve all of these objectives. With an access to information law, governments must establish record keeping and archiving systems, which serves to make them more efficient, reduce discretionality and allow them to make better decisions based on f
on factual information. Moreover, greater transparency can help reestablish trust between government and its citizens.
Q: What is the process for incorporating access to information strategies into a country’s consciousness?
Changing a culture of secrecy to one of openness is a difficult task that can take generations. However, a first step is to raise the community’s awareness of their right to information. In many Latin American countries, the constitution provides a right to information. In other countries, governments have signed international instruments or declarations for a right to information. In addition, it is important for legislatures to pass comprehensive laws that set out the procedural framework for requesting and receiving the information.
Developing an access to…
Q: Who are the key players in the development of an access to information law?
It is critical to work with both government and civil society. There is co-responsibility in the development of a vibrant access to information program. The government must pass a good law and implement the necessary procedures and processes, while civil society has the responsibility of using the law and monitoring government’s efforts. Both need support, and The Carter Center is committed to providing the requested assistance to ensure that all sectors are successful.
Q: What are some of the best examples of the use of freedom of information laws by citizens?
There are great examples from throughout the world. In India, documents obtained through access to information requests uncovered the fact that money for infrastructure projects, such as a canal for clean water, was being stolen by the contractor and the paperwork forged. In Thailand, a single mother used her right to information to demonstrate that her daughter was denied a place in the best public schools not because she had failed the entrance exam, as the school directors claimed, but simply because she was poor and could not pay the bribes. And most recently, an access to information request was made in Jamaica under their new law to find out why fish were dying in a river, whether it was due
Q: How is The Carter Center involved in access to information work?
The Carter Center began work in Jamaica in 1999 as part of our ‘transparency’ project. The Access to Information Project officially began in March 2003, and includes work in Jamaica, Bolivia, and Nicaragua. We also provide expertise to the Center’s Global Development Initiative in Mali. Activities in these countries include providing observations relating to draft legislation, workshops to raise awareness, development of materials and guidebooks, and creation of mechanisms such as a volunteer attorneys’ panel to represent poor persons for free when appealing information denials.
We have field offices in Jamaica and Bolivia, and hope to establish an office in Nicaragua. The presence of field staff enables the Center to provide continuing technical assistance and support to the government, congress, and civil society, and contextually addressing issues specific to that particular country
Q: What are some of the achievements of The Carter Center’s Access to Information Project?
In Jamaica, The Carter Center engaged civil society in the drafting of the law and encouraged governments to consult widely before the full parliamentary debate. Some have said that it was the first time there was the opportunity for true participatory lawmaking. In all of our country projects, we have published multiple guidebooks on the right to information and have provided observations on how proposed laws measure up to the emerging international standards. The Carter Center has provided technical assistance to both government and civil society, working to ensure that both sectors are successful, and we have brought the groups together, facilitating meetings and workshops.