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Access to Information, NGO and Media Regulation In Zambia, By Isaac Mwanza

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In Zambia, the questions of access to information (ATI), regulation of non-governmental organisations (NGOs), and the media have been a thorny generational issues which provokes personal, political, and professional debates as well as resistance from those likely to be affected by such pieces of legislation.

RELATIONSHIP BETWEEN ACCESS TO INFORMATION AND MEDIA REGULATION

Speaking when he featured on Hot FM Radio’s breakfast show in January, 2023, Zambia’s Justice Minister Mulambo Haimbe, S.C. said Zambians should expect progress on the enactment of the Access to Information Bill once the media themselves, resolve the issue of self-regulation, a matter that didn’t sit well with some media houses.

The Minister’s proposition obviously raises the question as to whether there is any link between access to information and media regulation? During the said programme, the Justice Minister said:

“The Access to Information Bill gives a lot of freedom not only to the media but also the general public in terms of access to information. Building into that, it comes with responsibility intended to be managed through a self-regulatory process with regard to the media…The two go hand in hand… So perhaps we have to look at it as a shared responsibility rather than a responsibility of government alone.”

If enacted, the Access to Information law will give both the media and the general public access to information that is generated or held by the government. For the media, such information is not for storage but to provide content and context to the news and communicating information to the public.

The media would be expected to sort through the information and determine what should be safely communicated to the public as well as how it should be communicated, without causing harm either to government operations, to persons or groups or organisations, or to the public itself. This, therefore, certainly comes with a huge responsibility.

It would not be wise to state that there is no relationship between freedom of expression, the freedom to access government information and freedom of the media. These three freedoms are interrelated and all three, give rise to a duty. Kenya has all these three freedoms enshrined in their Constitution.

Rights and freedoms do not exist without corresponding duties and responsibilities. While it is true that to access information is a human right, responsibilities on the part of those who claim and exercise that right, especially the media and civil society, are a logical consequence of claiming that right.

In order to enjoy the right to information, which we now claim to be a human right, corresponding responsibilities are required on the part of the media, citizens and for the state itself.

Monitoring content, especially that which may be generated from information obtained through the proposed access to information law, plays an important role when considering the role and the place of media accountability in the wider relationship between media freedom and media responsibility in a democratic society.

Government and citizens generally share a direct reciprocal relationship in which citizens elect government officials and must then adhere to laws made by the government which they put in place.

We must acknowledge the basic fact that the power to elect and put a government in place, does not put citizens above that government and the laws it may pass. The laws apply equally to both government and citizens.

Equally, the relationship exist between the media and government in which government must and is under an obligation to create a conductive environment for media freedom and freedom of expression to thrive.

The enactment of access to information law, although beneficial to citizens generally, creates an addition relationship between government and the media as a front in accessing information held by government.

The government will be producing an additional legal framework within which the media will be expected to operate as they access information held by the government.

The media will scrutinise activities of government based on information they would have accessed and then report to citizens who, at present, have a rather limited capacity to hold the media accountable for their activities as there exist a weak relationship between citizens and the media.

This is where media accountability plays a role at the interface among the three freedoms: access to information, freedom of expression and media freedom, all of which impose a duty of care on the part of the media and all who access such information.

So yes, the Minister was right. We need to resolve this issue of accountability of the media, and all other key stakeholders such as NGOs who must access information as a matter of a right, through some form of self-regulation.

ATTEMPTS TO REGULATE NGOS
The first attempt to regulate NGOs was done by means of statutory regulation when Government presented the 2007 NGO Bill to Parliament which was later withdrawn after civil society protested against it on the grounds that it was a draconian piece of legislation that could not facilitate any meaningful growth of the NGOs in the country. NGOs had instead, opted for self-regulation.

Even though the media and NGO fraternity relentlessly fought tooth and nail to stop statutory regulation in preference to self-regulation, government managed to carry out its will and eventually passed the NGO law. A fully-fledged statutory piece of legislation to regulate NGOs was enacted in 2009. The general feeling among activists was that the NGO law was to make the NGO movement weaker, not better.

NGOs later regrouped and challenged this statutory regulation of their movement in court, but later withdrew the action after Government promised to attend to the issues which the NGOs had raised in their action before the courts.

It would appear that, after a lengthy delay, Government will soon be presenting the proposed new NGO Act drafted by the Zambia Law Development Commission (ZLDC) in this session of Parliament which, as far as this author is aware, has failed to respond to earlier demands by NGOs for self-regulation, or to give more voice and power to NGOs. It has even failed to provide for more seats for NGOs on the NGO Registration Board.

The new NGO Bill, if enacted into law, will strengthen statutory regulation of NGOs and has maintained government’s far-reaching powers to approve the area of work for NGOs, and places NGOs to work at the direction of a government minister who will have power to issue statutory instruments for purposes of dealing with any regulatory matter of NGOs, as the minister and his technocrats see fit.

The proposed Bill is as draconian as the 2009 NGO Act, leaving the NGOs in exactly the same place as they were in 2009, which brings into question the wisdom of their decision to discontinue their court action challenging the original NGO Act in 2009.

An examination of the proposed new NGO Bill shows that there are provisions in the proposed statute which give a semblance of self-regulation by blurring the prominence of persons or entities which are being regulated.

The proposed new Act also obfuscates and mixes up certain roles, resulting in confusion among role players and presents what is essentially a false picture of self-regulation when in fact the power to regulate, is vested in the office of the minister, to be exercised by government officials.

The author has not yet seen the final version of the Bill as completed by the Ministry of Justice but NGOs are advised to be on the look out for it, once it is made public. Self-regulation of NGOs which is binding by statute is the way to go but not in a manner it was resolved through the ZLDC-led consultations. What came out from those consultations is far from self-regulation by NGOs.

[To be continued tomorrow]

Strictly Personal

African Union must ensure Sudan civilians are protected, By Joyce Banda

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The war in Sudan presents the world – and Africa – with a test. This far, we have scored miserably. The international community has failed the people of Sudan. Collectively, we have chosen to systematically ignore and sacrifice the Sudanese people’s suffering in preference of our interests.

For 18 months, the Rapid Support Forces (RSF) and the Sudanese Armed Forces (SAF) have fought a pitiless conflict that has killed thousands, displaced millions, and triggered the world’s largest hunger crisis.

Crimes against humanity and war crimes have been committed by both parties to the conflict. Sexual and gender-based violence are at epidemic levels. The RSF has perpetrated a wave of ethnically motivated violence in Darfur. Starvation has been used as a weapon of war: The SAF has carried out airstrikes that deliberately target civilians and civilian infrastructure.

The plight of children is of deep concern to me. They have been killed, maimed, and forced to serve as soldiers. More than 14 million have been displaced, the world’s largest displacement of children. Millions more haven’t gone to school since the fighting broke out. Girls are at the highest risk of child marriage and gender-based violence. We are looking at a child protection crisis of frightful proportions.

In many of my international engagements, the women of Sudan have raised their concerns about the world’s non-commitment to bring about peace in Sudan.

I write with a simple message. We cannot delay any longer. The suffering cannot be allowed to continue or to become a secondary concern to the frustrating search for a political solution between the belligerents. The international community must come together and adopt urgent measures to protect Sudanese civilians.

Last month, the UN’s Independent International Fact-Finding Mission for Sudan released a report that described a horrific range of crimes committed by the RSF and SAF. The report makes for chilling reading. The UN investigators concluded that the gravity of its findings required a concerted plan to safeguard the lives of Sudanese people in the line of fire.

“Given the failure of the warring parties to spare civilians, an independent and impartial force with a mandate to safeguard civilians must be deployed without delay,” said Mohamed Chande Othman, chair of the Fact-Finding Mission and former Chief Justice of Tanzania.

We must respond to this call with urgency.

A special responsibility resides with the African Union, in particular the AU Commission, which received a request on June 21 from the AU Peace and Security Council (PSC) “to investigate and make recommendations to the PSC on practical measures to be undertaken for the protection of civilians.”

So far, we have heard nothing.

The time is now for the AU to act boldly and swiftly, even in the absence of a ceasefire, to advance robust civilian protection measures.

A physical protective presence, even one with a limited mandate, must be proposed, in line with the recommendation of the UN Fact-Finding Mission. The AU should press the parties to the conflict, particularly the Sudanese government, to invite the protective mission to enter Sudan to do its work free from interference.

The AU can recommend that the protection mission adopt targeted strategies operations, demarcated safe zones, and humanitarian corridors – to protect civilians and ensure safe, unhindered, and adequate access to humanitarian aid.

The protection mission mandate can include data gathering, monitoring, and early warning systems. It can play a role in ending the telecom blackout that has been a troubling feature of the war. The mission can support community-led efforts for self-protection, working closely with Sudan’s inspiring mutual-aid network of Emergency Response Rooms. It can engage and support localised peace efforts, contributing to community-level ceasefire and peacebuilding work.

I do not pretend that establishing a protection mission in Sudan will be easy. But the scale of Sudan’s crisis, the intransigence of the warring parties, and the clear and consistent demands from Sudanese civilians and civil society demand that we take action.

Many will be dismissive. It is true that numerous bureaucratic, institutional, and political obstacles stand in our way. But we must not be deterred.

Will we stand by as Sudan suffers mass atrocities, disease, famine, rape, mass displacement, and societal disintegration? Will we watch as the crisis in Africa’s third largest country spills outside of its borders and sets back the entire region?

Africa and the world have been given a test. I pray that we pass it.

Dr Joyce Banda is a former president of the Republic of Malawi.

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Strictly Personal

Economic policies must be local, By Lekan Sote

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With 32.70 per cent headline inflation, 40.20 per cent food inflation, and bread inflation of 45 per cent, all caused by the removal of subsidies from petrol and electricity, and the government’s policy of allowing market forces to determine the value of the Naira, Nigerians are reeling under high cost of living.

 

The observation by Obi Alfred Achebe of Onitsha, that “The wellbeing of the people has declined more steeply in the last months,” leads to doubts about the “Renewed Hope” slogan of President Bola Tinubu’s government that is perceived as extravagant, whilst asking Nigerians to be patient and wait for its unfolding economic policies to mature.

 

It doesn’t look as if it will abate soon, Adebayo Adelabu, Minister of Power, who seems ready to hike electricity tariffs again, recently argued that the N225 per kilowatt hour of electricity that Discos charge Band A premium customers is lower than the N750 and N950 respective costs of running privately-owned petrol or diesel generators.

 

While noting that 129 million, or 56 per cent of Nigerians are trapped below poverty line, the World Bank revealed that real per capita Gross Domestic Product, which disregards the service industry component, is yet to recover from the pre-2016 economic depression under the government of Muhammadu Buhari.

 

This has led many to begin to doubt the government’s World Bank and International Monetary Fund-inspired neo-liberal economic policies that seem to have further impoverished poor Nigerians, practically eliminated the middle class, and is making the rich also cry.

 

Yet the World Bank, which is not letting up, recently pontificated that “previous domestic policy missteps (based mainly on its own advice) are compounding the shocks of rising inflation (that is) eroding the purchasing power of the people… and this policy is pushing many (citizens) into poverty.”

 

It zeroes in by asking Nigeria to stay the gruelling course, which Ibukun Omole thinks “is nothing more than a manifesto for exploitation… a blatant attempt to continue the cycle of exploitation… a tool of imperialism, promoting the same policies that have kept Nigeria under the thumb of… neocolonial agenda for decades.”

 

When Indermilt Gill, Senior Vice President of the World Bank, told the 30th Summit of Nigeria’s Economic Summit Group, in Abuja, Federal Capital Territory, that Nigerians may have to endure the harrowing economic conditions for another 10 to 15 years, attendees murmured but didn’t walk out on him because of Nigerian’s tradition of politeness to guests.

 

Governor Bala Muhammed of Bauchi State, who agrees with the World Bank that “purchasing power has dwindled,” also thinks that “these (World Bank-inspired) policies, usually handed down by arm-twisting compulsions, are not working.”

 

What seems to be trending now is the suggestion that because these neo-liberal policies do not seem to be helping the economy and the citizens of Nigeria, at least in the short term, it would be better to think up homegrown solutions to Nigeria’s economic problems.

 

Late Speaker of America’s House of Representatives, Tip O’Neill, is quoted to have quipped that, at the end of the day, “All politics is local.” He may have come to that conclusion after observing that it takes the locals in a community to know what is best for them.

 

This aphorism must apply to economics, a field of study that is derived from sociology, which is the study of the way of life of a people. Proof of this is in “The Wealth of Nations,” written by Adam Smith, who is regarded as the first scholar of economics.

 

In his Introduction to the Penguin Classics edition of “The Wealth of Nations,” Andrew Skinner observes: “Adam Smith was undoubtedly the remarkable product of a remarkable age and one whose writing clearly reflects the intellectual, social and economic conditions of the period.”

 

To drive the point home that Smith’s book was written for his people and his time, Skinner reiterated that “the general ‘philosophy,’ which it contained was so thoroughly in accord with the aspirations and circumstances of his age.”

 

In a Freudian slip of the Darwinist realities of the Industrial Revolution that birthed individualism, capitalism, and global trade, Smith averred that “How selfish soever man may be supposed, there are evidently some principle in his nature which interest him in the fortune of others, and render their happiness necessary to him, though he derives nothing from it, except the pleasures of seeing it.”

 

And, he let it slip that capitalism is for the advantage of Europe when he confessed that “Europe, by not leaving things at perfect liberty (the so-called Invisible Hand), occasions… inequities,” by “restraining the competition in some trades to a smaller number… increasing it in others beyond what it naturally would be… and… free circulation of labour (or expertise) and stocks (goods) both from employment to employment and from place to place!”

 

Policymakers, who think Bretton Woods institutions will advise policies to replicate the success of the Euro-American economy in Nigeria must be daydreaming. After advising elimination of subsidy, as global best practices that reflect market forces, they failed to suggest that Nigeria’s N70,000 monthly minimum wage, neither reflects the realities of the global marketplace, nor Section 16(2,d) of Nigeria’s Constitution, which suggests a “reasonable national minimum living wage… for all citizens.”

 

After Alex Sienart, World Bank’s lead economist in Nigeria, pointed out that the wage increase will directly affect the lives of only 4.1 per cent of Nigerians, he suggested that Nigeria needed more productive jobs to reduce poverty. But he neither explained “productive jobs,” nor suggested how to create them.

 

In admitting past wrong economic policies that the World Bank recommended for Nigeria, its former President, Jim Yong Kim, confessed, “I think the World Bank has to take responsibility for having emphasized hard infrastructure –roads, rails, energy– for a long time…

 

“There is still the bias that says we will invest in hard infrastructure, and then we grow rich, (and) we will have enough money to invest in health and education. (But) we are now saying that’s the wrong approach, that you’ve got to start investing in your people.”

 

Kim is a Korean-American physician, health expert, and anthropologist, whose Harvard University and Brown University Ivy League background shapes his decidedly “Pax American” worldview of America’s dominance of the world economy.

 

Despite his do-gooder posturing, his diagnoses and prescriptions still did not quite address the root cause of Nigeria’s economic woes, nor provide any solutions. They were mere diversions that stopped short of the way forward.

 

He should have advocated for the massive accumulation of capital and investments in the local production of manufacturing machinery, industrial spare parts, and raw materials—items that are currently imported, weakening Nigeria’s trade balance.

 

He should have pushed for the completion of Ajaokuta Steel Mill and helped to line up investors with managerial, technical, and financial competence to salvage Nigeria’s electricity sector, whose poor run has been described by Dr. Akinwumi Adesina, President of Africa Development Bank, as “killing Nigerian industries.”

 

He could have assembled consultants to accelerate the conversion of Nigeria’s commuter vehicles to Compressed Natural Gas and get banks of the metropolitan economies, that hold Nigeria’s foreign reserves in their vaults, to invest their low-interest funds into Nigeria’s agriculture— so that Nigeria will no longer import foodstuffs.

 

Nigerians need homegrown solutions to their economic woes.

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