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Strictly Personal

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

If I were put in charge of a $15m African kitty, I’d first deworm children, By Charles Onyango-Obbo

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One of my favourite stories on pan-African action (or in this case inaction), one I will never tire of repeating, comes from 2002, when the discredited Organisation of African Unity, was rebranded into an ambitious, new African Union (AU).

There were many big hitters in African statehouses then. Talking of those who have had the grace to step down or leave honourably after electoral or political defeat, or have departed, in Nigeria we had Olusegun Obasanjo, a force of nature. Cerebral and studious Thabo Mbeki was chief in South Africa. In Ethiopia, the brass-knuckled and searingly intellectual Meles Zenawi ruled the roost.

In Tanzania, there was the personable and thoughtful Ben Mkapa. In Botswana, there was Festus Mogae, a leader who had a way of bringing out the best in people. In Senegal, we had Abdoulaye Wade, fresh in office, and years before he went rogue.

And those are just a few.

This club of men (there were no women at the high table) brought forth the AU. At that time, there was a lot of frustration about the portrayal of Africa in international media, we decided we must “tell our own story” to the world. The AU, therefore, decided to boost the struggling Pan-African New Agency (Pana) network.

The members were asked to write cheques or pledges for it. There were millions of dollars offered by the South Africans and Nigerians of our continent. Then, as at every party, a disruptive guest made a play. Rwanda, then still roiled by the genocide against the Tutsi of 1994, offered the least money; a few tens of thousand dollars.

There were embarrassed looks all around. Some probably thought it should just have kept is mouth shut, and not made a fool of itself with its ka-money. Kigali sat unflustered. Maybe it knew something the rest didn’t.

The meeting ended, and everyone went their merry way. Pana sat and waited for the cheques to come. The big talkers didn’t walk the talk. Hardly any came, and in the sums that were pledged. Except one. The cheque from Rwanda came in the exact amount it was promised. The smallest pledge became Pana’s biggest payday.

The joke is that it was used to pay terminal benefits for Pana staff. They would have gone home empty-pocketed.

We revive this peculiarly African moment (many a deep-pocketed African will happily contribute $300 to your wedding but not 50 cents to build a school or set up a scholarship fund), to campaign for the creation of small and beautiful African things.

It was brought on by the announcement by South Korea that it had joined the African Summit bandwagon, and is shortly hosting a South Korea-Africa Summit — like the US, China, the UK, the European Union, Japan, India, Russia, Italy, Saudi Arabia, and Turkey do.

Apart from the AU, whose summits are in danger of turning into dubious talk shops, outside of limited regional bloc events, there is no Pan-African platform that brings the continent’s leaders together.

The AU summits are not a solutions enterprise, partly because over 60 percent of its budget is funded by non-African development partners. You can’t seriously say you are going to set up a $500 million African climate crisis fund in the hope that some Europeans will put up the money.

It’s possible to reprise the Rwanda-Pana pledge episode; a convention of African leaders and important institutions on the continent for a “Small Initiatives, Big Impact Compact”. It would be a barebones summit. In the first one, leaders would come to kickstart it by investing seed money.

The rule would be that no country would be allowed to put up more than $100,000 — far, far less than it costs some presidents and their delegations to attend one day of an AU summit.

There would also be no pledges. Everyone would come with a certified cheque that cannot bounce, or hard cash in a bag. After all, some of our leaders are no strangers to travelling around with sacks from which they hand out cash like they were sweets.

If 54 states (we will exempt the Sahrawi Arab Democratic Republic for special circumstances) contribute $75,000 each, that is a good $4.05 million.

If just 200 of the bigger pan-African institutions such as the African Development Bank, Afrexim Bank, the giant companies such as MTN, Safaricom, East African Breweries, Nedbank, De Beers, Dangote, Orascom in Egypt, Attijariwafa Bank in Morocco, to name a few, each ponied up $75,000 each, that’s a cool $15 million just for the first year alone.

There will be a lot of imagination necessary to create magic out of it all, no doubt, but if I were asked to manage the project, I would immediately offer one small, beautiful thing to do.

After putting aside money for reasonable expenses to be paid at the end (a man has to eat) — which would be posted on a public website like all other expenditures — I would set out on a programme to get the most needy African children a dose of deworming tablets. Would do it all over for a couple of years.

Impact? Big. I read that people who received two to three additional years of childhood deworming experience an increase of 14 percent in consumption expenditure, 13 percent in hourly earnings, and nine percent in non-agricultural work hours.

At the next convention, I would report back, and possibly dazzle with the names, and photographs, of all the children who got the treatment. Other than the shopping opportunity, the US-Africa Summit would have nothing on that.

Charles Onyango-Obbo is a journalist, writer, and curator of the “Wall of Great Africans”. X@cobbo3

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Strictly Personal

AU shouldn’t look on as outsiders treat Africa like a widow’s house, By Joachim Buwembo

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There is no shortage of news from the UK, a major former colonial master in Africa, over whose former empire the sun reputedly never set. We hope and pray that besides watching the Premier League, the managers of our economies are also monitoring the re-nationalisation of British Railways (BR).

 

Three decades after BR was privatised in the early to mid-nineties — around the season when Africa was hit by the privatisation fashion — there is emerging consensus by both conservative and liberal parties that it is time the major public transport system reverts to state management.

 

Yes, there are major services that should be rendered by the state, and the public must not be abandoned to the vagaries of purely profit-motivated capitalism. It is not enough to only argue that government is not good at doing business, because some business is government business.

 

Since we copied many of our systems from the British — including wigs for judges — we may as well copy the humility to accept if certain fashions don’t work.

 

Another piece of news from the UK, besides football, was of this conservative MP Tim Loughton, who caused a stir by getting summarily deported from Djibouti and claiming the small African country was just doing China’s bidding because he recently rubbed Beijing the wrong way.

 

China has dismissed the accusation as baseless, and Africa still respects China for not meddling in its politics, even as it negotiates economic partnerships. China generously co-funded the construction of Djibouti’s super modern multipurpose port.

 

What can African leaders learn from the Loughton Djibouti kerfuffle? The race to think for and manage Africa by outsiders is still on and attracting new players.

 

While China has described the Loughton accusation as lies, it shows that the accusing (and presumably informed) Britons suspect other powerful countries to be on a quest to influence African thinking and actions.

 

And while the new bidders for Africa’s resources are on the increase including Russia, the US, Middle Eastern newly rich states, and India, even declining powers like France, which is losing ground in West Africa, could be looking for weaker states to gain a new foothold.

 

My Ugandan people describe such a situation as treating a community like “like a widow’s house,” because the poor, defenceless woman is susceptible to having her door kicked open by any local bully. Yes, these small and weak countries are not insignificant and offer fertile ground for the indirect re-colonisation of the continent.

 

Djibouti, for example, may be small —at only 23,000square kilometres, with a population of one million doing hardly any farming, thus relying on imports for most of its food — but it is so strategically located that the African Union should look at it as precious territory that must be protected from external political influences.

 

It commands the southern entrance into the Red Sea, thus linking Africa to the Middle East. So if several foreign powers have military bases in Djibouti, why shouldn’t the AU, with its growing “peace kitty,” now be worth some hundreds of millions of dollars?

 

At a bilateral level, Ethiopia and Djibouti are doing impressively well in developing infrastructure such as the railway link, a whole 750 kilometres of it electrified. The AU should be looking at more such projects linking up the whole continent to increase internal trade with the continental market, the fastest growing in the world.

 

And, while at it, the AU should be resolutely pushing out fossil-fuel-based transportation the way Ethiopia is doing, without even making much noise about it. Ethiopia can be quite resolute in conceiving and implementing projects, and surely the AU, being headquartered in Addis Ababa, should be taking a leaf rather than looking on as external interests treat the continent like a Ugandan widow’s house.

 

Buwembo is a Kampala-based journalist. E-mail:buwembo@gmail.com

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