Current situation
For the implementation of the Poverty Eradication Action Plan (PEAP), the Government recognizes the importance of information and thus puts it at a very high level on the ladder because information and development are inseparable. The importance of information has even been strengthened by Constitutional provisions. For that matter Article 29 (1-a) of the 1995 Constitution of the Republic of Uganda stipulates, “every person shall have the right of freedom of speech and expression which shall include freedom of the press and other media. (1) In line with this, Article 41 (1) of the same Constitution obliges that “every citizen has a right of access to information in the possession of the state or any organ or agency of the State except where the release of the information is likely to prejudice the security or sovereignty of the state or interfere with the right to the privacy of any other person” (2).
“Legislation for Freedom of Information in Uganda” should therefore take into account these two Constitutional provisions. But what is “freedom of information”. “Visa — vis is freedom of expression”! Information is free if it can be expressed freely without any hindrance. Apart from the two constitutional provisions, there are the Press and Journalists Statute 1995 [Press and Journalist Act (cap. 105)] and the Electronic Media Statute, 1996 [Electronic Media Act (cap. 104)]. As a commitment to the spirit of freedom of the press and expression, the Government liberalized the media industry in the early 1990s such that there are now over ten news-papers and magazines in circulation and eighty private FM radio stations and six private TV stations operating in the country of just 24 million people.

Impending legislation
As the Government of Uganda has set priorities for development with a view to transform Uganda from its present Pre-industrial (primitive) status to an industrialized state in a foreseeable future, it is important to recognize that for any development to take place, conditions should be created and made conducive for the fullest participation by all sections of the population in the process. Opportunities should exist at every level of society for discussions and formulation of opinions.

Cognizant of the importance of a central role information plays the Government places information at a very high level of the ladder in its “Poverty Eradication Action Plan (PEAP)” implementation programme, formulated in 1997 and reviewed every two years. “The main objective of PEAP is eradication of mass poverty, raising smallholder farmer household incomes and improving the quality of life of the vast majority of the population” (3). All this can come through free dissemination of information.

National Information and Communication Policy
Realizing that without a coherent National Information and Communication Policy to guide dissemination and utilization of information, it is just utopian to talk of freedom of information. Such a situation could even lead to dissemination and utilization of information in a manner that can easily create anarchy in society.

Consequently, in 1995, the Government of Uganda manifested its resolve to formulate a National Information and Communication Policy especially for Development. The Government then approached development partners for possible assistance. UNESCO came forward to offer Technical Assistance while UNDP offered Financial Support. A team of international and national information and communication technocrats was subsequently set up to be coordinated by the Directorate of Information, Office of the President. From February 1998, the project took off.

For one year, the team traversed the whole country consulting the public down to grassroots community levels to get their information needs. This was to ensure that the policy to be formulated would take into account the basic information needs of the communities and the best manner of communicating them.

The policy would encourage and promote public participation in the design, gathering, processing, dissemination and utilization of information thus “freedom of information”. Vulnerable groups — women, youth; people with disabilities were particularly catered for. The findings of the survey were discussed at two National Workshops in Kampala with Stakeholders from across the country in November and December 1998.

The outcomes of the workshop led to the drafting of a Framework on Information and Communication Policy.

Some salient objectives of the Policy are:
• To ensure that the provision of information for development is as comprehensive as possible.

• To ensure that the information reaches its targeted recipients in the forms best adapted to their needs and circumstances of reception.

• To ensure that development information of all kinds from government departments is a substantial contributor to the overall volume of official information intended for public use.

• To guarantee and promote the rights of access to information and freedom of expression as provided by the 1995 Constitution.

• To empower the public, especially the vulnerable groups — women, youth and people with disabilities (PWDs) — to participate at local decision making process by providing them with appropriate information for their needs.

• To improve communication between the state and the citizens to create mutual, confidence and reduce causes of tensions and hostilities.

• To avail opportunities to the people at all levels and encourage them to actively participate in conception, design, processing and dissemination of information relevant to their needs. They can take such information as theirs.

Dr Okullu Mura (2nd left) addressing a session of the African Regional Forum for the Freedom of Information, Khartoum, Sudan - 4 May 2004.

• To provide affordable public access to information services such as at Community Multimedia Centres (CMC) or the Multipurpose Telecentres (MTC), in order to promote the production, dissemination and utilization of local information. This also ensures that communication infrastructures are not just concentrated in urban areas alone. It further promotes indigenous and traditional means of communication.

• To establish linkages between decision makers and the population at District and sub-county levels via District Information Centres and Sub-County Communication and Information units. (4).

Right of Access to Information
While the proposed legislations above have provisions for the “Freedom of Information in Uganda”, legislation on the “Right of Access to Information” is the most succinct in this area. It is a Constitutional Provision and is therefore obligatory. This is contained in Article 41 (1) of the 1995 Constitution referred to above. The Bill on Access of Information is already before Parliament and may soon be enacted in law.
When enacted into law, Uganda will be one of the few countries in Africa to have Access to Information Act.
• The object of this Bill is to prescribe, in accordance with clause (2) of article 41 of the Constitution, the class of information to which clause (1) of that article relates and the procedure for obtaining access to such information.
• Clause (1) of article 41 of the Constitution confers on every citizen the right of access to information in the possession of the State or any other organ or agency of the State except where the release of the information is likely to prejudice the security or sovereignty of the State or interfere with the right to privacy of any other person.

• The Bill therefore seeks to identify the classes of information to which clause (1) of article 41 relates, and to regulate the manner of obtaining access to that information, to prescribe exceptions to the requirement to release information and the circumstances in which release of information may be denied under article 41.

• The Bill further provides for appeals from person by reason that access to information has been denied under the Bill. The first appeal is to the Inspector General of Government (IGG) working as Ombudsman, with a further right of appeal from the decision of the Inspector General of Government to the High Court.

• The Bill provides for the designation of an information officer by every state agency within the agency who is to be responsible, on behalf of the agency, for managing the grant of access to information and records to applicants in the exercise of their right to access to information granted by article 41 of the Constitution and otherwise responsible for notifying the public of records and information in the possession of the agency concerned to which access is possible under the Law.

• The Bill seeks to achieve a reasonable balance between public access, individual privacy and State confidentiality. A reciprocal principle of good governance is that the confidentiality of certain kinds of information must be protected, including personal information.

• Freedom of access to information represents a move from the culture of secrecy to a culture of openness. This is the bedrock of democracy. The Bill therefore aims at achieving the following objects:
- to promote an efficient, transparent and accountable Government;

- to give full effect to article 41 of the Constitution by providing the right of access to information held by organs of State other than exempt documents;
- to protect persons disclosing evidence (whistle blowers) of contravention of the law, mal-administration or corruption on Government bodies;

- to promote transparency and accountability in all organs of the state by providing the public with timely, accessible and accurate information; and

- to empower the public to effectively scrutinize and participate in Government decisions that affect them.

Armed with the Right of Access to Information Act, the Citizens will be in possession to:
• Oblige the state or its agency to release unclassified information that they need;
• Access relevant information for their developmental needs;
• Access information to enable them to make decisions from and informed basis;
•Access information to enable them to effectively contribute to local policy design and implementation.