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Dar es Salaam. When the government introduced the bill on access to information 2017, after being debated and voted by Parliament, it was promulgated by President John Magufuli. It was hoped that this could be the solution to the long-standing demand. information, especially officials. Unfortunately, this has never been the case.
Almost a year after the promulgation of the law, things did not change for the better, as provided for in a recent report commissioned by the Tanzania Media Council (MCT)
Led by Benedict Alex Ishabakaki, the study found that it was not the absence of the law, which put people's access to information at risk, but rather the conduct of the holders of information
. Mr. Ishabakaki noted that although the law clearly states how information should be shared, the problem still persists. The report outlines the level and extent to which the Act facilitates access and the free flow of information, its potential shortcomings and its impact on access to information. It also examines the compliance of regulations with international and regional standards, as well as Article 18 of the Constitution
. A separate report commissioned by Misa Tanzania cements the behavior of public officials as a major obstacle to access to information. The report, which will be a second part of this analysis, is based on research conducted in seven regional offices of commissioners and councils. A questionnaire was sent to these offices for information on a myriad of questions, but most of them did not respond in a timely manner or did not respond at all.
Regulations made under section 20 of the Access to Information Act No. 6 of 2016, contain a number of strengths, which empower claimants to 39, information and compel the information holder to cooperate.
Generally, the regulations have corrected certain omissions or shortcomings in the parent law, according to Ishabakaki. The regulations have given substance to some of the fundamental provisions of the ITA by expanding the scope of information to consult, the obligations of the information holder as well as the free flow of information .
"Regulations can be considered as an important achievement compared to the parent law; This is because the regulation has filled some of the gaps or loopholes in the Access to Information Act, says part of the report
As we have already mentioned, the regulations put in place a clear mechanism, facilitate access and the free flow of information. They contain provisions that guarantee the free flow of information and unhindered access to information.
Under these regulations, it is now illegal for information holders to refuse to provide regularly requested information. Holders of information are required to establish, maintain and regularly update a user-friendly and widely accessible publishing system that may contain information, the nature of its functions, activities and essential operations.
This is to ensure unhindered access to information under the possession of the information holder. To ensure that the information holder does not give information in his or her discretion, section 5 (1) of the Regulation requires the holder of the information to publish certain information. key information as soon as it receives it or generates it, even if no request
Article 4 (1) of the Regulation sets a minimum content of the publication system while subsection 4 (2) requires the preservation of hard copies and electronic copies of information on the premises of the information holder or "
" This is to ensure that the user can access the information in the form that she wishes, "noted Mr. Ishabakaki
The settlement also has put in place conditions regarding key information that the information holder is required to publish. These include legislation, memorandum or charter for its establishment, existing policy, procedure and rules, budgets, financial account, contracts and annexes that have been entered with third parties for n & # 39; list that a few
approach, which will not only ensure unhindered access to vital information, but also facilitate open access to information for the public, "says the report
.
The Regulations also prohibit an information holder or an agent from requiring any person who requests access to certain information to provide the reasons for such request. It is a remarkable milestone that bridges the gap contained in the ITA, which was silent on this aspect and thus creates a possibility of abuse by the information holder. .
Information holders will have no excuse when it comes to rejecting the disclosure of information on the grounds that the information requested is exempt. In addition, the regulation imposes an additional obligation on the information holder to notify the person requesting access to the information, in the event that partial access is granted, informing him or her that only some of the information is provided after separation. of the party exempted, the reason for that decision, the name and designation of the person who gives the decision and the right to request a reconsideration concerning the non-disclosure of part of the information
But, as we will see in the next article regulations create a clear atmosphere for access to information, the conduct of public officials is now a new impediment to access to information. To be continued next week …
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