TANZANIA

Introduction
A right of access to information held by government institutions
is usually justified as an instrument for promoting development
and political participation. It has been argued that access to
information is necessary for the realization of the basic rights
to freedom of opinion and expression that are guaranteed in the
United Nations Declaration of Human Rights, subsequent human
rights declarations, and many national constitutions.
The right of access to information is also guaranteed by Article 9
of the African Charter, which has been further elaborated by the
Declaration of Principles on Freedom of Expression in Africa, as
a fundamental and inalienable human right and an indispensable
component of democracy and development, including socioeconomic development.
A related but even stronger argument is that access is essential for
persons to realize their basic right to participate in the governing
of their country, and live under a system based on the informed
consent of the citizenry.
In any state, and particularly in states where policy-analysis
capabilities of civil society are poorly developed, political
participation rights cannot be exercised effectively without access
to government information.
Government’s obligation to proactively publish information was
stressed recently at an important international forum. Part of the
deliberations of the 2013 G8 Lough Erne Declaration, emanating
from the Summit on June 18, in Northern Ireland, United Kingdom,
states, “Governments should publish information on laws, budgets,
spending, national statistics, elections and government contracts
in a way that is easy to read and re-use, so that citizens can hold
them to account”.
Continentally, March 2013 witnessed the adoption of the African
Union’s “Model Law on Access to Information for Africa” by the
African Commission on Human and Peoples’ Rights (ACHPR). The
Model Law is intended to guide African States on the adoption of
Access to Information legislation, as well as provide benchmarks
for their ‘effective implementation’.
2013 has also witnessed Rwanda becoming the 11th country
in Africa to adopt an Access to Information law, indicating the
increasing significance of Access to Information on the African
continent.
In Tanzania, the right to be informed and to access and disseminate
information, is recognized in Articles 18(1) and 18(2) of the
Constitution of the United Republic of Tanzania of 1977:
Without prejudice to expression the laws of the land, every person
has the right to freedom of opinion and expression, and to seek,
receive and impart or disseminate information and ideas through
any media regardless of national frontiers, and also has the right of
freedom from interference with his communications.
Every citizen has the right to be informed at all times of various
events in the country and in the world at large which are of

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importance to the lives and activities of the people and also of
issues of importance to society (URT 1998).
Against this background the Media Institute of Southern Africa’s
Tanzania Chapter (MISA-TAN) is emphasising extending access to
information campaigns so civil society organizations and organized
communities can access government information to better their
socio-economic conditions.
However, freedom of expression and right to information, as
enshrined in Article 18 of the Constitution of the United Republic
of Tanzania, is not fully enjoyed by many. It is within this context
that MISA-TAN is advocating for an independent and pluralistic
citizenry.
Access to information means to report and comment on issues
of local interest, which are recognized as critical enablers for
empowerment of the poor and for social accountability. An
improved information flow and a greater range of communication
channels are needed to meet the information needs of the poor
and to advance pro-poor perspectives in policy dialogue.
Despite the constitutional mandate, the government often
neglects to inform the public about decisions and projects that
could potentially be of benefit to them. Once they do, it is always
too late. When the public does learn of such government acts
through unofficial channels, inquiries often fall on deaf ears, that
is why the public often remains unaware of possible hazards or
potential benefits of many government decisions and projects.
Despite promises from the Tanzanian government, the parliament
has not witnessed the tabling of the Freedom of Information (FOI)
Bill since 2006, when stakeholders made the first draft public.
Various Ministers under whose mandate the FOI Bill falls have
made several comments. In 2010 for example, when asked in
a parliamentary session to clarify the procedures for accessing
information (for MPs in this case), then Minister of State in the
Prime Minister’s Office, Phillip Marmo, stated the following:
“The conditions include the ones I enlisted as part of my
supplementary answer, but let it be reminded here that there
are huge demands and worldwide, where there is a huge public
demand, including parliamentarians to access information from
government offices, there have been some processes including
laws providing greater details. Such is normally called Freedom
of Information Act. In our country, for all this time, we have not
received any such demand for such a Law from the general public,
parliamentarians or even from the media. This is why we have
continued to use the current practice”.
It was during the era of former Minister of Information and
Culture, Dr. Emmanuel Nchimbi, that the media fraternity and FOI
stakeholders were optimistic the Bill would become a reality, but to
no avail. Over the past number of years, Nchimbi made a number
of comments regarding the Bill. For example, in January of 2011 he
said to a meeting of media stakeholders;

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