1. Freedom of Expression & Right to Information
1.1 The Right to Know in 2006
Inaction and ambiguity would best describe most governments’ attitude towards the right to information in 2006 in
Southern Africa. Zambia and Malawi are examples where the right to information legislative halted after a sudden
unexplained sluggishness from government. This lassitude is also witnessed in Lesotho, Swaziland and Mozambique. In fact a former Zambian information minister is on record bragging that Zambia was in no hurry to pass the
freedom of information bill when Britain an ancient democracy had just passed theirs as recent as 2005.
The Tanzanian government introduced an ambiguous Freedom of Information Draft bill in December 2006 which
was unanimously rejected by Tanzanian civil society, describing it as ‘fraudulent and not in the interest of access to
information’. If passed into law, which government was very keen on, it will join the ranks of Zimbabwe’s AIPPA of
‘Maximum exemption, minimum disclosure’
On a positive note, the Namibian government was a breath of fresh air when it drafted an information policy at the
end of January 2007, a progressive document with provisions to amend the constitution to guarantee the right to
information. The information policy recognizes the right to information not only as a fundamental right, as well as
a tool for fighting corruption. In Botswana the call for right to information legislation is gaining momentum and
receiving attention from policy makers

1.2 Milestones
1.2.1. Greater awareness
One of the major highlights for the right to information campaign for the period in review has been the growing
awareness of the right to information by policy makers and civil society. There has been a growing understanding
of the indispensability of access to information in advancing good governance, fighting corruption and participatory democracy. This is a big development compared to 2003 where access to information was hardly known and
perceived as anti government and in conflict with national security and rights of individual privacy.

1.2.2. Support from MPs
The right to information received overwhelming support from members of parliament from both ruling and opposition parties. This was the case in Malawi, Tanzania, Zambia, Namibia and Botswana. A prominent Zambian
opposition party went as far as promising to enact right to information legislation within 90 days if voted into power
during the 2006 elections.

1.2.3. Influencing Law Drafting Process
The Right to Information featured prominently on the law reform agenda of several countries. The Namibian government developed a progressive information policy committed to right to information and invited greater input from
civil society. The rejection of the Tanzanian government Freedom of Information draft bill of December 2006 by civil
society led the government to form a task force to review the draft bill. A critique of the Swaziland Freedom of Information & Protection of Privacy Draft Bill was presented at meetings with stakeholders and government, a re-draft
of the bill is currently underway with technical support from the commonwealth secretariat.

Annual Report 2006

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