Dear Peter,
I definitely agree with your argument that explain.

2013/3/13 Peter Noorlander <peter.noorlan...@mediadefence.org>

> Hi Foialisters,
>
> I wish there were sufficient tolerance of critical journalism in Rwanda to
> really make something of this new law. Sadly there isn't.
>
> Three journalists are currently in prison, one serving three years for
> criticising Kagame, one serving four for somehow having undermined national
> security through a piece she wrote and one serving a year for advice in an
> agony aunt column that referred to beautiful girls "formerly referred to as
> Abatutsi". The case of the first two is pending before the African
> Commission on Human and Peoples' Rights (
> http://www.mediadefence.org/news-story/jailed-rwandan-journalists-appeal-african-commission
> ).
>
> Another one has a prosecution hanging over his head for having been
> abducted by security services and having reported that to the police; while
> a radio reporter who was acquitted of the crime of genocide ideology for
> inadvertent use of the wrong word for 'victim' when referring to genocide
> has been sacked and can't find any radio work because he is on a blacklist.
>
> Over the last few years several have fled the country and one was
> assassinated in Uganda not long ago.
>
> How can FOI work in a climate like that?
>
> I know that it is important to get the right legal structures in place -
> but before you do that there needs to be a minimum level of respect for
> media freedom, lest the laws become box-ticking exercises to make the
> country look good 'on paper' so they can get World Bank money. There's got
> to be real political will - not just political will to adopt a law, but
> political will to implement that law and believe in what it means and
> stands for.
>
> I would argue that in Rwanda there simply isn't that minimum level of
> respect for media freedom, and human rights generally, for an FOI law to
> have any kind of impact.  If there was, the journalists I refer to would
> not be in prison, have fled the country or been assassinated.
>
> So long as journalists are still in prison for things like criticising the
> president, there's absolute no point advocating for FOI.
>
> Peter
>
>
>
>
>
> -----Original Message-----
> From: foianet-boun...@lists.foiadvocates.info [mailto:
> foianet-boun...@lists.foiadvocates.info] On Behalf Of
> foianet-requ...@lists.foiadvocates.info
> Sent: 13 March 2013 17:13
> To: foia...@lists.foiadvocates.info
> Subject: FOIAnet Digest, Vol 227, Issue 3
>
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> Today's Topics:
>
>    1. RTI Rwanda (Henry Maina)
>    2. Rwanda: Progressive Access to Information Law adopted
>       (David Banisar)
>
>
> ----------------------------------------------------------------------
>
> Message: 1
> Date: Wed, 13 Mar 2013 11:22:48 +0000
> From: Henry Maina <he...@article19.org>
> To: "foia...@lists.foiadvocates.info"
>         <foia...@lists.foiadvocates.info>
> Subject: [foianet] RTI Rwanda
> Message-ID:
>         <1e1180dcbb6f45409d1fe1591145aa9477789...@a19mail.aricle19.org>
> Content-Type: text/plain; charset="us-ascii"
>
> Dear All,
>
> Rwanda became the 11th country in Africa to have a comprehensive Right to
> Information law after the was formally gazetted on 11th March 2013. The law
> can be found at the website of the Office of the Prime Minister, Official
> Gazette No 10 of 11th march 2013.
>
>
> http://www.primature.gov.rw/publications/pointer/0.html?tx_mmdamfilelist_pi1[getSubFolders]=fileadmin%2Fuser_upload%2Fdocuments%2FOfficial_Gazettes%2F2013_Official_Gazettes%2F&tx_mmdamfilelist_pi1[getsubfolders]=fileadmin%2Fuser_upload%2Fdocuments%2FOfficial_Gazettes%2F&cHash=f618e2be18df44f0a24f692d33613f21
>
> HENRY O. MAINA
> DIRECTOR
> ARTICLE 19 KENYA/EASTERN AFRICA
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> NAIROBI
> TEL:+254 (20) 3862230/2
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> ------------------------------
>
> Message: 2
> Date: Wed, 13 Mar 2013 16:58:46 +0000
> From: David Banisar <bani...@article19.org>
> To: Foianet Net <foianet@foiadvocates.info>
> Subject: [foianet] Rwanda: Progressive Access to Information Law
>         adopted
> Message-ID: <b57df5c0-8f5e-48ba-9559-c64088fb7...@article19.org>
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>
> Rwanda: Progressive Access to Information Law adopted ARTICLE 19 welcomes
> a comprehensive new access to information law, which came into effect in
> Rwanda yesterday (11th March 2013). This is a positive step by the Rwandan
> Government, which must be given full effect.
>
> ?This passage of this law shows that the Rwandan government is keen to
> entrench transparency and accountability as well as enhancing  greater
> participation by citizens in the management of public affairs. We are
> enormously proud to be associated with the spirited campaign that has
> championed this law? said Henry Maina, Director of ARTICLE19 Eastern Africa.
>
> ARTICLE 19 has led multi-stakeholder initiatives advocating for the
> enactment of this law with local groups like the Rwanda Civil Society
> Platform.
>
> ARTICLE 19 finds the law exemplary in terms of its scope of application.
> The law applies not only to public bodies but also to some private bodies,
> which carry out work in the public interest. There is a strong emphasis on
> the importance of the public interest in the right to information and we
> are pleased to see that this is reflected by limited fees to pay, which
> will cover the cost of the reproduction of papers and for postage.
>
> The law also has clear provisions on proactive disclosure and allows for
> all people to seek, receive and disseminate information, which is a
> progressive step as other laws on the continent only allow citizens this
> right.
>
> ARTICLE 19 notes that the law has some broad exemptions, where access to
> information may be restricted in relation to national security and the
> administration of justice and trade secrets.
>
> ARTICLE 19 now calls on the Minister of Information to speed up the
> consultation process on implementation guidelines will set clear time
> limits for the provision of information or explanations where access to
> such information has been denied.
>
> ?We are hopeful that the ministerial implementation guidelines together
> with oversight by the Office of the Ombudsman should ensure that this new
> law properly implemented? added Maina
>
> ARTICLE 19 recommends that all access to information applications should
> be addressed within 30 days.
>
> ?It is absolutely vital that the guidelines make it clear that where
> requests for information have not been dealt with in time or where the
> information requested has been denied, the person requesting that
> information is entitled to an appeal to the Office of Ombudsman? added
> Maina.
>
> ARTICLE 19 recommends that an appeal should place within 60 days.
>
> The passage of this Law makes Rwanda the 11th African country with right
> to information law and 94th country globally. The other African countries
> with comprehensive access to information laws include South Africa, Angola,
> Zimbabwe, Liberia, Ethiopia, Uganda, Nigeria, Niger, Guinea-Conakry and
> Tunisia.
>
>
>
>
>
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-- 
Ms Fatima Diallo
PhD affliate Africa Studies Centrum,
Leiden, Netherlands.
Secretary ATI working committee,
African Network of Constitutional Lawyers.

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