Dear Henry and dear all, Sorry for the email which for some reason doesn't appear completely. What I was saying is that I do understand and share the argument of Peter. The context is important. That doesn't mean that its not a good move to have a Law. We should congratulate each effort made for secure a legal environment for Access to information. But as well, I keep saying, that in African context and, even in other context as well, what will make the difference is not definitely the Law but the Context in which this law has been adopted and the means (materials and symbolic) of its implementation. Those means for the implementation of access, as for any other right including freedom of expression, depend largely on the political context and the social-economic realities.
The number of laws is increasing (some less strong than the others) on the continent but its as well important to think about the real impact they can have when the political will and minimal conditions of their implementation is not secured. I'm sure that is something you know better than me but as we say in french "la repetition est pédagogique". On the "legalistic" point of vu, one can comments the Law and thanks to Peter for starting such exercise and maybe at the end we all will agree that it is a very robust one ( Peter comments make us doubt on that) but still the general sceptic comment will be validate. This is not proper to Rwanda but will be for any environment where the rule of law is not at some level guaranteed. Best regards, Fatima. 2013/3/14 Peter Noorlander <peter.noorlan...@mediadefence.org> > Dear Henry,**** > > ** ** > > I'm merely concerned that there's a difference between assessing a law > objectively and assessing it out of context. I'm concerned you've done the > latter, which just doesn't help. **** > > ** ** > > You already have my contextual assessment. Since you've asked for it, > here's my bird's eye objective assessment of the law. Overall, it's > probably not quite robust enough to provide real government transparency. > My main concerns would be: **** > > - Article 2, definition of "information", may be read by public officials > to limit it to material that is "of public interest"; **** > > - Article 4: exceptions are activated if information "may" affect them, > which is guaranteed to be abused;**** > > - Article 4. 5: will allow any corruption to be hidden by the argument > that legal proceedings are "contemplated"**** > > - Article 5: the dreaded ministerial national security certificate, > driving a coach and horses through the entire regime (no doubt advised by > Tony Blair);**** > > - Article 6: vague and potentially narrow definitions of public interest; > **** > > - Article 7: good intent but leaving it all to ministerial discretion**** > > - Article 11: allows decisions to be taken "according to priorities" left > to the discretion of the information officer. Likely to be abused. **** > > - Article 12: represents an attempt at a mini data protect act in one > provision in the FOIA. Probably won't work. **** > > - Article 17: oversight regime really needs much further elaboration - and > the ombudsman probably needs funding...**** > > - Article 19: unclear but interesting: does that invalidate prior state > secrets, national security laws? **** > > I may have missed some. In addition, there's nothing on training of public > information officers and other civil servants, which in fact is very > important when it comes to implementation; and appeals are not clear (there > ought to be internal appeals and speedy access to a tribunal, lest matters > strand in the logjam that is the Rwandan justice system). **** > > ** ** > > Best,**** > > ** ** > > Peter**** > > ** ** > > ** ** > > ** ** > > ** ** > > -----Original Message----- > From: Henry Maina [mailto:he...@article19.org] > Sent: 14 March 2013 06:59 > To: Toby Mendel; Peter Noorlander > Cc: foia...@lists.foiadvocates.info > Subject: RE: [foianet] RTI Rwanda (Henry Maina) > > ** ** > > Dear All,**** > > ** ** > > The context of Rwanda is something A19 has quite often highlighted in more > than one fora. Look at our UPR submission and recommendations and > engagements in National Media Dialogue. We have questioned the continued > incarceration of journalists and Human rights defender. However, that does > not negate the fact that there is a new law that must be assessed > objectively. Toby Mendel and other FOI gurus would always tell us that > implementation of any law is the challenge and we already see that and have > pointed out what the Minister must do in his ministerial order in terms of > exemptions; time limit for response; and appeals. **** > > ** ** > > There are three new laws in Rwanda. The Access to Information law, the law > regulating media and the Media High Council law. This three laws must again > be assessed and a judgment call made whether the enhance guarantees on > freedom of expression, right to information and media freedom. I would > appreciate if listers would make their calls after looking at the three law > **** > > ** ** > > HENRY **** > > ** ** > > ________________________________________**** > > From: foianet-boun...@lists.foiadvocates.info [ > foianet-boun...@lists.foiadvocates.info] on behalf of Toby Mendel [ > t...@law-democracy.org]**** > > Sent: 13 March 2013 09:19 PM**** > > To: Peter Noorlander**** > > Cc: foia...@lists.foiadvocates.info**** > > Subject: Re: [foianet] RTI Rwanda (Henry Maina)**** > > ** ** > > Seconded. Respect for freedom of expression and media freedom in Rwanda is > vastly problematical, to the point where it is hard to see this as anything > but a token gesture or worse.**** > > ** ** > > Nonetheless, we will do an RTI Rating in due course to see just how good > the law is :)**** > > ** ** > > Toby**** > > ** ** > > ___________________________________**** > > Toby Mendel**** > > Executive Director**** > > ** ** > > Centre for Law and Democracy**** > > t...@law-democracy.org**** > > Tel: +1 902 431-3688**** > > Fax: +1 902 431-3689**** > > www.law-democracy.org**** > > ** ** > > ** ** > > ** ** > > ** ** > > On 13 Mar 2013, at 15:08, Peter Noorlander wrote:**** > > ** ** > > > 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<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**** > > >** ** > > > Send FOIAnet mailing list submissions to**** > > > foia...@lists.foiadvocates.info**** > > >** ** > > > To subscribe or unsubscribe via the World Wide Web, visit**** > > > **** > > > http://lists.foiadvocates.info/listinfo.cgi/foianet-foiadvocates.info*** > * > > > or, via email, send a message with subject or body 'help' to**** > > > foianet-requ...@lists.foiadvocates.info**** > > >** ** > > > You can reach the person managing the list at**** > > > foianet-ow...@lists.foiadvocates.info**** > > >** ** > > > When replying, please edit your Subject line so it is more specific than > "Re: Contents of FOIAnet digest..."**** > > >** ** > > >** ** > > > 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_mmdamfileli** > ** > > > st_pi1[getSubFolders]=fileadmin%2Fuser_upload%2Fdocuments%2FOfficial_G** > ** > > > azettes%2F2013_Official_Gazettes%2F&tx_mmdamfilelist_pi1[getsubfolders** > ** > > > ]=fileadmin%2Fuser_upload%2Fdocuments%2FOfficial_Gazettes%2F&cHash=f61** > ** > > > 8e2be18df44f0a24f692d33613f21**** > > >** ** > > > HENRY O. MAINA**** > > > DIRECTOR**** > > > ARTICLE 19 KENYA/EASTERN AFRICA**** > > > P O BOX 2653,00100**** > > > NAIROBI**** > > > TEL:+254 (20) 3862230/2**** > > > FAX:+254 (20) 3862231**** > > > EMAIL: he...@article19.org**** > > >** ** > > > -------------- next part -------------- A non-text attachment was **** > > > scrubbed...**** > > > Name: image001.png**** > > > Type: image/png**** > > > Size: 13730 bytes**** > > > Desc: image001.png**** > > > URL: **** > > > <http://lists.foiadvocates.info/pipermail/foianet-foiadvocates.info/at** > ** > > > tachments/20130313/664dc9f7/attachment-0001.png>**** > > >** ** > > > ------------------------------**** > > >** ** > > > 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>**** > > > Content-Type: text/plain; charset="windows-1252"**** > > >** ** > > > Is this email not displaying correctly? View it in your browser.**** > > >** ** > > > 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.**** > > >** ** > > >** ** > > >** ** > > >** ** > > >** ** > > > Find us on Facebook Follow us on Twitter**** > > > Follow our RSS feed Forward to a friend**** > > >** ** > > >** ** > > >** ** > > > Friend on Facebook**** > > >** ** > > > Follow on Twitter**** > > >** ** > > > Forward to a Friend**** > > >** ** > > > Our press team are ready for queries and interview requests at:**** > > > T: +44 (0) 20 7324 2510**** > > > E: presst...@article19.org**** > > >** ** > > >** ** > > >** ** > > > About ARTICLE 19**** > > > ARTICLE 19 is an independent human rights organisation that works > globally to protect and promote the right to freedom of expression. It > takes its name from Article 19 of the Universal Declaration of Human > Rights, which guarantees free speech.**** > > > follow on Twitter | friend on Facebook | forward to a friend You are > receiving this email because you signed up during an event or online and > requested updates on freedom of expression and information.**** > > >** ** > > > We can be contacted at:**** > > > ARTICLE 19**** > > > 60 Farringdon Road**** > > > London, England EC1R 3GA**** > > > United Kingdom**** > > >** ** > > > Add us to your address book**** > > >** ** > > > Tel: +44 20 7324 2500**** > > > Fax: +44 20 7490 0566**** > > > Email: i...@article19.org**** > > >** ** > > > This work is licensed under a Creative Commons > Attribution-NonCommercial-ShareAlike 3.0 Unported License.**** > > >** ** > > > ARTICLE 19, Registered Charity no. 327421, a Company Limited by > Guarantee registered in England and Wales no. 2097222.**** > > >** ** > > > -------------- next part -------------- An HTML attachment was **** > > > scrubbed...**** > > > URL: **** > > > <http://lists.foiadvocates.info/pipermail/foianet-foiadvocates.info/at** > ** > > > tachments/20130313/b5ce348e/attachment.htm>**** > > >** ** > > > End of FOIAnet Digest, Vol 227, Issue 3**** > > > ******************************************* > > >** ** > > ** ** > -- Ms Fatima Diallo PhD affliate Africa Studies Centrum, Leiden, Netherlands. Secretary ATI working committee, African Network of Constitutional Lawyers.
