The challenges of implementing freedom of information law
Date
2013-05-07
Authors
Muyawala-Ilunga, Janet
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Abstract
Freedom of Information (FOI) law giving the public free access to official documents has long been recognised as one of the pillars of upholding democracy. In fact FOI law has increasingly become recognised as a human right. Many countries have even enshrined the right to information in their Constitutions. Governments have come to realise that FOI law is essential for citizens to participate in the governance of their countries. It is also one of the ways that Governments can be held accountable. However, the ability for citizens to exercise the right to information lies not only in good and necessary legislation. It requires proper implementation, which is by no means an easy task. After years of dragging its feet, the Zambian Government seems ready to enact FOI law. And it now faces the challenge of implementation. Elsewhere, countries that have put in place FOI laws-some of the best pieces of legislation-are still struggling with implementation. It has become apparent that the FOI regime is more than a legislative process. It requires a radical culture shift in attitude and style of operation in public authorities. Proper administrative and organisational structures need to be in place. Information systems should be such that they can handle the increased flow of information as well as release information in the most timely fashion. Public officers too must know and understand their role under an FOI regime. Also critical to the success of FOI law, is the level of awareness and participation of the citizens. Citizens, the media inclusive, must be able to test the law but they can only do so if they are aware of and appreciate the existence of the law. In its current state, the public service cannot facilitate free access to information. Public service workers are still bound by various regulations and statutes that reinforce the withholding of information from the public. Moreover, the penalties for breach of Service Commission regulations are heavy. Coming from a long history of a One-Party regime, information is still a closely guarded secret. The continued use of these regulations and statutes will only serve to negative the spirit in which the FOI law is being introduced. Furthermore, the information system is uncoordinated and does not conform to international standards. A more systematic change and increased advocacy is needed otherwise the FOI law will be dogged with non¬compliance of varying degrees, or even hostility and resentment as highlighted in this study. Th study proposes measures which do not necessarily have to wait for the FOI law to be enacted.
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Keywords
Freedom of Information-Zambia , Information, Freedom of