Media Monitoring Project Zimbabwe:

YOUR RIGHT TO INFORMATION

Everyone shall have the right to seek, receive and impart information and ideas of all kinds

The Right to Information

Freedom of expression is a fundamental human right guaranteed under international and Zimbabwean law. While this is often understood to be a law protecting the activities of the media, its primary function is to enshrine the right of every person to seek, receive, and impart information and ideas freely. In particular, the right to information includes the publics right to access information held by public bodies. Every citizen has a right to know what government bodies are doing and how their activities affect them. Under the constitution and laws of the country, government is obliged to facilitate access to any record of public interest held by public bodies. Public bodies should provide information to the public whenever it is requested and to publish and disseminate information of public interest and importance widely. Such information may also be made available through the media.

What is information?

Information includes records or documents held by public bodies in various forms, their source and production date.

What is a public body?

A public body is a branch of government or an organisations carrying out public functions. eg: National and local government departments eg: Ministries, City and District Councils; Boards set up by an Act of Parliament eg. The National AIDS Council (NAC), the National Social Security Authority (NSSA); Parastatals and public companies eg. NOCZIM, ZESA and the Grain Marketing Board; Commissions of inquiry eg. the Utete Commission tasked with auditing the Fast Track Land Reform Programme, the Chidyausiku Commission set up to investigate Gukurahundi.

Why claim your right to information?

Information enables people to know what their constitutional rights are and how they are being respected or violated. People can only develop their own opinions and make informed decisions on the basis of the information they receive. Adequate information enables citizens to choose those who govern them and to hold them accountable for their actions.

It is therefore important that citizens have access to information that allows them to know what the government that they elected is doing to protect their interests. Guaranteeing the publics right to access information is important because it: Provides a safeguard against misconduct on the part of public officials.

Encourages elected officials to act out of a sense of public responsibility, and makes them more accountable to those they govern. Alerts people to the existence of dangers that may threaten their lives. For example, the government should disclose the threat of drought in a coming season to allow its citizens to prepare adequately.

Without information:
Public officials conduct the business of governing secretly and are prone to corruption and tyranny. You can be easily manipulated and oppressed. You will be unprepared in the event of a foreseeable national disaster.

What does the law say?

The right to information is a fundamental human right recognised under international and Zimbabwean law. It is protected in international law under Article 9 of the African Charter on Human and Peoples Rights and Article 19 of the Universal Declaration of Human Rights. The Zimbabwean Constitution guarantees that: No person shall be hindered in the enjoyment of his freedom of expression, that is to say, freedom to hold opinions and receive and impart ideas and information without interference, and freedom from interference with his correspondence. The Access to Information and Protection of Privacy Act (AIPPA), which became law in 2002, is supposed to provide members of the public with a right of access to records and information held by public bodies among other aims. However, in effect the Act focuses on controlling the media. In its current form, the law makes journalists work more difficult and imposes repressive restrictions on them. The law also imposes many constraints on accessing information held by government. Under AIPPA: The time limit for responding to requests for information is too long (30 days) and may be extended for much longer. Public bodies may charge a fee for information accessed. This fee may not be affordable to everyone. The person requesting the information must do so in writing and give details about themselves. Non-citizens and non-permanent residents, unlicensed broadcasters and unregistered media houses do not have this right. The regulating authority, the Media and Information Commission, is appointed by the Minister of Information in consultation with the President and is therefore not independent. Certain categories of information are protected from disclosure such as deliberations of Cabinet, Cabinet Sub-Committees and Local Government bodies. The head of a public body may decline to disclose information at their discretion if they think it fits into the numerous categories in the Act which are protected from disclosure of information. No country can be described as truly democratic in an environment where the publics access to information is so restricted. The lack of access to information allows

the Zimbabwean government to operate in an environment that encourages and protects secrecy. Real access to information encourages transparent and accountable government. The Media Monitoring Project Zimbabwe believes that AIPPA should be amended so it guarantees that: Access to information held by public bodies is fast, simple and free. Persons should only be required to pay for the cost of duplicating material. Journalists are not hindered in their work to enable them to access public information and disseminate it to the public as widely as possible. The information that government may refuse to disclose on the basis that it may negatively affect state security should be kept to a minimum.

We cannot all investigate how government is implementing policies and programmes or attend legislative debates and watch trials. The media have a duty to act as the eyes and ears of the nation, communicating information from and to the people. Press freedom guarantees the right to information where the media access public information and subsequently disseminate it widely to the public. The medias role is to: Express the publics views to government Seek information from public bodies of national interest and importance and present this to the public in a balanced, fair and accurate manner . Expose maladministration and corruption in public and private bodies To monitor the observance of human rights and expose their violation To provide information on elections, particularly on the fairness of electoral processes as well as who, how and what issues to vote for The State should ensure freedom of the press exists in order to allow the free flow of information.

The medias role in accessing information

Exercise the limited right to information that currently exists as fully as possible. Write to public bodies and ask them to provide you with the information on matters you want to know about. You may inquire from the National AIDS Council how money has been allocated in your area, to who and how you can make use of it. Join the campaign for a better freedom of information law. Tell the MP for your constituency what you need from a freedom of information law and how you would like the existing law changed.
The Media Monitoring Project (Zimbabwe) 15 Duthie Ave, Alexandra Park, Harare, Zimbabwe Phone/ Fax: 263-4-703702 Email: monitors@mmpz.org.zw Web: http://www.mmpz.org.zw

What can you do to claim your right to information?