Government ought to be all outside and no inside - The case of Tanzania

When information which properly belongs to the public is systematically withheld by those in power, the people soon become ignorant of their own affairs, distrustful of those who manage them, and - eventually - incapable of determining their own destinies. Although in many countries recognize the right of citizens to access and use information, this right is often not implemented.

Access to information is the basis for transparency and accountability both in government activities and in donor projects. Tanzania is one example, where access to information and accountability leaves much room for improvement.

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Access to Information in Tanzania: Hurdles and Odds

Since 1998 access to information and the right to disseminate information are guaranteed by Article 18 of the Constitution of United Republic of Tanzania:

“Without prejudice to expression the laws of the land, every person has the right to freedom of opinion and expression, and to seek, receive and impart or disseminate information and ideas through any media regardless of national frontiers, and also has the right of freedom from interference with his communications. Every citizen has the right to be informed at all times of various events in the country and in the world at large which are of importance to the lives and activities of the people and also of issues of importance to society”(URT, 1998 ). 

The Story of the Tanzanian Freedom of Information bill

In 2006 President Jakaya Kikwete announced that a collection of media laws and the government published a draft of the Freedom of Information Bill that was to be presented in parliamentary session in 2007. The Bill was heavily criticized by academics, media owners, and civil society activists because of its restrictive clauses and limitations of press freedoms.

According to the Coalition of stakeholders led by the Media Council of Tanzania (MTC) this draft bill did not increase, but restrict the right to information. In response to this bill the Coalition of stakeholders presented an alternative draft bill and submitted it to the government in August 2007, with copies distributed to all members of Parliament and the cabinet, various government institutions and agencies as well as non-state actors deemed interested in this particular issue.

The proposed alternative bill considered broader national interests including the need for a transparent framework in which a normal citizen can demand for the right to particular pieces of information held in government offices. To date the Right to Information Bill is yet to be passed by the Parliament. Several government ministers have even questioned the need for such a bill, since they don’t see a demand from citizen to access information to warrant an information access law. Until today, citizens in Tanzania have no legal right to access government information, let alone to appeal if information is withheld.

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Tanzania is not faring well in the global surveys on access to information and transparency

Given the cumbersome legal process in Tanzania, it is not surprising that this countries scores low in international surveys on governance and accountability. In the Global Integrity Survey 2007 reached an overall 60 % in different governance areas to enhance integrity. In the category one of this survey, Civil Society, Public Access to Information and Media the score was only 53%. Public Access to Information score was evaluated very weak with only 10% of the possible score.

Insufficient governance structures are reflected by insufficient public information on government spending. According to the Open Budget Initiative the government of Tanzania provides its citizens only with minimal information on the central government’s budget and financial activities during the course of the budget year 2008. Lack of budget transparency invites improper and wasteful spending, prevents the citizens from holding its government to account and decreases the impact of anti-poverty initiatives.

The results of intransparency

Given the insufficient governance structures, corruption is a common and even growing problem in Tanzania. According to the Transparency International Corruption Perception Index, Tanzania scores were 3.2, 3.0 and 2.6 in 2007, 2008 and 2009 respectively. Anti-Corruption measures and transparency in Tanzania are also rated by the Freedom House Survey 2010. Again, the results are discouraging: Tanzania scored a disappointing 3.29 out of 7.

A lot is being desired from the government to respond to the global call to open up data and information and put transparency and information access laws and mechanism in place for people to participate, inquiry, criticise and applause where appropriate. Such a law should specify how information should be accessible: what type of information, its quality and quantity, the means of publication and time limits within which government institutions should react to information requests.