By Agness Changala
The Access to Information (ATI) Bill Coalition has noted with concern that the ATI Bill has no protection for whistle blowers, who release information of public interest such as information on corruption.
And the Coalition has commended the Ministry of Information and Media for certain positive provisions in the Bill.
In a statement on the presentation of the ATI Bill in Parliament by information minister Cornelius Mweetwa last week, coalition chairperson Father Alex Muyebe stated that this is a missed opportunity for the government to further its fight against unlawful practices and to build a culture of open government.
“Finally there is no supremacy clause in the Bill or a procedure to declassify information that may be required by rights holders. Therefore, other pieces of legislation that deal with access to information may serve to unjustly restrict the public’s access to information that they may need to exercise their right or to hold the government accountable,” he said.
Fr. Muyebe stated that the ATI coalition invites the government to include such provisions, which can only help the present administration to demonstrate their dedication to democratic values.
He stated that the ATI coalition acknowledges the positive step that ATI Bill represents, and hopes that stakeholders views will be taken into serious consideration in coming up with the final document of what will constitute the ATI law in Zambia.
Fr. Muyebe further stated that the ATI Coalition is concerned that much needs to be done to make the Bill into the instrument that will bring the public a freedom of access to information that the people of Zambia deserve.
He stated that while acknowledging the positive elements and supporting the government’s efforts to enact the ATI Bill to give the people of Zambia this crucial piece of legislation, the coalition has noted elements in the Bill that are of concern.
He stated that section 21 which outlines general limitation on the right to access information states that if the information holder thinks it is within public interest, the holder may withhold information.
Fr. Muyebe observed that this provides an open door for information holders to restrict access to information that would otherwise need to be released based on a highly subjective test.
“Having no guidelines as to what public interest would mean in this circumstance, right holders would find it difficult to appeal against this restriction,” Fr. Muyebe stated.
On the positives, Fr. Muyebe stated that that section three which provides general principles governing the right to access information is progressive in that it gives the people of Zambia a right to have access to information in an expeditious and inexpensive manner.
“This provision requires information holder to proactively publish information. This will ensure that Zambian people will promptly be able to exercise their rights and that the poor will not be left out of enjoying the benefits,” Father Muyebe stated.
He stated that the Bill in section 18 gives a wide selection of options for the ways in which access will be open to the public.
He stated that the proactive publication of information by information holders is emphasized by section 3 (d), ensuring that information holders take the initiative to share information and hence building a culture of transparency in government.
The collation chairperson also stated that section 22 provides for disclosure of information in public interest even in if the information sought is restricted under any of the exception clauses in Part IV of the Bill.
“Section 22 gives freedom to the information holders to release the information nevertheless, if they judge that the disclosure of this information is within the public interest. This shows a dedication to accountability and transparency that is needed in an open and democratic society,” stated Fr. Muyebe.
