NAIROBI: I don't know how many people were surprised a few weeks ago when it was reported in the media that the Rwandan Government had been rated the 7th most efficient in the world.
Against the expectations of naysayers and to the chagrin of many, Rwanda, that tiny Central African Republic covering an area of 26,338 square kilometres and with a population of less than 12 million people, beat much-admired countries like Malaysia, Switzerland and Luxembourg (ranked 8th, 9th and 10th respectively).
I say to the chagrin of many because Rwanda is one of those countries with a paradoxical reputation. While it may be true that the current campaign to keep Kagame in power does not go down well with many observers, myself included, the country has consistently received high ratings on issues such as fighting corruption, inclusion of vulnerable groups in governance (with women forming an impressive 62 per cent of its Parliament) and public participation in development projects.
One of the reasons given for this great achievement was, according to the CEO of the Rwanda Governance Board (a woman!) that much effort has been put into promoting transparency and accountability in the government machinery, apart from the fact that there is meaningful public participation in Rwanda on how public resources are allocated-positive lessons that Kenya would do well to learn from her tiny neighbour!
The drafters of the 2010 Constitution, well conversant with this important aspect, made a provision in it that would protect the right to information with regard to information held by either the State or by another party that may be necessary to one's exercise or protection of 'any right or fundamental freedom'. Article 35 of our Constitution goes ahead to obligate the State to publish and publicise any important information affecting the nation.
While it may be argued that the Fifth Schedule to the Constitution does not specifically single out Article 35 legislation and give it priority to ensure its expeditious enactment, it is my contention that the time for enacting this important piece of legislation is now and not a day later. Why would I term Article 35 legislation so important as to be given priority and be formulated within the first five (5) of the promulgation of the Constitution? The reasons for this are manifold: First and foremost, the right to access information (otherwise also known as freedom of information) is considered a cornerstone not only in its own right, but also for a functioning democracy. It is actually foundational and a prerequisite to effective public participation.
Without having the rightful information, members of the public cannot effectively engage on issues of public interest. It is access to necessary information that can make the citizenry hold the government accountable on issues of planning, budgetary allocations, expenditure and the like.
An example of how the right to access to information is also basic for the protection of other human rights is the case where a citizen requires health services from a local dispensary, unless (s) he has information on how much was allocated to that facility by the government and what services she can access freely and those which (s)he is required to pay for, then (s)he may not be able to access the requisite treatment or hold any negligent medical staff accountable where her/his right is violated.
Access to information is pivotal in not only protecting human rights, but also revealing violations. It obligates the State to maintain proper records in matters of public interest which should be accessible to the public and in appropriate formats. In conclusion, it is important to note that the right to access information is not unique to our Constitution, but long found expression in many international and regional human rights instruments. Indeed, the African Charter on Human and Peoples' Rights contains obligations on freedom of information to which Kenya is bound by virtue of Art 2 (6) of our Constitution.
African States should emulate the model law by enacting and implementing similar legislation in their backyards.
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