Africa Freedom of Information Centre (AFIC) welcomes and deeply appreciates both the African Union and the European Union upon the approval of the Mandate and Terms of Reference of the AU-EU Joint CSOs Steering Committee on the AU-EU Partnership on Human Rights and Democratic Governance.
The approval was done during the 12th African Union (AU) - European Union (EU) Human Rights Dialogue that took place on 10 January 2017 in Brussels, Belgium. The Dialogue was led by Dr Aisha Laraba Abdullahi, AU Commissioner for Political Affairs, and Mr Stavros Lambrinidis, the EU Special Representative for Human Rights. The AU participants included Hon. Justice Sylvain ORE, President of the AfCHPR; Hon Prof Benyam Dawit Mezmur, Chairperson the ACERWC, Hon. Maya Sahli-Fadel, Commissioner of the ACHPR; Mr. Omar Farouq, ECOSOCC as well as staff from the AUC and other AU organs. On the EU side the participants included Amb. Mara Marinaki, EEAS Principal Advisor on Gender and on Implementation of UNSC Resolution 1325 Women, Peace and Security; Ms. Birgitte Markussen, Deputy Managing Director Africa, EEAS, as well as EU staff working on human rights-related issues.
The AU-EU Joint CSO Steering Committee provides an important space and mechanism for participation and influence of both institutions on human rights and democratic governance. The first seminar of the AU-EU Civil Society Seminar on Human Rights and Democratic Governance was in 2009. During the seminars the AU-EU Human Rights Dialogue Civil Society the representatives of African and European CSOs met to debate on the human rights issues present on the African and European continent and to find solutions. The Seminars were organized in Steering Committee who are independent from the AU-EU institutions. In 2009, the human rights challenges which were addressed are freedom of association and torture. In 2010, they were women, peace and security as well as migrant's rights. In 2011, right to housing and elections were discussed. In 2013, freedom of association human rights and land issues as well as security and human rights and the domestic workers Convention. In 2015, the seminar was focused on freedom of expression. During the Seminar discussions, recommendations are presented which are conferred to the AU-EU human rights dialogue.
In approving the Mandate and Terms of Reference of the AU-EU Joint CSOs Steering Committee, the African Union and European Union are making an important step towards realizing a true partnership of citizens of Africa and Europe rather than a partnership of African and European institutions.
Commenting on this development, AFIC’s Head of Secretariat, Gilbert Sendugwa observed that,
“…a proper mandate of CSO Steering Committee guarantees their ability to comment and advise institutions on the situation of human rights and democracy in Africa and Europe which is a step in the right direction”.
AFIC being a member of the Joint Steering Committee recognizes the need for a proper mandate approved by both AU and EU.
On 26th March 2017, the Pan-African Conference on Freedom of Expression (FoE) and Access to Information (ATI) in Africa adopted the Kampala Declaration of Pan-African Conference on Freedom of Expression and Access to Information. The declaration calls upon the African Union, European Union and African governments among other stakeholders to take measures to advance freedom of expression and access to information in Africa.
The two-day conference was co-hosted in Kampala, Uganda by the Africa Freedom of Information Centre (AFIC) and the Government of Ugandaunder the auspices of the Joint Africa-EU Strategy (Partnership) with support from the European Union. It drew over 50 civil society leaders from 29 African countries who over the two days discussed the status of freedom of expression and citizens’ right of access to information in Africa. Both rights are protected by the African Charter on Human and Peoples’ Rights and recognized the Sustainable Development Goals (SDGs). This meeting was birthed in November 2015 in Kigali, Rwanda during the EU-AU Human Rights Dialoguewhich adopted recommendation of the Civil Society Seminar on the Subject.
At the conference, participants focused on reviewing the state of FoE and ATI in Africa as well as exploring the changing legal and regulating framework of internet, the promotion of FoE and media to support democratic governance and the protection of Journalists and challenges faced by women advocating for FoE in Africa.
Mr. Jean Louis Ville DEVCO Director for Development and Migration noted that today’s threats to FoE often know no boundaries and that the Freedom of expression is in decline in most parts of the world –a trend that is also agreed by all major watchdog organizations such as Reporters without borders and Freedom House. , etc.
Hon. Aidah Nantaba, Uganda’s Minister of Information, Communication, Technology & National Guidance called one African countries to expedite the adoption and effective implementation of citizens access to information laws. She observed,
“…as Africa, we can still do better! Almost seven decades after the Universal Declaration on Human Rights, and almost three decades after adopting the African Charter on Peoples and Human rights, some parts of the continent have not attained the envisaged level of freedoms of expression and access to information”
The minister thus called on governments to scale up efforts to aggressively take legislative and other measures to promote the right to information and freedom of expression.
To stress the importance of freedom of expression, European External Action Services’ Luigia Di Gisi concluded that without freedom of expression and freedom of media, an informed, active and engaged citizenry is impossible.
Participants noted that there is a diversity of contexts in the legal and regulating frameworks of internet in Africa. Majority of African countries do not have legislation on internet, only 16 countries have Data Protection Laws, 14 have Data Protection Bills that are being discussed and the others have not even a thought to start the process yet.
As a whole Civil Society Organizations in Africa promoting FoE and ATI are mostly concerned about the threats, harassment, intimidation, physical violence and even killings of journalists while carrying out their work which are neither investigated nor perpetrators punished. The continued violation of the rights of human rights defenders in the various sub-regions of Africa, in their efforts to promote and protect universal right to freedom of expression was also noted as a major concern.
The Kampala Declaration provides an important advocacy document with which to engage with States, Inter-Governmental bodies, CSOs and media on the promotion of freedom expression and access to information in Africa.
Kampala March 12, 2017
Under the auspices of the African Union (AU)-European Union (EU) Partnership, Africa Freedom of Information Centre (AFIC) will host a major Pan-African Conference on Freedom of Expression in Africa.
The conference will be held from March 25-26, 2017 at the Commonwealth Speke Resort, Munyonyo and will be attended by over 50 experts and advocates of freedom of expression from across African continent. The conference will be opened by senior officials from the African Union Commission, European Union, the African Commission on Human and Peoples’ Rights and Government of Uganda.
Commenting on the event, Gilbert Sendugwa, AFIC’s Executive Director and member of the Joint AU-EU CSO Steering Committee on the partnership on human rights and democratic governance noted,
“this conference represents one of the key actions to implement the AU-EU Roadmap approved by the Heads of State Summit in April 2014”.
He added that where there has been notable progress, in many African countries the situation of freedom of expression has taken a deep regress. Arrest and intimidation of journalists, closure of media houses, and internet shutdowns among other violations have been common.
During the 12th Human Rights Dialogue of the African Union and European Union held on November 24, 2015 in Kigali, Rwanda both parties endorsed civil society recommendation to hold a Pan African Conference at which the situation of freedom of expression would be discussed.
In a statement in Mogadishu, Mr. Omar Faruk Osman chairperson of the CSO Steering Committee observed that unlike other professions, journalists are killed for doing their work. Journalists need a safe environment in which they can hold power to account without retribution. This cannot be achieved without addressing impunity of crimes against journalists. He added.
Over the past few years, the African Union and the global community at large have prioritized and adopted measures to ensure a protective environment for freedom of expression practitioners. This conference will discuss ways to bridge the gap between freedom of expression policy and practice in Africa.
Africa Freedom of Information Centre (AFIC) in partnership with the Open Contracting Partnership and Hivos are pleased to present the Open Contracting in Uganda: A Scoping Study. This report presents the state of (1) disclosure of open data, documents, and information about the planning, procurement, and management of public contracts; (2) participation and use of contracting data by non-state actors; and (3) accountability and redress by government agencies or contractors acting on the feedback that they receive from civil society and companies.
The study aimed to:
i. Document current levels of openness in public contracting in target systems;
ii. Map key stakeholders and their capacities and enthusiasm for advancing open contracting; and
iii. Develop of recommendations on realistic targets and use cases for open contracting moving forward.
This study found that Uganda promotes open contracting as reflected in the legal and policy environment, infrastructure, and human resource initiatives. Within the top leadership, there was political willingness to promote open contracting. However, this willingness has yet to translate into total commitment and action. It also found that there is competence to implement open contracting initiatives especially around proactive disclosure of contract information since the launch of the procurement portal. Public participation needs to be enhanced.
The overall finding of this assessment is that Uganda has the potential to implement open contracting initiatives, considering that large quantities of contracting data are proactively disclosed through the government procurement portal. Issues regarding existing policy, data capacity, and civic engagement should be urgently addressed to institutionalize open contracting. Goals should be aimed at achieving early success and gaining demonstrable benefits with respect to improving service delivery, and the government should strive to build a sound foundation for sustainability over the long term.
A number of recommendations were made, including having the government, particularly at the top executive level, fully commit to open contracting; tasking a government body like the Public Procurement and Disposal of Public Assets Authority (PPDA) to champion open contracting; and creating awareness among public officers, citizens, and the private sector on the benefits of open contracting. Commitment from the top executive level will pave the way for more opportunities for open contracting in the private and public sectors.
On the whole, it was noted that although the Government of Uganda is implementing a number of initiatives on open contracting, there is lack of effective coordination and direction. Thus, it is important to establish leadership to champion open contracting in a structured and coordinated manner.
Open Contracting Initiative in Uganda reflect trends of improvement in the public disclosure process.
In every country, nearly everyone will know or have experienced a contract which has either not been executed properly or citizens have lost money due to collusion, corruption, delays, cost escalation or conflicts. Open contracting seeks to promote value for money in public contracting through citizens’ access to information and participation through monitoring of contracts.
A recent scoping study on Open Contracting in Uganda conducted by AFIC with the support of Hivos shows that the country has a robust legal and institutional environment enabling the implementation of open contracting initiatives. A set of legislative instruments provide a substantial framework in regard to a public disclosure which is an absolute pre-requisite to transparency and accountability throughout the procurement cycle. The Government of Uganda and its leadership has committed to prioritising this issue as a means to reduce mismanagement, waste, corruption and to enhance value for money in public contracts and services.
President Museveni recently declared his current term of his presidency “Hakuna Muchezo”- no jokes in reference to his determination to ensure government projects deliver to citizens’ expectations while at the same time addressing corruption. A number of government institutions like Ministry of Finance, Public Procurement and Disposal of Public Assets (PPDA), Ministry of Local Government, Directorate of Ethics and Integrity, and Office of the Prime Minister have embraced important elements of open contracting through proactive disclosure procurement information and openly speaking in favour of open contracts.
PPDA in particular, has taken major step towards open contracting by prioritising promotion of citizen monitoring of public contracts and establishing the Government Procurement Portal (GPP) where agencies publish procurement and disposal of public assets information. This is consistent with Articles 38 and 41 of the Constitution which guarantee citizens right to information and participation respectively. Inspite of a strong legal and policy environment that provides for obligations and guarantees regarding citizen access to information and public disclosure of data procurement, Global Integrity findings for Uganda in 2015 reveals gaps between commitment and implementation, rating both rights effectiveness at 25 over 100 in the practice. This is partly because emphasis has been placed on transparency by and not as much on stimulating authentic participation.
The Open Contracting Partnership (OCP) has developed important tools and methodologies to strengthen multi-stakeholder engagement to resolve common challenges in a constructive manner. The Open ContractingGlobal Principles in particular, provides framework for a positive policy and legal environment for open contracting. On the other hand, theOpen Contracting Data Standard (OCDS) provides guidance what data exists at different stages of the contracting process how this data should be published.
AFIC and its members in collaboration with OCP promote open contracting initiatives in Africa. The focus has been on advocating for an appropriate policy environment, research, capacity building and building alliances between the demand and supply sides of open contracting. Consequently African countries such as Ghana, Kenya, Tanzania, Corte d’Ivoire, Sierra Leone and Tunisia have through respective Open Government Partnership National Action Plans or anticorruption Summit declarations committed to implement open contracting. This is tremendous progress as compared to the year 2015 when no African country had an open contracting commitment.
In Uganda, AFIC engaged several procuring entities in regard to the compliance with their disclosure obligations. It has signed Memorandum of Understanding (MoUs) with three district local governments and with PPDA to strengthen access to public information and enable citizens to monitor public expenditures and services. AFIC has also trained public servants and CSOs on ATI to enhance the implementation of the legal framework and promote citizens demand for information and accountability health, education, agriculture and social protection. These efforts address challenges earlier experienced with access to contract information as well as poor functioning of social services.
In September 2016, AFIC engaged PPDA on the need to strengthen open contracting by aligning GPP to OCDS. This was in follow-up to AFIC’s preliminary mapping of GPP which found a number of positive areas but also gaps such as missing data, inconsistence of data secured from GPP and directly from procurement entities and lack of unique identifier for the whole procurement process for individual contracts.
In a later communication from PPDA Compliance Manager, it was confirmed that these recommendations were being addressed. It was then agreed that AFIC undertakes a full mapping of GPP based on OCDS and provide a comprehensive report for discussion and action. During discussions with PPDA Director Capacity Building & Advisory Services, Mr Moses Ojambo it was agreed that collaboration on training community monitors could be explored since PPDA has guidelines and expertise on procurement laws and regulations while AFIC and its partners have a network of community monitors in districts.
Moreover in the Strategy and Roadmap for the Implementation of e-Government Procurement in Uganda, 2014, the Government of Uganda has identified e-procurement as an essential element in e-transactions, having a role both in accelerating the transition of the Ugandan economy to an information society; and contributing to the attainment of the Government objective of modernizing the public service through the development of new, innovative and more efficient procurement processes. Government objective of modernising the public service through the development of new, innovative and more efficient procurement processes shows an evolution towards the possibility to introduce OCDS into the e-procurement framework and the advantage that citizens and other stakeholders could draw from such initiative.
These efforts and commitments by Uganda illustrate a trend for improvement on open contracting and provide for new opportunities to strengthen the public disclosure process. If these initiatives and commitments were to be fully implemented, it would result in a significant progress towards better procurement outcomes and services.
Open contracting does not limit itself to improve public disclosure but extends to public participation and engagement as well as holding entities accountable. It relies on a constructive environment between government, private sector and civil society to ensure that there is trust amongst them. These efforts will increase performance and value for money in public procurement. PPDA has made significant commitments to its current strategic plan to "promote civil society monitoring of contracts" and has signed a Memorandum of Understanding with Uganda Contracts Monitoring Coalition (UCMC) in this regard.
In order to foster such partnerships, public participation mechanisms in public affairs also need to be strengthened. For instance, internal and external institutional oversights should be more inclusive such as to favour exchange of information with the public. Another type of partnership could be induced in a consultative instance such as Baraza. This initiative offers opportunities for citizens and government to exchange information, identify public issues and remedies.
In December 2016, AFIC and other stakeholders will share their various experiences on open contracting and discuss ways in which disclosure and participation in public contracting could be improved. Participants will be introduced to and oriented to Open Contracting data Standards and experiences in their applications with a view of development of strategies to boost open contracting in Uganda.
The Uganda Bureau of StatisticsAct 1998; the Public Procurement and Disposal of Pubic Assets Act 2003; the National Information Technology Authority Act of 2009; Local Government Act 2010; Access to Information Act in 2005; and its related Access to Information Regulation in 2011.
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