Another way in Nigeria? The Pursuit of Peace Across the Religious Divide

In its fifty one years of independence Nigeria has developed a reputation for entrepreneurship, great economic potential and being the home of internet scams.  More tragically, it is also seen as a place prone internal division, civil war, coups and political violence.

Unfortunately for Nigeria a reputation for armed conflict has been largely deserved. In April and May the county was rocked by violence when the electorate went to the polls. When the southern President Goodluck Jonathan was declared the winner many supporters of the northern challenger, Muhammadu Buharinow, suspected foul play and took to the streets in violent protests. In the ensuing violence hundreds were killed and thousands more displaced.

Last month the terrorist activities of Boko Haram in northern Nigeria are making the international headlines. Boko Haram aims to establish an Islamic government in Nigeria. It has carried out a number of attacks in the country including an attack on the national police station in Abuja and a drive by shooting on a beer hall in the town of Maiduguri. On Wednesday city authorities in Abuja were forced to impose a curfew in order to curb the activities of the extremist sect.

Attacks have been primarily carried out in the north- eastern states

In a society as divided as Nigeria is there any hope of creating lasting peace and a united nation? Can heterogeneous societies unite? Well yes. Peaceful nations can be built out of disparate groups. This is what the Nobel Laureate Amartya Sen argued in an address to The Commonwealth Secretariat in London.

 “The engagement through which we unite very often takes place through not emphasising where we differ but where we agree” Sen says.

In an article called “Peace and Democratic Society” Professor Sen identifies the importance of shared human identities and civil approaches for conflict resolution and prevention. He uses the example of Bangladesh, a fellow member of the Commonwealth.

Bangladesh is a secular country borne out of the violent division of the old British ruled India into India and Pakistan and then into the modern states of Bangladesh, India and Pakistan. Nonetheless, since gaining independence it has remained largely free from conflict. Sen argues that Bangladesh has been able to stay united by not discussing the differences between Buddhists, Hindus and Muslims but by emphasising things that all three groups in common (such as the Bengali language).

Sen goes on to add that dividing the world into civilisations based on religious beliefs leads to situations where people are not connected on the basis of anything shared, but are instead defined by their differences. Such a division, he argues, leads to tension between the differing states.

If the Boko Haram were to break away from Nigeria and form a state along Islamic lines would this cause a decline in violence? Or, following the argument of Sen, would it just turn an internal conflict into an international one as suspicion between a Nigerian Christian rump state and its new Islamic neighbour spills back over into war? Certainly where partition has taken place in the Africa in the past there has been, at best, a mixed record. Relations between Ethiopia and Eritrea have been relatively cordial since their split in the nineties but the independence of South Sudan from the north is fraught with difficulties. Just last week the UN had to vote to supply peacekeepers for Abyei in order to bring about a stand down from the two opposing forces disputing the border town.

I think, on balance, genuine peace does have a chance in Nigeria if basic grievances are taken care of. People must be given a reason to have faith in the electoral process, must receive a fair share of the nation’s wealth and be moved above the poverty line. I also agree with the sentiments of Sen, national dialogue is important. Nigeria needs to find a common ground. This may not be religion or language, but there are always common threads that can unite a nation. As a county widely tipped to overtake South Africa as the continents biggest economy by 2025, perhaps the pure industry of the people can be a uniting force?

Henry Wilkinson, CHRI Africa

African Commonwealth Human Rights Weekly Update (18/06 - 01/07/2011)

The Gambia

Wednesday 29/06: Bloggers demand to know the fate of Chief Manneh

A number of foreign bloggers including those at Gambian Affairs are demanding to know about the fate of the Chief Manneh, a Daily Observer journalist who was last seen nearly five years ago on the 6 July 2006. Manneh was picked up by plain clothes Gambian security personnel from his office.

Journalists are regularly beaten, harassed and arrested for publishing articles that are critical of President Jammeh. Earlier in June Dr Amadou Scattered Janneh, a former Minister of Information and Communication, was charged with treason for allegedly distributing anti-Jammeh materials which demanded an end to the authoritarian rule of the president.

The case of Manneh has received much international attention. Senator Richard Durbin brought it to the attention of the US Senate in July 2008 whilst Amnesty International considers Manneh to be a prisoner of conscience and have been calling for his immediate release.

An ECOWAS court in 2008 ruled that Manneh should be released and that the Gambian authorities compensate him $100,000. Over three years on Gambia has yet to comply with these demands.

Nigeria

Wednesday 29/06: Night curfew in Abuja after Boko Haram Attacks

Nigeria’s capital is under a curfew in the wake of attacks by the bombings carried out by the Boko Haram. The city's administration said that parks and gardens that admit children should close at six p.m. whilst night clubs, beer halls, snooker clubs and cinemas should close by 10 p.m. The city also banned parking of vehicles on roads where most government offices are located.

Boko Haram is an organisation aims to establish an Islamic government in Nigeria. In the last few weeks it has carried out a number of bombings in northern Nigeria including a deadly an attack on the national police station in Abuja.

Commenting on The Boko Haram, General Ihejirika said, "Several unpatriotic Nigerians are aiding and abetting Boko Haram. That is why they thrive. Their aim is to intimidate people into exposing them. That is why they operate the way they do". (source AllAfrica.com)

Swaziland

Tuesday 28/06: No Bail out yet for Swaziland

South Africa denied reports on that it had approved a $1.2 billion bailout loan for Swaziland. CHRI has long being following events in the country and sent an official statement to the Commonwealth Secretariat in May about the country’s handling of protests.

Commenting on the speculated bailout the South African Treasury said: “While the South African government is in receipt of a loan request from Swaziland, as confirmed last week, no loan has been agreed to or granted to Swaziland” (Source Reuters)  

LGBT Situation in Kenya

Last week The UN passed a resolution on Human Rights, Sexual Orientation and Gender Identity. The resolution was adopted by a vote of 23 in favour, 19 against, and 3 abstentions. It requests that the High Commissioner should establish a committee to document discriminatory laws and acts of violence against individuals based on their sexual orientation and gender identity.

The Commission will be active in all regions of the world, including Cameroon, Ghana, Nigeria and Uganda who all actively voted against its formation. The Commission will report on how international human rights law can be used to end violence and related human rights violations based on sexual orientation and gender identity.

In addition the UN will convene a panel discussion during the nineteenth session of the Human Rights Council which will pick over the commission’s findings and suggest follow on recommendations to the High Commissioner.

In the meantime here is CHRI’s assessment of the LGBT situation in Kenya.

Kenya

Law that Criminalises Homosexuality Penal Code of the Laws of Kenya, Rev. 2009[1] Under section 162 it is an offence to have carnal knowledge of any person against the order of nature or of an animal; or to permit a male person to have carnal knowledge of him or her against the order of nature.  Whoever commits this felony is liable to imprisonment for fourteen years, or in the case that said carnal knowledge was without the consent of the person, or with consent obtained by force, intimidation or false representations, imprisonment for twenty one years. Under section 163 it is an offence to attempt to commit any of the offences specified in section 162, whoever commits this felony is liable to imprisonment for seven years. Under section 165 it is an offence for any male, whether in public or private, to commit any act of gross indecency with another male person, or to procure or attempt to procure another male person to commit any act of gross indecency with him.  This felony is liable to imprisonment for five years. Under the Sexual Offences Act of 2006, section 3 criminalises rape by a woman or man who intentionally and unlawfully commits an act which causes penetration with his or her genital organs; and the person does not consent to this penetration, or the consent is obtained by force or intimidation.  Whoever is guilty of this felony is liable to imprisonment from ten years to life.

Practical Consequences of the law In February 2010 police crashed a ‘gay wedding’ and arrested five men.[2] GALCK – Gay and Lesbian Coalition of Kenya is a group which seeks to promote recognition, acceptance and defend the interests and rights of LGBTI organizations and their members including their health rights. http://galck.org/

Constitutional Clause on Equality or Right to Privacy Constitution of Kenya, 2010[3] Article 27 guarantees equality before the law, where equality includes the full and equal enjoyment of all rights and fundamental freedoms.  It also guarantees the right to equal protection and equal benefit of the law.  Neither the State nor a person shall discriminate directly or indirectly against any person on any ground, including race, sex, pregnancy, marital status, health status, ethnic or social origin, colour, age, disability, religion, conscience, belief, culture, dress, language or birth. Article 24. expands upon limitations to the rights and freedoms of the constitution and affirms that right or fundamental freedom in the Bill of Rights shall not be limited except by law, and then only to the extent that the limitation is reasonable and justifiable in an open and democratic society based on human dignity, equality and freedom, taking into account all relevant factors, including the nature of the right or fundamental freedom; the importance of the purpose of the limitation; the nature and extent of the limitation; and the need to ensure that the enjoyment of rights and fundamental freedoms by any individual does not prejudice the rights and fundamental freedoms of others. Article 28 guarantees the innate and inherent dignity of every person and the right to have that dignity respected. Article 31 guarantees to every person the right to privacy including having their family or private affairs unnecessarily revealed or the privacy of their communications infringed.

A Step Forward for Nigeria, a Standstill for Ghana

Sad to say, but Ghana will have to take a backseat to Nigeria on progressive legislation. Late last month marked a significant date on the Nigerian democratic calendar. After collaborative efforts on behalf of the Media Rights Agenda, Open Society Justice Initiative, Right to Know Movement, Nigeria, and OSIWA, Nigeria’s President Goodluck Jonathan passed the Freedom of Information Bill into law.

This road to freedom of information was not an easy one. In 1999 the FOI Bill was presented to Nigeria’s fourth National Assembly; however there was little development for several years. In 2003 the bill was again presented to Nigeria’s fifth National Assembly, and by 2007 was signed by both Chambers. This seeming progression, however, revealed itself to be a chimera when President Olusegun Obasanjo rejected the bill, stating that it would be a threat to national security. Nevertheless, after over eleven years of steadfast persistence, on 28 May 2011, Nigeria marked itself as the sixteenth member of the Commonwealth, and the seventh country of Africa, to have passed a law granting a right to information.

So what does this development mean for the country of Nigeria? By granting a right to information, people have the right to access, and public institutions must proactively disclose, government-held public records and information that was hitherto considered confidential, and therefore kept away from public scrutiny. People can access information from departments of the government, corporations, and companies in which government has a controlling interest.

                                              President Goodluck Jonathan who passed Nigeria's FOI Bill
With this law, private companies utilizing public funds, providing public services or performing public functions are open to public scrutiny. Right to information grants insight into goals and decisions of the government, allowing for more informed decisions by the public; thus reinforcing a true democratic society. This means that traditionally closed governments and reluctant bureaucrats will have to fundamentally change their ways of working. Openness and not secrecy will have to reign. Bringing this change about is the greatest challenge now before the nation.

The Bill also provides protection to whistleblowers, ensuring immunity of any person disclosing malfeasance by their employers. This is particularly important as a great many powerful people, in long term, cozy relationships with each other, will find their questionable benefits under threat from disclosure.

Coming after so long, it is almost churlish to point out some of the law’s infirmities, but a glaring one is the absence of an Information Commission. The Information Commission works to oversee the implementation of the law and adjudicate cases of complaints and appeals when people do not receive information or are aggrieved by the decisions of the public institutions. Instead, the law requires someone who has been refused information to go to high court or the Federal Court. This expensive, time-consuming process is by no means possible for the majority of people.

Even as Nigeria has enacted a freedom of information law, Ghana still lags behind. After six long years Ghana’s first Bill, drafted in 2003, was finally approved by the Cabinet – thus allowing it to be presented before Parliament. However, despite the seeming progression, Parliament claimed it had never received the Bill. As of 2009 a startling sense of déjà vu was sensed as the bill was once again approved by Ghana’s Cabinet and presented to Parliament for consideration, this time successfully.

For the moment Ghana’s FOI bill lies stagnant in Parliament, and Ghanaian citizens are far from placid. On 28 January 2010 Accra was flooded with approximately 500 people, all demonstrating a united desire to see the FOI bill passed by Parliament. Headed by Mr. Seth Ablorsu, an executive member of the Trade Union Congress, and Nana Oye Lithur, a Human Rights activist, the demonstrators identified themselves as “Coalition on the Right to Information”.

As it stands, Ghana’s draft Bill contains many critical deficits that could render superficial citizen’s right to know. For instance, the staggering list of items restricted from public enquiry (as many as 53) severely limits information available for scrutiny. For example, according to section 5 (1), “Information is exempt if it is for submission or has been submitted to the Office of the President or the Vice-President”. The Bill goes on to exclude information pertaining to the Cabinet or Armed Forces. By restricting access to presidential deliberations, Ghanaians are unable to make informed decisions about their political leaders. Moreover, without enforced transparency it makes it difficult to unveil potential political corruption.

The unduly long time-period within which information can be made available is another matter of concern. After a request is made asking for a particular bit of information, the information officer can take up to 21 days simply to decide whether the information may be released – something that could be achieved in one day. Moreover, after the decision as to how much information can be released, it can take an additional fourteen days to deliver it.

The Ghanaian Bill also suffers the same deficiency as the Nigerian one in not having an Information Commission.

All in all, Ghana seems to be two steps behind Nigeria when it comes to a right to information. The sluggish manner in which Parliament seems to be processing the FOI Bill is a matter of unrest for many Ghanaians. If it is going to catch up, Parliament will need to let go of its lethargy, consult openly with, and listen to, a wide public, and significantly improve the pending law. The solidarity and support of various organizations as well as public demonstrations is an important step in achieving a right to know. Ghanaians are creating a loud message for their desire for human rights, and it is high time for Parliament to step up, listen and learn from their neighbours.

Chanté Blais, Canadian intern for the Commonwealth Human Rights Initiative in Delhi.

Aricle also published in The Chronicle, Friday 10th of June 2011. See http://www.ghanaweb.com/GhanaHomePage/NewsArchive/artikel.php?ID=210593&comment=0#com

African Commonwealth Human Rights Weekly Update (11/06 - 17/06/2011)

Kenya

10/06/2011 – Humanitarian emergency as world’s biggest refugee camp runs out of room

Dadaab, a sprawling refugee camp in Kenya, has run out of space, Medicines Sans Frontiers has declared. Situated in the barren desert of Kenya’s north-eastern province, the camp’s population is expected to reach 450,000 by the end of the year.

Three years ago, the UN declared that the camp had no more room for new arrivals, but conflict and the worst drought in years have forced 44,000 Somalis to seek admittance into Dadaab since the beginning of this year.

The refugees – most of whom are women and children – arrive with no money, no food, no water and no shelter. 60% report illness on arrival, having walked through the desert for days. They are left without food or shelter in dry heat of 50C and are said to be vulnerable to attack by animals.

‘More refugees are on their way,’ Nenna Arnold, an MSF nurse, said. ‘We are already at bursting point, but the figures keep growing. This situation is a humanitarian emergency.’

Nigeria

17/06/2011 – Radical Islamist sect claims responsibility for suicide bombing

A radical Islamist sect has claimed responsibility for Nigeria's first suicide bombing, saying the attack that killed two at Abuja's police headquarters was aimed at Nigeria’s police chief.

The group, Boko Haram, stated ‘We are responsible for the bomb attack on the police headquarters in Abuja which was to prove a point to all those who doubt our capability.’

The group had threatened ‘fiercer’ attacks the day before the bombings, declaring their anger at a police declaration that its days were ‘numbered.’

Thursday’s powerful explosion ripped through the car park inside the police headquarters compound, killing a police officer and the bomber, wounding several others and destroying dozens of cars, according to police. The death toll is still to be confirmed.

The event was the first suicide bombing in Nigeria, a country of 150 million people facing a growing threat from Islamic militants. Levels of insecurity are already high in the country only weeks after President Goodwill Jonathan's election late April for his first full term.

Boko Haram, whose name means ‘Western education is sin’, launched an uprising in 2009 which was brutally repressed by the military, leaving hundreds dead. The group advocate for the creation of an Islamic state, and have been blamed for shootings of police and community leaders, bomb blasts and raids on churches, police stations and a prison.

Rwanda

16/06/2011 – Rwandan Parliament admitted to CPA

The Rwandan Parliament were officially admitted as the Commonwealth Parliamentary Association’s 19^th member. Rwanda is hosting the 42^nd African CPA annual conference under the theme ‘Consolidation Growth and Development.’

Sessions will include issues of food security and sustainable livelihood, and the role of Parliament in mitigating the impact of genetically modified crops on poverty and food security. The agenda also covers the role of Parliaments in promoting democracy and good governance.

Uganda

16/06/2011 - Uganda's former vice president charged with fraud

Former vice-president Gilbert Bukenya has been charged with fraud.

He is accused of being responsible for the fraudulent procurement of luxury cars, which provided the transport for several heads of state during the 2007 Commonwealth Heads of Government Meeting (CHOGM) in Kampala.

Mr Bukenya chaired the cabinet team in charge of preparations for the event but denies that he benefited from the $3.9m deal.

The former vice president was sacked in May, as part of a reshuffle in the wake of February's elections.

African Commonwealth Human Rights Weekly Update (28/06 - 03/06/2011)

Kenya

31/06/2011 – Kenya plans to appeal ICC decision

Kenya has declared its intention to appeal the decision of the International Criminal Court which rejected their request that trials of six men accused of crimes against humanity be held in Kenya’s national court.

The ICC ruled that the application did not contain sufficient evidence that the government could deliver justice locally, stating that it ‘did not provide concrete evidence of ongoing proceedings before national judges, against the same persons suspected of committing crimes falling under the ICC's jurisdiction.’

Kenya had earlier challenged the jurisdiction of the ICC, saying its own authorities would investigate and prosecute the cases on Kenyan soil.

Mozambique

01/06/2011 - Free weekly newspaper marks its third year

@Verdade, (truth, in Portuguese) is an extraordinary newspaper. With an aim of increasing access to information, it is distributed free of charge in Maputo and four other towns to people who could otherwise not afford to buy a newspaper.

‘@Verdade was designed and set out to be a tool for development,' says Erik Charas, the papers founder and developer. ‘The development of the citizen, the human being who is entitled to be an active participant of their country's economy simply by being informed. By being able to take or make informed decisions. By being able to speak and be heard. By being allowed to dream, to want and to do. And to change things.’

And three years on, signs show that the newspaper is working as an agent for change in a country that continues on its road to recovery following a sixteen year civil war. A study by Paul Collier, Jenny C Aker and Pedro C Vicente about the 2009 national elections found that access to @Verdade had increased political participation by 10%.

Nigeria

02/06/2011 – Nigerian police raid ‘baby farm’

An alleged ‘baby farm’ in the southern city of Aba was raided by Nigeria police this week. Thirty two pregnant girls, mostly of school age, were found locked up at the Cross Foundation clinic. Their babies were to be sold for illegal adoption or for use in ritual witchcraft.

Human trafficking is the third most common crime in Nigeria after financial fraud and drug trafficking. The UN estimates that at least ten children a day are sold across the country. Traffickers are seldom caught.

The police carried out similar raids on such clinics in neighbouring Enugu state in 2008.

Rwanda

02/06/2011 – Rwanda disputes claims of repressing free speech

This week saw the publication of an Amnesty International report stating that the genocide ideology and sectarianism laws enacted in Rwanda following the 1994 genocide have been used to stifle free speech and political opposition. The report stated that the policies are overly vague, broad and are being used by the government to punish journalists, human rights workers and political opposition.

Justice Minister Tharcisse Karugarama stated that Rwanda is already in the process of reviewing the policies. The government has labelled the report ‘inaccurate’ and ‘highly partisan’.

Living in fear of forced evictions

This week saw Amnesty International celebrate its 50^th birthday.  Events across the world marked the contribution that the organisation, supported by its three million members, has made to the human rights agenda across the world.

The Amnesty Ghana birthday celebrations saw the launch of the report ‘When we sleep, we don’t sleep’, covering the thousands of people living in informal slums in Ghana who are at risk of forced evictions.

A forced eviction occurs when people are removed from their homes without the following safeguards being in place:

·         genuine consultation with those at risk of eviction

·         adequate and reasonable notice of eviction

·         provision of adequate alternative housing and compensation for losses

·         access to legal remedies.

Forced evictions are, regrettably, a common occurrence both in Ghana and throughout our African Commonwealth neighbours.  In 2009, hundreds of people were  displaced by the demolition of structures along the Graphic Road in Abuja. The same year saw the progression of the Kenyan government’s campaign to forcibly evict an estimated 20,000 people from the Mau Forest Complex. In Nigeria more than two million people have been forcibly evicted from their homes since 2000.

All three countries have made international commitments to respect, protect and fulfil the right to adequate housing, and to prevent and refrain from carrying out forced evictions. However their governments are yet to implement national laws to ensure the realisation of the right to adequate housing.  A pledge by the Kenyan government in 2006 to develop guidance on forced evictions is yet to materialise, and forced evictions in Nairobi continue to this day.

In Ghana, the absence of constitutional or legal provisions that would give effect to its international legal obligations in relation to the right to adequate housing and the prohibition of forced evictions provide an avenue for officials to deny that they have any responsibility towards residents in slums, claiming that they are there illegally. This lack of legal protection was confirmed in the 2002 case brought to the High Court by the residents of Old Fadama, the biggest informal settlement in Accra. The judgment stated that the Accra Metropolitan Authority, who were carrying out the evictions, were ‘under no obligation to resettle or relocate or compensate the plaintiffs in any way before evicting them from their illegal occupations.. the mere eviction of plaintiffs who are trespassers, from the land they have trespassed onto, does not in any way amount to an infringement of their rights as human beings.’

Today, 80,000 people living in Old Fadama continue to face the threat of forced eviction. 

Forced evictions frequently occur as a result of a governments desire to use the land in question for development projects.  Examples include the recent building of the Northern Bypass in Nairobi, which saw 3000 people forcibly evicted from the village of Githogoro, and the current redevelopment of the little-used railway line in Accra. Such projects are designed to increase prosperity by attracting investment, creating jobs, and improving infrastructure. These are welcome initiatives, but through the forced evictions that occur as part of the process, the very governments that claim to strive for improving living standards for the people instead force them deeper into poverty. The failure to provide an adequate alternative simply escalates levels of poverty as people either remain in the ruins of their homes or move to another slum. Forced evictions create problems, they do not solve them.

The governments of Ghana, Kenya and Nigeria must be held to account for their failures to comply with the ICESCR, which provides people with the right to a minimum degree of security of tenancy, whether they own their homes, rent property, or live in informal settlements.  An enforceable ban on forced evictions must be legislated for, and guidelines developed to ensure those who will potentially be at risk of forced eviction as a result of government initiatives are afforded a genuine opportunity to participate in the process.

Alison Picton, Human Rights Advocacy, CHRI Africa

Nigeria passes the Freedom of Information Act

Great news! Yesterday Nigeria passed the Freedom of Information Act!

Ironically this was just one day after Chris Lane had commented, in his excellent article on lessons learnt from the UK’s Freedom of Information Act, that Nigeria was “digging in its heels”!!!

Nigeria joins the small list of other countries in Africa in that have passed freedom of information (FOI) legislation. Liberia, South Africa, Zimbabwe and Uganda all have FOI bills. Freedominfo.org provide a good insight into the situation in Africa.

Under Nigeria’ new legislation, whistleblowers who report malpractice by their employers will be protected from reprisals whilst all institutions spending public funds will have to be provide information about their operations and expenditure.

 For further on the Nigerian act have a look at allafrica.com. Click here

Right to Information - Lessons Learnt in the UK

Last weekend a group of hackers in Nigeria known as the Naija Cyber Hactivists attacked Nigerian state websites and posted demands that President Goodluck Jonathan should, as promised, pass the long awaited Right to Information (RTI) Bill.

With the notable exception of Liberia, which passed a freedom of information bill last year, the RTI movement is stalling in West Africa. In Nigeria the government has been digging in its heels over legislation first tabled in 2006 whilst in Ghana the eight year fight for the RTI Bill drags on.

 

So why are politicians stalling over the RTI Bill? The simple answer is that it would, to coin a phrase, be like turkeys voting for Christmas. Governments have a vested interest in being the sole masters of the flow of information which can, in extreme cases, afford them the opportunity for self-enrichment under the cloak of secrecy. Political parties often pay lip service to the RTI bill whilst in opposition as it gives them the opportunity to seek disclosures that embarrass the governing party. However, more often than not, opposition parties tend to take the view that one day they may themselves be in Government and foresee that such support might return to haunt them.

 

The post-implementation experience of other countries with RTI acts certainly suggests that politicians have good reason to be worried about preserving their vested interests.

 

The United Kingdom’s Freedom of Information Act (FOI) is a good case in point and one with which, as a UK lawyer, I am familiar. Passed in 2000, the bill has led to a dramatic shift in the balance of power between citizen and the state. Over half a million requests were made in the first five years alone.

 

The parliamentary expenses scandal in the UK finds its roots in FOI requests made by journalists in 2005. True, ultimately a CD of leaked data allowed the press to discover some of the more serious – and criminal – examples of abuse. However, much of the detail – claims by MPs for mole clearance, moat cleaning, light-bulb replacement and pornographic movies – is only now in the public domain as a result of the Act and three years of journalists’ perseverence. The damning disclosures led to a wholesale reform of the parliamentary expenses regime and the establishment of an independent watchdog. Many MPs resigned as a result of the scandal, a number were prosecuted.

Furthermore, it is only as a result of the UK FOI Act that we know which big businessmen the British Prime Minister has dinner with on a regular basis, we uncover the fact that research related to climate change science was suppressed, we learn that contraceptive implants have quietly been made available to girls as young as 13 by the UK’s National Health Service and disturbingly we discover that the UK operated a clandestine torture programme in post-war Germany.

 

The people of other countries have also been able to hold their governments accountable as a result of RTI laws. In the Republic of Ireland, the Irish Freedom of Information Act has allowed the public to discover the shocking extent of church and state negotiations over compensation for clerical abuse cases. In the US, the largest single group of freedom of information applicants is not, as one might expect, journalists but actually senior citizens. Seniors used the long-standing federal legislation to obtain copies of their benefits packages or information about Medicare prescription drug programmes. Companies use the US legislation to find out about government contracts they could bid on or what regulations were being formulated.

 

Looking at the uncomfortable experiences of their foreign colleagues, it is perfectly understandable why politicians in Ghana might hesitate to pass similar legislation. However, from the citizen’s perspective, those same experiences make the case for introducing the legislation all the more compelling. RTI legislation will make it easier to hold their politicians to account and allow people to exercise their individual and collective rights more effectively. Politicians must always remember that they are only ever the temporary custodians for the information they hold on trust for the people. A right to information act will, for the first time, give ordinary people the true ownership of information. As the great Kofi Annan once said, “Knowledge is power. Information is liberating”. It is now time for the politicians in Ghana to pass a strong bill, empower and liberate the people by allowing them access to their own information.

Chris Lane, Lawyer, www.chriafrica.blogspot.com

Please contact chrislanelondon@gmail.com or call +233-021-971170 for further information.

African Commonwealth Human Rights Weekly Update (21/05 - 27/05/2011)

Botswana

Tuesday 24/05: Commonwealth Anti Corruption Conference:  Botswana played a host to a four day Commonwealth meeting on ways to combat corruption. In the opening speech Botswana’s President Seretse Khama Ian Khama stated that corruption is draining precious resources that could otherwise be used in public services like health and education.

Healthcare and education are known as “positive human rights”. Negative rights govern what the state cannot do to an individual (e.g arrest without charge), whilst positive rights require the state to assist citizens in achieving their rights (e.g providing a school so people can fulfill their right to education).

The rights of citizens to medical care and schooling is contained in Articles 12 and 13 of the International Covenant on Economic, Social and Cultural Rights (ICESCR).

Malawi

Monday 23/05: Malawi prepares for life without British Aid: Following the diplomatic row triggered last month by the government’s expulsion of the British ambassador, Fergus Cochrane-Dyet, the UK Department for International Development stated that aid to Malawi would be frozen while relations between the two countries are reviewed.

The aid freeze looks set to have a worrying impact on an economy that receives 40% of its annual budget from the donor community (20% of this aid comes from the UK).  Currently two-thirds of Malawi’s population live on less than $2 a day.

Mauritius

Monday 23/05: Chagossians Await the outcome of London conference: More than 150 exiled Chagos islanders gathered in London to campaign for their return to the Indian Ocean archipelago.

The islanders were forcibly evicted 40 years ago to make way for a US military base on the island of Diego Garcia. The base has come under criticism from the legal charity Reprieve which report that the base is being used for the detention of terrorism suspects.

Over the past decade, the islanders have embarked on a legal struggle for the right to return home. Three years ago, the House of Lords overturned the original high court decision that the islanders could return. The matter is now before the European Court of Human Rights.

The discussion has been complicated further following the British government's decision to declare the islands a marine protected area with a total fishing ban. A balance needs to be struck between the rights of the islanders and efforts at conservation.

Nigeria

Thursday 25/05: Commonwealth Observer report on Nigerian elections: Secretary-General Kamalesh Sharma announced the release of the Commonwealth report on the April 2011 elections in Nigeria.

Mr Sharma commended the Nigerian authorities for conducting credible presidential and parliamentary elections. However, significant concerns were raised about the loss of lives before and during the electoral process.

Swaziland

Friday 27/05: Bushfire Boycott Gathers Pace: The Swaziland Solidarity Network announce that Caiphus Semenya, will not only boycott the forthcoming “Bushfire Festival” but will not be playing in Swaziland until the “country becomes democratic”. For more info on click on the link here.

“Deep House DJ”, “Black Coffee” and “Professor” have all also pulled out of performing.