A draft Report on the Workshop for student Leaders held at the Faculty of Food Science, Makerere University on 24th April 2009

A REPORT ON THE STUDENT LEADERS’ WORKSHOP ON ACCESS TO INFORMATION FOR ACCOUNTABILITY AND STRIKE FREE UNIVERSITIES
HELD ON 24TH APRIL 2009 AT MAKERERE UNIVERSITY, FACULTY OF FOOD SCIENCE.

As the workshop commenced, participants were asked about their expectations. The following were some of the expectations;
· To learn more about access to information and accountability and how students can be involved
· That student leaders must learn how to deliver information to the people and that how to access information in government hands
· That what we learn should not stop here
· Student leaders were cautioned that they must account and that access to information is the avenue through which this can be done. Student leaders must be committed to involving students because they are not in leadership for themselves alone but for the students’ body as a whole.
· One of the Guild Minister MUK promised to take access to information as a crucial element.
· To learn the legal regime for access to information
· How to present the acquired information to students
· How disabled (blind) students can access such information; that their plight should be taken into account

CHALLENGES TO STUDENT LEADERS
President Kampala International University (K.I.U) said that K.I.U being a private institution, student leaders stand the risk of being expelled and their degrees nullified if they stand for students’ cause.

For the president Gulu University, he sought advice on whether and how certain management confidential information should be disseminated to students because to him passing such information to students might cause a problem.

Speech by the Guild President, Makerere University, Mr. Okware Robert
In his short speech, he admitted that leadership is about learning and thus student leaders need to be nurtured. He further admitted that strikes tarnish the names of institutions. His major concern however was that administration does not care a lot because even when it is invited to meet student leaders on how to resolve causes of strikes they do not appear; that administration make policies without taking into account ideas from student leaders. That administration does not consult student leaders because they treated as part of students, but to their surprise they are later called upon to guard these policies.

Mr. Okware advised his fellow student leaders to always make their position about policies known to students; that the way to pass information to students should be clear on students’ leaders’ position.

He pointed out that administration is always ready to dialogue when strikes have already started and that this problem is common to all institutions of learning.

He expressed his willingness to bridge the gap between students and administration, and called upon fellow student leaders not to give up because student leaders are leaders of tomorrow; moved the participants to learn from the workshop that student leaders need to cooperate with students, the avenue through which they will be able to gather their views and concerns before things go out of hand.


Speech by Guild President-MUST
In his speech he emphasized that there is need to know the cause of strikes. To him, one of the causes is the gap between the students and administration. Like Mr. Okware, he reiterated the need for a strategy on how to bridge this gap. He noted that although there are no serious strikes at MUST, there is still that gap because of intimidation from administration.

Aside of the gap between students and administration, he was of the view that strikes are also caused by the way student leaders communicate to students; that student leaders should not express their frustration from administration, but be polite when communicating to students.

His problem as a student leader was that in some cases they are forced by students to strike, lest they be attacked by students for betraying them. He therefore, called upon the workshop to chart the best way on how student leaders can involve themselves in peaceful strikes.

Speech from the outgoing Guild President of Makerere University- Mr. Rutaro Robert
He also emphasized the fact that student leaders are the leaders of tomorrow and should therefore help their electorate to live a strike free environment. For him, he prefers sit down strikes to violent strikes. He hastened to say that any strike should be a last resort. He called upon the participants to share experience during the workshop and at any other given time in future.


Comments
· Be cautious with the language used in communication
· Many student leaders expect a lot when they come into power, but what is their role? That they are supposed to be listeners to both students and administration
· That student leaders should not directly get involved in strikes; instead they should institute a conflict resolution mechanism.
ABOUT YAF
Mr. Ronald Rwankangi officially opened the workshop by introducing to the participants the activities and programs that YAF sponsors and called upon student leaders to apply for such sponsorship.


Key note address by the by the Guest of Honour
He started by acknowledging the fact that the relationship between the police and the community has not been at its best.
That the police was started in 1906 to protect the interests of colonialists whereby police was expected to work as a buffer between the community and the colonialists staying in Kololo. That however, the police has since shifted such type of policing to engaging the community through community policing; that the police concentrates on prevention rather than investigating crimes after they have occurred. He therefore called upon student leaders to participate in policing because the security of the community is in the hands of the people rather than the police alone. The commissioner informed the participants that the IGP is interested in partnering with the youth in understanding their problems and how best to solve them; that partnering with the police would help in avoiding violence through dialogue

He noted that the police of today is aware of people’s rights, human rights and sensitizes the population. On the whole, the commissioner called for a harmonious relationship with the police, encouraged student leaders to embrace community policing as a strategy to combating strikes and guaranteed that the police is ready to provide protection during peaceful strikes. Otherwise, he noted that the police is mandated by Article 212 of the Constitution to protect life and property and preserve law and order and that it will always execute its mandate if the law and order is being are threatened by violent strikes.

Questions and Discussions
The Guild president MUST said that the police should not dispense with the need for investigation; that it’s through investigations that causes of strikes will be known for the police to ably prevent them. He was against the use of teargas as a mode of querying riots because it presupposes readiness of the police to fight students and this most times attracts retaliation from the students.

The commissioner responded by saying that investigation has not been abandoned but that emphasis is place prevention of crime; that is evident from various police posts so that the police is able to easily exchange information with the community.

Mr. Okware Robert, Guild president noted that when students oppose the policy the police is already in campus even before student leaders are aware. His view is that the police should first consult with student leaders to know whether what the students are struggling for is good or bad. That this approach is essential as it will enable student leaders to consult the concerned authorities to resolve the impasse.

SESSION TWO
TOPIC: Overview of Access to information Act- Asiimwe Joan
Access to information versus Freedom to information
Ms Asiimwe Joan disagreed with the Commissioner Kyomukama that rights are not absolute. These terms are usually used interchangeably. In support of her argument, she quoted the UDHR which to her is the mother of all laws. The UDHR under Article 19 gives a every citizen a right to information and expression. That the Odoki Commission Report recommended that public servants should be free to disclose public information if it does not prejudice public security. Article 41 of the Constitution also guarantees a right to access to information and under clause two, parliament is enjoined to make laws to operationalise this right under Article 41. Pursuant to Article 41(2) parliament enacted the Access to information Act, 2005. The right to access information is reechoed in section 5 0f the Act.

The Act applies to all government Ministries, departments, local governments, statutory institutions among others. This includes University administration as provided for under section 2 therein. What is exempted are cabinet reports and court records before cases are disposed off.

Madam Joan noted that students need to know that this right exists and that student leaders and administration are tasked with the dissemination of information affecting them; that students should utilize the Act to demand and access information in the hands of University administration because it is public information. According to her, if freedom to information is taken as a choice and not as right, then transparency, accountability within public Universities will be shattered and become a nightmare.

To Joan, freedom to access information challenges corruption although it requires unprecedented commitment by students, student leaders and administration. It helps students to influence decision-making. She noted that it is through accessing information that development can be achieved.

Purpose of the Act
To empower the public to effectively……
See ss.2, 5, 7, 8,9,25 and 26.

Questions and Discussions
1. Whether there is a conflict between The Access to Information Act and Official public secrets Act and what amounts to a public secret?
2. What amounts to public security? Does the Act define it? If so, its enforceability is highly doubted.
3. How have NGOs, UHRC addressed ambiguities?
4. What steps have been taken by NGOs to ensure that right to access information is known to the grassroots people?

Responses
Civil Society helped to draft regulations to the AIA in collaboration with the government departments. That the role of civil is not to fight, but to engage the government. The civil society has also sensitized the public, engaged the media to ensure the publicity of the Act and the right to access information.
On whether a conflict between The access to information and the Official Secrets Act, Ms Asiimwe Joan said that the latter violates the former and Article 41 of the Constitution. She said that NGOs are working tooth and nail to make sure the government addresses these conflicts. That that is why many people like student leaders are being brought on board. She called on student leaders to support NGOs in this pursuit.
Are to the steps taken disseminate information about the right, the NGOs achieving it through workshops, media advocacy as media acts as public watchdogs, talk shows, petitions to the speaker of parliament, through literature such as fliers, magazines and calendars. She noted that although this strategy is not yet enough, the fight is still on to make sure the citizens are liberated out of bondage of ignorance about the right to access to information.

The outgoing Guild president MUK Mr. Rutaro Robert differed from other speakers on scope of the right. To him, whereas student leaders advocate for access to information, they should also take into account the danger it might cause because student leaders might be held responsible should it turn out to be harmful.

To this, Ms Asiimwe Joan responded that public institutions are meant to serve the interests of the public and thus they bear the responsibility to disseminate the information for public consumption. However, she agreed with Mr. Rutaro that access to information as a right can be limited in the interest of the public. Thus, students (citizens) should be responsible when demanding for access to information as of right. She noted that human rights should be applied in consonance with the values and customs of the community/ society.

SESSION THREE
TOPIC: Access to information to avert strikes in Higher Institutions- by Mr. Moses Magoola, Project Officer, Peace-Building-HURINET-U.
Discussing the nexus between access to information and strikes in Universities Mr. Magoola looked at the importance of information, nature of strikes in Universities, causes related to ATI and how strikes can be regulated through ATI.

Introductory remarks
Accessing information is a fundamental prerequisite for peaceful co-existence and democratic governance in any set up e.g. State, organization, institution. It is premised on the principle that all information in the hands of government should be availed to the public unless it will jeopardize the security of the government.

Strikes whether violent or non violent are mechanisms adopted by individuals and groups in resentment of unpopular decisions, policies that do not auger well with their interests. They are also applied in demand for popular policies.

Freedom to access, give and impart is guided by standards, principles and regulations to provide the platform a conducive environment for harmonious co-existence. They may be universal, regional or national as provided for in the UDHR, ICCPR, ACHPR, and domestically in the National Constitution and 2005 Act on Access to Information.

Why information is important to students
Information is at the center stage of the existence of the human society; it is a catalyst for good governance. Freedom of information specifically Access to Information held by Public and University Authorities, is a fundamental element of the right to freedom of expression and vital to the proper functioning of a democracy. Secondly, information facilitates communication between students and the University Administration, Government and Public at large. Thus, denial of information is can be a cause of violent conflict. Students may be forced to apply violent means to access it. It should be noted that accessing information is a FUNDAMENTAL HUMAN RIGHT, in a sense that it forms the basis for the realization of the right to education and democracy. However, it should be a responsible demand.

Causes related to ATIA
• Communication Gap
• Information distortion
• Lack of Transparency at Administrative and National levels
• Corruption
• Unpopular Policies and decisions of Government

How can strikes be regulated through ATIA
• Transparency and Accountability.
• ATI entails effective communication-it has to be two way.
• ATI is a democratic virtue that puts emphasis on construction of a culture of dialogue, discussion and if possible consensus among all members of a social group to enable the most enlightened decisions on how to manage social affairs. In all, dialogue is central to conflict resolution and adopting this analogy, if student leaders adopt dialogue with university administration then strikes be averted.
• Cultivating a conflict sensitive Approach. University administration and student leaders should take calculated actions that are not likely violence.

Concluding Remarks
Freedom to Access Information is central to human development and an indispensable element of stability- thus all authorities have a moral obligation to grant access to information in their custody. There is need for creating an enabling legal and regulatory framework to access information; Legislation, Implementation and Monitoring of ATI requires concerted efforts of the Administrators, students and all leaders in sectors. It should be borne in mind that Human Rights and Peace are interdependent. Thus, Access to information and peace on University Campuses can only be achieved when both are pursued in tandem. World over, millions of people are demanding for accountable leadership, a voice in decision making and peaceful co-existence. Mr. Magoola called upon student leaders to play their part by demanding and providing information in order to cause change.

If people do not know what is happening around society and actions of their rulers are hidden, then they can not take meaningful part in the affairs of that society. “Information is not just a necessity- it is an essential part of good governance. Bad governance needs secrecy to survive. It allows inefficiency, wastefulness, structural marginalization and corruption to thrive. Information allows people to scrutinize the actions of a government and provide the basis for proper and informed debate about those actions.”[1]

Discussions
It was conceded that access to information should be a responsible demand because some information may be sensitive that if disseminated to students might cause chaos.
One of the student leaders (Raphael) challenged student leaders if they have information about themselves; that some of them do not have access to information from their predecessors; that they should look at how their predecessors handled particular situations for them to ably handle problems at might arise. On this note the outgoing Guild speaker- Makerere University Guild said that aggression should be adopted as last resort and called upon student leaders to bee strategic while demanding to access information from University administration. Student leaders thanked YAF for giving them this opportunity, but also noted that it would be effective if administrators and lecturers were involved as they are the perpetrators of the impasse with students. They therefore requested alike workshop should be organized specifically targeting administrators and lecturers.

Asked as to whether a reciprocal duty in access to information as a right, Mr. Magoola responded that communication is two-way in a sense that students must demand information and then administration communicates back. He emphasized the fact that student leaders should be responsible with information they access by using it for the right purpose; that such information should not be used to blackmail or otherwise decampaign others. He noted that information about security and private lives may be protected and withheld because information can be classified.
As part of reciprocity of the right to access information, Mr. Magoola noted that student leaders should not demand for information in a violent way, rather they should look to dialogue as the answer, for it is known as the effective mechanism in conflict resolution, arbitration and reconciliation.

Mr. ….Peter- HURINET-U supplemented to Mr. Magoola’s presentation and response by asserting that it is the duty of government officials to disclose information to the public; that the public has the right to apply to Courts of law for an order of mandamus compelling them to so disclose such information that they may withholding.

SESSION FOUR
TOPIC: Engendering Transparency, Efficiency And Accountability in higher Institutions of Learning Using Access To Information Laws- by Patrick Tumwiine-Advocacy Officer HURINET-U
ATI is not an absolute right. The law provides for proactive disclosure. This means that even where the information has not been demanded, it can posted onto the University website to facilitate easy access by the students. Access to information is critical for ensuring that public bodies are accountable to the public for the resources entrusted to them by the government for benefit of the general public. This is because accountability is an important nexus for fighting corruption. This right is not yet realized due to the challenges of implementation largely because some people do not see it as a right. The official Secrets Act is another impediment. Because public officers take the oath of allegiance not to disclose public secrets they are always hesitant to disclose such information.

Access to information, ensuring accountability
Accountability is an important nexus for fighting corruption. Access to information ensures accountability of resources by public bodies. Information is critical to building a broad-based national consensus around good governance. Communication and access to information play a key role in educating citizens on developmental issues that concern them.
Nexus between access to information and fighting corruption
The exercise of the right to access information held by state agencies enables citizens to keep governments and public bodies accountable. This can hinder corrupt practices that benefit from obscure regimes; citizens are able to monitor governments and public agencies through accessing information on government expenditure and projects. Furthermore, access to information enables citizens to take part in decision-making which ensures transparency and good governance. This way, they able to participate in the policy process and supplement government efforts in fighting corruption. This is because with access to information citizens will be informed and can talk and demand for accountability from an informed point of view.

Challenges of access to information in fighting corruption
Currently, there are no regulations to operationalise the Access to information Act which has kept it on the shelves. The high level of ignorance among the citizenry of the existence of the right to access information held by state agencies makes it difficult for the community to demand for information. Public attitude to corruption is yet another challenge. It should be borne in mind that access to information in itself cannot lead to a corrupt free society but there is need to change our attitudes and cultures in relation to corruption. Conflicts in our laws further pose a challenge. Currently, the right to access information held by the government and state agencies is gagged by the provisions of the Official Secrets Act which prohibits disclosure public information by public officers. Indeed, public officers time and again rely on Official Secrets Act to withhold such information which, in the eyes of the public, would be important in influencing policy, decision-making and holding such institutions and officers accountable. There is therefore need to repeal other laws in conflict with Access to Information Act to give it effect. There is also need for awareness and training on access to information to eliminate ignorance about the existing of the right and making public officials appreciate the value attached to effective communication and accountability.

SESSION FIVE
The Role of Students in Promoting Accountability in Institutions of Learning and other Government Departments-by Mr. Robert Kirunda- Lecturer HURIPEC Faculty of Law
Students have a right to access information in the hands of their Institutions. This is because students play a crucial role in influencing policy in their respective institutions. This, they can do either alone or in concert with others. Unlike lecturers, students have an advantage in a sense that they can freely question the acts of administration and the policies they make without necessary suffering prejudice. Students have a right to question why Makerere University is a financial crisis because information and governance are mutually inclusive. However, he was surprised that no student has come bothered to inquire into this. He drew on the example of the 1876 U.S.A case of Brown v. Board of Education in which school children rose against apartheid. As an experienced lawyer, he says that there is nothing confidential. Information should be put online and him as a lecturer he has no problem with students demanding that information be put on the University website because students have the right to access the information in the hands of administration. That Ugandan Universities should follow the example of Morocco where everything is on the Internet.
On the whole, students through the student leaders should follow the precedent of Brown v. Board of Education concentrate on building symbiotic relationships with administration and lecturers in order to build their Universities because dialogue is the answer to conflict resolution. If dialogue fails, then student leaders have the option of petitioning parliament instead of resorting to violent strikes. He drew on the example of Kyambogo Lecturers against administration. Although this was a labour dispute, it illustrates that if an issue cannot be resolved amicably students should petition parliament just like Kyambogo lecturers petitioned parliament when Prof. Rutaro Bossa refused to take their grievances into account. The petition saw him finally fired.

Comments
· Dialogue not violence recommended
· That the power vested in the University Council to change decisions and policies should be exercised democratically by taking into account thee views of the students. This is what principles of good governance demand. Just like Lord Denning asserted that the management of the company is constitutes the mind and nerve centre which work in concert to ensure smooth running of company affairs, University administration represents the mind of the University in a sense that they initiate policies and decision while students are the nerve centre whose views should not be neglected if the university is to run smoothly without interruptions caused by strikes.
· In all, access to information demands reciprocity of duties. Thus, as student leaders demand for information they have to know and take into account the expectations of administration. This will go along way in forging the relationship between students and administration, ultimately avoiding strikes.







[1] The public’s right to know: Principles on Freedom of Information Legislation available at:www.article19.org