EXAMINATION OF THE RIGHT TO INFORMATION: A CASE STUDY OF UGANDA

ABSTRACT

The right to information which is constitutional, the current legal regime of laws and the

institutions established by the government of Uganda including access to information Act 2005

are not sufficient to facilitate the right to information.

The law neither obliges the government t to pro-actively disclose information nor does it provide

the citizen activism in accessing such information. Therefore there is need for comparative

review of the access to information legal frame work in Uganda with the aim of understanding

the gaps and the lacuna that creates this inertial and the promulgation of a new legal regime that

will go beyond merely giving citizen the right to access public information but obliging both the

government and private sector players to provide pro-actively a certain type of information

which is necessary for the public to participate not only in government but also allow them to

enhance accountability and transparency. It should ensure while in the process of leadership

there shall be selflessness objectivity, integrity, honesty, accountability and openness in

leadership.

Following Uganda's history which is marked by authoritarian government with just traces of

democmcy that they were not answemble to any one and officials had to observe the

confidentiality principals. The promulgation of the 1995 constitution of the republic of Uganda

brought hope by recognizing the right of access to information guaranteed under article 41.

There is government effort to control information that enters public domain. This has continued

amidst the recognition that during the earlier government before 1995 there was total strict

adherence to the right to information. One of the reasons of attacking the legal regime has been

null and void as it did not guarantee right to access information and limitation as to the kind of

information to be accessed.

It creates limitation beyond those prescribed under the constitution. Under article 20 the

fundamental human rights are inherent not guaranteed by the state. Those fundamental human

rights are in the law of rights. Therefore the right of access to information is not guamnteed by

the constitution, by access to information Act 2005 but inherent. From the above information, the

author opines there is a gap in implementation and the legal regime.

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