Access to information and the legislation governing information and archival curation in Zimbabwe:

Access to information is a constitutional right for Zimbabwean citizens as well as the main reason for the existence and effort of archival operations. However Information policy and legislation is interwoven or embedded within functions of various organizations that create and use information. Several legislation impacts on information dissemination and archival practices in Zimbabwe. They pose both a positive and negative impact on archival curation and information access as well as its management in Zimbabwe. This paper intends to explore available pieces of legislation on the subject that directly impacts on Access to Information and archival curation. This paper shall explore how legislation has impacted on access provision to information. It intends to look into effects of the Constitution of Zimbabwe 2013, Access to Information and Protection of Privacy Act (AIPPA, the Official Secrecy Act 11:9, The Research Act 10:22 of 1998 , Copyright Act chapter 26:01 of 1964, The Broadcasting Services Act chapter 12.01 of 2001, National Archives of Zimbabwe Act, Printed Publication Act (PPA) 25/14 of 1975, National Information and Communication Technology Policy of 2014, The Radio Communication Act 12:04 of 1973 , National Library and Documentation Services (NLDS) Act chapter 25:10 act of 1985. The researcher shall bring out where archival functions are embedded in the legislation as well as explore policy fragmentation which results in disintegration in archival curation. It will further address the challenges posed to access and suggest how having an integrated National Information Policy can possibly be a solution.

Lawrence Martin. (2010) quoted Stephen Joseph Harper defining “Information as the lifeblood of a democracy. Without adequate access to key information about government policies and programs, citizens and parliamentarians cannot make informed decisions and incompetent or corrupt governments can be hidden under a cloak of secrecy (Lawrence Martin. 2010). Public bodies hold information not for themselves but as custodians of the public good and everyone has a right to access this information, subject only to clearly defined rules established by law.” (Hodzi. 2012.16)

Legislation providing for the right of access to information is often the preliminary stage for operationalization of the right of access to information (Hodzi. 2012. 21). Various legislation is interwoven or embedded within all functions within NAZ operations, such that they have a bearing on access to information. A number of legislation has been promulgated to assist in the development of libraries, national archives and library services in Zimbabwe Zimbabwe have ratified several regional and international instruments that provide for the right of access to information , thus showing the significant commitment for the country. For example Article 19 of the Universal Declaration of Human Rights, Article 9 provide that: “Every individual shall have the right to receive information”26. The Declaration on Principles of Freedom of Expression in Africa, which the African Commission on Human and People’s Rights adopted, further expands the right of access to information within the African continent.

According to the World Summit on The Information Society (WSIS Declaration of Principles and Plan of Action (2005), Information policy determines the kind of information collected, created, organized, stored, accessed, disseminated and retained. Who can use the information, whether there will be charges for access, and the amount charged, is also covered. Usually associated with government information, information policy also establishes the rules within which private information providers and the media operate. This paper focuses on bringing out the interwoven information legislation pieces in the function of NAZ and how they impact on access to information. The paper acknowledges the fact that there are other factors that affect information access, but it holds them constant for the purpose of exploring legislation and access.

In terms of access the Constitution of Zimbabwe 2013 empowers all Zimbabweans with right to access information and the right to be informed. Where a constitution does not guarantee the right to freedom of information, the concept of the right to access publicly held information is given recognition by a government decree or a policy pronouncement (Mzi Memeza. 2010) In terms of the Constitution of Zimbabwe 2013(1) Everyone, including the press and other media of communication, has the right of access to –  Any information, held by the State; and  Information held by anyone else in so far as that information is required for the exercise or protection of any person’s rights under this constitution or any other law.  Legislation must be enacted to give effect to this right, but may provide for reasonable measures to alleviate the administrative and financial burden on the State.

Freedom of information legislation is designed to allow administration of the right to information found under the constitution (Brobbey V et al.2010. 5). The National Archives of Zimbabwe (NAZ) Act 25.06 of 1986 provides for provision of access to national archives, as a key deliverable at NAZ. The overall mandate of the archives is to acquire, preserve and provide access to the nation’s documentary heritage. All preservation work and everything that is done in the archives, including investments in preservation and technology is to contribute to the overall goal of providing access.

African Charter on Democracy, Elections and Good Governance, Article 2(10) (2012) seeks to “promote the establishment of the necessary conditions to foster citizen participation, transparency, access to information, freedom of the press and accountability in the management of public affairs” the National Archives of Zimbabwe ensures that all researchers have access to archives within their custody. All the researchers with necessary identification can peruse through the archives and get copies upon requests. The control desk which is the access point is always manned by a research archivist and a retriever to give access to archives upon request. This commitment to access is stipulated within the archives clients’ charter.  Article 1 give access within one month after processing archives,  Article 3 deliver requested records within three working days of receiving a request and twenty four hours in case of emergency.  Article 6 to respond to enquiries within twelve working days of receiving a request.  Article 7 to produce material requested by researchers within fifteen minutes of the control desk officer receiving a request slip. This expresses to the public that the archives is committed to providing access to archives. At the same time clients know what to expect and the services is fulfilled within the stipulated times.

According to Ngulube (2012:79), access is not adequately covered in the act although it is of fundamental value in any archival institution. The act states a 25 year closure period and this restriction period to access is inhibitive to consulting information contained in public records and archives. The NAZ Act does not protect its archives scattered around the world as Murambiwa (2009:33) said, “the law allows a dispersed Zimbabwean archive.” This means that the legislation has allowed other nations to keep Zimbabwean documents. For example the NAZ lost the Welenksy`s original paper ,Godfrey Huggins and Ian Smith paper and Rhodesia Military Intelligence records yet these have an important role in the history of the country. As a result, by not mentioning anything about the acquisition of Zimbabwean documents scattered around the world, the National archives act clearly shows its weaknesses in promoting access to migrated archives. There are no legal mechanisms to ensure meaningful access to archives for vulnerable groups such as the disabled. For example, there is no sign language to cater for those with hearing impediments, no translation equipment to cater for diversity. Very few places accommodate people who are physically disabled so that they are able to reach places where critical information can be obtained. The archives lag behind in terms of migration to digital and most archives are located in Harare. There is no remote access and this can be improved with digitization.

The Education Act 25:04 of 1987 also provides for the declaration of fundamental rights to and objectives for access to educative programs. The currently running Zimbabwe policy document Zimbabwe Agenda for Sustainable Socio-Economic Transformation 2013 – 2018 (ZIMASSET) also cutter for access to information as well as representative of national heritage as key issues to sustainable socio-economic transformation. These key legislation pieces expresses the government efforts to recognize the fundamental human rights to access information.

Archives work daily with a lot of different classes of information. This includes highly sensitive and official secrets of the nation. As a result the Official Secrecy Act 11:9 of 1973 guide the way to prohibit disclosure for any purpose prejudicial to safety of interest of Zimbabwe information which might be useful to an enemy, to make provision for the purpose of preventing person from obtaining or disclosing official secrets in Zimbabwe , to prevent making sketches. This provides for systematic safe and organized information access thereby guiding against abuse and misuse of information by unauthorized personnel. Thereby guiding the actions of archivist when it comes to accessing and providing access to information. It guides and support ethical conduct in handling and use of information.

The Access to Information and Protection of Privacy Act (AIPPA) Chapter 10:27 of 2002 is also embedded in NAZ functions when it comes to access to information. The act “provides members of the public with the right to access records and information held by public bodies, to make public bodies accountable….” (AIPPA. 2002). This clause gives public the right to access archives from the control desk portal. At the same time semi current records held at the national archives records center belongs to the creating departments. …… Like all rights, the right to information is not absolute and is subject to exemptions (Hodzi.2012.27). when it comes to requesting for semi-current records, the records center cannot grant access as these are owned by the creating departments, which are public bodies of government and parastatals. The AIPPA provide a legal framework for the access and conduct of requesting information from public bodies and privacy as well as for the regulation of mass media. As stated in the AIPPA, “An applicant requiring access …. Make a written request to the public body giving adequate and precise details to enable the body to locate the information requested” (AIPPA. 2002). The heard of the particular public body makes discretion on whether access should be granted or not as they are empowered to deny disclosure of information whose disclosure may affect intellectual property rights or may cause harm to law enforcement process and national security. the head of a public body can refuse to grant a request for information if (1) the request contravenes AIPPA; (2) were disclosure will result in exposing personal information protected under Part III of AIPPA; and (3) if it is not in the public interest to grant disclosure of such requested information(Hodzi.2012.27).

It is difficult to explore weaknesses in Zimbabwe’s Access to Information and Protection of Privacy Act (AIPPA 2013). Clause I. 3:2 of the AIPPA however states that “if any law relating to access to information, protection of privacy and the mass media is in conflict or inconsistent with this act, this act shall prevail” (AIPPA. 2002). This means that in an endeavor to provide access to information, the AIPPA takes precedence and overrides any other policy in the organizational functions. This is the area which causes a lot of discomfort amongst citizens. Hodzi (2012. 14) noted that there have emerged enormous gaps between having the law in place, its implementation and the actual experiences of the citizenry in exercising that right. For example “AIPPA does formally establish a right to access information held by public bodies. However, this right is so limited by exclusions and exceptions that its practical impact has been extremely limited.” (Media Institute of Southern Africa-Zimbabwe (MISA)) AIPPA’s focus on media control has also meant that organizations seeking access to information to advance socio- economic rights have often missed the opportunity to test the legislation through making requests- and eventually challenge some its provisions in court (AIPPA 2013). Unfortunately archives are at the receiving end of media friction as they are blamed for lack of access to current records of which those are not archives and determining right to access these is not part of their duties.

The Declaration on Principles on Freedom of Expression in Africa clearly stipulates that in Part IV (2): “...everyone has the right to access information held by private bodies which is necessary for the exercise or protection of any right.” AIPPA makes no provisions for access to information held by non-state entities (Hodzi 2012.28). The NAZ Act is also silent on archives from private entities and their acquisition is not mandatory. It is at the discretion of the owners if they want to deposit their records and manuscripts. As a result some important records can be left out of the collection. This is especially true for audiovisual archives that are mainly created by private producers.

In as far as access provision at National Archives is concerned, the Censorship and Entertainments Controls Act Chapter 10.04 No/ 698 of 1981 is embedded in their operations. In as far as access is a constitutional right, the censorship Act advice on any censorship issues. It acts to approve or prohibit publications for consumption or dissemination of undesirable publications, pictures, statutes and records. The censorship board determines what is not descent, obscene, harmful or offensive to public morals. This therefore guides archives in offering information that does not corrupt the minds of people who access it.

The Research Act 10:22 of 1998 is also embedded in the operations of the National Archives. It is administered by the vice president under the office of the president and cabinet. The act encourages research work and empowers the research council to clear foreign researchers. This promotes and empowers foreign researchers to access archives at NAZ. Whilst the right to access is there, National Archives cannot grant access to foreigners who are not cleared by the council.

The Copyright Act chapter 26:01 of 1964 has a bearing on access to information. After providing access to the archives researchers request for copies of the collections, the archivist are then guided by the copyright act on what can be copied since the act “make provision in respect to copyright and related other matters and provide for other matters relating thereto and in connection to intellectual property rights.” this act enables restrictions of copyright Infringement. Even though the NAZ and other nonprofit making libraries are exempted from certain copyrights ,researchers do not like to comply and in all the cases they are made to sign and declare what they intend to do with the information acquired. The copyright act is quite critical when it comes to the management of audiovisual archival media whereby copyright in such cases are complicated and contested by different players who have a stake in their footage. Archives are then limited by copyright regulations to providing specific copies of material for access to take home.

The National Archives of Zimbabwe Act guides all acquisitions as it mandates all government departments to deposit their records with the National Archives of Zimbabwe. Records destruction and transfer of matured documents from the records center to the public archives is also guided by this Act and facilitated by records retention and disposal schedules as per departmental policy. The national Archives work together with creating departments in drafting their institutional retention and disposal schedules. As a result collection is retained for a reasonable period of time and those that mature to become archives are from a reasonably advised point. This guarantees the preservation of important archives from an objective point. The Broadcasting Services Act chapter 12.01 of 2001 aids in acquisition of AVU media as it compels all broadcasters both radio and television to deposit with NAZ a copy of all daily broadcast media programs. This means that the act is imbedded in AVU unit acquisition. It empowers archives to acquire all thus giving them leverage to have a complete record of Zimbabwean broadcast media for future access. Even though they are left with an overwhelming wide collection for selection. This is further supported by the provision of NAZ AVU policy which stipulates that ‘’ we acquire, preserve and provide access to national AVU media on or about or by Zimbabweans” all these acts are supported and legalized by the NAZ Act.

The Radio Communication Act 12:04 of 1973 plays a significant role in defining a record for the audiovisual department. It defines record as “sound recording, tracks, sound tracks, cinematography, film and its audiovisual media. This enables the section to define, distinguish and classify various audiovisual archival media formats. As such various media formats can then be accessed as they are acquired.

The National Information and Communication Technology Policy of 2014 is also embedded in NAZ operations before transition to digital and e –records management as it support the development of ICT Infrastructure for e-governance, support open government data initiatives and issue rules and regulations guiding the use of ICTs. The policy is to provide strategic direction and guidance for sustainable national development through the development and application of ICTs in Zimbabwe. It Develop a legal framework that addresses issues related to cyber security, protection of data, intellectual property rights (IPRs), broadband, e-transactions and ethical and moral rights. As a result all business e-mails are done using …[email protected] accounts. The act further facilitate provision and maintenance of infrastructural facilities necessary for ICT development, such as reliable supply of energy, communications and transport. The NICTP stresses out issues to do with compliance to recreate record keeping operations standards in the virtual world so as to ensure that authenticity and integrity of record is maintained. This is a key fundamental archival principle to preservation of reliable and valuable records. Issues to do with ICT infrastructure development, use of ICT in research, e-governance, digitization, e- mails management at National archives are also guarded by the NICTP. A digital transition framework was drafted between NAZ and the ministry of ICTs in order to fulfill and facilitate provisions of NICTP. These are guidelines for NAZ records center and all government departments in the continuum role of managing digital media. However in as far as preservation of archives to guarantee future access, the act does not adequately cover digital archival standard which enables continued access to authentic, reliable records.

The Printed Publication Act (PPA) 25/14 of 1975 chapter 55 of Southern Rhodesia guides the NAZ reference library. The act to consolidate and amend the law relating to the printing and publication of books, newspapers, periodicals act printed publication and preservation of books, periodicals, newspapers and other printed publications published in Zimbabwe. This act chapter 4:1 compels all publishers to deposit a copy of all their books within one month of publication at their own expense to the library government archivist, as well as to the Bulawayo public library and Queen Victoria memorial library. As a result the library acquires all printed publications in Zimbabwe. The act further stipulates punishment for not complying with the provisions of the act under section three “failure to comply with the provisions of the act shall be guilty of an offence and liable to a fine and the court may impose a penalty…..” (Printed Publication Act (PPA) 25/14 of 1975).

The library is the sole issuer of the ISBN to book publishers and guided by the PPA section 51 which stipulates that no person shall print or publish or cause to be published or printed in any newspaper until they have been registered at the office of the government archivist with full and correct functions. Despite there being little or no progress at the national reference library, the national archives library plays an advisory role to the management, administration and services of the national library under provisions of National Library and Documentation Services (NLDS) Act chapter 25:10 act of 1985. The department is compelled to assist in the registration of affiliate libraries. This ensures an organized and accountable publishing industry with the government archivist being able to trace publications and publish the Zimbabwe National Bibliography. This enables access to all locally printed publications. However the challenge on access is that the act does not compel depositors who write a Zimbabwean perspective to deposit if they do their printing from neighboring countries. One would then find many printed local content with ISBN from neighboring countries such as South Africa, not being part of the national bibliography.

Preservation of archives by the four departments is also guided by local and international policies. The NAZ act mentions preservation as a core function of the institution whilst the ZIMASSET policy documents stipulate that under security provisions the responsibility for preservation of historic documents and cultural heritage. International policy however is imbedded in functional preservation of the archives. For example the International Council on Archives (ICA) stipulates ideal preservation standards in terms of ideal buildings and environmental conditions. Association of International Sound Archives (AISA- TC) recommendations guides the audiovisual unit on ideal standard preservation requirements for different audiovisual media formats. The audiovisual unit strives to maintain and regulate the temperature conditions in the cold rooms as well as humidity and vinegar checks for their collection in order to adhere to the internationally recognized standards. Preserved archives endure for posterity and can be accessed by future generations. The National Archives of Zimbabwe is eighty two years old and still researchers can access federal archives which are well preserved by archivists with support of legislation.

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