IN MY HUMBLE OPINION: No accountability without freedom of expression

As a communication expert, I value highly our ability as humans, to communicate. And in order to ensure that communication is effective, freedom of expression is essential. But let me rush to say that I am also not a lawyer. So it does become important to step back, reflect, start from basics and argue my views and perspective.

The first step is to make reference to what we call in Kiswahili “the Mother Law” which is the Constitution. Why does our Constitution have the article on Freedom of Expression (Article 18)? Why should the highest law of the land state clearly that every person is free to express his ideas and opinions, disseminate them and has the right to receive ideas and opinions disseminated by others? After all, speaking to each other and sharing information is natural. The Constitution does not say we have the right to breathe or eat, we just do. We have voice and we use it. Yet it specifically states that we have the unalienable right to free speech.

Social norm requires that, in certain cases, we do not say some things. Thus, it is frowned upon to tell children about sex. And there are laws that limit free speech, for example “Incitement to Violence” is a crime. Yet our Constitution does not assume that we are free to speak and limit it. On the contrary, it emphasizes that we are free to speak and leaves the limitations to ‘lower levels’ of the law.

Clearly, by definition, there is no Freedom without Freedom of Expression. People are not free unless they can speak freely. But, beyond the obvious, one crucial reason for Freedom of Expression to be in our Constitution is because of other principles established in it, notably Article 8 states that: “… sovereignty resides in the people …”, “… the primary objective of the Government shall be the welfare of the people …”, “… Government shall be accountable to the people …” and “ … the people shall participate in the affairs of their Government …”.

In order for us, the people, to exercise our sovereignty, our right to hold government accountable and participate in its affairs, we have to talk about it, share opinions and ideas about it. We need to discuss and debate government’s activities and performance, as well as praise or criticize as each one of us sees fit. Thus, a people’s sovereign right to hold their government accountable and free speech go hand in hand. Why this crucial freedom had been and still is infringed upon many governments around the world is a key question. For now, let me just say that those who do not have dirty laundry, do not fear people looking into their closet.

As humans we are primarily driven by issues that are directly beneficial to us. However some issues that may seem unrelated and of little interest may be resolved by others who are experts in the given field. This leads to all of us benefitting. A good example is the sector of agriculture. Having varied, good quality, affordable agricultural produce is important to my personal welfare. And, by extension, how Government is managing this sector is therefore also important to me. But I am not a farmer, I know very little about it, and anyway, I am too busy earning a living from my own profession. However, the farmers, wholesalers, retailers and many others, who earn their livelihoods from this sector, know how government is performing. By sharing their opinions and views between each other, they can identify common issues and act in consort to get Government to have them resolved. And often, such issues are resolved without me even noticing. And their action, consultation benefits all of us!

Obviously, as I rely on others in most cases, they rely on me to do the same in my field of expertise, in my profession, where I am directly affected. This open communication and freedom of expression allows for the entirety of Government to be continuously held accountable by the citizens.

However, when Freedom of Speech itself is being infringed upon, be it in any sector or case, it becomes a problem for every one of us. The core principle of Accountability is being strangled. A key mechanism is being undermined.

So in my humble opinion, it is high time, for government and other stakeholders to realize that Freedom of Expression is not about human rights only but an important piece of the larger puzzle in ensuring Accountability. It is our duty, each one of us, citizens, to make sure that the Government works for us. It is our duty to make sure that the country belongs to “We, the people …”, not “Them, the Government”. IMHO