Maelezo Sahihi Kuhusu Sheria ya Takwimu 2013

Maelezo Sahihi Kuhusu Sheria ya Takwimu 2013

kampelewele

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WHAT THE STATISTICS ACT 2015 STANDS FOR
The recently enacted Statistics Act, 2015 has become a subject of discussion in the media and other forum. Unfortunately the line of argument by some commentators is that of condemnation, suggesting that the Act is draconian in nature, interfering with people’s democratic rights and that is restricts the production and sharing of data. Some go as far as saying that “traditional media would not publish on issues like water, or education because they will be afraid to be penalized”. The enactment of it is also suggested to have been rushed, without involving key stakeholders. Certainly those who have followed and taken keen and genuine interest in the process leading to the enactment of the law know that this is indeed not the case.

What the Act Stands for:
The Act is about official statistics which are statistics published by Government Agencies or other Public Bodies such as the National Bureau of Statistics (NBS) in Tanzania and international organisations. Official statistics are usually produced and compiled by Government, Ministries, Departments and Agencies, including NGOs. There are however, criteria which guide production of such statistics. These are given by the UN Statistical Commission, a functional commission of the UN Economic and Social Council. The criteria are officially known as “The Fundamental Principles of Official Statistics”. The Statistics Act, 2015 define, in clause 20, official statistics as the body of statistical information produced, validated, compiled and disseminated by NBS, Government institutions, and agencies, and qualify to be official statistics if they meet the criteria and standards set by the Bureau.

Mandate of the National Bureau of Statistics:
The Statistics Act, 2015 establishes NBS as an autonomous public office responsible for production of quality official statistics for decision-making and policy formulation in the country. Through this Act, NBS will be responsible for coordinating National Statistics System (NSS) that includes all data users and producers of official statistics in the country. The coordination mechanism involves three major activities namely:
(a) Issuing code of practice and conduct for all Official Statisticians within
National Statistics System (NSS);
(b) Issuing concepts, definition, methods and standards for the production
of official statistical information; and
(c) Providing guidance and assistance to all users and producers of official
statistics.
The process of establishing this Act started in 2013 by involving different stakeholders in every step inside and outside the country. Thus the development of this Act used a participatory approach. To ensure broader participation and according to the Parliamentary Regulations, the Act was posted to the Parliamentary website for public awareness and comments; the same was also posted to the National Bureau of Statistics Website.
Ensuring Integrity of Official Statistics:
One of the critical issues with regard to official statistics is protection and enhancement of integrity and impartiality of such statistics. This requires NBS (clause 5 and 6) to exercise professional independence in the way it collects, processes, analyses and disseminates official statistical information. NBS is also required to develop methods, standards, concepts and definitions for the production of official statistics. It is also mandated to organize and maintain a central depository of official statistical reports, publications, documents and data from within and outside the country.

Relation with other Agencies:
The Act recognizes, in clause 18, that there are other players in the production and use of statistics. Clause 3 provides room for sub-contracting. It states that in the performance of its functions, NBS may sub-contract other organisations or individuals. However, the powers to commence or discontinue collection of official statistical data rest with NBS, this is in case any person is seen to be collecting such information without following principles or standards guiding official statistics. And as earlier pointed out Clause 20 spells out who produces official statistics and modalities thereof.

There is no clause in the Act which prohibits other agencies (research institutions, NGOs, Development Partners or any other users or producers of statistics) from producing statistics for their own consumption. Clause 20 of the Act empowers other Agencies to publish their research findings as official statistics provided they adhere to the principles governing official statistics.

However, if such Agencies want to produce official statistics intended to be used by the Government for planning and policy making, set standards and principles of official statistics have to be adhered to. The Act, clause 37(4), addresses also freedom of information among communication media but, it prohibits any communication media that publishes official statistics in a way that distorts its original meaning and claims NBS to be its source.

The Act is about official statistics only, and it prevents abuse of such statistics. However it does in no way prohibit other Agencies (individuals) from producing and using their own statistical information, which is common practice in all countries. A matrix is attached to provide further clarity.

The Government has planned a new public awareness campaign that will be rolled out as soon as the Statistics Act is gazette. The Government is also working with key stakeholders in preparing the implementing regulations that will also add clarity to the controversial clauses.
 
The Matrix of the 2015 Statistics Act clauses, which are being Debated

[TABLE="width: 696"]
[TR]
[TH]Clause 37
[/TH]
[TH]Response from the Government
[/TH]
[TH]Steps Taken

[/TH]
[/TR]
[TR]
[TD]1) Freedom of information among Communication Media clause 37 (4)
[/TD]
[TD]The statistics Act is governing the production of official statistics by following Fundamental Principles of official statistics as provided by United Nations Statistics Division (UNSD).

The provision prohibits any communication media that publishes official statistics in a way that distorts its original meaning from the source. For example if NBS publishes the inflation as 4.3 for April, 2015 and media publishes the April 2015 inflation as 3.8 and quotes NBS as the source of the information, this shall amount to the distortion of official statistics

[/TD]
[TD](1). The consultative meeting with the Development Partners (DP) on 8[SUP]th[/SUP] May 2015 on the ongoing debate. The issues on the clause 37(4) and (5) as well as clause 18 and 19 were discussed.

(2). On 11[SUP]th[/SUP] to 14[SUP]th[/SUP] May 2015, the World Bank mission visited NBS seeking further clarification of clause 37(4) and (5). The mission was lead by Lucas Ojiambo and Elizabeth A. The Mission re-commended to the NBS to have a program for creating awareness to different level of stakeholders.

[/TD]
[/TR]
[TR]
[TD]2) The fear of other Agencies (Non Government Organizations, members of academia/ researchers development partners, individuals, Civil Society and Organizations –CSO's) of being prohibited to undertake research activities in the Country.
[/TD]
[TD]The Act does not prohibit any agency or person from doing researches. Clause 20 of Act has empowered other Agencies to publish their research findings as official statistics provided it adhered to the principal official statistics.

Research and publication will continue but in professional channels and not in political channels such as a member of parliament stating statistics in the parliament without verifying those statistics with NBS. There is even a provision that if a Government Office will wish to use other source of data such as from Higher Learning Institutions should sent such data to NBS for verification and authorization first.

It should also be understood that different laws also passed by the Parliament are governing research and academics and if these are ready together there is no interference or contradiction among them.

[/TD]
[TD]The Government will continue creating awareness among the producers and users within the NSS.


[/TD]
[/TR]
[TR]
[TD]Limiting Open Government Platform (OGP), which is in line with Data Revolution Initiative
[/TD]
[TD]Open data initiative means data to be free accessed by everyone, machine readable and licensing free. The Act does not hinder open data initiative endorsed by Government in 2011. Official statistics produced by Government and other agencies (clause 20) will be uploaded in the open data portal for public consumption. Under Open Data initiative, the role of NBS is to ensure the quality of statistics collected from different sources.

[/TD]
[TD]The Government is in the process of formulating policy and data security Act for the open data initiative before June, 2016 as stipulated in the agreed joint work plan between the Government and the World Bank.
[/TD]
[/TR]
[TR]
[TD]Involvement of stakeholders during the development of statistics regulations and statistical ethics and code of practice




[/TD]
[TD]In the process of developing statistics regulations the Government will continue with the spirit of involving stakeholders from National Statistical System.
[/TD]
[TD]Currently, the NBS in collaboration with NBS have started drafting a set of statistics regulation and a stakeholder's consultation programme has already been prepared for their inputs before finalization. According to this programme Statistics Regulations have to be in place in December 2015.
[/TD]
[/TR]
[TR]
[TD]The way forward
[/TD]
[TD]NBS will continue with creating public awareness targeting different stakeholders according to their needs i.e CSO's, Higher learning Institution and Academia, Researches and Communication Media.
[/TD]
[TD]Program has been developed on awareness creation to different stakeholders
[/TD]
[/TR]
[/TABLE]
 
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