The Commonwealth Human Rights Initiative (CHRI) Africa has acknowledged the Government’s ongoing efforts to implement the Right to Information Act, 2019 (Act 989), which includes the setting up of the Right to Information Commission.?
It said, however, they also acknowledged the persistent challenges that persisted in the effective implementation of this vital law.?
This was in statement issued in Accra by CHRI?as Ghana joined the global community in celebrating the 2024 International Day for Universal Access to Information (IDUAI).
The International Day for Universal Access to Information is celebrated annually on September 28.?
Established by UNESCO in 2015, IDUAI aims to raise awareness about the significance of public access to information and to encourage governments, civil society, and citizens to advocate for transparency and accountability.
This year’s Global Conference on Universal Access to Information will be hosted by the Government and UNESCO in Accra on October 1 and 2, 2024 on the theme:
‘Mainstreaming Access to Information and Participation in the Public Sector.’
The 2024 Global Conference in Accra marks the first time the celebration is being hosted by an African Member State, providing an opportunity to highlight successes, challenges and best practices for mainstreaming the right to information into government structures on the continent.?
The CHRI congratulated Ghana for being the first African Member State to host IDUAI Global Conference.?
It said the significant milestone underscored Ghana’s commitment to transparency, accountability, and the promotion of human rights.
The statement said key among the challenges was the fact that four years down the line of implementing the Act.
It said Ghana seemed to be placing a lot of emphasis on the need for people to request for information vis-à-vis the need for public agencies to proactively disclose/publish certain specific basic and essential information on governance to promote transparency, accountability and effective public participa
tion in governance.?
The statement said by taking the lead in this global initiative, Ghana had become an ultimate example for other nations in the region, highlighting the essential role of access to information in democratic governance.
CHRI commended the about 29 countries, including South Africa, Angola, Zimbabwe, Uganda, Ethiopia, Guinea, Liberia, Nigeria, Niger, Tunisia, Sierra Leone, Côte d’Ivoire, Rwanda, South Sudan, Mozambique, Sudan, Burkina Faso, Benin, Togo and Malawi.
Others are?Morocco, Kenya, Tanzania, Ghana, Gambia, Namibia, Zambia, Seychelles and Cape Verde) on the continent that have access to information laws and urge the remaining 24
countries (Somalia, Senegal, Sahrawi Arab Democratic Republic, Sao Tome and Principe, Mali and Mauritania.
The rest are Mauritus, Libya, Madagascar, Lesotho, Guinea Bissau, Gabon, Burundi, Cameroon, Central African Republic, Chad, Comoros, Democratic Republic of Congo, Republic of Congo, Djibouti, Egypt, Equatorial Guinea, Eritrea and Eswatini/Swaziland)
.
It urged others without access to information laws to also do the needful towards greater transparency across Africa.
The statement said a key proactive disclosure provision of the Act – section 2 that stated, ‘the government shall make available to the public, general information on governance without an application from a specific person’ was yet to be fully operationalize.
It said this implied that there was no standardized and calculated effort by the government to proactively disclose specific categories of information which were basic and necessary for good governance as recognized by international standards and best practices.
It said CHRI monitored the websites of 50 government Ministries, Departments and Agencies (MDAs) between April 2023 and February 2024 to assess the level of proactive disclosure on six category of information since Act 989 became operational in 2020.?
The monitoring report was publicized in May 2024 and distributed among key institutions, including the Ministry of Informat
ion and the RTI Commission.?
The monitoring looked at 2020-2022 Annual Reports (Activity and Financial
Reports), Annual Audits Reports, Annual Budgets (including Activity Plan), Commercial Contracts, Annual Reports on the implementation of the RTI Act and the RTI Information Manual proactively disclosed by the 50 targeted institutions including the Ministry of lnformation, Electricity Company of Ghana, Electoral Commission of Ghana and the Food and Drugs Authority.?
It said none of the 50 institutions sampled had proactively disclosed all the specified category of information indicating a major gap in proactive disclosure of basic and necessary information.
The statement said although public institutions proactively disclose certain basic information, there were no standardized ways (the type of information, timelines for the release etc.) for doing that.
It said public institutions did not seem keen on proactively disclosing the type of information that would enable citizens to hold government accountab
le.
‘None of the institutions had annual reports on the implementation of the RTI Act published,’ it added.
CHRI recommended the need for Ghana to expedite action to pass a Legislative Instrument (LI) to support the effective implementation of Act 989.?
It said the LI would provide additional information on how to implement some vague provisions in the Act including section 2.
It was also recommended that the RTI Commission should develop guidelines to clarify the nature of the disclosure as per section 2 of the Act in the absence of an LI.?
It said the guide could complement the LI when it was eventually passed.
It recommended that the RTI Commission should ensure that at a minimum, all section 2 information should be routinely put on organization’s websites.
The CHRI urged the government to make a conscious effort to effectively implement the proactive disclosure provisions of the Act and as a matter of urgency pass a Legislative Instrument in ensuring that the Right to Information Act realized its f
ull potential for all Ghanaians.
It called on all governments, institutions, civil society organizations, and key stakeholders to recommit to advancing access to information as a right.
‘We urge public bodies to prioritize transparency and open governance by proactively disclosing public information and strengthening institutional capacities to process RTI requests efficiently,’ it added.
The statement said it also needed promoting public awareness of the RTI Act to ensure that all citizens can fully participate in the governance process.
CHRI remained steadfast in its mission to uphold human rights and advance democratic governance through access to information.?
‘Together, we can build a more inclusive and accountable society where everyone’s voice is heard,’ it said.
Source: Ghana News Agency