Right to Information : From silence to access: Journey towards information rights

For the first time after independence, our right to information as Ghanaian citizens was included in the Fourth Republican Constitution and duly adopted through a referendum on April 28, 1992.

Two decades after capturing the Right to Information in the 1992 Constitution, the Right to Information Act 2019 (Act 989) was passed into law and assented to on May 19, 2019, to the relief of many, particularly, Civil Society Organisations (CSOs) who championed the cause for the enactment. 

The lack of political will to pass and implement the Right to Information law in Ghana ranked top among the reasons for the delay in passing the RTI Act. 

With the 20-year lag in passing the law, many feel that Ghana missed a golden opportunity to etch its name into the “RTI Hall of Fame” as one of the first countries in Africa to implement such a law.

Typical with every novel policy or law, setbacks are inevitable. 

Research

Research on the effectiveness of RTI laws in other jurisdictions, especially in developing countries, reveals a lack of political will, infrastructural and record management deficits, institutional barriers, traditions of secrecy, low public awareness, etc. 

Indeed, enacting an access-to-information law may be a necessary but insufficient step towards meaningful access to information, given that the implementation and enforcement of the law are the most critical and challenging stages, which require a willingness from the state and its inhabitants.  

On the side of the government, positive strides have been made towards recruitment and training of over 300 information officers to facilitate access to information in public institutions across the country. 

Furthermore, the Ministry of Information has carved out an Access to Information Division under the Information Service Department to manage and provide backend support to these information officers. 

A Right to Information Commission has been established to primarily regulate, promote and enforce the rights granted to citizens in the 1992 Constitution. These interventions demonstrate a commitment of the government to provide a framework for implementing the law. 

Concerns

Despite government efforts, there are concerns about the extent to which citizens have embraced their right to information. 

Though it is early days yet, a critical consideration of the statistics on the requests for information, four years into Act 989 implementation, suggests that not so many people are aware of the existence of such a right. 

Traditionally, obtaining information from public institutions in Ghana is an arduous task. Scores of Ghanaians dread walking into public offices to seek information, and the hitherto absence of designated persons to handle inquests, unspecified timelines, and the lack of punitive sanctions enabled public institutions to frustrate access to information. 

Further, the unspoken rule of parting with some “illegal” money for a legitimate service or request from public institutions has served as a disincentive for citizens. 

Such frustrating events resonate with Ghanaians daily; thus, there is a need for a complete shift in the mindset of citizens from anti-information to pro-information. 

Awareness and education on the advantages of the RTI Law will empower citizens to demand accountability from public institutions, entrenching transparency and open governance. 

It is worth noting that the Right to Information Commission’s core objective includes promoting the law through sensitisation and public education. 

However, the promotion of the law seems like too daunting an assignment for a single entity to execute effectively. Therefore, it rests on all RTI officers and focal persons in all public institutions to rise to the occasion to sensitise and consequently complement the RTI Commission's efforts.

Hopefully, the civil society groups whose relentless advocacy facilitated the birth of this law will still advance the cause of this essential democratic arrangement.   

The success of the RTI lies squarely with the citizenry. An empowered and enlightened citizenry will ultimately break the phobia of demanding accountability.

The writer is the Right to Information Officer, Ghana Health Service
E-mail: amazinfianko@gmail.com