Kojo Oppong Nkrumah has noted that there is strong behavioral opposition in public institutions toward the implementation of the Right To Information (RTI) Act.

He said this at the Public Forum on The Implementation of the RTI Act, a platform to review the three-year implementation of the law.

The RTI law is vital in providing legal background for providing individuals, journalists, students, and others to exercise their right to access information.

“The behavioral challenge affects public institutions as they are used to working within a culture of secrecy.
“The challenge of the ignorance of the law, and sometimes in particular, the deliberate refusal of public agencies to provide information because they feel it may embarrass them is leading to difficulties in implementation. This is because in many places people still want to treat information on a need-to-know basis.”
Kojo Oppong Nkrumah

He however emphasized that information is no longer made available on that basis.

“We would like to serve notice that under Act 989, and Article 21 (1f), information is no longer a matter that people must access on a need-to-know basis. It is an RTI and a procedure has been provided, [so] make it available!”
Kojo Oppong Nkrumah

Additionally, Hon. Kojo Oppong Nkrumah indicated that the passage of Ghana’s Right to Information (RTI) Act 989 was a significant milestone in the country’s quest for transparency and accountability. However, the absence of the accompanying Legislative Instrument (L.I.) has posed challenges and ambiguities in implementing the law.

The L.I. serves as a vital complement to the RTI Act by providing detailed guidelines and procedures for its enforcement. It clarifies the nuances of the law, outlines specific processes, and offers practical instructions on how to implement its provisions. Without the L.I., certain aspects of the law remain difficult to interpret and execute, leading to challenges and ambiguities in its application.

The Minister indicated tat te L.I. will be laid in te next meeting of parliament.

Never-Ending Journey Of Ghana’s Right To Information Act

Recognizing the importance of addressing these challenges, stakeholders have engaged in various consultations and discussions to ensure that the L.I. meets the needs of all parties involved. It is crucial to take the necessary time and effort to craft a comprehensive and well-thought-out L.I. that aligns with the spirit and objectives of the RTI Act. Rushing the process may lead to unintended consequences or ineffective implementation, undermining the overall purpose of the law.

A research study commissioned by the Ministry of Information in the last quarter of 2022 shed light on the processes leading to the passage and implementation of Act 989. The study highlighted the significant roles played by civil society organizations, media, and academia in advocating for the RTI bill’s progress. Their relentless efforts, including public awareness campaigns, media engagements, lobbying, and research activities, were instrumental in ensuring the bill’s survival.

The research findings also emphasized the crucial role of political will in the long journey of the RTI bill. Despite pressure from CSOs, media, and academia, successive political administrations appeared reluctant to pass the bill for over 20 years. However, the reintroduction of the bill to parliament in 2019, with the approval of President Akufo Addo, showcased a renewed commitment to transparency and accountability.

To ensure the effective implementation of Ghana’s Right to Information Act, it is imperative to address the challenge posed by the absence of the Legislative Instrument. The L.I. serves as a critical tool for providing clarity, guidance, and practical procedures for enforcing the law.

Stakeholders must engage in extensive consultations and deliberations to develop a comprehensive and well-crafted L.I. that addresses the ambiguities and challenges currently faced.