Ghana’s Right to Information (RTI) Act of 2019 marks a significant milestone in the country’s democratic journey, empowering citizens to access government information and hold leaders accountable, thereby fostering transparency, accountability, and good governance
The RTI Act has been a game-changer for Ghana, establishing a robust legal framework that guarantees citizens’ right to access information, thereby empowering citizens to engage meaningfully in the democratic process.
Furthermore, the act has empowered citizens to demand information from public institutions, enabling them to make informed decisions and participate meaningfully in the democratic process which has fostered a culture of transparency, where public officials are held accountable for their actions.
Moreover, the act has helped to combat corruption by allowing citizens to access information about government contracts, expenditures, and decision-making processes.
As such, the RTI Act has reduced the likelihood of corrupt practices and ensured that public resources are utilized efficiently.
More so, the act has promoted accountability in governance as public officials are now more responsive to citizens’ requests for information, knowing that they can be held liable for non-compliance.
This has improved the overall quality of governance and ensured that public institutions are more responsive to citizens’ needs.
The RTI Act has also facilitated greater citizen participation in policy-making processes.
Consequently, citizens can engage more meaningfully in public debates and contribute to policy formulation by accessing information about government policies and programs.
Most importantly, the act has strengthened the rule of law and protected the fundamental human right to freedom of expression.
As such, by recognizing the right to information as a fundamental human right, the act has reinforced the principles of openness, transparency, and accountability in governance.
Since its enactment in 2019, the RTI Act has achieved a remarkable success rate, with a significant number of requests being approved.
Out of 1,053 requests received, an impressive 80.15% (844) were granted, while 4.46% (47) were rejected, demonstrating the effectiveness of the law in promoting transparency and accountability in Ghana’s governance.
Ghanaians acknowledge the progress made in implementing the RTI Act but stress that there’s room for improvement, despite outpacing neighboring countries like Nigeria, Guinea, and Sierra Leone, which passed their RTI laws earlier.
Accordingly, Sulemana Braimah, Executive Director of the Media Foundation for West Africa MFWA, cautions that while the 4.46% rejection rate seems low, it’s crucial to examine the type of information being withheld under the RTI Act’s exemption clause, as this could have significant implications for public access to critical information.
“If I write to the Birth and Death Registry and I say I want to know the number of deaths that were registered in 2023 or 2024 and they grant that, fine it is useful. But it is different from…applying for [information on] a contract between the Ministry of Finance and, let’s say, GRA or SML which involves colossal sums of money and we not being granted that request”.
Sulemana Braimah
Sampson Lardy Anyenini, a legal expert, concurs with Sulemana Braimah, stating that the RTI Act’s exemption clause is being misused, and the lack of accountability from leaders has exacerbated the issue, allowing abuse to go unchecked.
Sampson Lardy Anyenini also pointed out that despite the RTI law taking precedence over internal institutional laws, many institutions continue to flout this rule, prioritizing their regulations over the RTI law, thereby undermining its effectiveness
“My expectation has been that the President will condemn these institutions, the Information Ministry and significant persons in government will condemn these particular institutions and call them to book…”
Sampson Lardy Anyenini
Furthermore, Mary Addah, Ghana Integrity Initiative’s (GII) Executive Director, highlighted that while the RTI law is effective, a key gap is institutions’ failure to comply with Section 2, which mandates proactive disclosure, instead of opting for reactive disclosure.
“As we sit, we do not have any standardized measure for institutions disclosing information publicly for citizens to have access to. If we had proactive disclosure in the law, then it means public institutions will be disclosing information civil society and the media require… it will make things easy as we won’t have to go looking for such information”.
Mary Addah
Effective RTI Implementation: A Collaborative Approach
Successfully implementing the RTI Act demands a comprehensive and collaborative approach, engaging diverse stakeholders and employing a range of strategies to ensure its effective execution and maximize its impact.
As such, public education and awareness campaigns are crucial to inform citizens about their rights and responsibilities under the Act. This can be achieved through media campaigns, public forums, and community engagement.
Furthermore, the capacitating the RTI Commission is essential to oversee the implementation of the Act and ensure that public institutions comply with its provisions. The Commission should have the power to investigate complaints, impose penalties, and guide public institutions.
Additionally, public institutions must develop RTI implementation plans and procedures to guide the processing of information requests. This includes designating RTI officers, establishing record-keeping systems, and providing training for officials.
Moreover, the Act should be reviewed and reformed regularly to address challenges and obstacles. This includes updating the Act to reflect emerging issues, such as digital governance and data protection.
Likewise, collaboration and partnerships among public institutions, civil society organizations, and other stakeholders are vital to promote the effective implementation of the Act. This includes sharing best practices, providing technical assistance, and engaging in advocacy and awareness-raising activities.
Also, monitoring and evaluation are essential to assess the effectiveness of the Act and identify areas for improvement. This includes tracking the number of information requests, response rates, and the types of information requested.
Ensuring the proper implementation of the Right to Information Act 2019 requires a multi-faceted approach that involves public education, institutional mechanisms, implementation plans, review and reform, collaboration and partnerships, and monitoring and evaluation.
By dint of adopting this approach, Ghana can promote transparency, accountability, and good governance, and ensure that citizens enjoy their right to information.
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