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“Democracy cannot meaningfully function without an informed citizenry, and such a citizenry is impossible without broad public access to information about the operations of government-Ryan Shapiro”

The International Right to Know Day, now referred to as the International Day for Universal Access to Information (IDUAI) is celebrated every September 28 with the aim of encouraging the right of access to information for all people and the benefits of transparent governments and private bodies exercising a public function.

The Coalition on the Right to Information (RTI) Ghana, which has been championing the passage of the RTI Bill into law, joins the rest of the world today to celebrate the Right to Know Day without a specific RTI law in Ghana to outline how the right should be exercised after 26 years of democratic governance in Ghana.

Ghana’s 1992 Constitution recognized and guaranteed under Article 21(1)(f) that "all persons have the right to information subject to such qualifications and laws as are necessary in a democratic society". Though the right to access information has been enshrined in the Constitution, there is the need to have a legal framework to operationalise it (RTI Law). The RTI can only be effectively exercised and implemented on the basis of laws, regulating this right in accordance with international standards.

The Government through its officials have made several promises with timelines in respect to the passage of the RTI Bill. Notable amongst the promises included the former Minister for Information speaking at a public lecture organized to mark the International Press Freedom Day 2017 categorically stated “As per the calendar that we have sent to Parliament, it is in there that in the May to July 2017 Session of Parliament, the RTI Bill will be before them for debate and passage. It’s non-negotiable”, Yet it was not even laid that year let alone discussed to get it passed.

Subsequently in July 2017 President, Nana Akufo Addo’s himself as part of his key note address at the Africa Open Data Conference held in Ghana, noted “clearly, the role of open data in helping achieve all 16 SDG goals is critical… It is the intention of government also to ensure the long overdue passage of the Right to Information Bill by Parliament,” 

Again the President, on the 61st Independence Day Speech stated, “There is, however, one piece of the anti-corruption framework that is yet to be put in place: The Right to Information Bill. It would increase transparency, and add another critical weapon to the armoury in the fight against corruption. After many years of hesitation, we intend to bring a Bill again to Parliament, and work to get it passed into law before the end of this Meeting of Parliament”, (March 2018). We are yet to see these words put in action and the continuing delay of this all important law continues to have rippling effects.

The Special Prosecutor, Martin Amidu, recently complained about the difficulty in exercising his mandate as a result of lack of access to information. He said, “You ask for information you can’t get it, you ask for docket, the docket cannot be produced. You ask a minister for a record, the record cannot be produced. How do you fight corruption when those appointed by the president who has a vision are not coordinating with the office of the special prosecutor to achieve his mandate? That is the challenge we have to face.”How can the Office of the Special Prosecutor (OSP) combat corruption if it finds it difficult to access information when fighting corruption is “the vision of the President who championed the setting up of the Office”

The delay in passing a credible RTI Law raises serious questions about government's commitment to recognise the fundamental human right enshrined under Article 21(1) (f) of the 1992 Constitution and compel public officers to release information.

As we celebrate the Right to Know Day, the RTI Coalition as a matter of urgency is calling on all Ghanaians to demand from their representative of the People’s Assembly (Members of Parliament) to pass a credible  RTI Bill because it our  (citizens) democratic  right to know.

“Implicit in freedom of expression is the public’s right to open access to information and to know what governments are doing on their behalf, without which truth would languish and people’s participation in government would remain fragmented” — Mr Abid Hussain, UN Special Rapporteur, 1999.

Issued by the RTI Coalition, Ghana, September 28th, 2018

Contact the Coalition’s Secretariat (Commonwealth Human Rights Initiative, Africa Office) on 0266862395, 0302 971170