Unlocking Transparency – The Journey of Ghana’s Right to Information Law

By Priscilla Adu Kwakye

Every person in Ghana is entitled to fundamental human rights in the country as stated in the law of the land. The constitution says they shall be entitled to these rights and freedoms. One very important right enshrined in the Ghana constitution is the law that allows citizens and residents to access information held by public institutions.

Yesterday, Stephen Owusu, Head of Legal, Governance, Regulatory and Research at the Right to Information Commission visited African University College of Communications (AUCC) as distinguished speaker to speak to communication students on ‘The RTI Law: Implications, Provisions and Limitations’ and the pivotal role it plays in ensuring transparency and accountability in government operations.

This was the third MediaTalk held this semester at the college’s Auditorium to spell out the modalities to the ways we can access needed information.

The event provided an insightful platform for discussions on essential aspects of the law and its potential impact on transparency and accountability in the country. The presentation was informative and educative and interactive, giving participants the opportunity to ask questions for clarity.

In the heart of Ghana’s legal framework lies this fundamental human right that transcends race, origin, political opinion, color, religion, creed, or gender. Enshrined in the constitution, this right forms the bedrock of individual freedoms, as detailed in Chapter 21, Clause 1. Yet, despite its constitutional prominence, the specifics of accessing this right remained a vague territory.

The genesis of the quest for a tangible mechanism for access can be traced back to 1997 when the Institute of Economic Affairs and the University of Ghana tested the waters. Their application under Article 21, Clause 1 to the Bank of Ghana sparked a realization—the need for a legal framework for accessing information from various institutions.

Thus began the journey of the Coalition for the Right to Information, a collaborative force advocating for a detailed law outlining the modalities of accessing this constitutional right. The journey took two decades, witnessing multiple revisions, until in 2019, the Right to Information Bill finally became an Act of Parliament, now known as Act 989.

However, challenges persisted. A culture of secrecy, ingrained over the years, made it difficult for individuals to freely seek information. The Act aimed to change this narrative by providing a structured process for accessing information held by public institutions.

The significance of the Act was underscored by President Nana Akufo-Addo, who, having witnessed its legislative history, pledged to assent to it once passed by Parliament. True to his word, the Act, designed to ensure transparency, accountability, and empowerment through information, became law in 2019.

Act 989’s scope is comprehensive, allowing citizens, irrespective of nationality or age, to access information held by public institutions. While the law mandates that applicants can request information without providing a reason, those seeking urgent responses must substantiate their need.

The Act sets a normative processing time of 14 days for information requests, but urgency can expedite this to 48 hours, contingent on a convincing reason. Notably, the Act accommodates those who may be unable to write due to disability or illiteracy, allowing them to make verbal or in-person applications.

Crucially, every public institution is mandated to have an information unit led by an information officer, acting as a crucial link between the applicant and the institution. Denials of applications must be accompanied by explicit reasons, and dissatisfied applicants can trigger an internal review within 30 days by applying to the head of institution. The head of institutions has 15 days upon receipt for the application of the internal review to take a decision.

If an applicant comes to the Right of Information Commission and the commission gives a decision and the applicant is still dissatisfied, the law says that the applicant can go to the High Court (under section 36) for judicial review.

This comprehensive procedure, from the initial application to potential judicial review, underscores the Act’s commitment to transparency while respecting the legitimate concerns of public institutions. Act 989 stands as a milestone, a tool for Ghanaians to navigate the sea of information, holding institutions accountable and fostering a culture of openness in the nation.

This MediaTalk session was more than an intellectual exercise—it was a call to action. The AUCC community, through these interactive sessions, has been equipped with a deeper understanding of the modalities involved in accessing vital information. The RTI Law, discussed in detail, has become more than just legislation; it is now a tool wielded by citizens, empowering them to participate actively in governance.

As we conclude this feature, it’s evident that the journey from the testing of constitutional rights in 1997 to the passage of Act 989 in 2019 has been one of perseverance and dedication. The AUCC’s commitment to fostering a culture of openness and information access is a testament to the transformative power of education. The ripple effect of such engagements is not confined to the walls of the auditorium; it resonates in the minds of students, shaping the future of a more informed and empowered Ghana. The third MediaTalk at AUCC has not only educated but has also sown the seeds for a society that values transparency, accountability, and the right to information.