Twenty-five groups, including the Ghana Bar Association, the Association of Ghana Industries and the Ghana Medical Association, have urged passage of a freedom of information law in Ghana.
The groups called on the Attorney General and Minister for Justice to expedite the drafting of amendments to the bill, according to the Ghana News Agency.
“We call on Parliament, without further delay, to pass the Bill, with the relevant amendments into law and for the President to give his assent to the Bill,” the groups said in a communiqué Nov. 15.
The communiqué emerged from a Nov. 12 workshop in Accra organized by the Coalition on the RTI, Ghana.
The bill is still before the Select Committee on Constitutional, Legal and Parliamentary Affairs, which has suggested amendments. The RTI Coalition has said many changes need to be made to the bill.
Text of the Communique
We, the representatives of various professional bodies and associations meeting at a workshop on the Right to Information, with the theme, ‘an Effective RTI Legislation, a Necessary Tool for development’, organized by the Coalition on the Right to Information, Ghana do hereby adopt this communiqué as follows:
The citizens’ right to information as guaranteed by the 1992 Constitution is a fundamental human right subject not to the inclinations and dictates of any individual or authority but to those limitations that are necessary in a democratic society as prescribed by law;
The Ghana Right to Information Bill, 2010 which seeks to provide concrete legal mechanisms and procedures by which all persons can exercise and assert the right to access information in the custody of public institutions and categories of private bodies was resubmitted to Parliament on 12th November 2013. It was subsequently referred to the Select Committee on Constitutional, Legal and Parliamentary Affairs for scrutiny.
The Select Committee, after series of consultations with civil society organizations and other stakeholders proposed revisions to the content of the Bill in line with the African Union Model Law and the Options Paper submitted to the Committee by the Coalition. These proposals by the Committee if endorsed by Parliament will be a huge step towards the passage of a strong RTI Bill that will add to Ghana’s credentials of being one of the shining examples of democratic practice in Africa.
The key revisions proposed by the Select Committee include the following:
1. The long list of exemptions, which has now been subjected to a harm test, thereby banishing blanket exemptions from the Bill and further strengthening the proactive disclosure clause.
2. Reduction of excessive timelines for granting access to information;
3. Inclusion of the establishment of an independent oversight Commission to oversee implementation of the Bill when passed, instead of the office of the Attorney General and Minister for Justice being responsible for implementation;
4. A simplified appeal process which will require the review of applications refused by any public institution to be submitted to the independent oversight commission instead of the Supreme Court
5. Inclusion in the definition of ‘public institution’, private bodies that utilize public funds or carry out public functions;
6. A fees regime that is limited to the cost of reproduction of the information requested for; amongst others.
We believe that any access to information law should be consistent with the very clear provisions of Article 21(1) (f) of the 1992 Constitution and that a strong right to information legislation in Ghana will help to consolidate our democracy and build public confidence in our public institutions.
Having deliberated on the importance of an RTI legislation and the impact it will have on the socio economic development of our nation, political participation and accountability, we hereby unanimously endorse:
– The revisions proposed on the Bill by the Select Committee on Constitutional, Legal and Parliamentary Affairs;
– That Parliament and the general public should support these proposals by the Select Committee so that as a country we do not retrogress in our steps towards the passage of a law that will help protect the integrity of our public institutions, promote participation, transparency and accountability in public life;
– That the Attorney General and Minister for Justice should expedite the drafting of the relevant amendments to the Bill and ensure that the amendments faithfully capture the deliberations and decisions of the Select Committee.
We resolve to take various actions within the remit of the law to mobilise our constituent members and Ghanaians in general in support of an effective and robust right to information law as proposed by the Select Committee.
Finally, we call on Parliament, without further delay, to pass the Bill, with the relevant amendments into law and for the President to give his assent to the Bill.
This communiqué was endorsed on Wednesday, 12th November 2014 by the following associations and professional bodies:
GIBA
Institute of Chartered Accountants
Institute of Public Relations Ghana
Ghana Institute of Planners
NAGRAT
MUSIGA
Importers Association
PRINPAG
All Africa Students Union (AASU)
University Students Association of Ghana
Ghana Union of Professional Students
Pharmaceutical Society of Ghana
Association of Ghana Industries
LAPAG
National Catholic Secretariat
Architects Registration Council
Ghana Institute of Architects
POTAG
Ghana National Association of Small Scale Miners
Association of Building and Civil Engineering Construction Ghana
Ghana Medical Association
Ghana Bar Association
GPRTU
NUGS
Federation of Muslim Council
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