By Toby McIntosh
Ghana’s parliament has failed to pass a right to information bill despite years of promises by the president and government leaders.
Parliament rose on Nov. 3 without completing action on the RTI bill even though the legislation had advanced procedurally and was awaiting the third and final reading.
The Coalition on RTI blamed a “lack of political will.” It called the inaction “an indelible indictment on Parliament and “a missed opportunity for all Ghanaians, for the [National Democratic Congress] government and the country at large.”
Last-minute objections to the bill came from opposition members of Parliament, but they could have been overcome by the NDC majority in Parliament, according to the Coalition statement.
The failure to pass an RTI bill would appear to be an embarrassment to President John Dramani Mahama, although the strength of his commitment to the RTI bill has been questioned. Majority Leader Alban Sumana Kingsford Bagbin also had pledged to pass a bill before the Dec. 7 election.
The legislation could be raised again in a wind-up parliamentary session that occurs before this parliament dissolves in January 2017.
RTI Coalition Laments Close Call
In the final days of the parliamentary session, Attorney General Dominic Ayine took a major step to facilitate passage, introducing a bill inclusive of committee amendments on Oct. 18 (See FreedomInfo.org article.) She specifically wrote to Parliament requesting that the Bill be considered under a Certificate of Urgency. The bill was passed on second reading Oct. 27.
“The failure to pass the Bill by Parliament in the just ended sitting is particularly surprising and disappointing given the turn of events and the progressive steps taken within the last month by the AG and the Parliamentary Select Committee to ensure that the Bill was passed in this sitting,” the Coalition said.
However, the Coalition said “the momentum could not be sustained as the minority members of Parliament began to raise concerns over minor issues.”
The Coalition explained, “Some of the issues raised include the lack of quorum, but the Coalition’s monitoring of the consideration process indicated that some other Bills including loan agreements were passed despite the lack of quorum. That notwithstanding, given that the NDC government has the majority in Parliament, they could have used their numbers to pass the Bill if, indeed, they were keen on passing the law.”
International Promises Broken
The failure to pass an RTI bill defies the government’s international commitment to pass one “by December” of 2016 and contradicts Mahama’s statements on the international stage.
The promise of passage was made in the latest Ghana National Action Plan, prepared as a member of the Open Government Partnership. A similar promise in the first action plan, passage in 2013, also was not fulfilled. The government claimed that first goal had been “largely implemented,” but the independent OGP reviewer disagreed.
Inaction would also appear to be a personal embarrassment for the president, who has touted the right to information in various prestigious international arenas.
Recently he was the keynote speaker at the first celebration of International Day for Universal Access to Information sponsored by UNESCO. (See previous FreedomInfo.org report.) At the UNESCO conference in Paris Sept. 26, Mahama reiterated his support for passage an RTI bill in Ghana, but added, “I don’t know where it is.” He was also rather equivocal about the bill’s merits, commenting, “Some say if is too liberal, some say it is too tight.”
The Ghana RTI Coalition, in a Sept. 23 statement, termed UNESCO’s selection of Mahama as a speaker “ironic given that Ghana has failed for more than a decade to put in place an access to information legislation.” The Coalition hopefully added that the speech “presents an opportunity for the President to make concrete commitments on the passage of an effective and efficient RTI legislation before the current Parliament lapses in 2017.”
Dubious of his commitment, the RTI Coalition on Aug. 18 appealed to the president in a letter “asking him to intervene and expedite the passage of the right to information bill.” The letter recounted the bill’s history. (See FreedomInf.org report.)
In July, the Coalition commented, “There is nothing to show that the Executive is lobbying or working with Parliament to ensure that the Bill is passed before the elections.” (See FreedomInfo.org article.)
In June, Attorney General Dominic Ayine, indicated that the RTI Bill would be passed by July 22.
In May, Mahama in a World Press Freedom Day speech in Finland noted that public access to information is now a international development goal, but he did not commit to passing the slow-moving bill in Ghana. (See FreedomInfo.org article.)
Early Warning
Hints about potential hurdles for the RTI bill came in late September of 2016 from Majority Chief Whip Alhaji Muntaka Mubarak as reported by Joy News. Speaking in reaction to the silent protest by advocates for the bill, he said:
“…And now some people want to say that the President should do something about it…what would you want the President to do? To come and force us [Parliamentarians]? The President could be frustrated but the president doesn’t control Parliament.”
He insisted that Parliament will not “rush things” and will allow their members to contribute if they find any controversial clauses in the bill.
Regional Coordinator of the Commonwealth Human Rights Initiative, Mina Mensah, Secretariat for the RTI Coalition, questioned whether the bill was being prioritizing.
“If they are saying that because they want to do a good job so the Bill should be dragged, then are they saying the Select Committee did not do a good job?” she said, according to Joy News. The article said, “She urged the legislators to walk it like they talk it `… and stop giving the rhetoric.’ “
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