Timely disclosure of information key to RTI efficacy

Accra, May 4, GNA - Mr Akoto Ampaw, Head of Ghana Bar Association's Human Rights Committee, on Monday described the 70-day requirement for accessing information as stipulated within the Right to Information (RTI) Bill as unduly long, stressing "timely disclosure of information is fundamental to the efficacy of RTI laws".

The Bill stipulates 21 days for the information officer to consider a request, another 14 days to produce the information, additional 21 days of possible extension if the information is large and finally another 14 days of possible extension if the information officer requires consultation.

Mr Ampaw said the Coalition on the Right to Information regarded the 21 days for consideration of a request as too long, and proposed "10 days for the consideration of a request, additional 14 days for the retrieval of the information and, if necessary, additional 14 days extension". He was speaking during the 9th Annual Constitution Week celebration in Accra organised by the National Commission for Civic Education (NCCE) on the general theme: "Beyond Elections: Citizens' Participation and Government Accountability."

The week seeks to focus on the Right to Information Bill, Election as an Essential Element of a Democratic Society and the Challenges of Building a Culture of Effective Citizens' Participation in the Contemporary Democratic Dispensation.

Mr Ampaw, who was the lead discussant, expressed disquiet about the "blanket exemptions" in the Bill, including information created by or in the custody of the Armed Forces or the security and intelligence agencies which relates to the security of the state and information affecting international relations and defence. He said these were too wide and prone to abuse by bureaucrats. He said Section 18 of the Bill should be expanded to include general "public interest". The section provides that ordinarily exempt information may be disclosed where disclosure reveals evidence of contravention of a law, a risk to public safety, health or the environment, miscarriage of justice or abuse of authority.

Mr Ampaw described the discretional inclusion of the private sector as unacceptable, stressing that instead the law should apply automatically to relevant "private" bodies. He expressed concern that the Bill did not cover the chieftaincy institution, which is public, and political institutions. "They ought to be accountable in the exercise of their public functions with public funds and donations." Mr Ampaw said in spite of the agitation of the Coalition for the speedy passage of the Bill into law, the group believed that a good bill was more desirable than a rushed and mutilated one passed into law. "It is necessary to generate the active involvement of civil society to assure an expansive RTI law that meets international best practice standards."

Nana Oye Lithur, African Regional Coordinator of the Commonwealth Human Rights Initiative (CHRI), said RTI Law strengthened and promoted transparency as well as accountability of government, which were vital weapons against corruption. She said "a sad commentary on our democracy was that almost 16 years into the Fourth Republic and Parliament has failed to ensure passage of the law."

Nana Oye said Government was an agent of the people and RTI facilitated and gave full effect to the participation of the people in the processes of governance, assured and enhanced probity and accountability as well as an important mechanism for securing social justice and the rights of the people.

Mr Kofi Marrah, an Official of the World Bank Country Office in Accra, who spoke on "Strategies for Effective Implementation of RTI Law - An International Perspective," said the Bank viewed issues of RTI within the framework of social accountability. He said RTI regime extended beyond citizens to the state itself, as it enhanced efficiency and effectiveness as well as improved decision making. "While passing a good RTI law is crucial, the implementing regulations are similarly important, as they effectively operationalise the law.