Public Agenda (Accra)
Basiru Adam
27 April 2009
analysis
Accra — Former President Kufour was tricky; he would mention in every one of his State of the Nation Address since 2005 that his government was committed to the passage of the Right to Information Bill into law. He never did. Indeed, the NPP had promised Ghanaians a law to that effect before it was voted into power in the year 2000. Thus the bill has been awaiting passage for some seven years now.
The NDC is now in power. They promised same in the manifesto on the back of which they won the 2008 elections: "The new NDC government shall enact into law the Freedom of Information Bill to facilitate access to official information, buttressing our commitment to disclosures."
But campaigners for the passage of the bill say they are now on the lookout and will not condone any attempt at paying lip service to the issue. Kojo Pumpuni Asante of the Centre for Democratic Development (CDD) would even refer to a Ghanaian adage that "A man once bitten by a snake is afraid of worms."
Thus, for them, the verbal assurances given by President Mills are not enough and that there is "the need to provide a clear timeline within which government intends to place the bill before Parliament to give a clear indication of its commitment to this cause."
"Previous excuses and delays employed in the past to hinder passage of this important bill should therefore not be seen to recur. In this regard, time is of the essence if this law is to achieve the necessary impact on the profile of governance in the country."
But what is it that makes political parties tinker with the idea of such a law and yet refuse to ensure its passage when they come to power? The belief among members of the Coalition on the Right to Information is that "corruption thrives in secrecy" and that any government that thrives on corruption is the least likely to broach the idea of such a law. Mr. Akoto Ampaw of the Ghana Bar Association who is also a spokesperson of the Coalition says that by avoiding such a law, governments avoid becoming accountable to the people on whose behalf they exercise their mandate.
But one of the most outstanding undertakings made by President Mills is to pursue probity and accountability, a catchphrase of the erstwhile AFRC, PNDC regimes which gave birth to the NDC.
Ugonnda Ikechukwu Duru is a programme officer with the Media Foundation for West Africa (MFWA). She says the issue has for ten years been pending in Nigeria, a country reputed to be so corrupt that its new government has set up a ministry to "re-brand" it. She equally believes that it is because governments are afraid of being haunted by the ills of their deeds that the shy away from a right to information law.
But another argument that the careful have raised is whether the mere passage of a law such as is being clamoured for in Ghana is enough to ensure the disclosure of information to the public. The coalition is well aware of this and admits that indeed, it has not been smooth sailing in a country like Ethiopia where the law exists. The law can exist alright, according to Kojo Asante of the CDD, and yet it could be drawn in a way as to deny the people the right to the very information it is supposed to guarantee them access to. In favour of what is right, he says, official information should be in the public interest to be made public unless it is in the same public interest that it remains secret and not the other way round which tends to be the case under some of the laws.
Mr. Asante equally believes that there are existing legislations in Ghana's statutes that could be counter to a Right to Information Act when one comes into force. He mentioned the State Secret Act and the Oath Decree among others as some of the laws that could hamper a smooth implementation of the right to information law. He would rather that a right to information law reigns supreme over these other laws.
The Coalition on the Right to Information is thus calling for an "expeditious" review of sections of the bill "consistent with international best practices" even before it goes to parliament for consideration. These include the need for an independent information commission or commissioner, instead of the Attorney-General, to be responsible for the enforcement of the bill when it becomes law." Such a commission, the coalition argues further, should be better placed to undertake the needed education of the members of the public as to make them alive to their right to official information. Such a commission should also be the one to monitor and ensure that government agencies comply with provisions of the law in favour of the people in whom the sovereign power of government is vested.
But here again, concerns that have come up include whether, in the belief that the people have a right to official information, government, whether directly or indirectly, can be trusted to ensure that the ordinary Ghanaian, most of whom are not educated, understands the issues at stake and be able to demand their rights thereof.
Can civil society, whilst calling for an "expeditious" review and passage of the bill, also take it upon itself and embark upon a massive 'grassroots level' campaign not only to educate the public but to even get the people to complement their efforts in fighting for a just cause?
But before the proposed commission comes into being the coalition wants the government to appoint information officers "to deal with information applications and the regular publication of information within those offices to aid public access. This is in view of the fact that, whether a specific law existed or not, members of the public have a constitutional right to information from official quarters.
But a proper records management system is required to ensure timely access to the right kind of information if the public demands one. The former Director of the Public Records and Archives Administration, Mr. Azangweo Cletus, believes that in the league of African nations, Ghana has not done badly in this regard. He however underscores the important correlation between access to information and how well that information is preserved.
There is also a correlation between the preservation of information and the tendency or otherwise of public office holders to be corrupt. For instance, says Mr. Azangweo, an official would be less likely to engage in an underhand dealing if he or she knows that it is easy for when and how they did what to be traced.
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