Liberia: Govt. Pushed to Enforce FOI Law

20 September 2024

Monrovia — The Independent Information Commission of Liberia urges the government to ensure full and effective implementation and enforcement of the FOI Law.

The Commission says, the ultimate value of the FOI law rests in its use, and that only by government ministries and agencies observing their responsibilities under the law, will citizens become empowered to seek and make a request for information, and by that the benefits of access to information can be fully enjoyed.

Speaking to The NEW DAWN recently, the Commissioner of the Independent Information Commission, Joash Togar Hodges, revealed that to become more involved in guaranteeing a transparent and accountable government as promised by President Boakai, the Commission is collaborating with institutions under the government's Transparency and Accountability Sector to work on the sector's portion of the National Development Plan that is being formulated.

"As part of the plan, the IIC will expand to ensure administrative effectiveness. To do so, the Commission has already started working with the Governance Commission to do just that", he reveals.

He adds that the Commission is seeking to decentralize its programs and activities across the country by establishing Freedom of Information Hubs in all 15 counties.

He explains that these Hubs will facilitate public awareness of citizens' rights to information, promote and monitor compliance, receive and channel FOI complaints from the counties to the Commission, and provide feedback from the Commission to the counties.

Additionally, he says the Commission will establish Freedom of Information Resource Center, a national repository where the public can access basic information about the government and its functionaries.

Mr. Hodges continues that the Commission will also develop an online digital portal connecting several ministries and agencies where the public can file requests for information and receive prompt responses.

The Independent Information Commission (IIC) was established fourteen years ago. On September 16, 2010, the Government of Liberia signed the passage of the Freedom of

Information (FOI) Law establishes the Independent Information Commission as the statutory body responsible for its implementation.

The passage of the law aims to improve the country's democracy, accountability, and transparency through public access to information.

Access to information is a right guaranteed under Article 19 of the Universal Declaration of Human Rights, Chapter 9 of the African Charter on Human and Peoples' Rights, and Article 15c of the 1986 Constitution of Liberia, which states that: "In pursuance of this right, there shall be no limitation on the public right to be informed about the government and its functionaries."

However, the Commission has the authority to ensure the implementation of the FOI Law of 2010 by providing oversight to a technical secretary to ensure that government institutions and private institutions receiving public funds or rendering services are in full compliance with the Act establishing the Commission.

To be in full compliance, Commissioner Hodges says all heads of ministries, autonomous agencies, public corporations, commissions, and private bodies supported in whole or part by public resources to are mandated under the Freedom of Information Laws of Liberia to firstly, appoint or designate one staff member to serve as Public Information Officer (PIO) as enshrined in Chapter 3, Section 3.6 of the FOI Act.

The POI's overall responsibility is to receive requests for information held by the authority or entity and coordinate the authority or entity's response(s) to all information requests made to the institution.

Secondly, an internal information request review body must be established as required under Chapter 6, Section 6.2 of the FOI Act. "This Review Body, in essence, is the first step or mechanism through which a requester of information who receives a negative decision or action regarding a request for information or who believes that the transfer of his/her request or the fees charged by the ministry, agency, or private entity are inconsistent with the FOI law can seek redress."

Furthermore, he says it establishes and maintains a regularly updated and widely accessible user-friendly publication scheme (Website and Social Media outlets) as mandated in Chapter 2, Section 2. 1 of the FOI Act. He claims this will address the aspect of the FOl law that calls for automatic publication or "proactive disclosure" of information, alleviating the burden on public information officers of time-consuming and costly searches for documents to satisfy the public request for information.

Finally, to submit the FOl Activities Report annually to the Independent Information Commissioner as indicated in Chapter 5. Section 5.3 of the FOI Act.

"These are vital information needed by the Independent Information Commission to inform the Information Commissioner Status of the Implementation of the FOI law report to the National Legislation annually as required. Chapter 5, Section 5.4 of the Act."

Meanwhile, he notes that advancing the rights of access to information is a joint responsibility between the government and its citizens.

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