THE RIGHT TO KNOW AND THE THE RIGHT TO KNOW AND THE APRMAPRM -- PERSPECTIVES FROM PERSPECTIVES FROM

GHANAGHANA

BENTLEY’S COUNTRY LODGEBENTLEY’S COUNTRY LODGE

PRETORIAPRETORIA

29th September, 200429th September, 2004

NANA OYE LITHUR, CHRI AFRICA OFFICENANA OYE LITHUR, CHRI AFRICA OFFICE

THE RIGHT TO KNOW IN THE RIGHT TO KNOW IN GHANA, LEGAL FRAMEWORKGHANA, LEGAL FRAMEWORK

• Article 21(1)(f) of the 1992 Article 21(1)(f) of the 1992 Constitution guarantees the right to Constitution guarantees the right to information in Ghana, subject to laws information in Ghana, subject to laws necessary in a democratic societynecessary in a democratic society

• Draft Freedom of Information Bill, Draft Freedom of Information Bill, 20032003

• State party to ICCPR, AfCHPRState party to ICCPR, AfCHPR

• Adopted Rio, World Summit POAAdopted Rio, World Summit POA

THE RIGHT TO INFORMATION THE RIGHT TO INFORMATION ACT 2003ACT 2003

The Objective of the Bill is to provide for the right of access to information held by government subject to exemptions and protection of public interest

Every person has a right of access to information under the control of government unless information falls within exemptions stipulated by law 

THE RIGHT TO INFORMATION THE RIGHT TO INFORMATION ACT 2003ACT 2003 -- EXEMPTIONSEXEMPTIONS

Government is responsible for making information on their governance available to the people, some information is exempt, these include information from:

- President and V. President’s office;- Cabinet;- Law enforcement, public safety and

national security;- International relations;- Defence of the country;- economic and other interests.

CRITIQUE OF THE BILLCRITIQUE OF THE BILL

• Bill seems to focus on regulating disclosure Bill seems to focus on regulating disclosure and production of info instead of ensuring and production of info instead of ensuring maximum disclosuremaximum disclosure

• Does not contain any penalty provisions in Does not contain any penalty provisions in case custodian refuses to provide informationcase custodian refuses to provide information

• No monitoring body appointed to supervise No monitoring body appointed to supervise operation of the law compare to SAoperation of the law compare to SA

• No suo moto disclosuresNo suo moto disclosures

LAWS RESTRICTING ACCESS LAWS RESTRICTING ACCESS TO INFORMATIONTO INFORMATION

Some statutes and regulations which seek to prevent the unauthorised disclosure of information include:

• State Secrets Act,1967(Act 107)

• Civil Service Law, 1993(PNDCL327)

• Civil Service Interim Regulations,1960(LI 147)

• Armed Forces Act,1962(Act 105)

• ArmedForces(Court-

MartialAppealCourt)Regulations,1969(LI1662)

THE APRM AND GHANATHE APRM AND GHANA

Ghana was the first African country to submit itself to voluntary assessment under the APRM. Catalogue of processes undertaken so far:

- Inauguration of National APRM Governing Council by the President of Ghana-March 18 2004

- Setting up of GC Secretariat-Dr Francis Appiah

- Appointment of Technical Review Teams

- Hosting of APR Support Mission-Dr Chris Stals

- National Stakeholders Forum and Workshop-May 2004

THE APRM AND GHANATHE APRM AND GHANA

• Data collection and consultation by technical Data collection and consultation by technical team followed by review and validationteam followed by review and validation

• Special sensitisation programmes for govt, Special sensitisation programmes for govt, media, political parties, youth, security media, political parties, youth, security agencies, Chief Directorsagencies, Chief Directors

• APRM newsletterAPRM newsletter• Regional sensitisation workshops-to inform Regional sensitisation workshops-to inform

stakeholders on work of technical review teamsstakeholders on work of technical review teams– Radio programmes in regions (provinces)Radio programmes in regions (provinces)– Workshop attended by traditional leaders, civil Workshop attended by traditional leaders, civil

society, DCEs, govt. officers, women groups etc.society, DCEs, govt. officers, women groups etc.

APRM IN GHANA AND APRM IN GHANA AND ACCESS TO INFORMATION: ACCESS TO INFORMATION: APPROACHAPPROACH• Access to/disclosure of information Access to/disclosure of information

on the APRM process in Ghanaon the APRM process in Ghana

• dissemination of information to dissemination of information to stakeholders and general publicstakeholders and general public

• RTI content analysis of APR RTI content analysis of APR questionnairesquestionnaires

Dissemination of Dissemination of information on APRM information on APRM process in Ghanaprocess in Ghana

• Generally all processes well disseminated Generally all processes well disseminated in the media using traditional mediums of in the media using traditional mediums of radio, television and print, still leaves out radio, television and print, still leaves out some rural folk who do not have access to some rural folk who do not have access to traditional mediumstraditional mediums

• Have been conducting regional toursHave been conducting regional tours

• Basically events they organize are Basically events they organize are reported by media, no publication of reported by media, no publication of timetable and processestimetable and processes

ACCESS TO/DISCLOSURE OF ACCESS TO/DISCLOSURE OF INFORMATIONINFORMATION

• Not tested, have personally received all Not tested, have personally received all requested info at the Secretariat, but requested info at the Secretariat, but may be due to relationshipmay be due to relationship

• main challenge in collecting data for APR main challenge in collecting data for APR has been uncooperative nature of has been uncooperative nature of ministries depts., and agencies in making ministries depts., and agencies in making government documents available to government documents available to technical teams process fallen behind technical teams process fallen behind schedule because of thisschedule because of this

Content analysis: assessing Content analysis: assessing implementation and integration of implementation and integration of RTI as a human right in GhanaRTI as a human right in Ghana• Access to information not integrated in Access to information not integrated in

questionnaires, not listed as a human questionnaires, not listed as a human right or not listed at allright or not listed at all

• After intervention at the stakeholders After intervention at the stakeholders workshop included in APRM democracy workshop included in APRM democracy and good governance, corporate and good governance, corporate governance questionnairegovernance questionnaire

• Not mentioned in the two other Not mentioned in the two other questionnairesquestionnaires

CONTENT ANALYSIS CONTD.CONTENT ANALYSIS CONTD.

• Good governance: under human rights Good governance: under human rights how free access to info enjoyedhow free access to info enjoyed

• Corporate governance: measures Corporate governance: measures available to access info by stakeholdersavailable to access info by stakeholders

• Indirect Indirect Economic governance: Extent Economic governance: Extent to which govt relies on groups as to which govt relies on groups as source of input in planning source of input in planning macroeconomic outlookmacroeconomic outlook

• Socio-economic :nothingSocio-economic :nothing

RTI/APRM CHALLENGERTI/APRM CHALLENGE

PROCURING INFORMATION FROM GOVERNMENT

CONSEQUENCES

OTHERWISE VALUABLE INFORMATION MISSED OUT OF APRM PROCESS DELAY IN APRM PROCESS

INACCURATE INFORMATION MAY AFFECT OUTCOME

CONCLUSIONCONCLUSION

• NEED TO STEP UP ADVOCACY FOR INTEGRATING NEED TO STEP UP ADVOCACY FOR INTEGRATING THE RIGHT TO INFORMATION IN ALL THE RIGHT TO INFORMATION IN ALL GOVERNANCE PROCESSES ON THE CONTINENT IF GOVERNANCE PROCESSES ON THE CONTINENT IF THE APRM IS TO SUCCEEDTHE APRM IS TO SUCCEED

• GHANA’S EXPERIENCE HAS MADE ME REALISE GHANA’S EXPERIENCE HAS MADE ME REALISE THE IMPORTANCE OF ENFORCING THE RIGHT TO THE IMPORTANCE OF ENFORCING THE RIGHT TO INFORMATIONINFORMATION

• RTI ORGANISATIONS SHOULD TAKE AN INTEREST RTI ORGANISATIONS SHOULD TAKE AN INTEREST IN APRM PROCESS TO FACILITATE ITS ACCURACY IN APRM PROCESS TO FACILITATE ITS ACCURACY AND SUCCESSAND SUCCESS

• COUNTRY REPROTS WILL PROVIDE A WEALTH OF COUNTRY REPROTS WILL PROVIDE A WEALTH OF VERIFIED INFO FOR RTI ADVOCACYVERIFIED INFO FOR RTI ADVOCACY

CONCLUSIONCONCLUSION

ENTRENCH RIGHT TO INFO

+

ADVOCACY