A journalist experience with Right to Information Bill

Accra, Nov. 10, GNA - Kwame Odjatanan, 24, was handed over a letter by his Editor to attend a two-day workshop for media practitioners on: “Averting the resource curse: The role of the media in the emerging oil industry in Ghana,” in Accra.

Filled with self-pity he jumped into a public commuter bus the next day and was at the venue grounds where he met colleagues and veteran journalists who were nosing around to see how relevant a workshop organised by WACAM, a civil society organisation (CSO) and Oxfam America, a non-governmental organisation is to their professional lives.

Listening to long but at times interesting lectures about the need for transparency and accountability in the oil and gas industry in Ghana; and the resource curse; lessons from the mining sector, Odjatanan instantly became a disciple of the Right to Information Bill (RTI) being advocated by a number of CSOs.

The budding Journalist got to know that transparency is all about unfettered access by the public to timely and reliable information on decisions and performance of public institutions.

Mr Daniel Owusu Owusu-Koranteng, Executive Director of WACAMmade the day of Odjatanan when he said: “A vibrant media is a big asset to a nation like ours (Ghana) which is at the cliff so that we avoid making the mistake of taking a single step forward, which would send us tumbling into a bottomless pit of a resource curse…We have hope in our media in their right to protect national interest.”

Dr Doris Yaa Dartey, Communications Consultant, Educator and Journalist put it aptly that the media role should be the creation of awareness and not to engage in propaganda or mischief. Journalists should question the status quo.

After all, public officers have the obligation to be accountable by reporting on the usage of State resources. There is also the need for strong enforcement mechanisms to sanction wrong doing.

The right to information is a fundamental human right guaranteed by the Constitution and is recognised as a right by international conventions on human rights.

A Memorandum on the RTI points to Article 21 (f) of the Constitution that provides that “All persons have the right to information subject to such qualifications and laws as are necessary in a democratic society…”

The right to information facilitates good governance;ensures truthfulness and transparency and reduces corruption to the minimum because the actions of personsin authority are subjected to public scrutiny.

Conventions on Human Rights such as the African Charter on Human Rights, the European Convention on Human Rights and the International Covenant on Civil and Political Rights provide guidelines on the importance ofRight To Information.

Theunderlying factor in the qualifications to the right of information is the need for one to protect the safety and integrity of the State and the privacy of individuals.

Article 12 (2) of the Constitution states: “Every person in Ghana , whatever his race, place of origin, political opinion, colour, religion, creed or gender shall be entitled to the fundamental human rights and freedoms of the individual contained in this Chapter, but subject to respect for the rights and freedoms of others and for public interest.”

The required qualification to the right to information finds expression in the bill through the exemptions and protection from disclosure of various kinds of information.

The bill deals with two broad subject areas, including information held by government agencies as well as miscellaneous matters.

Clause 1 provides for access to official information held by a government agency. Except for information specified as exempt information, a person has a right of access to information held by government agencies and does not need to give a reason for the request for access unless that person requests that the application be treated with urgency.

Maximum disclosure in relation to governance is provided for in clause 2, which requires the government to make non-exempt information on governance available to the public without the need for an application. This provision is meant to ensure transparency.

Information from the Office of the President or Vice President, which would reveal information concerning opinion, advice, deliberation, recommendations, minutes or consultations are exempted from disclosure.

For instanceinformation prepared for submission to Cabinet or for consideration is exempted for public consumption. Information relating to law enforcement, public safety and national security, information affecting international relations, economic and any other sensitive materials are banned from disclosure.

The 30- page Memorandumspans access to official information, compilation and publication of manual on information of an agency, exempt information, procedure for access, amendmentof personnel records of an agency, internal reviews and appeals and general and miscellaneous provisions.

In India the RTI (Act 2005) requires every public authority to computerise their records for wide dissemination and pro-actively publish certain categories of information so that citizens may need minimum recourse to request information formally.

Information disclosure in India was hitherto restricted by the official secrets Act (1923).

The 1992 Constitution of Ghana is one of the few in the world that guarantees RTI. It is the right to freedom of speech and expression but also a right necessary for the exercise of civil, political and socio-economic rights.

CSOs have stepped up their appeal and pressure on government to expedite action on the passage of the bill, which has exceeded its stay in parliament.

Some of the CSOs championing the cause are the Coalition on the Right to Information, CommonwealthHuman Rights Initiative and Ghana National Education Campaigning Coalition.

It is the hope of advocates of the law including journalists that parliament will pass the bill before members rise for Christmas. They are counting on the stitch in time.

GNA feature by Nana Kodjo Jehu-Appiah
GNA