RTI: Empowering People with the Right to Information

What is the Right to Information (RTI) Act, and Why Does It Matter?

Introduction to Right to Information (RTI)

In today’s fast-paced and interconnected world, access to information is crucial for democratic governance. The Right to Information Act (RTI) empowers citizens to demand transparency and accountability from their governments. Enacted in Ghana in 2019, the RTI Act is changing how Ghanaians interact with public institutions, ensuring that everyone can access critical information.

What is the RTI Act?

The Right to Information Act provides individuals with the legal right to access information held by public institutions. In Ghana, the RTI Act serves two primary purposes: first, to promote transparency, and second, to ensure accountability in governance:

1. Promoting transparency by making government decisions and activities open to public scrutiny.
2. Empowering citizens to use information as a tool for monitoring governance and fostering accountability.

Key Provisions of the RTI Act in Ghana

1. Right to Access Information: Citizens can request information from public institutions without needing to justify their reasons.
2. Timeframe for Response: Institutions are mandated to respond to RTI requests within 14 days.
3. Exemptions: Certain types of information, such as those related to national security or personal privacy, are protected under the law.
4. RTI Commission: A dedicated commission oversees the implementation of the Act and addresses disputes.

Why Does the RTI Act Matter?

1. Enhancing Transparency: The RTI Act sheds light on government spending, contracts, and projects, reducing the risk of corruption.
2. Strengthening Accountability: With access to information, citizens and journalists can hold public officials accountable for their actions.
3. Fostering Citizen Participation: The Act encourages Ghanaians to engage in governance by making informed decisions and advocating for their rights.
4. Promoting Good Governance: Transparent systems inspire trust in government and attract investments.

Examples of RTI in Action

1. Education: Parents can use the RTI Act to access information on school budgets and teacher allocations in their communities.
2. Infrastructure: Communities can request details about road construction projects to ensure proper use of public funds.
3. Healthcare: Citizens can investigate medical supply chains to address shortages in hospitals.

The Journey of Ghana’s Right to Information Act: Strides and Struggles    

Ghana’s Right to Information (RTI) Act reflects the nation’s commitment to democratic ideals in promoting transparency and accountability. Enacted in 2019, the RTI Act ushered in a new era, allowing citizens to freely access public information. This change was expected to strengthen governance and empower the populace.

Early Days and Implementation

The RTI Act’s journey began long before its enactment, with advocacy efforts starting in 2002. After nearly two decades of persistent lobbying and civil society campaigns, the law was finally passed, marking a significant milestone for freedom of information in Ghana. This achievement highlights the power of sustained advocacy and the determination of those who fought for transparency and accountability.

Progress and Achievements

Five years into its implementation, the RTI Act has made significant progress. The former information minister, Kojo Oppong Nkrumah, acknowledged the success of the journey, despite its challenges. Over 1,000 public institutions have established information units, and more than 320 institutions now receive technical support from the Access to Information (ATI) Division.

Public engagement has surged, with information requests rising by 974% between 2020 and 2021, and a further 217% between 2021 and 2022. This upward trend continued through 2023, reflecting a growing public interest in government affairs and a strong desire for greater transparency.

Challenges and the Road Ahead

Despite these successes, the RTI Act still faces hurdles. Resource constraints and the ongoing need for more public education remain significant challenges. To address these issues, the RTI Commission has imposed penalties on institutions that failed to comply with information requests, highlighting the need for a stronger enforcement mechanism.

Looking ahead, the Ministry of Information plans to launch an online system for RTI requests, which could streamline the process and make it more accessible to the public. This digital leap could help overcome some current operational challenges and improve the flow of information.

Despite its potential, the RTI Act faces several hurdles:

• Low Awareness: Many Ghanaians remain unaware of their rights under the Act.
• Administrative Delays: Institutions often struggle to meet the 14-day deadline for responses.
• Cultural Barriers: Some officials view information as a privilege rather than a right.

The Way Forward

To fully realize the benefits of the RTI Act, Ghana must:

1. Increase Awareness: Public campaigns can educate citizens about the Act and how to use it.
2. Strengthen Capacity: Providing training and resources for public institutions can improve compliance.
3. Leverage Technology: Online platforms can streamline the RTI request process, making it more efficient and user-friendly.

Conclusion

The Right to Information Act is a game-changer for Ghana’s democracy. By granting citizens the power to access information, it lays the foundation for transparency, accountability, and good governance. As we embrace this transformative tool, let us remember the slogan of InformedGhana.com: Be Informed.

FAQS ON THE SUBJECT OF RIGHT TO INFORMATION

What is the Right to Information Act?

Answer

The Act aims to implement the constitutional right to access information held by public institutions. However, it is subject to exemptions that are necessary and consistent with protecting the public interest in a democratic society. Additionally, the Act seeks to foster a culture of transparency and accountability in public affairs, while also addressing related matters.

Takeaways:

• The rights may be exercised through an application made in accordance with Sec. 18.
• A person may apply for information without stating any reason for the application Sec. 1(3)
• Despite Sec. 1(3), where an applicant requests that the application be treated urgently, the applicant shall state the reason for the urgency. Sec. 1(4)
• The Act guarantees the General Public access to Information from public institutions and relevant private bodies.
• Access to information is a right under article 21 paragraph(f) of clause (1) of the 1992 constitution of Ghana.
• The Right to information law empowers all people to have access to information from public institutions and relevant bodies to promote a culture of transparency and accountability

Why is the RTI Act important?

Answer

The right to information helps us enjoy and protect our fundamental freedoms. Moreover, it makes institutions more transparent and accountable. It also improves service delivery from MDAs and MMDs, while encouraging public participation in matters that directly affect them.

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   Parliament passed the RTI Act to: 

• make it easier for people to enjoy the right to access information as it is provided by the 1992 constitution.
• create an obligation for public institutions and relevant private bodies to provide information when requested.
• create a way for educating the public about the RTI Act,2019 (Act 989).
• Act 989 gives the RTI commission the mandate to promote, monitor, protect and enforce the right to information that is granted to a person under Article 21 (1) (f) of the constitution.

Who qualifies to request/access information?

Answer

Section 1(1) states, “A person has the right to information, subject to the provisions of this Act.”

Based on section 1(1), any individual can apply for information from various public institutions. Whether the person is a Ghanaian or not; educated or illiterate; poor or rich, etc. The underlined word in the section is a person.

How should one request to access information?

Answer

• Put your request into writing to the public institution. Sec. 18 (1)(a)
• Where an applicant is unable to make the application in writing due to illiteracy or disability, the applicant may make the request orally [Sec. 18 (2)], which will be reduced into writing by the Information Officer to whom the application is made, who shall give a copy of the written request as recorded and duly authenticated to the applicant. Sec. 18 (3)
• The application should contain sufficient description or particulars to enable the information to be identified by the information officer. 18 (5)
• Indicate the form and manner of access required Sec. 28

Who should one contact when requesting information? Or a person to deal with applications?

Answer

Sec. 19 states: “an application shall be dealt with by the information officer to public institution”.

Sec. 72 explains who an information officer is.

Do all organizations qualify as Public Institutions?

Answer

Sec. 84 explains a public institution as “public institution includes a private institution or a private organization that receives public resources or provides a public function”.

Should all information held by Public Institutions be made available to the Public?

Answer

NO. Sec. 5 – 16 states information that are exempt from disclosure.

List of exempt information.

• information for the President or Vice-President
• information relating to law enforcement and public safety.
• information affecting international relations.
• information that affects the security of the state.
• economic and any other interest
• economic information of third parties
• information relating to tax
• internal working information of public institutions
• parliamentary privilege, fair trial, contempt of court
• privileged information
• disclosure of personal matters.

According to Sec. 17, exempt information is not absolute. Exemption information can be granted access based on Sec. 17 (1) (a-e)

Is there a governing body that oversees the implementation of the Acts?

Answer

Yes. That is the Right to Information Commission

Sec. 43 – 45 states the functions of the Right to Information in the implementation of the RTI Act

Can a request be denied?

Answer

Yes, based on section 27 of the RTI Act.

When an application is denied, what should the applicant do?

Answer

When access to information is denied, applicants may seek internal review from the head of the institutions to which they made the application within Thirty (30) days. Sec. 31

If an applicant is not satisfied with the response from the head of the institution, the applicant can seek another review of his or her application from the RTI Commission (Sec. 65), if still not satisfied with the response from the commission, the applicant may go further to the high court to appeal.

Should one provide reasons for requesting information in the application?

Answer

No. according to Sec. 1(3). Despite Sec. 1 (3), where the applicant requests that the application be treated urgently, the applicant shall state the reason for the urgency.

What is the timeframe for processing an application?

Answer

An information Officer shall take a decision on the application and send a written notice to the applicant within fourteen days of the date of receipt of the application. Sec 23.

What is the difference between Access to Information Division and the Right to Information Commission?

Answer

Parliament established the RTIC to facilitate access to information, promote awareness among citizens about their right to access information, and ensure public institutions fulfill their obligation to disclose information. Its mission is to build an informed citizenry, promote transparency regarding information held by public institutions, and hold the government and its institutions accountable to all (Sec 40-64).

ATID was established and commissioned on the 17th of July 2020 within the Information Services Department (ISD) of the Ministry of Information. Initially, the Division served as a secretariat to support the implementation processes, and over time, it has taken on a more prominent role in facilitating these efforts.

The mandate of the Division is to train and deploy RTI Officers to Ministries, Departments, and Agencies (MDAs) & MMDAs, enabling them to facilitate access to information requests within their respective institutions. Additionally, the Division provides back-end support to RTI Officers in their daily activities. Furthermore, the ATI Division is responsible for fulfilling all other obligations assigned to the Minister under the RTI Act.