The process towards the passage of an efficient and effective Right to Information (RTI) legislation in Ghana has been ongoing for over a decade.
The Coalition, as part of its advocacy has engaged a wide range of stakeholders in an effort to increase public support for the passage of an effective Bill into law. However, the Coalition�s advocacy over the years has been directed and spearheaded only by Coalition members.
Until recently, very few professional bodies and associations have shown interest in citizen�s� right to information and consequently, the call for the passage of the Bill has only been by a few voices.
However,various professional /religious and other bodies came together to issue a communiqu� on the right to information on the 12th of November, 2014, at the La-Palm Royal Beach Hotel in Accra.
below is a copy of the communiqu� issued on the Right to Information
COMMUNIQUE ISSUED AT A WORKSHOP WITH PROFESSIONAL/RELIGIOUS AND OTHER BODIES ON THE RIGHT TO INFORMATION HELD ON 12TH NOVEMBER 2014 AT THE LA-PALM ROYAL BEACH HOTEL, ACCRA, GHANA
We, the representatives of various professional bodies and associations meeting at a workshop on the Right to Information, with the theme, �an Effective RTI Legislation, a Necessary Tool for development�, organized by the Coalition on the Right to Information, Ghana do hereby adopt this communiqu� as follows:
The citizens� right to information as guaranteed by the 1992 Constitution is a fundamental human right subject not to the inclinations and dictates of any individual or authority but to those limitations that are necessary in a democratic society as prescribed by law;
The Ghana Right to Information Bill, 2010 which seeks to provide concrete legal mechanisms and procedures by which all persons can exercise and assert the right to access information in the custody of public institutions and categories of private bodies was resubmitted to Parliament on 12th November 2013. It was subsequently referred to the Select Committee on Constitutional, Legal and Parliamentary Affairs for scrutiny.
The Select Committee, after series of consultations with civil society organizations and other stakeholders proposed revisions to the content of the Bill in line with the African Union Model Law and the Options Paper submitted to the Committee by the Coalition. These proposals by the Committee if endorsed by Parliament will be a huge step towards the passage of a strong RTI Bill that will add to Ghana�s credentials of being one of the shining examples of democratic practice in Africa.
President of PSGH- Pharm. James Ohemeng Kyei
President of the Ghana Medical Association- Dr. Kwabena Opoku-Adusei
Exe Secretary Importers and Exporters of Ghana- Asaki Samson Awingobit
The key revisions proposed by the Select Committee include the following:
1. The long list of exemptions, which has now been subjected to a harm test, thereby banishing blanket exemptions from the Bill and further strengthening the proactive disclosure clause.
2. Reduction of excessive timelines for granting access to information;
3. Inclusion of the establishment of an independent oversight Commission to oversee implementation of the Bill when passed, instead of the office of the Attorney General and Minister for Justice being responsible for implementation; 4. A simplified appeal process which will require the review of applications refused by any public institution to be submitted to the independent oversight commission instead of the Supreme Court
5. Inclusion in the definition of �public institution�, private bodies that utilize public funds or carry out public functions;
6. A fees regime that is limited to the cost of reproduction of the information requested for; amongst others.
We believe that any access to information law should be consistent with the very clear provisions of Article 21(1) (f) of the 1992 Constitution and that a strong right to information legislation in Ghana will help to consolidate our democracy and build public confidence in our public institutions.
Having deliberated on the importance of an RTI legislation and the impact it will have on the socio economic development of our nation, political participation and accountability, we hereby unanimously endorse:
- The revisions proposed on the Bill by the Select Committee on Constitutional, Legal and Parliamentary Affairs;
- That Parliament and the general public should support these proposals by the Select Committee so that as a country we do not retrogress in our steps towards the passage of a law that will help protect the integrity of our public institutions, promote participation, transparency and accountability in public life;
- That the Attorney General and Minister for Justice should expedite the drafting of the relevant amendments to the Bill and ensure that the amendments faithfully capture the deliberations and decisions of the Select Committee.
We resolve to take various actions within the remit of the law to mobilise our constituent members and Ghanaians in general in support of an effective and robust right to information law as proposed by the Select Committee.
Finally, we call on Parliament, without further delay, to pass the Bill, with the relevant amendments into law and for the President to give his assent to the Bill. This communiqu� was endorsed on Wednesday, 12th November 2014 by the following associations and professional bodies:
GIBA Institute of Chartered Accountants Institute of Public Relations Ghana Ghana Institute of Planners NAGRAT MUSIGA Importers Association PRINPAG All Africa Students Union (AASU) University Students Association of Ghana Ghana Union of Professional Students Pharmaceutical Society of Ghana Association of Ghana Industries LAPAG National Catholic Secretariat Architects Registration Council Ghana Institute of Architects POTAG Ghana National Association of Small Scale Miners Association of Building and Civil Engineering Construction Ghana Ghana Medical Association Ghana Bar Association GPRTU NUGS Federation of Muslim Council
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