Understanding the access to information process

 Michael DUODU-SAKYIAMA

Access to information is a basic human right that allows people to fully participate in the governance of the country and hold duty bearers particularly those in public service accountable. The right to information, is enshrined in Ghana’s constitution, but citizens frequently face complex and difficult access processes. However, the implementation of the Right to Information Act 2019, (Act 989) provides hope for a more transparent and accountable government that benefits everyone.

The Right to Information Act, passed in 2019, is also an important step toward ensuring transparency and accountability in governance. The Act establishes every person’s right to access information held by public institutions, subject to certain exemptions. This means that every person, citizen or non-citizen, individual or institution now have the legal right to request and receive information from government agencies, ministries, and other state agencies.

Access to information can be made through a written or oral application. If an individual is illiterate or has a disability and is unable to submit an application in writing, the Information Officer must convert the oral request into writing after which it must be read to the applicant in a language they can understand and have an independent witness attest that the applicant understands the content of the request. The applicant can then sign or thumbprint on the written request and collect a duplicate copy.

The applicant must provide adequate description of the information being requested to facilitate easy and faster processing by the Information Officer.  It is important for the applicant to specify whether they are only interested in viewing the information or would like to obtain a printout, photocopy, email or have the information copied on an electronic device. Additionally, the applicant may specify the language the information should be presented in, in which case a transcribed version should be provided assuming the language is not English.

When the application is made, it is the duty of the Information Officer to inform the applicant within fourteen (14) days whether the public institution holds the information or not, and when the information will be provided or why access cannot be granted.

Where the applicant is not satisfied with the response from the Information Officer, the applicant reserves the right to trigger a review with the Head of the Institution and within fifteen (15) days must receive a response either affirming the decision of the Information Officer or providing a contrary directive.

If after this process the applicant is still not satisfied with the response from the public institution, either because the information has been declined or insufficiently responded to, the applicant can seek a review by submitting a complaint to the Right To Information Commission. The Commission will make a determination after hearing the side of both parties. However, the final arbiter when either party (applicant or public institution) disagrees with the determination by the Commission is the High Court of Ghana.

One of the key benefits of the Right to Information Act is that it allows persons to hold public service office holders accountable. By accessing information about government policies, decisions, and expenditures, the populace can better understand, for instance, how their taxes are being spent and whether duty bearers are acting in the public interest. This can help to prevent corruption, ensure that resources are allocated efficiently, and improve the overall quality of governance.

Another important benefit of Act 989 is that it promotes transparency and openness in government. When information is freely available to the public or proactively disclosed, public officials are more likely to act in the public interest and make decisions that are in the best interest of the country. This can help to build trust between the government and the citizens, leading to a more stable and prosperous society.

However, despite the potential benefits of the Right to Information Act, there are still challenges to accessing information in Ghana. One of the main challenges is a lack of awareness among citizens about their right to information and how to access it. Many people are unaware of the existence of the Act or how to make a request for information, which can hinder their ability to hold the government accountable.

Another challenge is the lack of capacity within government institutions to respond to information requests in a timely manner. Many government agencies do not have the necessary systems in place to track and respond to requests for information, leading to delays and frustration for citizens seeking information. This can undermine the effectiveness of the Act and limit its impact on transparency and accountability.

In conclusion, the Right to Information Act has the potential to promote transparency, accountability, and good governance. However, there are still challenges to accessing information that need to be addressed in order for the Act to be fully effective. By raising awareness about the Act, building capacity within government institutions, and ensuring that information is readily available to the public, Ghana can create a more transparent and accountable government that benefits all.

Access to information is not just a right – it is essential for a functioning democracy and a prosperous society.

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