"Enactment of RTI has been considered as watershed moment in history of our democracy"- K. O Nkrumah

Minister of Information, Kojo Oppong Nkrumah says the enactment of the Right to Information Act, 2019 (Act 989) in Ghana has been rightly considered as a watershed moment in the history of its democracy.

The Minister made these while apeaking at a public forun on implementation of RTI Act 2019-2023.

Mr. Oppong Nkrumah said "The law has become one of Ghana's most important laws, as it sets an unprecedented framework that gives all persons the potent weapon to seek and receive information held by public institutions which had hitherto remained suppressed in the dusty files of bureaucrats under the garb of official secrecy and confidentiality"

"As we gather here, we are not just reflecting on a mere piece of legislation; we are examining a pivotal stride toward a more accountable and democratic Ghana. The Right to Information Act, born from the collaborative efforts of policymakers, civil society, and citizens, signifies our commitment to fostering a culture of transparency and access to information"

Touching on the research, he revealed that in the last quarter of 2022, the Ministry of Information commissioned research to document the processes leading to the passage, implementation, and enforcement of the Right to Information (RTI) Act, 2019 (Act 989) in Ghana.

"The study examined the operational strategies adopted for the smooth implementation of the RTI Law, identified the major roles of civil society organisations and other stakeholders in the implementation process of the law, and finally we faced and continue to face in the implementation of the right to information law in Ghana"

He also hinted that the primary technique of inquiry was in-depth interviews.

"Using a purposive sampling technique, individuals from different stakeholder groups and public institutions who were involved in the implementation of the RTI Act, 2019 (ACT 989) were identified and interviewed. The institutions include the Parliament of Ghana, the Ministry of Information, the Right to Information Commission, Civil Society Organizations, Ministries, Departments and Agencies (MDAs) as well as Metropolitan, Municipal and District Assemblies (MMDAs). In all, 14 respondents were interviewed for the study"

"The study also relied on secondary data available in the public institutions that led to the implementation of the Act in 2020. These include letters, roadmap reports, annual reports, training reports, and mystery shopping stress test results, among others. The data was analysed using qualitative content analysis and thematic analysis, where data collected was coded into thematic categories. Thick descriptions were given to the processes involved in the implementation of the Act and reported outcomes were themed for analysis"

Stressing on the passage of RTI in Ghana; he said "Political Will. Several factors led to the passage of the RTI law in Ghana. It must be noted that these factors often overlap. For this reason, it remains extremely complex to assess the weight of one dimension compared to another. The first factor identified here was political will and commitment. The political administration in 2019 was determined to have the bill passed into law. The RTI bill, which had been in and out of parliament for two decades was reintroduced to parliament under a certificate of urgency"

"The second factor refers to the increasing public protests and advocacy of a sophisticated network of Civil Society Organisations (CSOs) with a strong interest in transparency and accountability, like the CSO Coalition on RTI (known as RTI Coalition). For instance, the RTI Coalition embarked on public awareness campaigns, media engagements, lobbying, research and advocacy activities, persisting and modifying its strategies along the way to suit the conditions of each period during the struggle for an effective RTI law (CHRI, 2019). The Coalition also organized a series of news conferences, workshops and strategic meetings across the country, and leveraged the significance of 28th September each year (Right to Know Day). Civil Society, Media and other stakeholders have played significant roles in the passage and implementation of the RTI Act (ACT 989). Their role can be recounted to the twenty years leading to the passage of the Law. Indeed, “the bill itself was crafted by civil society organisations.”

One the implementation phase of the RTI, he said "Deferment clause: Peculiar to the RTI Act, 2019 is a deferment clause which meant that though it was assented to by the President in 2019, its application began in the ensuing financial year, i.e. January 2020. This significant provision meant that the implementation of the law could not commence immediately after presidential assent in May 2019. The transition period allowed the implementing Ministry to put in place institutional arrangements for a smooth take-off"

He also explaine that the Ministry of Information conducted a series of consultations with various stakeholders on the implementation of the Right to Information Act (RTI) law in Ghana.

"A roadmap was developed to ensure the smooth operationalization of the Right to Information Act (RTI Act) after extensive engagements with key stakeholders"

"The roadmap identified key activities and responsible agencies for the implementation, including setting up a committee at the Ministry with representatives from the RTI Coalition, PRAAD, OHCS, and other stakeholders. The roadmap also identified timelines for various activities and allowed for easy assessment of milestones. Key activities in the roadmap were the implementation budget for the 2019 and 2020 fiscal years, aligning PRAAD to service records departments, setting up an ATI Division under the Information Services Department, and appointing members of the Governing Board for the RTI Commission"

Touching on deployment of Information Officers, he said "In showing fidelity to the implementation roadmap, the Ministry of Information through the ATI Division requested all Chief Directors and Heads of Local Government and Civil Services, respectively to nominate an officer as a Designated RTI officer and a records officer, both to assist in the processing of RTI requests. In all, Nine Hundred and fifty-six (956) officers were designated from 478 public institutions in 2020"

"In addition, the Ministry of Information, with the assistance of the Head of Civil Service recruited one hundred (100) RTI Officers comprising five principal information officers and 94 assistant information officers who were deployed to various public institutions as RTI officers. By the close of the year 2022 three hundred and fifty (350) had been recruited and posted to various public institutions. One Hundred and Eighty-Seven (187) of them have been posted to MMDAs, Sixty-six (66) to SIGA institutions and Ninety-seven (97) to MDAs across all the sixteen regions"

On capacity building, he noted that the Ministry of Information was aimed to build the capacity of frontline officers and other officers involved in the implementation of the RTI law.

"Training of designated information and records officers began in March 2020 but was disrupted by the COVID-19 outbreak and resumed in July 2020 via a virtual platform. The training process involved face-to-face engagement with various institutions from the MDAs to the MMDAs. The importance of training officers is a key component in the implementation of the law. There is a need to explain nuances in the Act, such as classes of information classified as exempt from disclosure. International organizations and Civil Society Organizations have also undertaken some form of training"

Mr. Nkrumah noted that the successful implementation of the RTI law in Ghana partly depends on the demand for access to information by individuals, institutions, or groups. 

"In accordance with Section 1 of Act 989, a person is the one who has the right to information and may apply for access to that information. It is important for citizens to understand that in some limited circumstances, as outlined in sections 5 to 16 of Act 989, public institutions have a right, to exempt some classes of information from access under this Act. The RTI Commission, however, as an independent and impartial body, has also been resourced to deal with any unwarranted denials by public institutions"

"In the first year of implementation, eighty-five (85) requests for information were recorded and processed across all public institutions, but the number increased to one hundred and eighty-nine (189) requests in 2021. In 2022, public institutions received and processed Seven hundred and eighty-three (783) applications. Information officers interviewed attributed the low number of applications to a lack of information and understanding of the application processes by the public. They also noted that applicants often made improper requests, suggesting they do not understand and interpret certain provisions of the law well"

"The Right to Information Act 2019 (Act 989) mandates the establishment of an independent body to promote, monitor, protect, and enforce the right to information. In October 2020, the President inaugurated the Governing Board of the Right to Information Commission, which has since recruited 120 staff to perform various responsibilities"

He revealed that since its establishment, the RTI Commission successfully secured an Executive Instrument conferring on it, prosecutorial powers in accordance with section 56 of Act 30 and Article 88(4) of the 1992 Constitution.

This, he said, served as a measure to help strengthen enforcement undertaken by the Commission.

"The Commission's independence, he hinted was guaranteed by Section 42 (1)(2) of the RTI Act, which states that it is not subject to the direction or control of any person or authority"

"The Executive Secretary and Commissioners have worked to assert the Commission's independence, and the Commission operates in accordance with the law, ensuring that decisions are backed by the law"

On the enforcement of the RTI LAW, he revealed that the research identified three different models for the institutional framework and enforcement of the RTI legislation.

"These are enforcement through judicial proceedings, the information commission or tribunal, and the informational commissioner or ombudsman. Their frameworks are based on context and content"

Touching on challenges confronted in the Implementation of the RTI, he saidd "Robust implementation of any public policy is difficult to achieve and may face a plethora of challenges"

"The Legislative Instrument (L.I) is a crucial accompaniment to an Act, providing details about the nuances of the Act and facilitating its implementation. Without the L.I., certain aspects of the law can be difficult to implement. The absence of the L.I. can lead to challenges, such as the ambiguity in the law regarding the number of days for processing an initial information request. There is a statute requiring the accompanying legislative instruments to be presented to Parliament within twelve months after an Act has been passed into law"

"Collaborative policy-making is crucial for establishing new networks among stakeholders and increasing knowledge distribution. Respondents advocated for a coordinated workforce from ATID, NCCE, ISD, and RTIC to create public awareness about the right to information. Through continuous public sensitization and education,  the law will protect and empower the people, while building strong, transparent and accountable public institutions"

The importance of proper structures in maintaining focus and preserving the essence of the Right to Access Information (RTI) Law in Ghana cannot be emphasised, the Minister added.

Story by: Joshua Kwabena Smith