An Access to Information Consultant, Maxwell Kadiri wants Ghana to closely watch the exemptions regime in its Right to Information Law (RTI) as it could frustrate a full functioning of the law.
In March 2019, the RTI which was passed into law and assented to, is going through an implementation phase, and the RTI Coalition Members met to assess actions so far.
Senior Legal Officer at the Open Society Justice Initiative in Nigeria, Maxwell Kadir, observes that the exemptions under the law could be as detrimental as well as beneficial.
Background of RTI Bill
The RTI is a fundamental human right guaranteed by the country’s 1992 Constitution and recognized as a right under International Conventions on Human rights.
The bill as it has been passed is to give substance to Article 21 (1) (f) of the Constitution which states that “All persons shall have the right to information subject to such qualifications and laws as are necessary for a democratic society.”
The RTI Bill was first drafted in 1999 under former President, Jerry John Rawlings.
The National Democratic Congress (NDC) in its 2008 and 2012 election manifestos promised to ensure the Bill was passed.
In 2010, it was presented to Parliament for consideration.
In 2011, the government signed unto the Open Government Partnership (OGP) Initiative with a commitment to pass the law.
In November 2013, the Bill was formally laid before Parliament.
Former Attorney General, Deputy Dominic Ayine in 2015, moved the Bill for second reading in Parliament. In October 2016, the Bill was withdrawn and replaced with a new one which was immediately laid.
Following the dissolution of the Sixth Parliament of the Fourth Republic and the swearing-in of new Parliament in January 2017, the Bill had to be re-laid by the new government before work commences on it.
Parliament finally passed the RTI Bill into law on Tuesday, March 26, 2019, after several policy changes and amendments.
It will, however, take a one year period to be operationalised.