THE RIGHT TO KNOW AND THE APRM-PERSPECTIVES FROM GHANA THE RIGHT TO KNOW AND THE APRM-PERSPECTIVES FROM GHANA BENTLEY’S COUNTRY LODGE PRETORIA 29th September, 2004 NANA OYE LITHUR, CHRI AFRICA OFFICE NANA OYE LITHUR, CHRI AFRICA OFFICE

THE RIGHT TO KNOW IN GHANA, LEGAL FRAMEWORK Article 21(1)(f) of the 1992 Constitution guarantees the right to information in Ghana, subject to laws necessary in a democratic society Article 21(1)(f) of the 1992 Constitution guarantees the right to information in Ghana, subject to laws necessary in a democratic society Draft Freedom of Information Bill, 2003 Draft Freedom of Information Bill, 2003 State party to ICCPR, AfCHPR State party to ICCPR, AfCHPR Adopted Rio, World Summit POA Adopted Rio, World Summit POA

THE RIGHT TO INFORMATION ACT 2003 The Objective of the Bill is to provide for the right of access to information held by government subject to exemptions and protection of public interest Every person has a right of access to information under the control of government unless information falls within exemptions stipulated by law

THE RIGHT TO INFORMATION ACT 2003-EXEMPTIONS Government is responsible for making information on their governance available to the people, some information is exempt, these include information from: -President and V. President’s office; -Cabinet; -Law enforcement, public safety and national security; -International relations; -Defence of the country; -economic and other interests.

CRITIQUE OF THE BILL Bill seems to focus on regulating disclosure and production of info instead of ensuring maximum disclosure Bill seems to focus on regulating disclosure and production of info instead of ensuring maximum disclosure Does not contain any penalty provisions in case custodian refuses to provide information Does not contain any penalty provisions in case custodian refuses to provide information No monitoring body appointed to supervise operation of the law compare to SA No monitoring body appointed to supervise operation of the law compare to SA No suo moto disclosures No suo moto disclosures

LAWS RESTRICTING ACCESS TO INFORMATION Some statutes and regulations which seek to prevent the unauthorised disclosure of information include: State Secrets Act,1967(Act 107) Civil Service Law, 1993(PNDCL327) Civil Service Interim Regulations,1960(LI 147) Armed Forces Act,1962(Act 105) ArmedForces(Court- MartialAppealCourt)Regulations,1969(LI1662)

THE APRM AND GHANA Ghana was the first African country to submit itself to voluntary assessment under the APRM. Catalogue of processes undertaken so far: -Inauguration of National APRM Governing Council by the President of Ghana-March Setting up of GC Secretariat-Dr Francis Appiah - -Appointment of Technical Review Teams - -Hosting of APR Support Mission-Dr Chris Stals -National Stakeholders Forum and Workshop-May 2004

THE APRM AND GHANA Data collection and consultation by technical team followed by review and validation Data collection and consultation by technical team followed by review and validation Special sensitisation programmes for govt, media, political parties, youth, security agencies, Chief Directors Special sensitisation programmes for govt, media, political parties, youth, security agencies, Chief Directors APRM newsletter APRM newsletter Regional sensitisation workshops-to inform stakeholders on work of technical review teams Regional sensitisation workshops-to inform stakeholders on work of technical review teams –Radio programmes in regions (provinces) –Workshop attended by traditional leaders, civil society, DCEs, govt. officers, women groups etc.

APRM IN GHANA AND ACCESS TO INFORMATION: APPROACH Access to/disclosure of information on the APRM process in Ghana Access to/disclosure of information on the APRM process in Ghana dissemination of information to stakeholders and general public dissemination of information to stakeholders and general public RTI content analysis of APR questionnaires RTI content analysis of APR questionnaires

Dissemination of information on APRM process in Ghana Generally all processes well disseminated in the media using traditional mediums of radio, television and print, still leaves out some rural folk who do not have access to traditional mediums Generally all processes well disseminated in the media using traditional mediums of radio, television and print, still leaves out some rural folk who do not have access to traditional mediums Have been conducting regional tours Have been conducting regional tours Basically events they organize are reported by media, no publication of timetable and processes Basically events they organize are reported by media, no publication of timetable and processes

ACCESS TO/DISCLOSURE OF INFORMATION Not tested, have personally received all requested info at the Secretariat, but may be due to relationship Not tested, have personally received all requested info at the Secretariat, but may be due to relationship main challenge in collecting data for APR has been uncooperative nature of ministries depts., and agencies in making government documents available to technical teams process fallen behind schedule because of this main challenge in collecting data for APR has been uncooperative nature of ministries depts., and agencies in making government documents available to technical teams process fallen behind schedule because of this

Content analysis: assessing implementation and integration of RTI as a human right in Ghana Access to information not integrated in questionnaires, not listed as a human right or not listed at all Access to information not integrated in questionnaires, not listed as a human right or not listed at all After intervention at the stakeholders workshop included in APRM democracy and good governance, corporate governance questionnaire After intervention at the stakeholders workshop included in APRM democracy and good governance, corporate governance questionnaire Not mentioned in the two other questionnaires Not mentioned in the two other questionnaires

CONTENT ANALYSIS CONTD. Good governance: under human rights how free access to info enjoyed Good governance: under human rights how free access to info enjoyed Corporate governance: measures available to access info by stakeholders Corporate governance: measures available to access info by stakeholders Indirect Economic governance: Extent to which govt relies on groups as source of input in planning macroeconomic outlook Indirect Economic governance: Extent to which govt relies on groups as source of input in planning macroeconomic outlook Socio-economic :nothing Socio-economic :nothing

RTI/APRM CHALLENGE PROCURING INFORMATION FROM GOVERNMENT CONSEQUENCES OTHERWISE VALUABLE INFORMATION MISSED OUT OF APRM PROCESS DELAY IN APRM PROCESS INACCURATE INFORMATION MAY AFFECT OUTCOME

CONCLUSION NEED TO STEP UP ADVOCACY FOR INTEGRATING THE RIGHT TO INFORMATION IN ALL GOVERNANCE PROCESSES ON THE CONTINENT IF THE APRM IS TO SUCCEED NEED TO STEP UP ADVOCACY FOR INTEGRATING THE RIGHT TO INFORMATION IN ALL GOVERNANCE PROCESSES ON THE CONTINENT IF THE APRM IS TO SUCCEED GHANA’S EXPERIENCE HAS MADE ME REALISE THE IMPORTANCE OF ENFORCING THE RIGHT TO INFORMATION GHANA’S EXPERIENCE HAS MADE ME REALISE THE IMPORTANCE OF ENFORCING THE RIGHT TO INFORMATION RTI ORGANISATIONS SHOULD TAKE AN INTEREST IN APRM PROCESS TO FACILITATE ITS ACCURACY AND SUCCESS RTI ORGANISATIONS SHOULD TAKE AN INTEREST IN APRM PROCESS TO FACILITATE ITS ACCURACY AND SUCCESS COUNTRY REPROTS WILL PROVIDE A WEALTH OF VERIFIED INFO FOR RTI ADVOCACY COUNTRY REPROTS WILL PROVIDE A WEALTH OF VERIFIED INFO FOR RTI ADVOCACY

CONCLUSION ENTRENCH RIGHT TO INFO + ADVOCACY