CHRI Marks IDUAI 2024

The Commonwealth Human Rights Initiative (CHRI) Africa Office joins the global community in celebrating the 2024 International Day for Universal Access to Information (IDUAI). The International Day for Universal Access to Information (IDUAI) is celebrated annually on September 28. Established by UNESCO in 2015, IDUAI aims to raise awareness about the significance of public access to information and to encourage governments, civil society, and citizens to advocate for transparency and accountability.

This year’s Global Conference on Universal Access to Information is being hosted by the Government of Ghana and UNESCO in Accra on October 1 and 2, 2024 under the theme “Mainstreaming Access to Information and Participation in the Public Sector”. The 2024 Global Conference in Accra marks the first time the celebration is being hosted by an African Member State, providing an opportunity to highlight successes, challenges and best practices for mainstreaming the right to information into government structures on the continent. The CHRI would like to use this opportunity to extend heartfelt congratulations to the Government of Ghana for being the first African member state to host IDUAI Global Conference. This significant milestone underscores Ghana’s commitment to transparency, accountability, and the promotion of human rights.

By taking the lead in this global initiative, Ghana sets an ultimate example for other nations in the region, highlighting the essential role of access to information in democratic governance. The CHRI commends the about twenty nine countries (South Africa, Angola, Zimbabwe, Uganda, Ethiopia, Guinea, Liberia, Nigeria, Niger, Tunisia, Sierra Leone, Côte d’Ivoire, Rwanda, South Sudan, Mozambique, Sudan, Burkina Faso, Benin, Togo, Malawi, Morocco, Kenya, Tanzania, Ghana, Gambia, Namibia, Zambia, Seychelles and Cape Verde) on the continent that has access to information laws and urge the remaining twenty four countries (Somalia, Senegal, Sahrawi Arab Democratic Republic, Sao Tome and Principe, Mali , Mauritania, Mauritus, Libya, Madagascar, Lesotho, Guinea Bissau, Gabon, Burundi, Cameroon, Central African Republic, Chad, Comoros, Democratic Republic of Congo, Republic of Congo, Djibouti, Egypt, Equatorial Guinea, Eritrea and Eswatini/Swaziland) without access to information laws to also do the needful towards greater transparency across Africa.

The CHRI specifically, acknowledges the Government of Ghana’s ongoing efforts to implement the Right to Information Act, 2019 (Act 989) which includes the setting up of the Right to Information Commission. However, we also acknowledge the challenges that persist in the effective implementation of this vital law. Key among the challenges is the fact that four years down the line of implementing the Act, Ghana seems to be placing a lot of emphasis on the need for people to request for information vis-à-vis the need for public agencies to proactively disclose/publish certain specific basic and essential information on governance to promote transparency, accountability and effective public participation in governance. A key proactive disclosure provision of the Act – section 2 which provides that “the government shall make available to the public, general information on governance without an application from a specific person” is yet to be fully operationalize. This implies that there is no standardized and calculated effort by government to proactively disclose specific categories of information which are basic and necessary for good governance as recognized by international standards and best practices.

To throw more light on the problem, the CHRI monitored the websites of Fifty (50) government Ministries, Departments and Agencies (MDAs) in Ghana between April 2023 and February 2024 to assess the level of proactive disclosure on six category of information since Act 989 became operational in 2020. The monitoring report was publicized in May this year and distributed among key institutions including the Ministry of Information and the RTI Commission. The monitoring looked at 2020-2022 Annual Reports (Activity and Financial Reports), Annual Audits Reports, Annual Budgets (including Activity Plan), Commercial Contracts, Annual Reports on the implementation of the RTI Act and the RTI Information Manual proactively disclosed by the fifty targeted institutions including the Ministry of Information, Electricity Company of Ghana, Electoral Commission of Ghana and the Food and Drugs Authority. Key findings of the monitoring are as follows:

1. None of the 50 institutions sampled had proactively disclosed all the specified category of information indicating a major gap in proactive disclosure of basic and necessary
2. Although public institutions proactively disclose certain basic information, there are no standardized ways (the type of information, timelines for the release ) for doing that.
3. Public institutions do not seem keen on proactively disclosing the type of information that would enable citizens to hold government accountable.
4. None of the institutions had annual reports on the implementation of the RTI Act

Following this findings, the CHRI recommended on the need for Ghana to expedite action to pass a Legislative Instrument (LI) to support the effective implementation of Act 989. The LI will provide additional information on how to implement some vague provisions in the Act including section 2. It was also recommended that the RTI Commission should develop guidelines to clarify the nature of the disclosure as per section 2 of the Act in the absence of an LI. The guide can complement the LI when it is eventually passed. Finally, it was recommended that the RTI Commission should ensure that at a minimum, all section 2 information should be routinely put on organization’s websites.

CHRI’s Call for Action

As we observe the 2024 IDUAI in Accra, the CHRI urges the Government of Ghana to make a conscious effort to effectively implement the proactive disclosure provisions of the Act and as a matter of urgency pass a Legislative Instrument in ensuring that the Right to Information Act realizes its full potential for all Ghanaians.

The CHRI also calls on all governments, institutions, civil society organizations, and key stakeholders to recommit to advancing access to information as a right. We urge public bodies to prioritize transparency and open governance by:

• Proactively disclosing public information
• Strengthening institutional capacities to process RTI requests
• Promoting public awareness of the RTI Act to ensure that all citizens can fully participate in the governance process

CHRI remains steadfast in its mission to uphold human rights and advance democratic governance through access to information. Together, we can build a more inclusive and accountable society where everyone’s voice is heard.

Accra, Saturday September 28, 2024

Issued By:

The Commonwealth Human Rights Initiative (CHRI) Africa Office

Accra