| 12 |
Do citizens have a legal right of access to information? |
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12a:
In law, citizens have a right of access to government information and basic government records.
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| Score: |
YES |
NO |
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Comments: In fact, some of the respondents answered in the negative because a Freedom of Information bill has been pending for a very long time. In spite of civil society efforts to get it passed, it has not yet been brought before parliament.
References: Article 21 of the Constitution provides, in general, for freedom of information but this has not been operationalized by the passage of an act of parliament.
Interviews with civil society representatives - Nana Oye Lithur of the Commonwealth Human Rights Initiative (CHRI) and Mrs. Florence Dennis of the Ghana Anti-Corruption Coalition (GACC). Also, Amos Safo of the Public Agenda newspaper.
Peer Review Comments: There has been foot-dragging over the freedom of information bill. Civil society could do better by putting more pressure on the government and its functionaries.
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12b:
In law, citizens have a right of appeal if access to a basic government record is denied.
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| Score: |
YES |
NO |
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Comments:
References: Article 21 of the Constitution provides for freedom of information in general, but this has not been operationalized by an act of parliament.
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12c:
In law, there is an established institutional mechanism through which citizens can request government records.
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| Score: |
YES |
NO |
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Comments:
References: Article 21 of the Constitution calls for freedom of information, but this has not been operationalized by the passage of an act of parliament.
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| 13 |
Is the right of access to information effective? |
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13a:
In practice, citizens receive responses to access to information requests within a reasonable time period.
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| Score: |
100 |
75 |
50 |
25 |
0 |
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Comments: Citizens can obtain information through goodwill and personal relations, depending on the source of the information. There is no requirement to provide the information or an explanation as to why the request is refused.
References: Mrs. Florence Dennis, Executive Secretary of Ghana Anti-corruption Coalition. Interview held on Wednesday, July 30, 2008, in Nairobi, Kenya at 7 p.m.
Mrs. Nana Oye Lithur, Regional Coordinator, Commonwealth Human Rights Initiative (CHRI). Interview conducted on Wednesday, Sept. 10, 2008, in the CHRI offices at 5:15 p.m.
Mr. Amos Safo, Editor of the Public Agenda Newspaper, Questionnaire completed on Sept. 12, 2008, and submitted via e-mail.
Peer Review Comments: Public and civil servants are reluctant to disclose information requested by the public. The Media Foundation for West Africa (MFWA) reported on Oct. 12, 2007, that Helen Abrokwa, head teacher of Padmore Street Primary School in Tema, was demoted and transferred by the Tema Municipal Director of Education because of interviews she granted the media about the enrollment of pupils in her school.
Peer Review Comments: Sometimes the information flows much faster.
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13b:
In practice, citizens can use the access to information mechanism at a reasonable cost.
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| Score: |
100 |
75 |
50 |
25 |
0 |
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Comments: Although there is no access to information legislation, citizens can obtain information from government agencies depending on the approach and the agency's goodwill.
References: Mrs. Florence Dennis, Executive Secretary of Ghana Anti-corruption Coalition. Interview held on Wednesday, July 30, 2008, in Nairobi, Kenya at 7 p.m.
Mrs. Nana Oye Lithur, Regional Coordinator, Commonwealth Human Rights Initiative (CHRI). Interview conducted on Wednesday, Sept. 10, 2008, in the CHRI offices at 5:15 p.m.
Mr. Amos Safo, Editor of the Public Agenda Newspaper, Questionnaire completed on Sept. 12, 2008, and submitted via e-mail.
Peer Review Comments: The public, and particularly the media, extracts information from relatives and friends who work in government departments.
Peer Review Comments: Government, however, sometimes provides more information to the public through the media if they are under attack regarding a policy which, in their opinion, is the right one.
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13c:
In practice, citizens can resolve appeals to access to information requests within a reasonable time period.
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| Score: |
100 |
75 |
50 |
25 |
0 |
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Comments:
References: Mrs. Florence Dennis, Executive Secretary of Ghana Anti-corruption Coalition. Interview held on Wednesday, July 30, 2008, in Nairobi, Kenya at 7 p.m.
Mrs. Nana Oye Lithur, Regional Coordinator, Commonwealth Human Rights Initiative (CHRI). Interview conducted on Wednesday, Sept. 10, 2008, in the CHRI offices at 5:15 p.m.
Mr. Amos Safo, Editor of the Public Agenda Newspaper, Questionnaire completed on Sept. 12, 2008, and submitted via e-mail. Florence Dennis of Ghana Anti-Corruption Coalition (GACC)
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13d:
In practice, citizens can resolve appeals to information requests at a reasonable cost.
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| Score: |
100 |
75 |
50 |
25 |
0 |
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Comments:
References: Mrs. Florence Dennis, Executive Secretary of Ghana Anti-corruption Coalition. Interview held on Wednesday, July 30, 2008, in Nairobi, Kenya at 7 p.m.
Mrs. Nana Oye Lithur, Regional Coordinator, Commonwealth Human Rights Initiative (CHRI). Interview conducted on Wednesday, Sept. 10, 2008, in the CHRI offices at 5:15 p.m.
Mr. Amos Safo, Editor of the Public Agenda Newspaper, Questionnaire completed on Sept. 12, 2008, and submitted via e-mail.
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13e:
In practice, the government gives reasons for denying an information request.
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| Score: |
100 |
75 |
50 |
25 |
0 |
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Comments:
References: Mrs. Florence Dennis, Executive Secretary of Ghana Anti-corruption Coalition. Interview held on Wednesday, July 30, 2008, in Nairobi, Kenya at 7 p.m.
Mrs. Nana Oye Lithur, Regional Coordinator, Commonwealth Human Rights Initiative (CHRI). Interview conducted on Wednesday, Sept. 10, 2008, in the CHRI offices at 5:15 p.m.
Mr. Amos Safo, Editor of the Public Agenda Newspaper, Questionnaire completed on Sept. 12, 2008, and submitted via e-mail.
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