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Ghana : Indicators

2010 > Transparency norms

Transparency norms

Do official mechanisms – policies, laws, regulations, decrees, procedures, international agreements, and public statements of commitment, etc. – exist that permit public access to information? So does the law provide a legal obligation on public institutions to be transparent?

The general democratic environment in Ghana allows for freedom of speech and augurs well for demands for transparency and public accountability. The Freedom of Information Bill was approved by Cabinet on 3 November 2009 and tabled in Parliament in February 2010 after being in discussion for almost 10 years. Even though several CSOs have called on Government to expedite action on its passage into law, very little progress has been made. However, citizens’ persistent demands for information in the media are keeping the Government in check.

  Read the report...

Is there a Freedom of Information Act?

The Freedom of Information Bill was tabled in Parliament in February 2010 and went through the first reading on the floor of Parliament. However, since then not much progress has been made. Whereas the government continues to assure the public that the Bill will be passed (see Public Agenda issue 15th October 2010), qualified opinions expressed by several civil society groups indicate that Bill will not be passed until about 2013 and several CSOs have called on government to expedite action to get the Bill passed (Public Agenda 1st October 2010). Read more...
In addition to any specific freedom of information laws, are there references to transparency in the Constitution, general laws, regulations, decrees etc. that all public institutions must adhere to (the next indicator is specifically about the forest sector)  Read the report...

What other rules provide for transparency?

The Constitution of Ghana guarantees the right to information to all citizens. Article 21 (1)f of the constitution states that "all persons shall have the right to information, subject to such qualifications and laws as are necessary in a democratic society”.

The Whistleblower Act, 2006 (Act 720) is an important supportive legislation for transparency. This law was passed by Parliament and agreed on 20th October 2006. Though the law exists, people are reluctant in volunteering information. This is because in a couple of instances, people who blew the whistle were victimized.

Read more...
Are there any forest-specific written laws and regulations, key announcements or speeches that develop the right to access public information on the sector, for example a Service Charter.  Read the report...

Are there any forest sector specific laws / rules / statements that provide for transparency?

The Forestry Commission (FC) New Service Charter in 2008 provides for customers' right to information from the Forestry Commission. Nonetheless, there is very little knowledge of its existence. The field survey indicates that less than 10% of respondents knew (or have seen) about the new FC Service Charter. Read more...
Are there clear, documented, and understood steps for resolving conflicts between transparency and confidentiality norms, or where / when authorities fail or refuse to provide information?
If so, is this dispute-settlement process well-advertised, not prohibitively costly and therefore realistically accessible to most people?  Read the report...

Is there any settlement process for disputes regarding access to information?

Given that there is no freedom of information law yet, no dispute settlement process is available now. The Coalition on Right to Information in a critique of the draft FOI Bill (www.humanrightsinitiative.org/programs/ai/rti/international/laws_papers/ghana/consolidated_critique_to_rti_draft_bill_ghana.pdf) indicated that the dispute resolution process as contained in the draft bill currently is inadequate and requires a more independent arbiter.
The new FC Service Charter does not provide for any dispute settlement except to say that “wherever possible we shall place complaint forms and boxes at vantage locations in our offices to facilitate customer feedback”. Since the preparation of the 2008 Service Charter no new initiatives have been developed to deal with transparency and confidentiality norms. Read more...
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