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Opinions of Saturday, 27 October 2007

Columnist: Bolus, Mercy Adede

What stops Ghana from passing the Freedom of Information Bill this year?

Given that we are enjoying challenging our Government and thanks to the current Government efforts. Bravo! One wonders if it is fair to say that perhaps the time is right for the Government to pass the Freedom of Information Bill now.

I have researched the benefits of the Freedom of Information Act and wonder whether we have waited too long for its introduction. Those of us in Diaspora in responsible jobs and working with other Chief Executives and Government officials quickly realise the significance of the Freedom of Information Act. I strongly believe that Ghana desperately needs to see the same transparencies as those observed in the developed world. For example, reading articles such as the one from the Statesman on the 17 October 2007 published on ghanaweb.com, which read that the Tourism Ministry was ordered to refund money. Reading between the lines, it appears that no clear documentation was kept as no one was challenging anyone. Is this believable? In any developed country a record of where every penny spent is kept. Therefore the accounts of any Government expenditure should be available to anyone then corruption would become much harder.

Then suddenly, one Prof. Lungu commented to one of my articles and sparked my interest on, “The Freedom of Information Bill” as I think he has also written something on this topic. Many others have also written something on this topic. It is only those who have something to hide that are preventing Ghana from introducing The Freedom of Information Bill. How could a country wait until a Parliament Public Accounts Committee give orders to a Ministry to refund money? Is this not disgraceful? If we were to have The Freedom of Information Bill passed, evidently, the public could be more challenging and Ministers would respect the general public that voted them into power. Currently, some Government Ministers think on the contrary that, once appointed, they are our bosses and can call the shots while we remain their faithful servants. Forgetting that it is the other way round, Government Ministers are elected to power to serve the interest of the people who elected them particularly the vulnerable.

However, if we have an open democracy Bill, then this would pave the way for calling for Freedom of Information Bill to be passed. Surely , If the media gets a regular flow of factual information then, the general public would have confidence in any ruling Government. For example, during the floods when the public asked for the President whereabouts on the 14 – 21 September it appears the government was rather uncomfortable in coming out with the truth. The Ghanaian public was led to believe that, the President was going to Canada when actually he was in the U.K tying up some kind of essential things. What type of things many of us would ask? However no further explanation followed. Ghanaians will however, never know the bottom of what exactly the President was busy tying up unless he decides to tell us. These are the issues, which calls for Ghana to have The Freedom of Information Bill now.

Ghanaians have long been taken for a ride by some our politicians from Kwame Nkrumah Government right down to the current one. In contrast, however, certain key bodies have formed the Freedom of Information Network and petitioned for the passing of the Freedom of Information Bill process. They have done their research and found that there are significant benefits for everyone.

The Kenyan FOI network highlights to their Parliament that, The 2007 Freedom of Information Bill is an Act of the Kenyan Parliament to enable the public to access information in the possession of the Government and public authorities in order to establish systems and processes that promote pro-active publication and dissemination of information for connected purposes. Their petition asked the Kenyan National Assembly to pass Freedom of Information Bill. The petition is as follows

PETITION TO THE NATIONAL ASSEMBLY

PURSUANT TO THE PARLIMENTARY STANDING ORDERS NUMBER 163

We the undersigned citizens of Kenya and the Freedom of Information Network members humbly petition as follows:-

1. The National Assembly to pass The Freedom of Information Bill, 2007. The Bill was published in the Kenya Gazette Supplement No. 44 (Bills No. 18) of 2007 on 27th April 2007 pursuant to a motion unanimously approved by the House on 18th October 2006. The Bill was tabled for first reading on 17th May 2007 and the Departmental Committee on Energy Communications and Public Works discussed it on 3rd- 6th June 2006 with stakeholders invited. The report of the Departmental Committee was tabled before the House on 15th August 2007. The Bill is awaiting consideration by the Committee of the Whole House and the Third Reading.

2. Freedom of information is a fundamental human right protected under Section 79 of the Constitution of Kenya that will facilitate enjoyment of all other rights.

3. The Freedom of Information Bill, 2007 when enacted will usher a culture of openness, transparency and accountability in Kenya that will spur economic development and promote effective participatory democracy for all Kenyans.

4. This Bill will enable access to information in the possession of the Government and public authorities and will establish systems and processes that promote proactive publication and dissemination of information stemming the culture of official secrecy and opaqueness.

5. The Bill is urgent as poverty, insecurity, disease, unemployment, famine, corruption and mal-administration continue to thrive in Kenya due to lack of free flow of information from government and public authorities to the citizens.

6. The National Assembly will propel Kenya into a democratic, accountable, corruption free, open and secure, African tiger through passage of the Freedom of Information Bill 2007.

THEREFORE your petitioners most humbly call upon the National Assembly to pass the Freedom of Information Bill, 2007

DATED at NAIROBI this 6th day of September 2007

FREEDOM OF INFORMATION NETWORK STEERING COMMITTEE MEMBERS Kenyan Section of the International Commission of Jurists (Leading the FOI Network) Kenya Human Rights Commission Transparency International – Kenya Institute for Law and Environmental Governance - Kenya Media Council of Kenya African Women’s Development & Communication Network FAHAMU Legal Resources Foundation Kenya Correspondents Association Association of Media Women in Kenya Kenya Parliamentary Journalists Association Centre for Law and Research International Name and Shame Corruption Networks Campaign

Let us reflect on the above members of this unique network group. Together we stand but divided as different regions and tribes we fall. As we can clearly see as a united force we can move mountains.

Ghana must learn from this rude awakening, in order for our nation to also move a step closer to civilization.in the 21 century. Rather than being pitied and classified by even those who have passed through these struggles, we appear to be falling into those traps which label us a third world, poverty stricken country, where corruption is the accepted norm. If we need help with this process, Nelson Mandela is ever ready to chip in to show us the way forward. There is no sitting down and patiently waiting for these things to change as nothing will if we do not act now.

Ghana wants NPP to give us The Freedom of Information Act now before they leave office.

One now see why the network group has worked hard in bringing these negotiations to this level. The lives of our youths are at stake. Action now fellow Ghanaians, some Government Ministers could be using loans and foreign aids signed for only in our name to be paid in 30 to 40 years as well as taxpayers money to benefit themselves and their families. Let’s put a stop to this. Bravo to our Kenyan Brothers and sisters who are fighting tiredlessly to see this Bill go through. Ghanaians must strongly emulate Kenyan’s example and benchmark against them on their processes.

Every Government should be held to accounts as Ghana does not belong to any Minister per say. Our vulnerable youths are the ones failing through the net and attending school under trees. On the other hand, the children of Government Ministers see themselves as privledged as their parents are sending them to further higher education in the developed countries. Is this fair ? Is this not blatant discrimination? Who is causing poverty in Ghana and the rest of Africa? Your guess is as good as mine. The facts are that, it is only by passing The Freedom of Information Bill through Parliament like the Kenyans, that accountability, transparencies and good governance of our performances would become evident.



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