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Opinions of Saturday, 29 March 2008

Columnist: Prof Lungu

Give us Freedom of Information (FOI) Bill,

.. not Mugabe’s Right to Information Bill!



“…the improvement in access to budget information would require the review and passage of the Right to Information Bill as well as an amendment of the standing orders to allow Oversight Committee of Parliament to set their own agenda on issues to investigate…” (Mr. Alban Bagbin, Ghanaweb, 20 March 2008).

Except for a few people who love to hurl insults at others because they are unlike them and/or express honest differences of opinions about important issues, most readers and commentators on Ghanaweb will agree that Ghanaian public policy must be endowed with clarity, definition, consistency, a sense of priority, and above all, Ghana-centeredness. They will agree that Ghanaians deserve nothing less. But those objective observers will say that Ghana is not getting its fair share of clarity, definition, consistency, a sense of priority, and Ghana-centeredness when it comes to administration and public policy.

There is currently no clarity with respect to the so-called “Right to Information Bill” for Ghana, notwithstanding the work done by so many people in the “Coalition.” In the first place, that draft bill has a thousand loopholes. Secondly, we are reminded that Zimbabwe today has a “Right to Information Bill.” Now, look at the mess in Zimbabwe, my friend! Obviously, that “Right to Information Bill” is useless for Zimbabwe. Our position is Ghana’s draft “Right to Information Bill is useless. In fact, we will now argue that it is as useless (in name, content, and substance) as a knife without a blade.

Your Take Away: Today’s Zimbabwe is not good enough for Ghana, not by any means!!

On the other hand, the UK, Israel, Australia, France, and the US, among other progressive countries that take democracy serious, have Freedom of Information Bills (FOIBs). We have always argued that a Freedom of Information Bill (FOIB) is stronger in name and that the Ghana draft ought to be made even stronger in that respect, and with respect to content and substance.

So, if we must ask again, what, my friend, do you prefer for Ghana? A law that gives you “Freedom” to access information held by the government, or a law that gives you a “Right,” a right that any government can take away any day, any time, when it chooses?

ITEM: We prefer “Freedom of Information,” that is what!

Clarity, definition and name, even if symbolic, my friend!!

The other point we want to make today is this: it is always good to be consistent and Ghana-centered when talking about accountability in government. This week, Mr. Alban Bagbin, the minority leader, issued a call for passage of the feeble “Right to Information Bill” as stated in “Parliament's Enhanced Strategic Plan, Objective 3 (2).”

Read: “…the improvement in access to budget information would require the review and passage of the Right to Information Bill as well as an amendment of the standing orders to allow Oversight Committee of Parliament to set their own agenda on issues to investigate…”

The questions for Mr. Bagbin is, does he know and appreciate the difference between a “Freedom” and a “Right,” and why did it take him so long to state the case? Why must Mr, Bagbin choose to say things when they serve his private interest? Remember that it is Mr. Bagbin who said he would go anywhere to defend Mr. Anane in the case with CHRAJ, no matter what! Really? Why is information from the media not good enough and actionable by CHRAJ, if he, Mr. Bagbin, is truly supportive of the Freedom of Information Bill (FOIB) after all?

Clearly, many people will agree that Mr. Bagbin’s support for the re-appointment of Dr. Anane as the Minister of Transportation will not help the Ghana FOIB “Coalition” initiative. His support of Dr. Anane will not make the Ghanaian government more accountable, transparent, and responsive. Clearly, Mr. Bagbin’s support of Dr. Anane argues that the minority leader and perhaps the NDC party do not have any issues or problems with the Justice Wood ruling in the matter of Dr. Anane vs CHRAJ. If that is truly the case, it would be odd and unsettling particularly for one who claims to be interested in “oversight,” the power of parliament to “investigate,” and “access to budget information.”

So what gives, Mr. Bagbin?

What a dance and a shame. Must we take 1 step forward and 2 steps backward on this matter because you are eager to prove your “legal” expertise?

ITEM: We urge all concerned to lend their voices to passage of a strong “Freedom of Information Bill” (FIOB) for Ghana, right now. In fact, we will remind Mr. Bagbin that it is important to have priorities. We think that in the current circumstance, it is more useful and practical to pass a FOIB. That can be done this year if there is a will. Pass the FOIB now!!

Prof Lungu Tokyo, Japan 27th March 2008

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