Ghana's powerful Right to Information (RTI) law is not reaching its full potential. It cannot fully cover certain private organisations. This is because a key legal tool is missing. The RTI Commission says a Legislative Instrument (LI) is needed. Without it, the law's scope for private bodies is limited.
Stephen Owusu, Head of Legal at the RTI Commission, explained the situation. Work on this vital LI has been ongoing for years. This LI will formally identify "relevant private bodies". These are the private companies or groups that the RTI law should apply to. Until this LI is approved, these bodies operate outside the law's direct reach.
The RTI Act was passed in 2019. It aimed to boost openness. It followed almost two decades of campaigning. Media groups pushed for it. Anti-corruption activists also supported it. Civil society groups were important advocates. Governance experts stress its importance for open government. Accountability and public trust depend on it.
Mr. Owusu spoke on Joy FM's Super Morning Show. He noted that the RTI Act recognises public institutions already. It also mentions "relevant private bodies". However, these private bodies will only become subject to the law once the LI is passed. This means a gap exists in our transparency framework. The Commission is trying to bridge this gap. It uses a broad definition of public institutions. This is found in Section 84 of the RTI Act. This section includes private organisations that use public money. It also includes those carrying out public duties.
The Commission uses an expansive interpretation. This aims for more transparency. It also seeks more accountability. This applies to both public and quasi-public activities. Mr. Owusu stressed this is not about meddling in private business. It is about ensuring accountability where public interest is involved. The goal is transparency when private bodies interact with the public. This interaction could involve public funds or public services.
The delay in passing the LI has significant economic implications. Greater transparency in private bodies that handle public funds or perform public functions can attract investment. It can also reduce corruption risks. This can lead to more efficient use of public resources. The current situation creates uncertainty for businesses. It also leaves the public with less information. This hinders effective oversight. The government's commitment to good governance is tested by such delays. Investors often look for strong regulatory frameworks. The absence of this LI weakens Ghana's position.
Looking ahead, the passage of the LI will be critical. It will bring clarity to businesses. It will also enhance public access to information. This will strengthen Ghana's democratic institutions. It will also bolster its reputation for transparency. The financial sector and other regulated industries will be particularly affected. They often have dealings with the state. Clear rules will benefit them. Decision-makers must expedite this process. The public and potential investors will watch for progress.