The Fourth Estate's targeted examination reveals the rampant denial of information requests by public bodies.
This statement was originally published on mfwa.org on 28 September 2024.
Information disclosure remains a huge challenge in public institutions across West Africa. In most instances, citizens have been at the mercy of governments, public institutions and agencies who provide or disclose information as a favour rather than a right.
Today Saturday, September 28, 2024, as the world is marking the International Day of Universal Access to Information (IDUAI), the Media Foundation for West Africa (MFWA) wishes to reiterate the invaluable role of access to information in creating informed societies and the conditions for accountable and participatory governance – reasons for which we urge all governments in West Africa to prioritise access to information.
The theme for this year’s IDUAI celebration “Mainstreaming Access to Information and Participation in the Public Sector” explores how mainstreaming access to information across government sectors will enhance the right to information. This is consistent with our longstanding efforts at promoting a culture of openness and accountability in public administration across West Africa.
Over the years the MFWA has carried out several initiatives to ensure that citizens have a proper and extensive understanding of access to information (ATI) laws and are able to utilise them to demand accountability and transparency in governance processes. Under its project on Access to Information, the Organization has consistently trained journalists, the public and government officials on the ATI. The MFWA has also provided funds for stories on ATI as a way of highlighting the relevance of the Law and challenges for remedy.
Despite these, the age-old challenge of lack of disclosure and secrecy among public institutions under the guise of exempted information still holds. For instance, The Fourth Estate, an investigative journalism project of the MFWA in Ghana, in 2021, published a total of 36 requests made to 33 institutions that were denied. In an earlier publication, only 4 out of 17 requests made to local government agencies were responded to.
While this may appear underwhelming, a similar trend is happening in Nigeria. For journalists in the country, the Freedom of Information (FOI) law has become the last resort if all avenues fail. They would rather use other means to secure information than use the FOI law at the risk of being frustrated and eventually denied. And while Sierra Leone is among the top five countries with a progressive FOI law, its application has not matched the distinction of the text.
ATI laws also require public institutions to proactively provide information. This information can be put on various platforms such as websites, social media, and notice boards among others. This will make information readily available and limit the pressure and frustration information seekers have to go through when making a request. Unfortunately, what is often observed is a dysfunctional website with dummy contents or broken links is become the norm among many public institutions in the sub-region. While this may be a ploy to withhold information, sometimes, it is due to capacity deficiency and substandard information management infrastructure. Indeed, a number of public institutions across West Africa have failed to transform their massive printed data into digital formats, making it laborious for them to locate and provide certain statistical data.
Another trend being adopted by public institutions to deny citizens access to information is the use of certain contradicting institutional regulations. For instance, when The Fourth Estate made a request to the Minerals Commission of Ghana to demand the list of companies who have a licence to mine, it quoted a law that demanded about Ghc6,000 (approximately $1,000 then) to be paid before such information could be released. This is in spite of the fact that Ghana’s Right to Information Law supersedes the Acts and internal regulations governing public institutions, especially in respect of fees and charges. Additionally, the Government of Ghana has on several occasions denied them access to certain information under frivolous excuses. These circumstances tend to deter well-meaning citizens from enjoying their constitutional rights and benefits. They tend to be observers rather than active participants in the governance of a country.
The reluctance to open up governance to the citizens also affects the effective implementation of access to information laws. This is reflected in government’s lack of support for the ATI oversight institutions, just like the case of all anti-corruption institutions.
The already restricted information space has shrunk further with the advent of military governments in Niger, Burkina Faso, Mali and Guinea where, a state of emergency has undermined democratic and pro-accountability legislation, such as access to information.
As the world celebrates this year’s IDUAI, the MFWA joins the rest of the world to urge governments and leaders to prioritise citizens’ access to information by ensuring that public institutions make information accessible to citizens. To achieve this, governments must ensure that all departments and agencies in the public administration system are equipped with the requisite information management infrastructure and skills to be able to provide effective service to the public regarding demands for information.
