Yaw Sarpong Boateng, Esq., Executive Secretary of the Right To Information Commission (RTIC) has addressed the RTI law as he shed emphasis on the inclusion of private organizations in the scope of public scrutiny.
Under the theme “Three Years of the Right to Information Implementation – Ghana’s Journey so Far,” the forum provided a platform for stakeholders to discuss the progress and challenges in implementing the Right to Information (RTI) Law in Ghana.
Speaking on the clarity of the law, Mr. Boateng highlighted Section 84 of the act, which defines what constitutes a public institution. He emphasized that the law makes a clear distinction between government agencies and private organizations, stating, “It assumes that we already know what the public ones are which are the governmental agencies, but when it talks about private, it says whether you’re receiving public resources or performing public functions.”
Mr. Boateng clarified that the law considers private organizations as public institutions if they receive public resources or perform public functions. He cited the example of a bank listed on the stock exchange, stating that although it may not receive direct funding from the government, it invites the public to participate, engages in procurement processes, and uses public resources indirectly.
“We don’t see public resources as just what you may receive from the government. If you invite the public to play with you, they have the right to question what you do, and that is what the law has sought to do,” Boateng explained.
Expressing the need for a broader perspective on accountability, Mr. Boateng urged Ghanaians not to solely question government actions but also scrutinize private organizations that engage in public functions. He drew a parallel with the United States, where similar practices were initially met with resistance from private institutions, but laws evolved to include them in the accountability framework.
“It’s a stage that we all go through to make sure we get full implementation, and we are accountable for the information we generate,” Boateng concluded, highlighting the ongoing journey towards achieving transparency and accountability through the full implementation of the RTI Law in Ghana.