By Sariba Manneh
In its quest to enlighten stakeholders, partners, and the general public, The Gambia Press Union (GPU), has engaged Directors of Ministries on the implementation of the Access to Information (ATI) 2021 Act yesterday Wednesday, 24 July, 2024.
In collaboration with the CSO Coalition on Access to Information and with funding from the United Nations Democracy Fund, the event was meant to expose Directors to good and effective public information management practices and good practices on ATI law implementation plans.
Participants were enlightened on the role of the Media Council of The Gambia (MCG) in promoting journalistic compliance.
Speaking at the event, Muhammed S. Bah, president of GPU said in July 2021, the National Assembly passed the ATI Bill unanimously, and a month later, it was signed into law by the President of the Republic. The legislative framework of the Bill grants every citizen the legal right to access information held by the government and private entities on behalf of the public, and the law is not just a triumph of drafting it, but its true success lies in its application, use, and implementation. He said before 2017, the right to information in The Gambia was shrouded in the politicization and misrepresentation of information. He said the previous regime painted the law as a threat to peace and stability and used the narrative to evade accountability by suppressing press freedom and stifling freedom of expression, the result of which was a significant limitation on access to information and a denial of the citizens’ right to know.
“However, the winds of change swept through our country in 2016, leading to a surge in public interest in access to information. This momentum was driven by an unprecedented five-year campaign led by civil society organizations including the Gambia Press Union. The campaign culminated in the formation of the CSO Coalition on Access to Information and the initiation of the ATI Bill,” he said. He further stated that the commissioners for the Information Commission have finally been confirmed by Parliament, which he said is great news. He said as they enter the implementation phase of this critical legislation, the role of the Directors becomes indispensable and as key administrators, decision-makers and enforcers within the public sector, their engagement is vital to ensure the effective application of the ATI Act.
He said Section 6 of the ATI Law mandates every public institution to create, organize, and maintain information in a manner that facilitates easy access and this means producing information on all activities, arranging it systematically, and preserving it in good condition to ensure its safety and integrity.
“Today’s engagement focuses on the discussion of good document management practices, both traditional paper-based systems and modern electronic record management systems. We will also explore the proactive publication of information as mandated by Section 7 of the Act and the submission of Implementation Plans to the Information Commission as required by Section 8,” he said.
Senior Information Officer at the Department of Information Services Madiba Sillah who represented the principal information officer at the Department of Information, said since the passing of the law, the Ministry and the Department have been working assiduously together with partners like GPU, on the implementation mechanism of the Law. He said a series of consultations and capacity-building exercises have been conducted to enhance institutional and personnel readiness for the implementation of the law.
“The Ministry’s setting up of the Key Stakeholders Forum (KSF) which GPU is a valuable constituent, embodies our conviction that implementing such a mammoth program requires not only a collective endeavor, but also an affirmation of our fervent belief in the spirit of teamwork. This is a continuum of the same spirited concerted efforts between government and civil society, that brought about the ATI Act in the first place,” he said. He said that was in recognition of the power of information and the desire to create the right political and legal mechanism for access to public information that the Gambia Government signed in August 2021. He said the enactment of the law is indeed a profound testament of the commitment of government to the ideals of democracy, and a conviction that meaningful participation in democratic processes requires a well-informed citizenry.
“Moreover, in its quest to transform The Gambia into a beacon of democracy, the government has been passionately creating the right environment for citizens’ unrestricted participation in national decision-making processes. It is worth noting that access to diverse information enhances informed decision-making; thus, encouraging participation in national development. Together with other partners, the Ministry has developed an implementation framework for the ATI Act, which serves as a vital guiding tool for public institutions,” he said.
He added that the missing link in the implementation process of the ATI Act had been the absence of the Information Commission, saying he is glad that the nominated Information Commissioners have been confirmed by parliament. He said the Access to Information Law is in full swing, and said to engage Directors on ATI Law implementation and good document management practices is timely and critical. He said as decision-makers, they have a critical and demanding responsibility in the application of the Law.
“Importance of Access to Information cannot be over-emphasized. Hence many international conventions and organs have recognized the inevitability of an effective mechanism for access to public information in a functional democracy.
‘‘Whether it is the Human Rights Council General Assembly 2020 resolution, which called on ‘public authorities to strive to make information available, or the Windhoek +30 Declaration adopted in May 2021 affirming the need to uphold information as a public good that serves as a shared resource for the whole of humanity; or the Sustainable Development Goal (SDG) target 16.10, which specifically calls for states to ensure public access to information and protect fundamental freedoms under national legislation and international agreements’, there is overwhelming acknowledgement that access to information affords the necessary enabling mechanism for transparent, accountable and participatory governance,” he said.
He promised that his Department would continue to build partnerships with relevant institutions, both state and non-state actors, for the smooth and effective implementation of the Access to Information Law, as well as in many other development interventions.
