Ghana’s Human Rights Court gives life to the right to information

michael_gyan_nyarkoAuthor: Michael Gyan Nyarko
Doctoral Candidate and Academic Tutor, Centre for Human Rights; Editor: AfricLaw.com

Ghana has been described as ‘a beacon of hope in Africa’ on account of its good governance and respect for human rights.’[1] With a fairly liberal constitution which guarantees quite an elaborate list of civil and political rights as well as socio-economic rights, political stability and economic growth over the past two decades, this description of Ghana is not farfetched.  While Ghana has performed reasonably well with regards to respect for human rights, there still remain several human rights issues that require urgent attention. One of those issues is the right to information.

The right to information is guaranteed and entrenched in the Constitution.[2] Article 21(1)(f) of the Constitutions provides that ‘all persons shall have the right to information, subject to such qualifications and laws as are necessary in a democratic society’.  However, this right has not been effectively enjoyed as government has failed to enact a right to information law to give effect to the constitutional provision. A right to information bill proposed by successive governments has been pending for over a decades. The absence of a right to information law has left a vacuum where citizens do not have clarity on whom to approach for official government information, which information may not be requested and what financial burden they may bear for such request. This has resulted in the rather limited use of the right to information, especially with regards to request for official government documents.

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Freedom of expression for a day in Eritrea

thato_motaungAuthor: Thato Motaung
Researcher, Centre for Human Rights, Faculty of Law, University of Pretoria

International Day to End Impunity for Crimes against Journalists: 2 November 2014

In a land where the right to freedom of expression and information is heavily curtailed, I sought to interview three exiled Eritrean journalists and allow them the space to freely express what they cannot in their country.

Why did you choose to become a journalist?

*Aman: “I used to be a development worker; I was taken to prison camps and three times I saw people tortured and killed. I started to write stories and post articles on what was happening…I became a journalist by accident – all I wanted to do was contribute to justice”.

Since Eritrea’s “liberation” from Ethiopia in 1991 and its international recognition as an independent sovereign state in 1993, the country gradually evolved into a nation rife with human rights abuses. Notably, the systematic attack on dissent of any form resulting in extrajudicial killings, torture, arbitrary arrests and indefinite incommunicado detentions.

What does freedom of expression mean to you?

Aman:” It is a symbol of democracy- the flow of information without fear or restrictions – the means to freely enlighten and educate”.

18 September 2001 was coined as the Eritrean government’s ‘Crackdown’ on all independent media, when it banned the entire private press by shutting down media houses. It also marked the end of dissenting voices at the political level. Eighteen journalists, as well as eleven political leaders  were rounded – up and imprisoned incommunicado without trial. Their whereabouts are still unknown till today. Since then, more than 70 journalists have been detained at different periods in time.

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