Mrs. Neneh Macdouall-Gaye – Chairperson of Information Commission
By Buba Gagigo
The Information Commission has issued an official reminder to public institutions in The Gambia regarding their responsibilities under the Access to Information (ATI) Act, 2021. Designed to promote transparency, accountability, and good governance, the Act enshrines the public’s right to access information held by public institutions.
The Commission outlined several critical obligations for public institutions to ensure compliance with the ATI Act:
According to Section 9 of the ATI Act, the head of each public institution, in consultation with the relevant Minister, must appoint an Information Officer responsible for managing information requests and ensuring adherence to the Act. The Commission also recommends the appointment of Deputy Information Officers to improve efficiency. The names of appointed officers must be officially published in the Gazette.
Under Section 7 of the ATI Act, public institutions are required to proactively disclose information related to their activities, policies, and decisions within 30 days of their creation or receipt. This includes publishing manuals, policies, procedures, and other relevant documents, thereby ensuring public access without the need for formal requests.
Additionally, public institutions must submit annual information publication plans to the Information Commission, detailing the steps they will take to comply with proactive disclosure requirements and enhance the accessibility of public records.
The ATI Act guarantees every individual the right to request information from public institutions. Public institutions are obliged to:
- Respond to requests within 21 days or within 48 hours in cases of urgency, particularly those involving matters of life or liberty.
- Provide clear reasons for any refusals, citing the relevant provisions of the Act.
- Facilitate internal reviews of decisions when requested, in line with the timelines set out by the Act.
The Information Commission emphasized its authority to monitor compliance, which includes conducting inspections, issuing directives, and imposing penalties for non-compliance.
The Commission urged public institutions to:
- Immediately designate and submit the names of their Information and Deputy Information Officers for publication in the Gazette.
- Develop and submit their information publication plans to the Commission.
- Engage in proactive disclosure of information as required by the ATI Act.
The Commission further emphasized that fulfilling these obligations is not only a legal requirement, but also a crucial step toward promoting an informed citizenry and strengthening democratic governance.
“The Information Commission reaffirms its commitment to assisting public institutions in meeting their obligations under the ATI Act. By working together to promote transparency and accountability, we can empower citizens and bolster democratic governance in The Gambia,” the statement concluded.