The Act, which was enacted to promote transparency, accountability, and good governance, imposes clear responsibilities on public institutions to ensure the public’s right to access information is upheld. The key obligations of Public Institutions under the ATI Act are as follows:
Designation of Information Officers
As stipulated in Section 9 of the ATI Act, the head of every public institution must designate an Information Officer in consultation with the Minister responsible for that institution. These officers are responsible for handling requests for information and ensuring compliance with the Act.
Furthermore, the designated officers must be formally published in the Gazette. Institutions are urged to also appoint Deputy Information Officers where necessary to support this function and ensure effective service delivery.
Proactive Disclosure
Under the ATI Act, public institutions are required to proactively disclose information related to their activities, policies, and decisions. Section 7 of the Act mandates that public institutions publish such information within 30 days of its generation or receipt. This includes manuals, policies, procedures, and other relevant documents, ensuring that critical information is accessible to the public without formal requests.
Submission of Implementation Plans
Public institutions are reminded of their obligation to submit an annual information publication plan to the Information Commission. These plans must detail how they will fulfill their proactive disclosure requirements and improve accessibility to public records.
The ATI Act guarantees the right of every person to request information from public institutions. Institutions are required to:
- Respond to requests within 21 days, or within 48 hours in urgent cases involving the life or liberty of a person.
- Provide clear reasons for any refusals, citing the specific provisions of the Act.
- Facilitate internal reviews of decisions upon request by applicants or third parties within the timelines specified in the Act.
The Information Commission has the mandate to monitor compliance with the ATI Act. This includes conducting inspections, issuing directives, and imposing penalties for non-compliance.
Public institutions are encouraged to cooperate fully to uphold the principles of transparency and accountability.
In this regard, The Information Commission calls on all public institutions to:
- Immediately designate and submit the names of their Information and Deputy Information Officers to the Ministry of Information for publication in the Gazette.
- Develop and submit their Implementation and Information publication plans to the Commission without delay.
- Engage in proactive disclosure of information as required by the ATI Act.
The Commission emphasizes that adherence to these obligations is not only a legal requirement but a critical step toward fostering an informed citizenry and strengthening democratic governance.
The Information Commission reiterates its commitment to supporting public institutions in fulfilling their obligations under the ATI Act. By working together to promote transparency and accountability, we can foster an informed citizenry and strengthen democratic governance in The Gambia.
