Monday, June 22, 2009
Gov't will sanction errant mobile phone companies
The Vice President, John Dramani Mahama, has criticized shoddy services some mobile telephony companies are foisting on their customers and warned that if the errant companies do not improve their services, government would be compelled to sanction them.Expressing the concerns of the larger population, he observed that Ghanaians are particular about the quality of the communications services and the extent of indifference on the part of service providers is particularly worrying."There is no passing day without complaints being raised on the quality of service. Some of the services are atrocious and abysmal, and government will not hesitate to impose the severest sanctions to any service provider which disregards our regulations," he warned.The Veep was delivering the keynote address at the four-day International Telecommunication Union (ITU) Forum on the "Implementation of Decisions of World Telecommunications Standardization Assembly-08(WTSA-08)" and the ITU Study Group 12 Africa Region Workshop which ends today.Participants consisting of policy makers, regulators, telecom operators mainly from Africa in the ITU industry are reviewing the African experience in the WTSA-08 and considering the activities put in place to implement resolutions adopted in Johannesburg last year that are of interest to Africa.Mr. Mahama recognized the importance of communicating freely as it is a pre-requisite for a more equitable, prosperous and peaceful world. To this end, he urged developing countries to be concerned with the so-called Digital Divide which has the tendency to further push developing countries to the margins of global development."With the advances in technology and in this era of convergence, where traditional telephone services, mobile networks, Television and radio broadcasting now carrying new kinds of services, the ITU should provide assurance that its standards will work anywhere in the world and that equipment will integrate effortlessly with installed systems," he anticipated.He recalled the reforms that have taken place in the ITU sector in Ghana from the mid-1990s leading to liberalization, and Government Communication policy initiated in 1998 to address rural access, media and broadcasting, and also the application of technology for the education and health sectors.The Vice President reiterated Government's commitment to making ICT the key to the future of Ghana despite the economic challenges confronting the country. "In the face of economic problems, Government is continuing with the provision of broadband infrastructure in all the administrative districts of the country. While this will facilitate the implementation of our policy e-Government programme, it will help reduce the cost of bandwidth and also the cost of doing business in Ghana". The Minister of Communications, Hon Haruna Iddrisu, was of the view that in this Information and Technology Age, it was necessary for everyone to be abreast with current developments, irrespective of where one resides so that none is left out in the quest for socio-economic development.He said government is particularly unhappy about the indiscriminate sitting of communications towers. "Indeed, it is unsightly and poses environmental challenges and the National Communications Authority (NCA) should do best to enforce regulations on co-location". On the war on cyber crime, Hon. revealed that the ITU would be sending a technical team within the next two months to help the country address the rising incidence of cyber threats.Reviewing the WTSA-08 meeting in South Africa, the Director of Telecommunication Standardization Bureau (TSB) of the ITU, Mr. Malcom Johnson, disclosed that the meeting adopted a resolution on ICTs and climate change, accessibility to ICTs for persons with disabilities, and encouraging academic participation and sector member countries.He said the meeting advocated that ITU should continue on its mission to connect the world and bridged the standardization gap, by increasing developing countries participation in the ITU's work. He said Africa is now represented by eight leadership positions compared to just four previously and this "sends a very positive message to the rest of the world."
CPP MAY SUE GOV'T OVER SEIZED ASSETS
A CPP veteran and minister in Dr. Nkrumah's regime, Mr Kwame Sanaa-Poku Jantuah has disclosed that the party might consider going to court to compel the NDC government to release its assets confiscated after the 1966 coup.Some of the assets confiscated include, the CPP's former national headquarters, which currently houses the Ministry of Information, and the party's offices in Sunyani and Kumasi also housing the Ghana Police Service and the Ministry of Education respectively.Although the National Reconciliation Commission (NRC) recommended the deconfiscation of these assets and their return to the CPP, the New Patriotic Party (NPP) administration, which set up the NRC failed to execute the action until it left office on January 7, 2009."If our request fails the party could take a writ to court to secure the release of our properties like we did with the use of the name Convention People's Party (CPP). Remember that the court is the final arbiter and that will be the last resort", he told Public Agenda after a news conference to mark the party's 60th anniversary. "We can prove that it was the CPP that built those structures and not the government; it was the deductions made from party members that were used to build all the structures."Commenting on some political ideologies, Mr. Jantuah, who held various positions in the CPP government, including Minister of Agriculture, Ambassador to Brazil and National Leader of the CPP Youth League, distinguished the CPP from the NDC, explaining that while CPP is socialist while the NDC claims to be social democrat "You cannot have socialism without democracy, hence to combine the two terms amounts to tautology".He lamented the occasional denigration of the philosophy, "property owning democracy" explaining that an essential element of socialism is to ensure that the masses own property, thus he finds no flaw in the concept.In a separate interview, a former MP for Evalue Gwira, Mr. Kojo Armah, said the only way to convince ex-CPP members to return to the fold in this era of freedom of association is for the "party to make itself attractive". He pointed out that politics is about winning power and it is only natural that "people want to associate themselves with the winning side"."We must begin to find answers to questions such as why our campaign collapsed in the run up to the 2008 elections. Either our message was not properly crafted or the leadership did not make the party attractive or there is something wrong which we have not find out." He hinted that the party would be organizing family dialogues to diagnose the past and to confront the future. He reasoned that because of the various divisions with their attendant formation of parties like PNC, NIP, PHP, PCP, CP, and GCPP at one time or the other, "everybody has a position or perception and all these have to be resolved."He said, "for instance, the problem of the PNC is where to place Dr. Hilla Limann in the scheme of an all inclusive united Nkrumaist party. I personally believe that we have to still do with the Nkrumaist tradition and personalities like Dr. Limann would be one of prominent leaders."Addressing the news conference, the CPP Chairman, Mr. Ladi Nylander, called on all party members to act with "a heightened sense of unity and common purpose" to redefine the party and commit themselves to the principles of social justice, self determination and Pan-Africanism; the three pillars which underscore all that the party stands for."We must re-consider the plight of the poor, the workers, the disadvantaged and the youth. We must have to reconnect with our traditional base support. But we must act with discipline and behave as comrades dedicated only to the improvement of the livelihood of the people of Ghana," he exhorted his fellow comrades.Mr. Nylander said it is only the CPP which has a credible programme to "bring the economy back home". He added that if it had won the 2008 elections, the party would have implemented a fast track programme which would have addressed the challenges buffeting the economy. He paid glowing tribute to Dr. Nkrumah and other stalwarts like Kojo Botsio, K.A. Gbedemah, Krobo Edusei. Archie Casely-Hayford, Kofi Baako who made great sacrifices to establish and build the party. Mr. Nylander also eulogized the pivotal role played by Imoru Egala, Krobo Edusei, Nana Okutwer Bekoe and others during the years in opposition.Present at the function were other leading party members such as Dr Abu Sakara, Mr. Mike Eghan, and Hajia Hamdatu Ibrahim-Haruna
COBWEBS IN GHANA@50 AUDIT REPORT
...Parliament, Finance Ministry blamed for mess
The audited accounts of Ghana@50 Secretariat has recommended that Parliament, the Ministry of Finance and the National Planning Committee should be jointly and severally responsible for the financial mess the Secretariat committed during and after the celebrations.The report, which was laid before Parliament last Thursday, specifically faults Parliament for failing to act on the fact that neither the Ministry of Finance nor the Secretariat presented budget estimates in accordance with Constitutional provisions on financial matters and approved amounts of $20 million and $11.8 million for the Secretariat.The result of this act of omission by Parliament was that the Secretariat was left with no option than to spend the amount allotted in accordance with the exigency of the Ghana Golden Jubilee programme.The report for the period, May 2006-December 2008, is a documentation of gross financial irregularities and non-adherence of the Financial Administration Regulation. "Parliament's non-compliance with the Constitution also made it impossible for me to establish the officer in control of and accountable for the use of the funds and whether the funds that were approved used only in accordance with the purpose described as provided in section 14 of the Financial Administration Act, 2003(Act 645) " said the Auditor-General, Mr. Edward Dua Agyeman, who signed the report.Besides, the report said the omissions by Parliament and the Finance Ministry also led to the "Secretariat's financial indiscipline by contracting loans, bank overdrafts, as well as granting facilities to other public institutions contrary to the provisions of the 1992 Constitution.""Finally, Parliament, Ministry of Finance and Economic Planning, National Planning Committee of Ghana@50 Secretariat should share any improprieties in the decision reached by the Secretariat in the disbursement of any funds in the handling of programmes and projects of the Ghana Golden Jubilee celebration," the Report sums up on this damning note.The Report which has since been referred to the Public Accounts Committee for consideration, disclosed that the National Planning Committee incurred a total expenditure of GHc71.70 million against approved allocation of GHc29.31 million to implement programmes and activities towards the celebration of Ghana's Golden Jubilee and the African Union Conference held in 2007. "This amount exceeded the sum of GHc29.31 allocated by Parliament to the Secretariat by 144.62 percent," it added.Mr. Agyeman therefore recommended that Parliament should amend section 12 of the Loans Act, 1970 (Act 335) to prescribe sanctions against a Minister of Finance who will fail to adhere to the provision which demands that "The Minister ( of Finance) is responsible for laying before Parliament for its approval the terms and conditions of a loan or guarantee, the terms and conditions of which are required by the Constitution and by this Act to be laid before, and approved by, a resolution of Parliament".The Ghana@50 Secretariat was established in May 2006 by the National Planning Committee, a Cabinet Sub-Committee, to formulate programmes and activities towards the celebration of Ghana's Golden Jubilee and Africa Union Conference held in 2007. The NPC, which was chaired by Mr. Kwadwo Mpiani, the then Chief of Staff, served as the policy decision body with the secretariat as the implementing body. Dr. Charles Wereko-Brobby was the Chief Executive of the Secretariat.
The audited accounts of Ghana@50 Secretariat has recommended that Parliament, the Ministry of Finance and the National Planning Committee should be jointly and severally responsible for the financial mess the Secretariat committed during and after the celebrations.The report, which was laid before Parliament last Thursday, specifically faults Parliament for failing to act on the fact that neither the Ministry of Finance nor the Secretariat presented budget estimates in accordance with Constitutional provisions on financial matters and approved amounts of $20 million and $11.8 million for the Secretariat.The result of this act of omission by Parliament was that the Secretariat was left with no option than to spend the amount allotted in accordance with the exigency of the Ghana Golden Jubilee programme.The report for the period, May 2006-December 2008, is a documentation of gross financial irregularities and non-adherence of the Financial Administration Regulation. "Parliament's non-compliance with the Constitution also made it impossible for me to establish the officer in control of and accountable for the use of the funds and whether the funds that were approved used only in accordance with the purpose described as provided in section 14 of the Financial Administration Act, 2003(Act 645) " said the Auditor-General, Mr. Edward Dua Agyeman, who signed the report.Besides, the report said the omissions by Parliament and the Finance Ministry also led to the "Secretariat's financial indiscipline by contracting loans, bank overdrafts, as well as granting facilities to other public institutions contrary to the provisions of the 1992 Constitution.""Finally, Parliament, Ministry of Finance and Economic Planning, National Planning Committee of Ghana@50 Secretariat should share any improprieties in the decision reached by the Secretariat in the disbursement of any funds in the handling of programmes and projects of the Ghana Golden Jubilee celebration," the Report sums up on this damning note.The Report which has since been referred to the Public Accounts Committee for consideration, disclosed that the National Planning Committee incurred a total expenditure of GHc71.70 million against approved allocation of GHc29.31 million to implement programmes and activities towards the celebration of Ghana's Golden Jubilee and the African Union Conference held in 2007. "This amount exceeded the sum of GHc29.31 allocated by Parliament to the Secretariat by 144.62 percent," it added.Mr. Agyeman therefore recommended that Parliament should amend section 12 of the Loans Act, 1970 (Act 335) to prescribe sanctions against a Minister of Finance who will fail to adhere to the provision which demands that "The Minister ( of Finance) is responsible for laying before Parliament for its approval the terms and conditions of a loan or guarantee, the terms and conditions of which are required by the Constitution and by this Act to be laid before, and approved by, a resolution of Parliament".The Ghana@50 Secretariat was established in May 2006 by the National Planning Committee, a Cabinet Sub-Committee, to formulate programmes and activities towards the celebration of Ghana's Golden Jubilee and Africa Union Conference held in 2007. The NPC, which was chaired by Mr. Kwadwo Mpiani, the then Chief of Staff, served as the policy decision body with the secretariat as the implementing body. Dr. Charles Wereko-Brobby was the Chief Executive of the Secretariat.
BNI MUST GROW UP ...
A Constitutional and Human Rights lawyer, Mr. Akoto Ampaw, has urged the Bureau of National Investigations (BNI) to grow above what he describes as outmoded methods of interrogating people. He said under normal circumstances, allegations of financial impropriety ought to be treated as regular case and be handled by the Police, rather than the BNI. "The moment such financial matters are dealt with by the BNI, it gives the impression that there is more to it."Commenting on the interrogation of Mr. Kwadwo Mpiani, ex-Minister of Presidential Affairs and Chief of Staff by the BNI last Tuesday in an exclusive interview with Public Agenda, Mr. Ampaw argued that it was pointless for the BNI to have kept Mr. Mpiani up to 10:00p.m if they knew they would continue the interrogation the next day. "For four to five months since the NPP left office, the ex-Chief of Staff has not indicated in any way that he would be running away from this country and therefore if the interrogation was not complete by the close of day, the BNI could have asked him to go home and come the next day. But to have kept him that late gave cause for people to suspect that the BNI is up to something." In Mr. Ampaw's view, the keeping of a suspect for "not more than 48 hours" which is usually used by the security agencies as defence is not a legitimate response, since the 48 hours rule comes into play when in extreme cases interrogation cannot be completed. He added that although Mr. Mpiani has not been charged with any offence, he had the right to legal representation since he was asked to come and clarify certain things.Meanwhile the NPP has described the incommunicado detention of Mr. Mpiani as an affront to the rule of law and a flagrant violation of the provisions of the fundamental human rights and freedoms under the 1992 Fourth Republican Constitution.The party says this modus operandi by the BNI under the rule of the National Democratic Congress "amounts to nothing less than constricting the frontiers of democracy" and smacks of revolutionary days of fire and brimstone. They have accordingly served notice that they would not countenance such illegal acts and "from now onwards shall resist them by whatever legal means and tools available to us."Responding to questions at a news conference by the Minority in Parliament on Wednesday, Hon. Ambrose Dery, Deputy Minority Leader, pointed out that the Constitution provides in explicit terms that a person arrested or detained shall have the right to legal representation and therefore the BNI exclusion of Mr. Mpiani's lawyers when their client was being interrogated was unconstitutional."The fight is to ensure that no Ghanaian is subjected to such treatment. And if the former Chief of Staff and Minister for Presidential Affairs could be subjected to such treatment then God have mercy on the individual Ghanaian." said Hon. Dery.Article 14(1) of the 1992 Constitution says that "Every person shall be entitled to his personal liberty and no person shall be deprived of his personal liberty except for example as provided for in 14(1) (g)" Upon the reasonable suspicion of his having committed or being about to commit a criminal offence under the laws of Ghana. However, Article 14(2) adds that, "A person who is arrested, restricted or detained shall be informed immediately; in a language that he understands, of the reasons for his arrest, restriction or detention and of his right to a lawyer of his choice."Hon. Prof. Mike Oquaye, Second Deputy Speaker, underscored the fact that the issue of incommunicado was very disturbing, especially against the background of recent memory when people in the custody of BNI got lost. The situation was worrying, more so when the NDC propaganda was deceiving Ghanaians that Mr. Mpiani had access to his lawyers.Addressing the press conference earlier, the Minority Leader, Hon Osei Kyei-Mesah-Bonsu, related that about 11am on June 2, the ex-Chief of Staff responded to an invitation by the BNI via telephone. The Chief of Staff, he reasoned, was not obliged to honour the invitation because anyone could have impersonated the voice; "but he went out of deference to legally constituted authority".According to him, by 6:00 pm when he had not been released and continued to be held incommunicado, the leadership of the NPP went to the BNI to inquire about the reason and circumstances of his continued detention. "No official of the BNI would respond to the entreaties of the spouse of Mr. Mpiani and the leadership of the NPP who made honest enquiries. Basic courtesies required that at least the spouse and some members in leadership of the party be informed about the reasons for the detention of Kwadwo Mpiani".He recalls that Mr.Mpiani has on many occasions been threatened with investigations relating to purported criminal conduct, but says he is not in the way perturbed as Mr. Mpiani himself had on many occasions publicly stated his readiness to co-operate with the Police, whenever he is needed to assist in investigations. "In the circumstance, one may want to know what the role of the BNI is in alleged criminal investigations. And for a person who has consistently stated his preparedness to submit himself to investigations, why detain him upon a telephone invitation?"Hon. Kyei-Mensah-Bonsu argues that the behaviour of NDC casts doubts on their campaign promise of "a better Ghana to all Ghanaians" which Ghanaians thought included good governance pivoted on the rule of law and resort to due process. MUST GROW UP ...Human Rights lawyer advisesA Constitutional and Human Rights lawyer, Mr. Akoto Ampaw, has urged the Bureau of National Investigations (BNI) to grow above what he describes as outmoded methods of interrogating people. He said under normal circumstances, allegations of financial impropriety ought to be treated as regular case and be handled by the Police, rather than the BNI. "The moment such financial matters are dealt with by the BNI, it gives the impression that there is more to it."Commenting on the interrogation of Mr. Kwadwo Mpiani, ex-Minister of Presidential Affairs and Chief of Staff by the BNI last Tuesday in an exclusive interview with Public Agenda, Mr. Ampaw argued that it was pointless for the BNI to have kept Mr. Mpiani up to 10:00p.m if they knew they would continue the interrogation the next day. "For four to five months since the NPP left office, the ex-Chief of Staff has not indicated in any way that he would be running away from this country and therefore if the interrogation was not complete by the close of day, the BNI could have asked him to go home and come the next day. But to have kept him that late gave cause for people to suspect that the BNI is up to something." In Mr. Ampaw's view, the keeping of a suspect for "not more than 48 hours" which is usually used by the security agencies as defence is not a legitimate response, since the 48 hours rule comes into play when in extreme cases interrogation cannot be completed. He added that although Mr. Mpiani has not been charged with any offence, he had the right to legal representation since he was asked to come and clarify certain things.Meanwhile the NPP has described the incommunicado detention of Mr. Mpiani as an affront to the rule of law and a flagrant violation of the provisions of the fundamental human rights and freedoms under the 1992 Fourth Republican Constitution.The party says this modus operandi by the BNI under the rule of the National Democratic Congress "amounts to nothing less than constricting the frontiers of democracy" and smacks of revolutionary days of fire and brimstone. They have accordingly served notice that they would not countenance such illegal acts and "from now onwards shall resist them by whatever legal means and tools available to us."Responding to questions at a news conference by the Minority in Parliament on Wednesday, Hon. Ambrose Dery, Deputy Minority Leader, pointed out that the Constitution provides in explicit terms that a person arrested or detained shall have the right to legal representation and therefore the BNI exclusion of Mr. Mpiani's lawyers when their client was being interrogated was unconstitutional."The fight is to ensure that no Ghanaian is subjected to such treatment. And if the former Chief of Staff and Minister for Presidential Affairs could be subjected to such treatment then God have mercy on the individual Ghanaian." said Hon. Dery.Article 14(1) of the 1992 Constitution says that "Every person shall be entitled to his personal liberty and no person shall be deprived of his personal liberty except for example as provided for in 14(1) (g)" Upon the reasonable suspicion of his having committed or being about to commit a criminal offence under the laws of Ghana. However, Article 14(2) adds that, "A person who is arrested, restricted or detained shall be informed immediately; in a language that he understands, of the reasons for his arrest, restriction or detention and of his right to a lawyer of his choice."Hon. Prof. Mike Oquaye, Second Deputy Speaker, underscored the fact that the issue of incommunicado was very disturbing, especially against the background of recent memory when people in the custody of BNI got lost. The situation was worrying, more so when the NDC propaganda was deceiving Ghanaians that Mr. Mpiani had access to his lawyers.Addressing the press conference earlier, the Minority Leader, Hon Osei Kyei-Mesah-Bonsu, related that about 11am on June 2, the ex-Chief of Staff responded to an invitation by the BNI via telephone. The Chief of Staff, he reasoned, was not obliged to honour the invitation because anyone could have impersonated the voice; "but he went out of deference to legally constituted authority".According to him, by 6:00 pm when he had not been released and continued to be held incommunicado, the leadership of the NPP went to the BNI to inquire about the reason and circumstances of his continued detention. "No official of the BNI would respond to the entreaties of the spouse of Mr. Mpiani and the leadership of the NPP who made honest enquiries. Basic courtesies required that at least the spouse and some members in leadership of the party be informed about the reasons for the detention of Kwadwo Mpiani".He recalls that Mr.Mpiani has on many occasions been threatened with investigations relating to purported criminal conduct, but says he is not in the way perturbed as Mr. Mpiani himself had on many occasions publicly stated his readiness to co-operate with the Police, whenever he is needed to assist in investigations. "In the circumstance, one may want to know what the role of the BNI is in alleged criminal investigations. And for a person who has consistently stated his preparedness to submit himself to investigations, why detain him upon a telephone invitation?"Hon. Kyei-Mensah-Bonsu argues that the behaviour of NDC casts doubts on their campaign promise of "a better Ghana to all Ghanaians" which Ghanaians thought included good governance pivoted on the rule of law and resort to due process.
Wednesday, May 27, 2009
Concerns raised over World Bank’s Disclosure Policy exemptions
By Ebenezer Hanson
The World Bank over the last 15 years, it is said, has been moving towards a policy of greater transparency by making more information available to stakeholders. The Executive Directors and the Bank Management have periodically reviewed the policy and expanded its scope: for example, in 1993, 2001 and 2005 the Board approved proposals to allow public access to additional documents. The result has been a fairly wide-reaching disclosure policy. It is in this spirit that the Bank in 2009 is rethinking its disclosure policy.
Last week the Bank, as part of a global consultation process, organized a forum in Accra to seek the views on the proposed policy revision from a wide range of stakeholders including civil society organizations, academia and the media, among others. In an approach paper, “Toward Greater Transparency: Rethinking the World Bank’s Disclosure Policy”, which formed the basis for the deliberations at the forum, the Bank acknowledges the limitations of the existing so-called “positive list”, hence its decision to dispense with it.
The “positive list” outlines the categories of information that are normally available to the public, subject to certain “constraints”. The approach paper notes, “Even though the policy contains provisions for considering the disclosure of information that is not listed, the existence of such “positive list” creates the perception that there is a presumption against the disclosure of information that is not on that list.”
Expatiating, Ms. Shakuntala V. Gunaratne of the World Bank, submits that although the Bank is doing away with the “positive list”, it will maintain a clear list of “exceptions” that is easier to interprete and implement. “The Bank would deny access to information for which there is a compelling reason for confidentiality- for example, personal information about staff; confidential or sensitive information given to the Bank by member countries and the other third parties with the express understanding that such information would not be disclosed; security information; or information that is subject to attorney-client privilege.”
However, it is the lack of explicit principles defining what should be categorized as confidential or strictly confidential that has become the source of dissent. Speaking on “The Nexus between World Bank Disclosure Policy and Freedom of Information” at the forum, a human rights activist and member of the Coalition on Freedom of Information, Mr. Sheshe Akoto-Ampaw, feared that the non-publication of the principles could be fertile grounds for arbitrariness on the part of officials tasked with the release of information. “The Bank should spell out the principles else they will become tools for arbitrariness”, he insisted. He adds that, “All stakeholders should assist the Bank so that the rules applicable to non-disclosure will not undermine or subvert the very goals the Bank is seeking to achieve with the new policy.”
Mr. Akoto-Ampaw also disagreed with the proposal that certain country-owned information would be treated confidential. “Is it because the country owns the information then it becomes confidential or there will be rules governing it?” he asked. His divergent stance is conceived in the idea that
“information owned by government is owned on behalf of the citizens and since governments are accountable to the people, the information must be made known to the people.” He was also uncomfortable with certain historical information which will be exempted at all times describing it as “problematic”.
While welcoming the establishment of an appeal mechanism with the power to review a previous decision refusing a request for a piece of information, he was concerned with the composition of the appeal committee. “Will it be composed of officials from the bank?” he quizzed, adding that the best practice leans towards an independent regulatory mechanism.
Mr. Akoto-Ampaw advised that careful note must be taken of the words used in the document on the policy “else we hail it only to realize later that desired goals have not been achieved”.
The Bank’s disclosure policy states a “presumptive in favour of disclosure”. This paradigm shift is consistent with the Bank’s model, which recognizes the importance of transparency as a critical tool for enhancing good governance, accountability and development effectiveness.
The Disclosure Policy framework would be organized around four basic principles. These are maximizing access to information; a clear list of “exceptions” that is easier to interpret and implement; a clear framework for processing requests for information and the right to appeal.
As a development finance institution, the Bank strives to be transparent about projects and programmes share its global knowledge and lessons of experience with the widest possible audience, and enhance the quality of its operations by engaging with the development.
As an intergovernmental organization owned by countries, the Bank is accountable for public money, has an obligation to be responsive to the questions and concerns of its shareholders. The Bank has also established the disclosure of information helps attracts purchasers to its securities.
Responding to some of the criticisms raised by Mr. Akoto-Ampaw during the discussion session, the World Country Director for Ghana, Mr. Ishac Diwan, explained that the Bank might classify certain snippets of information confidential because “premature disclosure could affect a country’s national security or financial trends, for instance, the country’s exchange rate.”
Mr. Abdulai Daramani of Third World Network-Africa (TWN-Africa) objected to some of the timelines placed on certain projects relative to disclosure of information arguing that the “ moment a project is completed information on it should be disclosed”.
Ms. Gunaratne assured the forum that the concerns raised would be considered in the draft policy to be submitted to the World Bank Board Management.
The World Bank over the last 15 years, it is said, has been moving towards a policy of greater transparency by making more information available to stakeholders. The Executive Directors and the Bank Management have periodically reviewed the policy and expanded its scope: for example, in 1993, 2001 and 2005 the Board approved proposals to allow public access to additional documents. The result has been a fairly wide-reaching disclosure policy. It is in this spirit that the Bank in 2009 is rethinking its disclosure policy.
Last week the Bank, as part of a global consultation process, organized a forum in Accra to seek the views on the proposed policy revision from a wide range of stakeholders including civil society organizations, academia and the media, among others. In an approach paper, “Toward Greater Transparency: Rethinking the World Bank’s Disclosure Policy”, which formed the basis for the deliberations at the forum, the Bank acknowledges the limitations of the existing so-called “positive list”, hence its decision to dispense with it.
The “positive list” outlines the categories of information that are normally available to the public, subject to certain “constraints”. The approach paper notes, “Even though the policy contains provisions for considering the disclosure of information that is not listed, the existence of such “positive list” creates the perception that there is a presumption against the disclosure of information that is not on that list.”
Expatiating, Ms. Shakuntala V. Gunaratne of the World Bank, submits that although the Bank is doing away with the “positive list”, it will maintain a clear list of “exceptions” that is easier to interprete and implement. “The Bank would deny access to information for which there is a compelling reason for confidentiality- for example, personal information about staff; confidential or sensitive information given to the Bank by member countries and the other third parties with the express understanding that such information would not be disclosed; security information; or information that is subject to attorney-client privilege.”
However, it is the lack of explicit principles defining what should be categorized as confidential or strictly confidential that has become the source of dissent. Speaking on “The Nexus between World Bank Disclosure Policy and Freedom of Information” at the forum, a human rights activist and member of the Coalition on Freedom of Information, Mr. Sheshe Akoto-Ampaw, feared that the non-publication of the principles could be fertile grounds for arbitrariness on the part of officials tasked with the release of information. “The Bank should spell out the principles else they will become tools for arbitrariness”, he insisted. He adds that, “All stakeholders should assist the Bank so that the rules applicable to non-disclosure will not undermine or subvert the very goals the Bank is seeking to achieve with the new policy.”
Mr. Akoto-Ampaw also disagreed with the proposal that certain country-owned information would be treated confidential. “Is it because the country owns the information then it becomes confidential or there will be rules governing it?” he asked. His divergent stance is conceived in the idea that
“information owned by government is owned on behalf of the citizens and since governments are accountable to the people, the information must be made known to the people.” He was also uncomfortable with certain historical information which will be exempted at all times describing it as “problematic”.
While welcoming the establishment of an appeal mechanism with the power to review a previous decision refusing a request for a piece of information, he was concerned with the composition of the appeal committee. “Will it be composed of officials from the bank?” he quizzed, adding that the best practice leans towards an independent regulatory mechanism.
Mr. Akoto-Ampaw advised that careful note must be taken of the words used in the document on the policy “else we hail it only to realize later that desired goals have not been achieved”.
The Bank’s disclosure policy states a “presumptive in favour of disclosure”. This paradigm shift is consistent with the Bank’s model, which recognizes the importance of transparency as a critical tool for enhancing good governance, accountability and development effectiveness.
The Disclosure Policy framework would be organized around four basic principles. These are maximizing access to information; a clear list of “exceptions” that is easier to interpret and implement; a clear framework for processing requests for information and the right to appeal.
As a development finance institution, the Bank strives to be transparent about projects and programmes share its global knowledge and lessons of experience with the widest possible audience, and enhance the quality of its operations by engaging with the development.
As an intergovernmental organization owned by countries, the Bank is accountable for public money, has an obligation to be responsive to the questions and concerns of its shareholders. The Bank has also established the disclosure of information helps attracts purchasers to its securities.
Responding to some of the criticisms raised by Mr. Akoto-Ampaw during the discussion session, the World Country Director for Ghana, Mr. Ishac Diwan, explained that the Bank might classify certain snippets of information confidential because “premature disclosure could affect a country’s national security or financial trends, for instance, the country’s exchange rate.”
Mr. Abdulai Daramani of Third World Network-Africa (TWN-Africa) objected to some of the timelines placed on certain projects relative to disclosure of information arguing that the “ moment a project is completed information on it should be disclosed”.
Ms. Gunaratne assured the forum that the concerns raised would be considered in the draft policy to be submitted to the World Bank Board Management.
Wednesday, May 20, 2009
School Feeding Programme; a promising venture bogged down in bottlenecks
By Ebenezer Hanson
In 2005, the Government of Ghana with support from the Government of Netherlands launched the Ghana School Feeding Programme (GSFP), amid high hopes of improving enrollment and ensuring children do not abandon school because of hunger.
Since its inception, the programme has recorded some achievements in the areas of school enrolment and retention of pupils in beneficiary schools. According to the second research report by SEND-Ghana in 2008, the programme is feeding 595,000 pupils in public primary schools with the aim of scaling up the figure to the benefit of 1,040,000 children by the end of 2010. The programme, SEND-Ghana further reveals, has so far spent a total of 65.7 million Ghana Cedis. The research covered 23 schools in 21 districts in the Upper East, Upper West, Northern and Greater Accra Regions, where SEND has its operations.
Nevertheless, the research unearthed countless, disturbing hiccups which are rendering the objectives of the rather promising project unrealizable. The bottlenecks identified include; the lack of basic infrastructural services, health challenges and the non-provision of certain expected agricultural services by the relevant agencies.
For instance, “About 61% of the beneficiary schools did not have good kitchen structures. This has adversely affected the maintenance of hygienic environment for food preparation,” the report revealed.
Similarly, 78% of the beneficiary schools did not have adequate stocks of kitchenware especially plates and cups. As a result, pupils were required to eat in turns.
“This coping strategy unduly prolonged lunch breaks in the affected beneficiary schools, thus reducing contact/instructional hours with negative effects on education”.
On the health front, the report identified untrained catering services providers, non-observable of basic health standards though teachers were especially trained to provide pupils with health education. There was also no checks on Body Mass Index of pupils and about 43% of the pupils were not de-wormed since 2007. The research also observed that personnel of the Ghana Education Service (GES) were not involved in the monitoring of food prepared as the emphasis is only on just providing a meal for a pupil.
In addition, the research found that Farmer Based Organizations (FBOs) did not act as linkage source for the supply of foodstuffs to beneficiary schools. Thus farmers were not benefiting from the GSFP. “Stakeholders from nearly 87% of beneficiary communities indicated that farmers did not benefit from any form of extension services. Similar to the health service experience, District Directors of Agriculture were not active in the programme implementation. Almost none of them were aware of the plans, objectives and strategies of the GSFP.”
Again on education, the assessment indicates that, contrary to expectations the supply of high value education service was generally lacking due to poor pupil teacher which stands at 83:1. However, the pupil-teacher ratio captured in the report seems to be at variance with the nation’s figure reported in 2007 Annual Progress Report of Growth and Poverty Reduction Strategy (GPRS 2). The Pupil/Teacher ratio for primary school was 34:1 and 18: 1 for Junior High School (JHS) in 2007.
While the Report blames the lack of collaboration among the complementary services for the challenges of the GSFP, the programme is also tottering under the yoke of financial crisis.
The revelation was contained in Parliament's Committee on Local Government report on the 2009 Annual Budget Estimates of the Ministry presented to the House.
According to the Report, the Ghana School Feeding Programme (GSFP) is likely to miss its target of feeding 800,000 pupils this year unless the Ministry of Local Government and Rural Development finds an amount of over 46 million Ghana cedis to finance its budgetary gap.
While the GSFP needs 63,823,980.00 Ghana cedis to achieve its objective, the Ministry only allocated it 17 million Ghana cedis, creating a shortfall of 46,823,980.00 Ghana cedis
"The Committee noted that despite the intention of the Ghana School Feeding Programme to increase its coverage to over to 800,000 pupils at a cost over 63,823,980.00 Ghana cedis the Ministry has allocated only 17 million Ghana Cedis to the programme," the Committee observed with regret.
It therefore recommends strongly to the Ministry that the total amount for the programme should be sourced from the HIPC or MDRI funds for the year 2009.
Ghana Government provides the bulk of the funds for the programme and the Netherlands, which complemented it with 50% of the feeding cost, suspended the arrangement in the latter part of 2007. Hon. Joseph Yieleh Chireh told the Public Agenda in an interview that the Netherlands suspended their funding because of the adverse findings made against the GSFP Secretariat by the Pricewater House Audit Report. Nevertheless, the Committee takes consolation in the fact that "the Dutch Government is prepared to contribute about 12.8 million Ghana cedis to the feeding programme if its activities are streamlined and its house put in order."
The first National Co-ordinator of GSFP, Dr. Kwame Amoako Tufour lost his job over the findings, and was replaced by Mr. Michael Nsowah, a former Director General of the Ghana Education Service.
The Committee recommends, among other things, the establishment of a Ghana School Feeding Fund, the use of proceeds from National Lotteries, and that of the Nutrition Component of the National Health Insurance Scheme as well as applying portions of either the Communication Service Tax or the GETFund to address the Programme’s financial problems.
A representative of the Ministry Of Local Government and Rural Development who was present at the SEND-Ghana Report launch made some pointed remarks which seemed to have summed up the difficulties confronting the programme. She put the blame right on the manner the programme was conceived and implemented.
“I am not surprise about the outcome of the study. The Programme started without a lot of orientation and sensitization leading to varied interpretations of the project concept and until this is addressed the problems will recur,” she submitted. She added that the nature of the GSFP calls for a lot of collaboration which requires a lot of commitment.
The foregoing amply shows that the GSFP requires a complete overhaul to dissect the myriads of challenges buffeting it, and the appropriate solutions found to fix them. Another lesson is that similar future programmes need to be thought out well and wider consultations with all stakeholders have to done to get everybody on board. This is the only way to preclude the recurrence of some of the teething problems.
As Prof. Ellen Bortei-Doku Aryeetey, Senior Research Fellow at ISSER, University of Ghana, observed in her review of the Report, the document should not serve as the basis for crucifying the programme but rather it should spur on all stakeholders to work towards the improvement of the programme.
“From a policy practice point of view the low marks obtained relative to some of the benchmarks should serve as opportunities for improving the implementation process, rather than a platform for the condemnation of the programme,” emphasized Prof. Aryeetey, who is also Head of Centre for Social Policy Studies, University of Ghana.All stakeholders should ensure that this commendable pro-poor programme does not fail as the full realization of its objectives will propel the nation on in her quest to achieve the Millennium Development Goal (MDG) 1 which requires that Ghana eradicate extreme poverty and hunger by 2015
In 2005, the Government of Ghana with support from the Government of Netherlands launched the Ghana School Feeding Programme (GSFP), amid high hopes of improving enrollment and ensuring children do not abandon school because of hunger.
Since its inception, the programme has recorded some achievements in the areas of school enrolment and retention of pupils in beneficiary schools. According to the second research report by SEND-Ghana in 2008, the programme is feeding 595,000 pupils in public primary schools with the aim of scaling up the figure to the benefit of 1,040,000 children by the end of 2010. The programme, SEND-Ghana further reveals, has so far spent a total of 65.7 million Ghana Cedis. The research covered 23 schools in 21 districts in the Upper East, Upper West, Northern and Greater Accra Regions, where SEND has its operations.
Nevertheless, the research unearthed countless, disturbing hiccups which are rendering the objectives of the rather promising project unrealizable. The bottlenecks identified include; the lack of basic infrastructural services, health challenges and the non-provision of certain expected agricultural services by the relevant agencies.
For instance, “About 61% of the beneficiary schools did not have good kitchen structures. This has adversely affected the maintenance of hygienic environment for food preparation,” the report revealed.
Similarly, 78% of the beneficiary schools did not have adequate stocks of kitchenware especially plates and cups. As a result, pupils were required to eat in turns.
“This coping strategy unduly prolonged lunch breaks in the affected beneficiary schools, thus reducing contact/instructional hours with negative effects on education”.
On the health front, the report identified untrained catering services providers, non-observable of basic health standards though teachers were especially trained to provide pupils with health education. There was also no checks on Body Mass Index of pupils and about 43% of the pupils were not de-wormed since 2007. The research also observed that personnel of the Ghana Education Service (GES) were not involved in the monitoring of food prepared as the emphasis is only on just providing a meal for a pupil.
In addition, the research found that Farmer Based Organizations (FBOs) did not act as linkage source for the supply of foodstuffs to beneficiary schools. Thus farmers were not benefiting from the GSFP. “Stakeholders from nearly 87% of beneficiary communities indicated that farmers did not benefit from any form of extension services. Similar to the health service experience, District Directors of Agriculture were not active in the programme implementation. Almost none of them were aware of the plans, objectives and strategies of the GSFP.”
Again on education, the assessment indicates that, contrary to expectations the supply of high value education service was generally lacking due to poor pupil teacher which stands at 83:1. However, the pupil-teacher ratio captured in the report seems to be at variance with the nation’s figure reported in 2007 Annual Progress Report of Growth and Poverty Reduction Strategy (GPRS 2). The Pupil/Teacher ratio for primary school was 34:1 and 18: 1 for Junior High School (JHS) in 2007.
While the Report blames the lack of collaboration among the complementary services for the challenges of the GSFP, the programme is also tottering under the yoke of financial crisis.
The revelation was contained in Parliament's Committee on Local Government report on the 2009 Annual Budget Estimates of the Ministry presented to the House.
According to the Report, the Ghana School Feeding Programme (GSFP) is likely to miss its target of feeding 800,000 pupils this year unless the Ministry of Local Government and Rural Development finds an amount of over 46 million Ghana cedis to finance its budgetary gap.
While the GSFP needs 63,823,980.00 Ghana cedis to achieve its objective, the Ministry only allocated it 17 million Ghana cedis, creating a shortfall of 46,823,980.00 Ghana cedis
"The Committee noted that despite the intention of the Ghana School Feeding Programme to increase its coverage to over to 800,000 pupils at a cost over 63,823,980.00 Ghana cedis the Ministry has allocated only 17 million Ghana Cedis to the programme," the Committee observed with regret.
It therefore recommends strongly to the Ministry that the total amount for the programme should be sourced from the HIPC or MDRI funds for the year 2009.
Ghana Government provides the bulk of the funds for the programme and the Netherlands, which complemented it with 50% of the feeding cost, suspended the arrangement in the latter part of 2007. Hon. Joseph Yieleh Chireh told the Public Agenda in an interview that the Netherlands suspended their funding because of the adverse findings made against the GSFP Secretariat by the Pricewater House Audit Report. Nevertheless, the Committee takes consolation in the fact that "the Dutch Government is prepared to contribute about 12.8 million Ghana cedis to the feeding programme if its activities are streamlined and its house put in order."
The first National Co-ordinator of GSFP, Dr. Kwame Amoako Tufour lost his job over the findings, and was replaced by Mr. Michael Nsowah, a former Director General of the Ghana Education Service.
The Committee recommends, among other things, the establishment of a Ghana School Feeding Fund, the use of proceeds from National Lotteries, and that of the Nutrition Component of the National Health Insurance Scheme as well as applying portions of either the Communication Service Tax or the GETFund to address the Programme’s financial problems.
A representative of the Ministry Of Local Government and Rural Development who was present at the SEND-Ghana Report launch made some pointed remarks which seemed to have summed up the difficulties confronting the programme. She put the blame right on the manner the programme was conceived and implemented.
“I am not surprise about the outcome of the study. The Programme started without a lot of orientation and sensitization leading to varied interpretations of the project concept and until this is addressed the problems will recur,” she submitted. She added that the nature of the GSFP calls for a lot of collaboration which requires a lot of commitment.
The foregoing amply shows that the GSFP requires a complete overhaul to dissect the myriads of challenges buffeting it, and the appropriate solutions found to fix them. Another lesson is that similar future programmes need to be thought out well and wider consultations with all stakeholders have to done to get everybody on board. This is the only way to preclude the recurrence of some of the teething problems.
As Prof. Ellen Bortei-Doku Aryeetey, Senior Research Fellow at ISSER, University of Ghana, observed in her review of the Report, the document should not serve as the basis for crucifying the programme but rather it should spur on all stakeholders to work towards the improvement of the programme.
“From a policy practice point of view the low marks obtained relative to some of the benchmarks should serve as opportunities for improving the implementation process, rather than a platform for the condemnation of the programme,” emphasized Prof. Aryeetey, who is also Head of Centre for Social Policy Studies, University of Ghana.All stakeholders should ensure that this commendable pro-poor programme does not fail as the full realization of its objectives will propel the nation on in her quest to achieve the Millennium Development Goal (MDG) 1 which requires that Ghana eradicate extreme poverty and hunger by 2015
Wednesday, May 13, 2009
Separating the Justice Ministry and Attorney General: Case of Much Ado About nothing?
Analysis by Ebenezer Hanson
A fortnight ago the Legal Resources Centre (LRC) and the Friedrich Ebert Foundation (FES) jointly organized a seminar to deliberate the vexed issue of whether the separation of the Justice Ministry from the Office of the Attorney-General (A-G) will curb the perceived abuse of power of criminal prosecution and thus promote good governance.
The Seminar indeed lived up to expectation as the three eminent speakers who led the discussions did justice to the topic, illuminating participants on their positions and convincing some to buy into their thoughts. The speakers were Dr. Obed Yao Asamoah, Patron of the Democratic Freedom Party (DFP), Prof. E.V.O Dankwa, a former law lecturer of the University of Ghana and Mr. Vitus A. Azeem, the Executive Secretary of Ghana Integrity Initiative (GII).
The contributions that ensued were a pointer to the fact that majority of the participants share the view that the two positions should be split as advanced by Dr. Asamoah and Mr. Azeem.
Dr. Asamoah, the longest serving A-G Ghana has ever had since independence, pointed out that since colonial times political persecution under the guise of criminal prosecution has been common. He observed that the fusion of the two offices have led to instances where “many a time governments have demanded accountability of others particularly opposition party members and perceived enemies other than their own members”.
He explained into detail drawing largely on proposals of the Constituent Assemblies of 1968 and 1978 that separation would do the criminal justice a lot of good, hence promote good governance. But he stresses that mere separation would not achieve the desired results unless the Attorney-General is guaranteed security of tenure.
According to him, the security of tenure for the A-G could be ensured if some three key arrangements are instituted. First, making the process for removal of the A-G from office difficult; second, insulating the determination of his salary, allowances and pension from political interference; and the third but not least, avoiding a change in the regime of salary and allowances while in office.
He also recalled that to guarantee the A-G’s position under the 1968 proposals the A-G’s position was equated to that of a Judge of the Supreme Court and in 1978 linked the position to that of the Superior Court of Judicature other than the Chief Justice.
Mr. Azeem cited the cases of Australia, Canada, England and Wales, Hong Kong South Africa, Thailand, Brazil, Trinidad and Tobago, Israel and Jamaica where the two positions have been either split or fused and pointed from social and practical cases the merits and demerits in each case. He concluded that, the ends of justice are better served if the two positions are kept distinct.
“In fact, I dare to state that the political position of the Attorney-General affects his/her relationship with some anti-corruption agents especially if they are perceived as anti-government. Some of these institutions have had cause to complain about the refusal of the Attorney-General to prosecute cases they have investigated and recommended prosecution,” Vitus referred to the situation in Ghana.
But Prof. E. V. O Dankwa, who was privileged to a Member of the Committee of Experts who drafted the proposals for the 1992 Constitution, dissented from the thought-provoking presentations of Dr. Asamoah and Mr. Azeem. His position which was cogently and coherently articulated made some of the participants to critically re-examine their earlier stance which were predicated on Asamoah’s and Azeem’s.
He first clarified a misconception which many have associated with Article 88(1) of the 1992 Fourth Republican Constitution. He elucidated, “The Committee of Experts did not propose that the A-G should be a Minister of Justice but rather a Minister of State”.
Article 88(1) stipulates, “There shall be an Attorney-General of Ghana who shall be a Minister of State and the principal legal adviser to the Governments”.
To him, the arguments advanced by the two speakers that the separation of the two offices fly in the face of reality and “it is not clear whether the separation will lead to good governance. I don’t think the present arrangement should be disturbed”.
He adds, “Pressure can be brought to bear on public officials just as politicians,” countering the reasoning that if the A-G is made purely a public office and not political it could lead to transparency in criminal prosecutions.
Prof. Dankwa submits that besides precluding a potential source of conflict between the A-G and Minister of Justice, the fusion also obviates overlapping of functions between the two offices.
He is, however, convinced that the wheels of justice would be better oiled and frontiers of good governance expanded if the personality appointed the A-G asserts his independence in addition to being endowed with certain personal qualities and virtues. These include impartiality, steadfastness, respect for the rule of law, respect for fundamental human rights and freedoms, and possess the culture for non-discrimination against persons irrespective of gender, religion, ethnicity among others.
“The President himself must possess these qualities in order to influence his subordinates including the Attorney-General,” he adds.
During the discussion session, some contributors contended that the Chairman of the Electoral Commission is able to assert himself because of the security of tenure he enjoys under the Constitution.
But Prof. Dankwa dismisses the assertion submitting although some judges enjoy security of tenure yet they have given judgments which have raised a lot of eye brow in this country. A participant strengthened this point when he submitted that the EC Chairman could have compromised his position if he wanted to regardless o f the fact he enjoys the afore mentioned guarantees.
It has also been said in certain quarters that some Director-Generals that the State broadcaster, Ghana Broadcasting Corporation (GBC), has had enjoyed immunity in that they were appointed by the National Media Commission(NMC), yet at one time or the other, they acted in a certain manner which all reasonable persons regarded a pandering to the government of the day.
Flowing from this premise is that it is not merely ensuring the security of tenure of the office of the A-G or similar positions, but it depends to a large extent on the ability of the individual occupying the position to assert his/her independence which is also predicated on personal beliefs in principles such as impartiality, the respect for the rule of law and fundamental human rights and civil liberties, culture of non-discrimination and the like.
It is worthy of note to recall that when the Appointments Committee of Parliament sought the views of Mrs. Justice Georgina Theodora Woode, then Appeal Court Judge and Chief Justice designate, on whether the position of the A-G should be separated from that of the Justice Minister, her answer was that it would not make any difference in as much as the appointing authority to the two positions remains the same.
It thus appears that the experts themselves are not unanimous on the issue. The National Democratic Congress (NDC) promised in their 2008 manifesto to keep the two positions distinct and so were the Convention People’s Party (CPP) and the People’s National Convention (PNC). Let us go at it and experiment it, at the end of the day the fruits it will bear will show whether we as a nation have engaged in an action whose consequences are what we set for ourselves or we have done much about a project which has yielded nothing.
A fortnight ago the Legal Resources Centre (LRC) and the Friedrich Ebert Foundation (FES) jointly organized a seminar to deliberate the vexed issue of whether the separation of the Justice Ministry from the Office of the Attorney-General (A-G) will curb the perceived abuse of power of criminal prosecution and thus promote good governance.
The Seminar indeed lived up to expectation as the three eminent speakers who led the discussions did justice to the topic, illuminating participants on their positions and convincing some to buy into their thoughts. The speakers were Dr. Obed Yao Asamoah, Patron of the Democratic Freedom Party (DFP), Prof. E.V.O Dankwa, a former law lecturer of the University of Ghana and Mr. Vitus A. Azeem, the Executive Secretary of Ghana Integrity Initiative (GII).
The contributions that ensued were a pointer to the fact that majority of the participants share the view that the two positions should be split as advanced by Dr. Asamoah and Mr. Azeem.
Dr. Asamoah, the longest serving A-G Ghana has ever had since independence, pointed out that since colonial times political persecution under the guise of criminal prosecution has been common. He observed that the fusion of the two offices have led to instances where “many a time governments have demanded accountability of others particularly opposition party members and perceived enemies other than their own members”.
He explained into detail drawing largely on proposals of the Constituent Assemblies of 1968 and 1978 that separation would do the criminal justice a lot of good, hence promote good governance. But he stresses that mere separation would not achieve the desired results unless the Attorney-General is guaranteed security of tenure.
According to him, the security of tenure for the A-G could be ensured if some three key arrangements are instituted. First, making the process for removal of the A-G from office difficult; second, insulating the determination of his salary, allowances and pension from political interference; and the third but not least, avoiding a change in the regime of salary and allowances while in office.
He also recalled that to guarantee the A-G’s position under the 1968 proposals the A-G’s position was equated to that of a Judge of the Supreme Court and in 1978 linked the position to that of the Superior Court of Judicature other than the Chief Justice.
Mr. Azeem cited the cases of Australia, Canada, England and Wales, Hong Kong South Africa, Thailand, Brazil, Trinidad and Tobago, Israel and Jamaica where the two positions have been either split or fused and pointed from social and practical cases the merits and demerits in each case. He concluded that, the ends of justice are better served if the two positions are kept distinct.
“In fact, I dare to state that the political position of the Attorney-General affects his/her relationship with some anti-corruption agents especially if they are perceived as anti-government. Some of these institutions have had cause to complain about the refusal of the Attorney-General to prosecute cases they have investigated and recommended prosecution,” Vitus referred to the situation in Ghana.
But Prof. E. V. O Dankwa, who was privileged to a Member of the Committee of Experts who drafted the proposals for the 1992 Constitution, dissented from the thought-provoking presentations of Dr. Asamoah and Mr. Azeem. His position which was cogently and coherently articulated made some of the participants to critically re-examine their earlier stance which were predicated on Asamoah’s and Azeem’s.
He first clarified a misconception which many have associated with Article 88(1) of the 1992 Fourth Republican Constitution. He elucidated, “The Committee of Experts did not propose that the A-G should be a Minister of Justice but rather a Minister of State”.
Article 88(1) stipulates, “There shall be an Attorney-General of Ghana who shall be a Minister of State and the principal legal adviser to the Governments”.
To him, the arguments advanced by the two speakers that the separation of the two offices fly in the face of reality and “it is not clear whether the separation will lead to good governance. I don’t think the present arrangement should be disturbed”.
He adds, “Pressure can be brought to bear on public officials just as politicians,” countering the reasoning that if the A-G is made purely a public office and not political it could lead to transparency in criminal prosecutions.
Prof. Dankwa submits that besides precluding a potential source of conflict between the A-G and Minister of Justice, the fusion also obviates overlapping of functions between the two offices.
He is, however, convinced that the wheels of justice would be better oiled and frontiers of good governance expanded if the personality appointed the A-G asserts his independence in addition to being endowed with certain personal qualities and virtues. These include impartiality, steadfastness, respect for the rule of law, respect for fundamental human rights and freedoms, and possess the culture for non-discrimination against persons irrespective of gender, religion, ethnicity among others.
“The President himself must possess these qualities in order to influence his subordinates including the Attorney-General,” he adds.
During the discussion session, some contributors contended that the Chairman of the Electoral Commission is able to assert himself because of the security of tenure he enjoys under the Constitution.
But Prof. Dankwa dismisses the assertion submitting although some judges enjoy security of tenure yet they have given judgments which have raised a lot of eye brow in this country. A participant strengthened this point when he submitted that the EC Chairman could have compromised his position if he wanted to regardless o f the fact he enjoys the afore mentioned guarantees.
It has also been said in certain quarters that some Director-Generals that the State broadcaster, Ghana Broadcasting Corporation (GBC), has had enjoyed immunity in that they were appointed by the National Media Commission(NMC), yet at one time or the other, they acted in a certain manner which all reasonable persons regarded a pandering to the government of the day.
Flowing from this premise is that it is not merely ensuring the security of tenure of the office of the A-G or similar positions, but it depends to a large extent on the ability of the individual occupying the position to assert his/her independence which is also predicated on personal beliefs in principles such as impartiality, the respect for the rule of law and fundamental human rights and civil liberties, culture of non-discrimination and the like.
It is worthy of note to recall that when the Appointments Committee of Parliament sought the views of Mrs. Justice Georgina Theodora Woode, then Appeal Court Judge and Chief Justice designate, on whether the position of the A-G should be separated from that of the Justice Minister, her answer was that it would not make any difference in as much as the appointing authority to the two positions remains the same.
It thus appears that the experts themselves are not unanimous on the issue. The National Democratic Congress (NDC) promised in their 2008 manifesto to keep the two positions distinct and so were the Convention People’s Party (CPP) and the People’s National Convention (PNC). Let us go at it and experiment it, at the end of the day the fruits it will bear will show whether we as a nation have engaged in an action whose consequences are what we set for ourselves or we have done much about a project which has yielded nothing.
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