Tuesday, April 28, 2009

NetMAC to champion monitoring and evaluation

By Ebenezer Hanson

Stakeholders at Ghana Monitoring and Evaluation Forum in Accra have unanimously welcomed the proposal to form a Network of Media for Accountability (NetMAC) to champion social accountability at all levels of governance “to ensure value for money”. Accountability is key in Monitoring and Evaluation.

The formation of NetMAC, according to the proponents, is in harmony with Article 1 of the 1992 Constitution, which declares that the sovereignty resides in the people, and it is on behalf of the people that government is established.

“What this means is that the people own the state and its resources. Therefore, public office holders must necessarily be accountable to the people,” Mr. George Sarpong, Executive Secretary of the National Media Commission (NMC) pointed out to the forum.
He was speaking on the topic: “The Role of the Media in promoting evidence-based decision making at all levels of the economy”.
He advanced the argument further when he added that Article 162(5) also provides in explicit terms that the media must uphold government accountable to Ghanaians. It states, “All agencies of the mass media shall at all times be free to uphold principles, provisions and objectives of this Constitution, and shall uphold the responsibility and accountability of the government to the people of Ghana.”

Mr. Sarpong divided the relevant actors relative to accountability into three, namely, the government, businesses and civil society, and observed that it is the media that which provides the platform for that actions and activities of all the groups.

Speaking to the same issue, Mr. Kofi Tsikata of the World Bank, Ghana Office, suggested that NetMAC should be district-based with a journalist from each district and should focus on “Development Monitoring”, “Development Dialogue”, “Training and Orientation”

He recommended that NetMAC should liaise with institutions such as the Judiciary, Parliament and the District Assemblies.

He noted that often, we confront ministers on issues rather than civil servants who might be the culprits thereby letting them off the hook.

During discussions, Dr.Tony Aidoo of the National Democratic Congress (NDC), stressed that it was important for somebody to champion the outcomes of Monitoring, Evaluation and Accountability else not much would be achieved, a proposal agreed to by Mr. Sarpong.

Mr. Sarpong disclosed that there are plans to establish media ombudsman in communities to which persons who feel have been treated unfairly by the media could report to.

.

MPs unveil ECOWAS Parliament to Ghanaians

By Ebenezer Hanson

Although established some 15 years ago, the ECOWAS Parliament has largely remained one of an esoteric entity known only to active politicians and a relatively few political initiates. A cross-section of Ghanaians admits in an interview with the Public Agenda that they are unaware of the existence of such a core governance institution of the West African sub region.

It was for these and other pertinent considerations that informed Ghanaian Members of the ECOWAS Parliament to initiate steps to demystify the Community legislature to Ghanaians by unveiling its vision, mission, achievements and particularly plans to enhance grassroots participation in the election of representatives to the Parliament through universal adult suffrage in all member states.

Hon. Stephen Balado Manu, leader of the eight-member Ghanaian team of the ECOWAS Parliament, responding to questions at a news conference, revealed that through its unsung activities, the Community Parliament contributed substantial input in achieving peace between the feuding parties in countries such as Sierra Leone and Cote d’Ivoire; through its timely intervention it defused the looming crisis in the recent Guinea Bissau.

He said by sending teams to monitor and observe elections, the ECOWAS Parliament has contributed to ensuring peaceful elections in Togo and Liberia and also helping to resolve post elections dispute in Togo.

Hon. Michael Teye Nyaunu, an ECOWAS Parliamentarian, also disclosed that the Community Parliament contributed immensely to the establishment of the West African Power Pool, and subsequently advocated “the export of power by Nigeria and Ghana to Benin and Togo respectively and thereby forestalling the breakdown of their economies”.

He adds that many of the cross-border problems such as migration within the ECOWAS sub region such as differences in legal and trade regimes are being resolved through the initiative of the ECOWAS Parliament.

Dealing with some of the loose ends in respect of some of the questions, Hon. Elizabeth Sackey, another ECOWAS Parliamentarian recalled that the Community Parliamentarian was actively involved in impressing upon Nigeria to rescind its decision regarding the importation of certain products from Ghana. “We have done a lot but all these were not in the public domain”.

Addressing the news conference Hon. Manu disclosed that the ECOWAS Parliament, which has been operating in an advisory capacity, consists 120 seats. Each member state has a minimum of five seats. The remaining seats are then shared on the basis of population. Consequently, Nigeria has 35 seats, Ghana eight, Cote D’Ivoire seven, while Burkina Faso, Guinea, Mali, Niger, Senegal, have seats each. The others, Benin, Cape Verde, the Gambia, Guinea Bissau, Liberia, Sierra Leone and Togo have five seats.

He said the current Parliament which is in transition at present, functions in advisory capacity. This means that it does not as of now, have legislative powers and its members are not directly elected. Representatives are elected by their National Parliaments to the Community Parliament.

“Notwithstanding these limitations, the ECOWAS Parliamentarian is empowered to consider issues concerning human rights and fundamental freedoms of citizens, interconnection of energy networks, interconnection of communication links between member states, increased co-operation in the area of radio, television and other intra and inter community media links. The ECOWAS Parliament is also consulted on matters relating to the public health policies for the community, common educational policy through harmonization of existing laws,” he clarified.

Hon. Manu revealed that, come 2010 Parliamentarians who will serve at ECOWAS Parliament will be elected individually on their merit. “Polls will be conducted in a manner similar to that of National General Elections and those who will emerge victorious will then become bonafide members of the ECOWAS Parliament for a specific term,” he expatiated.

He said the electoral bodies of respective countries would be responsible for the delineation of national constituencies and at least 30% representation would be reserved for gender considerations.

The other Ghanaian ECOWAS Parliamentarians include Hon. Francis Aggrey Agbotse, Hon. Ken Ohene Agyapong, Hon. John Tia, Hon. David Apasera and Hon. Simon Osei Mensah.

MPs divided over Constituency Dev. Fund

By Ebenezer Hanson

The creation of the Member of Parliament Constituency Development Fund, announced by President John Evans Atta-Mills in his maiden Message on the State of Nation last Thursday, has elicited sharply divergent views from Members of Parliament (MPs). While some hail it heartily as welcome news others dismiss it as superfluous because it will rather reinforce the wrong impression that MPs are development agents.

The President says the Fund; one of the novelty policy measures of the NDC administration under the broad theme of good governance will replace the MP’s Share of the District Assembly Common Fund (DACF) that has become a source of tension between some District Chief Executives and MPs.

However, a Minister of State at the Finance Ministry in the New Patriotic Party (NPP) regime, Dr. Anthony Akoto Osei, does not share the view of the President. He reasons that MPs already have a share of HIPC, GETfund and DACF and adding an MP Constituency Development Fund goes to augment the misconception that MPs are development agents.

“Already some constituents are in the habit of making incessant demands on MPs and with the coming into being of this development fund, it will end up pitting the constituents against MPs,” he explains to the Public Agenda in an exclusive interview in Parliament last Friday.

He says he agrees with the President that sometimes the MP’s share of the Common Fund do generate tensions between some MPs and DCEs but I am against the principle that MP is a development agent.

Dr. Osei, who is also MP for Old Tafo, wondered what would be the source of the development fund “Will it come from new taxes or what?”

To Hon. Paul Collins Appiah Ofori, MP for Asikuma/Odoben/Brakwa, the Fund will be superfluous as such, a creation already exists. “What the President wants to create is already in existence”.

The practice now, he expatiates, is that an account is opened in each district assembly into which a portion of the DACF remitted to each district is credited to an account known as the MP Constituency Development Fund and used by the MP for minor projects. The signatories to the account are the District Co-ordinating Director and the District Finance Officer.

“MPs do not sign cheques to draw money from the account for any project. What MPs do is that they identify projects they want to finance and direct the DCEs to release the funds to pay for such projects after execution. Therefore, what the President announced was implying was that the MPs will operate such funds to the exclusion of DCEs whom the President says stand in the way of MPs for development projects.”

The Financial Administration Act 2003, Hon. Appiah-Ofori pointed out, does not allow those not authorized to sign cheques to draw from any public bank accounts. “So if such an account is established it will in law form
part of the accounts whose operation shall be under the District Co-ordinating Director and the District Finance Officer, so at the end of the day the obstacles which the MPs go through in accessing the development funds will still remain unchanged ”.

Thus while it is laudable to establish a development fund for MPs, he thinks the President can achieve his purpose of he prevails on DCEs he is about to appoint “not to put obstruct the MPs in the utilization of the Fund; anything short of that he will not achieve his objective”.

Hon. Alfred Agbesi, MP for Ashiaman, belongs to the school of thought, which concurs with the President. Nevertheless, he concedes, “strictly, MPs are not development agents but society has imposed that duty on us the MPs”.

He observes that it is curious that although district assemblies are given so much for development society does not talk about it “but the little that comes to the MPs has always been a subject of disagreement”.

Hon Agbesi welcomes the move by the President and believes that if the Fund comes to the MP directly he will be in a position to initiate and execute projects without reference to the Chief Executive of the district assembly thereby removing the conflict between the MPs and DCEs.





Like Hon. Agbesi, Hon. Inusah Abdulai B. Fuseini, MP for Tamale shares the sentiments of the President. He says that the root of the conflict is largely “jurisdictional considerations”. He explains that the MP’s share of the Common Fund is paid into an account held by the district assembly to which the DCE is a signatory.

“And by reason of that arrangement the CEO of the district interprets that to mean that he has supervisory jurisdiction over the use of the money, hence the conflict”.

In 2007 when the legality or otherwise of the MP’s share of the Common Fund came up at Public Agenda’s forum on decentralization , Mr.Freddie Blay, former MP for Ellembelle explained that the deduction of sixty percent from the reserved fund of the District Assemblies Common Fund (DACF) for Members of Parliament (MPs) is part of efforts at promoting good governance.

“If the district assemblies receive about 8 billion cedis each year out of which MPs take 200 million cedis what do they want the government to do?

Mr. Blay argues that given that MPs are also seen as agents of development, it will be quite difficult for anybody to call for the abolishment of the fund since most of them depend on it for survival in the hot political terrain.

Blay dismissed claims by some DCEs that MPs are not agents of development and should concentrate on their law making functions while the building of infrastructure at the district is left for the District Assemblies.

“MPs are developing against in their constituency and use the DACF for the development of their constituencies and not for any thing else. MPs have a crucial role to play in the developmental agenda of the nation,” he said.

Hon. Blay disagreed with the suggestion saying that the MPs are using the funds to execute projects that are equally important to the people.

NDC MP advocates journalism for disabled award

By Ebenezer Hanson

As a measure to motivate and inspire journalists to focus on the rather important but long neglected issues of Persons with Disability (PWDs), the NDC Member of Parliament (MP) for the Abokobi/ Madina, Hon. Alhaji Amadu Bukari Sorogho, has avowed that he will support any move for the institution of an annual journalism for the disabled award.

He observed that journalism practice in Ghana has been skewed towards politics to the detriment of social issues like health, education, issues of the disabled and sanitation, but it is high time media practice witnessed a paradigm shift to deal with these issues.

“I’m prepared to initiate a yearly award for journalism that focuses on issues of Persons with Disabilty(PWDs) as a means of motivation. They constitute an important segment of the society and the media must give them equal attention.”

Hon. Sorogho was answering questions at the last and fourth joint Ghana Centre for Democratic Development (CDD-Ghana) and the Ghana Federation of the Disabled (GFD) Debate for Parliamentary aspirants for the Abokobi/ Madina seat at Madina. The other participant was Hon. Abdulai Baba Zakaria, NPP candidate and Presiding Member (PM) of the Ga East Municipal Assembly.

The event was dubbed “Promoting Issue-based Campaign” for election 2008, and moderated by Mr. Charles Ayamdoo, Director, Anti-corruption, CHRAJ and Mr. Angel Carbonu of NAGRAT.

Besides the intended award, which some members of the audience described as auspicious, Hon. Sorogho he would consult the various disabled groups to acquaint himself with the magnitude of their challenges and do his best to assist them. To this end, he urged the GEMA to gather data on the PWDs that would be readily and easily accessible in the scheme of things for the disabled.

Hon. Sorogho disclosed that since he became an MP, he had managed to lobby for the improvement of the water supply network and this has yielded appreciable results in the rural communities of the constituency. He, nonetheless, admitted that there is more to be done for the urban areas.

On women representation, he denounced any attempt to introduce a law that will provide for what he calls “a blanket 50% women representation” to elective positions. “The important thing is to create equal opportunities for women to tap their potential to the full,” he stressed.

Hon. Baba Zakaria promised that if gets the nod of his constituents; he would assist the PWDs to access their two percent share of the District Assembly Common Fund, which hitherto has almost remained elusive (DACF).

He assured the constituents that he would apply his Common Fund to the development of education by giving scholarships to brilliant but needy students. He also promised to tackle frontally the refuse situation of the constituency.

He observed that “election is not war but about choices” and advised his constituents not to allow themselves to be lured by politicians to engage in violence before, during and after the elections.

The moderators had a real tough time controlling the audience who were sharply divided into NPP and NDC. They kept either applauding or booing at the candidates any time, they responded to a question disregarding the persistent appeals from moderators to discontinue the practice.

Majority & Minority must unite to defuse Executive dominance

By Ebenezer Hanson


An ex-Minister in the National Democratic Congress (NDC) administration has submitted until the Majority and Minority caucuses in Parliament forge together as independent entity, the Executive will always take them for a ride.

Mr. Kwamena Ahwoi, former Local and Rural Development Minister, argues that Parliament has what it takes to wean itself from Executive influence, yet it has failed to employ the arsenals at its disposal.

“So far as the Majority and Minority will not come together to look at issues, the Executive will continue to dominate. It is the Parliamentarians that pass the budgets for the Executive; they approve all the perks that the members of the executive enjoy. Why can’t they assert themselves? ” he questioned.

Mr. Ahwoi, currently a Senior Lecturer at the Ghana Institute of Management and Public Administration (GIMPA), was reviewing the book, Executive-Parliament Interface in the Legislative Process (1993-2006): A Synergy of Powers? at the Institute of Democratic Governance (IDEG) in Accra

He disagrees with the recommendations of the book that the Fourth Republican Constitution of 1992 be amended to preclude the President from appointing Ministers from Parliament. He says the book overlooked the fact that Article 78(1) which enjoins the President to appoint Ministers of State from Parliament is rooted in history.

The article provides that Ministers of State shall be appointed by the President with the prior approval of Parliament from among members of Parliament or persons qualified to be elected as members of Parliament, except that the majority of Ministers of State shall be appointed from among members of Parliament.

Mr. Ahwoi recalled that during the Busia-led Progress Party regime of 1969-1972, the constitution based on the Parliamentary System of government prescribed that all Ministers must come from Parliament. Accordingly, nobody from the Volta Region was appointed a Minister of State because the party did not win any seat for the region. “The effect of that arrangement was that a whole region was cut off from the governance of the country.”


Similarly, he related how the budget of People’s National Party led by Dr. Hilla Limann was defeated in Parliament in 1981 because Ministers were not in House to debate it. The Third Republican Constitution was modeled on the Presidential System of government which sets out clearly an arrangement of clear separation of powers between the Executive and Legislature.

Mr. Ahwoi said the fusion of the Executive and Legislature under the 1992 Constitution was therefore a compromise between the two extreme systems of governance-the Parliamentary and Presidential Systems.


Also reviewing the book, Prof. Mike Oquaye, a former Minister in the NPP administration observed that Parliament is polarized because almost every issue in the country has been politicized. “We are all non-accommodating,” he admitted, adding “we must move away from this stance and work towards consensus building”.

To him the current hybrid system of governance is appropriate in that it enables Ministers to provide vital information and data to Parliament which enriches debate and decision making in the House.

In his view the book is a well-researched book “whether one agrees with the views or not expressed therein”.

To ensure the sustainability of our nascent democracy, Prof. Oquaye suggested that all stakeholders must respect Supreme Court decisions on electoral matters and that the Supreme Court must do well to dispose off electoral matter brought before it within two weeks.

The author of the 87-page book, Prof. Kwame A. Ninsin, revealed that the writing of the book stemmed from refutations made by MPs on a conclusion he had made at a lecture by Parliament that the institution is subservient to the Executive. “The Parliamentarians claimed the assertion was only a perception, in order words it was a rumour”. He said due to this rebuttal Institute of Democratic Governance decided to research to generate empirical evidence to buttress the claim.

According to him, the research revealed that instead of asserting itself as a united body representing the people is increasingly Parliament was abdicating its national duty. He blames this phenomenon on the hybrid system of government and consequently called for an amendment of the Constitution to separate the Parliament from the Executive.

The Dean of the Faculty of Social Studies, Prof. J. R. Atsu Ayee, who launched the book agreed with Prof. Ninsin that it was time the constitution was amended to ensure a clear separation of powers. He also called for a similar research to be conducted on the relationship between the Executive and the Judiciary.

KUFUOR DELIVERS VICTORY TO NDC

By Ebenezer Hanson


A number of people Public Agenda spoke to shortly after final results of the presidential poll was declared regarded the outcome as victory for the NDC due to its impressive performance in the Parliamentary elections.

While the NDC increased its Parliamentary seats from 94 to 112, a rise by 18 seats, the NPP’s have plummeted from 128 to 109 representing a drop of 18 seats. Many of them blame President John Agyekum Kufuor for the NPP’s poor showing.

Afia Teye, a teacher and an NPP sympathiser, claims that the timing of some policies of President Kufuor though economically sound was politically suicidal. “A classic example is the sale of Ghana Telecom; which some economist say was a prudent financial transaction but politically imprudent. Little wonder that the NDC exploited that to their advantage, she expatiates.

Mis Teye cited the purchase of the presidential jet as another factor why the party could not deliver a first round victory. “The public felt it was dissipation of the scanty resources of the nation. They would have been content with one plane and two.”

Afia also accused the President of not participating actively in Nana Akufo-Addo’s campaign. “Compare President Kufuor’s involvement with that of former President Rawlings in Prof. Atta Mills’ campaign. Rawlings was at the forefront while President Kufuor was traveling abroad in honour of invitations he could have declined. He joined the campaign when it was rather late,” she reasons.

Kojo Tano, a child rights activist and also an NPP supporter, attributes the loss of constituencies along the coastal belt by the NPP to the pussy-footing attitude of government in fixing their premix-fuel problems and what he terms the “twilight sod cutting” for the start of the proposed breakwaters for their fishing trawlers and canoes.

“Why do you wait till about two weeks to elections before you move to cut the sod for such projects that have been on the drawing board all these while. Didn’t you see on TV that at the ground breaking ceremony at James Town or so some of the residents were saying that it was a bait to entice them to vote for the government? You see, it was ill-timed”.

He believes that the Gas in particular voted against the NPP because they felt their pleas for the release of their lands went unheeded and it was acted when the elections was in sight to secure votes. “Even the Gas maintained that what the government did was halfhearted and that wanted total release of all their lands which the State has divested,” he stressed.


Kojo was also of the view that the government could not articulate its success story regarding the social interventions such as School Feeding Programme, the Capitation Grant, National Health Insurance Scheme (NHIS), Free Health Care for Pregnant Women and Free Transportation for school children.

“I blame this squarely on the President for persistently changing Ministers for Information. Fancy that within eight years, there have been five Ministers for Infornation-Jake obetsebi Lamptey, Dan Botwe, Hon. Nana Akomea, Kwamena Bartels, Madam Oboshie Sai Cofie and finally Hon. Stephen Asamoah-Boateng. It didn’t allow for long term planning, strategic communication, and could not counter effective NDC propaganda which the party rightly used to its advantage,” he analyses.

He again believes that the rather large number of 17 aspirants who contested the NPP’s presidential primary with its attendant “indecent and reckless spending of money” angered many Ghanaians who found it difficult make ends meet.

Nevertheless, James Kpodo, a shop attendant and staunch supporter of the NDC, thinks Prof. Mills’ “house to house campaign” which brought him into personal touch with the electorate performed the magic, which translated into the party’s splendid performance. “The emotions and human feelings generated by those encounters won the hearts of the people and the accordingly voted for him,” he explains.

“I also believe that the general condition of economic hardship prevailing in the country prodded Ghanaians to vote for a change of government, hoping a new government will bring about a change in their fortunes.”

Husband stabs wife four times

By Ebenezer Hanson

Already burdened with the agony of the loss of her last born, Beatrice Abbey was yet to suffer another tragic incident, this time from her own husband of 16 years, Emmanuel Koney Laryea, who stabbed her four times with a knife.
Consequently, Laryea has been arraigned before an Accra Circuit Court accused of causing unlawful harm.

On Wednesday, Chief Inspector J.K. Anim, the prosecutor, told the court presided over by Mr. Dickson E. K. Daketse that, about four months ago, the last born of the couple, a two-year-old child got ill. However, Laryea allegedly refused to provide for medical care resulting in the death of the child. Thereafter, Beatrice moved from their matrimonial home at Adenta with the remaining five children to stay with her mother at Dansoman.

On January 25 this year, Beatrice took the children to her mother-in-law, that is, Laryea’s mother at Otimibi, a town off the Adenta Barrier-Dodowa Road. At about 7:00pm, she left for a meeting at Adenta Barrier where she saw Laryea, who without any provocation gave her a dirty slap that landed her on the ground.

As if that was not enough, Laryea allegedly brought out her knife and stabbed his wife at four different places leaving, deadly wounds. Shouts for help from Beatrice attracted neighbours who emerged on the scene, while Laryea showed a clean a pair of heels.

The neighbours gave Laryea a hot chase, apprehended and handed him over to the Police. He, for some unexplained circumstances, also suffered a cut on his left arm. After investigations, he was charged with the offence of causing unlawful harm.

Beatrice showed the dressed cuts on the head, hand and wrist to the court. However, Laryea has denied the offence and has been remanded in Police custody to re-appear on February 26 for hearing.

Human rights far from reality for Africans

By Ebenezer Hanson
It is instructive that within a space of two weeks, Ghanaians have been apprised on the human rights situation on the African Continent; the first by the Amnesty International-Ghana led by Michael Brigandi followed by that of the African Commission on Human and People’s Rights under Commissioner Musa Bitaye.
The Amnesty International Report 2008-The State of the World’s Human Rights made available to the Ghanaian media contains a revelation of a litany of violations of human rights on the African continent. From Algeria to Zimbabwe and from Gambia to Somalia, the human rights record is abysmally poor.
The reports notes that although a number of protracted armed conflicts have been resolved, such as in Angola, Southern Sudan, Sierra Leone and Liberia, their human rights consequences endure, affecting both economic and social development and the political arena.
It observes, “The violent struggle for power, even in states which do not descend into armed conflict, still remains an important component of politics in Africa, in spite of moves towards democratization in many countries.”
It further notes that despite significant developments in African human rights institutions, notably the establishment of African Court on Human and People’s Rights and the establishments of various Human Rights Commissions in various countries, “the human rights promised in the Universal Declaration of Human Rights (UDHR) are far from being a reality for the people of Africa”.
The Report captures gory details of the perpetration of high handedness unleashed against victims with impunity in many countries. “Police and other law enforcement officers were rarely held accountable for serious human rights violations, including arbitrary arrests and detention, torture and other ill-treatment.
Such impunity prevailed in many countries including Angola, Burundi, Equatorial Guinea, Eritrea, Mozambique and Zimbabwe. Law enforcement officers frequently used excessive force in countries including Benin, the Republic of Guinea, Kenya, Mauritania, Nigeria, Sudan and Zimbabwe. Incidents of excessive use of force were often not investigated, even when people were killed,” the Report observes.
The members of the United Nations, the Report submits, showed great leadership and foresight 60 years ago when they adopted the UDHR, agreeing on a comprehensive set of rights. Over the years, this unity of purpose was lost and today human rights issues divide rather unite us. The many crises facing the world and for that matter Africa, require concerted and united action by states to protect human rights, but the record of both the old and the new powers-whether at home or abroad-does not inspire confidence.
To Amnesty International, optimism for the future resides in the fact that a global civil society is uniting; rejecting the divisions of the rich and poor, secular and religious and north/south, and demanding unified action by states.
Coming at the heels of the launch of the Amnesty 2008 Report was the five-day visit of Ngary Musa Bitaye, member of the African Commission on Human and People’s Rights (ACHPR) with oversight responsibility for Ghana to the county. Mr. Bitaye, who was accompanied by Robert Wundeh Eno and Mrs. Tossin Nguher, was on what he termed “a promotional visit” and engaged with stake holders such as the judiciary, the Ghana Journalists Association, National Aids Commission, the Ghana Police Service as well as various NGOs including the Third World Network (TWN) Africa.
According to Mr. Bitaye they were in the country to learn about the human rights situation of the country and to explore ways and means of enhancing and promoting human rights in the country.
At a lecture organized by the TWN, Mr. Bitaye lamented the poor human rights record on the continent and called for concerted efforts form all stakeholders to arrest the situation. He believed the establishment of Commissions of Human Rights and Ombudsman offices in the respective countries with the requisite human capacity and facilities are indispensable to the realization of the goals enshrined in the UDHR.
He also appealed to Africans not to hesitate in seeking redress at the ACHPR after they have exhausted remedies in their home countries. All said and done, the ends of human rights and for that matter justice on the continent have not yet been attained and it a collective responsibility for all stakeholders to work towards them be it governments, human rights commissions, the ACHPR and civil society.

GHANA TO RE-ENGAGE EU ON EPAs

Ebenezer Hanson


The Minister of Trade and Industry (MOTI), Ms. Hannah Tetteh has revealed that government intends to re-engage the European Union(EU); as part of a process of consultation with both internal and external stakeholders on what to do with the Economic Partnership Agreement(EPA).

She said in furtherance of the engagement plan, President John Evans Atta Mills has written to the Prime Minister of the Czech Republic, who is the current EU Chairman inviting EU heads of government and ECOWAS member states to a meeting to discuss the outstanding concerns of the EPA.

In an exclusive interview with Public Agenda on Thursday, Ms. Tetteh further revealed that prior to meeting with the EU, a forum under the auspices of the MOTI would be organised by the end of the month for all local stakeholders to express their concerns on the subject particularly the light EPA that was signed by the Kufuor administration.

“ Before the government took over a lot of concerns were raised on the EPAs, thus an opportunity would be offered for these concerns to be addressed. We want to hear the pros and cons from the stakeholders and the proposals they have on the changes to the initial EPA if any.”

After this forum, she said, the concerns of the stakeholders would be presented to Cabinet for inputs of colleague Ministers, following which the government will take a position to guide iton its re-engagement with the EU.

Ms. Tetteh says the EU have indicated that they want the EPAs signed by June. “But whether Government would accede to this request or not would depend on the outcomes of the consultations. But we will ensure that the EPA is mutually acceptable to all stakeholders”.

She explained that the EPA has implications for both traditional and non traditional products such as poultry, pineapple and cocoa, whether Ghana signs unto it or not .“The issue therefore is not whether to have EPA or not, but to ensure that it works to our advantage and if there are negative consequences, they are reduced to the barest minimum.”

According to her, if the ultimate document turns out to be against our interest, Ghana will get development assistance from the EU to counteract the negative effects to ensure that they reduced to the bares minimum”, he explained.

“ We will negotiate to ensure a balance that will be in the interest of Ghana as whole,” she stressed.

In December 2007 when the EPAs came up for debate in Parliament, the Member of Parliament for Kumawu, Hon. Yaw Baah, made some startling revelations that the EPAs would have adverse impact on West African countries particularly Ghana and Cote d’Ivoire.
According to him, under the EPAs, Ghana, Nigeria and Cote d’Ivoire considered as the three non-Least Developed Countries (LDC) among the ECOWAS countries would not enjoy preferential treatment status granted to other ECOWAS countries and risk losing out under the new trade arrangement.
He thought that Nigeria now predominantly an oil economy would escape the imminent danger that would befall the largely agro-based products of Ghana and Cote d’Ivoire.
“It is the economies of the three that will be badly hit. Nigeria’s economy is no longer agro-based since it is more than 95% petroleum based. In the circumstance it is quite clear that it is Ghana, Cote d’Ivoire and to a little extent, Cape Verde, which are at the greatest risk," he argued.
In 2007 after intense protests and controversy over the trade partnership agreement between the European Union and Africa, Caribbean and Pacific countries, the Ghana government decided to sign what is referred to as an interim Economic Partnership Agreement (EPA)-light with the European Commission.
The trade deal, which made Ghana the second after Cote d’Ivoire was supposed to eliminate tariffs on virtually all of the country’s exports to Europe and on 80% of imports from Europe over 15 years.
According to Hon. Joe Baidoe-Ansah, then Minister for Trade and Industry Ghana and Cote d’Ivoire-the world’s top two cocoa exporters- had taken the move to avoid disruptions to their exports after preferential trade terms expired at the end of 2007.
Ghana’s horticultural exporters urged the government to sign the EPA-light in order to avert the possibility of losing out in business from January 1, 2008 - a situation that compelled civil society groups and other trade sector bodies to push the New Patriotic Party administration to subscribe to the Generalised Preference System (GPS).
The EPA-light is a partial arrangement that ensures that exports of certain sensitive products to the EU markets are protected from higher tariffs, while negotiations on the original text of the EPA continue. It was a compromised proposal from the EU to commit ACP countries to continue trade relations.
The trade regime of non-reciprocal preferences granted by the EU to the African, Caribbean and Pacific countries (ACP) for the past 25 years under the Lome Convention ended December 31, 2007.
ACP’s percentage of world trade dropped from 6.7% in 1975 to 2.5% in 2000. By 2006 there had been further down sliding such that by end of that year the percentage had plummeted to a mere 2.2%.
Hon. Baah stressed, "It was important for the EU to acknowledge that development is at the core of the Cotonou Agreement and EPA, and should not be artificially de-linked from trade issues by being negotiated at different stages." " Specific commitments are required by the EC particularly in respect of EPA support measures and programmes, additional funding earmarked for adjustment costs and their various sources of fund."
The MP for Akim Abuakwa North, Hon. Joseph Boakye Danquah Adu, was of the view that if Ghana had not signed the EPA-light the country’s non-traditional exports would have suffered adversely after December 31, 2007 since there would have disruptions in exports.
The MP for Wa West, Hon. Joseph Yieleh Chireh observed that in Ghana, consultations on the EPA had not been extensive and key players involved were even divided as to the stance government should adopt.
"Exporters do not know what will be the fate of their products and the Association of Ghana Industries (AGI) are also apprehensive about their products at home," he said.
He called on the government to be vigilant regarding the EPA-light in that "although the EU claims that it will open its market from January 1, 2008 it will insist on quality and standards and this where we will have problems as a nation".

Asantehene’s achievements acknowledged in Parliament

By Ebenezer Hanson

It has been argued that it is time the government partnered the chieftaincy institution to mobilize the citizenry for development. The proponent said some kings and chiefs, particularly the Asantehene, have demonstrated beyond any doubt that with a visionary and inspirational leadership, Ghanaians could be mobilized to effect positive and meaningful changes in the society.

The proponent, Hon. Inusah Abdulai B. Fuseini, (NDC-Tamale Central), notes that the quality of leadership provided by Otumfuo Osei Tutu II during his ten-year reign as Asantehene has brought immense benefits that transcend the Ashanti Region and if other chiefs could take a cue and replicate it, Ghana would be the better for it.

“Government should partner the chieftaincy institution to galvanize the people into action. The Asantehene has proved that could yield fruitful results and I urge other chiefs to emulate this example,” he declared while contributing to a statement on the 10th Anniversary Celebration of the Enstoolment of Otumfuo Osei Tutu II by Dr. Owusu Afriyie Akoto in Parliament last Friday.

Against this backdrop, he submitted that Ghanaians must employ all means to maintain the sanctity of the chieftaincy institution. “We as a people must do whatever it takes to ensure that the chieftaincy institution is not debased.”

Hon. Fuseini expatiated in a later interview with the Public Agenda that, the processes of succession in certain areas coupled with population explosion and its attendant difficulty of identifying royals have led to confusion in the selection of successors and thereby demeaning the throne. “Sometimes unqualified people have managed to manouvre their way to the throne,” he pointed out.

He also blamed some chiefs for bringing the institution into disrepute through certain condemnable actions like the multiple sale of land.

Nothwithstanding, he dismissed the contention that the chieftaincy institution had become anachronistic and therefore should be abolished. In his view, “the chieftaincy institution represents an arrangement that reflects our historical antecedents. It was a tradition that was the central authority but modernity and current arrangement it has ceded that power to the state. Therefore we should celebrate that identity and uniqueness by maintaining it”.

In his statement, Dr.Akoto (NPP-Kwadaso) recognized observed that through the “modern methods and unique style of communication, Otumfuo has succeeded in transforming the image of the age old institution. He has pursued policies and programmes which have not only brought dignity and respect to chieftaincy, but introduced modern practices without compromising on the principles of the institution.”
He said haven identified education as the major instrument of social change and progress, Otumfuo instituted the Otumfuo Eduacation Trust Fund soon after his enstoolment and has since implemented many infrastructural and scholarship programmes to promote education in particular amongst the brilliant but socially disadvantaged and poor and children.

“These programmes have not only benefited residents in the Ashanti Region but also many young people from other regions. The Fund has been so successful that it has been adopted as a model by many traditional rulers up and down the country. And children from socially disadvantage background, in particular those in the rural areas, are the biggest beneficiaries of these initiatives.”

Dr. Akoto disclosed that in addition to the Education Fund, Otumfuo has also established the Otumfuo Health Trust which was launched to research and deliver basic healthcare to fight the incidence of common diseases which afflict the people.

Otumfuo has initiated these social interventions in the belief that Central Government alone cannot shoulder the burden of the needs of the people and that all hands are required on deck. It is not for nothing that that his people that he has received from his people the accolade of ‘King Solomon’,” he emphasized.

He also recognized the tremendous efforts being made by other traditional leaders in several areas of endeavour. “Straight to mind is the work of the Okyenhene Osagyefo Amoatia II in the area of the environment, Togbe Afede in energy generation and the Naayiri, King of the Mmamprusi, in peace making in the Northern part of the country”.

The Minister for Communications, Hon. Iddrisu Haruna,(NDC-Tamale South), commended the Otumfuo that in face of even threats from modernity, he has demonstrated that chieftaincy could be used to contribute to socio-economic development.

But for the Otumfuo, he noted, the Dagbon Chieftaincy crisis would have been worse and hoped that when finally he gives his ruling on the matter it would be acceptable to all the parties concerned.

On February 9, the Catholic Metropolitan Archbishop of Kumasi, the Most Rev. Akwasi Sarpong, launched the programme of events to mark and celebrate the 10th anniversary of the enstoolment of the Otumfuo. On April 29,1999, the then Mr. Kwaku Dua, took the Great Oath of Asante( Ntamkese) at Manhyia and ascended the Golden Stool as the 16th King of Asante.

Ghana not ready for biometric voting, says Afari-Gyan

By Ebenezer Hanson

The prospects that Ghana will soon be using bio-metric voting in subsequent elections will for now remain a mere dream, Dr. Kwadwo Afari-Gyan, Chairman of the Electoral Commission (EC), has stated.

He stated strongly that the electoral process has been tainted with suspicion and the likelihood of sections of the electorate raising questions about the genuineness of scheme will be high . He says for now the EC is considering the biometric registration but not the biometric voting.

“The Commission is considering bio-metric registration of voters but as for bio-metric voting, I don’t think the country is ready for it. If we do, I believe some people will start asking whether the Castle has not programmed the machines with some figures to their advantage”.

Dr. Afari-Gyan disclosed these while responding to questions following his delivery of a paper at the Ghana Centre for Democratic Development (CDD-Ghana) 5th Kronti ne Akwamu Lecture in Accra. His topic was “The Challenges to Conducting Free and Fair Elections in Emerging African Democracies: The Case of Ghana.” It attracted participants which included the Second Deputy Speaker of Parliament, Prof. Mike Oquaye, Ms.Audrey Gadzekpo of the School of Communication Studies, politicians, academia, civil society and the media

The credibility or otherwise of an election, he observes, depends on multifaceted factors which include the expertise and skills of the EC, timely release of resources by government for the prosecution of the elections, free and fair reportage by media, and contestants conducting civil campaigns.

Additionally, there should be avoidance of multiple voting, the protection of ballot boxes by the security services and the speedy adjudication of election disputes.

Dr. Afari-Gyan says the focus of the EC is to ensure the integrity of the electoral system, which will survive individuals and can stand the test of time by pre-empting many of the troubles that have derailed many democracies in Africa.

He regretted that as of now, there is not a collective sense of ownership of the electoral process on the part of the political parties and this was worrying. While he lauds the Code of Conduct for Political Parties, he notes, “a code of conduct without legal backing is fruitless”.

He said some of the blame put upon the Police during elections were misplaced because the issues involved were administrative matters and structural problems beyond their control. He cited as an example somebody who was arrested by the Police in the Volta Region for crossing the border to take pictures meant for registration of voters. He said the culprit was first kept in custody at the Kedjebi Police Station and later transferred to the Hohoe Police station. But upon the instruction of some big man somewhere, he was set free.

Dr. Afari-Gyan said he welcomes any collaboration between the EC and National Identification Authority (NIA) since the latter’s work will complement that of the EC
He nonetheless warned,” the NIA’s work is not foolproof since it will have similar problems like the EC relative to registration in border towns.

The Kronti ne Akwamu Lecture is an annual public lecture on democracy and good governance instituted by CDD-Ghana. The lectures feature distinguished scholars and practitioners around the world whose work focus on democracy building and fostering good governance.

Such eminent personalities are provided with a forum to share with a wider public their knowledge of their insights into crucial matters pertaining to African/Ghanaian democratic governance and stimulate public debate on issues. The lectures are therefore aimed at bridging the gap between the scholarship and pro-democracy and good governance advocacy.

In his closing remarks, the Chairman for the event, Mr. Justice V.C.R.A.C Crabbe, a retired Supreme Court Judge and currently a Statute Law Revision Commissioner, espoused some of the points by Dr. Afari-Gyan, emphasizing that the process of organizing credible elections and building a strong democratic Ghana is a collective responsibility of all Ghanaians.

Unbridled creation of district assemblies is strain on national purse

By Ebenezer Hanson

The government has been advised to desist from an unbridled creation of new districts so as not to bring a strain on the national coffers, particularly the District Assembly Common Fund (DACF).

Mr. Kwamena Ahwoi, an ex-Minister for Local Government and Rural Development, who gave the advice at a Public Agenda Engagement Planning Workshop in Accra last Wednesday said, district assemblies (DAs) are created to engage in planning for the district and not just for political expediency.

He dismissed the creation of the Teshie-Nungua District Assembly as superfluous considering its location and jurisdiction.“ One wonders why certain districts have been created, for instance the Teshie-Nungua District Assembly. Districts are created for them to plan for the development of the their areas and not merely for the sake of it since they have implications on the Consolidated Fund.”

The workshop sought to chart a road map for Public Agenda’s Decentralization Project, which has been running since September 2006 with sponsorship from Rights and Voice Initiative. It brought together stakeholders from ISODEC, the Institute of Local Government Studies (ILGS), the Institute of Democratic Governance (IDEG), RAVI and Public Agenda.

The number of districts has recently been increased from 138 districts to 170. Any additional district means the appointment of DCEs, the election of assembly members, allocation of a portion of the DACF to the new districts, among others.

Mr. Ahwoi, who is currently a lecturer at GIMPA, expresses concern about what appears to be the different definitions given to decentralization by different regimes. He observes that these differences in the perspectives of decentralization have contributed to a situation where to the “NPP decentralization means deconcentration and to the NDC devolution of power”.
“ The fundamental problem of decentralization is one of definition and the term has to be defined else one day a judge will define it for us and we may end up with a meaning that we cannot work with, ” he adds.

Additionally, he notes that Public Agenda’s workshops have centered on fiscal decentralization with emphasis on decentralized transfers. He argues that it is time the paper focused on areas such as basic rate and property re-evaluation, which are potential sources for raking in large sums of revenue.

He recognized the need for a write-up on the status of decentralization which would serve as the basis for informed debate on the subject.

Mr. Eric Osae, a lecturer at the ILGS, urged Public Agenda to expand its distribution network of its quarterly supplement, the “Decentralization Agenda” since it has become the “mouthpiece of decentralization”. He also asked the paper to widen its base of operations and collaborate with other NGOs in order to avoid duplication.

He also called for capacity building and provision of logistics for all Public Agenda staff working on the Decentralization Project in order to enhance their efficiency.

Ms. Ruby Quantson of IDEG advocated an engagement between Public Agenda and the Presidential candidates of the various political parties to get the parties declare their position on decentralization.

She also called for intensive advocacy and lobbying regarding the principal issues that have come up during the various workshops on Decentralization. “They are good ideas but it would take intensive lobbying and advocacy to get them through”.

Farmers cry over seized lands

By Ebenezer Hanson

Issues of seizure of, demand for compensation and return of lands have been rife in recent times with the return of some Ga lands by Government being a classic case.

Coming at the heels of the Ga lands palaver is the demand from government for compensation of lands by two farmers from Dawa Kpeserbi, in the Upper Manya Krobo District in the Eastern Region, who claim their lands have been expropriated for the construction of a water project without being a paid a pesewa.

Dadematse Ayumu Anyeweahe and Musah Alidu, in a petition to the Minister of Water Resources, Works and Housing and copied to the MP for Upper Manya Constituency, said “ a machinery track has been constructed through our individual lands causing damage to our economic trees and food crops as well as the natural land without our knowledge and consent ”.

The petitioners explained that the portions of their land in issue have been selected to serve as the “main source for the construction of the water project being installed at Bukunor near Otrokper” also in the Upper Manya Krobo District.

Additionally, they found it difficult to comprehend why none of the youth from the area have been engaged on the project. “All workers on this project are being employed from outside without considering the youths in our locality,” they bemoaned.

Dadematsu and Musah prayed the Minister to intervene by correcting what they termed as the “discrimination against them” by paying them compensation as well as employing some of the unemployed youth from the locality “ to enable us to enjoy our fair share of the national cake we deserve”.

When contacted, Hon. Stephen Amoanor Kwao, MP for Upper Manya, confirmed that he was aware of the concerns of the petitioners and has indeed received the petition, which he has submitted it to the Ministry of Water Resources, Works and Housing.

He pointed out that the farmers deserve compensation and that the Ministry should give their request a favourable attention.

Attempts to get the Minister to comment on the issue proved futile as he was said to be out for a meeting when yours truly called at the Ministry last Wednesday.

Ghana fails to build on HIPC opportunity

By Ebenezer Hanson

An economist and business magnate, Mr. Ishmael Yamson, has submitted that Ghana has squandered an opportunity to use the Highly Indebted Poor Countries (HIPC) facility to ensure economic growth and stability.

He blamed the dire situation on overspending during 2008, which happened to be an election year.

“We have squandered the take-off opportunity that HIPC us offered and now we don’t have HIPC to bail us out; perhaps it would even be difficult to ensure stability,” he told participants at Ghana Development Dialogue Series on Wednesday in Accra.

Mr. Yamson, who is also the CEO of Yamson & Associates, was however, optimistic that the National Democratic Congress (NDC) administration has immense opportunities to break with the past to forestall a relapse that would warrant a future development dialogue event. “It is high time we rediscovered ourselves and break from the mediocrity we’ve locked ourselves,” he argued.

The dialogue series was under the theme, “Building Private Sector Competitiveness for Growth, Jobs and Poverty Reduction” and was a collaborative effort among the Council for Scientific and Industrial Research (CSIR), the Ministry of Trade and Industry (MOTI) and the World Bank.

Mr. Yamson, who chaired the event, noted that until we translate our strategies into action Ghanaians will in few be asking the same questions as to why we have not been able to take off. “Why are we asking the same questions we provided answers to some 20 years ago?” he asked

He observed that the world economy has changed and this required different perspectives and mindset in addressing the attendant challenges. He was hopeful that amidst the global economic recession, “there are opportunities within the crises. We have to find that space to our advantage,” he stressed.


Commenting on the theme, Mr. Yamson noted that the private sector is engulfed with bottlenecks including infrastructure and bureaucracy which make it less competitive in the global world. “Why should it take about 14 days to start a business in the country? It should be possible to that in a day. We’ve had the Long Room at Tema Harbour since independence! Sometimes, some create the bureaucracy so that they can exploit.”

Mr. Ishac Diwan, World Bank, Country Director was unhappy that despite the efforts Ghana has made over the years she is still a “factor driven” economy depending largely on labour and natural resources rather than the brain.

Factor driven economies have “minimal capacity to innovate, do not add much value to the goods and services they produce, have unsophisticated local enterprises with limited managerial and organizational capacity and minimal commercial and technological links to the global links, economy and use low wage, poorly educated, unskilled labour to produce and export unprocessed raw.”

In his view Ghana has achieved much in areas such as increased school enrolment in basic education, infrastructure, consolidation of democracy and rule of law and believed that these would pay off shortly.

That notwithstanding, he had some suggestions for the nation. He proposed that Ghana should ensure macro stability, embark on proactive policies and manage her oil properly. “The road ahead is much clearer than the past,” he argued.


The MOTI Minister, Ms. Hannah Tetteh, concurred with Mr. Yamson that that it was imperative to “shift from concept to execution” if the country has to make a headway.

She, nonetheless, disclosed that “government cannot use the procurement process to subsidize a weak private sector” and urged the sector to be innovative. 90% of Ghana’s private sector consists of Small and Medium Scale Enterprises (SMEs).

She revealed that the National Board for Small Scale Industries (NBSSI) would be revived as a means of injecting new life into that aspect of the private sector.

Ms. Sherry Ayitey, Minister for Environment, Science and Technology, said it is time to strengthen the various research institutions to enable them to contribute meaningfully to the growth and development of industry. Research findings and intellectual property would also be patented so that nation and individual Ghanaians would benefit from royalties.
The defunct Industry, Technology and Science Trade Fairs (INDUTECH), she further disclosed, would also be revived to enable Ghanaians to explore further into appropriate technology

Baah-Wiredu’s Death Unites Nation

Baah-Wiredu’s Death Unites Nation
The announcement of the untimely demise of Hon. Kwadwo Baah-Wiredu in far away South Africa last Wednesday, September 24, came to us like a dagger renting into shreds the usual serenity that envelopes our work in Public Agenda. But for the words of encouragement that exuded from a staff member, work would have grinded to a halt as almost the entire staff was virtually thrown into a state of grief.
All those who came into contact with Hon. Baah-Wiredu, the Minister of Finance and Economic Planning as at the time of his death, attest without a tinge of doubt, he was by all standards a fine, humble, affable and altruistic gentleman of a politician, a rare breed on our current political terrain.
He endeared himself to all persons regardless of one’s political colour, and the elegies and tributes that have been paid him from all sections of the political divide lend incontestable credence to this assertion. Ex-President Jerry John Rawlings, Founder of the opposition National Democratic Congress (NDC), eulogizes the late Baah-Wiredu as an embodiment of humility, a trait which to him was becoming almost become extinct among present politicians.
Hon. John Dramani Mahama, the NDC’s Vice Presidential Candidate, also showered praises on Hon. Baah-Wiredu describing him as a humble and hardworking Minister who juggle of figures was his forte. The standardbearer of the People’s National Convention, Dr. Edward Mahama, has also paid glowing tribute to the late Finance Minister saying he was an affable personality. Members of the ruling New Party Party , including Hon. Kwame Addo-Kufuor, Hon Stephen Asamoah Boateng and Hon. Prof. Mike Oquaye have equally lauded the exemplary life and work of their former colleague.
It is paradoxical and significant to note that the death of Hon Baah –Wiredu has united the entire nation. Similarly, it is ironical that it took an unwelcome incident such as death to defuse the simmering tension engulfing the nation following the political skirmishes during the voter registration exercise and the political violence in Tamale and Gushegu in the North.
Public Agenda wants to believe that these signs of bond of unity would not be a nine-day wonder but would be carried over into the elections and thereafter. We need not break our bones over the elections. All Ghanaians must, particularly the stakeholder political parties must resolve and commit themselves to peaceful elections so that we can come out as a strong united nation after the December 7 elections.
Hon. Baah-Wiredu’s life indeed sublimed and he has left footprints on the sands of time; footprints from which others will take inspiration and courage in their different human endeavours. His actions, works and career were indeed just and they will surely “smell sweet and blossom in the dust”.
Born on June 3, 1952 in Agogo, Baah-Wiredu started his secondary education at the Kumasi High School in 1967 and obtained the GCE (Ordinary Level) certificate in 1972.

He had his Sixth Form education at Prempeh College, also in Kumasi, and proceeded to the University of Ghana in 1974, obtaining a BSc degree in Administration (Accounting option).

He then did a four-year course with the Institute of Chartered Accountants, qualifying as a chartered accountant in 1985.
He worked in various positions with the now defunct Ghana Airways, the Volta River Authority and as senior consultant on computer systems and finance manager of Ananse Systems.

In addition, he was a partner in Asante Wiredu and Associates, an accounting firm, prior to becoming an MP.
Before he became a Finance Minister, he had held the Minister for Education and Local Government portfolios.

Decentralization is threat to perks of public office

By Ebenezer Hanson

An ex-Minister of Local Government and Rural Development, Mr. Kwamena Ahwoi, has observed that decentralization poses a threat to those in government because it whittles away the power they wield. Thus the powers that-be will invariably employ both covert and overt measures to resist any move to decentralize power.

Consequently, he has urged stakeholders like civil society organizations (CSOs) not to relent in their efforts at ensuring that the ends of decentralization are achieved, though the efforts will not be achieved on a silver platter.

“Decentralization poses a threat to the perks of those in government. Don’t forget that if governance is fully decentralized the officer in Accra who might have been receiving a few things from those who come from the districts stands to lose in the process.”

The observation was made at a two-day workshop on decentralization by Public Agenda at Dodowa under the theme “Reviewing the Legislative and Policy Framework for Effective Decentralization in Ghana”. The objective of the workshop was to take inventory of the decentralization process and to assess the effectiveness of the involvement of civil society organizations and other stakeholders in fashioning the way forward.

Reacting to a comment which suggested that sections of the media have not given much prominence to local government issues for of lack of monetary motivation, Mr Ahwoi retorted, “ it is not only the media, the entire system of governance has been monetized.”

The term ‘decentralization’ has been subjected to elastic interpretation and some say that, in part, accounts for the seemingly nebulous path of the process. The issue has been compounded by the fact that the 1992 Constitution has provisions on decentralization it is silent on its definition.
The amorphous meaning of decentralization has been captured aptly in Public Agenda’s flagship publication, “The Status of Ghana’s Fiscal Decentralization”. It notes, “The concept of decentralization does not lend itself to single and generally acceptable definition. As result, it tends to be elusive and its application as a development strategy has always varied from one state to another.”

In the words of George Kyei-Baffour, a former President of NALAG, “Decentralization has been managed by governments at their own convenience. Government wants to talk but when they get into power they don’t want to walk talk.” He recalled that the New Patriotic Party (NPP) administration promised to make the position of DCEs elective but when they assumed the reigns of power they reneged.

He lamented that sometimes there have been “no support from CSOs” to empower practitioners to push drive the decentralization agenda forward.

Mr. Ahwoi has always maintained that the NPP brushed aside their promise upon the realization that the District Security Co-ordinating Committee (DISEC) is chaired by the DCE. Thus if a member of the opposition wins the position of the DCE in the event of an election then he will chair the DISEC and that will be politically and security unwise.

The concentration or devolution or otherwise of power and its implications have long been recognized by philosophers years ago. A classic case was the observation by the French philosopher Baron Montesquieu that, when power is concentrated in the hands of a person or a few it leads to tyranny. The idea evolved into the time-tested political concept of the “Theory of Separation of Powers, Checks and Balances”, the bedrock of the United States of American democracy, which has lasted and flourish over 200 years , which many countries have adopted as their system of government worldwide.

Monday, April 27, 2009

DEATH PENALTY WILL NOT GO NOW

By Ebenezer Hanson

The Attorney General and Minister of Justice, Mrs. Betty Mould-Iddrisu, has revealed that the NDC government has no immediate plans of repealing the death penalty, at least for now, from the statute books.
The Attorney General and Minister of Justice told Public Agenda that if anything, it might be considered in future.
The Minister’s stance comes after Amnesty International (AI), Ghana Chapter reinforced the need for capital punishment to be expunged from the country’s statutes books at a news conference on Tuesday, March 24.
“There is no policy directive from government for a review of the Death Penalty during this legislative term. It might be considered in future,” she stressed.
She however, added that since the inception of democratic governance in 1993, the death penalty has not been carried out in the country.
That notwithstanding, Amnesty International(AI) argues that it is hypocrisy on the part of Ghana to retain death penalty on the statute books and yet fail to apply it. AI argues that the death penalty is the ultimate cruel, inhuman and degrading punishment in modern times incompatible with human rights standard and has to be abolished.
In 2008, three people were sentenced to death and according to AI there were approximately 105 prisoners on death row including three women. But before former President John Agyekum Kufuor left office, he commuted all the death sentences; some to total pardon and others to various sentences. Thus the AI has appealed to President John Evans Atta Mills to “seize the moment and take immediate steps to abolish the Death Penalty”.

AI says there is empirical evidence that the death penalty does not deter people from committing homicide-the act of deliberating killing another- and that long prison sentences which may reform convicts will serve the interest of the nation.
“What is the use of retaining a law and not applying it, it smacks of hypocrisy,” the President of the Ghana Section of AI, Vincent Adzahile-Mensah, declared at a news on the why Ghana has to abolish the Death Penalty.
He explained that the Death Penalty was not only irreversible but also a flagrant violation of the fundamental human right to life. He adds that there is evidence to show that many convicts who subsequently became victims of the death penalty suffered miscarriage of justice. “But the execution could not be reversed.”
Tuinese Edward Amuzu , Executive Director of Legal Resources Centre in Accra described the death penalty as injustice and that the “The only thing worse than injustice is tolerating injustice.”
He stressed that the “Death Penalty was not and could not be a solution to crime but that the Death Penalty is rather the most heinous violation of human rights.”

Mr. Amuzu was of the view that the absence of death penalty must be, among other things, the pre-eminent measure of civilization, of humility on the part of any government; of the human centredness of any government and of measure for pacesetting.

Justices of the Supreme Court of Ghana even differ on whether the death penalty should be abolished or not.

Last year the issue was brought into sharp focus when four Appeal Court Judges who appeared before it in respect of their nomination by the President to the Supreme Court, were sharply divided over the issue: two were for its repeal, while the other advocated its retention.

Justices Rose Constance Owusu and Paul Baffoe-Bonnie submitted that capital punishment should be maintained, while Justices Anin Yeboah and Jones Dotse were of the view that it should be expunged from the Statue books.
The posture of the Appointments Committee members favours that of abolition of the law and they argue that that is the contemporary thinking and Ghana should not be left behind.
Advancing arguments for the retention, the 64-year-old Ms Justice Owusu, a staunch Presbyterian and 20 years of service at the bench, said her stance was rooted in the Biblical injunction by the Lord Jesus Christ: " He who draws the sword must die by the sword."
According to her, she does not see the reason why an accused that had gone through a fair trial and having been proven beyond reasonable doubt that he was guilty of murder should not be asked to face the same fate.
But the then Minority Leader, Hon. Alban S. K. Bagbin, a Catholic by faith, felt Justice Owusu was misapplying the Scriptures and drew her attention to the Bible passage which says that " Vengeance belongs to God "; alluding to the fact God has not conferred the power of taking the life of any human being into the hands of another.
Justices Anin and Dotse agreed with members of the committee that history is replete with stories from other jurisdictions where people have been executed for murder and later evidence had proved that they were not guilty of the offence. But it "was too late" because the affected persons could not be resurrected.
The death penalty has been on Ghana's statute books since the inception of English common law in the country in 1874. Ghana still retains the death penalty for armed robbery, treason and first-degree murder. Under Article 72 of the Constitution the president may exercise the Prerogative of Mercy and grant amnesty.
According to human rights activists and the Ghana Bar Association, at least 155 people were executed between 1984 and 1993 when former President Jerry Rawlings headed the Provisional National Defence Council government. Many were soldiers suspected of coup plotting.
But the situation has changed now. In April 2000, 100 people had their death sentences commuted to life terms. In February 2001, the then Justice Minister, Nana Akufo-Addo, spoke out publicly against the death penalty. In June 2003, nearly ten years after the last execution (July 1993), ex-President John Agyekum Kufuor, granted amnesty to 179 prisoners that had spent at least ten years on death row.
No executions have taken place since July 1993, when 12 prisoners who had been convicted of armed robbery or murder were executed by firing squad. Executions may also be carried out by hanging but Ghana's last hanging was performed in 1968.
On March 6, 2007 ex-President Kufuor, freed or commuted the sentences of 1,206 prisoners to mark the 50th anniversary of independence, according to an Interior Ministry statement. Thirty-six prisoners who were on death row have had their sentences commuted to life in prison.
Three prisoners who were serving life sentences had their jail terms reduced to 20 years. And 1,167 detainees serving lesser sentences were freed. Ghana's prison population stands at just under 12,000.
On December 18, 2007 Ghana abstained on the Resolution on a Moratorium on the Use of the Death Penalty at the UN General Assembly.

LABOUR COMMISSION IS BROKE

By Ebenezer Hanson

The National Labour Commission (NLC) is facing serious financial crisis, which has rendered it inactive and if emergency steps are not taken to address the financial crunch, the Commission will eventually become redundant.

The Member of Parliament for Sege, Hon. Alfred W.G. Abayateye, told Public Agenda interview in Parliament that the NLC is presently being threatened with ejection for its inability to pay accumulated rent of GHc500,000 which expired last month. As of Tuesday, March 24 when the interview was granted, no further payment had been made.

Apart from the outstanding rent the allowances of the Commissioners, have not been paid since the beginning of the year, according to the MP. In addition, the Commission is grappling with the problem of money to purchase prepaid electricity cards. “As I am speaking now the Commission has no electricity, they spend 18,000 Ghana cedis annually on prepaid electricity units,” he stressed.

Hon. Abayateye accordingly associated himself with the call by Parliament’s Committee on Employment, Social Welfare and State Enterprises that a supplementary budget be raised to enable the Commission to carry out its planned programmes and activities for 2009. This is against the backdrop of the Committee’s view that the NLC budgetary allocation of GHc 416,401.00 for the financial is inadequate.

“ What is most disturbing is that out of the total allocation covering personnel emoluments, administrative, service and investment expenses, two-thirds will into the payment of emolument, leaving just a pittance for administrative and investment purposes,” he lamented.

The breakdown of the GHc416, 401.00 is as follows: personal emolument GHc265,476.00; administration GHc29, 986.00; service GHc70, 939.00 and investment GHc50, 000.00.

The Committee confirmed the fears of Hon. Abayateye when it noted in its report that the NLC is “still operating from rented premises for which huge sums of money are paid as rent. The Committee further noted that the Commission’s rent advance expired at the end of February 2009. This has rendered the Commission as tenant at will”.

It again observed that the NLC does not have the full complement of staff particularly researchers and lawyers. The NLC currently has eight research assistants and one lawyer. “This situation does not augur well for speedy and efficient settlement of industrial disputes particularly when the Commission receives an average of 60 cases per week. It is the candid opinion of the Committee that if this trend is allowed to continue, parties to industrial dispute would gradually lose confidence in the Commission and resort to other means such as strikes demonstrations and violent confrontation in resolving disputes.”

The NLC exists to develop and sustain a peaceful and harmonious industrial relations environment through effective dispute resolution practices within the context of the law, promotion of co-operation among the labour market players and mutual respect for the rights and responsibilities.

In 2008, the industrial atmosphere was relatively calm although there were few agitations from some public and private sector workers. To enhance worker-management relations, the NLC settled about 300 outstanding cases from 2005-2007. It also received 373 cases out of which 215 were settled with 158 being dealt with.

Similarly, seven collective bargaining disputes involving over 5000 unionized workers were settled through mediation and voluntary arbitration. These disputes involved trade unions, management and employers mainly in the private sector and Free Zones enclave.

With technical and financial support from the Trade and Investment Programme for Competitive Export Economy (TIPCEE), the NLC has developed a computerized management system to assist in ensuring efficiency in dealing with labour issues.

According to the Parliament’s Committee Report on the NLC’s annual budget estimates, the Commission intends to continue a nation-wide education campaign on the new labour, law and good industrial relations practice. It will also further intensify its efforts to clear all outstanding cases and ensure the settlement of 80 percent of new cases by the end of 2009.

The Committee observed that in its quest to prevent and resolve industrial disputes, the NLC has planned to establish three regional offices in flash areas such as Tema, Takoradi and Kumasi.

“The Committee sees this laudable particularly in the Western Region, because of the intense economic activities likely to develop following the oil find. The Committee, however, regrets to report that no provision has been made in the 2009 budget to realise this noble objective,” the Report noted.

Constitution silent on replacement of presidential candidates

xBy Ebenezer Hanson
The First Deputy Speaker of Parliament, Hon. Freddie Blay, believes it is time the nation took a look at the constitutional silence on how a presidential candidate is to be replaced in the event of death of permanent incapacitation.
“I believe the nation has to look at the gap and fill it by expressly providing for it,” he told Public Agenda in an interview in Parliament.
Notwithstanding the significant Constitutional omission, Hon. Blay was of the view that in the unlikely event of any misfortune preventing a candidate, a political party should be allowed to fill a new candidate. “Anything not disallowed by the Constitution is also permitted by Constitution and therefore it will not be wrong for a new candidate to be filled.”
Articles 57-69 of Chapter eight of the Fourth Republican Constitution provides for the Executive, the qualifications and election of the President, among other things; however there is no provision on what happens in the event of the incident in issue.
A fortnight ago, the Presidential nominees of the various political parties filed their candidatures with the EC and became the recognized Presidential candidates of their respective political parties; some were disqualified though for various reasons.
Nana Addo Dankwa Akufo-Addo for the New Patriotic Party(NPP), Prof. John Evans Atta Mills, National Democratic Congress(NDC); Dr. Papa Kwesi Nduom, Convention People’s Party(CPP); and Dr. Edward Mahama of the People’s National Convention(PNC).
The rest were Mr. Thomas Ward-Brew of Democratic People’s Party (DPP), Mr. Emmanuel Ansah- Antwi, Democratic Freedom Party (DFP), and Kwesi Amoafo-Yeboah (Independent).
The Minority Whip and Member of Parliament (MP) for Ningo/Prampram, Hon. Enoch Teye Mensah shares similar views but short of asking the nation to fill the gap through explicit provisions. He proposes that the parties should be given the opportunity to substitute any candidate whom circumstances will make it practically impossible to contest.
“The Constitution provides for the Vice President to take over in the absence of the President but that provision is not applicable to presidential candidates and their running mates,” he recognizes.
Hon. Prof. Mike Oquaye espouses Hon. Teye’s position saying that since the presidential slot belongs to a party and not the individual, the candidate in question should be substituted. He cited an instance where a parliamentary candidate who died shortly after filing his nomination forms had to be replaced by his wife. Although he acknowledges that was a parliamentary contest he believes the same arrangement could be applied.
Kobina Fosu, a former MP for Asikuma/Odoben/Brakwa, was of the view that the Inter Party Advisory Committee (IPAC) of the political parties should agree on an arrangement to fill the gap.
“Imagine the chaos that will erupt if a party’s candidate is unable to compete and the party is disallowed from fielding a candidate.” He believes that a convention may even evolve for solving the problem.

Monday, April 6, 2009

Atta Mills’ administration will re-demarcate districts

A Prof. John Evans Atta Mills-led National Democratic Congress (NDC) has served notice that it would tidy up what it brands” the mess created by New Patriotic Party(NPP)” by re-demarcating the boundaries of the existing districts as a measure of deepening the process of decentralization and extending the frontiers of local government.
According to the NDC, the two re-demarcation exercises undertaken by the NPP Government in 2003 and 2007/2008 appeared not to have followed any accepted principles of re-demarcation of district boundaries. “The present exercise is more one of political and electoral gerrymandering than deepening democracy,” the party said.
These plans are contained in the NDC 2008 manifesto under the theme’ Transparent and Accountable Governance’ and are part of its ‘Local Government and Decentralization’ programme.
The NDC claimed that under the NPP, “the representation ratio designed to be achieved was not made known and neither has the ultimate number of districts sought to be created been made known”. The party adds, “Some of the re-demarcations fly in the face of the demarcations principles laid down in the Local Government Act, 1993, Act 462, and the resultant sub-district structures have not been properly re-aligned between the old and the new districts.”
To fix these problems, the NDC says they will re-demarcate the existing districts using objective, scientific and planning criteria to determine how many districts ought to be created and which ones.
In a similar vein, the NDC chastises the NPP for its alleged ineptitude in the handling of the Sub-Metropolitan District Councils (SMDCs) as the first district level structures in the Metropolitan Assembly system. “Three Legislative Instruments Amendments passed by Parliament in 2004 designed to change the composition, structure and functions of the SMDCs have proved so confusing that four years after their passage, it has not been possible to implement them.”
The party further observes that Legislative Instruments for Cape Coast, Tamale and Tema Metropolitan Assemblies that gave those assemblies a composition, structure and functions different from those of the previous three Metropolitan Assemblies of Accra, Kumasi and Shama- Ahanta East. The NDC says if it assumes the realms of power, “it will revisit the SMDCs and review their enabling Legislative Instruments to ensure their workability and consistency.”
Additionally, the NDC mocks the NPP for reneging on its manifesto promise to elect District Chief Executives and thus depart for the NDC arrangement of appointing them. “ That they have found it ‘ wise’ not to change the Constitutional procedure for the appointment of DCEs for nearly eight years they have been in power means clearly that the present system has merit.” The NDC promises to stick to the status quo while taking steps to deal with the identified weaknesses and abuses associated with it.
The party further claims that its understanding of decentralization appears to be different from that of the NPP in that while the NDC implemented a policy of “devolution” of power while it was in office , the NPP’s style has been one of “de-concentration”.
It observes, “Government has had laws passed that have had the effect of recentralizing instead of decentralizing public administration. In some cases, the laws have rolled back progress made under the NDC Government in the decentralization programme”.
It assures that an NDC administration will organize a broad national Stakeholders Conference on Decentralization which will not only look at the conceptual issue, but will also review the 20 years of decentralization implementation (1988-2008) and make proposals on the way forward.
The NDC says notwithstanding the proposed Conference, it will take certain specific measures to accelerate decentralization once in power. And these include the reviewing of the Local Government Service Act, 2003, Act 656 to be harmony with Local Government Act, 1993, Act 462; the discontinuing of the practice of issuing of guidelines by the Ministry of Local Government to the District Assemblies for the utilization of the District Assembly Common Fund; the reviewing of the Public Procurement Act and the Internal Audit Agency Act.