Democracy Watch Vol. 5, No. 2&3 September 2004 1

A Quarterly Newsletter of the Ghana Center for Democratic Development 16&17 %DLNBQ@BX 8@SBG Volume 5, No. 2&3 September 2004 IN THE ANNALS OF GOVERNANCE ISSN: 0855-417X contract. The motion failed to pass. Knowing when to stop Eventually, the Government, relying on In this issue playing politics: its majority in the House, secured lessons from the CNTI approval for the completed transaction. and IFC loan sagas E Knowing when to stop playing The CNTI saga is worrisome, as it politics: lessons from the CNTI suggests that the Government, together and IFC loan sagas In May of this year, sections of the with Parliament and its Finance ...... Page 1 media began to report that the Committee, had learnt nothing from the Government of Ghana was negotiating IFC debacle. The episode gives one a US$300 million facility from an cause to query whether Ghanaians are E Bueaucratic wrangling and an urgently needed Human Trafficking offshore entity that the reports ever going to get from our political class Bill ...... Page 4 identified simply as CNT or CNTI. a public ethic that aspires to a standard Public interest in the story grew when of conduct higher than the minimum the the media started to question the bona Constitution prescribes in a given ECrises in governance of the fides of CNT/CNTI. Sceptics drew instance. Rather than dwell on the media ...... Page 6 close parallels between this latest loan behavioral lapses and deficiencies of our transaction and the ill-fated IFC loan political elites, Democracy Watch ETraditional leaders and develop- (see CDD Democracy Watch Vol. 3, focuses on the governance and ment initiatives... No. 2/3, September 2002). As with institutional dimension of this entire ...... Page 8 “IFC,” questions were raised regarding episode. the nature of the indebtedness that the EDefeat of incumbents in primaries country might be assuming under the From an institutional perspective, the - democracy’s sting in the tail proposed transaction—e.g., was it a CNT/CNTI saga, like the “IFC” one ..... Page 10 “loan” or some other financing before it, raises questions about the arrangement? The identity and adequacy of the existing “process” for E Ghana’s National Reconciliation reputation of the financing source also the review and pre-approval of loan or and its final phases came under intense media scrutiny. other financing agreements by ...... Page 12 As public doubt regarding the wisdom Parliament. In particular, it calls into or genuineness of the proposed question whether, in negotiating, transaction mounted, the National evaluating, or authorizing a public loan Democratic Congress (“NDC”), or financing transaction, a completely EDITORIAL TEAM whose Members had previously joined political process, without any formal role ¢ Baffour Agyeman-Duah with the NPP majority in Parliament for independent technocratic review or ¢ Audrey Gadzekpo to authorize the Government to recommendation, serves the national ¢ E. Gyimah-Boadi proceed with the loan transaction, interest. ¢ H. Kwasi Prempeh called on the Government to halt its ¢ Edem Selormey efforts to secure the financing. The The manner in which our political elites ¢ Kwesi Yankah NDC parliamentary group have approached this whole business of subsequently tabled a motion in the loan agreements is illustrative of one of Democracy Watch is published with funding from House seeking to deny the the major problems holding back this the German Technical Cooperation, GTZ. Government authority to execute a final nation; namely, the conscious failure (in Continued on next column E Continued on page 2 E Democracy Watch Vol. 5, No. 2&3 September 2004 2 some cases, refusal) of politicians to make full and judicious Standing Orders, Parliament has designated the Finance use of the wealth of human resources, including ideas and Committee of Parliament as the committee responsible for proposals, available within the country. It may be recalled reviewing the documentation relating to a proposed loan that in the aftermath of the IFC debacle, Democracy Watch or other financing transaction and making the appropriate registered its disappointment at the rather unprofessional recommendation to the House as to whether the required and uncritical manner in which Government and Parliament legislative pre-approval should be granted. This, of course, alike had approached that transaction. More recently, Nana places on the Finance Committee an immensely important S.K.B Asante, easily one of this country’s most duty of trust and diligence, especially since the House usually knowledgeable and experienced citizens in the area of adopts the recommendation of the committee to whom a international loan agreements and business transactions, had matter has been referred for closer study and scrutiny. The occasion to reflect on this same issue in his 2002 Danquah question here is whether Parliament or its Finance Memorial Lectures. (See Nana (Dr.) S.K.B. Asante, Committee has the requisite professional or technocratic Reflections on the Constitution, Law and Development: capacity to discharge this responsibility all by itself. The Lecture III (Fredrich Ebert Stuttgart: June 2003)). answer, obviously, is no, as amply demonstrated by the failure of Parliament and its Finance Committee to subject both the IFC and the CNTI “loans” to satisfactory due The grant of authority comes with it the “ diligence prior to approving them. Is article 181 then the expectation that when it comes to the actual problem? “doing” of the thing, the person or body entrusted with the constitutional authority will seek the assistance and rely on the efforts of persons Authority versus Competence with the appropriate competence in the relevant area.” Article 181 is an entirely appropriate provision. The power vested in Parliament by Article 181 is intended merely to In his Lectures, published several months before this latest affirm the principle that in a democracy the government CNT/CNTI saga, Nana S.K.B. Asante offered some very may not incur or contract debts in the name of the people insightful observations about the process for the negotiation, without obtaining the prior approval of the people’s elected review and approval of international loan/business representatives. Thus, there is nothing wrong or exceptional transactions, including some very useful historical learning about Article 181. However, for Article 181 to serve as on our national experience in this area. Nana Asante put an effective horizontal or countervailing check on the forth a set of concrete proposals to reform the process in Executive’s loan-making activity, our elected officials must the national interest. Needless to say, neither the acknowledge that there is a distinction between authority Democracy Watch commentary of September 2002 nor and competence. Just because a person or body has the Nana S.K.B. Asante’s recent advice seems to have found constitutional authority to do a certain thing does not mean a listening or receptive ear among those for whom such that such person or body has the requisite competence or observations and advice are generally intended. Our capacity to do the same thing. Still, in a constitutional politicians seem determined to do whatever it is they are democracy, it is usual and proper for the authority to do resolved to do, whether or not they know exactly what it is certain things or make certain decisions to be vested in they think they are doing. either Parliament or the President (or both), so as to ensure that someone can be held electorally accountable for the Democracy Watch shares wholeheartedly Nana S.K.B. use (or misuse) of that authority. At the same time, however, Asante’s observation that “the defective transactions which the grant of authority comes with the expectation that when are currently the subject of much public anguish” stem from it comes to the actual “doing” of the thing, the person or the “glaring deficiencies” in the existing institutional body entrusted with the constitutional authority will seek framework for dealing with international loan and other the assistance and rely on the efforts of persons with the business transactions. As Nana Asante aptly observed, appropriate competence in the relevant area. “We do not appear to have learned our lessons of history. Indeed there does not seem to be any policy on acquiring For instance, the Constitution makes the President the and retaining expertise in negotiating international Commander-in-Chief of the Ghana Armed Forces. This transactions although our entire development strategies means that the President—and only the President—is revolve around such transactions.” vested with final authority to decide whether or when to commit or command Ghanaian troops into action. But Article 181 of the Constitution requires Government to merely because the President is the Commander-in-Chief obtain the pre-approval of Parliament before it proceeds does not mean that the President is vested with the technical to execute a proposed loan transaction. Pursuant to its competence to lead or direct the troops in actual combat.

Continued on next column E Continued on page 3E Democracy Watch Vol. 5, No. 2&3 September 2004 3

In order to accomplish the latter, the President must rely endorses the following reform proposals put forth by Nana on the military chain of command—the technocrats or S.K.B. Asante: experts in matters of warfare and strategy. The negotiation, (1) To ensure the rigorous scrutiny of review and evaluation of international loan/business international business transactions involving governmental agencies, procedures should “Merely because the Constitution gives be clearly established for the conduct of Parliament ... the authority to review and pre- negotiations, as instituted some thirty years approve public loan transactions does not mean that ago; Parliament or its Finance Committee is competent to undertake, or must undertake, by itself, without (2) An inter Ministerial mechanism for a inputs from any other source.” thorough and in-depth scrutiny of international business transactions should agreements should be no different. be introduced along the lines of PARC [the The process of negotiating and reviewing international loan/ Public Agreements Review Committee] for business agreements typically requires input from the Executive Branch of government; experienced transactional lawyers, accountants, financial analysts, investment advisers and, sometimes, even (3) The Finance Committee should be engineers or other specialized professionals. Parliament provided with the necessary staff support may, of course, have amongst its membership persons of to critique international business various professional backgrounds and training. And the transaction before consideration of such Finance Committee may be so constituted as to take transactions by Parliament; advantage of the professional qualifications of certain MPs. Even so, the fact remains that MPs sit in the House or in (4) Parliament should introduce legislation to committee not in any professional capacity but purely in implement the provisions of Article 181 their capacity as persons elected, on their own account or on a party’s ticket, to represent their constituents and the Democracy Watch agrees with Nana S.K.B. Asante that nation. Thus, merely because the Constitution gives re-introducing the Public Agreements Review Committee Parliament (and, via the Standing orders, the Finance or a similar inter-ministerial, technocratic review body does Committee) the authority to review and pre-approve not in any way offend Article 181. Article 181 merely sets public loan transactions does not mean that Parliament or a minimum, not a maximum, requirement; a floor, not a its Finance Committee is competent to undertake, or must ceiling. As in the past, the PARC would be an intra-executive undertake, by itself, without inputs from any other source, body designed to ensure that proposed agreements pass a all of the tasks and functions that would enable it to exercise certain technocratic test before they are even submitted for its constitutional authority properly. Parliament’s pre-approval and for Government’s final execution. Regarding Parliament’s approval role, Importantly, article 181 does not preclude Parliament or Democracy Watch would add to Nana Asante’s proposals its Finance Committee from engaging or eliciting the comment that the Finance Committee need not await a independent, even confidential, professional advice, full complement of full-time professional staff before it begins assistance or opinion in discharging its review or “due to take its review and recommendation role seriously. The diligence” functions. Parliament and its Finance Committee, Committee can contract, on a case by case basis, for the however, have thus far approached their Article 181 services of independent, locally available expertise to assist responsibilities as if the exclusive constitutional authority it with its due diligence and review of loans and other provided them under Article 181 commands them to international financing agreements submitted by undertake all of the related technical aspects of loan review Government. and evaluation, including all necessary due diligence, all by themselves, without reliance on professional expertise or For as long as our national development programs and goals opinion from outside the House. Nothing in article 181 continue to be funded disproportionately by external requires Parliament to undertake entirely by itself whatever financing, we can be certain that the issue of negotiating, “due diligence” is constitutionally implied within its approval reviewing and approving international loan and other authority. financing agreements is one that will not go away anytime soon. But we cannot continue along the path of the IFC Reforming the Current Process and CNTI cases. These decisions are too important to be the monopoly of politicians applying a strictly partisan In light of the deficiencies identified in the existing regime political test. These are decisions that must be made with for reviewing international agreements, Democracy Watch Continued on next columnE Continued on page 4 E Democracy Watch Vol. 5, No. 2&3 September 2004 4

the greatest degree of transparency and technocratic input. problems facing the disabled in our society, or the persistent After all, the resulting indebtedness constitutes part of our under-representation of women in key public positions. national debt for which current and future generations would There is as yet no comprehensive legislation on the rights be responsible; they do not represent debt obligations of of persons with disability, despite the presence of a draft any particular party or government. Thus, these are matters bill over two years in the making. The Constitution has that must be approached seriously, and with the long-term been in force for over a decade, yet there is no law national interest as the sole guide. guaranteeing equal spousal rights. And progress on a Domestic Violence Bill, into which many women’s groups “We demean and impoverish democracy when we and equality advocates have invested substantial time and reduce every decision of consequence in our public effort, appears to have stalled after the draft bill was taken affairs to a simple game of scoring partisan points.” over by the Government. The Government’s failure to implement legislation prohibiting trafficking is yet another Even in a democracy, there is a time and a place for partisan example of an overall indifference toward human rights and politics; and there is a time and a place for doing the public’s humanitarian concerns. business with only the overriding national interest as the guide. The business of negotiating, reviewing, or approving Currently, trafficking offences are prosecuted under the international loan agreements is not the time or place for Criminal Code, 1960 (Act 29), as amended, and the petty politics. We demean and impoverish democracy Children’s Act, 1998 (Act 560). Although §314 of Act 29 when we reduce every decision of consequence in our makes all forms of “slave trading” a criminal offence and public affairs to a simple game of scoring partisan points. §§ 107 & 108 of the same act prohibit the procurement of ¶¶ women and underage persons for sexual activity, the Code contains no specific prohibitions against trafficking in persons. Government officials complain that current laws Bureaucratic wrangling and an are insufficient and hamper law enforcement officials’ efforts urgently needed human to prosecute. For example, last year, police arrested four trafficking bill people for trafficking-related offences, but none were convicted. Two other persons who tried to sell a child There have been stories in the media recently concerning were sentenced to just two-year jail terms and fined. A trafficking of women and children. While professing a woman arrested in 2001 on charges of child trafficking to commitment to alleviating the plight of those members of the Gambia is still being prosecuted, and there is another our society that have special needs or disadvantages, trial underway involving several traffickers who were Government has often neglected to take appropriate intercepted with 50 children in 2002. remedial action or other forms of intervention to address the identified problem. A case in point is the Government’s “There is little to demonstrate failure to enact a comprehensive anti-trafficking legislation concretely the Government’s commitment to to deal with the trafficking of women and children. The address the problems facing the disabled in our Government’s negligence in this area is a reflection of a society, or the persistent under-representation generally laissez-faire or unenthusiastic attitude to human of women in key public positions.” rights matters. Ghana has not yet signed the U.N. Protocol to Prevent, For example, Article 29 of the Constitution imposes a duty Suppress and Punish Trafficking in Persons, Including to enact legislation to secure the rights and advance the Women and Children (the “Protocol”). The Protocol was interests of the disabled; Article 22 commands Parliament adopted in November 2000 and has been signed by more to enact, “as soon as practicable after the coming into force than 100 countries and ratified by 64. Yet Ghana has been of this Constitution,” legislation to secure the property rights reluctant to sign this agreement. Additionally, Ghanaian of spouses during and upon the dissolution of a marriage; NGOs are conspicuously absent from the Network Against and Article 27 calls for other “affirmative action” necessary Human Trafficking in West Africa, an alliance of advocacy to guarantee women the full measure of the equality organizations representing seven other West African nations. promised under the constitution. Other than holding press In June 2004, the U.S. State Department released its latest conferences by Ministers or other public servants to annual analysis of nations’ efforts to combat trafficking in highlight World Disability Day, or designating a Minister persons. The Trafficking in Persons (TIP) Report’s

and Ministry for Women and Children’s Affairs, or some appraisal of Ghana’s efforts to fight trafficking states: “The

similar symbolic gesture, there is little to demonstrate Government of Ghana… complies with the minimum

concretely the Government’s commitment to address the standards for the elimination of trafficking.” In support D D D D D of its evaluation, the report cites the government’s efforts Continued on next columnE Continued on page 5 E Democracy Watch Vol. 5, No. 2&3 September 2004 5 to repatriate trafficked children and assist their families, Department of Social Welfare is represented in each of as well as efforts to launch trafficking awareness Ghana’s 110 districts, the draft bill awards ownership of campaigns. Complying with the minimum standards, the bill’s enforcement to that Department. However, the however, is not cause to celebrate. Ghana’s endeavors Ministry of Women and Children reportedly is staunchly to tackle this gross human rights problem are hardly opposed to the Department of Social Welfare owning the satisfactory. bill. The majority of people trafficked internally in Ghana are children, particularly girls between the ages of seven and The current fragmented approach of prosecuting traffickers under discrete pieces of legislation is not good enough. While “The clearest deterrent to trafficking, the territorial squabbling goes on, children continue to be however, would be a comprehensive act trafficked and sold into servitude. Given the enormous human that lays out strict penalties for trafficking.” rights problem that trafficking poses, the government ministries need to avoid further delay, introduce this bill and 16, who come mostly from the Northern part of Ghana. ensure its passage. Failure to do this amounts to failure by Young boys aged 10 to 17 are also lured to mining areas Government to live up to its humanitarian obligations to pro- to engage in illegal mining or forced to work in the fishing actively act to protect the vulnerable in our society.¶¶ industry. Nevertheless, the scope of the trafficking problem in Ghana encompasses many more victims than just such children. Ghana is a source, transit and Crises in governance of the destination country for women and children who are media exploited for sex, or forced into domestic and commercial labour. Victims are trafficked into and out of Ghana, as Arguably, the media environment in Ghana has improved well as within its borders. There are streams of Ghanaian under the New Patriotic Party (NPP) administration. A CDD women and girls trafficked for forced labour to Cote mid-term review of the Kufuor administration determined, d’Ivoire, Togo, Nigeria, the Gambia, even as far away as for example, that positive developments such as the repeal the Middle East. of the criminal libel law, accessibility of the President, ministers and key public figures to the media, inclusion of The Ministry of Justice is considering creating a registry the private press in the Castle Press Corp, and the of children who live with their relatives who are not their development of freedom of Information legislation, parents, to prevent trafficking, as well as raising the penalty underscore the government’s commitment to press freedom. under §§ 107 and 108 of the Criminal Code from a misdemeanour to a second-degree felony. The clearest Recently, however, two incidents involving state media deterrent to trafficking, however, would be a institutions have provoked accusations of media comprehensive act that lays out strict penalties for politicisation and managerial highhandedness: the interdiction trafficking. of four journalists and the Director of Television at the Ghana Broadcasting Corporation (GBC) and the closing down of A human trafficking bill has been drafted that will criminalize a radio station in Aflao. human trafficking and create an interagency task force to coordinate the government’s efforts to combat trafficking. The GBC Crisis Despite a National Stakeholders Workshop held in Accra in early April 2004 to discuss the legislation, the human Media organizations, journalists and opposition politicians trafficking bill, however, has not yet been introduced into protested the seeming high-handedness of the Board of Parliament. In January 2004, the Government claimed Directors of the GBC in interdicting four journalists and the that the Ministry of Women and Children and the Ministry station’s Director of Television over a story on efforts to of Manpower Development and Employment had set in find a strategic partner for the beleaguered Ghana Airways. place a process to ensure Parliament’s expedited The GBC journalists and Director were interdicted on consideration and enforcement of the bill. Given that we August 30 after the GTV Business News segment quoted a are in the last quarter of the year, whatever process the PANA (Pan African News Agency) report alleging that Government had in mind is sorely deficient. preliminary negotiations between Ghana Airways and Ghana International Airlines (“GIA”), a prospective strategic The delay in introducing the bill, moreover, is not a matter investor in the national airline, had stalled. The story was of opposition to the substance of the criminal law it retracted the following day in an update, which said that the proposes. It appears the delay is simply due to two sides had finally reached agreement for GIA to become bureaucratic wrangling. Since the decentralized the strategic partner in Ghana Airways. Continued on next column E Continued on page 6 E Democracy Watch Vol. 5, No. 2&3 September 2004 6 Following the interdiction, GBC management explained organizations rely on wire services to augment their news variously that the story was considered an embarrassment and while it may be justified to advocate crosschecking to the government, was unprofessional and irresponsible, facts, it is not always possible for journalists, who often and had tarnished the corporate image of GBC as a work to deadlines, to crosscheck wire service stories, credible national broadcaster. The Director General of unless there is reason to believe that the story is inaccurate. GBC, Ms. Eva Lokko, was quoted in press reports as PANA, the Pan African News Agency that was quoted in explaining that the interdiction of the five was a “purely the story, is generally considered a credible source of administrative measure taken to solve recurrent worrying information. Thus, punishing journalists so severely because lapses in GBC’s newsgathering operations” and that it had PANA got it wrong seems rather unfair, given the limitation been taken in consultation with the GBC Board of Directors. of resources in newsrooms across Ghana. And considering Both the National Media Commission (NMC), which that the very next day the GTV business desk retracted appoints the board and chief executives of media the story and provided an update, it is difficult to understand organizations, and the Ghana Journalists Association (GJA) why management still insisted on meting out such harsh registered public protest over the incident. The GJA issued punishment. It appears to go against the spirit of the a statement after meeting with Ms. Lokko in which they Constitution on freedom of the media, especially as the pointed out that the interdictions were “ill-timed” because journalists were interdicted before a committee was constituted they coincided with the political season. They also noted to determine if there was any wrongdoing on their part. the failure of GBC management to explain the circumstances leading to the action. During that meeting Ms. Lokko was “The fear “with embarrassing reported as saying that a committee had been set up to government” investigate whether or not the right procedures had been underscores the persistence of self followed in the broadcast of the news item. Shortly after censorship and reluctance of the state the brouhaha, the four journalists were recalled, but the media, to act as watchdogs Board directed that the Director of Television should remain over government, even in Ghana’s interdicted until further notice since he is deemed to bear constitutional democracy.” ultimate responsibility for whatever happens in the Television Division. GBC has suffered from a history of governmental repression and intimidation dating back to independence. In the past “Interdicting journalists for quoting from a the national broadcaster (as well as other counterpart state news agency or wire service story that may media) was used as a megaphone for the parochial interests have been erroneous amounts to overkill.” of whatever government was in power and as a weapon against opponents of Government. This unfortunate legacy A statement signed by the Board Chairman, Prof. Stephen has compromised the independence of GBC. While there Adei, also noted that the recalled journalists were to be is no overt sign that this is still the case, it has been difficult given warning letters and reassigned upon resumption of for GBC to shake off the perception that it does the bidding duty. The Board also expressed “grave concern” about of the government. As far as we can tell, however, the press releases issued by the GJA, the Minority Group in interdiction of the journalists was not done at the behest of Parliament, the Ministry of Information and the National the government. The GBC management ordered the Media Commission, and described as interference, the interdictions. Still, the perception is that the impetus behind intervention of the NMC in the matter. The latter had the action was to pander to the government, an impression ordered unequivocally that the five be reinstated. reinforced by management’s explanation that the story had “embarrassed Government.” A week after the Board’s statement, the NMC dissolved it and replaced it with a three-member interim board chaired That statement betrays confusion on the part of the GBC by Prof. Kwame Karikari. Media reports said that the management about the principle of insulation enshrined in GBC workers union had called for the dissolution of the the Constitution and for which reason the NMC, rather Board and the removal of the Director General. than government, now appoints the boards and chief executives of state media organizations. The fear of The GBC saga raises grave issues of media freedoms “embarrassing government” underscores the persistence versus responsibilities, as well as issues of corporate of self censorship and reluctance of the state media, to act governance. Most will agree the management in any as watchdogs over government, even in Ghana’s organization, including the media, has a right to set and constitutional democracy. In Ghana that watchdog role police standards. Nonetheless, interdicting journalists for seems to have been largely left to the private media by quoting from a news agency or wire service story that may default. It is not the responsibility of the media, even state have been erroneous amounts to overkill. News media, to shield government from embarrassment in a Continued on next columnE Continued on page 7E Democracy Watch Vol. 5, No. 2&3 September 2004 7 democracy. Indeed the adversarial notion of the role of The NMC’s actions also seem to belie its raison d’etre. It the press argues that it is proper for government to be was not set up simply to replace the government as a embarrassed from time to time, in order to keep it on its manipulator or interferer of the public media. It was set toes. The interdictions not only intimidates an already self- up to curb the very excesses of the government that it censoring state broadcasting corporation, but rather displayed in this instant. By its actions, the NMC seems to ironically serves as an embarrassment to an administration think that so long as it is independent of the government, it that prides itself on upholding media freedoms, and a is free to do whatever it wants. But doing what the government that has desperately sought to distance itself government used to do, which led to the latter being from the whole fiasco. removed from directly overseeing the public media, seems to stand the very existence of the NMC on its head. In the wake of the controversy over the interdictions and following the dissolution of the board, the former GBC Good corporate governance requires that Boards be given board chairman has accused the Media Commission of space to manage entities and should be dissolved only when disregarding sound corporate governance by seeking to there is a dereliction of their duties or when they fail to do interfere with the decision of GBC management to discipline what they were appointed to do. In this instance, the its employees. It said at best any advice from the NMC Board’s actions although harsh and arguably misconceived, was “only an advice to the board.” did not need to result in its dissolution. The NMC’s action in dissolving it simply echoed the Board’s own rush to The Constitution and other relevant laws (namely, the judgment. It is difficult to see how the treatment of the National Media Commission Act, and the Ghana Adei board would not have a chilling effect on the Broadcasting Corporation Decree), clearly delineate the independence of subsequent boards. various roles of the NMC and the GBC Board. The relationship between the Board of the GBC vis-à-vis the Aflao Radio Station Closed Down NMC is such that the latter appoints members of the former in consultation with the President. Although it presupposes In April, the National Communications Authority (NCA) that legally, the NMC can also dissolve the Board (in closed down Light FM, an Aflao-based radio station, for consultation with the President) , having appointed the non-payment of accrued licensing fees. Media reports said Board, good corporate governance requires that the NMC the shutdown was effected by police and officials of the should allow the Board to exercise its governing / overseeing NCA led by the NCA’s Director of Frequency functions without interference so long as they operate within Management. The station’s equipment was also seized. the parameters of their mandate. Thus the NMC’s public criticism of the Board’s interdiction The closure of the station was perceived by some as politically motivated. Light FM had been operating for “Attempting to overturn the interdiction only a few months before the shutdown. Some media decision of the GBC management, albeit reports said the station had been warned by the ruling unsuccessfully, and subsequently dismissing the political elite in the Ketu District to discontinue its Board may well constitute an unprogressive newspaper review program, which was considered intrusion over the professional functions unfavourable to government, or risk closure. Media of GBC’s management.” reports, however, also noted efforts being made by some prominent members of the community to raise money to of the workers and ordering it to re-instate them appears a settle the station’s indebtedness, thereby suggesting that knee-jerk pandering to public outcry and fatally undermined there may have been grounds to close down the station. the Board’s autonomy. Furthermore, dismissing the Board Be that as it may, the question remains whether this was a appears to have been an ill-conceived move and as much an overkill as was the Board’s interdiction of the workers. “The number of broadcast frequencies The NMC’s action appears contrary to Article 173 of the allocated by the NCA has more than Constitution, which stipulates that the “National Media doubled since the NPP administration took Commission shall not exercise any control or direction over office in 2000, but it is still not clear why the professional functions of a person engaged in the some media operators have recently production of newspapers or other means of received frequency allocations, when communication.” Attempting to overturn the interdiction others remain shut out after applying decision of the GBC management, albeit unsuccessfully, a long time ago.” and subsequently dismissing the Board may well constitute an unprogressive intrusion over the professional functions case of selective justice. The NCA should be aware that of GBC’s management. in the socio-political environment we live in, every action Continued on next column E Continued on page 8 E Democracy Watch Vol. 5, No. 2&3 September 2004 8 of the state would be seen in political terms. Due process is therefore critical if it is to inoculate itself Traditional leaders and against charges of selective enforcement. One way to development initiatives: avoiding ensure due process would be to put out public notices giving a pre-set time frame within which stations have the perils of chiefly freelancing to be in compliance, and also stating explicitly the Controversy was sparked recently within the national punishment for non-compliance. Subsequent action body politic when it was reported that Otumfuo Osei Tutu taken against those not who remain non-compliant II, the Asantehene, had successfully accessed from the should be taken across board, and not seemingly World Bank a facility under which the Bank will provide to randomly or selectively. the Asantehene or the Asanteman Council (or some such body under the aegis of the Otumfuo) funds for the The closure of Light FM also raises issues regarding implementation of certain development projects in certain transparency in the allocation of radio and television regions of the country, including the Ashanti Region. frequencies in the country. The NCA, which oversees Unfortunately, much of this controversy has taken place the allocation of broadcast frequencies, has approved without the benefit of full knowledge or information as to more than 21 television stations and more than 127 radio the exact facts and circumstances of this story. Indeed, as stations since the airwaves were officially liberalized in this publication goes to print, there has been as yet no official 1996, but not all the allocated frequencies are in release from the Government explaining many of the operation currently. The number of broadcast questions that have been raised about this new “Traditional frequencies allocated by the NCA has more than Authorities” financing facility with the World Bank. Among doubled since the NPP administration took office in the questions that have been asked are the following: 1. 2000, but it is still not clear why some media operators Are these funds loans or grants? 2. In either case, are they have recently received frequency allocations, when backed or secured by a sovereign guarantee of the others remain shut out after applying a long time ago. Government of Ghana; 3. Do disbursements under this facility count against the country’s “allotment” of financial The NCA has been accused of politicizing the process support from the Bank for a given period; 4. What are the of frequency allocation, a charge that predates the eligibility requirements and application process for traditional current administration. In an opinion piece carried in authorities interested in accessing the facility; 5. Why aren’t the Ghanaian Chronicle a few months ago, comedian such grants or loans subject to Article 181’s parliamentary and Chronicle columnist Kweku Sintim-Misa (KSM) approval requirement, etc. charged that he was a victim of blatant discrimination and politicisation of frequency allocation. According “In an ethnically and politically to KSM he applied for a frequency in September 1998 pluralistic society such as ours, where... and was granted a 97.3 MHZ, to operate in August everything is quickly... politicized, “means” are 1999. But two months later, when he tried to pay the every bit as prescribed non-refundable fee of 10 million cedis, he important as “ends.” began to encounter problems. He received a letter saying that the Ministry of Communication was While it is possible to dismiss some of the negative reaction undertaking a rationalisation of various frequency generated by this report as mere mischief-making by assignments and that he would be notified of his status political opportunists who cannot help but put an ethnic in due course. KSM notes that at the time it was close slant on every story, it would be short-sighted and a grave to the 2000 elections and he had been tagged as an mistake bordering on the irresponsible to condemn or NPP sympathizer. Soon after the elections the “freeze” disparage as rabble-rousers all those who might react was considered over and the frequency re-released to adversely to the Asantehene’s initiative. Ordinarily, it should him. But again he was stonewalled when he attempted not matter how or by whom funds are secured for to pay his licensing fee. The frequency originally development, as long as the funds and projects reach the allocated to him, 97.3 Mhz, has now been reassigned intended beneficiaries. However, in an ethnically and to another radio station. politically pluralistic society such as ours, where, unfortunately, everything is quickly (and often Accusations such as this make it imperative on the NCA opportunistically) politicized, “means” are every bit as to be now transparent about the manner in which it important as “ends.” A perfectly good idea or noble end conducts its business. ¶¶ may easily be tarnished by a failure to follow or adopt the right “means” toward its accomplishment. The case of the Asantehene’s recent arrangement with the World Bank is a good example of a presumably well-intentioned initiative Continued on next columnE Continued on page 9E Democracy Watch Vol. 5, No. 2&3 September 2004 9 that may well backfire because of acts of omission and believe, despite the national Government’s monopoly of commission on the part of Government. budgetary and executive authority, that Chiefs are, or must be, initiators or catalysts for the development of their local “If it is Government policy to create room areas, suggests that, at least in the minds of a great many for Chiefs to take developmental initiatives for Ghanaians, the institution of chieftaincy remains a relevant, the benefit of their peoples, then Government if underutilized, resource in our developmental efforts. It is must define in advance an appropriate policy in this regard that large numbers of Ghanaians have, in fact, and institutional framework within which this welcomed the recent emergence in various parts of the newly expanded role must take place.” country of a new generation of traditional leaders who seem “... for a government that would like to be seen as determined to leave a developmental mark on the lives and setting the tone and standards for the progress of The issue of finding an appropriate developmental role for living conditions of their people. democracy and good governance on the West our Traditional Leaders is indeed one that we, as a nation, African littoral, sending such a high-powered have avoided for far too long. Ironically, it was the British The problem, however, is one of process. Government delegation to the celebration of Eyadema’s coup colonialists who, having first subjugated chiefly authority, inaction can undermine otherwise noble initiatives by our sends worrying and conflicting signals” turned around and used that same indigenous institution as Traditional Leaders. Most Ghanaians will not object to a resource in the implementation of aspects of the colonial carving out an appropriate and meaningful role for Chiefs project. Postcolonial governments in Africa, however, have in the development of their traditional areas. Development, failed—or refused—to find a substantive role for chieftaincy however, requires resources and financing. Thus, if it is in national or local development, vacillating between hostility Government policy to create room for Chiefs to take toward the institution, on the one hand, and indifference, developmental initiatives for the benefit of their peoples, on the other. Only Botswana, it seems, has consciously then Government must define in advance an appropriate and consistently pursued a policy of integrating traditional policy and institutional framework within which this newly leaders into the structures of local governance and expanded role must take place. To provide no prior policy development. At the continental level, the African Union or institutional framework and, instead, leave our Chiefs and the Economic Commission for Africa have, to their essentially to “freelance” for project financing from credit, taken affirmative steps recently to bring to the multilateral institutions abroad on terms that are not attention of national governments the issue of finding a transparent is certainly not the way to proceed. Indeed, it meaningful role for Traditional Leaders in national or local is the surest way to kill otherwise noble initiatives by well- development. Perhaps it is time we too started our own meaning and progressive chiefs. national conversation on this important matter.

Forty-something years after independence, it is an “An appropriate governance uncontested fact that the postcolonial state commands and accountability regime might include, absolute sovereignty within its territorial boundaries. At for example, requiring traditional authorities to the same time, our traditional institutions and chiefs, despite incorporate special operating companies for the having lost their precolonial status, continue to command specific purpose of bidding on development the respect and customary allegiance of a large majority of project work or soliciting grants for the population. Curiously, even though the State has for such work.” many decades since independence assumed, by legislation, effective managerial control over stool/skin lands and stool/ skin land proceeds, for many people residing in the affected If Government believes it is time for us as a nation to rethink territories it is to the Chief that they continue for look for the role of chiefs in our local and regional development, it leadership or initiative in matters of development. In fact, must have the courage of its convictions to place this most one of the arguments commonly advanced in support of important issue on the national policy agenda for the nation the constitutional provision that prohibits chiefs from to weigh in on. From such a process, Government can participating in partisan politics is that openly taking sides then come out with an appropriate policy instrument, in partisan politics will undermine the chief’s normative role preferably in the form of legislation, to define the new roles as one who must unify and mobilize his people for it envisions for traditional leaders. If this new role includes development. Thus, it is not uncommon to hear a chief allowing Chiefs to seek grant financing for local development accused of ineffectiveness for failing to deliver or secure projects or permitting Traditional Authorities to serve as development to his area, even though the contemporary implementing agencies for local development programmes, Ghanaian chief has no budget or resources with which to the relevant policy instrument must spell out the ground finance such development. rules for this sort of engagement, including, most importantly, an effective governance and accountability regime to ensure The fact that large numbers of Ghanaians continue to that the grants so obtained are applied to the earmarked Continued on next column E Continued on page 10 E Democracy Watch Vol. 5, No. 2&3 September 2004 10 projects and properly accounted for. Any such policy fact that about 20 sitting MPs, including Ministers, have instrument must also explain exactly how these chiefly been among the primary casualties, there are clearly initiatives will fit into the existing local government demonstrable gains associated with this spate of incumbent- structure built around the district assembly and the DCE. defeats.

Enacting a new statutory governance and accountability As an initial matter, incumbent MPs falling like flies cannot regime for such chiefly initiatives is necessary, given the be an unmitigated good. If too many incumbents lose their doctrinal obstacles that customary law has historically seats, it will deprive Parliament of a number of experienced placed in the way of local citizens who may want to politicians, individuals well versed in Parliamentary affairs. hold chiefs judicially accountable for the use of certain funds. An appropriate governance and accountability Concomitant to that would be a loss or diminution of regime might include, for example, requiring traditional institutional memory, creating the likelihood that Parliament authorities to incorporate special operating companies would repeat many of its past mistakes. Old hands are for the specific purpose of bidding on development able to spot a crisis in the making from previous experience, project work or soliciting grants for such work. Such and so can nip potential problems in the bud. Too many an entity, which would be related to but separate from new faces, especially if they outnumber the experienced the traditional council, could be governed at its ones, would keep re-inventing the wheel on many issues. policymaking level by a board of trustees, composed of local citizens and Chiefs, while operational “Potential costs notwithstanding, management of the company is entrusted to a CEO the defeat of incumbents does represent accountable to the Board. The accounts of such entities clear gains for the democratic process.” would also be subject to periodic audit by independent auditors. This in turn would also deepen the weakness of the legislative branch relative to the Executive, and decrease If Government were to establish, with the cooperation the prospect of correcting the imbalance, further enhancing of the National and Regional Houses of Chiefs, such a Executive hegemony. New entrants into Parliament are governance and accountability regime for whatever new more likely to fall prey to direction from the Executive, developmental role it may contemplate for our Chiefs, unlike the old hands, especially those who have already initiatives such as the one recently undertaken by the established their names on a national level and so therefore Asantehene would likely be embraced by most well- might not need to kowtow to the executive for a political meaning Ghanaians. Other traditional leaders too can appointment and so arguably would be more independent then get in on the action in a more structured fashion. in their thinking / exercise of their Parliamentary duties. In the absence, however, of a prior policy framework authorizing such chiefly initiatives or specifying a Potential costs notwithstanding, the defeat of incumbents transparent and meaningful accountability regime, even does represent clear gains for the democratic process. The the most well-intentioned solo effort by a progressive first of these is that they signify vigorous political chief is bound to raise the ire of a large number of competition, which helps fight the tendency towards citizens. Given the politically polarized environment in perpetual incumbency in our political culture / system. It is which we seem to reside these days, where every issue a sign that the marketplace for ideas appears to be thriving. seems fair game for political manipulation, it is important The electorate, at least the delegates who pick the party’s for the Government to approach matters relating to choice to contest any given seat, are not simply jumping on Chieftaincy with the utmost sensitivity and forethought the bandwagon of incumbency but voting out those they so as not to send the wrong signals or else undermine feel are not performing their roles properly. the very goal it may be seeking to promote.¶¶ Furthermore, the defeat of such a noticeable even if not alarming number of incumbents also reduces complacency Defeat of incumbents in primaries on the part of the remaining incumbents. They cannot rest – democracy’s sting in the tail on whatever laurels got them elected in earlier elections – they have to answer the electorate’s (or delegates’) question of “what have you done for us lately?” They have to sit up There has been considerable alarm in the NPP and realize that if they do not deliver, they will be voted leadership circles and elsewhere at the loss by many out. incumbent MPs of their seats in the party’s primaries. From the furore one would think the very demise of The final gain is that the defeat of incumbents, especially democracy in Ghana is imminent. Notwithstanding the those who have been in Parliament for a very long time, Continued on next column E Continued on page 11E Democracy Watch Vol. 5, No. 2&3 September 2004 11 increases the prospects of the system to be infused with papers, not to mention vast other sums to actually campaign. new blood, new faces, and new ideas. This is vital to the Is a parliamentary seat a vanity trophy or an opportunity to process of political regeneration. become a statesman / woman? Is it a career path towards becoming a seasoned legislator or a career path to a There are, however, a number of slightly tangential issues ministerial position? Or, more cynically, is it seen as a that arise from the threat to incumbents. For each business investment to be recouped once the person gets incumbent that bit the dust, the first question that has to be to Parliament? answered is whether or not the defeat was the outcome of a clean, free and fair democratic process. Another question Another notable phenomenon is that which has seen a is whether or not the ground rules that produced the upset significant number of incumbents on the minority party were democratic and applied democratically, i.e., cleanly, voluntarily opting out of parliament while few on the NPP fairly and transparently applied. An equally important are doing likewise – indeed the latter seem hell-bent on question is whether the victory of the newcomer and the maintaining their seats even in the face of stiff intra-party defeat of the incumbent, was induced through vote buying, opposition, leading to a number of court cases in which appeals to ethnicity, religion and other divisive elements in new aspirants allege fraud in maintaining NPP-incumbents. society. Reports emerging from some of the hotly-contested Is it because being an MP from the ruling party, NPP primaries present a disturbing picture of candidates constitutionally guaranteed ministerial sinecures aside, inures being camped, allegations of bribery, improper pressures additional benefits that those on the opposition side do not being placed on the delegates to choose one candidate get? What would some of such benefits be and how are over another, as well as party executives and election they being allocated? And are the overall structure of officials showing open bias in favour of some candidates. incentives including remuneration and other conditions of service attractive enough to ensure the commitment of MPs Results of the above process indicators aside, there are to a legislatuve career? other institutional issues to consider. These are systemic issues stemming from the tensions and contradictions All in all, however, although a bit worrying to some, the inherent in the Ghanaian political structure and, indeed, the present development has not reached crisis proportions. 1992 Constitution and other laws under which MPs It is true that some of the withdrawals on the NDC side operate. are a bit worrisome because they involve some fine lawmakers. But the upsets on the NPP side have not been The first is whether or not MPs are considered or consider too many. The system remains poised to achieve a themselves as mainly national legislators or as agents for workable balance of freshmen and elder statesmen in constituency level development and even why it is or should Parliament, which is what democracy is all about.¶¶ be one over the other. Is the MP relevant to the development process in his or her constituency? What developmental role is the MP supposed to play and with NRC UPDATE what resources? These questions are important because their answers would go a long way to explain why so many incumbents are under threat. Are the views of the politicians Ghana’s national reconciliation on what their role is / should be at variance with those of the delegates / electorate? One dares to say that as far as and its final phases the electorate is concerned, the MP’s primary role is to aid the development of the area, and whether or not that MP It has been over two years since Ghana’s National is a good legislator is secondary. Thus, where the incumbent Reconciliation Commission began its work. Although the by virtue of being a great legislature aids the nation as a public hearings have been concluded, it will be a while whole, but is seen as weak on the development of his before the nation arrives at any true semblance of “national constituency, his or her constituents simply vote for someone reconciliation.” else who appears more likely to aid the development of the area. The last few months of the Commission’s sittings were hectic, epitomized by the uproar surrounding the Another issue is the motivation for people to contest for appearance of Captain Kojo Tsikata (Rtd), and former parliamentary seats when those already in parliament President Jerry John Rawlings. complain, justifiably, of being underpaid, under-resourced and under-appreciated. The NPP primaries are expensive There had been a lot of debate about whether or not to contest, and people must have very strong reasons for Captain Kojo Tsikata and former President Rawlings spending 11 million cedis simply to file their nomination would be called to appear, and if invited, whether they Continued on next columnE Continued on page 12E Democracy Watch Vol. 5, No. 2&3 September 2004 12 would appear, and that if they did indeed appear, what subtle reluctance to hold hearings at Ho, in the Volta the effect of such appearances would be. Eventually Region since its zonal partner Accra had a fair share of they were both invited and they both appeared, even if the hearings. These additional hearings were, however, somewhat anti-climactically. Their presence at the substantively and symbolically important for the Commission confirmed, at least symbolically, that the legitimacy of the NRC. rule of law is becoming a reality in Ghana. Although it is true that murder of the three judges, and Notwithstanding the fact that prior to his appearance, it the 129 people who disappeared from the Nsawam was specifically stated that Rawlings was only going to prison remain unresolved, the NRC has had some heart- be questioned “in relation to the video and audio tape warming developments. For example, on Thursday April on the executions of Amartey Kwei and Lance Corporal 29, 2004, the remains of eight people, Godwin Mawuli Sarkodie Addo respectively”, there was nonetheless a Dra Goka, Yaw Brefo-Berko, Kyeremeh Djan, Samuel public outcry over what seemed to some to be a “no- Boamah Panyin, Samuel Charles Aforo, George Badame show.” However, by sticking to its guns and with doing Doog and Braimah Kankani, executed in 1986 for what the rules required the NRC showed that it indeed treason, were handed over to their families for proper thrives on procedure. Considering that out of the 4211 burial. It was an act important for closure to what had petitions before the NRC only 13 concerned the former been a heartrending saga for the families involved. President, and he had responded to others in writing already, his short visit to the Commission should not have been so surprising. “It is important, however, to remind ourselves that the completion of its sittings The visit of Captain Kojo Tsikata (Rtd) highlighted a and the preparation of the final report is negative side of the Commission’s hearings – its not the end of the commission’s work.” sometimes overly legalistic and adversarial tenor. Some of the cross-examinations by the Commissioners and the witnesses, some of whom appeared to have legal It is important, however, to remind ourselves that the background themselves, seemed to relapse into one- completion of its sittings and the preparation of the final upmanship to show who could sound the most lawyerly report is not the end of the commission’s work. It rather and obtuse. The parties seemed more interested in only paves the way for the next major step; that of proving their personal knowledge of the law than in deciding the critical matter of reparations. Expectations arriving at the facts in dispute. for restoration, restitution and compensation are understandably high among victims and sympathizers of The Executive Secretary of the NRC, Dr. Ken Attafuah, victims of part human rights abuses. The NRC Act, Act has had to on occasion elaborate on procedural issues 611 makes provision for the National Reconciliation at the Commission, answering questions on subpoenas, Commission to make recommendations on reparations. and how high profile witnesses might be treated. At the However, resources for implementing the Commission’s end of the day, the rule of law as upheld by the recommendations and undertaking institutional reforms Commission was applied successfully. to prevent a reoccurrence are likely to be difficult to marshal. Again, as with the hearings segment of the The usefulness of the Commission’s work was Commission’s work, civil society should be given a role underscored by Captain Kojo Tsikata when he stated in the determination of whether of not reparations are himself that “I believe that the Commission will due, and how such reparations are to be made. The acknowledge that human rights abuses occurred under engagement of civil society in the process would go a colonial rule, and have occurred under all of the regimes long way in arriving at a consensus on what could be a that have ruled this country since independence”. He very contentious issue. further went on to assert that, as a survivor of human rights abuses himself it is commendable that he is still Above all, it remains to be seen whether the Kufuor alive today to tell his story. administration can transcend the bad habit of past administrations, and resist the temptation to doctor the The extension in time granted the NRC was in good Commission’s report to highlight abuses by its political faith as it still had a lot of work to do before wrapping and ideological opponents, cover up offences up. The decision it took to have public hearings in the committees by its political allies, selectively reward its Volta, Upper West, Upper East and Northern regions friends, and punish its enemies. It also remains to be was also laudable considering that these regions had not seen whether the Kufuor administration can resist the had as much attention as others. Initially there was a temptation to release the Commission’s report in the heat Continued on next columnE Continued on page 13 E Democracy Watch Vol. 5, No. 2&3 September 2004 13 of the campaign for the December 2004 polls and CDD-GHANA DEMOCRACY thereby expose the report to partisan political bickering, PROGRAMS FOR THE 2nd AND 3rd which will severely compromise its integrity and QUARTER OF 2004 prospects for meaningful institutional reforms as well as the institutionalisation of a culture of human rights in Ghana. April 1 Finally, is also very important that the record of the Prof E. Gyimah-Boadi, Executive Director, CDD Commission’s work is housed in a manner easily accessible released the Global AFROBAROMETER Report titled to all, so that it can be referred to in the future as a useful Afrobarometer Round 2: Compendium of Comparative Results From a 16-Country Survey, at the Accra commentary and commemoration of our difficult past. This International Press Centre. The Report details a repository of our history should be an important guidepost comparative series of national public attitude surveys on the path towards true reconciliation.¶¶ on democracy, markets, and civil society in Africa. Countries included in the survey are: Botswana, Cape Verde, Ghana, Kenya, Lesotho, Malawi, Mali, Mozambique, Namibia, Nigeria, Senegal, South Africa, Tanzania, Uganda, Zambia, and Zimbabwe. CDD-GHANA

CURRENT PUBLICATIONS ¢ ¡ ¢ ¡ ¢ ¢ ¡ ¢ £ ¡ £ £ ¡ £ ¡ £ £ ¡ £ ¡ £ £ ¡ £ ¡ £ £ ¡ £ ¡ £

April 15-17 RESEACH PAPERS As part of the continuous CDD/Civil Society Coalition No. 12: Police-Community Relations in Emerging support activities to the ongoing national reconciliation Democracy exercise, the Center organized the last in a series of No. 11: The Growth of Democracy in Ghana No. 10: National Reconciliation in Ghana public education and victims’ mobilization forums in No. 9: Civil Military Relations in Ghana three districts in the Upper West Region. The districts were Lawra, Tumu, and Wa. The fora seek to educate CRITICAL PERSPECTIVES the general public on the objectives and work of the No. 16: The Public Officer as a Fiduciary and the Law on Causing Financial Loss to the Ghanaian State by NRC and also take statements of potential victims H. Kwasi Prempeh and Stephen Kwaku Asare and witnesses. Resource persons during the fora No. 15: The Executive-Legislature Relationship Under were drawn from the public affairs and support and the 1992 Constitution: A Critical Review by H. Kwasi counseling units of the NRC as well as members of Prempeh the CDD/Civil Society Coalition on National No. 14: The Subsidiary Legislation Process in Ghana: Review and Recommendations for Reform by Kim Reconciliation. The fora were under the support of Staton Open Society Initiative for West Africa (OSIWA), No. 13: Towards Effective and Accountable Local National Governance Programme (NGP)/UNDP, and Government in Ghana by Joseph R.A. Ayee IBIS BRIEFING PAPERS Vol. 6 No. 4: Ensuring a Violence-Free December ¡ ¢ ¢ ¡ ¢ ¡ ¢ ¢ £ £ ¡ £ ¡ £ £ ¡ £ ¡ £ £ ¡ £ ¡ £ £ ¡ £ ¡ £ £ ¡ 2004 Elections in Ghana: Early Warning Facilities by E. Gyimah-Boadi April 27 Vol. 6 No. 3: Non-Custodial Sentencing and its Rel- CDD organized a forum on enhancing civil-military evance in the Justice System by Sandra Cofie Vol 6 No. 2: Reflections on Education and Democracy relations in Ghana’s fourth republic at Burma Camp by E. Gyimah-Boadi for the military personnel and their civilian Vol. 6 No. 1: Liberty ‘Versus’ Security: Protecting counterparts. The forum was part of CDD’s ongoing Human Rights and Public Safety in a Democracy by H. Civil-Military relations program under the National Kwasi Prempeh Governance Programme (NGP)/UNDP support. CONFERENCE PROCEEDINGS Topics covered included: Civil-Military Relations in a Police-Community Relations in Ghana Constitutional Democracy; Human Rights in Civil- Democratizing Subsidiary Legislation in Ghana Military Relations; and Civil-Military Relations: The Capacity Building for the Leadership of Parliament Military Perspective. Resource persons for the forum Sanitation in the City of Accra were: Dr. Baffour Agyeman-Duah (CDD-Ghana), Mr. DEMOCRACY WATCH Yonny Kulendi, a legal practioner, Mr. Mahama Ayariga Vol. 5 No. 1: Democracy Watch 15 (Legal Resources Center) and Col. Anane Brobbey Vol. 4 No. 3 & 4: Democracy Watch 14 of the Legal Directorate of the Ghana Armed Forces. Vol. 4 No. 2: Democracy Watch 13 Approximately 200 participants attended. CDD/Civil Vol. 4 No. 1: Democracy Watch 12 Society Coalition on National Reconciliation (NRC) support activities During the period, the CDD/Civil Continued on page 14E Democracy Watch Vol. 5, No. 2&3 September 2004 14 Society Coalition On National Reconciliation continued May 24-25 with its support activities for the national reconciliation CDD organized a one-day orientation workshop for exercise. The Coalition met at the plenary and sub- twelve (12) civil society actors to train them on pre- committee levels to discuss the work of the NRC and election monitoring. The workshop took place at the the Coalition’s own activities. In April the Coalition made Center’s Conference room to prepare the actors for an official presentation of research document on pre-election monitoring of the 2004 Election. The pre- options for a reparation policy paper to the members election monitoring is part of the overall CDD/CODEO of the NRC for its consideration. The research into II Election 2004 Monitoring and Observation exercise. options for reparations was undertaken under the The twelve monitors were drawn from all the ten regions auspices of the CDD/Civil Society Coalition, in of Ghana. The training workshop was under the support collaboration with its international technical partners of Friedrich Naumann Foundation (FNF). the International Center for Transitional Justice (ICTJ).

The reparation project was co-sponsored by ICTJ and ¤¡¤¢¤¡¤¢¤¢¤¡¤¢¤¡¤¡¤£¤¡¤£¤£¤¡¤£¤¡¤£¤£¤¡¤£¤¡¤£¤£¤¡¤£¤¡¤£¤£¤¡¤£¤¡¤ CDD. May 27

¤¡¤¢¤¢¤¡¤¢¤¡¤¢¤¢¤£¤£¤¡¤£¤¡¤£¤£¤¡¤£¤¡¤£¤£¤¡¤£¤¡¤£¤£¤¡¤£¤¡¤£¤£¤¡¤ The second in the series of civil-military relations forum took place at Tema Municipal Assembly hall. The one- May 13-14 day forum on enhancing civil-military relations in In collaboration with The Commission for Human Ghana’s fourth republic drew about 150 participants Rights and Administrative Justice (CHRAJ), a workshop from the Ghana Armed Forces and relevant civil society involving all Regional Directors of CHRAJ and other bodies in and around Tema community. Resource relevant stakeholders was held to discuss non- persons for the forum were: Dr. Baffour Agyeman- custodial sentencing in Ghana’s Criminal Justice Duah (CDD-Ghana), Mr. Yonny Kulendi, a legal System. Among the resource people were: Mrs. Sandra practitioner, Mr. Mahama Ayariga of the Legal Cofie (CDD Affiliate Consultant), Ms. Anna Bossman, Resources Center, and Col. Anane Brobbey of the (Acting Commissioner CHRAJ), Mr. Yonny Kulendi, Legal Directorate of the Ghana Armed Forces. Col. legal practitioner, Nii Osah Mills (Vice-President, GBA), Allotey of the Ghana Armed Forces Legal Directorate Mrs. Margaret Kutsiatsi (Department of Social Welfare), chaired the forum. The forum was under the support Mrs. Anita Ababio, (Ghana Law Reform Commission), of the National Governance Programme (NGP)/UNDP Ms. Mamattah, (Office of the Director of Public

Prosecutions), Lilian Nyampong, (CHRAJ), Mr. Richard ¤¢¤¡¤¢¤¢¤¡¤¢¤¡¤¢¤£¤¡¤£¤¡¤£¤£¤¡¤£¤¡¤£¤£¤¡¤£¤¡¤£¤£¤¡¤£¤¡¤£¤£¤¡¤£¤ Kuuire (Director of Special Services), Dr. Bondzie Simpson (CHRAJ), Mr. Elvis Sadongo, (WAJU). The May Workshop was opened by the Deputy Minister for CDD began an exercise to review the educational Employment and Manpower, Dr. Angela Ofori-Atta, and curriculum of the Ghana Armed Forces with the was chaired by Justice VCRAC Crabbe. objective of incorporating more human rights and democracy education in the content. The exercise is

¤¢¤¡¤¢¤¡¤¢¤¢¤¡¤¢¤£¤¡¤£¤£¤¡¤£¤¡¤£¤£¤¡¤£¤¡¤£¤£¤¡¤£¤¡¤£¤£¤¡¤£¤¡¤£¤ being done in collaboration with the Armed Forces Educational Directorate with support from the National May 18 Governance Programme (NGP)/UNDP. A four-member To generate public interest and debate on the subject expert in civil-military relations has been set up under of political party financing in Ghana, CDD formed a the auspices of the Center to assist in the review coalition of key civil society organizations and opinion exercise. leaders to advise the Center on its project on political party financing in Ghana, which began in March 2004. ¤¢¤¡¤¢¤¢¤¡¤¢¤¡¤¢¤£¤¡¤£¤¡¤£¤£¤¡¤£¤¡¤£¤£¤¡¤£¤¡¤£¤£¤¡¤£¤¡¤£¤£¤¡¤£¤ The maiden meeting for the Coalition took place on May 18 and brought together about twenty-five (25) May organizations together. The meeting was held to A pilot study was conducted for a research and formally structure the Coalition and bring to bear views dialogue project on the functioning and regulation of and opinions from civil society on the subject of political political parties in Ghana. This is part of a global project party financing in Ghana. The chair for the Coalition is on the subject being undertaken by the Swedish based Mr. K.B. Asante, retired educationist, former diplomat International IDEA. This project aims to learn from and public servant. The other component of the project different experiences in political party systems about is a nation-wide opinion survey on political party the factors, both external and internal to the party financing. The project in Ghana is one of the four pilot organization, which allow for the successful project under the support of US based National development of parties as key components in Democratic Institute (NDI) on African Political Party democracy. The global project is under the funding of Financing Initiative. International IDEA. Continued on next columnE Continued on page 15E Democracy Watch Vol. 5, No. 2&3 September 2004 15

May June 1 The Center concluded the first phase of the study on CDD began monitoring the pre-election environment the Drivers of Change project with a presentation of with the deployment of twelve (12) monitors in 12 the findings of the study. The Drivers of Change analysis constituencies throughout Ghana. The exercise, to be involves adopting a historically informed, and less conducted for 6 months, seeks to monitor the electoral technocratic approach, to aid policy and decision- scene with a view to ensuring free and fair elections. making. The project was undertaken by the Center in Constituencies being monitored include: Tamale collaboration with the Overseas Development Institute Central, Dadekotokpon, Sunyani East, Koforidua, (ODI) with funding from UK DfID. Takoradi, Agona East, Wa Central, Ho Central, Asokwa East, Ablekuma North, Ashiaman and China Paga. The ¥¡¥¢¥¢¥¡¥¢¥¡¥¢¥¢¥£¥£¥¡¥£¥¡¥£¥£¥¡¥£¥¡¥£¥£¥¡¥£¥¡¥£¥£¥¡¥£¥¡¥£¥£¥¡¥ pre-election monitoring exercise is under the support of the Friedrich Naumann Foundation (FNF) May/June

As part of CDD’s project on political party financing in ¥¢¥¡¥¢¥¡¥¢¥¢¥¡¥¢¥£¥¡¥£¥£¥¡¥£¥¡¥£¥£¥¡¥£¥¡¥£¥£¥¡¥£¥¡¥£¥£¥¡¥£¥¡¥£¥ Ghana, a nationwide opinion survey was carried out to seek opinions on the subject of political party financing, June 15 with the objective of formulating appropriate policy on A maiden meeting to revive the Coalition of Domestic party financing in Ghana. The research was conducted Election Observers (CODEO) II took place at the CDD in both mass survey and elite interviews. It sampled Conference hall. The meeting brought together opinions of 600 Ghanaian households respondents and members of CODEO I (2000 elections), and new 100 elite interviewees. The research was under the members, to discuss the revival of CODEO II. About support of National Democratic Institute (NDI). 25 organizations attended this first meeting. The revival of CODEO II is under the support of the

¥¡¥¢¥¡¥¢¥¢¥¡¥¢¥¡¥¡¥£¥¡¥£¥£¥¡¥£¥¡¥£¥£¥¡¥£¥¡¥£¥£¥¡¥£¥¡¥£¥£¥¡¥£¥¡¥ Friedrich Naumann Foundation (FNF)

May/June ¥¡¥¢¥¢¥¡¥¢¥¡¥¢¥¢¥£¥£¥¡¥£¥¡¥£¥£¥¡¥£¥¡¥£¥£¥¡¥£¥¡¥£¥£¥¡¥£¥¡¥£¥£¥¡¥ The Center was selected by the Ghana Governing Council of the NEPAD African Peer Review Mechanism June 21 (APRM) Secretariat as one of the four institutions to CDD participated in Parliament’s 17th Speakers undertake the APRM country self-assessment. CDD Breakfast Forum on the topic: The 1992 Constitution: is responsible for assessing the democracy and good the Case for its Review. The speaker for the occasion political governance component of the over all was the CDD’s Director of Legal Policy and assessment. The Center began the exercise with a Governance, Prof. Kwasi Prempeh. Participants were series of meetings with the Ghana Governing council drawn from among members of parliament, judiciary, and other technical teams to develop the concept and academia and civil society organizations as well as methodology for the assessment and also reviewed the media. The Speaker of Parliament, Rt. Hon. Peter the instruments for desk research, elite interviews, and Ala Adjetey chaired the forum. household surveys to be used for the assessment. The

exercise is supported by the NEPAD Secretariat ¥¡¥¢¥¢¥¡¥¢¥¡¥¢¥£¥¡¥£¥¡¥£¥£¥¡¥£¥¡¥£¥£¥¡¥£¥¡¥£¥£¥¡¥£¥¡¥£¥£¥¡¥£¥¡¥

¥¡¥¢¥¡¥¢¥¢¥¡¥¢¥¡¥¡¥£¥¡¥£¥£¥¡¥£¥¡¥£¥£¥¡¥£¥¡¥£¥£¥¡¥£¥¡¥£¥£¥¡¥£¥¡¥ June CDD started a project to review the SFO Act with a June 1 view to reforming the corporate governance structure CDD collaborated with the Council of State to hold a of the office, and thereby strengthening its anti- day’s consultative seminar on facilitating peaceful corruption mandate for its effectiveness. A team of elections in December 2004. The seminar brought reviewers has been put in place to begin the review, together key stakeholders, including the political parties, identify gaps, and make recommendations for the the Electoral Commission, the National Commission reform of the Act. The SFO reform project is supported on Civic Commission (NCCE) and the Media by the German Technical Cooperation (GTZ). Commission. About 100 participants attended. Prof.

E. Gyimah-Boadi, CDD’s Executive Director gave a ¥¡¥¢¥¢¥¡¥¢¥¡¥¢¥¢¥£¥£¥¡¥£¥¡¥£¥£¥¡¥£¥¡¥£¥£¥¡¥£¥¡¥£¥£¥¡¥£¥¡¥£¥£¥¡¥ presentation on the context of the seminar. The program was sponsored by the National Governance July 15 Programme (NGP)/UNDP The Center hosted a roundtable discussion on the topic “Property Rights, the Public Interest, and the Legal Regime for Acquisition and Transfer of Public Lands in Ghana: Regulating the State’s Eminent Domain Power in a liberal Democratic Era”. The lead presenter Continued on next column E Continued on page 16 E Democracy Watch Vol. 5, No. 2&3 September 2004 16 was Prof. H. K. Prempeh, Law Professor at Seton Hall, Director of the Center, led a roundtable discussion on New Jersey, USA and CDD’s Director of Governance “Deepening Decentralization in Ghana: Towards and Legal Policy. It was chaired by Ms. Anna Bossman, Accountable Local Government”. Hon. Kwadwo Adjei- Acting Commissioner of the Commission on Human Darko, Minister of Local Government and Rural Rights and Administrative Justice (CHRAJ). Development chaired the discussion, which attracted Participants represented the Executive, government seventy-four (74) participants from the Ministries of land agencies, chieftaincy institution, real estate Local Government and Rural Development, and developers, private sector, the donor community, Finance and Economic Planning, various decentralized CHRAJ, Parliamentary Select Committee on Lands departments and agencies, Metropolitan and District and Forestry, legal practitioners, and other stakeholders. Assemblies, donor community, legislature, media as

Sixty-five participants attended the discussion. well as from Academia.

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July 22 August 14 & 15 As part of its programs to promote dialogue and create The Center collaborated with the Sweden based platforms on issues related to democratic and International IDEA to undertake a project on ‘Electoral economic development of Ghana, CDD organized a System in West Africa’. A training workshop for five (5) roundtable discussion on the topic “Will Ghana Become researchers to conduct research on electoral system a Middle-Income Country? The Politics of Growth”. The in five (5) West African sub-region-Ghana, Nigeria, discussion took place at the Conference room of the Liberia, Sierra Leone and the Gambia- took place at Center. The discussion was led by Prof. Peter Lewis, the Center’s Conference room. The resource person a visiting scholar from the School of International for the training workshop was Ms. Virginia Beramendi- Service, American University, Washington DC, USA. Heini, project manager from International IDEA. She It was chaired by Prof. Cletus Dordunoo, Chief was assisted by the Center’s research staff. Executive Officer, ClayDord Consult. The discussion attracted fifty-six (56) participants from relevant ¦¢¦¢¦¡¦¢¦¡¦¢¦¢¦¡¦¡¦£¦£¦¡¦£¦¡¦£¦£¦¡¦£¦¡¦£¦£¦¡¦£¦¡¦£¦£¦¡¦£¦¡¦£¦£¦ Ministries, leading economic institutions, donor agencies, Parliament, academia, civil society and the July-August media. The Center hosted ten (10) students from the American University, USA for a study abroad program for six

¦¢¦¡¦¢¦¢¦¡¦¢¦¡¦¢¦£¦¡¦£¦¡¦£¦£¦¡¦£¦¡¦£¦£¦¡¦£¦¡¦£¦£¦¡¦£¦¡¦£¦£¦¡¦£¦ weeks during the period. The purpose of the visit was for an educational and cultural exchange program on July 20-22 politics and development in West Africa. The program The Center collaborated with the International Center included series of lectures on the overview of the for Transitional Justice (ICTJ) to hold a three-day Ghanaian economy, social and political situation, workshop on “Options for Reparation Policy” for the highlighting outstanding issues in national development members of the National Reconciliation Commission. and an internship component, which placed the The workshop discussion centered on a research students with local organizations, such as the Kofi report that the Center, under the auspices of the Civil Annan International Peace Training Center (KAIPC). Society Coalition on National Reconciliation, conducted jointly with ICTJ. The workshop took place at Volta ¦¡¦¢¦¡¦¢¦¢¦¡¦¢¦¡¦¡¦£¦¡¦£¦£¦¡¦£¦¡¦£¦£¦¡¦£¦¡¦£¦£¦¡¦£¦¡¦£¦£¦¡¦£¦¡¦ Hotel, Akosombo. Resource persons for the workshop September 3 included Dr. Vasuki Nesiah and Ms. Lisa Magarell, all As part of the ongoing pre-election monitoring exercise from the ICTJ, Prof. Kofi Quarshigah of the Faculty of of the December 2004 elections, the Center released Law, University of Ghana, Rev. Dr. A.A. Akrong of the the first of its monthly reports of the monitoring. The Institute of African Studies, University of Ghana and Nii release, in the form of media briefing, contained analysis Osah Mills of the Ghana Bar Association. Twenty-four of weekly reports from twelve constituencies monitored (24) participants attended the workshop. Participants from June to August. Dr. Audrey Gadzekpo from the were drawn mainly from the nine members of the School of Communication Studies, Legon presented Commission and other supporting staff. The workshop the report findings. Dr. Baffour Agyeman-Duah, was jointly sponsored by CDD and ICTJ. Associate Executive Director of CDD, gave an overview of the pre-election project. Justice VCRAC Crabbe, co- ¦¢¦¡¦¢¦¡¦¢¦¢¦¡¦¢¦£¦¡¦£¦£¦¡¦£¦¡¦£¦£¦¡¦£¦¡¦£¦£¦¡¦£¦¡¦£¦£¦¡¦£¦¡¦£¦ Chair of the Coalition of Domestic Election Observers (CODEO), chaired the briefing session. The monitoring August 6 of the twelve constituencies was sponsored by the Dr. Baffour Agyeman-Duah, Associate Executive Friedrich Nuamann Foundation (FNF) Continued on next column E Continued on page 17 E Democracy Watch Vol. 5, No. 2&3 September 2004 17

September 4&5 were: Dr. Baffour Agyeman-Duah of CDD, Mr. Yonny With funding from USAID, CDD organized a training Kulendi, a legal practitioner, Col. Anane Brobbey of the workshop in Accra for additional thirty-eight pre-election Legal Directorate of the Ghana Armed Forces and Lt. monitors to beef up the numbers of the pre-election Col. Comfort Ankoma-Danso, also from the Ghana monitoring exercise. The monitoring exercise is part Armed Forces. The Chairman for the occasion was of CODEO’s Election 2004 over all programs. Mr. Edward Nti Bedzra, the NCCE Metropolitan Director Resource persons for the training were: Dr. Audrey of Kumasi. Approximately 200 participants attended. Gadzekpo from the School of Communication Studies, The forum was sponsored by the National Governance Legon, Mr. David Adeenze Kangah, Deputy Chairman, Programme (NGP) and the UNDP. Electoral Commission, and Ms. Sena Gabianu,

member of CODEO. Dr. Kwesi Appiah, Executive §¡§¢§¢§¡§¢§¡§¢§¢§£§£§¡§£§¡§£§£§¡§£§¡§£§£§¡§£§¡§£§£§¡§£§¡§£§£§¡§ Director of Civic Foundation and a member of the advisory board of CODEO gave the opening remark. September 16 The Center launched its project on monitoring abuse §¢§¡§¢§¡§¢§¢§¡§¢§£§¡§£§£§¡§£§¡§£§£§¡§£§¡§£§£§¡§£§¡§£§£§¡§£§¡§£§ of incumbency during the December 2004 elections with a training workshop for fifty(50) monitors. The September 7 & 9 training workshop took place in Accra. Resource The Center conducted two briefing sessions on a persons were: Alhaji Abdulai Mohammed of the Serious nation-wide survey on political party financing. The Fraud Office (SFO) and Ms. Abena Manful, Accra sessions were conducted to brief the donor community based legal practitioner. Prof. E. Gyimah-Boadi, and the public through the media on the findings of the Executive Director of CDD, delivered the opening survey. The survey sampled an elite opinion of 90 remarks. The chairman for the occasion was respondents and 600 ordinary citizens. The survey Ambassador Benjamin Goodwyl, a member of a civil formed part of a project on political party finance society advisory group for the project. The project of initiative, commissioned by the National Democratic monitoring abuse of incumbency is under the support Institute with support from DfID, London. of the Westminster Foundation for Democracy (WFD).

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September 8-22 As part of the project on political party financing in Ghana, the Center conducted civil society fora in five selected regions of the country-the Upper East, the Upper West, Ashanti, Volta and Western regions. The “A disciplined society is fora sought to discuss issues affecting political party financing in Ghana and to increase and expand pubic one in which the rule debate on the subject by way of civil society inputs. of law is not a Each of the fora attracted participants from non- governmental organizations, religious bodies, mere slogan” traditional authorities, representatives of political parties and media. An average of forty (40) participants E. Gyimah-Boadi attended each fora. Among the resource persons who facilitated the discussions in the fora included Nii Osah Mills, Vice President of the Ghana Bar Association. The fora were sponsored by the Washington-based National Democratic Institute (NDI)

§¡§¢§¡§¢§¢§¡§¢§¡§¡§£§¡§£§£§¡§£§¡§£§£§¡§£§¡§£§£§¡§£§¡§£§£§¡§£§¡§ Kds tr `kk dmrtqd sg`s September 10 Dkdbshnm 1//3 The third and the final in the series of civil-military fora being organized by the Center took place in Kumasi. hr od`bdetk The forum on the topic “Enhancing Civil-Military Relations in Ghana’s Fourth Republic brought together `mc military personnel and their civilian counterparts in and around Kumasi to interact and seek better ways of uhnkdmbd,eqdd improving relations. Resource persons for the forum

Continued on next column E Democracy Watch Vol. 5, No. 2&3 September 2004 18

The Ghana Center for Democratic Development (CDD-Ghana) 95 Nortei Ababio Loop, North Airport Residential Area P.O. Box 404, Legon Accra-GHANA

Phone: 233-21 776142/ 763029/ 784293 - 4 Fax: 233 21 763028 e-mail: [email protected] The Ghana Center for Democratic Development, CDD-Ghana is Website:www.cddghana.org an independent, nonpartisan and nonprofit organization based in Accra, Ghana. It is dedicated to the promotion of democracy, good governance and the development of a liberal economic environment in Ghana in particular and in Africa in general. In so CDD-Ghana Publications doing, CDD-Ghana seeks to foster the ideals of society and government based on the rule of law and integrity in public administration.

¢ Briefing Paper Vol. 1 Nos 1- 4 ¢ Briefing Paper Vol. 2 Nos 1- 4 ¢ Briefing Paper Vol. 3 Nos 1- 4 ¢ Briefing Paper Vol. 4 Nos 1- 4 ¢ Briefing Paper Vol. 5 Nos 1- 4 ¢ Critical Perspectives Nos 1- 16 ¢ Research Papers Nos.1- 12 ¢ Conference Proceedings