Democracy Watch Vol. 6, No. 1 March 2005 1

A Quarterly Newsletter of the Ghana Center for Democratic Development 19 %DLNBQ@BX 8@SBG Volume 6, No. 1 March 2005 IN THE ANNALS OF DEMOCRACY

ISSN: 0855-417X probity and ethics in high office. Public petitions and Additionally, it suggests that a growing ‘harrowing revelations’ number of Ghanaians have come to the In this issue before Appointments realization that merely winning a seat in Committee fail to stop Parliament does not make one suitable Public petitions...fail to stop ministerial nominations E for appointment as Minister. Although ministerial nominations MPs and Ministers must meet the same he 2005 Ministerial Vetting ...... Page 1 T minimum eligibility requirements E The Ghanaian government and process has highlighted fundamental stipulated in the Constitution, Ministers Togo: realpolitik or betrayal of procedural and institutional carry far greater responsibility than democratic principles weaknesses in our democratic MPs. Notably, Ministers have budget ...... Page 4 infrastructure. The vote by authority and are, by virtue of that, Appointments Committee’s to directly responsible for the use and E The Domestic Violence Bill must recommend for approval by control of public funds and resources. be tabled and passed this year Parliament, and Parliament’s This places them in an entirely different ...... Page 5 subsequent approval of, the entire first category from MPs. It is therefore batch of ministerial nominees despite E Of women and ministerial appropriate for Ghanaians to insist on appointments ...... Page 6 the failure of certain nominees to a higher standard of probity and integrity answer satisfactorily a number of for persons appointed to Ministerial E Delayed publication of NRC disturbing questions raised about their office. report: worrisome implications suitability for high office has ...... Page 9 understandably disappointed many Secondly, the fact that some of the public E People’s Assembly: publicity stunt Ghanaians. Still, we must not fail to petitions got an airing at the or deepening public access to the acknowledge the progress that this Appointments Committee, and that the President? ..... Page 11 year’s process clearly represents. nominees were subjected to more than perfunctory scrutiny by certain members E Revisiting the matter of the size Positive elements of the Committee, also suggest that at of the President’s ministerial First, the Ghanaian public deserves least some Members of the Committee team ...... Page 12 commendation for showing an are taking their committee roles exceptionally high interest in this year’s seriously. process, including taking the initiative to submit petitions and information It is worth recalling that the vetting EDITORIAL TEAM about nominees to the Appointments process was largely proforma, indeed ¢ Baffour Agyeman-Duah Committee. This is a marked almost ceremonial, in the early years of ¢ Audrey Gadzekpo departure from past experience, when the Fourth Republic. The process ¢ E. Gyimah-Boadi the citizenry generally observed the assumed a measure of seriousness ¢ H. Kwasi Prempeh proceedings as spectators at best. beginning with the second parliament, ¢ Edem Selormey The volume of nominee-related especially after the J. H. Mensah- ¢ Kwesi Yankah petitions submitted to the committee inspired lawsuit established the principle

Democracy Watch is published with funding from suggests growing unease within the that Parliament’s power to vet the German Technical Cooperation, GTZ. body politic about the standards of Ministerial nominees extended to all Continued on next column E Continued on page 2 E CDD-Ghana ...partisans for democracy and good governance 2 nominees, including those holding over from an immediate vetting cycle causes one to wonder what sort of past administration. background checks, if any, were conducted by state investigative authorities prior to the nominations being The heightened interest shown by the media in the vetting forwarded to Parliament. One would expect at least that process is also highly commendable. This year’s certain basic facts or claims made on a nominee’s CV proceedings were broadcast live by at least one TV station. would be investigated, verified and authenticated by A widely publicised vetting process provides, among other appropriate documentation, if necessary, before the things, an opportunity for the public to dispute and nomination is passed on to Parliament. The Executive, challenge claims made by nominees before the Committee because it has at its command the state’s entire investigative and also disciplines the conduct of both nominees and apparatus, is better placed than Parliament to undertake members of the Committee by shining the public light on this sort of pre-nomination verification. That way too, the them. President would become aware of problems with particular nominations and be placed in a position to seek satisfactory Problems and concerns clarification from the nominee or else avert a public spectacle There are, however, unhealthy signs that the Committee’s by not proceeding with the nomination at all. The proceedings—like proceedings in Parliament itself—may Appointments Committee proceedings should not be the be becoming over-judicialized, as the lawyer-members place where background checks are done on nominees. import into the Committee’s proceeding rules of evidence This should be done before a person is nominated, and the and other legalisms that are designed for judicial results of such investigations should be part of the proceedings in a courtroom and not for the proceedings documentation that must be submitted to Parliament along of a non-judicial deliberative body. The drift toward with each nomination. judicialization of Parliamentary and committee proceedings is an unhealthy development for our democracy, as it “It will be particularly helpful if the concept of threatens to deliver into the hands of a class of lawyers a prior approval is clarified as an important step democratic institution and process that is supposed to be to making the vetting process more accessible accessible, in both form and substance, to the entire body to the body politic politic Parliament and its committees are not the place for ” courtroom rules of evidence. They are places for robust deliberation and debate, free from the strictures of judicial Weakness in the integrity of the process procedure. What should be paramount in the proceedings Second, the composition of the Appointments Committee of Parliament and its committees is a member’s right to undermined the integrity of the process, as some MPs who “vent” and ask questions and the public’s right to know; had themselves been nominated for Ministerial office sat not whether a certain rule of evidence or civil/criminal on the Committee and participated in the vetting of fellow procedure has been complied with. nominees. Clearly, Parliament’s Standing Orders, which govern the composition of committees, represent more of “The drift toward judicialization of parliamentary a hindrance, than an aid, in this respect. The current and committee proceedings is an unhealthy Standing Orders relating to the composition of the development for our democracy, as it threatens to Appointments Committee make sense under a constitution deliver into the hands of a class of lawyers a like the 1979 Constitution, where there was a separation democratic institution and process that is supposed of personnel between Parliament and the Executive. to be accessible, in both form and substance, to the However, under the current Constitution, which requires entire body politic” that a majority of Ministers be chosen from the House, Having said that, this year’s proceedings—though not the Parliament’s Standing Orders must ensure that committee results—have been an important step forward in making membership is structured in such a way as would enhance, Parliament and the work of its committee accessible to the not disable, the basic oversight function of committees. public The current rule that every MP must be a member of at Inadequate pre-screening least one standing committee does not work well with the Other aspects of the process raise concerns. First, it is kind of Constitution we have, where most Ministers are not clear how much pre-screening of a nominee is done simultaneously MPs. Minister-MPs, as well as MPs within the Presidency prior to a nomination being nominated for Ministerial office, should not be allowed to announced and presented to Parliament. In fact, the sheer sit or (at the very least) vote on key oversight committees, volume of the petitions filed against nominees during this like the Appointments Committee, the Public Accounts Committee, or the Finance Committee. At any rate, a Continued on next column E Continued on page 3E Democracy Watch Vol. 6, No. 1 March 2005 3 member of the Appointments Committee who has been business pursuits and improper activities. The role of the nominated to a ministerial (or deputy ministerial) position parliamentary committee that is charged with advising the should be required to recuse himself or herself for the Speaker on the grant of these permissions appears to have duration of the entire vetting process. been merely perfunctory thus far. Yet, this committee, if it took its work seriously, could become an important facility Third, the vetting process revealed deficiencies in the for the legislature to exercise oversight of the ethics not existing public officer asset declaration regime and only of MPs but also of members of the Executive. highlighted the ethical vacuum and disregard for conflict- of-interests caused by the continuing absence of a credible Second, article 98(2) and 78(3) of the Constitution, relating code of conduct for ministers and other executive to the grant of permission by the Speaker for MPs and employees. It is not possible to know whether the Ministers to engage in private business pursuits and unofficial Appointments Committee verified current claims of asset activities, must be read in conjunction with article 284, ownership and net worth against nominees’ officially which enjoins every public officer to avoid placing himself declared income and assets. A more accessible regime of in a position where their “personal interest conflicts or is asset declaration would have enhanced the credibility of likely to conflict with the performance of the functions of the vetting process and the nominees’ responses to certain his office.” Enforcement of article 284 is vested in the questions. As things now stand, the people of Ghana have CHRAJ. Thus, the Speaker’s permission does not—and no way of verifying what their public officers claim they indeed cannot—immunize or excuse a Member or Minister are independently worth. Dishonest public officials are against charges of conflicts of interest. Rather, under article the only ones whose interests are served by the lack of 98(2), and 78(3) the Speaker’s permission is granted “on transparency that continues to characterize our existing the grounds” that the extra-parliamentary or extra-official public office holder asset declaration regime. It is a defect pursuit will cause no conflict of interest. Thus, an extra- that can—and must—be cured legislatively. What is parliamentary or extra-official pursuit that causes a conflict required but is lacking in this area is the political will to do of interest violates the terms of the Speaker’s grant of what is right in the national interest. permission.

Significant problems with conflicts of interest Third, the President, in his capacity as Chief Executive, The Appointment Committee’s exchanges with at least one should help enforce article 284’s injunction against conflict- nominee concerning the nominee’s extensive business of-interests on all of his Ministers and deputy Ministers by activities highlight the need for a credible code of conduct instituting within the Executive branch a Register of Private for the Executive and for Ministers and other appointees Interests and a regime similar to that imposed on MPs and to public office to be educated about the concept of Ministers under article 98(2) and 78(3). This is a role that “conflict of interests”. The nominee in question was of the could be assigned the President’s Office of Accountability, view—and the Committee too seemed to agree—that whose current remit and utility remains ambiguous at best. obtaining the prior permission of the Speaker immunized As with article 98(2) and 78(3), however, a grant of him against any charges of impropriety or conflict of permission to a Minister should be the exception, rather interests. than the rule; and, in any case, permission should be granted only where there is no risk of a violation of article 284’s it is highly unsatisfactory that it is the “ injunction against conflicts of interest. Speaker not the relevant Select Committee that gives permission to MPs and Ministers to pursue “A more accessible regime of asset declaration extra-parliamentary would have enhanced the credibility of the and extra-official business” vetting process and the nominees’ responses to certain questions” First, this entire practice of the Speaker granting permission to certain MPs and Ministers to pursue extra- Ethical misconduct went unanswered parliamentary and extra-official activities of a profit-making The vetting process also revealed disturbing cases of ethical nature must be properly formalized, regulated, and made impropriety and bad judgment on the part of certain transparent, and whatever permission is granted should Ministers. To hear certain Ministers play back the be limited to specified or named businesses or activities, in discredited defence of nameless “friends abroad” paying order that such permissions do not become a blank check school fees and child maintenance expenses on their behalf for MPs and Ministers to indulge in all manner of private served to remind us, painfully, of how little progress we Continued on next columnE Continued on page 4 E CDD-Ghana ...partisans for democracy and good governance 4 have made in the realm of public ethics and probity since the 1990s CHRAJ investigation of certain Rawlings The Ghanaian government and ministers. Togo: realpolitik or betrayal of Regrettably, while admitting to the “harrowing revelations” democratic principles that came out of the vetting, the President chose to do nothing. Rather, in the course of inducting the new In its March 2004 edition, Democracy Watch criticized appointees into office, the President made remarks that the Kufuor administration for sending an official delegation appeared to suggest that the evidence of ethical misconduct comprising the Minister for Defense, the Deputy Minister only served to highlight the universal problem of human of Foreign Affairs and Chief of Defense Staff, accompanied fallibility. The President also appeared to suggest that by by a military contingent and the Ghana Armed Forces Band, approving the nominees Parliament had somehow closed to join the Togolese authorities in their celebration of the page on the issue or left him with no recourse. Eyadema’s “National Liberation Day” in Togo. “[F]or a government that would like to be seen as setting the tone This latter excuse is, of course, unavailing. Even and standards for the progress of democracy and good afterParliament has approved a nomination, it remains for governance on the West African littoral,” we complained, the President to proceed with the appointment or not. “sending such a high-powered delegation to the celebration The “approval” of Parliament means only that the Parliament of Eyadema’s coup sends worrying and conflicting signals.” finds the nominee acceptable and that the appointment can The action constituted an abdication of the moral high proceed, if the President so desires. The “approval” by ground Ghana had earned through two sets of competitive Parliamentdoes not constitute an order to the President to national elections and a precious peaceful democratic appoint the nominee.Parliament’s power is at an end once turnover in 2000. It also smacked of an inconsistent the approval is rendered and communicated. The application of principle, given the New Patriotic Party’s President’s appointment power ripens at that point, but it objection to the June and 31 December holidays during remains the President’s decision whether to consummate the tenure of Rawlings. the appointment. “Respect for the rule of law has the The President’s failure to withdraw the nominations of tendency to beget respect for the rule persons entangled in a web of gross ethical impropriety, of law” including cases of needless lying about paper qualifications and using a public account to effect private financial transactions, represents a disturbing precedent. The Kufuor administration was given an opportunity to rectify its previous missteps in this area when President “...vetting will bring the standard by which Gnassinbé Eyadéma, Africa’s longest serving dictator, they vet DCEs in strict conformity with the passed away on 5 February 2005 and the Togolese military provisions of the Model Standing Orders under command stepped in to appoint his son Faure as successor. This action contravened Article 65 of the Togo Constitution, Order 16” pursuant to which, upon the death of the President, the President of the National Assembly should have assumed Need for vetting of DCEs temporary leadership of the State. At the time of In spite of the various lapses identified above, important Eyadéma’s death Fanbare Outtarea Natchaba, not benefits have accrued. Substantive issues have been put Eyadema’s son Faure, held the position of President of on the table. Key among them is the suggestion that DCE the National Assembly. Had the Togolese Constitution be subject to similar vetting (at the district assembly level). been followed, Natchaba would have acted as head of That, of course, is a matter within the authority of the district state for a period of sixty days, at the end of which fresh assemblies themselves, as the power to “vet” is merely elections would be held to elect a new President. This incidental to the power to approve the President’s nominee constitutional process was, however, initially aborted when for DCE. Most significantly, vetting will bring the standard the Togolose military and political class conspired to install by which they vet DCEs in strict conformity with the Faure as head of state to serve out the remainder of his provisions of the Model Standing Orders under Order father’s term. 16. Lastly, vetting of DCEs would enhance local control over DCEs, enhance DCE accountability, and deepen Faced with this de facto coup d’etat next door, Ghana’s decentralization. ¶¶ Continued on page 5 E Democracy Watch Vol. 6, No. 1 March 2005 5 government failed to demonstrate an unambiguous coup. Ghana’s failure to seize the moment to demonstrate commitment to democratic constitutionalism in the its unflinching fidelity to democratic constitutionalism in the subregion. Rather, the government appeared to hedge, subregion has not helped the image of the government. It is indulging in an act of diplomatic duplicity that was doomed indeed high time for the government to recognize that it has to fail. The official logic seemed to be that, without a duty not only to help consolidate the democratic gains Eyadema or his scion at the helm in Togo, Ghana would made in Ghana but also to defend and advance the cause face the spectre of another Cote d’Ivoire on its eastern of democracy and constitutionalism in the West African flank. One is not sure why insisting that the succession region and in Africa as a whole. That must be the first pillar plan stipulated in the Togolese constitution be followed of Ghana’s foreign policy in a democratic era..¶¶ or that the President of the Togolese National Assembly be allowed to serve as interim head of state for a sixty day period while fresh presidential elections are organized The Domestic Violence Bill must to choose a legitimate successor would have spelt mayhem be tabled and passed this year in Togo. In fact, had the constitution been respected initially the shooting deaths of certain opposition protesters Statistics indicate that one out of three women ((33%) may have been averted. has experienced some form of gender violence in Ghana Recent studies and reports (including reports from the “When the military steps in to install a Women and Juvenile Unit (WAJU) of the Ghana Police presidential successor extraconstitutionally it is Service) indicate that the incidence of physical, sexual and a coup d’etat, no matter how cleverly the psychological abuse of women and children is prevalent usurpation is executed or what post hoc and that most victims are abused by people they know in rationalization domestic settings. is adduced in support of the act” Ghana is a signatory to the International Convention on the When the military steps in to install a presidential successor Elimination of All Forms of Discrimination Against Women extraconstitutionally it is a coup d’etat, no matter how (CEDAW) and has acceded to the Declaration on the cleverly the usurpation is executed or what post hoc Elimination of Violence Against Women (DEVAW). Ghana rationalization is adduced in support of the act. Given is therefore obliged to implement effective mechanisms to Ghana’s new reputation as an exemplar of democratic ensure the protection and the promotion of the welfare of constitutionalism in the West African subregion, the all persons who are at risk of violence in our society. It is government should have been quick and unambiguous in understood that violence perpetrated against women creates condemning the coup d’etat in Togo. Instead, the obstacles to their full and equal participation in society and government vacillated and then sent the worst possible their access to and control over the resources and benefits signal by allowing Ghana’s Ambassador to Togo to bear of development. Since women form over 50 percent of the witness to the swearing-in of Faure as president. population, violence against women remains a critical challenge to national development. Thankfully and notwithstanding the Ghana’s government’s unambitious and compromising posture in this matter, the The Domestic Violence Bill will assist Ghana to fulfill its timely and consistent pressure brough to bear on Faure obligations as a signatory to CEDAW. The Bill would assist by the African Union and the Economic Community of the nation in quelling violence against women, which would West African States finally caused Ghana to join the in turn enable the country to increase its productivity. The collective call for a restoration of constitutionality in Togo. more women are able to participate as equal partners in the But by then, Ghana had lost an opportunity for moral country, unimpeded by violence in their homes, the more leadership in this matter. It was Nigeria’s Obasanjo who likely that they will contribute to the country’s economic took on the charge of principled leadership in this affair, development. finally causing the Togolese authorities to capitulate and “Ghana is a signatory to the International Faure to step down to allow for an interim succession Convention on the Elimination of All Forms and new elections in sixty days. of Discrimination Against Women (CEDAW) and has acceded to the Declaration on the Throughout the course of events in Togo, Ghana, despite Elimination of Violence its relatively superior democratic standing and long common border with Togo remained for the most part a Against Women (DEVAW)” passive passenger in the regional efforts to reverse the Continued on next column E Continued on page 6E CDD-Ghana ...partisans for democracy and good governance 6 The Domestic Violence Bill has not yet been introduced public and general agreement on the passage of the bill. to Parliament, however, the former Minister for Women Almost no parliamentary bill has received the concerted and Children’s Affairs, Gladys Asmah, stated in a late 2004 support of a broad coalition and the public to ensure radio interview with Samuel Ato Afful, News Editor on understanding and support of its contents. The government Choice FM, that the Bill would be introduced when the should recognize the public relations assistance it has House convenes for the next session of Parliament. received on this piece of legislation through the efforts of its various advocates, including the Coalition and uphold Unfortunately, the former Minister often appeared to be its promise to ensure passage of the Bill. sabotaging a Bill that she should have been championing. For example, a 2004 GNA report said Mrs. Asmah stated “Gender advocates” are not the only ones that are calling at a forum in Tamale that the rising incidence of domestic for the Bill’s passage. As reported in a newspaper article violence was undermining the sanctity of families, while at on November 15, 2004, the Ghana Medical Association the same time queried the effect on familial relations if a has called for the immediate passage of the Bill to avoid man is brought to justice for raping his wife. Mrs. Asmah the numerous incidents of domestic abuse with which its has also been quoted as criticizing women’s groups in members come into contact on a regular basis. Ghana, the main constituency with which she was expected to partner in order to fulfill the weighty tasks of her Domestic violence is not a popular topic, but it is a portfolio. widespread and ugly reality, that must be addressed by our leaders if the most vulnerable in our society are to be Mrs. Asmah has been replaced as Minister of Women and protected. The Domestic Violence Bill rests on a firm Children’s Affairs by Hajia Alima Mahama (former Deputy constitutional foundation and the country will continue its Minister for Trade), who has a long track record in gender leadership in democracy and good governance by showing activism. Despite her credentials, the new MOWAC Minister leadership in passing this Bill. It is now three years since has a tough task ahead of her, if for nothing else because the the Attorney General adopted this Bill, in that period, other waters have been so muddied by her predecessor and others countries, including Nigeria have passed into law domestic who ought to have been championing the Bill. violence legislation. It is time for Ghana to stop Some aspects of the Bill have been misunderstood and/or prevaricating. With a fresh mandate, the Kufuor distorted by its detractors. It is important to recognize that administration must show it is committed to the well-being the Bill establishes domestic violence as a crime and of women and children in Ghana by laying the Bill before provides protection for victims of domestic violence. The Parliament and encouraging Parliament and its majority in Bill further offers a broad range of remedial options for the House to pass the Bill. . ¶¶ victims. These include protection orders from the court, mediation and reconciliation, counseling, and psychiatric interventions in unaggravated situations. These aspects of Of women and ministerial the Bill are hardly the focus of discussions. appointments

While it is true that the problems underlying domestic violence cannot be addressed solely by legislation, ender activists have expressed disappointment at the legislation is an essential basis from which to build the G support required to deal effectively with domestic violence. small number of women who have been appointed as Once a legislative framework has been established, other ministers in the second term of the Kufuor-NPP areas can and will be developed. Government. Only 19 women are included in the President’s tall line-up of 88 ministers (roughly 21 %). They The Domestic Violence Bill Coalition has crisscrossed the comprise four full ministers, out of a total number of 39 country to educate the public about the importance of the ministers (10%) and 15 deputy ministers out of a total of Bill and to sensitize people to the issues it addresses. 49 (30%). Generally, once people have the opportunity to hear Although the number of women ministerial appointments is intelligent discussion about the Bill and its contents, there an increase over the past, critics charge that the Presidential is acceptance and support for its passage. Yet, this has appointments do not reflect a firm commitment to improving not yet translated into the political will to lay the Bill before women’s political participation, especially as most of the Parliament. Why is this so, when the Attorney General female ministers are in deputy rather than full ministerial adopted the Bill as far back as in 2002? The often heard positions. excuse it that there should be broad consultation with the Continued on next column E Continued on page 7 E Democracy Watch Vol. 6, No. 1 March 2005 7 The dearth of women in public life is not only reflected in to encourage more women to run for public office. For the President’s choices but in other political spaces as well. starters, women constitute at least half of the population Only 25 members out of Parliament’s 250 members are and should be represented proportionally. women (10%); a marginal improvement over the last Parliament, which had 9.5 percent female representation. Second, the legitimacy of a democratic representative In addition, there are no women in the leadership of the system is open to question when a significant portion of House. The Council of State boasts only three women on the electorate is not adequately represented. There cannot its 24-member council and as at last year, there were only be true democracy when women are excluded from 7 females among the 110 District Chief Executives. positions of power.

Why few women in political life? Third, because women comprise half of a country’s source of potential talent and ability, their importance in public life There are many reasons why women are under-represented should not be disregarded. in government and other high public office, although lack of ability is not one of them. Fourth, women’s participation in public life is about change First, the nature of the electoral system and contest has that seeks to transform power relations in society so that been cited as a possible reason few women candidates women can fully exercise their rights as citizens. As citizens, aspire to public office. Many candidates complain of lack political office holders and elected officials, women must of party support, limited financial support, limited access be able to exercise their right to political participation to to political networks and the prevalence of double transform politics and make a difference in their homes, in standards. their communities and in society. By engaging in transformational politics, they not only increase women’s For years, political officers were a male domain with few numbers in decision-making, but also change established opportunities for female representation. And even though political values, processes and institutions to effectively that is changing, there has been little effort to actively recruit address women’s needs and concerns. and nurture women by providing education and training The recent ministerial appointments and the representation systems for women’s leadership in general, and for orienting of women in Parliament reveal that Ghana has still a long young women toward political life in particular. Women way to go to achieve gender parity in public and political are still largely relegated to the women’s wings in the life. In Namibia, a country that achieved independence hierarchy of most political parties and supporting roles in only 15 years ago, a woman unanimously elected as first politics. deputy speaker of Parliament in March 2005; in Rwanda, women constitute more than 40 percent of the Parliament. This lack of progressive initiative is compounded by other factors such as: “...the legitimacy of a democratic representative system is open to question • The dual burden of domestic tasks and professional when a significant portion of the electorate obligations that hinder women’s full participation is not adequately represented in politics. ” • Gender ideology and cultural patterns as well as predetermined social roles assigned to women and The NPP government, despite the criticism, stands a good men, which results in women’s lack of confidence chance of making a visible mark on gender equity in Ghana. to run for elections To be fair, the Kufuor administration has already appointed • Women’s higher illiteracy rate compared with men women to head key public institutions such as the Internal and limited access to education and choice of Revenue Service, the Immigration Service and Registrar- professions General’s Department - institutions that had hitherto not • Women’s perception of politics as a “dirty” game been headed by women. The government can also take underscored by coverage of politics and politicians credit for having established, for the first time, a Women’s in the mass media Ministry.

Why more women matter Enhancing political participation and Irrespective of the reasons militating against women’s full overcoming exclusion political participation, it is important that efforts are made The marginalization of women from public life is a structural issue that signifies the unequal distribution of economic and Continued on next column E Continued on page 8E CDD-Ghana ...partisans for democracy and good governance 8 political power between women and men and the attitudinal It is true that there are cogent arguments against quotas, stereotypes regarding the social roles of women vis a vis including the fact that competent women are then perceived men. These stereotyped social roles limit the scope for as second class citizens who are unable to compete on both women and men to achieve their potential. their own merit. Quotas also imply that representatives are elected for their gender and, if not properly implemented, Entrenched attitudes are unlikely to disappear without a there is the risk of breeding a non-meritorious system. concerted effort on the part of government and civil society Quotas have also been known to create conflicts within to improve the status quo. There is the need for an equality political parties. However, these reasons should not deter policy to address these issues and to hold government government and decision-makers from adopting quotas as accountable. Some sort of legislation is required to ensure a temporary mechanism in achieving gender parity in public that action is taken to redress the gender imbalance in public life. District Assemblies are good breeding grounds for and state agencies. people seeking careers in politics and public life. About 965 female candidates contested in the 2002 district Fewer women than men are likely to apply for public assembly elections compared with 547 in 1998, a 75 positions for all the reasons that have been outlined above percent increase. This was largely due to a concerted but given fair opportunity those who do prove equally campaign on the part of civil society and NGOs to get qualified and successful. Especially because they are often women elected. While only 341 of women who contested the decision-makers, men have an important part to play got elected, this brought the percentage of women elected in achieving gender parity and equity. A more equal sharing officials in the assemblies to 7.5 percent, a significant of responsibilities for decision-making in political, public improvement over 1996 when 196 (4.1%) of those elected and professional life with women is required as well as to district assemblies were women. Clearly, there is a lot greater participation by men in the area of private life – in of catching up to do if we want more female representation family and home to free up women to take on more in local politics. The added benefit of more women in local challenging public roles. level politics is that with time there is a better, more experienced pool of women to draw from to contest national Studies and experiences from various countries have also level elections. shown that the proportion of women in political institutions does not increase unless special measures and methods Other strategies are employed. Campaigns and gender quotas have been Several other strategies, besides quotas can be adopted in the methods most commonly utilized. Examples from other order to enable women become active and equal partners African countries are instructive. In Tanzania, 25 percent in public life as well. For example, women’s capacity as of seats at the local level and 20 percent of seats at the citizens and voters, can be strengthened by campaigns national level are reserved for women. In Uganda, one aimed at boosting their self-esteem and awareness of their parliamentary seat for each of the 45 districts is reserved civil and political rights. Also, an important strategy in for women, i.e. 45 out of 280 seats (14%). And in South attaining gender equity in political life is the training provided Africa, one-third of candidates on the African National women to run for public office at the national and local Congress (ANC) party lists must be women. levels in the areas of political awareness and gender consciousness and skills building for elections.

There is evidence that quotas can and do work in Ghana Legislative support services for elected women can also as well. In 1998 the National Democratic Congress help improve women’s effectiveness in public life and in so (NDC) government directed that 30 percent of the doing raise their profiles positively. Such an initiative requires appointed membership of district assemblies be reserved that women legislators be equipped with the necessary for women. That figure was raised to 50 percent by the technical skills to do their job well. Technical training such NPP government. By 2004, this affirmative action policy as legislative agenda setting, preparation of legislative had increased the percentage of appointed female district proposals and advocacy and negotiation can help women assembly members to 37 percent in 97 out of 110 districts. become better legislators. In six districts, the targeted 50 percent female representation was achieved by the end of 2004 and in In addition, women’s networks and alliances can be forged another 27 districts, 40 percent of the target was achieved. to provide women with support. Women working with There is opportunity to further improve on the level of other women is crucial to attaining the goal of gender female participation in local politics by appointing more balance. Women from all sectors, levels, both national and female district chief executives this time around. local, must be encouraged and facilitated to work together Continued on next columnE Continued on page 9E Democracy Watch Vol. 6, No. 1 March 2005 9 to share concerns, discuss solutions to problems and and the Sessional Address to Parliament; forming a advocate for solutions. Government by identifying, pre-screening and nominating ministerial candidates, including cabinet, regional and deputy Finally, there is need for public awareness raising in order ministers; preparing to celebrate Ghana’s 48th Independence to transform attitudes towards women in politics. This Anniversary; and preparing and releasing the national requires a serious and sustained effort aimed at increasing budget for the 2005/2006 fiscal year. public awareness about the importance of women’s participation in public life through media campaigns, training Indeed, the President reportedly sent the Attorney-General workshops and voter outreach programs.¶¶ “to school on the report”, with the assurance that the Government would give careful consideration to the report and that recalcitrant perpetrators of the human rights Delayed publication of NRC report: violations chronicled in the NRC report would be left to worrisome implications their consciences. Nevertheless, the study of the report and the preparation of a Government White Paper on it The National Reconciliation Commission (NRC) could have moved in tandem with the pursuit of the submitted its 5-volume report to the President on October electoral, inaugural and ministerial appointment agendas. 12, 2004, following 18 months of public hearings across With a functional Government, a little sense of dispatch, the country. At both the inauguration of the NRC in May and a dose of conscientiousness these multiple goals could 2002 and the time of receiving the report, President John easily have been achieved simultaneously. After all, the Agyekum Kufour assured the nation that his Government “study of the report” and the preparation of Government’s would accord the Commission’s recommendations utmost response were not to be undertaken personally by any respect and implement with sincerity those aspects the single individual, but rather a team of lawyers from the Government finds acceptable. Attorney-General’s Department.

The submission of the report was greeted with great public In any event, in these circumstances, and given the euphoria. And although the publication of the leaked report Government’s apparent busy schedule, the public muted by sections of the private print media attracted voyeuristic its reactions, but its expectations that the report would be interest all over the country as well as condemnation of the released in a reasonable period of time remained firm, NRC, the Government and some media houses, the public particularly for the 4,211 or so petitioners, their associates has generally evinced tremendous patience waiting for the and sympathizers. Five months later, both supporters and official release of the report. However, it is almost six opponents of the national reconciliation process are left months now since the NRC submitted its report, and waiting and wondering when, or if, the Government would nothing has been heard of it! This foot dragging is officially release, and begin to act on, the NRC report. worrisome. It is up to the Government whether to accept the NRC “The work of the NRC should lead to report in its entirety, or only parts of it; it is also up to the institutional reforms; if Government has no Government whether to implement all or only some of the time comment on the NRC report, the public recommendations contained in the report – for reparations has no reasonable basis to expect any (including compensation) aimed at healing, restoration and concrete reconciliation, and for institutional reforms aimed at action on the Report” preventing the kind of egregious human rights violations which were recounted with much grief and sorrow during To be sure, the public appeared to have given the the public hearings of the NRC, and which truly saddened Government the benefit of the doubt in the immediate the nation. For instance, with respect to the aftermath of the submission of the report. Many Ghanaians recommendations for reparations in those petitions which seemed to appreciate that the Government had too many the NRC found to be justified, it is up to the Government urgent matters to deal with than releasing the report.. They whether to compensate the affected persons in the exact appeared to understand that the Government had to quantum or amounts proposed by the NRC, or to increase contend pressing matters such as campaigning effectively or decrease the amounts recommended as token remedies, for the 2004 parliamentary and presidential elections; should the Government elect to compensate the victims of preparing for the inauguration of the President following killings, abductions, disappearances, torture, detentions, the New Patriotic Party’ victory in the December polls; ill-treatment and seizure of properties. and preparing to deliver the state of the Nation Address Continued on next column E Continued on page 10 E CDD-Ghana ...partisans for democracy and good governance 10 Indeed, the respondents or alleged perpetrators who “The delay in officially publishing cooperated with the Commission also have a right to know the report is fuelling the the Commission’s findings and conclusions in relation to them. They deserve better treatment. It is a matter of perception of Ghana as a deeply fairness. And so does the general public – both local and divided, not reconciled, nation” international – that has been patiently waiting to access, study, and analyze the report. Whatever be the case, the Government has an urgent moral duty to act on the NRC report, and to do so with dispatch. Unfairness to the Commission The continued silence of the Government is generating The delay in publishing the report of the NRC five months considerable concern and agitation in domestic and after it concluded its work is extraordinarily unfair to the international circles. Many individuals are visiting the offices commissioners and staff who gave so much of their lives of the non-existent NRC at the Old Parliament House in to do so difficult a job. For over one-and-a-half years, Accra to make enquiries from personnel of the Commission members and staff of the Commission were forced to live on Human Rights and Administrative Justice (CHRAJ) and in the glare of the public spotlight – to face the cameras on the Serious Fraud Office (SFO) about the fate of their a daily basis; to continuously field questions and queries petitions. It is worth noting that some petitioners expressed from the public and the local and international media; to frustration over the inability of the CHRAJ to effectively be attentive in hearing tales of horror; to be sympathetic resolve their pre-1993 complaints during the NRC hearings. and empathetic in assisting the healing of victims; and to They blamed this inability on ineptitude or “lack of forfeit their privacy, “distorting” their family lives in the jurisdiction” which makes the reliance of these same process. The physical toll of the work on the commissioners individuals on this office for information now particularly and staff that made those huge sacrifices demand that troubling. Government acts with urgency on the report. It appears completely cruel to have subjected the dutiful personnel to The delay raises several other concerns, both international these circumstances and to ignore the result of their labor. and local. Adverse image on governmental efficiency Undermining the humane character of the The potential political fall-out for the Government may be government far greater than it imagines. Like the leakage of the report, The delay has the potential to portray the Government as the delay appears symptomatic of a Government that had insensitive, even callous, in raking the pains of the past, no plans to receive, process and respond to the report of shocking the nation and wounding its psyche with buried the NRC despite having sufficient advance notice of the horrors, only to ignore those who suffered! This may impending submission. The delay provides credible undermine the image of the President and the Government evidence supporting the widespread accusations of as humane. indecision, inertia and lack of administrative preparedness on the part of Government for some of the otherwise Unfairness to petitioners, respondents and the mundane business of governance. Many people would public describe such behavior as demonstrative of incompetence. For the grieving victims, especially the many disgruntled security personnel who petitioned the Commission, the Waste of scarce resources failure to act in a timely manner on the report could have There is credible speculation in certain circles that the avoidable national security implications. For most of the Government is overwhelmed by the potential financial cost ordinary petitioners looking forward to some token of implementing the NRC recommendations, and that the acknowledgement of their pain, the delay is causing needless delay in releasing the report reflects trepidation and anxiety and a sense that they cannot have justice – not indecision. This view finds some supporting verification in even the sense of “symbolic justice” that comes from the the absence of any provision in the “2005 Budget of Hope” payment of token compensation! For many ordinary victims for implementing the NRC recommendations. If that is who went to the NRC, justice delayed is justice denied. true and the report is shelved, it would mean that, to some People need closure in their lives. Until the state extent, the reconciliation exercise would have been a big acknowledges the pain and suffering of the victims and waste of money. The benefit of the exercise would have compensates them, many will not be able to turn the page been reduced to (a) the documentation of the history of and move on with their lives! human rights violations during the relevant periods (6 March 1957 – 6 January 1993), (b) the provision of a platform Continued on next column E Continued on page 11E Democracy Watch Vol. 6, No. 1 March 2005 11 for the ventilation of grievances, and (c) the opportunity to share experiences and learn lessons from our abusive past. “The immediate release of the Most importantly, not publishing the report would mean a NRC report would serve to calm loss of opportunity for effecting much-needed institutional some justifiably agitated nerves, reforms. The work of the NRC should lead to institutional both locally and internationally” reforms; if Government has no time comment on the NRC report, the public has no reasonable basis to expect any concrete action on the Report, and yet institutional reforms On the international scene, interest in the outcome of the to build a culture of respect for human rights and attacks NRC’s work comes not only from countries that on impunity in Ghana is what would have justified the huge contributed to its funding, or from the two dozen or so expenditure of money, time, energy and other precious countries that have experimented with truth and scarce resources. reconciliation commissions in recent times. The delay is bound to raise questions about the intentions of the Ghana However, other more immediate and broad-based benefits Government in the minds of the South African Government, of the reconciliation process would have been lost: (a) the the United States Agency for International Development, broad dissemination of the report for its significant the Soros Foundation (Open Society Initiative for West educational value; (b) the opportunity to achieve individual Africa), and the International Centre for Transitional Justice, and group healing through the use of different methods of who, among others, supported the NRC financially and/or reparation; (c) the provision of an opportunity for repentant materially. Indeed, many international observers are now respondents to seek forgiveness from, or voluntarily wondering whether Ghana’s national reconciliation process compensate, their victims; and (d) the use of the report as was designed to score partisan political points. Truth a teaching tool for combating impunity; and the chance for Commissions have not always enjoyed broad support in Ghana to make a contribution to the growing body of every country, but nowhere has it been as widely perceived scholarship on the theory and practice of truth commissions as having been actuated by malice or other improper and transitional justice issues. motives as in Ghana. The delay in officially publishing the report is fuelling the perception of Ghana as a deeply Equally importantly, the delay needlessly contributes to the divided, not reconciled, nation. deepening of popular cynicism about politicians and their intentions. In these circumstances, the public is left Bluntly put, the delay in releasing the NRC report is causing wondering what fidelity the Government will attach to the needless pain to the victims and respondents who NRC report. cooperative with the Commission, tremendous embarrassment to the NRC, and providing further Effect on public confidence in official commissions of justification for public cynicism toward politics and inquiry politicians. It is undermining the Government’s long-term Finally, the potential long-term effects of the delay could commitment to enhancing human rights and combating be far-reaching not only on the victims and perpetrators impunity in Ghana, while lowering its esteem in the who assisted the NRC in its work, but also on the community of local and international “transitional justice phenomenon of Commissions of Inquiry under the NPP. observers.” The immediate release of the NRC report Under “Positive Change Chapter One”, the NPP would serve to calm some justifiably agitated nerves, both Government appeared to have ignored the bulk of the locally and internationally.¶¶ recommendations of the Wuaku Commission of Inquiry into the Yendi Massacre following the publication of the report. It would be regrettable if this is repeated in “Positive People’s Assembly: publicity stunt Change Chapter Two” as it would serve to establish a most or deepening public access to the pernicious pattern of abuse of the President’s powers to President? appoint commissions of inquiry under Article 278(1) of the Constitution, which allows the President to appoint, by constitutional instrument, a commission of inquiry into any Beginning from its second year in office, the New Patriotic matter of public interest where he believes that such a Party (NPP) government established something of a commission is warranted. tradition of convening a public forum at the start of each year at which the President and his ministers field questions from citizens. Called the People’s Assembly, this year’s Continued on next column E Continued on page 12E CDD-Ghana ...partisans for democracy and good governance 12 public forum was held in late March, about a week after to the questions, and where necessary he invited his ministers, the second Wahala demonstrations, which was organized who were also doubling as translators in various Ghanaian by opposition party leaders to protest the 50 percent hike languages, to expand on some of the issues raised. in petroleum prices. Not surprisingly, critics of the government accused the NPP administration of wanting to A Positive Trend divert attention from the demonstrators and using the Timed to improve government’s image or not, the NPP People’s Assembly to shore up its battered image. administration deserves commendation for maintaining the People’s Assembly concept and making itself available for Certainly, the crowd at the International Conference Center, direct questioning, especially at a time when it was obviously where the event was held, were well managed. But the under siege. Indeed, any opportunity that enables ordinary forum did not smack of being stage-managed. In the main, citizens to access the ruling elite and to query them on issues many of the people who braved the rains to attend the they consider important sends the right signals about citizen’s open forum were there not to sing the praises of rights to participate in governance. Government, but to raise pertinent policy issues. There were the usual invitees – representatives of religious bodies, the By most accounts, this year’s assembly was an diplomatic corps, high public officials, civil society improvement over the past logistically and in terms of representatives, the media, etc. – but there was also a inclusivity. The first Assembly in 2002 coincided with the sizeable and diverse crowd of ordinary people, who waited celebration of the NPP’s first anniversary in power and patiently to have their turn at the microphone. displayed a photo exhibition of the Party’s electoral victory, a factor that alienated non-NPP supporters. Such As in the past, the event was devoid of overt signs of partisanship was mercifully minimized this year. partisanship as determined by the décor of the hall and there was no indication that anyone was being prevented Finally, also, the range of questions asked at the forum from attending because of their party affiliation. Information reflected the salient issues of the day and indicated that Minister Dan Botwe explained at the start of the forum people felt free to speak their minds, even at the risk of that the People’s Assembly afforded all ordinary Ghanaians being politically incorrect. This can only be seen as a direct access to the President, allowed them to interact positive development in Ghana’s evolving democratic with him, and to ask him questions. culture. ¶¶

While some of the people who asked questions or made Revisiting the matter of the size of the comments could well qualify as praise singers, the majority President’s ministerial team of questioners asked President John Agyekum Kufuor and his executive team some tough questions. As a new presidential term gets underway, the matter of the size of the President’s ministerial contingent has The President of the National Petty Traders Association, resurfaced. Once again, the complaint is that the President for example, expressed unhappiness about the recent Accra has appointed “too many” Ministers and deputy Ministers. Metropolitan Assembly (AMA) exercise to de-congest On his part, the President is insistent that the number—a Accra and asked the President why alternative places for total of 88—is just about right, perhaps even conservative. the many jobless hawkers was not being provided. Laid- Those who maintain that the ministerial size is excessive off workers of Sabat Motors complained that they had have been challenged to name what number of Ministers been waiting to receive compensation from the government they consider appropriate. since the company was closed down several years ago and were tired of waiting. The government’s commitment It is never an easy matter to urge presidential restraint when to private sector development also came under scrutiny, it comes to the exercise of a President’s power of as did the hike in petroleum prices, a subject the President appointment. For one thing, there is never a shortage of had hoped to pre-empt by addressing in his opening speech. “demand” for Ministerial jobs. This is not because Ghanaian politicians have an exceptionally high commitment to public There were questions on unemployment, excessive duties on service. It is because ministerial office in Ghana often means imported cars, lack of access to bank loans, security concerns, the “Four Ps”: power, perks, privilege and the prospect of poor sanitation, health and education and comments suggesting personal pecuniary gain. What is more, there is often not that people expected more of government. much in the way of personal sacrifice or accountability for performance. Thus, the President is bound to come under Speaking at times in Twi, the President responded quite ably a great deal of pressure when it comes time to name his Continued on next columnE Continued on page 13E Democracy Watch Vol. 6, No. 1 March 2005 13 ministers and deputy Ministers. There is, in short, no hold multiple portfolios. Apart from these constitutionally demand-side solution to the problem of excessive Ministers. specified portfolios, the only other express constitutional Only on the supply side can the problem be contained, if at stipulation relevant to the number of Ministers is the all. provision that there must be no less than 10 and no more than 19 Ministers of Cabinet rank. The fact that the One possible way to discipline a President’s power of Constitution places a ceiling on the size of the Cabinet is patronage in this area is for the Constitution or a piece of itself an important indication that numbers matter and that legislation to place firm limitations on the number of beyond a certain point the number of Ministers might Ministers. The 1969 Constitution, for example, specified become excessive. that the total number of Ministers of State at any time, comprising both cabinet and non-cabinet ministers, was Parliament must use the constitutionally-specified size of not to exceed 21, not counting “ministerial secretaries” (as the Cabinet and the naming of certain portfolios in the deputy Ministers were then called) or regional ministers. Constitution as cues in judging whether the number of Allowing for 8 regional ministers (as was the case at the Ministers named for appointment by the President are time) and a ministerial secretary to each Minister, the size “necessary for the efficient running of the State” or have of the total ministerial contingent in the second republic exceeded the limits of necessity and efficiency. Once the would have stood, roughly, at 50 (maximum). Cabinet-rank and constitutionally specified portfolios have been filled, all other Ministerial (and deputy ministerial) nominations are, of course, constitutionally discretionary. The size and quality of the civil service “ Parliament must therefore use its approval power to ensure and local (district) assemblies are arguably that these non-mandatory appointments are indeed more important variables in determining the necessary for the efficient governance of the state. effectiveness of public governance” One way for a legislature to discipline the presidential power The 1992 Constitution, however, departs from the wise of appointment is to enact legislation requiring that the example of the 1969 Constitution. Instead, under the creation of a (non-mandatory) Ministry or the appointment current constitution, the President, with the prior approval of a (non-mandatory) Minister to be made by means of of Parliament, may appoint “such number of Ministers of statute, rather than by presidential fiat. This way, whenever State as may be necessary for the efficient running of the the President desires to make a discretionary ministerial State.” (Art. 78(2)). Although this provision is often appointment or create a Ministry, Parliament would have construed to mean that the President alone has absolute the option to deliberate on the matter and put the Executive discretion in determining the size of his ministerial contingent, to the task of providing persuasive policy justifications for that reading of Article 78(2) is flawed. True, the exercise the proposed addition. Unfortunately in Ghana, not only of presidential power under Article 78(2) is not judicially has Parliament failed to use its approval power to ensure reviewable, as the language of that provision implies that scrutiny of the overall number of Ministers appointed; it the issue of the number of the President’s ministers is a has, through the Civil Service Amendment Act made “political question.” However, insofar as all ministerial matters worse by giving the President the power to create appointments must be made with the prior approval of a Ministry at will. This abdication of responsibility by our Parliament, Parliament has a role to play in ensuring that Parliament in a matter that has important budgetary and the number of Ministers is indeed “necessary” for the cost implications must be reversed through an appropriate “efficient” governance of the State. Parliament is not duty amendment to the relevant legislation. bound to approve any number of Ministers that the President chooses to name. “What the Ghanaian state needs to improve Besides providing specifically for an Attorney General, the the effectiveness and efficiency of text of the Constitution names certain Ministers who must administration is a well-resourced and serve on or direct the work of specified constitutional bodies modern civil service, more meaningful like the National Security Council, the National devolution of power to local governments, Development Planning Commission, the Police Council, and credible and well-functioning the Prison Service Council, the Armed Forces Council, regulatory institutions” and the Lands Commission. Thus, there must at all times be Ministers responsible for these constitutionally Regarding what number is appropriate for the total designated portfolios—even though a single minister can ministerial contingent, the 1969 Constitution is a useful Continued on next columnE Continued on page 14E CDD-Ghana ...partisans for democracy and good governance 14 baseline from which to start. The Ghana of 2005 is, of meaningful devolution of power to local governments, and course, not the Ghana of 1969 or 1971. Our population credible and well-functioning regulatory institutions. More has grown substantially since the second republic. But ministers is not the answer. In fact, it may very well population growth alone does not necessitate or warrant compound the problem. ¶¶ growth in the total number of Ministers. The effective administration of the State does not rest on the shoulders of Ministers alone. The size and quality of the civil service and local (district) assemblies are arguably more important “Democracy is never a variables in determining the effectiveness of public governance. Since the late 1960s or 1970s, the finished task; it is always a administrative structure of the state has witnessed significant work-in-progress that can (formal) decentralization. Not only do we now have 10 progress, stagnate or regions, but there are also 138 district assemblies and DCEs regress depending on the across the length and breadth of the country. actions and omissions of The growth of decentralization, which needs further the governed and the strengthening, should lead to fewer, not more, Ministers in Accra. Moreover, the Ghanaian state has shed a substantial government” portion of its economic load since the second republic. The divestiture and liquidation of a large number of under- E. Gyimah-Boadi performing state enterprises since the 1980s means that the nature of the state’s involvement in the economy has changed—or must change. Growth in private sector participation in the economy calls for substantial CDD-GHANA DEMOCRACY improvements in the technocratic and regulatory capacity PROGRAMS FOR THE 1st of the State, not necessarily in the number of Ministers and QUARTER OF 2005 deputy Ministers. Yet, the technocratic and bureaucratic capacity of the State remains weak while we continue to February 7-11 Afrobarometer Round 3 Planning Workshop add on more and more Ministers and other short-term The Center organized and hosted a five-day Afrobarometer partners meeting at Cresta Royale Hotel in Accra. The meeting brought together the three political appointees who bring little, if anything, by way of (3) core partners; CDD, Institute for Democracy in South Africa (IDASA) and technocratic ability. the Michigan State University (MSU) as well as National partners from 17 countries from West, East and Southern Africa as well as Professor Yogendra Yadav of the Centre for Social and Development Studies (CSDS), Delhi to

Among unitary states, Ghana’s 78-person ministerial plan for Afrobarometer Round 3 surveys. ¡ ¡ ¢ ¡ ¢ ¡ ¡ ¢ ¢ £ £ ¢ £ ¢ £ £ ¢ £ ¢ £ £ ¢ £ ¢ £ £ ¢ £ ¢ £ £ contingent (not counting the 10 regional ministers) is indeed February 2, 4 -5 on the high side. Peer countries like Tanzania and Uganda Induction Workshop for MPs In partnership with the Friedrich Ebert Stiftung (FES), the Center all do fine with (far) fewer numbers, and at least the collaborated with the Parliamentary Service to organize a three-day Ugandan state has more complex problems (regionally and induction workshop for Members of Parliament elected during the 2004 elections. The workshop took place at GIMPA in Accra for all the 230 domestically) to worry about than we do. Even a country elected Members of Parliament. Resource persons were Prof. E. Gyimah- like Israel, with its still more complex society and far more Boadi, of the CDD and Prof. Cletus Dordunoo, of Clay Dord Consult, they spoke on the “Role of Members of Parliament and the Institution of substantial economy, has fewer than 30 Ministers under Parliament in a Democracy” and the “Role of Members of Parliament in the National Budgetary Process” respectively. the present government, and that number is still considered ¡ ¡ ¢ ¡ ¢ ¡ ¡ ¢ ¢ £ £ ¢ £ ¢ £ £ ¢ £ ¢ £ £ ¢ £ ¢ £ £ ¢ £ ¢ £ £ excessive by the country’s press and analysts who have February 16 Dialogue Workshop on Political Party Development in Ghana urged the government to downsize. The Center collaborated with International IDEA to organize a day’s workshop on political parties’ development in Ghana. The workshop took place at Regency Hotel in Accra and was attended by representatives of In the December 2002 issue, Democracy Watch stated political parties, the Electoral Commission, the National Commission for that, “A ministerial team that is no more than twice the Civic Education, donor community, relevant stakeholders and the Media. About seventy (70) participants attended the workshop. The workshop [maximum allowable] size of the cabinet (allowing each discussed preliminary findings of a research on political parties development cabinet minister one deputy), plus ten regional ministers, conducted in 2004 by International IDEA through its local researchers led by Mr. Charles Wiafe-Akenten, Lecturer, University of Ghana. Among the for an absolute total of 48, should be more than sufficient key speakers at the workshop were Mr. Kenneth Mpyisi and Dr. Per Nordlund,

to run a country and economy the size of Ghana’s.” We representatives of International IDEA. ¡ ¢ ¡ ¡ ¢ ¡ ¢ ¡ £ ¢ £ ¢ £ £ ¢ £ ¢ £ £ ¢ £ ¢ £ £ ¢ £ ¢ £ £ ¢ £ continue to believe that. What the Ghanaian state needs to February 25-27 improve the effectiveness and efficiency of administration Review of the 2005 Budget with Parliamentary Leadership The Center collaborated with the Parliamentary Service to organize a is a well-resourced and modern civil service, more three-day induction workshop for Members of Parliament elected during Continued on next columnE Continued on page 15E Democracy Watch Vol. 6, No. 1 March 2005 15 the 2004 elections. The workshop took place at GIMPA in Accra for all the March 10 230 elected Members of Parliament. Resource persons were Prof. E. CODEO Final Report release Gyimah-Boadi, of the CDD and Prof. Cletus Dordunoo, of Clay Dord Consult, The Center held a press briefing to release the final report on the Coalition they spoke on the “Role of Members of Parliament and the Institution of for Domestic Election Observers (CODEO) program on Election 2004. The Parliament in a Democracy” and the “Role of Members of Parliament in report titled: “Ghana’s Election 2004: What the Observers’ Say” was jointly the National Budgetary Process” respectively. released by the Co-Chairperson of CODEO, Prof. Miranda Greenstreet and

¤¡¤¡¤¢¤¡¤¢¤¡¤¡¤¢¤¢¤£¤£¤¢¤£¤¢¤£¤£¤¢¤£¤¢¤£¤£¤¢¤£¤¢¤£¤£¤¢¤£¤¢¤£¤£¤ Justice VCRAC Crabbe. ¤¢¤¡¤¢¤¡¤¡¤¢¤¡¤¢¤¢¤£¤¢¤£¤£¤¢¤£¤¢¤£¤£¤¢¤£¤¢¤£¤£¤¢¤£¤¢¤£¤£¤¢¤£¤¢¤

February 16 March 11 Dialogue Workshop on Political Parties Development in Ghana Workshop on Political Party Financing The Center collaborated with International IDEA to organize a day’s The Center organized a one-day workshop on the topic: “Financial and workshop on political parties’ development in Ghana. The workshop took Legal Implications of political party financing in Ghana” at M-Plaza Hotel place at Regency Hotel in Accra and was attended by representatives of in Accra. The workshop formed part of activities of the Center’s project on political parties, the Electoral Commission, the National Commission for party financing in Ghana. Resource persons for the workshop included: Dr Civic Education, donor community, relevant stakeholders and the Media. Cyril Daddieh, Visiting Research Fellow of CDD, Dr Joe Abbey, Executive About seventy (70) participants attended the workshop. The workshop Director of Center for Policy Analysis (CEPA) and Nii Osah Mills, a legal discussed preliminary findings of a research on political parties development practitioner and a member of Ghana Bar Association. Sixty-nine (69) conducted in 2004 by International IDEA through its local researchers led participants attended the workshop. Participants were drawn from the by Mr. Charles Wiafe-Akenten, Lecturer, University of Ghana. Among the political parties, relevant governance institutions such as the Electoral key speakers at the workshop were Mr. Kenneth Mpyisi and Dr. Per Nordlund, Commission and NCCE, relevant ministries and agencies, academia, representatives of International IDEA. economic and governance bodies, legal institutions, donor agencies, civil ¤¡¤¡¤¢¤¡¤¢¤¡¤¡¤¢¤¢¤£¤£¤¢¤£¤¢¤£¤£¤¢¤£¤¢¤£¤£¤¢¤£¤¢¤£¤£¤¢¤£¤¢¤£¤£¤ society organizations and other relevant stakeholders. Dr. Baffour Agyeman- Duah, Associate Executive Director of CDD moderated the workshop.

February 25-27 ¤¢¤¡¤¢¤¡¤¡¤¢¤¡¤¢¤¢¤£¤¢¤£¤£¤¢¤£¤¢¤£¤£¤¢¤£¤¢¤£¤£¤¢¤£¤¢¤£¤£¤¢¤£¤¢¤ Review of the 2005 Budget with Parliamentary Leadership The Center, in collaboration with the Ministry of Parliamentary Affairs, March 16-26 organized a three-day workshop to review the 2005 Budget with the Afrobarometer Field Research leadership of Parliament. The workshop took place at Elmina Beach Resort The Center conducted field work for the Afrobarometer Round 3 survey Hotel in the Central region. The review workshop, the second in the series, between March 16 and 26. The Round 3 Afrobarometer survey sought sought to enhance the capacity of Parliament to enable them critically opinions of Ghanaians nationwide on progress of democracy and economic review the Budget and Economic Policy Statement of government for the development in Ghana in the past three years. A total of fifty-three (53) year 2005. Participants were drawn from the leadership of Parliament, research assistants were trained and deployed to conduct the field work. chairmen and ranking members of all the select committees, clerks to ¤¢¤¡¤¢¤¡¤¡¤¢¤¡¤¢¤¢¤£¤¢¤£¤£¤¢¤£¤¢¤£¤£¤¢¤£¤¢¤£¤£¤¢¤£¤¢¤£¤£¤¢¤£¤¢¤ committees, leaders of the parliamentary service, and representatives of March 17 key civil society organizations, such as the Private Enterprise Foundation Symposium on Appointment and Vetting of Ministers of State. (PEF) and the Legal Resource Center (LRC) as well as officials from the The Center hosted a symposium on the topic: “Appointment and Vetting of Ministry of Finance. In all ninety-five (95) people attended the workshop. Ministers of State: Constitutional and Other Challenges” at the Center’s Resource persons were: Dr. Augustine F. Gockel of the University of Ghana, Conference room in Accra. Speakers at the symposium were: Hon. Haruna Mr. Daniel Ogbarmey Tetteh of DATABANK, Mr. Matthew Armah, economic Iddrisu, Member of Parliament, Dr. Bondzi-Simpson, private legal practitioner consultant, Dr. William Ahadzie of the University of Ghana, Dr. I.K. and Prof. E. Gyimah-Boadi, CDD’s Executive Director. It was chaired by Acheampong of the University of Cape Coast, Dr. Nii Moi Thompson of Prof. Nii Ashie Kotey, Dean of Faculty of Law, University of Ghana. The IDEG, and Prof. Cletus Dordunoo of Clay Dord Consult. The Speaker, Rt. symposium discussed the weaknesses in the provisions in the 1992 Hon. Sekyi-Hughes opened the workshop. Constitution and Standing Orders of Parliament as well as other challenges ¤¡¤¡¤¢¤¡¤¢¤¡¤¡¤¢¤¢¤£¤£¤¢¤£¤¢¤£¤£¤¢¤£¤¢¤£¤£¤¢¤£¤¢¤£¤£¤¢¤£¤¢¤£¤£¤ they pose. Participants and speakers made proposals for enhancing parliamentary oversight over the appointment of Ministers of State. Forty- March 1 one (41) participants, drawn from political parties, academia, constitutional CDD Annual Democracy Lecture lawyers, civil society organizations, constitutional bodies, the media and The Center launched its annual Democracy Lecture captioned “Kronti ne donor community, attended the symposium.

Akuamu” with a public lecture on the topic “Democracy and Development: ¤¢¤¡¤¡¤¢¤¡¤¢¤¡¤£¤¢¤£¤¢¤£¤£¤¢¤£¤¢¤£¤£¤¢¤£¤¢¤£¤£¤¢¤£¤¢¤£¤£¤¢¤£¤¢¤ A Case of Mutual Dependency”. The maiden lecture was delivered by Prof. Larry Diamond, a renowned scholar from Stanford University, USA. The March 23 lecture took place at the British Council and attracted over 200 participants. Brainstorming session on SFO Act The program was partly supported by the United States Public Affairs The Center organized a meeting to review a draft report prepared by the Section. Center on ways to reform the Serious Fraud Office. The meeting held at the

¤¡¤¡¤¢¤¡¤¢¤¡¤¡¤¢¤¢¤£¤£¤¢¤£¤¢¤£¤£¤¢¤£¤¢¤£¤£¤¢¤£¤¢¤£¤£¤¢¤£¤¢¤£¤£¤ Center’s Conference room was part of a series of activities embarked on by the Center to review the SFO Act and make proposals for strengthening its March 3 capacity to perform its anti-corruption mandate effectively. Eighteen (18) RTD on Corruption participants, carefully selected, attended the session. They were drawn The Center organized a roundtable discussion on the topic “Assessing and from current and former senior officials of the SFO; representatives of the Reforming Public Efforts to Controlling Corruption”. The speaker for the Attorney-General’s Department; legal practitioners; representatives of the discussion was Professor Larry Diamond of Stanford University, USA. The Constitutional, Legal and Parliamentary Affairs Committee and the Public discussion centered on the canker of corruption, its effects on development Accounts Committee; senior academics from the Ghana School of Law and and measures to reform public institutions in dealing with corruption. the Faculty of Law of the University of Ghana. Participants were drawn from political parties, the Executive and Judiciary ¤¢¤¡¤¡¤¢¤¡¤¢¤¡¤£¤¢¤£¤¢¤£¤£¤¢¤£¤¢¤£¤£¤¢¤£¤¢¤£¤£¤¢¤£¤¢¤£¤£¤¢¤£¤¢¤ Members of Parliament, public service, academia, civil society January-March organizations, donor community, diplomatic missions and the media. About Research on Land & Forestry seventy (70) participants attended the discussion, which was chaired by the The Center conducted elite interviews on land and forestry in Ghana with Attorney General and Minister of Justice, Hon. Ayikoi Otoo. respect to exploring ways of increasing Government’s responsiveness to ¤¢¤¡¤¢¤¡¤¡¤¢¤¡¤¢¤¢¤£¤¢¤£¤£¤¢¤£¤¢¤£¤£¤¢¤£¤¢¤£¤£¤¢¤£¤¢¤£¤£¤¢¤£¤¢¤ civil society on these matters. The interviews were to complement an on- going desk research to review policies and laws regulating the land and March 8-9 forestry business in Ghana and how to address gaps and challenges that Consultative meeting on Transitional Justice Research inhibit effective state responsiveness. Two senior researchers from the Center A two-day international consultative workshop on transitional justice conducted interviews of forty (40) respondents in Greater Accra, Ashanti, research took place at Miklin Hotel in Accra. The workshop was part of an Brong-Ahafo and Eastern regions. exercise to conduct a map of transitional justice research in the West and ¤¢¤¡¤¡¤¢¤¡¤¢¤¡¤£¤¢¤£¤¢¤£¤£¤¢¤£¤¢¤£¤£¤¢¤£¤¢¤£¤£¤¢¤£¤¢¤£¤£¤¢¤£¤¢¤ North African sub-regions. It brought together key researchers in the field of February- March transitional justice from these two sub-regions to discuss the preliminary Disability Bill findings of a research scan conducted by the Center and also discuss the The Center resuscitated its research and advocacy work on the passage of conceptual framework of transitional justice. Participants were drawn from the Disability Bill. The project seeks to deepen the review of the proposed Ghana, Sierra Leone, Liberia, Burkina Faso, Nigeria, and Morocco. There Bill and expand stakeholder consultation and discussion on the proposed was a representative from the Center for the Study of Violence and Bill so as to get the Bill passed into law. The Center held discussions with Reconciliation (CSVR) in South Africa, one of the partners of the project. the leadership of the Ghana Federation of the Disabled and other E Continued on next column stakeholders on the way forward.¶¶ CDD-Ghana ...partisans for democracy and good governance 16

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

Phone: 233-21 776142/ 763029/ 784293 - 4 The Ghana Center for Democratic Development, CDD-Ghana Fax: 233 21 763028 is an independent, nonpartisan and nonprofit organization e-mail: [email protected] based in Accra, Ghana. It is dedicated to the promotion of Website:www.cddghana.org democracy, good governance and the development of a liberal economic environment in Ghana in particular and in Africa in general. In so doing, CDD-Ghana seeks to foster the ideals of society and government based on the rule of law and CDD-Ghana Publications 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- 13 ¢ Conference Proceedings

Continued on next columnE