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Fair Measure of the Right to Vote: a Comparative Perspective on Voting Rights Enforcement in a Maturing Democracy
SCHOOL OF LAW LEGAL STUDIES RESEARCH PAPER SERIES PAPER #10-0186 JUNE 2010 FAIR MEASURE OF THE RIGHT TO VOTE: A COMPARATIVE PERSPECTIVE ON VOTING RIGHTS ENFORCEMENT IN A MATURING DEMOCRACY JANAI S. NELSON EMAIL COMMENTS TO: [email protected] ST. JOHN’S UNIVERSITY SCHOOL OF LAW 8000 UTOPIA PARKWAY QUEENS, NY 11439 This paper can be downloaded without charge at: The Social Science Research Network Electronic Paper Collection http://ssrn.com/abstract=1628798 DO NOT CITE OR CIRCULATE WITHOUT WRITTEN PERMISSION OF AUTHOR ———————————————————————————————————— FAIR MEASURE OF THE RIGHT TO VOTE ———————————————————————————————————— Fair Measure of the Right to Vote: A Comparative Perspective on Voting Rights Enforcement in a Maturing Democracy Janai S. Nelson ABSTRACT Fair measure of a constitutional norm requires that we consider whether the scope of the norm can be broader than its enforcement. This query is usually answered in one of two ways: some constitutional theorists argue that the scope and enforcement of the norm are co-terminous, while others argue that the norm maintains its original scope and breadth even if it is underenforced. This Article examines the right to vote when it exists as a constitutional norm and is underenforced by both judicial and non-judicial actors. First, I adopt the position that the scope and meaning of a constitutional norm can be greater than its enforcement. Second, I rely on the argument that underenforcement results not only from judicial underenforcement but also from underenforcement by the legislative and administrative actors that are obligated to enforce constitutional norms to the fullest extent. By employing these two principles, this Article analyzes the underenforcement of the right to vote that has evaded the force of some of the most liberal contemporary constitutions. -
Illustrating and Shaping Public Political Memories Through Cartoons: the 2013 Presidential Election Petition in Ghana
Illustrating and Shaping Public Political Memories through Cartoons: The 2013 Presidential Election Petition in Ghana by David Kobla Fiankor [email protected] Librarian, Ho Polytechnic Ho, Ghana Noble Komla Dzegblor [email protected] Lecturer, Mathematics & Statistics, Ho Polytechnic Ho, Ghana Samuel Kwame [email protected] Lecturer, Dept. Industrial Art, Ho Polytechnic Ho, Ghana Abstract This study discusses Ghana’s presidential election petition hearing by the Supreme Court in 2013 using available data on political cartoons under the pen name ‘Daavi’ limited to themes of the petition hearings published in the Daily Graphic newspaper to illustrate and present the proceedings and final verdict of the petition. Adopting the case study method, we purposively sampled 17 out of 25 cartoons covering the election petition published in the Daily Graphic newspaper; we applied a method of content analysis to sort the contents of the cartoons to find that the ‘Daavi’ cartoons chronologically reflected the proceedings and outcomes of the petition hearing. This study shows that political cartoons are appropriate means of communication when adequately employed, thus, we discovered the use of political cartoons as an art form and mode of communication by academics and policy makers to shape political agenda and social issues in Ghana. Keywords: political cartoons, presidential election, petition, political polarization, Ghana 240 Africology: The Journal of Pan African Studies, vol.10, no.1, March 2017 Introduction Ghana after undergoing many years of military rule fully embraced constitutional rule in 1992. Since then, Ghana has grown leaps and bounds in the realms of democracy and has become a beckon of hope for the rest of Africa. -
The Domestic Violence Bill with the Sole Aim of Mobilizing Public Support for the Passage of the Bill Into Law
African and Asian Studies A A S African and Asian Studies 7 (2008) 395-421 www.brill.nl/aas Collective Activism: T e Domestic Violence Bill becoming Law in Ghana Akosua Adomako Ampofo Institute of African Studies, University of Ghana, P.O. Box LG-73, Legon, Ghana [email protected], [email protected] Abstract T is article refl ects on contemporary struggles for citizenship rights through an examination of civil society’s advocacy for the passage of domestic violence legislation in Ghana. T e National Coali- tion on Domestic Violence Legislation, established in 2003 specifi cally to push for the passage of the legislation, at various times worked closely with, and at other times independently of, or even in confl ict with, the state. T ese processes and engagements point to the vibrancy of civil society and suggest the need for new analyses of social movements, political power and democracy that are rooted in Africa’s contemporary realities. Keywords citizenship, social movements, women’s collective action, domestic violence, domestic violence legislation Domestic Violence: Contemporary Issues Contemporary women’s movements and organisations constitute an area of prolifi c output, especially in sociology and political science. In recent years feminist scholars in the global South have focused much attention on the ways in which civil society organisations have addressed women’s rights and, fur- ther, expanded the concept of rights and contributed to the democratisation process (Moghadam, 2005). Violence against women, and gender-based vio- lence, have become an important arena for exploring the subject of women’s “rights” and citizenship (Mama, 2005), as evidenced by the annual mobilisa- tion of women globally around the theme “Sixteen Days of Activism against Gender Violence”. -
Ghana's National Reconciliation Commission and Its Relationship with the Courts,” Criminal Law Forum 15, 2004, at 125-134
OCCASIONAL PAPER SERIES Ghana’s National Reconciliation Commission: A Comparative Assessment Written by By Nahla Valji for the International Center for Transitional Justice September 2006 About the ICTJ The International Center for Transitional Justice (ICTJ) assists countries pursuing accountability for past mass atrocity or human rights abuse. The Center works in societies emerging from repressive rule or armed conflict, as well as in established democracies where historical injustices or systemic abuse remain unresolved. In order to promote justice, peace, and reconciliation, government officials and nongovernmental advocates are likely to consider a variety of transitional justice approaches including both judicial and nonjudicial responses to human rights crimes. The ICTJ assists in the development of integrated, comprehensive, and localized approaches to transitional justice comprising five key elements: prosecuting perpetrators, documenting and acknowledging violations through nonjudicial means such as truth commissions, reforming abusive institutions, providing reparations to victims, and facilitating reconciliation processes. The Center is committed to building local capacity and generally strengthening the emerging field of transitional justice, and works closely with organizations and experts around the world to do so. By working in the field through local languages, the ICTJ provides comparative information, legal and policy analysis, documentation, and strategic research to justice and truth-seeking institutions, nongovernmental organizations, governments and others. About CSVR The Centre for the Study of Violence and Reconciliation (CSVR) is an independent non- governmental organization based in South Africa whose mission is to develop and implement innovative and integrated human security interventions based upon a commitment to social justice and fundamental rights for people who are vulnerable or excluded. -
GHANA ELECTION 2008 © 2010 Friedrich-Ebert-Stiftung, Ghana
GHANA ELECTION 2008 © 2010 Friedrich-Ebert-Stiftung, Ghana All rights reserved. No part of this book may be reproduced, stored in a retrieval system, or transmitted in any form or by any means, electronic, mechanical, photocopying, recording or otherwise without the permission of the publishers. Any person who does any unauthorised act in relation to this book will be liable to criminal prosecution and claims for damages. contents page acronyms i acknowledgement ii foreword iii Chapter One: The Electoral System of Ghana 1 Chapter Two: Confidence Building Measures for the 2008 General Elections 9 Chapter Three: Preparations for Election 2008 23 Chapter Four: The Media and Election 2008 50 list of tables and figures page Table 1 Elections Observation Missions 13 for the 2008Elecctions Table 3.1 Vital Statistics on Registration for the Period 2004 - 2008 National Summary 26 Table 3.2 Vital Statistics on the 2008 Limited Voter Registration: 29 Age and Gender Distribution Table 3.3 Comparative Statistics on Voter Registration 31 Challenges between 1995 - 2008 Table 3.4 2008 Exhibition of Voters Register: 33 Age and Gender Distribution 35 Table 3.5 Presidential Candidates for 2008 Elections 35 Table 3.6 Running Mates for the 2008 Elections Table 3.7 Nomination of Parliamentary Candidates of Political Parties for the 2008 Elections 37 Table 3.8 Voter Turnout and Rejected Ballots for the 47 December 7, 2008 Elections Table 3.9 Voter Turnout and Rejected Ballots for 47 December 28, 2008 Presidential Run off acronyms COG Commonwealth Observer Group -
Country Report
Country Report Ghana August 2008 Economist Intelligence Unit 26 Red Lion Square London WC1R 4HQ United Kingdom The Economist Intelligence Unit The Economist Intelligence Unit is a specialist publisher serving companies establishing and managing operations across national borders. For 60 years it has been a source of information on business developments, economic and political trends, government regulations and corporate practice worldwide. The Economist Intelligence Unit delivers its information in four ways: through its digital portfolio, where the latest analysis is updated daily; through printed subscription products ranging from newsletters to annual reference works; through research reports; and by organising seminars and presentations. The firm is a member of The Economist Group. London New York Hong Kong The Economist Intelligence Unit The Economist Intelligence Unit The Economist Intelligence Unit 26 Red Lion Square The Economist Building 60/F, Central Plaza London 111 West 57th Street 18 Harbour Road WC1R 4HQ New York Wanchai United Kingdom NY 10019, US Hong Kong Tel: (44.20) 7576 8000 Tel: (1.212) 554 0600 Tel: (852) 2585 3888 Fax: (44.20) 7576 8500 Fax: (1.212) 586 0248 Fax: (852) 2802 7638 E-mail: [email protected] E-mail: [email protected] E-mail: [email protected] Website: www.eiu.com Electronic delivery This publication can be viewed by subscribing online at www.store.eiu.com. Reports are also available in various other electronic formats, such as CD-ROM, Lotus Notes, online databases and as direct feeds to corporate intranets. For further information, please contact your nearest Economist Intelligence Unit office. Copyright © 2008 The Economist Intelligence Unit Limited. -
Some Thoughts on Ministerial Reshuffles in Ghana
SOME THOUGHTS ON MINISTERIAL RESHUFFLES IN GHANA JOSEPH R.A. AYEE Promoting Excellence in Knowledge SOME THOUGHTS ON MINISTERIAL RESHUFFLES IN GHANA SOME THOUGHTS ON MINISTERIAL RESHUFFLES IN GHANA Joseph R.A. Ayee, PhD/FGA, Professor and Dean, Faculty of Social Studies, University of Ghana, Legon Ghana Academy of Arts and Sciences' (GAAS) Inaugural Lecture Delivered at the British Council, Accra On May 8, 2008. SOME THOUGHTS ON MINISTERIAL RESHUFFLES IN GHANA © 2009 Ghana Academy of Arts and Sciences and Friedrich-Ebert-Stiftung, Ghana All rights reserved. No part of this book may be reproduced, stored in a retrieval system, or transmitted in any form or by any means, electronic, mechanical, photocopying, recording or otherwise without the permission of the publishers. Any person who does any unauthorised act in relation to this book will be liable to criminal prosecution and claims for damages. ISBN: 9988-572-42-5 SOME THOUGHTS ON TABLE OF MINISTERIAL RESHUFFLES CONTENTS IN GHANA List of Tables iv Acknowledgments v Acronyms vii Abstract viii Introduction 1 Defining the Terms Ministers and Ministerial Reshuffles 3 Allocation of Functions: Underlying Principles 5 The Concept of Patronage 8 Motivations for Ministerial Reshuffles 11 Ministerial Tenure: The Frequency and Scale of the Reshuffles 24 Ministerial Reshuffles: Consultation and Secrecy 27 The Effects of the Ministerial Reshuffles 30 The Coping Strategies of Dismissed Ministers 36 Paradoxes of Power: The President and the Reshuffle of the Ministerial Teams 38 Conclusion: Lessons -
State Elites and the Politics of Regional Inequality in Ghana
State Elites and the Politics of Regional Inequality in Ghana A Thesis submitted to the University of Manchester for the degree of Doctor of Philosophy In the Faculty of Humanities 2012 Abdul-Gafaru Abdulai School of Environment and Development Table of Contents List of Tables 5 List of Figures 5 List of Boxes 6 List of Appendices 6 List of Abbreviations 7 Abstract 9 Declaration 10 Copyright Statement 11 Acknowledgements and Dedication 12 Chapter 1. Background and Introduction 14 1.1 Introduction 14 1.2 Research aim and questions 17 1.3 Case selection: why Ghana? 19 1.4 Ghana: A brief ethno-regional profile 20 1.5 Poverty reduction and regional inequality in Ghana 22 1.6 Theoretical perspectives on persistent regional inequalities 25 1.6.1 Perspectives of economic theorists: states versus markets 26 1.6.2 Regional inequalities and the ‘bad’ geography arguments 28 1.6.3 Persistent inequalities and regime types 31 1.6.4 Political representation and power relations 34 1.6.5 The influence and limits of aid donors 36 1.6.6 Summary 38 1.7 Social exclusion and adverse incorporation: a framework for understanding persistent regional inequalities 39 1.8 Thesis structure 45 Chapter 2. Adverse incorporation, social exclusion and regional inequality in sub-Saharan Africa: towards a methodological framework 48 2.1 Introduction 48 2.2 Regional inequality in Africa: A colonial legacy 48 2.3 Regional inequality and postcolonial African states 51 2.3.1 The neo-patrimonial nature of African states: implications for inequality 51 2.3.2 Postcolonial African states: addressing socio-economic inequalities through political inclusion? 54 2.4 Summary 61 2.5 Research design and methodology 62 2.5.1 Research methods 62 2.5.2 Research design and data 64 2.6 Conclusion 75 Chapter 3. -
Country Report Ghana at a Glance: 2005-06
Country Report Ghana Ghana at a glance: 2005-06 OVERVIEW The president, John Agyekum Kufuor, and his New Patriotic Party are expected to remain committed to donor-directed policies over the forecast period, although pressure to follow more populist policies is mounting. Economic growth in 2005, at 4.3%, will be robust and broad-based; increased gold production will compensate somewhat for setbacks in agricultural production. In 2006 higher gold and cocoa production, together with a recovery in agriculture, will lift growth to 5.6%. However, the fuel-price increase, high international oil prices, possible utility-tariff increases, food shortages caused by drought and a possible weakening in the currency, will make it difficult to bring inflation under control. The Economist Intelligence Unit forecasts average inflation of 15.7% in 2005, falling to 12.3% in 2006. Strong remittance inflows will support a narrowing of the current-account deficit from 2.7% of GDP in 2004 to 0.7% of GDP in 2005, and produce a surplus of 1.3% of GDP in 2006. Key changes from last month Political outlook • There has been no change to our political outlook. Economic policy outlook • The Bank of Ghana (BoG, the central bank) has introduced a number of reforms to the monetary policy framework. These include lower reserve requirements, which are intended to encourage greater lending to the private sector. Reforms were also made to money market instruments, including changes to repo facilities, to give the BoG more control over money supply growth, and the introduction of BoG bills to separate open market operations from auctions for the public-sector borrowing requirement. -
Country Report Ghana at a Glance: 2006-07
Country Report Ghana Ghana at a glance: 2006-07 OVERVIEW During their second term in office the president, John Agyekum Kufuor, and his New Patriotic Party (NPP) government will intensify their focus on the need to deliver a visible improvement in the standard of living of ordinary Ghanaians and on carrying out donor-supported economic reforms. However, the government will struggle to show that its policies have delivered results and may itself face divisions over who will succeed Mr Kufuor as its presidential candidate. Meanwhile, unless the opposition National Democratic Congress was to split decisively in the outlook period, the battle to win the 2008 presidential and legislative elections is likely to be extremely close. On the plus side for the government, the Economist Intelligence Unit expects real GDP growth to remain both relatively strong and broad-based over the outlook period, at 5.5% in 2006 and 5.3% in 2007. Against the background of a stable inflation rate and cedi, this will allow the NPP to campaign on the back of a sound macroeconomic record. Key changes from last month Political outlook • In late April Mr Kufuor implemented an unexpected cabinet reshuffle. This aimed to give the government more purpose in the run-up to the 2008 elections and remove from office some of the main contenders to succeed Mr Kufuor as the NPP!s presidential candidate. However, because the president has retained some contenders in office and failed to take a tough stance against ministers facing corruption allegations, the reshuffle will remain controversial and may not improve the image of the government. -
Ghana: a Country Study Within the Framework of the Evaluation of the Netherlands Government’S Policy on Tropical Rainforests
Ghana: A Country Study within the Framework of the Evaluation of the Netherlands Government’s Policy on Tropical Rainforests Jan van Raamsdonk (IOB) Francis Kojo Odoom (ARBOR Nova Ltd., Takoradi, Ghana) Marjol van der Linden (IOB) The Hague January 2008 Ghana: A Country Study within the Framework of the Evaluation of the Netherlands Government’s Policy on Tropical Rainforests ii Ghana: A Country Study within the Framework of the Evaluation of the Netherlands Government’s Policy on Tropical Rainforests Contents Acronyms and abbreviations iv 1 Introduction 6 1.1 Background and justification 6 1.2 Objectives and central questions 6 1.3 Organisation and methodology 6 1.4 Scope and limitations 7 1.5 Structure of the report 8 2 General context of Ghana 8 2.1 Political background 8 2.2 Economy 9 2.3 Ghana’s human resources 10 2.4 Poverty Reduction Strategy Paper 11 3 Forests and forestry in Ghana 12 3.1 Biophysical characteristics 12 3.2 Forest sector institutions and organisations 14 3.3 Management of land, forests and wildlife resources 20 3.4 Community participation in forest and wildlife management 28 3.5 Benefit sharing and social responsibility agreements (SRAs) 30 3.6 Production functions of the forests 31 3.7 The wood industries 36 3.8 The domestic timber market 37 4 Netherlands development cooperation with Ghana 38 4.1 General 38 4.2 The forestry sector 38 5 Netherlands support for the preservation of tropical rainforests 41 5.1 Policy dialogue 41 5.2 Natural Resource Management Programme (NRMP) 41 5.3 Validation of Legal Timber Programme -
The Politics of Traditional-Federal State Formation and Land Administration Reform in Ghana: 1821-2010
The Politics of Traditional-Federal State Formation and Land Administration Reform in Ghana: 1821-2010 Daniel Appiah PhD University of York Department of Politics May 2012 Abstract Imagine a democratic state in Africa where the Presidential-Executive and Parliament are constitutionally restrained from fundamentally reforming the institutions of land ownership and administration without the legal consent of traditional rulers (chiefs). This is the case in Ghana. Using the historical institutional theoretical approach, the study makes an original contribution to our understanding of how the political process of state formation between British colonial state makers and the rulers of traditional states in Ghana produced a type of state that I call the traditional-federal state in 1821-1831. The core legacies of this state are (i) the bifurcation of public authority between chiefs and government in the governance of land and people; and (ii) the complex interaction of informal-legal rules of customary law and formal-legal rules of common law. The study shows how these legacies have shaped institutional reforms within the dual ‘customary’ and ‘public’ sectors of land administration. The study argues that the traditional-federal state has constrained the development of transparent, accountable and efficient institutional framework of land administration. The study helps us to understand the origins and nature of the bifurcation of state authority between chiefs and government over land administration in Ghana. Secondly, the study helps us to understand the nature of institutions of chieftaincy for customary land administration. The study shows that informal-legal customary institutions of land administration are complementary to, and substitute for, the formal-legal institutions of land administration.