LEADERSHIP AND ETHICS IN THE PUBLIC SECTOR: SEMINAR SERIES

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LEADERSHIP AND ETHICS IN THE PUBLIC SECTOR
SEMINAR SERIES

• CONSOLIDATING GOOD GOVERNANCE IN GHANA LESSONS
  FROM THE LAST DECADE

by Commissioner Emile Short 20th June 2005
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Session Objective

• Examines the evolution of the democratic process
  in Ghana
• Considers whether country is making progress on
  the path of democratic consolidation
• Special attention has been paid to the role of
  the Commission on Human Rights and Administrative
  Justice (CHRAJ) in the democratic process.

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Democratic Consolidation in Ghana

• originally, the term democratic consolidation
  was meant to describe the challenge of making new
  democracies secure, of extending their life
  expectancy beyond the short term,

Andreas Schedler
of making them immune against the threat of
authoritarian regression, of building dams
against eventual reverse waves.
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THE TRANSITION

• Authoritarian military rule from December 1981

1992 CONSTITUTION

• The People vote for Constitutional Democracy
• Constitution Comes into force on 7th January 1993

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THE TRANSITION (continued)

• Provides for
• Multi-party parliamentary democracy.
• A number of Independent State Institutions
• A Bill of Rights and Freedoms consisting of
  thirty three articles
• Independent print and electronic media.

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CHRAJ
Office of the Ombudsman National human rights
commission Anti-corruption agency Enforce Code
of conduct for public officers Restore property
confiscated by military regimes
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1993-1996

• First presidential election rejected by the
  opposition
• Opposition boycotts parliamentary elections
• Acrimony over celebration of 1979 uprising and
  1981 military coup
• CHRAJ de-confiscates properties and reverses
  executive decisions

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1993-1996 (continued)

• CHRAJ investigates ministers of state for
  corruption
• enhanced public confidence
• worsened relationship with government.
• affected ministers resigned positions.
• CHRAJ undertakes human rights activities
• nationwide workshops for police and prison
  officers about the rights of suspects, accused
  persons, and convicts.
• annual inspection of prisons and police cells to
  ensure minimum standards.

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1993-1996 (continued)

• No significant gains in democratic consolidation
• One-party Parliament
• Rule of law deficits
• Little or no respect for human rights
• Little or no support for governance institutions
• Media freedom deficits

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1996-2000

• 1996 elections keenly contested.
• The elections were considered free and fair
• The opposition openly accepted defeat.
• The relative success due to active participation
  of civil society and the media.

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1996-2000 (continued)

• The electoral process suffered from flaws
• Credibility of the voters register.
• High incidence of rejected ballot papers
• Pattern of block voting along ethnic lines.

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1996-2000 (continued)

• Conclusion An imperfect democracy.
• Illegal arrests and detention by the military
• Pronouncements that democracy was impediment to
  development
• The Judiciary perceived as not being
  independent.
• The private owned media victims of government
  crackdowns,
• Journalists were prosecuted and imprisoned under
  criminal libel law

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2000-2004
2000 elections
a milestone

• Elections widely accepted as free and fair
• Historic transition of government through ballot
  box.
• Vibrant and effective opposition in Parliament
• The new Government created
• sense of greater freedom,
• environment for enjoyment of human rights and
  freedoms.
• new and healthy relationship between the police
  and the military.

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2000-2004, A Milestone (continued)

• Democratic institutions like CHRAJ did not feel
  under siege
• The rule of law was more rigidly observed
• The Judiciary began to assert its independence.
• Prosecution of former ministers of state for
  willfully causing financial loss to the state.
• CHRAJ investigated a complaint alleging conflict
  of interest against the President without
  interference or intimidation.

Democratic Consolidation
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2004 elections

• Another key milestone in Ghanas democratic
  process.
• Outcome of the polls broadly accepted by public
• President Kuffour received 52 of vote
• Minority Presidential candidate, Atta-Mills got
  44.
• The minority secured 94 of the 230 parliamentary
  seats
• Some sitting MPs from both sides of the House
  were voted out of office.
• The voter turnout high.

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Assess Democratic Consolidation
in favour

• Positive Factors
• Commitment to democracy
• Electoral system gains legitimacy.
• Power alternation from one elected civilian
  government to another
• Strong allegiance to political parties
• Increased Civil oversight of the military

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Assess Democratic Consolidation
threats

• Negative Factors
• Ethnic regional voting.
• Deteriorating relationship between the former and
  the present President.
• Corruption on the increase.
• Poverty and unemployment
• Need for greater civic education about the
  dynamics of democracy

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Conclusion

• Ghana a functional democracy
• Vibrant print and electronic media
• Dynamic civil society organisations
• Parliamentary democracy
• vibrant opposition in Parliament,
• multi-party democracy.

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Conclusion (continued)

• The people have sustained enthusiasm to political
  pluralism, democracy, and the rule of law.
• Ghanas democracy a showcase for the West
  African sub-region.
• Professor Clapham, University of Cambridge,
• democracy always a work-in-progress
• The people are safest guarantee of our democracy.