LEADERSHIP AND LEADERSHIP AND ETHICS IN THE PUBLIC ETHICS IN THE PUBLIC

SECTOR: SEMINAR SECTOR: SEMINAR SERIES SERIES

CONSOLIDATING GOOD GOVERNANCE CONSOLIDATING GOOD GOVERNANCE IN GHANA: LESSONS FROM THE LAST IN GHANA: LESSONS FROM THE LAST

DECADEDECADE

by

Commissioner Emile Short

20th June 2005

Session ObjectiveSession Objective

Examines the evolution of the Examines the evolution of the democratic process in Ghana democratic process in Ghana

Considers whether country is Considers whether country is making progress on the path of making progress on the path of democratic consolidationdemocratic consolidation

Special attention has been paid Special attention has been paid to the role of the Commission on to the role of the Commission on Human Rights and Administrative Human Rights and Administrative Justice (CHRAJ) in the democratic Justice (CHRAJ) in the democratic process. process.

Democratic Consolidation Democratic Consolidation in Ghanain Ghana

originally, the term originally, the term “democratic “democratic consolidation” was meant consolidation” was meant to describe the challenge to describe the challenge of making new of making new democracies secure, of democracies secure, of extending their life extending their life expectancy beyond the expectancy beyond the short term, short term, of making them immune against the of making them immune against the threat of authoritarian regression, of threat of authoritarian regression, of building dams against eventual building dams against eventual “reverse waves”.“reverse waves”.

Andreas SchedlerAndreas Schedler

THE TRANSITIONTHE TRANSITION Authoritarian military rule Authoritarian military rule

from December 1981from December 1981

•The People vote for The People vote for Constitutional DemocracyConstitutional Democracy

•Constitution Comes into Constitution Comes into force on 7force on 7thth January 1993 January 1993

THE TRANSITION THE TRANSITION (continued)(continued)

– Provides for:Provides for:– Multi-party parliamentary Multi-party parliamentary

democracy. democracy. – A number of Independent State A number of Independent State

Institutions Institutions – A Bill of Rights and Freedoms A Bill of Rights and Freedoms

consisting of thirty three articlesconsisting of thirty three articles– Independent print and electronic Independent print and electronic

media. media.

Office of the OmbudsmanOffice of the OmbudsmanNational human rights National human rights commission commission Anti-corruption agencyAnti-corruption agencyEnforce Code of conduct Enforce Code of conduct for public officers for public officers Restore property Restore property confiscated by military confiscated by military regimesregimes

1993-19961993-1996 First presidential election rejected First presidential election rejected

by the oppositionby the opposition Opposition boycotts parliamentary Opposition boycotts parliamentary

electionselections Acrimony over celebration of 1979 Acrimony over celebration of 1979

uprising and 1981 military coupuprising and 1981 military coup CHRAJ de-confiscates properties CHRAJ de-confiscates properties

and reverses executive decisions and reverses executive decisions

1993-1996 (continued)1993-1996 (continued)CHRAJ investigates ministers of state for CHRAJ investigates ministers of state for corruptioncorruption– enhanced public confidence enhanced public confidence – worsened relationship with government. worsened relationship with government. – affected ministers resigned positions.affected ministers resigned positions.

CHRAJ undertakes human rights activities CHRAJ undertakes human rights activities – nationwide workshops for police and nationwide workshops for police and prison officers about the rights of prison officers about the rights of suspects, accused persons, and convicts. suspects, accused persons, and convicts.

– annual inspection of prisons and police annual inspection of prisons and police cells to ensure minimum standards.cells to ensure minimum standards.

1993-1996 (continued)1993-1996 (continued)

No significant gains in democratic No significant gains in democratic consolidationconsolidation

““One-party” ParliamentOne-party” Parliament Rule of law deficitsRule of law deficits Little or no respect for human Little or no respect for human

rightsrights Little or no support for governance Little or no support for governance

institutionsinstitutions Media freedom deficitsMedia freedom deficits

1996-20001996-2000

1996 elections keenly contested. 1996 elections keenly contested. The elections were considered The elections were considered

free and fairfree and fair The opposition openly accepted The opposition openly accepted

defeat. defeat. The relative success due to The relative success due to

active participation of civil active participation of civil society and the media. society and the media.

1996-2000 (continued)1996-2000 (continued)

The electoral process suffered The electoral process suffered from flaws:from flaws:– Credibility of the voters register. Credibility of the voters register. – High incidence of rejected ballot High incidence of rejected ballot

papers papers – Pattern of block voting along ethnic Pattern of block voting along ethnic

lines. lines.

1996-2000 (continued)1996-2000 (continued)Conclusion: An imperfect democracy. Conclusion: An imperfect democracy. – Illegal arrests and detention by the Illegal arrests and detention by the military military – Pronouncements that democracy was Pronouncements that democracy was impediment to development impediment to development – The Judiciary perceived as not being The Judiciary perceived as not being independent. independent. – The private owned media victims of The private owned media victims of government crackdowns, government crackdowns, Journalists were prosecuted and Journalists were prosecuted and imprisoned under criminal libel lawimprisoned under criminal libel law

2000-20042000-2004 Elections widely accepted as free and Elections widely accepted as free and

fair fair Historic transition of government Historic transition of government

through ballot box. through ballot box. Vibrant and effective opposition in Vibrant and effective opposition in

Parliament Parliament The new Government created The new Government created

– sense of greater freedom, sense of greater freedom, – environment for enjoyment of human environment for enjoyment of human

rights and freedoms. rights and freedoms. new and healthy relationship between new and healthy relationship between

the police and the military.the police and the military.

2000-2004, A Milestone 2000-2004, A Milestone (continued)(continued)

Democratic institutions like CHRAJ did Democratic institutions like CHRAJ did not feel under siege not feel under siege

The rule of law was more rigidly The rule of law was more rigidly observed observed

The Judiciary began to assert its The Judiciary began to assert its independence.independence.

Prosecution of former ministers of state Prosecution of former ministers of state for willfully causing financial loss to the for willfully causing financial loss to the state. state.

CHRAJ investigated a complaint alleging CHRAJ investigated a complaint alleging conflict of interest against the President conflict of interest against the President without interference or intimidation.without interference or intimidation.

2004 elections2004 elections Another key milestone in Ghana’s Another key milestone in Ghana’s

democratic process. democratic process. Outcome of the polls broadly Outcome of the polls broadly

accepted by public accepted by public President Kuffour received 52% of President Kuffour received 52% of

vote vote Minority Presidential candidate, Atta-Minority Presidential candidate, Atta-

Mills got 44%. Mills got 44%. The minority secured 94 of the 230 The minority secured 94 of the 230

parliamentary seatsparliamentary seats Some sitting MPs from both sides of Some sitting MPs from both sides of

the House were voted out of office. the House were voted out of office. The voter turnout high.The voter turnout high.

Assess Democratic Assess Democratic Consolidation Consolidation

Positive FactorsPositive Factors– Commitment to democracy Commitment to democracy – Electoral system gains legitimacy. Electoral system gains legitimacy. – Power alternation from one elected Power alternation from one elected civilian government to anothercivilian government to another

– Strong allegiance to political parties Strong allegiance to political parties – Increased Civil oversight of the Increased Civil oversight of the militarymilitary

Assess Democratic Assess Democratic ConsolidationConsolidation

Negative FactorsNegative Factors

Ethnic regional voting. Ethnic regional voting. – Deteriorating relationship between Deteriorating relationship between

the former and the present the former and the present President. President.

– Corruption on the increase. Corruption on the increase. – Poverty and unemployment Poverty and unemployment – Need for greater civic education Need for greater civic education

about the dynamics of democracyabout the dynamics of democracy

ConclusionConclusion

Ghana a functional democracy Ghana a functional democracy Vibrant print and electronic mediaVibrant print and electronic media Dynamic civil society Dynamic civil society

organisations organisations Parliamentary democracy Parliamentary democracy

– vibrant opposition in Parliament, vibrant opposition in Parliament, – multi-party democracy.multi-party democracy.

Conclusion (continued)Conclusion (continued)

The people have sustained The people have sustained enthusiasm to political pluralism, enthusiasm to political pluralism, democracy, and the rule of law.democracy, and the rule of law.

Ghana’s democracy a “showcase” for Ghana’s democracy a “showcase” for the West African sub-region. the West African sub-region. – Professor Clapham, University of Professor Clapham, University of

Cambridge, Cambridge, democracy always a work-in-progress democracy always a work-in-progress The people are safest guarantee of The people are safest guarantee of

our democracy.our democracy.