LEADERSHIP AND ETHICS IN THE PUBLIC SECTOR: SEMINAR SERIES CONSOLIDATING GOOD GOVERNANCE IN GHANA: LESSONS FROM THE LAST DECADE by Commissioner Emile Short 20 th June 2005

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

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

THE TRANSITION Authoritarian military rule from December 1981 Authoritarian military rule from December 1981 The People vote for Constitutional DemocracyThe People vote for Constitutional Democracy Constitution Comes into force on 7 th January 1993Constitution Comes into force on 7 th January 1993

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.

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

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

(continued) CHRAJ investigates ministers of state for corruption CHRAJ investigates ministers of state for corruption – enhanced public confidence – worsened relationship with government. – affected ministers resigned positions. CHRAJ undertakes human rights activities 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.

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

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

(continued) The electoral process suffered from flaws: The electoral process suffered from flaws: –Credibility of the voters register. –High incidence of rejected ballot papers –Pattern of block voting along ethnic lines.

(continued) Conclusion: An imperfect democracy. 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

Elections widely accepted as free and fair Elections widely accepted as free and fair Historic transition of government through ballot box. Historic transition of government through ballot box. Vibrant and effective opposition in Parliament Vibrant and effective opposition in Parliament The new Government created 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. new and healthy relationship between the police and the military.

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

2004 elections Another key milestone in Ghana’s democratic process. Another key milestone in Ghana’s democratic process. Outcome of the polls broadly accepted by public Outcome of the polls broadly accepted by public President Kuffour received 52% of vote President Kuffour received 52% of vote Minority Presidential candidate, Atta-Mills got 44%. Minority Presidential candidate, Atta-Mills got 44%. The minority secured 94 of the 230 parliamentary seats The minority secured 94 of the 230 parliamentary seats Some sitting MPs from both sides of the House were voted out of office. Some sitting MPs from both sides of the House were voted out of office. The voter turnout high. The voter turnout high.

Assess Democratic Consolidation 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

Assess Democratic Consolidation 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

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

Conclusion (continued) The people have sustained enthusiasm to political pluralism, democracy, and the rule of law. The people have sustained enthusiasm to political pluralism, democracy, and the rule of law. Ghana’s democracy a “showcase” for the West African sub-region. Ghana’s democracy a “showcase” for the West African sub-region. –Professor Clapham, University of Cambridge, democracy always a work-in-progress democracy always a work-in-progress The people are safest guarantee of our democracy. The people are safest guarantee of our democracy.