General News of Tuesday, 23 September 1997

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Quality Of Administrative Justice Determines Democratic Culture - Dr. Asante

Accra, (Greater Accra) 22 Sept., The fifth African Regional Ombudsman Conference opened in Accra today with an observation that the quality of administrative justice in a country is a key index of its democratic culture. Nana (Dr.) S.K.B. Asante, chairman of the Ghana Arbitration Centre, stressed that ''no government or agency can claim to be democratic if it tolerates abuse of power by its officials and does not compel strict adherence to the highest standards of accountability, transparency, procedural fairness and due process''. The four-day conference which is under the theme "The Importance of Administrative Justice in the Democratisation Process in Africa'', was opened by President Jerry John Rawlings. Delegates from 17 African countries are attending the conference. Pakistan is attending as an observer. Nana Asante pointed out that administrative justice should not be limited to public officials alone. This is because the vast majority of ordinary citizens are affected in their daily lives by some kind of administrative action emanating from a government ministry, department or agency. ''Administrative justice becomes pertinent when an individual wants to secure a driver's licence, a building permit, a government contract, consent to a land transaction or access to market stalls and other facilities for business, or fair and equitable tariff rates. ''It hardly needs elaboration that administrative decisions intimately affect the lives of most people and have profound implications for the democratic process''. Nana Asante, chairman of the Committee of Experts which drafted the 1992 constitution, said no country could truly boast of a democratic system or the rule of law if its dealings with public officials or ordinary citizens are characterised by arbitrary and abusive decision-making and the lack of transparency and accountability. He said good governance subsumes a viable system of administrative justice adding that resounding affirmations of a commitment to democracy by ministers and other top executives in the public sector are meaningless unless they are reflected in a sensitive and humane system of administrative justice for individuals. An administration which mistreats its employees and denies its citizens basic facilities and services through a chaotic and arbitrary system of decision-making cannot have any pretensions towards democratisation. He urged the delegates to discuss effective mechanisms for ensuring a viable system of administrative justice on the continent. Mr. Emile Short, Ghana's Commissioner on Human Rights and Administrative Justice (CHRAJ), said the theme of the conference was chosen in recognition of the democratisation process currently sweeping across the continent. ''As emerging African democracies move towards consolidation of the democratic process, the role of the Ombudsman in promoting public accountability, freedom, equality and justice becomes very crucial''. Mr. Short said while stressing the important role of the Ombudsman in ensuring that public administration is just, honest and efficient, ''we must constantly turn the searchlight on ourselves to make sure that we maintain the highest standards of integrity and impartiality''. Some of the topics to be treated are ''The importance of administrative justice in the democratisation process in Africa'', ''The experience of Ghana in the area of administrative control'' and ''Code of ethics for public officials: The African experience''.