Development and Rights

It is the responsibility of government to ensure that people realise all of their psyco-socio-economic potentials in a country. Creating an environment for people to enjoy freedom from fear and want and lead a life of dignity is critical to good governance. The situation where citizens’ rights are abused violently or through the manipulation of the legal system such as the judiciary, and persistent exhibition of deception which inhibit informed choices and decisions by public undermines individual and national development. Knowledge based on accurate information is crucial to development. Where information from the government is perceived to be saddled with lies by the public, sound decisions and judgments by the public and the business community is compromised. Honesty and truth are fundamental elements of good governance.

Good governance works towards citizens claiming socio-economic rights. Development is not confined to only statistical figures intended to satisfy donors but should reflect in every facet of national life. Genuine development is demonstrated in citizens’ welfare and socio-economic expansion and sustainability. Achieving this goal require greater attention to the plight of the citizens (rural farmers, the marginalised and the poor), whose subsistence is directly linked to the natural resources around them. It is therefore necessary to ensure and support local production and expansion. It is in this regard that the Millennium Declaration and MDGs become important policy pledges that assist citizens to seek accountability from power holders in governance. However, the situation where governments commit nations to bilateral and multi-lateral agreements that seeks to destroy critical areas of countries’ production and economy must be carefully examined. The Millennium Challenge Account (MCA) which the government of Ghana has agreed to, and the controversial European Union –ACP agreement being proposed on the corridors of ECOWAS must be subject to public debate and scrutiny as they have the potential of debilitating the whole or larger sections of the African economy.

Furthermore distribution of national budgets should have the capacity of being measured in regional and district terms. Budget tracking is important to discover the regions and districts that have been deprived of equitable distribution. Under the current democratic dispensation in Ghana, some government officials or representatives have gone on record saying that some regions or districts will be deprived of their share of the national ‘cake’ as long they oppose some policies of the government in power. In Ghana, it is generally perceived that national programmes and development projects are allocated on the basis of political party loyalty and support to the neglect of national interest and relevance. The regions that are perceived to be loyal to the party in government of the day are rewarded with basic services and greater access to opportunities.

Individual Rights

A judiciary that is seen to be firm and fair is critical to good governance. The judiciary should be seen to be above politics and must be dedicated to safeguarding the rights of all individuals irrespective of the person’s political colouring, ethnic and social class. The rights-based approach to governance requires the monitoring of the judicial delivery system and the executive. Monitoring institutions of governance such as the legislature, executive, judiciary and the media is crucial in asserting and advancing rights by reinforcing accountability. The legal system should not be used as a tool to persecute political opponents and to deprive citizens of their political and economic rights.

It is therefore worrisome when a government publicly declares to decimate opposition party through judicial trials. In Ghana for example, this agenda, was alleged to have been made by the Senior Minister, Honourable J.H. Mensah in 2001. The unprecedented re-empanelling of the Supreme Court by the President in 2001 to over rule an earlier Supreme Court decision in favour of Tsatsu Tsikata, the jailing of former National Democratic Congress (NDC) Ministers under a law which still remains controversial and ambiguous to a larger section of the Bar and the public are perceived to have given credence to Honourable J. H Mensah’s declaration.

The property or economic rights of citizens must be protected at all cost under good governance. That is why the controversial ‘confiscation’ or seizure of seventy vehicles at the Tema Port from decent and hardworking citizens of Ghana under the pretence of National Security without passing through the constitutionally established institutions like Customs Excise and Preventive Service (CEPS) and the courts, procedures deprives the citizens of their economic rights. It is an affront to good governance and also reminiscent of the days of military adventure in our body politics.

Participation

The monitoring of governance is dependent on citizens participating in governance, policymaking and influencing socio-political and economic processes. Primarily, participation must result in power sharing and the ability to influence the process and outcome of decision-making. For political participation to be effective, it requires socio-political mobilisation, knowledge, and capacity to monitor governance. It must be rooted in knowledge-based activism and grassroots mobilisation.

For governance structures to be effective, they must subsist on a politically conscious, active, organized and alert civil society. It is necessary for civil society to possess a good understanding of the existence and functions of the different political institutions, their powers, and the constitutional limits to their power. Most African leaders both dictators and democratic governments generally prefer an uninformed and passive citizens as they are easily prone to manipulation. The results of the activities and decisions of such ignorant citizens are then displayed as peoples’ participation to win the approval of the donor community.

This is where the objectivity of the media is paramount. Unfortunately, the present media landscape in Ghana and most African countries cannot be said to be commendable. In Ghana for example, the media fought and continue to fight each other as a section is seen to be compromised by the government. The section of media that is perceived to be critical of government or opposed to some government decisions is tagged as anti-government and opposition paper. Some of these perceived opposition print media and their editors have been deliberately excluded from taking part in the morning paper reviews on some radio and TV stations. Furthermore, critical national discussions on some electronic media have been and continue to be lopsided. There were circumstances where perceived opposition FM radio stations have been closed down or threatened with closure. These developments have significant negative impact on the political landscape of the country. Vibrant and unbiased media is crucial to participation in governance and knowledge capacity building of the citizenry. Good governance is defeated when the public has the least perception of government monetarily influencing some section of the media to peddle lies and also as a propaganda machine to attain parochial political interests.

The media, which is the fourth estate of the realm must be allowed to operate in an environment devoid of intimidation. Government has the responsibility to protect free speech and free expression of opinions. It is therefore of great worry when the Ashanti Youth Association (AYA), and Ashanti United Front (AUF) declared some of our seasoned and respected journalists (Messrs. Kwesi Pratt (Jnr), Raymond Acher and Ken Kuranchi) as ‘fugitives’ and who must be annihilated. The deafening silence of the NPP administration and ineptness of the Police Service in handling this important matter does not portend good governance.

The opposition parties have also been inept in educating the populace on pertinent socio-political and economic issues but have resorted to petty partisan politics and defensive press conferences which have not help the citizenry in making political choices and decisions. There has not been sustained education of the public on socio-political and economic issues that affects the country at all levels from the opposition parties.

Democracy is much more than casting votes after every few years. Indeed balloting is only a canticle in the orchestra of democratic governance. Unfortunately, this seems to be the trump card for Western Donors. The tenets of democracy entail attitude of tolerance, and willingness to consider the views of others and to cooperate with others on terms of equality. Essential ingredient in the bowl of democracy is equality of all people and applying all the laws of the land to all without exception. The constitution which provides methods by which people can without recourse to violence control the government must be respected. Amendments should go through thorough consultation and deliberation and consensus. The circumstances surrounding the amendment of the Representation of the Peoples Act (ROPAA) in 2006, and the brutal assault of the ROPAA demonstrators by the Police as a means of repressing and suppressing opposing views are considered as a dent in our journey on the path of democratic governance.

Furthermore, the public outcry of Ghanaians against the Golden Jubilee logo which lacks national form and character has been ignored. The national flag and the coat of arms which are symbols of national unity have been relegated in favour of an Adinkra symbol which is a symbol of one of the many ethnic groups in Ghana. (Daily Graphic Wednesday, October 25, 2006, and Wednesday, November 29, 2006). The deliberate exclusion of large sections of the public including all the opposition parties, the exclusion of very important histories and historical sites, personalities of Ghana etc. during this important Golden Jubilee celebration critically undermines the unity that is needed for national growth.

Corporate Accountability

Multi-National Corporations (MNCs) increasingly influence economic governance. In an effort to attract Foreign Direct Investments (FDI) into developing economies, economic governance is gradually assuming primacy over socio-political governance. The foremost movers and designers of economic governance are however, the unaccountable and non-transparent multinational corporations. The MNCs control or greatly influence the market and the media and flourish on unaccountable and unjust governance systems. Unjust governance systems result in stakeholders (shareholders, consumers, communities and employees) of these MNCs getting marginalised and are unable to seek accountability from such Corporations. According to John Samuel, (InfoChange News & Features, November 2004), ‘seeking accountability and monitoring the action and governance of the big corporations will challenge their influence on institutions of governance within the State and also force accountability within the market.’ These MNCs thrive on malleable Trade Unions and therefore influences governments or government officials to weaken the power of Trade Unions. The recent allegation that some oil companies paid huge sums of money to the government of Nigeria to suppress people of the Delta region who are fighting for their socio-political and economic rights undermines good governance in Africa. In Ghana for instance, a number of abuses by the mining sector to employees, communities, water bodies (environment) etc. are hurriedly suppressed by the government or the media. Furthermore, big corporations have survived by keeping workers as casuals for several years which is a breach to the Ghanaian labour law.

Global Governance

The emergence of new international institutions that wield more power than governments in the developing world since 1980s requires critical examination. Institutions such as the IMF, World Bank, World Trade Organisation (WTO) and various regional banks and institutions such as the African Development Bank tend to seek accountability from national governments for the economic and particular political conditions they imposed on them. Conditions imposed on national governments by these ‘supranational governments’ directly alter the course of nations and impact on the lives of citizens. Nevertheless, these supranational institutions are inherently unaccountable and undemocratic in character and therefore are unanswerable to the citizens of countries.

The conundrum is that, when undemocratic and unaccountable institutions like the World Bank, IMF etc. seeks accountability and good governance from national governments, they advance unequal and unjust power relations which is patriarchal. Any unequal and unjust relations perpetuate poverty.

Between 2005 and 2006, the World Bank investigated 400 fraud and corruption cases involving bank – financed projects and sanctioning over 100 entities for engaging in wrong doing (World Bank Website). However, since 1999 the World Bank is reported to have sanctioned 338 firms and individuals. Where the fraud and corruption is as a result of staff misconduct the Bank’s Sanctions Board and the Human Resource Services takes appropriate actions. However, government officials involved in the fraud and corruption are referred to ‘authorities of relevant member countries.’

The fact however remains that, in most cases, governments of member countries have never taken any legal actions against government officials. Such corrupt officials continue to remain at post to perpetuate their crime. The debt which as a result of corruption was not used for the project intended to alleviate poverty of the marginalised, will continue to be serviced by the taxes of the poor thereby perpetuating poverty and bad governance. Democratisation and accountability of supranational institutions should be a precondition for fighting unjust governance and poverty.

The Emergence of ‘Democratic Coups’

A strong State is attainable through the full consent of at least the majority of its people. That full consent whichever form it takes is true democracy. Every true democracy is subject to the constitution which is the supreme law of the land. In that case all heads of state swear to honour and protect the constitution. A conscientious reverence for the constitution is the basis of the principle of the rule of law. Unfortunately, Presidents and members of governments, as soon as they are sworn into office seek to amend the constitution in their own favour, despite the fact that they have sworn to honour the provisions of the constitution.

At present, Africa is littered with many presidents who have lengthened the number of their terms after being democratically elected, despite the limit laid down in the constitution which they swore to uphold. This is a democratic coup. It undermines the very essence of the constitution and cheapens the constitution as the law of the land. It is impossible and impracticable to claim to have reverence for the ordinary laws of the country when the constitution under which those laws are promulgated is undermined. In fact as President Nyerere bluntly puts it, ‘No Respect for the Constitution leads to No Basis for the Rule of Law.’

Electoral Systems

The manner in which governments organise elections and determine winners also affects participation in governance. Incumbent governments in Africa have carefully planned elections in such a manner as to entrench themselves or their parties in power. In Togo for example, during the last Presidential elections, government armed forces were caught on camera and video brutalising electorates in perceived strongholds of the opposition and ballot boxes carted into oblivion. Interestingly, ECOWAS monitoring declared the election as free and fair.

In Ghana for instance, a prominent NPP member was recorded on tape alleged to have stated that, the party has Action Troopers (the equivalent of the Ku Klux Klan (KKK) of 1861–1865), which uses violence and intimidation to prevent suspected opposition party members and sympathizers from voting. They are further used to steal ballot boxes and stuff them with already thumbprint ballot papers to influence the final result. The case of Pru Constituency in 2004 Presidential and parliamentary elections is seen as one of the examples to have given credence to the work of Action Troopers.

Furthermore, it has been alleged by the opposition parties that, subtle means have been used under the present administration to deny electorate in perceived strongholds of the opposition parties of their votes. Artificial shortages of voting equipment (camera) and voting materials were said to have been created in the perceived opposition constituencies. These developments are not common to Ghana and Togo alone. It is the new coup that is sweeping across Africa.

Historical Perspective

It is a general belief that a continuous repetition of an activity results in a pattern, and that can be used to determine the character of a person or a group of people. In determining the nature of a people, Aristotle distinguished between dialectic approach (testing opinions for logical consistency) and analytic approach (working deductively from principles resting on experience and precise observation). Furthermore, in metaphysics a person may choose to construct theories on the basis of priori knowledge (knowledge derived from reason alone) or a posteriori knowledge (knowledge gained by reference to the facts of experience). I have decided to rely on analytic and posteriori approaches to examine some historical antecedents of the NPP which bothers on good governance.

The NPP government takes its root from the Ashanti Confederacy, which gave birth to the National Liberation Movement (NLM), headed by Abrefa Busia, (the military wing of NLM, the National Liberation Council (NLC) conspired with the CIA to overthrow Dr. Kwame Nkrumah). The NLC choreographed a semblance of democratic election (the dominant ideology of social democracy or Nkrumaism was expropriated from the 1969 general elections) and handed over power to the Progress Party (PP) headed by Abrefa Busia. To buttress my point that the 1969 general election was choreographed, Busia was the Chairman of the National Advisory Committee of the NLC. Furthermore, after the election, Busia became prime minister when the National Assembly met in September, 1969. An interim three-member presidential commission, composed of Major Afrifa, Police Inspector General Harlley of the NLC, and the chief of the defense staff, Major General A.K. Ocran, served in place of an elected president for the first year and a half of civilian rule.

The expropriation of the Convention Peoples Party which was formed by Kwame Nkrumah, significantly altered the political course of Ghana. Indeed that was the first time after the overthrow of Kwame Nkrumah that good governance was sacrificed under a democratic dispensation. This was a democratic coup, in the sense that, it altered the socio-political and economic course the country would have taken if the CPP ideology was allowed to fully participate in the “democratic process.” The popularity of the CPP ideology was proven when the PNP (an offshoot of CPP) headed by Dr. Hilla Liman defeated the PFP (an offspring of UP) headed by Victor Owusu in the 1979 general elections. For the sake of history, there has never been a United Party (UP) tradition. I want to emphasise that the UP was a party not a tradition. The UP was only an amalgamation of parties that came together to pitch their strength against the CPP in the 1956 general election. The NLM, Northern Peoples Party (NPP), and other minority parties merged as the United Party under the leadership of K. A. Busia and other opposition figures. The NLM had a very violent past which was characterised by murder, rape and wanton destruction. This was the period which is referred to in our political history as the days of ‘matemaho.’ The ‘promulgation’ of UP as a tradition was to distort history and an attempt to escape from their past history or character.

Immediately after the elections, Komla A. Gbedemah , the leader of National Alliance of Liberals (NAL), was barred from taking his seat in the National Assembly by a Supreme Court decision involving those CPP members who had been accused of financial crimes. The by the successful barring of Gbedemah even from membership in the new Assembly, a seat he had overwhelmingly won in his district enfeebled the opposition parties.

Gbedemah retired permanently from active participation in politics. The idea was to bar any opposing views to the PP agenda. The NAL the largest opposition party was left without a strong leader. In October 1970, NAL absorbed the members of three other minor parties in the assembly to form the Justice Party (JP) under the leadership of Joseph Appiah. Their combined strength constituted what amounted to a southern bloc with a solid constituency. For fear of subjugation of its members the opposition Justice Party’s basic policies did not differ significantly from those of the Busia administration. The same strategy that was used to cow NAL into oblivion is being adopted by the National Patriotic Party (NPP) which is the fourth generation of the NLM. Honourable J. H. Mensah, Senior Minister was then the Finance Minister under the PP. and H. E. J. A Kuffour, the present President was a Deputy Foreign Minister under the PP administration. The prolong trials and jailing of leading members of the National Democratic Congress (the late Victor Selormey, Pepra, Ibrahim Adam, Honourable Abodakpi, Tsatsu Tsikata, and Nana Konadu Agyeman Rawlings) can deductively be equated to the intolerant nature of the PP tradition which is repeated under the NPP administration. I am not by this statement demeaning the credibility of our judiciary. However, the singular statement made the Honourable Senior Minister, J. H Mensah in 2001 undermines the credibility of the decisions of our courts involving the opposition party members.

The only credible opposition left to ensure good governance of the Progress Party was the Trade Union Congress. Austerity measures imposed by Busia precipitated protests from the Trade Union Congress. In response, the Progress Party (PP) (which President Kuffour and J. H. Mensah served as Ministers) sent the army to occupy the Trade Union Congress headquarters and to block strike actions--a situation that some perceived as negating the government's claim to be operating democratically. (Ref; The Federal Research Division of the Library of Congress, Country Studies/Area Handbook Program). This coupled with the infamous Salla’s case and the infamous ‘no court’ declaration by the Prime Minister Busia on Sallas’ victory against the Busia government is no different from the re-empanelling the Supreme Court by President Kuffour to over rule an earlier Supreme Court decision in favour of Tsatsu Tsikata.

The impasse between National Association of Graduate Teachers (NAGRAT) and no work no pay approach of the government against NAGRAT exhibits certain degree of consistency in the style of governance of the NLM tradition. The repression of labor movements by the NPP is to ensure that industrial relations would not stand in the way of their political agenda. This seemingly authoritarian posture of the NPP regime will not only repress the labour front but subtly subdue its participation in the political system.

I have drawn on an analytical inference to prove consistency in group character. I have deductively worked from principles resting on past experiences and precise observations to prove consistency. This is necessary in the sense that, as the country charts its democratic course, the citizens should be knowledgeable of group characters of all political parties in order to dedicate themselves to electing parties that will champion their socio-political and economic course.