... as CHRAJ launches 10th anniversary
Mr. Emile Francis Short, Commissioner on Human Rights and Administrative Justice (CHRAJ), on Wednesday said corruption was still widespread in Ghana in spite of the seemingly upward movement of the country on the Transparency Corruption Index ladder for the year 2002.
He said in spite of the modest achievements recorded by the Commission and the Ghana Anti-Corruption Coalition (GACC), corruption was still one of its daunting challenges. Commissioner Short made the remark in Accra, at the launching of the tenth anniversary celebrations of CHRAJ in Accra.
The weeklong celebrations would begin with a number of activities in Accra, and the regions from September 15, this year, on the theme “Ten Years of CHRAJ, Achievements, Prospects and Challenges.”
He said the constitutional provisions, which gave the Attorney-General the prerogative to prosecute all criminal cases, including corruption, constituted another challenge to the Commission.
He said the joint holding of the position of the Attorney-General and Minister of Justice, who is also a member of cabinet, should be separated because it was unrealistic to expect the Attorney-General, who was a member of the Executive, and a member of the ruling party to fearlessly prosecute public officers in the ruling party against whom recommendations had been made by anti-corruption bodies.
Mr. Short said the CHRAJ had recommended that it should be empowered, like its Ugandan counterpart, to prosecute persons against whom it had made adverse findings of corruption, or other criminal offence without recourse to the Attorney-General as required by the Constitution and its enabling Act.
The Commissioner however noted the positive developments, including the draft Freedom of Information Bill and the Whistleblower Protection Bill, which he said had the support of government.
He expressed the hope that the draft Procurement Bill, which Government was promoting, would encourage transparency in the award of contracts, adding that the Commission welcomed the establishment of the Office of Accountability.
Mrs. Leonora Kyerematen, Co-ordinator of the National Governance Programme, said the non-enforcement of Article 284 of the Constitution, on conflict of interest should be a shared responsibility.
She said conflict of interest, self-seeking, rent seeking and abuse of pubic trust were endemic, but the amorphous mandate of CHRAJ seemed to have stymied action.
Mrs. Kyerematen said officials had been transferred or allowed to resign just when the Commission seemed to be closing in on them, adding that recently concluded findings and recommendations on high profile cases could not be enforced because they were stacked in the backlog of the judicial appeal process.
Ms. Gloria Akufo, Deputy Attorney General and Minister of Justice, said the Ghana’s legal system was wanting in many respects, becoming a disincentive in attracting investment.
Ms. Akufo reiterated that Government was committed to create a sound legal and judicial environment to consolidate democracy, check internet fraud and boost investor confidence.
Mr. Justice Dixon Kwame Afreh, a retired Supreme Court Judge, said the CHRAJ, a human rights body, an Ombudsman, and also an administrative justice and anti-corruption body, it could do its work better if it was divided into three bodies and adequately resourced.
He noted that it would be unfair and pre-judgemental to conclude that the newly established Office of Accountability would cover up graft among government office holders without recourse to the mandate, and also when the office was yet to start its work.
