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EDITORIAL: Petition Screening At The NRC

Mon, 16 Sep 2002 Source: Concord

WHEN THE National Reconciliation Commission (NRC) started its work about two weeks ago, it announced the procedure it had approved to fulfil its assigned task of reconciling the nation.

It said that its own trained personnel would take down complaints, its own specially trained investigators would go into each complaint to establish that what had been alleged reasonably took place and then the findings of the investigators would be passed onto NRC?s assessors or lawyers, who would recommend whether or not the commission in session should hear the complainant. There may have been many a Ghanaian who probably had a fleeting thought about possible over-jealous screening that could shut out some petitioners. But they may have also reasoned that the NRC, with its composition of solid legal, military and other brains may have done due diligence in the recruitment of personnel whose sense of fairness and a proper appreciation of the crucial of the NRC, would not permit such capriciousness.

However, NDC General Secretary Nii Armah Josiah-Aryeh went public last Friday with the same fear; that the screening behind doors could lead to windows of restriction.

That, of course, has given the issue a political colouration, which must be handled carefully.

It will be recalled that during the debate on the NRC enabling Act, the NDC insisted on all periods of governance in this country - civilian or military - being x-rayed.

In order not to derail the reconciliation train, a window of opportunity was created for complaints of human rights abuses during periods of civil rule. And behold what did we see when the NRC started work? A victim of the Kulungugu bomb that occurred during the First Republic was among the first complainants. With this gift of hindsight, the National Concord would suggest that the complaint, this time too, should be considered in the interest of the stated objective of the NRC -reconciliation of a polarised polity. Let us not give the opportunity to anyone to say that the window of opportunity offered at the drafting stage was shut at the screening stage. The NRC?s assessors as human being are political animals. There could be the temptation for someone?s good judgement to be overcrowded by his or her political sympathies.

We would advise that the procedure as outlined by the NRC should continue. However, the assessors? reasons for rejecting a petition should be publicly stated at the commission-in-session, with the complainant being offered the opportunity to rebut. It should be a sort of trail within a trial, at the end of which the commission will give a ruling.

If really Ghanaians are polarised, it has not just started. It could be at least 40 years old, although it may have been excruciated in the last decade or two. Therefore, the effort to reconcile the nation within the agreed time frame should not be set in concrete. As many as a six-month extension may be necessary to engender a feeling that ?we all got a fair chance to have our say.?

WHEN THE National Reconciliation Commission (NRC) started its work about two weeks ago, it announced the procedure it had approved to fulfil its assigned task of reconciling the nation.

It said that its own trained personnel would take down complaints, its own specially trained investigators would go into each complaint to establish that what had been alleged reasonably took place and then the findings of the investigators would be passed onto NRC?s assessors or lawyers, who would recommend whether or not the commission in session should hear the complainant. There may have been many a Ghanaian who probably had a fleeting thought about possible over-jealous screening that could shut out some petitioners. But they may have also reasoned that the NRC, with its composition of solid legal, military and other brains may have done due diligence in the recruitment of personnel whose sense of fairness and a proper appreciation of the crucial of the NRC, would not permit such capriciousness.

However, NDC General Secretary Nii Armah Josiah-Aryeh went public last Friday with the same fear; that the screening behind doors could lead to windows of restriction.

That, of course, has given the issue a political colouration, which must be handled carefully.

It will be recalled that during the debate on the NRC enabling Act, the NDC insisted on all periods of governance in this country - civilian or military - being x-rayed.

In order not to derail the reconciliation train, a window of opportunity was created for complaints of human rights abuses during periods of civil rule. And behold what did we see when the NRC started work? A victim of the Kulungugu bomb that occurred during the First Republic was among the first complainants. With this gift of hindsight, the National Concord would suggest that the complaint, this time too, should be considered in the interest of the stated objective of the NRC -reconciliation of a polarised polity. Let us not give the opportunity to anyone to say that the window of opportunity offered at the drafting stage was shut at the screening stage. The NRC?s assessors as human being are political animals. There could be the temptation for someone?s good judgement to be overcrowded by his or her political sympathies.

We would advise that the procedure as outlined by the NRC should continue. However, the assessors? reasons for rejecting a petition should be publicly stated at the commission-in-session, with the complainant being offered the opportunity to rebut. It should be a sort of trail within a trial, at the end of which the commission will give a ruling.

If really Ghanaians are polarised, it has not just started. It could be at least 40 years old, although it may have been excruciated in the last decade or two. Therefore, the effort to reconcile the nation within the agreed time frame should not be set in concrete. As many as a six-month extension may be necessary to engender a feeling that ?we all got a fair chance to have our say.?

Source: Concord