Freedom Of Movement Under Siege!

FREEDOM OF MOVEMENT UNDER SIEGE! URGENT NEED TO ADDRESS WIDESPREAD CORRUPTION ON THE TEMA-OUAGADOUGOU TRADE CORRIDOR

October 19, 2009

One of the goals of the Economic Community of West African States (ECOWAS) is to promote economic growth in the sub-region by facilitating the free movement of people and goods. In 1982, Ghana as a member of ECOWAS signed a protocol to facilitate the free movement of persons within the sub-region. Under article 18 of the Vienna Convention on the Law of Treaties, Ghana therefore assumed full obligations under the ECOWAS protocol on the free movement of persons.

Recent data by the Legal Resources Centre (LRC) revealed widespread corruption on the Tema-Ouagadougou trade corridor. Undoubtedly, this undermines ECOWAS objectives of promoting free movement of goods and persons within the sub region. The corrupt practices also violate the fundamental right to the freedom of movement as guaranteed under article 21 of the 1992 Constitution. The Tema-Ouagadougou trade corridor, connecting Ghana’s leading dock and industrial center to Burkina Faso’s capital and center of commerce, is one of the leading routes in the West African trade hub. The Tema-Ouagadougou route is 1057km and consists of 881km in Ghana and 176kkm in Burkina Faso. Data gathered in September and October, 2009 by three teams revealed serious delays and widespread corruption all along the Tema- Ouagadougou trade corridor. In Ghana, drivers paid anywhere from GH¢2 to GH¢4 in bribes per stop, with CEPS officers accepting no less than GH¢3. Therefore over the course of a journey from Tema to Ouagadougou, these individual stops can add up to GH¢100. On any given day the number of trucks plying the route can reach 120, therefore, the total amount in bribes collected can reach GH¢12,000 per day, GH¢84,000 per week, GH¢360,000 per month and GH¢ 4,380,000 per year.

In addition, each stop causes delays particularly when drivers try to bargain. On every journey, drivers were delayed anywhere from 5 minutes to 20 minutes per stop. At the Ghanaian border, GIS collected a minimum of GH¢5 in bribes per person and often asked for more. In one instance, a traveler with all required documentation crossing the Ghana border into Burkina Faso was requested to pay GH¢20 and when he offered to pay only GH¢15, he was detained in police custody for not less than 45 minutes. Those who were unable to pay were not allowed to cross the border.

In addition, foreign nationals traveling in Ghana are stopped more frequently and pay higher bribes than their Ghanaian counterparts. Burkinabe businessmen traveling from Kumasi to Paga endured 19 stops by Police and CEPS, and paid a total of GH¢48 in bribes per person. Their trip took 12 hours to complete. Ghanaians on the other hand, took 10 hours with 15 stops and a total of GH¢35 in bribes per person. These practices are a direct violation of obligations under the ECOWAS treaty to “grant full and unrestricted freedom of transit through its territory for goods proceeding to or 2 from a third country...and such transit shall not be subject to any discrimination, quantitative restrictions, duties or other charges.” Information available to the LRC reveals that there are more stops in Ghana than in Burkina Faso. Drivers are unlawfully charged a total of 20,000 CFA to enter Burkina Faso and 12,000 to CFA to exit. However, once inside Burkina Faso there are not less than 3 stops before Ouagadougou. Travelers pay 1000 CFA at one of the custom checkpoints. Drivers must also pay 50 CFA at a toll booth. Interviews with other drivers confirmed this disparity, with one driver stating “Ghana custom is more corrupt than the Burkina people.” Because of the widespread practice of corruption along the Tema-Ouagadougou route, drivers and traders are growing to accept bribery and long delays as the order of the day. Some drivers set bribe money aside for Police, Customs and Immigration officers along the route. Such additional costs are one of the reasons why transportation in West Africa is the most inefficient and most expensive in the world. Inevitably, these higher costs of transport are added on to the price of goods and are passed on to consumers in Ghana and neighboring countries. In addition, delays caused by corruption and unnecessary roadblocks lead to the deterioration of perishable goods. The loss of perishable goods is particularly significant in a country like Ghana where the economy is so heavily dependent on agricultural products. It is clear that by failing to curb corruption along the Tema-Ouagadougou trade corridor, the Ghanaian government is depriving Ghanaians and other ECOWAS citizens of the very economic benefits the ECOWAS Treaty was supposed to provide. There is no better time for the Ghanaian government to commit to the eradication of corruption along the Tema-Ouagadougou trade corridor. According to the 8th report released by the Improved Road Transport Governance (IRGT) Initiative on Interstate Corridors, commercial activity in West Africa has declined and transport prices have increased. A decrease in corruption will lower some of the existing transportation costs making it more affordable for traders to operate in the region – a much needed boost during these difficult economic times.

The LRC is deeply concerned with the corruption in Ghana generally. We are more so concerned with corruption along the Tema Ouga road corridor as turning a blind eye defeats the very essence of our obligations under the ECOWAS protocol. We wish to call on the Attorney General and Minister for Justice, the Minister for Foreign Affairs, the Minister of Interior and all the other stakeholders to call to order those who are involved in corruption along our trade corridors particularly the Tema-Ouagadougou trade corridor. We need to bring meaning to the ratification of the ECOWAS Protocol and our 1992 Constitution and its provisions on the freedom of movement in Ghana.

Signed Legal Resources Centre