The Commission on Human Rights and Administrative Justice (CHRAJ) on Thursday reminded both the outgoing and incoming Ghanaian administrations (members of government) that they have to comply by the laws on declaration of assets. In a statement signed by Mr Emile Francis Short, Commissioner, it listed all those who must comply with the order as the president and vice-president through ministers, ambassadors, governor of the Central Bank and his deputies, chairman of the Electoral Commission and his deputies, presidential staffers and aides.
"The CHRAJ also wishes to draw attention to Article 286 (1) of the Constitution which provides that the declaration must be made before taking office at the end of every four years and at the end of the officer's term."
CHRAJ said the declaration should be made not later than six months of taking office, at the end of every four years and at the end of the term of office. Properties that are subject to the declaration include lands, houses and buildings, farms, concessions, trust of family property, vehicles, plants, fishing boats, business interest and bank balances.
The others are bonds and treasury bills, jewellery and objects of art of value of five million cedis and above and life insurance policies. "Where any public officers mentioned ...fails to declare assets and liabilities in accordance with the law, or makes a false declaration, the Commissioner shall investigate that officer and may take such action as he considers appropriate," CHRAJ said. The commission said it was also drawing the attention of the new government and parliament to "certain key deficiencies" in the law relating to declaration of assets.
It said there is no administrative machinery for checking the accuracy of veracity of the declarations, adding that no official or institution is mandated to undertake this task. "At present, the declarations are filed with the Auditor-general who simply acts as a custodian."
CHRAJ also said the declarations are not accessible to the public and shall only be produced in evidence before a court, a commission of inquiry or an investigator appointed by CHRAJ. It said it is difficult to justify why only officers in the Armed Forces who have been seconded to civilian establishments and institutions who are required to declare their assets.
"In our view, the government and parliament should, in the interest of justice and fairness, give these concerns the urgent attention they deserve. CHRAJ congratulated the general public and political parties for the peaceful and democratic election and said the birth of a new government provides a golden opportunity for institutional renewal and deepening of democracy.
"The CHRAJ is deeply pleased and encouraged by the expression of commitment by His Excellency the President, Mr J.A. Kufuor, to the promotion of human rights, rule of law and a zero tolerance for corruption." It said they look forward to the concrete implementation of these goals.
