Members of the CRC presenting their report to President John Dramani Mahama
The Constitution Review Committee (CRC), which was set up by President John Dramani Mahama, recently presented its reports, which contain some recommendations for the amendment of the 1992 Constitution of Ghana.
One of the recommendations was that some entrenched provisions, which require a two-thirds majority in Parliament as well as a referendum for an amendment, should be made “semi-entrenched” provisions, which can be more easily amended by a 75% majority in Parliament.
To achieve this, the committee suggested amendments to Chapter 25 of the Constitution, specifically Article 290, which lists the entrenched provisions and how they can be amended.
“The Committee is of the view that all of the Constitution’s ‘sacred cows’ – the provisions that vast majorities of Ghanaians rightfully hold dear – can continue to be protected through firm entrenchment, while leaving reasonable room for periodic governance-enhancing reforms to take place with substantial cross-party support.
“The Committee accordingly recommends an amendment to Chapter 25 of the Constitution to introduce a third amendment route – to be known as the semi-entrenched provisions – under which certain non-foundational provisions of the Constitution that are now amendable only one-provision-at-a-time via a referendum may be amended by an enhanced parliamentary majority of not less than seventy-five percent of all Members of Parliament,” parts of the report read.
Which provisions of the Constitution are likely to be altered:
The committee listed the following provisions of the 1992 Constitution, which it wants to now become semi-entrenched provisions and they are:
1. Article 11
This article encompasses the laws that are used to govern the country.
2. The entirety of Chapter 5 other than Articles 12(1); 17, 21(1) and 23
Chapter 5 of the Constitution touches on Fundamental Human Rights and Freedoms.
3. Articles 43, 46 and 49(2) to (4)
These articles border on Representation of the People.
4. Articles 55 and 56 other than Articles 55(1) and (2)
These articles also embody Representation of the People.
5. The entirety of Chapter 8 other than Articles 57(1), 58 and 66
Chapter 8 covers the laws on the Executive arm of government.
6. Articles 174 and 187
These two articles cover laws on the country’s finances.
7. Article 129 and Articles 145 to 146
These articles border on the role of the Judicial arm of government.
8. Article 200; Article 210
Article 200 is on the Ghana Police Service, and Article 210 is on the Ghana Armed Forces.
9. Articles 216 and 225
These articles cover the role of the Commission on Human Rights and Administrative Justice.
10. Article 231
This covers the laws of the National Commission for Civic Education.
11. Articles 240 and 252
These cover the laws on Decentralisation and Local Government.
12. Article 280; Article 286
Article 280 touches on the functions of the Commission of Inquiry, while Article 286 covers laws on Conduct for Public Officers.
13. Articles 293 and 299
They cover the miscellaneous section of the 1992 Constitution.
Provisions that would not be affected:
Articles 1 to 4
Articles 12, 17, 21(1) and 23
Articles 57(1), 58 and 66(2)
Article 93(2) and Articles 106(1) and (2)
Articles 125 and 127
Article 42
Article 49(1)
Articles 55(1) and (2)
Articles 162(1) to (3)
BAI
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