The NDC Party in Europe as part of the ongoing process to draft a new Constitution has made a number of submissions to the Constitutional Review Commission. NDC Europe is a network of NDC branches in Europe which presently includes Germany, Sweden, Switzerland, Netherlands, Norway and Italy. It aims to strengthen the structures of the NDC Party in Europe and Ghana, build our alliances with mainstream EU Socialist Parties with the aim of enhancing the Democracy and Governance system in Ghana.
As part of the ongoing consultation process amongst Ghanaians to build a new Constitution in line with the nation’s economic, social and political aspirations, the Constitutional Review Commission (CRC) has called for consultation of Ghanaians both home and abroad to make suggestions and inputs into the new process. Embassies abroad have been instructed to engage Ghanaians overseas in the process.
As a result NDC Europe has received from its Branches and Chapters submissions forwarded to the Constitutional Review Commission which has been adopted as a Common position for consideration in the new Constitution.
Below is the full text of NDC Europe’s submission forwarded to the Constitutional Review Commission:
1. Taking cognizance of the fact the land of one’s birth is recognized the world over as a major yardstick in according citizenship rights, native Ghanaians, irrespective of which citizenship they might have acquired under diverse circumstances, must always be recognized as Ghanaians. Native Ghanaians and their offspring in Diaspora must be accorded full citizen rights and responsibilities. Consequently, members of NDC Europe want the constitutional review commission to recommend to the Government of Ghana to enact the appropriate laws that pursue the goal of according full citizenship rights to native Ghanaians including visa-free travel to Ghana regardless of which passport they might hold.
2. Dual citizenship has generated a lot of debate in our country. The provision in the constitution which makes it impossible for Ghanaians in the Diaspora with dual nationality to hold public position is one that we think must be reviewed. We therefore, wishes to propose to the constitutional review commission to make amendments in the constitution such that Ghanaians holding dual nationality, with careers and expertise in various fields relevant to the socio-economic development of nation, be allowed to occupy certain public positions. These positions should be explicitly mentioned in the constitutional instrument that will setup the law. For example, there are people in the holds dual nationality, though they possess two nationalities, yet they are still able to contribute meaningfully to the development of the Netherlands.
3. It is also of the belief of NDC Europe members that clarification should be made of Section 16 (1) of the Constitution which stipulates that “a citizen of Ghana may hold the citizenship of any other country in addition to his citizenship of Ghana.” Which is contrasted by Section 16 (2) stating that “without prejudice to article 94 (2) of the constitution, no citizen of Ghana shall qualify to be appointed as a holder of any office specified in this subsection if he holds the citizenship of any other country in addition to his citizenship of Ghana”. These two provisions contradict each other. Whereas Section 16(1) calls for the non-discrimination of Ghanaians with Dual-Nationality, Section 16 (2) supports the discrimination of Ghanaians in particular circumstances. We ask that these 2 provisions be reconciled in the ongoing review to make the law fair and equitable for all Ghanaians.
4. Secondly, NDC members are also of the view that the interests of the citizenry would best be served impartially if the offices of attorney general and the Minister of Justice are separated.
5. Thirdly, we will want a reformation of the electoral system. The one man electoral constituency, where the winner takes it all will in the long run pose a danger to the social integration of the country. Our Parliament is virtually not truly representative. The proportional representation should be introduced to counteract the existing polarization of our political system.
6. Fourthly, the above change will require that parties field electoral lists. With this list, there should not be need for supplementary or bi-elections in the event of the death of or in situations where parliamentarians are rendered incapable of discharging their duties. With the electoral list sitting arrangement in the parliament will not be informed by which party you belong to but the region. A sitting arrangement on regional basis will tone down the enmity picture we have of political opponents and encourage collaborative effort to solve problems rather than acrimoniously debating issues in parliament.
7. In the name of the separation of powers, the Executive (members of cabinet) should not in anyway whatsoever serve as lawmakers. A parliamentarian who is appointed to serve in the executive must step down temporary from parliament. His/her position would then be filled by the next person on the field list. If one is relinquished of the cabinet duties one simply goes back to the parliament. We think divided attention of the cabinet ministers who also serve as parliamentarians is not optimal. A cabinet minister should be a 100% cabinet minister. There is ample of evidence that the above-mentioned suggestions are workable. Cases in point are Norway and Sweden.
8. Members of parliament are elected by their constituents to represent them in promulgating laws and presenting to parliament their concerns. An MP-a legislature, therefore is incapable of perform fully this responsibility when he or she is appointed as a minister which is part of the executive. When this happens, the separation of powers then becomes a farce and a can of worms. We, the members of the NDC Netherland branch, propose the Constitutional Review committee make a provision asking MP’s who are appointed ministers to resign from undertaking parliamentary duties. A ministerial portfolio –an executive position is a complete arm of government as the legislature is, having a person perform both duties, and specifically when that person is a cabinet minister, is a clear conflict of interest and a violation of the separation of powers. 9. Politics and chieftaincy is another issue the Committee has to look at seriously and the goal must be how to tone down their involvement in politics directly or indirectly. The incidences of Festivals and Durbar grounds being converted to political rally grounds do not augur well for the apolitical standing of the chieftaincy institution.
10. If partisan election is good at the national level for choosing government and lawmakers; governance at the local level should also be on partisan basis. The current system of appointing MCE and some councillors is not democratic. The MCEs shall not be the long arm of the President, but the long arm (read representative) of the people.
11. Party financing should also be something the Committee must address. We are of the view that democracy is best served if there is transparency about how parties are financed. The state should give financial support to parties based on the number of votes received during parliamentary elections.
12. We consider the death penalty as crude and feel that the penalty does not belong to any civilized society and that the sanctity of life should be respected at all costs.
13. On the issue of Child Rights, NDC Europe wishes to propose that a provision be a made in the constitution to protect children born out of wedlock. It is rampant and common to find children who for no fault of theirs are discriminated when it comes to inheritance, and other societal issues. We think this bothers on human rights, and as a country dedicated to the fundamental human rights of all its citizens, it is only prudent that the constitution protect such children. They are innocent and therefore deserve same protection, opportunities and respect as any other child.
Albert ADZAYI Chairman, NDC Europe Chairman Swiss-Branch Switzerland Email : ndcswissbranch@hotmail.com
Source: NDC Europe News
