in new Constitution
NDC Nederand as part of the ongoing process to draft a new Constitution has made a submission to the Constitutional Review Commission for a proportional Parliamentary system of Representation.
As part of the ongoing consultation process 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 amongst 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 instructed its members to have discussions amongst the various Branches and to make submissions on issues of pertinent interest for submission 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 process members of NDC Netherlands have deliberated on a number of issues which have been submitted to the Constitutional Review Commission. Some of the issues raised include, the strict separation of powers between the Executive and Legislature and the criminalization of the possession of Child Pornography material.
Other Branches of NDC Europe including Switzerland, Denmark and Germany are currently consulting with their constituents which will eventually lead to the adoption of a common position on recommendations by NDC Europe as inputs into the Constitutional Review process. Below is the full text of NDC Netherlands forwarded to the Constitutional Review Commission:
NDC Nederland branch makes proposals to the Constitutional Review Commission
The NDC Netherland branch is a registered branch of the NDC in The Netherlands. It is also a member of the NDC Europe group, which among other things works to strengthen and build alliances with other political parties in the European Union that share the same ideology as the NDC; and to undertake activities with mutual interest that will enhance and promote the democratic dispensation in Ghana.
The NDC Netherland branch, believes that the work of the constitutional review commission will go a long way to help in identifying issues of national importance. As a result, many issues have being brought up for deliberation. Members of the NDC Netherland branch have pondered over some of the issues raised and therefore wishes to share their thought on a number of them. Meanwhile, the members have also identified certain issues that are of great importance to national development.
The NDC Netherland branch therefore wishes to make the following proposals to the Constitutional Review Commission.
“I pledge myself to the service of the nation with all my heart and with all my strength”. This is what all Ghanaians are committed to, yet some potions in our constitution do not allow, mostly Ghanaians in the Diaspora with dual nationalities to fully bring this to fruition. Ghanaians living abroad are contributing enormously to the development of our dear nation, with remittances, setting up businesses and striking partnerships with their European counterparts. Yet some potions of our constitution do not make it easy for Ghanaian professionals to come back home and contribute their expertise to national development.
• 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.
• The NDC Netherland also finds it imperative and strongly so, the issue of Ghanaians in the Diaspora loosing their nationality due to the acquisition of another passport of their host countries. We wish to propose strongly, that the constitution be amended to include, a provision that Ghanaian citizens by birth do not automatically lose their Ghanaian citizenship upon acquiring a citizenship of another country. This has been the case in most EU countries, where immigrants have to give up their original passports upon acquiring the passport of their host nations. It makes difficult for Ghanaians to easily visit their families and relatives, or simply attend to matters of emergency due to visa processing and other bureaucratic practices. This really hinders and prevents Ghanaians in the Diaspora from undertaking ventures relevant to the Ghanaian economy, and eventually forcing them to cut ties with their country of birth and origin.
• We also propose that a specific law be passed to address and criminalise the possession, manufacture and distribution of child pornography in the country. In most EU states, laws have been passed to this effect due to the vulnerability of children falling prey to such unfortunate situations. So that, the person who possesses and distribute anything that explicitly, either in writing, images or films involves child sexuality be seen as a criminal offence. This bothers on child abuse; therefore, having a provision in the constitution to this effect will help protect children who may be victims to such acts. “Legal definitions of child pornography generally include sexual images involving both prepubescent and post-pubescent teenage minors and computer-generated images that appear to involve them”.
• On child protection, the NDC Netherland branch also wishes to propose that a provision be a made in the constitution to protect children 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.
• The framers of the 1992 constitution have made clear provisions on the separation of power among the three branches, thus the executive, the legislature and the judiciary. Yet there are still interferences especially between the legislature and the executive. An example of this is a member of parliament becoming a cabinet minister/minister. This is a total paralyses on the will of the public and thus thwarts the process of government. 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.
For our democracy to thrive, it is important that we ensure the smooth functioning of the institutions that will position the country on a good pedestal ready for the future and generations yet unborn.
Joseph Baiden, Interim Chairman- NDC Nederlands, Email: joe_baiden2000@yahoo.co.uk
