Rule of Law

GOOD GOVERNANCE, RULE OF LAW AND HUMAN RIGHTS: INDISPENSABLE GOLDEN THREAD IN CONTEMPORARY TIMES.

Governance is the process whereby public institutions conduct public affairs, manage public resources, and guarantee the realization of human rights. Good governance accomplishes this in a manner essentially free of abuse and corruption, and with due regard for the rule of law. Rule of law is man made laws for a group people, states, regions and nations.

The main elements of democracy are generally agreed upon as being: individual and group access to the political process, regular free elections, with votes of roughly equal weight, sequential and/or concurrent sharing of political power, so that no political group is able to maintain power over other groups indefinitely, maximisation of information available to voters on political issues, including free public discussion of political issues and free assembly, an independent judiciary, government self-regulation and accountability, just procedures, including enforcement and interpretation of legislation, and maximisation of personal freedom or individual autonomy and privacy of citizens. Rule of Law, principle that law (as administered by the ordinary courts) is supreme and that all citizens (including members of the government) are equally subjected to it and equally entitled to its protection. Human rights are fundamental liberties and freedoms the people enjoy. These concepts overlap one another. Bad governance is being increasingly regarded as one of the root causes of all evil within our societies. Major donors and international financial institutions are increasingly basing their aid and loans on the condition that reforms that ensure "good governance" are undertaken. The concept of "governance" is not new. It is as old as human civilisation. Governance can be used in several contexts such as corporate governance, international governance, national governance and local governance. Government is one of the actors in governance. Other actors involved in governance are influential land lords, associations of peasant farmers, cooperatives, NGOs, research institutes, religious leaders, finance institutions political parties, the military, civil societies, media, lobbyists, international donors, multi-national corporations, etc. may play a role in decision-making or in influencing the decision-making process .Good governance has these major characteristics participatory, consensus oriented, accountable, transparent, responsive, effective and efficient, equitable and inclusive and follows the rule of law. It assures that corruption is minimised, the views of minorities are taken into account and that the voices of the most vulnerable in society are heard in decision-making. It is also responsive to the present and future needs of society. The Africa continent has witnessed elected governments toppled by unscrupulous individuals, militias and juntas. This continues to be a drawback for countries in achieving economic growth and development. However, the last decade has witnessed substantial progress for democratic governance. I am glad Ghana is showing the way in this regard. Today, more governments have been chosen by competitive elections than at any time in history. This symbolises important gains in human rights, freedom and choice.

An underestimate of rule of law and good governance have thrown some African countries into turmoil and instability. Notably among them are Somalia, Ivory Coast, Darfur, Kenya and more recently Zimbabwe.

Our country Ghana has had a feel of the underestimation of these concepts since independence. This is evidenced in the coup de tars, executive influences in the judiciary and the legislative, human rights abuses, lack of freedom of speech and media freedom. Since 1992 Constitution`s promulgation we have made giant stride in the area of rule of law, human rights and democracy. Admittedly, there may still be some human rights abuses, electoral disputes, intimidation and other but we must resort to the appropriate procedures and the rule of law. Quiet recently hordes of people have the opportunity of speaking their minds on any of media without fear of prosecution which is shaping government policies in a way. As we are yet to witness another dramatic election every nook and cranny must show interest by registering as a voter and voting when the time is due. If we are not happy with any government we must exercise our franchise during elections rather than resorting to the barrel of the gun. Young people should restrain themselves from being used by politicians to destroy our peaceful country.

I humbly submit lessons from Kenya for us to learn from. Disputed election in Kenya plunged the country in chaos and instability killing over million people and rendered thousands homeless. The Kenyan Electoral Commission failed to declare the results early which brought confusion as to how had won the election. The supporters of the presidential candidates threw the country out of control resulting in more death. Today in Kenya Odinga is Prime Minister and Mabaki is President, where are those who shed their blood?

"I learned that the only way you are going to get anywhere in life is to work hard at it. Whether you're a musician, a nation, a writer, an athlete, or a businessman, there is no getting around it. If you do, you'll win—if you do not, you won't." - Bruce Jenner. Thus, let us strive to keep and improve our achievements

made in relation to rule of law, human rights and democracy. I humbly suggest that the government implement the recommendations to help improve our human rights, rule of law and good governance.

a) Institute Good Governance Index

The concept of good governance needs to be translated into a quantifiable annual index on the basis of certain agreed indicators such as pendency of civil and criminal court cases, number of communal riots, number of people killed in police firings, increase in crime, custodial deaths, birth rate, death rate, infant mortality rate, extent of immunisation, literacy rate for men and women, sex ratio, availability of safe drinking water supply, electrification of rural households, rural and urban unemployment and percentage of girls married below 16 years.

b) Speedy up Right to Information bill

The bill should cover not just the government sector but also the private sector, cooperative societies, public trusts, non-government organisations (NGOs) and so on. Right to information in respect of these organisations is as necessary as it is in respect of the government. Only then social accountability can be ensured in all sections of society. Information affecting the life and liberty of a person will be made available within 24 hours of the receipt of the application therefore in an office. There will be no presumption regarding rejection of any request for information if no reply is received within the stipulated time.

The purpose for which the information is sought will not be relevant.

c) Opening of New Courts: The government should open new and specialised courts in relation to human rights, electoral courts and others. Such a programme should be on a roll on basis so that the task of bringing down the arrears of court cases can be addressed in a time-bound manner.

d) Resource Institutions Institutions established by the 1992 Constitution of the Republic of Ghana such as the judiciary, legislation, Commission for Human Rights and Administrative Justice, National Commission for Civic Education and Electoral Commission should be resourced to consolidate our democracy, rule of law and respect for human rights.

e) Awards for Whistle-Blowers: A reference was made earlier to enactment of a special law for giving protection to whistle-blowers. In addition, it is proposed that the government should institute annual awards for recognition of the contribution made by such persons in exposing wrong-doings in the government and public institutions.

In conclusion, we should all work hard in relation to promoting good governance, rule of law and respect for human rights which will go a long to attract foreign investments in our economy.

By: Theophilus Tawiah Former Local NUGS President University of Cape Coast