Genesis of the Discourse
The right of Ghanaians to live, vote, be recognized and treated as a Ghanaian is guaranteed by Article 6(2) of the 1992 Constitution which states that: ?subject to the provisions of this Constitution, a person born in or outside of Ghana after the coming into force of this Constitution, shall become a citizen of Ghana at the date of his birth if either of his parents or grandparents is or was a citizen of Ghana?.
This constitutional provision applies equally to all Ghanaians irrespective of where one resides on this planet. The same 1992 Constitution, by Article 45 (a) made provisions for an Electoral Commissioner ?to compile the register of voters and revise it at such periods as may be determined by law?. The state has created a machinery for Ghanaians at home to exercise this constitutional right to elect leaders of the country but Section 7 (1) (c) of the Representation of the People Law 1992 (PNDCL 284), which stipulated that a person had to be resident in the polling division where he sought to register, effectively barred Ghanaians who were resident abroad at the time of registration from registering to vote in the elections. The voters register in question, first compiled in 1987 and subsequently revised in 1991, excluded Ghanaians in the Diaspora, with the exception of those working in Ghanaian embassies, International organizations, or serving in UN Peace Keeping operations from registering to vote in public elections in Ghana. The current Representation of People (Amendment) Bill therefore seeks to restore the voting rights of Ghanaians in the Diaspora (a right guaranteed by Article 6(2) of our constitution) and to also correct inequities in PNDC Law 284.
Overseas Ghanaians and Politics in Ghana
When the NPP government introduced the Representation of People (Amendment) Bill in parliament under a certificate of emergency a few months before the 2004 elections, many of us suspected it was a vote-grabbing venture. Consequently, several organizations including the National Union of Ghana Students (NUGS) called on government to suspend the Bill until broad consultations were held with stakeholders. The minority NDC in Parliament cited logistical constraints on the Electoral Commission ahead of the December 2004 polls as justification for its call for postponement of the bill. The elections are over and Parliament is doing what critics suggested (consulting Ghanaians about the Bill) and yet some are doing everything to stop the Bill from becoming a Law. Why would a Ghanaian oppose the extension of voting rights to fellow Ghanaians in the Diaspora?
It is not a coincident that the two contestants in the NDC presidential primaries for the 2004 elections were also sojourners as many Ghanaians who currently reside and work in foreign countries. Professor Atta Mills, the ultimate choice of the NDC party returned from British Columbia to enter the 2004 presidential race. Likewise, Dr. Kwesi Botchwey, the unsuccessful candidate returned from his post in North America to contest the primaries and then slip back into the Diaspora. If residence outside Ghana is an indecent act that must be punished with the denial of voting rights, then we could deny future potential leaders the right to choose who can rule the country. Leaving Ghana to work and reside in a foreign country did not make Dr. Kwesi Botchwey and Professor Atta Mills less patriotic Ghanaians, and neither did it make them less desirable political leaders for thousands of NDC supporters. Why can?t we extend voting privileges to Ghanaians abroad who find themselves in a similar situation as these politicians?
Traveling abroad to work and improve oneself (academically, financially etc.,) and then return home to make contributions to the political and socioeconomic development of the country is not new. In fact, very few of our current political leaders (on both sides of the isle) would be at post if we were to disqualify people on the basis of previous residence abroad. Our first president, Dr. Kwame Nkrumah returned from a study abroad to lead Ghanaians into independence. With a history full of returnees in politics, it would seem Ghanaian politicians would whole heartedly welcome attempts being made to extend voting rights to those in the Diaspora who, like Dr. Nkrumah, are prepared to participate in our domestic politics.
Undeniable Impact of the Diaspora on Ghana?s Elections
Some have argued that votes from Ghanaians in the Diaspora could exert a significant influence on the outcome of elections at home and that such an influence from citizens abroad could cause problems and even lead to political unrests. Forgetting they are talking about inalienable rights of fully-blooded Ghanaians who may be temporarily absent from the country, the critics speak about Ghanaians in the Diaspora as if they are aliens from another planet who will suddenly inject themselves into our electoral process. It is sad to stretch the truth this way to make a point we know is not true. Who in Ghana honestly believe Ghanaians in the Diaspora exert no influence on our elections? Don?t the agents of major political parties in the country receive funds from Ghanaians in the Diaspora to help them win elections at home? It would interest our brothers and sisters at home to know that it has become fashionable nowadays for Ghanaians in foreign countries to form political groupings outside their traditional ethnic organizations to support political parties at home. What is different between members of these political organizations abroad and their counterparts in Ghana is that those at home participate in the elections and therefore benefit directly from efforts they put into the political process while those Ghanaians outside the country are denied that opportunity. For those Ghanaians in the Diaspora who make numerous contributions to the local political process but do not have the opportunity to affect the collective choice at home, the possibility of self determination is seriously jeopardized.
The influence which Ghanaians abroad exert on the political life of Ghanaians at home is not limited to financial contributions to political campaigns. There are instances where the NDC party (while in power) and the ruling NPP government have pursued Ghanaians living abroad, brought them home and appointed them to political positions where they have had decisive impacts on the lives of ordinary Ghanaians. If these are not influences which Ghanaians outside the country exert on the socio-political life of Ghanaians at home then nothing will qualify as an impact. The current situation benefits only the politicians who see nothing wrong with collecting monies from Ghanaians abroad while also engaging in selective appointments of their cronies in the Diaspora to positions of power at home.
It is no secret that some of the Ghanaians abroad are the breadwinners of their immediate and extended family members at home. It would be naive to think that the hand that feeds these relatives would never have any influence on the choices that their kinsmen make in selecting leaders of the country. The fact is that Ghanaians in the Diaspora already exhibit a remarkable influence on our electoral process at home so if there will ever be a popular and spontaneous uprising because of their participation in Ghanaian elections, then such an upheaval would have happened already.
The Unending Emigration and Future of Ghana Politics
We live in a country where every youth on the street would instantly become a foreign resident if foreign traveling documents were awarded by one?s relatives. Through the USA?s Diversity Visa Lottery alone, thousands of our young men and women emigrate from Ghana to North America annually. Many of the youth who throng offices of foreign embassies in Accra for student visas are not the children of Ghanaians in the Diaspora. Neither are they the wards of ordinary Ghanaian farmers and workers. Rather, they are the children of Ghanaian politicians and businessmen. Even our immediate past and current presidents have children in the Diaspora. Why would any one deny these potential political leaders of the country the right to vote in our elections?
It is doubtful if our leaders can forever prevent Ghanaians in the Diaspora from exercising their rights to vote in elections at home. The experience, skills and financial standing of many Ghanaians in the Diaspora, coupled with their growing interest in political processes at home will make it impossible to stop them from exercising their rights to vote. Those who oppose the Bill may have succeeded in postponing it in the past but as current events show, this is not a fight we, as a nation can win. In the same way that the will to be free triumphed over colonization and apartheid, the spirit of the disenfranchised Ghanaian will prevail in the fight to regain the right to vote for the country?s leaders.
Resource Constraint as a Basis for Denying Rights to Citizens?
Constraint on the country?s resources has been cited as a justification for keeping the status quo but how relevant is this claim? It is true the overseas voting process raises issues about logistics, supervision, and ultimately deciding who is a true Ghanaian. However, these are problems our political leaders should be capable of solving. These seemingly intractable procedural and logistical problems can be resolved if only we have the will and also make the effort and sacrifices involved. The needs and expectations of a people for a leader rise and deepen with crises and it is about time our political leaders stood up to the task rather than throw up their hands in desperation. Unlike many Ghanaians, some who oppose the Bill seem to express little confidence in the ability of the Ghanaian to successfully conduct election abroads. If with all our human resources (both at home and abroad) we cannot assist the Electoral Commissioner to organize elections in our embassies abroad then what are we doing trying to dream about making Ghana a developed country by 2020. It takes a lot more brain power, resources, dedication and sacrifice to bring economic development to a country than it is to extend voting rights to a few thousand citizens in foreign countries.
Besides, if we were to deny rights to Ghanaians or stop organizations from performing their constitutional duties because of resource constraints and possible malfunctioning of human systems then every institution in Ghana, from the presidency through parliament to the judiciary would never function. Every one of these institutions needs improvement in logistics, better communication and of course, skilled, trustworthy and dedicated personnel. In the Ghanaian situation therefore complains about resource constraints are excuses for doing nothing. Ghanaians are not calling for an end to the functioning of our institutions in part because they know that progress does not come on the cheap and that problem solving is part of humankind?s effort at progress in life. Progress however comes to those who use their God-given talents to solve problems and not postpone them.
Ghanaian Identity in Crisis?
Some who seem to have run out of tangible reasons to support their opposition to the Representation of People (Amendment) Bill have argued that our passports cannot be used to identify Ghanaians in the Diaspora. If the Ghanaian government can no longer stand by the passport it issues to identify its citizens and diplomats then how do we, in the current global environment of constant threats from terrorists, expect the United States of America, Britain and other foreign countries to treat Ghanaians who present the passport at their foreign embassies for visas? That some non-Ghanaians might have obtained our passports to travel as Ghanaians may be true but what motivation would such non-Ghanaians have to vote in our local elections if unscrupulous politicians do not actively pursue their votes? Granted that this can happen, are the opponents to the Bill suggesting we cannot find alternative ways to identify a true Ghanaian? Should we deprive citizens of their right to vote because some politician will not or cannot identify them?
Opposition to the bill seems to arise out of the distrust we have for political leaders of the country. In particular, there is some fear that the elections abroad could be easily rigged by the government in power or that Ghanaians in the Diaspora would favor some political parties over others. I will say that it is good and in fact healthy to be suspicious of human intents but such fears and suspicion must be generated out of concern for the betterment of the country and not the benefit of a political party or a group of individual Ghanaians. The United States of America has one of the most stable political systems in the world today partly because the country?s founding fathers were distrustful of their fellow country men. The founders were mindful of their difficult past but rather than dwell on the fears and mistrust among various ethnic groups and regions in the country to deny rights and privileges to the country?s citizens, the founding fathers chose to build checks and balances into the United States Constitution. This was done to ensure that known and perceived problems and fears about misuse of power would never create permanent obstacles to future political developments. The time has come for our politicians to show leadership and foresight.
Conclusion
I would like to implore those who oppose the Representation of People (Amendment) Bill to give it a second thought. It would be hard to find in human history any country that has suffered an irreparable harm from restoring God-given rights to its disadvantaged citizens. We owe it to future generation of Ghanaians (some of whom will reside abroad) to not allow our ambitions and personal fears of today stand in the way of progress in our democratic dispensation. Let us work together to fashion the Representation of People (Amendment) Bill now that the time is ripe for it will be too late to speak against it if we sit on the fence and watch others pass it into Law. Posterity will not be kind to us if we shirk our responsibilities to the people at a time when they need us most. Let us put Ghana first in everything we do.
Long live Ghana.
Dr. Peter A. Kwaku Kyem
Connecticut, USA. 
Views expressed by the author(s) do not necessarily reflect those of GhanaHomePage.
