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2008 Assessment

Ghana: Integrity Indicators Scorecard

Ghana : Integrity Scorecard Report > Sub-Category: Civil Society Organizations
Indicators		Score
1	Are anti-corruption/good governance CSOs legally protected?	100
2	Are good governance/anti-corruption CSOs able to operate freely?	83
3	Are civil society activists safe when working on corruption issues?	100
4	Can citizens organize into trade unions?	88

Indicator and sub-Indicator Details

Are anti-corruption/good governance CSOs legally protected?

1a: In law, citizens have a right to form civil society organizations (CSOs) focused on anti-corruption or good governance.

Score:

YES

Comments: The organizations must only register with the Registrar-General's Department and the Departmnet of Social Welfare. The NGO BIll is in the offering but has still not been passed.

References: Chapter 5 Article 21(e) of the Constitution of Ghana

1b: In law, anti-corruption/good governance CSOs are free to accept funding from any foreign or domestic sources.

Score:

YES

Comments: General laws on setting up organizations and business entities do not restrict funding sources. There is no specific statute on setting up organizations.

References: The Constitution of the Republic of Ghana. From personal knowledge and experience. My own organization is an anti-corruption organization that receives funding from both external and domestic sources. There is no specific statute that bars good governance and anti-corruption organizations from accepting funding from any domestic or foreign sources.

1c: In law, anti-corruption/good governance CSOs are required to disclose their sources of funding.

Score:

YES

Comments: All registered organizations are required to file returns with the Registrar-General. This includes their source of funding and their expenditures.

References: Section 123 of the Companies Code, 1963, (Act 179) requires that nongovernmental organizations file returns, including their income and expenditures to the Registrar-General.

Peer Review Comments: The law is it stands is clear; however, whether or not, the organizations do what is required of them is another matter. This might be purely a problem with implementing the law and ensuring that people do the right thing.

Peer Review Comments: Although the legislative instrument quoted above is clear on the requirement of public disclosure of funds, many of the nongovernmental organizations do not meet the requirements under this provision; yet, no authority seems to bother about its enforcement.

Peer Review Comments: There is no enforcement of this provision; nor is there any valid verification process to determine whether funding sources declared are actually what they claim to be. The only time these issues ever come up is when an aggrieved "top person" decides to take issue with a CSO for holding a certain position that may not be politically correct.

Are good governance/anti-corruption CSOs able to operate freely?

2a: In practice, the government does not create barriers to the organization of new anti-corruption/good governance CSOs.

Score:

100

Comments:

References: Mrs. Florence Dennis, Executive Secretary of Ghana Anti-corruption Coalition. Interview held on Wednesday, July 30, 2008, in Nairobi, Kenya at 7 p.m.

Mrs. Nana Oye Lithur, Regional Coordinator, Commonwealth Human Rights Initiative (CHRI). Interview conducted on Wednesday, Sept. 10, 2008, in the CHRI offices at 5:15 p.m.

Peer Review Comments: Nana Oye Lithur is someone l know and if she has been interviewed on such an issue, that makes it authentic.

Peer Review Comments: Everything will run smoothly until you take a position that is not pleasing to the government. For instance, when the Commission on Human Rights and Administrative Justice (CHRAJ) was set up, it had support until it started investigating government officials and the presidency. Then, all of a sudden, government agencies realized that the Commission did not have any authority to carry out some of the investigations it had set out to pursue.

2b: In practice, anti-corruption/good governance CSOs actively engage in the political and policymaking process.

Score:

100

Comments:

References: Mrs. Florence Dennis, Executive Secretary of Ghana Anti-corruption Coalition. Interview held on Wednesday, July 30 , 2008, in Nairobi, Kenya at 7 p.m.

Mrs. Nana Oye Lithur, Regional Coordinator, Commonwealth Human Rights Initiative (CHRI). Interview conducted on Wednesday, Sept. 10, 2008, in the CHRI offices at 5:15 p.m.

2c: In practice, no anti-corruption/good governance CSOs have been shut down by the government for their work on corruption-related issues during the study period.

Score:

YES

$Scoring Criteria :: YES: A YES score is earned if there were no CSOs shut down by the government or forced to cease operations because of their work on corruption-related issues during the study period. YES is a positive score. NO: A NO score is earned if any CSO has been effectively shut down by the government or forced to cease operations because of its work on corruption-related issues during the study period. The causal relationship between the cessation of operations and the CSO\'s work may not be explicit, however the burden of proof here is low. If it seems likely that the CSO was forced to cease operations due to its work, then the indicator is scored as a NO. Corruption is defined broadly to include any abuses of power, not just the passing of bribes.$

Comments:

References: Mrs. Florence Dennis, Executive Secretary of Ghana Anti-corruption Coalition. Interview held on Wednesday, July 30, 2008, in Nairobi, Kenya at 7 p.m.

Mrs. Nana Oye Lithur, Regional Coordinator, Commonwealth Human Rights Initiative (CHRI). Interview conducted on Wednesday, Sept. 10, 2008, in the CHRI offices at 5:15 p.m.

Are civil society activists safe when working on corruption issues?

3a: In practice, in the past year, no civil society activists working on corruption issues have been imprisoned.

Score:

YES

$Scoring Criteria :: YES: A YES score is earned if there were no CSO activists imprisoned because of their work covering corruption. YES is a positive score. NO: A NO score is earned if any activist was jailed in relation to work covering corruption. The causal relationship between the official charges and the person\'s work may not be explicit, however the burden of proof here is low. If it seems likely that the person was imprisoned due to his or her work, then the indicator is scored as a NO. Corruption is defined broadly to include any abuses of power, not just the passing of bribes.$

Comments:

References: Mrs. Florence Dennis, Executive Secretary of Ghana Anti-corruption Coalition. Interview held on Wednesday, July 30 2008, in Nairobi, Kenya at 7 p.m.

Mrs. Nana Oye Lithur, Regional Coordinator, Commonwealth Human Rights Initiative (CHRI). Interview conducted on Wednesday, Sept. 10, 2008, in the CHRI offices at 5:15 p.m.

3b: In practice, in the past year, no civil society activists working on corruption issues have been physically harmed.

Score:

YES

$Scoring Criteria :: YES: A YES score is earned if there were no documented cases of CSO activists covering corruption being assaulted in the specific study period. A YES score can be earned if there was an attack but it was clearly unrelated to the activist\'s work. YES is a positive score. NO: A NO score is earned if there were any documented cases during the study period of assault to an activist who covers corruption. Corruption is defined broadly to include any abuses of power, not just the passing of bribes.$

Comments:

References: Mrs. Florence Dennis, Executive Secretary of Ghana Anti-corruption Coalition. Interview held on Wednesday, July 30, 2008, in Nairobi, Kenya at 7 p.m.

Mrs. Nana Oye Lithur, Regional Coordinator, Commonwealth Human Rights Initiative (CHRI). Interview conducted on Wednesday, Sept. 10, 2008, in the CHRI offices at 5:15 p.m.

3c: In practice, in the past year, no civil society activists working on corruption issues have been killed.

Score:

YES

$Scoring Criteria :: YES: A YES score is earned if there were no documented cases of CSO activists being killed because of their work covering corruption in the specific study period. YES is a positive score. NO: A NO score is earned if there were any documented cases during the study period where a person was killed related to a corruption trial, scandal or investigation. The relationship between a mysterious death and an individual\'s history may not be clear, however the burden of proof here is low. If it is reasonable that a person was killed in relation to his or her work on corruption issues, then the indicator is scored as a NO. Corruption is defined broadly to include any abuses of power, not just the passing of bribes.$

Comments:

References: Mrs. Florence Dennis, Executive Secretary of Ghana Anti-corruption Coalition. Interview held on Wednesday, July 30, 2008, in Nairobi, Kenya at 7 p.m.

Mrs. Nana Oye Lithur, Regional Coordinator, Commonwealth Human Rights Initiative (CHRI). Interview conducted on Wednesday, Sept. 10, 2008, in the CHRI offices at 5:15 p.m.

Can citizens organize into trade unions?

4a: In law, citizens have a right to organize into trade unions.

Score:

YES

Comments: The procedures involved in forming a new union can be frustrating, especially if the union will be added into a sector where there already are unions.

References: Section 10(d) or Section 79(1)of the Labour Act, 2003 (Act 651)

Peer Review Comments: The Bank of Ghana, for example, shuns the formation of trade unions. There have been unconfirmed media reports that some foreign companies do not allow unions to be formed within their organizations.

Peer Review Comments: There have been instances when workers have been dismissed for trying to form a union. For example, a bank called Procredit sacked a gentleman who tried to form one.

Peer Review Comments: I do not agree with the comment that the procedure for forming a new union is frustrating -- it is just like any other process. If you want your union to be legal, then you should not have any problem with going through the documentation to legalize it.

Peer Review Comments: There was the National Association of Graduate Teachers (NAGRAT) case and frustrations about a salary freeze that was in place for a month this year. The case of Ghana National Association of Teachers' (GNAT) and NAGRAT is a test case of what a sub-union status could mean for union members.

There is, therefore, what is known as the umbrella body, which represents teachers as a whole irrespective of training or prejudice by rank and qualification. Whatever rules that exist in terms of the above need to be fine tuned. (Source: Mr. Austin Gamey notes on Trade Unions, NAGRAT/GNAT and Ghana Airways).

4b: In practice, citizens are able to organize into trade unions.

Score:

100

Comments: There are sometimes a few obstructions, especially when there are attempts to split from one union and when the split is not likely to favor government. For example, NAGRAT from GNAT.

References: Mrs. Florence Dennis, Executive Secretary of Ghana Anti-corruption Coalition. Interview held on Wednesday, July 30, 2008, in Nairobi, Kenya at 7 p.m.

Mrs. Nana Oye Lithur, Regional Coordinator, Commonwealth Human Rights Initiative (CHRI). Interview conducted on Wednesday, Sept. 10, 2008, in the CHRI offices at 5:15 p.m.