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2008 Assessment

Ghana: Integrity Indicators Scorecard

Ghana : Integrity Scorecard Report > Sub-Category: Whistle-blowing Measures
Indicators		Score
48	Are employees protected from recrimination or other negative consequences when reporting corruption (i.e. whistle-blowing)?	75
49	Is there an internal mechanism (i.e. phone hotline, e-mail address, local office) through which civil servants can report corruption?	0
50	In practice, is the internal mechanism (i.e. phone hotline, e-mail address, local office) through which civil servants can report corruption effective?	25

Indicator and sub-Indicator Details

Are employees protected from recrimination or other negative consequences when reporting corruption (i.e. whistle-blowing)?

48a: In law, civil servants who report cases of corruption, graft, abuse of power, or abuse of resources are protected from recrimination or other negative consequences.

Score:

YES

Comments: A national law was enacted in 2006 to protect all whistleblowers no matter where they find themselves.

References: Section 12 of the Whistleblower Act, 2006 Act 720.

48b: In practice, civil servants who report cases of corruption, graft, abuse of power, or abuse of resources are protected from recrimination or other negative consequences.

Score:

100

Comments: The police have given the assurance that they will not disclose persons who report cases of corruption to them. However, people still fear reporing such cases, because they cannot be sure that police will keep to their word. Another factor is the general lack of confidence in government's declaration of zero tolerance for corruption and the feeling that action will not be taken on any cases of alleged corruption.

Besides, the official position may not be pursued by individual officers. This probably accounts for the fact that not many citizens have taken advantage of the new Whistleblower Act, 2006 (Act 720).

References: 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.

Interview with Mr. Ahmed Bin Salih, Chief Director, Ministry of Lands, Forestry and Mines on Wednesday, Sept. 17, 2008 at 10 a.m. in his office.

Media reports.

Peer Review Comments: The police have often easily exposed whistle-blowers to danger by conniving with one side against the other; this has created some fear within the civil service regarding the reporting of cases.

Peer Review Comments: It is a new law and has not really been tested yet.

48c: In law, private sector employees who report cases of corruption, graft, abuse of power, or abuse of resources are protected from recrimination or other negative consequences.

Score:

YES

Comments:

References: Section 12 of the Whistleblower Act, 2006 (Act 720) does not distinguish between public or private employees.

48d: In practice, private sector employees who report cases of corruption, graft, abuse of power, or abuse of resources are protected from recrimination or other negative consequences.

Score:

100

Comments: It is more difficult to track these and due to the high level of unemployment, private sector employees are not likely to report their employers.

References: Media reports.

Interview with Mr. Ahmed Bin Salih, Cheif Director, Ministry of Lands, Forestry and Mines on Wednesday, Sept. 17, 2008, at 10 a.m. in his office.

Interview with Mr. Charles Ayamdoo, Director of Anti-Corruption of the Commission for Human Rights and Administrative Justice in his office on Saturday, Aug. 16, 2008, at 2 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: In some cases, even if they do make a report, they are left alone with no support from those of their colleagues who also know about the issue and who still continue to work with that private entity. Because of their fear of being dismissed, colleagues with evidence of wrongdoing may just decide to say nothing.

Is there an internal mechanism (i.e. phone hotline, e-mail address, local office) through which civil servants can report corruption?

49: In law, is there an internal mechanism (i.e. phone hotline, e-mail address, local office) through which civil servants can report corruption?

Score:

YES

Comments: However, there is an internal audit in each ministry that vets the financial transactions of these ministries.

References: The Civil Service Law, 1993 (PNDCL 327) does not provide for any such mechnaism. The Whistelblower Act, 2006 (Act 720) is a general law, but it also does not provide for the use of an internal mechanism such as a hotline. Certain institutions are assigned the task of receiving reports and complaints and investigating them such as the Attorney General's Department and the CHRAJ.

In practice, is the internal mechanism (i.e. phone hotline, e-mail address, local office) through which civil servants can report corruption effective?

50a: In practice, the internal reporting mechanism for public sector corruption has a professional, full-time staff.

Score:

100

Comments: Public sector is broader than civil service so a "No" answer for question 49 does not necessarily mean "No" answers for question 50. The office of accountability is seen as an internal mechanism for the presidency. It investigates complaints of corruption by appointees of the president. This does not seem to cover civil servants.

There is also an internal audit agency that monitors budget implementation and how public institutions use public resources.

References: Interview with Mr. Ahmed Bin Salih, Cheif Director, Ministry of Lands, Forestry and Mines on Wednesday, Sept. 17, 2008, at 10 a.m. in his office.

Interview with Mr. Charles Ayamdoo, Director of Anti-Corruption of the Commission for Human Rights and Administrative Justice in his office on Saturday, Aug. 16, 2008, at 2 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: There is no internal mechanism.

50b: In practice, the internal reporting mechanism for public sector corruption receives regular funding.

Score:

100

Comments: Public sector is broader than civil service so a "No" answer for question 49 does not necessarily mean "No" answers for question 50. The CHRAJ and serious fraud office investigate public sector corruption and they receive regular funding.

The office of accountability is seen as an internal mechanism for the presidency. It investigates complaints of corruption by appointees of the president. This does not seem to cover civil servants. The office of accountability also receives regular funding.

References: Interview with Mr. Ahmed Bin Salih, Cheif Director, Ministry of Lands, Forestry and Mines on Wednesday, Sept. 17, 2008, at 10 a.m. in his office.

Interview with Mr. Charles Ayamdoo, Director of Anti-Corruption of the Commission for Human Rights and Administrative Justice in his office on Saturday, Aug. 16, 2008, at 2 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: There is no internal mechanism.

50c: In practice, the internal reporting mechanism for public sector corruption acts on complaints within a reasonable time period.

Score:

100

Comments: Public sector is broader than civil service. So SFO, CHRAJ and the office of accountability can be considered internal mechanisms for checking public sector corruption.

References: Interview with Mr. Ahmed Bin Salih, Cheif Director, Ministry of Lands, Forestry and Mines on Wednesday, Sept. 17, 2008, at 10 a.m. in his office.

Interview with Mr. Charles Ayamdoo, Director of Anti-Corruption of the Commission for Human Rights and Administrative Justice in his office on Saturday, Aug. 16, 2008, at 2 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.

Media reports.

Peer Review Comments: It does look like these anti-corruption bodies are not given a specific time within which to investigate issues. The Commission on Human Rights and Administrative Justice (CHRAJ) and the Serious Fraud Office (SFO), based on from personal interactions I have had with them as journalist, have found out that there are some issues that have taken more time than necessary to investigate; but that is also debatable because who is responsible for determining the time needed by investigating officer? The existence of any rushed investigations may create problems.

Peer Review Comments: There is no internal mechanism.

50d: In practice, when necessary, the internal reporting mechanism for public sector corruption initiates investigations.

Score:

100

$Scoring Criteria :: 100 Score Criteria: When irregularities are discovered, the agency/entity is aggressive in investigating the government or in cooperating with other agencies\' investigations. <p>50 Score Criteria: The agency/entity starts investigations, but is limited in its effectiveness. The agency/entity may be slow to act, unwilling to take on politically powerful offenders, reluctant to cooperate with other investigative agencies, or occasionally unable to enforce its judgments. <p>0 Score Criteria: The agency/entity does not effectively investigate. The agency/entity may start investigations but not complete them, may refuse to cooperate with other investigative agencies, or may fail to detect offenders. The agency/entity may be partisan in its application of power.$

Comments: The CHRAJ, aerious fraud office and the office of accountability investigate public sector corruption and they can initiate investigations on their own.

References: Interview with Mr. Ahmed Bin Salih, Cheif Director, Ministry of Lands, Forestry and Mines on Wednesday, Sept. 17, 2008, at 10 a.m. in his office.

Interview with Mr. Charles Ayamdoo, Director of Anti-Corruption of the Commission for Hman Rights and Administrative Justice in his office on Saturday, Aug. 16, 2008, at 2 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: According to the Judicial review of Commission on Human Rights and Administrative Justice's(CHRAJ) verdict on former minister Richard Annani, the CHRAJ can only initiate investigations when it receives a complaint.

Peer Review Comments: There is no internal mechanism.