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UNECA Ad Hoc Experts Group Meeting on Deepening the Judiciary s Effectiveness in Combating Corruption Addis Ababa, Ethi

Sunday, September 02, 2012. 2. Presentation Overview. Post independence StrategiesScope and Extent of CorruptionCurrent EffortsRole of the CHRAJ Challenges. Sunday, September 02, 2012. 3. Introduction. From Independence to date about 8 regime changes- Reasons-corruption Under democratic Gove

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UNECA Ad Hoc Experts Group Meeting on Deepening the Judiciary s Effectiveness in Combating Corruption Addis Ababa, Ethi

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    1. UNECA Ad Hoc Experts Group Meeting on" Deepening the Judiciary’s Effectiveness in Combating Corruption” Addis Ababa, Ethiopia,21-23 November 2007 Ghana’s Experience in Fighting Corruption By Ayamdoo Charles, Deputy Director, Anti-corruption, CHRAJ

    2. Sunday, September 02, 2012 2 Presentation Overview Post independence Strategies Scope and Extent of Corruption Current Efforts Role of the CHRAJ Challenges

    3. Sunday, September 02, 2012 3 Introduction From Independence to date – about 8 regime changes- Reasons-corruption Under democratic Governance, corruption of ruling governments are reasons for advocating change Corruption costs Ghana not only politically, but in all spheres of development

    4. Sunday, September 02, 2012 4 Early Attempts Since attaining independence on 6th March 1957, Ghana has recorded several attempts at fighting corruption: 45 Commissions of Enquiry on bribery and corruption; military take-over justified their interventions on the need to eradicate corruption from the Ghanaian society; House “cleaning” exercises, (flushing out corrupt officials from the Ghanaian society)- (three former heads of state and five senior military officers were executed for various corrupt practices);

    5. Sunday, September 02, 2012 5 Cont’d Arrests of alleged corrupt officials of previous governments, former members of Parliament and businessmen suspected of trading on the black market; the Citizens Vetting Committee, (Office of Revenue Commissioners), which investigated persons whose lifestyles and expenditures substantially exceeded their income

    6. Sunday, September 02, 2012 6 Cont’d the National Investigations Committee investigated other economic crimes, among others, and had corrupt officials prosecuted before the tribunals (courts) that were established to dispense speedy justice.

    7. Sunday, September 02, 2012 7 Cont’d The strategies targeted the stem rather than the roots. Corruption continued to occur significantly and with impunity. Studies conducted both in Ghana and internationally, shed some light on the extent and scope of corruption in Ghana.

    8. Sunday, September 02, 2012 8 Extent and Scope In 1999, Ghana scored 3.9. In 2004, of 133 Ghana ranked 72nd with a score of 3.3 In 2005, it scored 3.3. This means that corruption is perceived to be worsening in the country In 2007, Ghana scored 3.7, the second highest since Ghana was included in the CPI, and is ranked 69 alongside Romania on the list of 180 countries.

    9. Sunday, September 02, 2012 9 Cont’d Centre for Democracy and Development (CDD) Survey Revealed Nearly 3 in 4 households saw corruption as a serious problem in Ghana; 61% of households agreed that corruption had worsened over the years;

    10. Sunday, September 02, 2012 10 Cont’d The public sector also agreed that corruption was pervasive. About 82% of public officials thought that corruption was more prevalent than ever; 46% of support staff of public service said that corruption was extremely prevalent, while 41% of policy makers and 42% of program officers said corruption was extremely prevalent;

    11. Sunday, September 02, 2012 11 Cont’d The survey also revealed that in Ghana, public officials are perceived to be more corrupt than employees in the private sector. APRM Report on Ghana makes similar findings

    12. Sunday, September 02, 2012 12 Cont’d Ist Ten Organizations seen by Citizenry as most dishonest: the regular Police Motor Transport and Traffic Unit of the Police Service (MTTU); Government Ministers; Customs, Excise and Preventive Service (CEPS); Passport Office; Metropolitan District Assemblies;

    13. Sunday, September 02, 2012 13 Cont’d Ministries of Finance and Roads Transport; the Judiciary; unofficial payments regularly consume 10% of household incomes many firms routinely spend as much as 44% of their revenue on bribes

    14. Sunday, September 02, 2012 14 Current Efforts: Legal Framework Financial Management Laws (the Financial Admin Act, 2003 (Act 654), Public Procurement Act, 2003 (Act 663), Internal Audit Agency Act, 2003 (Act 658), Audit Service Act, 2000(and the respective Bodies). All these are intended to bring sanity in financial management and to curb leakage of resources.

    15. Sunday, September 02, 2012 15 Cont’d Ratified, UNCAC and the AU Convention on Preventing and Combating Corruption and Related offences Domesticating: Data Capture Registration and Protection of Personal Information Bill Electronic transactions Bill Mutual Legal Assistance Bill Serious Fraud and Organised Crime Bill

    16. Sunday, September 02, 2012 16 Cont’d The Money Laundering Act has already been passed. Under this Act, a Financial Intelligence Center is to be established to monitor, prevent and facilitate the repatriation of laundered money. A code of conduct for the Judiciary is being developed. There is also a Complaints Desk established under the Chief Justice’s office to receive and process complaints of misconduct on the part of court officials.

    17. Sunday, September 02, 2012 17 Cont’d Strengthening Anti-Corruption Agencies: Economic Crimes Unit of the Police Service the Bureau of National Investigations (BNI), the Attorney-General’s Department; the Judiciary; Auditor-General; The above institutions, primarily investigate, prosecute and/or impose sanctions in respect of cases of corruption.

    18. Sunday, September 02, 2012 18 Cont’d The Serious Fraud Office (SFO): functions include conducting investigation into complaints involving serious financial or economic loss to the state or to any state organization or other institution in which the state has financial interest An Office of Accountability -under the Office of the President to police political appointees and report to the President

    19. Sunday, September 02, 2012 19 Cont’d Role of Civil Society Organizations very crucial Diagnostic /Corruption Studies: CDD-Nation wide Survey GII- Voice of the People, Judiciary Watch Project Ghana Anticorruption Coalition (GACC)

    20. Sunday, September 02, 2012 20 Cont’d GACC provides a forum for interaction among the government, public and private sector institutions and civil society groups working in the area of anti-corruption Fosters greater cooperation between international organisations and donor agencies in the global effort to establish good governance for sustainable development and anti-corruption.

    21. Sunday, September 02, 2012 21 Cont’d Role of Media Ghanaian Chronicle reports led to Investigations of 5 high senior officials in 1995 Crusading Guide- Appiah Ampofo Joy FM Enquirer Others

    22. Sunday, September 02, 2012 22 The Commission on Human Rights and Administrative Justice (CHRAJ) Established pursuant to Article 216 of the 1992 Constitution of Ghana. It is a unique institution, fusing in one, three distinct institutions namely, a Human Rights Commission, an Ombudsman and an Anti-Corruption Agency

    23. Sunday, September 02, 2012 23 Cont’d Appointment President in consultation with the Council of state 15 years standing as lawyer-Commissioner 10 years standing as Lawyer–Deputy Commissioners Terms and Conditions as High Court and Court of Appeal

    24. Sunday, September 02, 2012 24 Cont’d Outreach: HQ 10 Regional Offices 2 subregional offices 98 District Offices 767 staff

    25. Sunday, September 02, 2012 25 Mandate CHRAJ Act 456 Whistleblower Act, 2006(Act 720): Receive Disclosure, investigate and report to A-G Protect Whistleblower

    26. Sunday, September 02, 2012 26 Cont’d Order: Shall have the same effect as judgment of the High Court, and shall be enforceable in the same manner as a judgment or order of the High Court.

    27. Sunday, September 02, 2012 27 Cont’d Anti-Corruption Mandate, Act 456: investigate complaints and allegations of corruption, abuse of power, and to ensure compliance with the Code of Conduct for Public Officers by conducting investigations into complaints bordering on conflict of interest and declaration of assets by certain public officers. to protect whistleblowers under the Whistleblower Act 2006, Act 720.

    28. Sunday, September 02, 2012 28 Cont’d Independent: Once appointed, cannot be easily removed from office It has direct responsibility for the investigation of corruption and in discharging its functions, CHRAJ’s operational independence is guaranteed constitutionally. Reports to Parliament only

    29. Sunday, September 02, 2012 29 Cont’d This independence enables it to investigate even the sitting President, Ministers of State and high public officials on allegations of corruption, abuse of power and conflict of interest.

    30. Sunday, September 02, 2012 30 Strategy Three-Prong: Investigations Prevention Education

    31. Sunday, September 02, 2012 31 Cont’d Investigations: P.V. Obeng and others (illegal acquisition of wealth) The Appiah Ampofo Case (bribery) Joy FM v. SSNIT (misappropriation, COI, others) Prof. Kwaku Asare v. Clerk of Parliament (The MPs Car Loans Case) (abuse of office and corruption) NDC Minority in Parliament V. President J.A. Kufuor and others (COI) The Hotel Kufuor Case (illegal acquisition of wealth, and COI) Hon. Richard Anane (corruption and COI) Hon. Alan Kyeremaneten

    32. Sunday, September 02, 2012 32 Cont’d 1994-May 2007-over 230 cases:( over 100,000 in all) Between 1994-2000 -58 cases Between 2000-2004 -82 cases 2005 -8 including investigations into the cases of, “Hotel Kufuor” and Dr. Richard Anane 2006-52 2007- 17

    33. Sunday, September 02, 2012 33 Prevention Conflict of Interest Guidelines Establishment of Ethics Desks in Agencies Code of Conduct

    34. Sunday, September 02, 2012 34 Cont’d Education: Forums Seminars and Workshop Outreach Documentary on Corruption Posters and other educational materials As at November 15, 2007, over 1000 public officials received training on Conflict of interest Guidelines

    35. Sunday, September 02, 2012 35 Other Measures Established AC Department Coalition Building-GACC, of which CHRAJ is a founding member and Vice Chair Collaboration with other AC Agencies

    36. Sunday, September 02, 2012 36 Challenges/ Constraints There are three legislative limitations: Under Act 456: The Commission cannot investigate a matter which is pending before a court or judicial tribunal; or a matter involving the relations or dealings between the Government and any other Government or an international organisation; a matter relating to the exercise of the prerogative of mercy Act 720: Order of a Court

    37. Sunday, September 02, 2012 37 Challenges/ Constraints Where recalcitrant parties refuse to implement the CHRAJ’s recommendation within three months of the recommendation, and where the Commission deems it necessary to have the recommendation enforced, it must go to court. The CHRAJ lacks prosecutorial powers. Under Article 88 (4) of the 1992 Constitution prosecution of corruption cases by agencies including the CHRAJ within the criminal justice system remains the prerogative of the Attorney General.

    38. Sunday, September 02, 2012 38 Challenges/ Constraints Absence of a Freedom of Information Law Resource Limitations Political Will Managing Expectations of the Public

    39. Sunday, September 02, 2012 39 Conclusion The fight against corruption is complex and can be dangerous and lonely sometimes. No one country, agency or person can do it alone successfully. We need to come together and strategize. That is why Meetings of this nature are very useful. I thank you very much for the attention.

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