I foresee Ghana’s democratic arrangements failing to deliver – Bagbin

The Speaker of Parliament Alban Bagbin has said he foresees Ghana’s current democratic arrangements failing to deliver the much-needed democratic dividends to address societal challenges, inclduing youth unemployment, deteriorating economic fortunes of the country and the poor management of our environment and our God-given resources. 

This will lead to a continuation of young people and professionals losing faith in the country and seeking better opportunities elsewhere, rising cyber crime and total loss of confidence in our democracy.

“If Parliament fails in its responsibility and if political leaders continue to be driven by personal rather than national interest, our country risks becoming a failed state.  Government will be unable to stamp state authority on some of the existential issues that threaten our national security and survival, i.e., the destruction of our environment and water bodies through increased illegal mining commonly referred to as ‘galamsey’ and other inimical acts that undermine the very fabric of society. Our nation, once known for its democratic values of tolerance and hospitality will find itself in a situation where it is unable to address societal wrongs. Citizens will feel more disconnected from the system and struggle to find their place. Civil liberties will be at risk, journalists will be targeted for speaking truth to power, and our independent media organizations will largely disappear.   Our fourth attempt at democratization will fail, paving the way for the people to take over the helms of governance,” he said during the Univsreity of Ghana Alumni lecture in Accra on Friday.

He added ” while this might sound alarming, the recent spate of military coups in our sub-region has raised concerns that, as Joseph Asunka of Afro barometer succinctly put it: ….the continent may be riding global wave of democratic recession back to the military regimes of yesteryear. The sight of ordinary Malians (twice in one year) and Guineans pouring into the streets to celebrate military takeovers prompts important questions about the future of African democratization.

“But before I conclude, let me remind listeners of what Albert Eistern said “The world will not be destroyed by those who do evil, but by those who watch them without doing anything. Given the portrait I have painted of our democratic journey over the last thirty two years, I believe many in the audience today  might be tempted to go away from here with a pessimistic view of our journey and what lies ahead.  Let me clarify that despite our challenges, there is no better alternative than that of democracy. As President Obama said, democracy will work only if we fight for it. We must strive as a people to create our own model of democracy and fight for it to work.

“With these submissions , I thank you very much for the opportunity to share my thoughts with you.  May God continue to Bless our homeland Ghana, and make it better, greater and stronger.”

Below is his full address…

Speaker Bagbin Delivers University of Ghana 75th anniversary lecture.

30 YEARS OF PARLIAMENTARY DEMOCRACY IN GHANA: THE JOURNEY THUS FAR

Keynote Speech at the 2024 University of Ghana Alumni Lecture

By:

Rt. Hon. Alban Sumana Kingsford Bagbin

Speaker of the Parliament of the Republic of Ghana

September 19, 2024

INTRODUCTION

Madam Vice Chancellor

Madam President of the University of Ghana Alumni Association

Members of the University Hierarchy

Distinguished Ladies and Gentlemen

Let me begin by expressing my sincere gratitude to this great Centre of Learning, the University of Ghana, Legon, and it’s Alumni Association for the distinct honor of inviting me to deliver this year’s lecture on the topic 30 Years of Parliamentary Democracy in Ghana. The journey thus far. At a time when our country is about to face the greatest test of the resilience of our democracy since the start of the 4th Republic, this call places on me a heavy responsibility to be candid and honest to compatriots about Ghana’s performance thus far.

I salute all previous speakers on these anniversaries and in particular, Dr. Tony Oteng Gyasi who delivered last year’s lecture.

Madam Chair, the last thirty two years have been historic in Ghana’s democratic journey.  Our country has witnessed uninterrupted parliamentary democracy compared to its past checkered history of episodic democratic rule with some interventions of varied descriptions since independence in 1957. The Parliament of Ghana has been a casualty of unintended consequences during these numerous periods of interventions .

The rebirth of constitutional rule came on the back of many years of a search of what the Leaders then, termed “true democracy”, a concept of democracy of “not merely a conclave of the learned few or those who considered themselves as the political elite “. This search was carried out through the medium of regional seminars designed to solicit the views of the public: the result was the unique structure of the 1992 Constitution as a governance framework in which the traditions of both liberal and participatory democracy were meshed in what was said to be a mutually reinforcing manner (IDEG, Ato Dadzie and Kwamena Ahwoi).

Since January 1993, Ghana has been the “driver” of what has been generally described as democracy in the West African sub-region and beyond.  Our system was touted by many analysts including our own Gyimah-Boadi and Ninson, as one of the political success stories in Africa.  In fact, for close to a quarter of a century, our sub-region was said to have made more democratic progress than all regions of the continent.  And as Freedom House, a respected non-governmental organization which tracks democracy worldwide observed in a 2020 report,  “open elections and regular leadership transitions were becoming close to the norm in West Africa”.  Regrettably, in recent years, the region that showed the fastest decline in political rights and civil liberties has been West Africa.  Thankfully, Ghana remains intact and stable, marking a significant milestone in our 30 year political history in 2022, albeit not without its own challenges.

Madam Chair, my presentation today is a deep reflection of Ghana’s democracy journey with a focus on Parliament as the central institution of democratic government. The first to the eighth Parliament of the fourth Republic of Ghana come in handy as the center piece of the presentation.

This presentation begins by tracing the evolution of these parliaments of the fourth Republic (character, form, nature and peculiarities) through the lens of the changing dynamics brought by each electoral cycle.  It then carefully examines the successes we have achieved.  Following that, the presentation looks at the factors that have constrained the eight parliaments in effectively performing their duties and living up to the expectations of our compatriots.  These examinations have been considered in the global context of democracy and the severe headwinds that every single episode faces and how these have impacted Ghana’s democratic process.  The paper concludes with some food for thought to all patriots of our beloved nation, Ghana.

THE EVOLUTION OF PARLIAMENT OF THE FOURTH REPUBLIC

Madam Chair, the 4th Republic has so far produced eight terms of Ghana’s product of what is generally referred to in the Commonwealth as Parliament or House of Representatives .  But before I delve into the core of my message today, let me first of all remind distinguished ladies and gentlemen of the entry composition, leaders and key features of these parliaments – the very first to the seventh Parliaments I had the privilege to be an active player , and the current Eighth one I have the blessing and singular honor to occupy the chair of the House as the Speaker .

The first Parliament – Jan 1993 to Jan 1996 – marked the beginning of our march from an unelected rule to an elected government which ushered in the 4th Republic as well as the re-establishment of democratic governance in the country.  This was after the adoption of the new constitution, the Constitution, 1992, by the people through a referendum, as the Supreme law of our land. Then followed the 1992 Parliamentary elections which produced a contested parliament. An alliance of opposition political parties boycotted the Parliamentary elections on the grounds that the presidential elections, conducted earlier on had been manipulated (IDEG, Ninson)

The Speaker of Parliament elected by the first parliament was Rt. Hon. Justice Daniel Francis Kweipeh Annan, a retired Justice of the highest Court of the land at the time and a stalwart of the PNDC and the National Democratic Congress (NDC) .

The political representation in the 1st Parliament saw the NDC emerge as the dominant party with an overwhelming majority of 189 out of the 200 seats in Parliament. The National Convention Party (NCP) held 8 seats, while Every Ghanaian Living Everywhere (EGLE) party secured 1 seat. Additionally, there were 2 independent members of parliament.  A significant feature of this 1st Parliament was that a number of opposition parties including the New Patriotic Party (NPP), boycotted the parliamentary elections on account of allegations that the presidential elections had been manipulated by the Electoral Commission with the active participation of the government of the day, in favor of its offshoot, the NDC. The NDC domination of the Parliament, in alliance with comrade parties made Ghanaians refer to it as a one party Parliament. It was a multiparty and plural Parliament. This compelled President Rawlings to express his faith in the Parliament in a public statement in these words : “Even if the present composition of Parliament is like a one party system, there is so much trading in logic and criticism that it will serve the ends of democracy. “

The gender demographics of the 1st Parliament was notably skewed, like all successive ones, with men occupying 184 seats and women holding 16 seats, making up about 8% of the total number of seats. This disparity highlighted the challenges in efforts to achieve gender equality in political representation.

The second Parliament ran from Jan 1997 to Jan 2001. Rt. Hon. Justice Annan continued to serve as the Speaker of Parliament. His re-election for a second term marked a significant milestone in Ghana’s legislative history, making him the only individual to have held the position of the Speaker for two consecutive terms in the 4th Republic.

The NDC maintained a majority with 133 seats. The New Patriotic Party (NPP) who had previously boycotted the 1992 parliamentary polls, emerged as a prominent opposition force with 61 seats, representing 30% of  seats in the parliament. The People’s Convention Party (PCP) and the People’s National Convention (PNC) held 5 and 1 seats respectively.  The gender representation in the 2nd Parliament continued to show a vast disparity, with men significantly outnumbering the women. There were 180 males and 20 females.  Women representation thus witnessed a marginal increase –  from 8% in the 1st Parliament to 10%.

Madam Chair, the 3rd Parliament, which ran from Jan 2001 to Jan 2005, marked a very important moment for our democratic journey. The opposition NPP won a run-off presidential elections on December 28, 2000 after none of the contesting parties was able to get the required more than 50% valid votes cast. It set the tone for what has become a very unique part of our democratic history – the peaceful transfer of power from one party to another.  In fact, it signaled the start of the stability of our democracy. It ushered a transition in leadership at both the executive and legislative levels.  While President John Agyekum Kufuor took over the Presidency from President Jerry John Rawlings, in Parliament, Rt. Hon. Peter Ala Adjetey succeeded Rt. Hon. Justice Annan as the Speaker of Parliament, a person he described as his mentor.

For the first time since the inception of the 4th Republic, a political party other than the NDC held the majority in parliament. The NPP secured 100 seats in parliament, giving it a slight majority over the NDC which held 92 seats. This change signified a more competitive and pluralistic political environment. The PNC garnered 3 seats whilst the CPP held on to only 1 seat. Independent Members of Parliament who disagreed with the results of the NDC primaries, also occupied 4 seats in Parliament. This added up to the diversity of the representation in the 3rd Parliament. The third Parliament has been described by political observers as having played a key role in the emergence of Parliamentary democracy in the country. In part this reflected the fact that the substantial NDC Opposition was able to bring it’s considerable executive experience and familiarity with the rules of engagement in Parliament to bear on the business of the House. (H. Belley)

This 3rd Parliament was composed of 182 males and 18 females, which represented about 9% of the total number of parliamentary seats and indicated a decrease in women representation in parliament. The youth constituted about 11%.

In the 4th Parliament – Jan 2005 to Jan 2009, the leadership of Parliament changed.  It moved from the stewardship of Rt. Hon. Peter Ala Adjetey to that of the Rt. Hon. Ebenezer Begyina Sekyi-Hughes.  The 4th Parliament also witnessed an increase in electoral districts.  This expansion was primarily due to the creation of 30 new constituencies.  Consequently, the number of MPs increased from 200 to 230. The NPP held a majority of 128 seats out of the 230 seats. The NDC held unto 94 seats and continued to be a strong opposition force. The PNC had 4 seats while the CPP improved to 3 seats. One Independent member occupied the remaining seat.

The 4th Parliament was composed of 206 males and 24 females. There was a noticeable but marginal increase in the number of women in parliament, rising from 18 in the 3rd Parliament to 24 in the 4th Parliament.   In the 4th Parliament therefore, women made up about 12% of the seats in parliament.

Madam Chair, let me now turn to the 5th Parliament – Jan 2009 to Jan 2013. The outcome of the Presidential elections did not produce a winner and there was a general run-off followed by a Tain constituency delayed elections five days later on the 2 January 2009. This Legislature was historic.  First, we had a peaceful transfer of power, the opposition NDC taking the reigns of power from the ruling NPP.

The composition of the 5th Parliament included a mix of political parties. The NDC held a slight majority with 116 seats, while the NPP followed with 107 seats. The presence of the CPP (1 seat) and PNC (2 seats), although minimal, along with the independent MPs (4 seats), contributed to the multi-party representation in parliament.

The 5th Parliament was comprised of 210 males and 20 females, representing 8.7% of parliamentarians, reflecting a decrease in the percentage of female representation in Parliament.

One of the most significant features of the fifth Parliament included the election of the first ever female Speaker of Parliament, Rt. Hon Justice Joyce Adeline Bamford–Addo. Her election represented a significant step forward for gender equality in Ghanaian politics and provided a role model for women in politics and leadership. While the election of the first female Speaker was seen as a boost to gender in governance, the maintenance of the same percentage of females who had been elected to parliament highlighted the persistent need for more concerted efforts to promote gender equality and participation of women in Ghanaian politics.

The 6th Parliament from Jan 2013to Jan 2016,  was for the first time in the history of the Fourth Republic led by a sitting member of Parliament, Rt. Hon Edward Kobla Doe Adjaho, as the Speaker of Parliament. In accord with the dictates of the Constitution, he had to resign his seat as a MP for a by-election to be held.

In the sixth Parliament also, the number of parliamentary seats increased from 230 to 275 .

The composition of the 6th Parliament included 4 political parties and independent MPs. The NDC held a majority of 151 seats, the NPP secured 12o seats, maintaining a strong opposition presence.  Both the CPP and the PNC held single seats. There were three independents MPs. The gender composition was 244 males and 31 females.

Another significant development in the 6th Parliament was the number of young people who made it to Parliament.  Out of the 275 MPs, 42 were young people (Ghana Statistical Service definition of the youth – 15-35 years).  They represented 15% of the total number of MPs.

The 7th Parliament, from 2017 to 2020 saw yet another peaceful transition of power, from the NDC to the NPP.  The Legislature was led by Rt. Hon. Aaron Mike Ocquaye as the Speaker of Parliament.

The 7th Parliament was composed of only two political parties, the NPP and the NDC, widely referred to as the two major political parties. The NPP held a substantial majority with 169 seats, while the NDC secured 106 seats.

The 7th Parliament comprised of 237 males and 38 females (15.5% of the total number of parliamentarians), signifying a steady rise in the percentage of female representation in parliament.

Apart from the increase in women representation in the Parliament, a visible composition of the 7th Parliament was the disappearance of the smaller parties, leaving only the NDC and the NPP with representation in the House.  Ghana had thus moved from a multi party system to a duo poly. Like the 6th Parliament, there was a notable presence of the youth – 44 MPs, representing 16%.

The 8th Parliament – Jan 2021 to Jan 2025 which I preside over, is unique and at the same time historic.  Its uniqueness stems from many aspects : The most visibly unique feature derives from the fact that for the first time in our history, we had an equally divided parliament, a hung Parliament.  Both the NPP and the NDC hold 137 seats apiece . The dominance of the two parties in the politics of the country became pronounced. The only  independent candidate in the House, a former MP of the NPP, formally declared in writing to support the NPP in the conduct of parliamentary business , making the NPP and the Independent member to constitute the Majority Group in the House (my landmark ruling of January 15, 2021.). There is no majority party but co-equal duopoly Parliament.

Another unique feature of the 8th Parliament is the female representation.  While there is a marginal increase in women representation, like the House itself, each party has 20 female MPs apiece – making a total of 40 female MPs.  This brings the percentage of women’s representation to approximately 14.5%. Regrettably, the number of young people saw a dip – from 44 in the 7th Parliament to 33 in the 8th Parliament or from 16% to 12%.

The Parliament is also historic in the sense that for the first time in our history, a ruling party failed to secure the speakership of the Legislature.  The Speaker of the Eighth Parliament is from the party not in control of the executive arm of the government of the day. The Speaker, a former NDC MP, a longstanding leader of Parliament, now preside over the House as a Speaker and chairs the Parliamentary Service Board.

In its uniqueness the 8th Parliament has supported the fight towards increasing female representation in parliament and public spaces, and being instrumental in the passage of the Affirmative Action Bill after almost two decades of national deliberations.

The 8th Parliament further consummated many reforms including the adoption of new Standing Orders in January 2024, a new organogram for the Parliamentary Service, and the establishment of the ‘Citizens’ Bureau aimed at creating more space and facilitating citizens’ access to Parliament. This is also to enable Parliament to receive quick feedback from CSOs and other stakeholders, as well as providing CSOs the platform to make valuable inputs into the work of Parliament.

Madam Chair, Distinguished Ladies and gentlemen. This is the journey of Parliament thus far. The country has moved from a multiparty Parliament to a duopoly, a majoritarian House to a hung Parliament, low women and youth representation and occasionally minimal PWD other social groups representation. Gender equity and equality in Parliament is one of the lowest in Africa. Ghana’s program on women empowerment is long on words but short on delivery. The country is yet to address the issue of inclusive Parliament, thus leaving nobody behind in the decision-making process.

In addition to the above, is the disturbing high turn over of MPs in the Fourth Republic. By the tenure of the sixth Parliament, I was the only remaining MP from the first Parliament in the House. As at now, there is none, since as a Speaker, I am no longer an MP. The only survivor from the first 61 MPs from the NPP in the second Parliament is Hon Osei Kyei– Mensah–Bonsu, who has also voluntarily opted out of the House.

Madam Chair, in the 1996 elections, only 69 of the 200 MPs in the First Parliament returned to the House. One hundred and twelve (112) were returned from the second to the third Parliament, following the 2000 elections. Most MPs do not go pass one term of office. For example the Seventh Parliament had one hundred and eighty two new entrants in the 275 – member Chamber and only 92 continuing members, most of whom cannot be described as “old hands”. This high attrition rate of MPs is affecting the growth and development of Parliament in so many ways such that currently there are second term MPs who are holding leadership positions. Also the effectiveness of Parliament as a valuable institutional memory and experience is been quickly lost (H. Belley). The strength of every Parliament is in experience. It takes to understand and practice the culture and law of Parliament and to cultivate the right attitude, habits, skills and competences to be an effective and efficient MP.

THE ACHIEVEMENT/DIVIDENDS OF GHANA’S DEMOCRACY

Madam Chair, despite the above shortcomings, there are some achievements to celebrate. Permit me to remind participants of some of the achievements of this 30 year journey.  For the sake of brevity, I will limit myself to those I consider to be transformational.

Polity Stability

Polity stability is generally the perception of the likelihood that a government or a regime will not be destabilized or overthrown by unconstitutional or violent means, including politically-motivated violence and terrorism.  For the last 32 years, our country has maintained a stable democratic system with peaceful transfers of power.  This has produced for our country, a stable political system. To a large extent, our political system is seen to be legitimate.  Leaders are elected and not imposed.  They are chosen through processes that are perceived as fair and representative. This legitimacy has helped ensure that the successive governments and legislatures have the broad support of citizens, reducing the likelihood of widespread dissent or unrest that characterized the early years of our nationhood.

In addition, Madam Chair, our democratic system has provided structured mechanisms for addressing and resolving our differences.  Since the inception of the Fourth Republic, Parliament has passed over one thousand (1000) Bills.

All stakeholders within the polity, have chosen and adhered to democratic approaches to resolving our differences.  Our electoral processes, legislative processes, and judicial reviews, even if not fully perfect, have offered peaceful avenues for airing grievances and negotiating solutions thereby reducing the potential for violence or instability.

Furthermore, the last 30 years have witnessed efforts to promote political inclusivity by allowing diverse groups and opinions to be represented in governance. Because various groups have a voice in decision-making, it has helped mitigate feelings of marginalization and reduce the risk of social divisions or unrest.

Thanks to the stability of our political system, our country belongs to the group of nations that are categorized as ‘Free’.  According to Freedom House, Ghana’s 2024 Global Freedom Score is 80/100, placing our country among those that respect the political and civil rights of its citizens.

Expansion of the Civic Space

Put simply, civic space is the political, legislative, social and economic environment which enables citizens to come together, share their interests and concerns and act to influence and shape their societies.  Civic space enables people to pursue multiple, at times competing, points of view both individually and collectively.   An unfettered civic space is crucial for fostering a vibrant, democratic society where diverse voices can be heard and where individuals have the opportunity to contribute to shaping their communities and countries.

Madam Chair, over the last 30 years, a key cornerstone of the expansion of our civic space has been the legal and institutional frameworks that successive Legislatures have helped to establish – laws and institutions that protect fundamental rights such as freedom of speech, freedom of assembly, and freedom of association. These rights have largely been upheld and not unduly restricted by the government or other entities.  We have also encouraged public participation in our governance by creating mechanisms for citizens to engage in decision-making processes. On the part of Parliament, we have consistently made efforts to open the institution to the public and have gone as far as taking Parliament to the people.  The first Parliament initiated quarterly public forums (1994) and the Speaker’s Breakfast meetings (1997). In 2005, Parliament introduced in addition, a social outreach program where the Speaker and a cross section of MPs move to local communities to answer pertinent questions about their stewardship. The concept of the Youth Parliament was also introduced in various Tertiary institutions and communities in the country.

Two notable developments by my leadership are the Speaker Seminal Lecture Series and a master stroke, a Citizens Bureau within the Parliament of Ghana, an open, inclusive and participatory mechanism – the first of its kind on the continent. To comprehensively and effectively implement these initiatives, Parliament has upgraded the Public Affairs Department to a sub-Division with the creation of three departments, public engagement, media relations and broadcasting. The Speaker Seminal Lecture Series, Public Forum, Breakfast Meetings and the Citizens Bureau are driven by the Public Affairs Sub-division of the Parliamentary Service. “Together with civil society members, activists and Change-makers, we illuminate the path toward a more participatory, accountable and just democracy – one where the Parliament of Ghana becomes not just an institution, but a living embodiment of the hopes and dreams of its people” (S. Obeng, PN Africa). These efforts have earned Ghana a place of pride as having the most open Parliament in the continent, according to the Open Parliament Index developed by Parliamentary Network Africa.

Madam Chair, I have to be quick to add that while our civic space has been degraded from marginally ‘narrowed’ to ‘obstructed’ nationally, based on the 2023 research by CIVICUS and the West African Civil Society Institute (WACSI), drawing on recent political happenings in our country, by and large, there has been more ‘expansion’ than ‘narrowing’ or ‘obstruction ‘ of our civic space in the last 30 years.

Press Freedom

Madam Chair, let me now turn to Press Freedom.  I begin by borrowing from the Media Foundation for West Africa (MFWA).  According to the Foundation:

A free and independent press is critical to the democratization of countries. It is an enabler of the enjoyment of the right of freedom of expression; a vehicle for accountable and responsive governance and a channel for political expression for a diversity of groups and interests. Ghana has a reputation as one of Africa’s most democratic countries, with a vibrant and pluralist media environment where journalists expose corruption, highlight incompetence and crime, and demand accountability from the powerful and duty bearers. Indeed, Chapter 12 of article 162 of the 1992 constitution,… provides strong safeguards for the freedom and independence of the press in Ghana albeit not fully respected in practice.

Press Freedom in Ghana witnessed a major boost in July 2001, when the 3rd Legislature unanimously repealed the country’s criminal libel and sedition laws, including clauses related to sedition and defamation of the president. The Legislature went further to scrap laws granting the president discretionary power to ban news outlets. As a result, all pending legal cases filed under the repealed sections were dropped. Our country’s march to openness and transparency received a further boost when the 7th Legislature passed the Right to Information Act.

The improved legal environment led to the sustained improvement in the country’s freedom landscape over the years, culminating in the 2018 ranking by Reporters without Borders (RSF) as Africa’s country with the freest media.

But alas! According to the Media Foundation for West Africa:

The impressive rise has since been followed by a steep decline in recent times. The country has been recording violations on a scale and severity that defy its reputation as a democratic model in West Africa. Journalists face risks of arrest, detention, and torture from state agencies like the police, military, secret service, and political operatives of political parties with security agents being the worst perpetrators of violations against journalists. The attacks have been systematic, and in nearly all cases, no one has been held to account.

Madam Chair, while these recent events have been a dent in our country’s Press Freedom image, with the risk of undoing the sterling efforts of the Legislature, I am of the strong belief that we have a robust democratic system capable of correcting some of these autocratic acts of leadership.

After all is said and done, we can all agree on one fact:  overall, our press freedom has fostered a democratic environment where accountability, transparency, and public participation have flourished.  We have come a long way and today as compared to the previous 30 years, our press has a very wide space within which to operate. This transparency has been crucial for informed decision-making and  has allowed citizens to participate more effectively in democratic processes.  In addition, the press has served as a watchdog over government and corporate actions. Investigative journalism has uncovered many cases of corruption, abuses of power, and other malfeasance, sometimes to an extent that our ‘partisan’ politics has not been able to.  In fact, the media has been a good ‘check on power’ through the many reportages that have exposed wrongful actions and advocated for justice, thereby helping to prevent the concentration of power and maintaining a balance among different branches of government.

Furthermore, our press freedom has led to the promotion of diversity of opinions and viewpoints. This pluralism has enriched public debate and ensured that multiple perspectives are considered in policymaking.  This is essential for the health  our democracy.

Civil Liberties

Madam Chair, the aggregation of the dividends I have highlighted above: political stability, an expanded civic space and press freedom – constitute what is called civil liberties. In essence, civil liberties constitute the bedrock of democratic societies by providing the framework for individual freedoms, supporting active citizen engagement, and ensuring that government power is exercised within boundaries that protect the rights and dignity of all individuals.

When civil liberties are protected, it fosters trust and confidence in democratic institutions. People are more likely to believe in and support their government and legal systems when they see that their rights are respected and upheld. In the words of the 2nd US President – John Adams – uttered in 1765,  “Liberty cannot be preserved without a general knowledge among the people, who have a right … and a desire to know.”

Today in our Parliament, we have a Parliamentary Caucus on Freedom of Religion or Belief (FoRB), working to ensure that our citizens are free to believe or not to believe.  This initiative is spearheaded by the African Centre for Parliamentary Affairs (ACEPA).  Last year, I had the privilege of launching this Caucus at a ceremony at Alisa in the presence of MPs from across the continent.  I am told the Caucus is one of only four across our continent.

In addition to the FoRB Caucus, I inaugurated other caucuses such as the Disability Caucus, Women Caucus, the Young Parliamentarians Caucus, composed a Human Rights Committee, established the office of a Commissioner of Standards, an Anti-Corruption Unit, etc. All these are established in Parliament to champion important causes linked to the civil liberties of our citizens.

In addition, Madam Chair, I will be stating the obvious if I say the civil liberties we all enjoy have promoted political participation and enabled all of us to engage in political activities, such as voting, campaigning, and freely joining political organizations of our choice. This active citizenship is crucial for a vibrant democracy where individuals can influence government policies and hold elected officials accountable.

THE CHALLENGES

Madam Chair, let me now turn to the challenges bedeviling our democracy.  While Ghana’s democracy is relatively stable and deepening, it’s important to note that it has run into a headwind and is facing challenges and requires our collective efforts to save it, and most importantly to strengthen it.

The question on many of our citizens’ minds is ‘has democracy really delivered’?  That is a very legitimate question.

The October 2023 edition of the Economist magazine had this telling headline: ‘Africa Loses Faith in Democracy.’  The magazine noted that:

Africans are frustrated with the sham that passes for ‘democracy’ in most countries.  They are also fed up with the flimsy states that provide neither security nor prosperity.  Around two-thirds of them, as well as majorities in 28 of 36 polled countries, feel their countries are heading in the wrong direction.  Should this continue, many Africans, especially younger ones, may be tempted to reconsider shabby social contracts – and look for radical change.

In its latest report on the Global State of Democracy 2023, International IDEA – a Stockholm based inter-governmental organization noted that:  ‘Across every region of the world, democracy has continued to contract, with declines in at least one indicator of democratic performance in half of the countries covered in the 2023 Report’.

Data after data provide similar gloomy scenarios and point to declining satisfaction with the way democracy is working across Africa. Joseph Asunka, the head of Afro barometer, says the failures of governments and elected leaders to meet popular democratic aspirations have “led to a decline in popular confidence in democratic governance and an increasing attraction to military rule and intervention”.

Madam Chair, while our country remains an island in a turbulent region, it is not immune to the conditions that have given rise to the growing declining faith in democracy amongst our people.  Having been part of our democratic journey for the past 32 years, permit me Madam Chair, to state the obvious.

The first challenge confronting our democracy is from the “source document of our democracy” – our Constitution.  The architecture of the Constitution, 1992, is complex. It is based on the principle of separation of powers, as well as a system of overlapping personnel and powers resulting in a very difficult hybrid of the presidential and parliamentary systems of government. I venture to submit that the focus of the final brains behind the Constitution was to achieve political stability. If my guess is right, I must admit we have succeeded in doing just that at the expense of development. We now have to move on to focus on development.

However the Constitution, 1992, has many defects and the time to fix those defects has been long over due. While the defects are too many to cite in this paper, I will highlight three of them and how they have impacted the work of Parliament.

Constitutional challenge one is the excessive executive power that many analysts have complained about over the years.  The fusion of executive and legislative powers in certain respects, and the hybridization of the Parliamentary and presidential system have given the executive a huge and unequivocal presence in Parliament (IDEG, Ninson). Our democracy is supposed to stand on three legs – the executive, the legislature and the judiciary – with equal powers.  Yet, the framers of the Constitution created a powerful executive, to the detriment of the two other branches of government. We thus run a system that “stands on one strong and two weak legs”. As has been pointed out by van Cranenburgh (2003:188-189), “vertical accountability, defined by the institutional set up of government by which organs of State control or limit the power of one another determines the extent to which power is diffused or centralized. In contrast with elections which provide periodic means for demanding accountability from government, institutions established within a constitutional framework ensure continuous accountability. Where power is diffused, especially within a system of checks and balances, accountability is better achieved through due diligence of the Legislature, and good governance is guaranteed.”

In the Constitution, 1992, the executive and legislature are theoretically two independent centers of power, equal and coordinate in several ways. In practice however executive power is dominant, enjoying the advantage of vested capacity and actual control over the immense resources of the state. In contrast Parliament‘s power is mainly derived from the formal provisions of the Constitution without the political and material means for actualizing it.” For instance, “resource imbalance” between the three branches. While the executive gets allocated over 98% of our national budget, the Legislature and the Judiciary receive a paltry less than 1% each.  This has over the years, eroded the power of the legislature to serve as a check on the executive.  Oversight can be difficult without resources to ensure that Parliament has the needed working tools – researchers, office space, particularly in their offices and constituencies to perform their duties.

Madam Chair, thanks to the marriage between the Executive and the Legislature, blessed by the Constitution, oversight and accountability has suffered a great deal. Most MPs are beholden more to the Executive, and are in perpetual keen competition to catch the eye of the President to be rewarded with positions in the Executive and not that of the Speaker to be to be given the floor of Parliament to contribute to the deliberations of the House . They do this to the neglect of their duties as elected representatives with a mandate to oversee Executive actions.

Constitutional challenge two, Madam Chair, is the fact that our Constitution has no room for power sharing. This has led to what many describe as the “syndrome of winner takes all”.  Once a party wins power, all other parties are practically excluded from participating in the governance of the country.  This makes our politics a zero-sum game, which analysts like Sir Arthur Lewis have argued is not conducive for plural societies and must be avoided.  In his recent reflections on ‘The Making of the 1992 Constitution’, Nana Dr. S. K. B Asante argued that rather than the zero-sum model, plural societies like Ghana should create political institutions which:

…..give all the various groups the opportunity to participate in decision-making, since only thus can they feel that they are full members of a nation, respected by their more numerous brethren, and owing equal respect to the national bond which holds them together.

In his recent Memoir, this is what Hon Dr. Addo Kufuor had to say:

“In our country, most political parties have ethnic biases.  These biases seem to have become permanent attachments, which if not well managed may lead to ethnic conflicts with political veneer.  ‘The winner takes all’ aspect of the constitution engenders anxiety and resentment in the citizens or ethnic groups on the losing side.  One must bear in mind that in a developing country like Ghana, opportunities for positive advancement, either as an individual or as a community, are limited outside the realm of the State.  Since victory in national elections gives complete control of State resources to the victorious party, those on the losing side forfeit the possibility of acquiring influential positions in society, business contracts, employment avenues, and in the case of talented youth, even scholarships for post-graduate and advanced professional studies.  These are some of the factors that make opposition hell.  For these reasons those in power will fight till death to retain it; and those in opposition will stop at nothing to wrestle power from the ruling party.  The situation may partly be responsible for the many elections-related upheavals which are experienced in many parts of the African continent.  As a matter of fact, the country is already seriously polarized.  Ghana cannot be the permanent exception to the conflict afflicting other African countries.”

Madam Chair, aside the Constitutional challenge, the second challenge with our democracy is one of ‘trust deficit’.  In a 2021 survey by Afro barometer in 34 African countries including Ghana, Parliaments and their members were the least trusted of public institutions.    In Ghana, Afro barometer Round 6 survey a few years ago noted that: “The military enjoys an appreciable level of trust of Ghanaians. But the tax department, local government body, the police, Parliament, ruling party, Electoral Commission, the president, courts of law, and political parties do not appear trustworthy to Ghanaians”.

The survey goes on to say that large majorities of Ghanaians perceive “some,” “most,” or “all” of the following public officials to be involved in corruption:

1. The police (89%)
2. National government officials (86%)
3. Members of Parliament (85%)
4. Judges and magistrates (85%)
5. Tax officials of Ghana Revenue Authority (85%)
6. District Chief Executives (84%)
7. The President and officials in his office (83%)
8. Local government representatives (83%)
9. Officials of Electoral Commission (81%)

Madam Chair, clearly, the people we lead do not trust us.  We need a re-set of the social contract and the relationship we have with our people.

The third and related challenge is one of relevance.  Given the low trust levels and given that many believe democracy has not delivered, our democracy and parliament in particular, is faced with the challenge of relevance and the need to prove to citizens that we can deliver on our mandate, particularly of holding the executive to account and ensuring that corruption and waste are at the barest minimum in all our countries.  Recently in Kenya, citizens went after their MPs and set a part of Parliament ablaze.  They said MPs are irrelevant and a part of, instead of being a solution to their daily problems. This was ten clear years after a similar occurrence in Burkina Faso, where the parliament was set ablaze by dissatisfied citizens. This tells us how important the question of relevance is.  If we do not prove our worth to the people we represent and lead, the writings are clearly on the wall!

Madam Chair, another challenge worth highlighting, which has complicated the work of successive Parliaments, and their members is the ongoing, unsettled debate about whether an MP is a “Trustee with Independence” or a “Delegate with a Mandate”. The “Trustee” view is epitomized by the famous, oft-quoted speech of Edmund Burke of Bristol when he was elected to the UK Parliament.  He said:

Parliament is not a congress of ambassadors from different and hostile interests, which interests each must maintain, as an agent and advocate, against other agents and advocates; but Parliament is a deliberative assembly of one nation, with one interest, that of the whole—where not local prejudices ought to guide, but the general good, resulting from the general reason of the whole. You choose a member, indeed; but when you have chosen him he is not a member of Bristol, but he is a member of Parliament.

This view has been rejected by many who argue that popular sovereignty requires the representative to do as his constituents wish, regardless of his own policy preferences or judgments.  This approach is referred to as the “Delegate with a Mandate” view of representation. The representative is simply an agent of his constituents, someone who governs in place of those who elect him because the latter cannot be present or doesn’t wish to be present so his job is to “re-present” them and therefore he is bound to adhere as closely as he can to their opinions.

MPs in Ghana see themselves as “Delegates with a Mandate”, but this view has been complicated because of the fact that most constituents see their MP as a “development agent” to the extent that once you fail to deliver projects, your stay in Parliament is threatened.  In fact, an MPs longevity in Parliament is positively correlated with his/her record on delivering development projects at the local level.  In addition to this complication, the electoral and the Party systems are structured and operationalised in a manner that ensures the MP prioritises the Party and the President above the nation and the people. They pay more allegiance to party and President than to the people.  They are closer to the party and President and not enabled to consult the people, leading to the current low levels of trust and relevance of Parliament and politics by the people.

Related to the above, Madam Chair, is the fact that our country and our Parliament is also faced with the challenge of political polarization.  In fact, political divisions sometimes exacerbate social and ethnic tensions, which can affect national cohesion and stability.  Most issues in our country, including in Parliament are viewed from a binary perspective.  A majority of MPs are conflicted and faced with the dilemma of party versus issue based politics. This is the classic dichotomy between the Member of Parliament as a representative of the people or that of a party/president. This has hindered bipartisan cooperation and consensus-building on most issues of national interest. As a country, Ghana has been unable to agree on a common vision that binds successive governments; and most importantly, even though we have been through many electoral cycles, there seem to be cyclical mistrust of our election management system. Over the last decade in particular, our elections have been marred by “hyper-polarization” with the two major political parties going to court to contest electoral outcomes and each failing in their effort to out-turn the results.

On this issue of polarization, I made the following remark during my maiden speech to the Eighth Parliament:

I believe that the People of Ghana, in voting as they did in the last elections, have signaled their frustration with and disapproval of the “Party First” mindset and the associated unbridled partisanship and partisan polarization that have taken root in our politics and are giving our option of multi-party democracy a bad name.

Madam Chair, one of the cardinal and sacred roles of Parliament is public financial management and the ‘power of the purse’.  This power has slipped through the hands of many Legislatures in the 4th Republic.  The story has been a mixed bag of more failures than successes.  I admit that Parliament takes a fair share of the blame for the current severe economic downturn that our country finds itself in.  Economic downturns, demographic shifts, and changing priorities necessitate careful fiscal management and decision-making as well as the need for Parliament to navigate and push back on the excessive Executive control.  Our fortunes would have been better if successive Parliaments have taken their ‘power of the purse’ function much more seriously than has been the case.

Madam Chair, another important challenge confronting our democracy is one of ethics and integrity.  Lawmakers and politicians in general, often face ethical dilemmas in balancing personal convictions, party interests, and the common good. What I call the ‘Legislator’s Dilemma’.  Navigating these dilemmas requires integrity, transparency, and accountability. Parliament has a daunting task of strengthening ethical standards and codes of conduct for Members to maintain public trust and integrity in the legislative process.

Madam Chair, let me turn to a challenge that has the potential to completely derail our democratic gains – the rising cost of politics.   According to Herbert E. Alexander, political power “is built upon three constituencies: the electoral, the financial, and the organizational”. Today, the financial aspect has become the most important of the three “constituencies.” The cost of politics is so high that the investment that candidates and their financiers need to secure election is beyond the means of all honest citizens.

Recent studies by the Ghana Center for Democratic Development (CDD-Ghana) show that it costs approximately US$ 100 million and US$693,000 to effectively fund presidential and parliamentary campaigns, respectively. As a former practitioner and now a dormant participant, I can say, without a shadow of doubt that this is an understatement.

Madam Chair, the role of money in politics and elections is a major issue for all those trying to support sustainable democratic development across the world. Money may not guarantee electoral success; but it is rare that electoral success comes to those with very little money.

This rising cost of politics has severe consequences on our democracy. If we continue on the same trajectory, our democracy will be confronted by all the consequences noted above.  One of the consequences I worry about is the issue of exclusion and the quality of our citizens who are willing to embrace public service.  This is already playing out before our eyes.  Our democracy is slowly becoming an “auction” – the “highest bidder” wins.  Some of our best and brightest are shying away from politics yet there is a lot of evidence to the fact that for a country to develop, it must be led by its best. The example of Singapore is instructive.

In our country today, one’s thinking capacity is not relevant for political office.  What is relevant is the “size of the person’s wallet” – to borrow from my, once upon a time, good friend –  Hon. Osei Kyei-Mensah-Bonsu – the former majority Leader. I f I may ask, Madam Chair, Is that what we want for our dear country?

Madam Chair, I foresee our current democratic arrangements failing to deliver the much-needed democratic dividends to address societal challenges, i.e. the bulge in youth unemployment; deteriorating economic fortunes of our country; and the poor management of our environment and our God-given resources.  This will lead to a continuation of what we have begun to see – many of our young people and professionals losing faith in our country and seeking better opportunities elsewhere, rising cyber crime and total loss of confidence in our democracy.

If Parliament fails in its responsibility and if political leaders continue to be driven by personal rather than national interest, our country risks becoming a failed state.  Government will be unable to stamp state authority on some of the existential issues that threaten our national security and survival, i.e., the destruction of our environment and water bodies through increased illegal mining commonly referred to as “galamsey” and other inimical acts that undermine the very fabric of society. Our nation, once known for its democratic values of tolerance and hospitality will find itself in a situation where it is unable to address societal wrongs. Citizens will feel more disconnected from the system and struggle to find their place. Civil liberties will be at risk, journalists will be targeted for speaking truth to power, and our independent media organizations will largely disappear.   Our fourth attempt at democratization will fail, paving the way for the people to take over the helms of governance.

Madam Chair, while this might sound alarming, the recent spate of military coups in our sub-region has raised concerns that, as Joseph Asunka of Afro barometer succinctly put it:

….the continent may be riding global wave of democratic recession back to the military regimes of yesteryear. The sight of ordinary Malians (twice in one year) and Guineans pouring into the streets to celebrate military takeovers prompts important questions about the future of African democratization.

But before I conclude, let me remind listeners of what Albert Eistern said “The world will not be destroyed by those who do evil, but by those who watch them without doing anything. “

CONCLUSION

Madam Chair, given the portrait I have painted of our democratic journey over the last thirty two years, I believe many in the audience today  might be tempted to go away from here with a pessimistic view of our journey and what lies ahead.  Let me clarify that despite our challenges, there is no better alternative than that of democracy. As President Obama said, democracy will work only if we fight for it. We must strive as a people to create our own model of democracy and fight for it to work.

With these submissions , I thank you very much for the opportunity to share my thoughts with you.  May God continue to Bless our homeland Ghana, and make it better, greater and stronger .

Long Live Ghana’s democracy and Long Live those who will fight for it to work.

The post I foresee Ghana’s democratic arrangements failing to deliver – Bagbin first appeared on 3News.

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