The Coalition of Civil Society Organisations (CSOs) and OccupyGhana have expressed disappointment over Cabinet’s reluctance to approve the 2022 Conduct of Public Officers Bill (CoPO) for enactment.

In a joint statement, the coalition said its reaction followed repeated assurances by the President and the Attorney-General that the Bill would be passed into law.

It, therefore, challenged Cabinet’s assertion that existing laws were sufficient to address the conduct of public officers, urging for the swift approval and enactment of the CoPO Bill by Parliament.

Context

“Since 1993, successive governments in Ghana have unconstitutionally extended the period for public officials to declare their assets. Rather than fulfilling the constitutional requirement to declare assets before assuming office, officials have been allowed up to three months after their appointment to do so.

CoPO Bill

The statement argued that recent issues surrounding unexplained acquisition of wealth by public officials could have been mitigated or even resolved if the 2022 CoPO Bill had been enacted.

“We are convinced that the recent issues arising and concerning public officials and apparently unexplained wealth would have been resolved if the 2022 CoPO Bill had been enacted.

“Possibly, that is why the Bill is facing strong resistance in Cabinet against its approval,” it sated.

The statement said, “This is inexplicably shocking, considering that the 2018 CoPO Bill was previously recommended for Parliament’s adoption with minimum suggestions by the Parliamentary Committee on Constitutional, Legal and Parliamentary Affairs (Parliamentary Committee) in July 2020.”

“The non-passage of any CoPO Bill since 2013 suggests governments’ and parliaments’ lack of commitment to fight the rising cases of alleged corruption, bordering on procurement and conflict of interest breaches in the Fourth Republic.

“The bill represents a critical tool in the fight against rising corruption, particularly in areas related to procurement and conflicts of interest. The reluctance of successive governments and parliaments to pass the CoPO Bill raises serious concerns about their commitment to combating corruption in the Fourth Republic,” it stressed.

“It is noteworthy that although citizens elect presidents or executives and give them the authority to make policy decisions on their behalf, due to personal interests the elected officials’ actions do not usually align with the interest of the citizens,” it observed.

It stressed that transparency and accountability were cornerstones of good governance.

“Many jurisdictions around the world have implemented legislation to ensure that public officers adhere to high ethical standards. For instance, the United States implemented the Ethics in Government Act of 1978; Kenya enacted the Public Officers Ethics Act in 2003; and the United Kingdom passed the Constitutional and Governance Act in 2010.

“These laws have been instrumental in ensuring that public officials serve the needs of their citizens, and that public funds are managed effectively to minimise corruption,” the statement added..

It said, “a recent Afrobarometer survey shows “majority (77 per cent) of Ghanaians say the level of corruption in the country has increased and the government is doing a poor job of fighting corruption” and “many citizens (69 per cent) see widespread corruption in key public institutions, but fear retaliations should they report cases of corruption to the authorities” (CDD, News Release, 28th July, 2022).”

“As widely reported, public institutions are undermined by corruption, leading to low public confidence in government and economic systems, and a low level of trust required for the operation of a market economy.”

Moral imperative

Consequently, the coalition said the enactment of the Conduct of Public Officers Bill was not just a legal necessity but a moral imperative to ensure the efficient and transparent functioning of Ghana’s public sector.

“It is essential for achieving the broader goals of economic development and ensuring the welfare, freedom and happiness of every Ghanaian, as enshrined in Article 36(1) of the Constitution,” it said.