GRi Newsreel (Part 2) 07-04-99

Accra (Greater Accra) 7 April

Mr Samuel Y. Bimpong-Buta, Director of the Ghana School of Law, said in Accra on Tuesday that section 185 of the Criminal Code is a justifiable limitation on press freedom.

There should, however, be legislative reforms of the law to exclude private conversation from being an offence and the imposition of a jail term as punishment for breaching it.

Mr Bimpong-Buta was delivering an inaugural lecture, on his election as a fellow of the Ghana Academy of Arts and Sciences, on the topic "The role of the judiciary in the establishment of democracy in Ghana".

He called on the Attorney-General's Department and the Ghana Law Reform Commission to take steps to reform the law, to exclude private conversation and punishment by way of a jail term for its violation.

Section 185 of the Criminal Code, which criminalises false publication "which is likely to injure the reputation of Ghana or the government", has for some time now generated much debate as to whether it is reasonably required within the meaning of Article 164 of the constitution, which puts a limit on press freedom.

He suggested on the other hand, that the criminal law of libel, which puts a person in jail when he could be made to pay adequate compensation to an aggrieved person, cannot be said to be reasonably required in terms of Article 164 of the constitution.

He, however, said where a public officer is defamed in the exercise of his public duties, it will not be right for him to be put to the expense of resorting to a civil action to safeguard his reputation.

Mr Bimpong-Buta said the state should, in that regard, intervene by criminal prosecution with the view to seeking the imposition of a fine as against a jail term.

Mr Bimpong-Buta said generally, in determining whether a law such as criminal libel or sedition is reasonably required as a limitation on freedom of speech and the press, the Supreme Court must resort to a "balancing exercise" by espousing both the interests of society on the one hand and that of the individual on the other.

If the courts interpret both existing and future legislation, creating limitations and impediments on the enjoyment of fundamental human rights and freedoms, they will be promoting good governance aimed at socio-economic, political and cultural development in Ghana, he said.

He further suggested that in carrying out the balancing exercise the judiciary must be able to distinguish between a publication, which constitutes criminal libel or sedition from one that constitutes constructive criticism of government and even the courts by the media.

Mr Bimpong-Buta, who described freedom of speech and expression as an "indispensable requirement for democratic governance", explained that the mere fact that a publication seeks or is likely to undermine public confidence in the government should not necessarily attract criminal sanctions.

On contempt of court, he appealed to judges of the superior courts to sparingly use their "undoubted power to commit editors and newspaper commentators for the contempt of scandalising the courts" for the sake of "our infant and fledgling democracy."

Mr Bimpong-Buta said elaborate provisions in the 1992 constitution would be meaningless unless constitutional law claims and disputes are determined expeditiously.

In that regard, he suggested the creation of a special constitutional court division of the Supreme Court to hear and determine constitutional cases as expeditiously as possible.

He pointed out that long and protracted delays in the delivery of justice constitutes a denial of justice and called for prompt delivery of judgements and rulings and the reasons within the shortest possible time, preferably not more than a month after the conclusion of each case.

"The credibility and public perception of the courts as the fountain of justice would be enhanced by quick delivery of judgements".

He called on the Rules of Court Committee to come out with the "long overdue rules of court, regarding the practice and procedure of the superior courts relating to the enforcement of fundamental human rights and freedoms guaranteed under the constitution".

Mr Bimpong-Buta said the judiciary has a specific role to play in the promotion of good governance under its judicial power provided under the constitution.

He observed that "the constitutional provision aimed at ensuring the independence of the judiciary would not be effective unless the judges themselves, by their decisions, display competence, integrity and knowledge of the law.

"It is only when members of the bench are independent and competent that they can effectively contribute to the observance of the values inherent in a free and democratic society."

Mr Bimpong-Buta welcomed as a "progressive constitutional development" the invoking of not only the letter but also the spirit behind the 1992 constitution in resolving constitutional and political questions, citing the case on the celebration of the 31st December coup as an example.

He said this would ensure the sustenance of the fourth attempt at a democratic and constitutional system of government.

He commended the judiciary for making "some appreciable and effective contribution to the development and sustenance of democracy in Ghana", but urged the courts to "maintain some consistency in the interpretation of the constitution".

Mr Bimpong-Buta, pointed out that co-operation has always been a central feature of democracy, and the judiciary must encourage co-operation between government and the media.

He said there should also be co-operation between the judiciary itself and the government to promote democratic governance.

Democratic governance, he said, must have the attributes of principle of accountability, need for reconciliation in all aspects of national life.

The promotion of national consensus, establishment of the rule of law and the enforcement of fundamental human rights and freedoms, are other attributes. Dr S. K. B. Asante, Vice President (Arts) of the Academy, noted that when the "awesome power" of the judiciary is properly handled and nurtured imaginatively it can strengthen and nourish constitutionalism.

In this regard people should be concerned about the manner in which judicial power is wielded.

Accra (Greater Accra) 7 April

Mr Peter Nanfuri, Inspector-General of Police said on Tuesday that the government is equipping the police with modern crime fighting equipment to enable it to match criminals boot for boot.

He was speaking on "The role of the police service in promoting law and order towards the consolidation of Ghana's democracy", at a symposium organised by the Political Science Students Association (POSSA) of the University of Ghana to mark its 22nd annual week celebrations. He said investigations into the recent upsurge in murders and robberies showed that they were committed by foreigners who practice instant justice in their countries.

They have shifted their activities to Ghana where the law is more refined, he said and warned the public against meting out instant justice to suspects.

"The Ghana police would like to arrest such criminals from whom the police can know how they operate so that they can be dealt with according to law.

Mr Nanfuri said the public is sometimes apprehensive about the mounting of police barriers although such operations have led to the arrest of robbers, kidnappers and the seizure of arms and ammunition.

He urged the public, especially journalists, to report any police man who misbehave. He said the police service is taking severe disciplinary action against policemen who trade information to suspects and urged the public, especially, journalists to report any policeman who they find to be mis-conducting himself.

He appealed to the public to assist in providing some of the needs of the service saying they should also give information to the police to help them maintain law and order.

Mr Larry Bimi, Chairman of the National Commission of Civic Education (NCCE), urged the Ministry of Education to include civic education in the curriculum of second cycle schools and higher institutions.

Speaking on "Education as a tool for promoting law and order and for enhancing Ghana's democracy", Mr Bimi said suspicion, mistrust and corruption must be done away with to generate confidence in the body politic for democracy to survive.

He called for education to enable the electorate to exercise their franchise and to make an informed choice.

Professor Mike Ocquaye. Lecturer at the Department of Political Science, who spoke on "The Penal system versus Lawlessness in Ghana", called for revision of the country's laws to reflect the realities of the day.

He criticised the often-hostile attitude of the public towards the police and called on the public not to take the law into their hands.

Accra (Greater Accra) 7 April

Government has allotted 10 billion cedis to cover medical expenses for the elderly, children under five and pregnant women.

The amount represents the 1999 allocation for the "fee free package" for those categories of citizens who attend government health institutions.

Mr Samuel Nuamah Donkor, Minister of Health, said this in Accra on Wednesday when he launched this year's World Health Day, which is on the theme "Active Ageing Makes the Difference".

The activities are being observed within the context of the declaration of 1999 as "International year of Older Persons", by the United Nations Activities are being focussed on the recognition of the important roles older people continue to play in society.

They include radio and television discussions and launching at regional and district levels.

Mr Nuamah Donkor said statistics indicate that older persons in Ghana account for about 8.6 per cent of an estimated national population of 18 million.

To cater for their health needs would require a lot of resources, he said, and appealed to non-governmental organisations (NGOS) to support government in this regard.

He also asked the Public Health Division of the Ministry of Health (MOH) to explore the possibility of providing geriatric care and other needed support at Day care centres established by HelpAge Ghana (HAG) at Osu, Bubuashie and Korle Worko, all in Accra.

Dr Martin Peter Mandara, World Health Organisation Representative in Ghana, said there is now global concern about how to maintain the quality of life for the ever-increasing elderly population.

To address the problem, he said, it is essential to put in place, measures that will effectively take care of the elderly.

These include acknowledgement that older people are a valuable resource, enabling older people to be active participants in national, regional, district or community development activities and processes and provision of adequate resources to ensure health care and health promotion facilities for older people.

Dr Mandara said it is also important to ensure the consumption of wholesome, balanced and healthy diet throughout life, maintaining adequate physical activity, avoiding smoking and avoiding excessive alcohol consumption.

He called on Ghanaians to embrace the "Global Movement for Active Ageing", which is a new WHO network for all those who are interested in moving policies and actions towards active ageing.

In a message read for Mr Kofi Annan, UN Secretary-General, he said the ageing of the global population would figure prominently on the agenda of the special session of the General Assembly to be held this year.

The session will review progress in implementing the programme of action adopted at the International Conference on Population and Development in Cairo in 1994.

Mr Joseph D. Mensah, Director of HAG, said older persons must be able to utilise appropriate levels of institutional care, provide protection, rehabilitation, social and mental stimulation in humane and secure environment.

He recommended that efforts should be made at all sections of society to ensure continuous health education for both the elderly and youth with the aim of promoting active ageing.

Nkoranza (Brong Ahafo) 7 April

A rainstorm which hit Senya, a farming community in the Nkoranza district destroyed about 10 houses rendering more than 150 people homeless. Property destroyed is worth about 15 million cedis, the assemblyman for the area Mr Sampson Opoku-Amoateng said. The affected people are staying with friends and relatives while they are making efforts to rehabilitate their homes.

He appealed to the Nkoranza district assembly, the National Disaster Management Organisation (NADMO) and benevolent organisations to go to the aid of the victims.

Accra (Greater Accra) 7 April

The New Patriotic Party (NPP) on Wednesday said it welcomed President Jerry Rawlings' congratulatory message to the party on its victory in the Ablekuma Central by-election.

It however said that it is pleasantly surprised that "for the first time since he assumed the mantle of leadership in Ghana, President Jerry Rawlings has offered a conciliatory hand of sorts to an opposition political party."

A statement signed by Mr Dan Botwe, NPP General Secretary, said it is "unfortunate that President Rawlings has waited until the very last few months of his near two decades tenure to begin such gestures of reconciliation."

It said it is regrettable that the "message carried barbs that were entirely unnecessary."

The party said it had sought to engage the governing party in dialogue in an attempt to forge a national consensus and co-operation with the express aim of promoting progress of the country.

It said it was urging President Rawlings and the ruling National Democratic Congress (NDC) to carry further this "first step at reconciliation" in an effort to bring Ghanaians closer.

The NPP would continue to fight for reconciliation as it thinks progress and prosperity in the country can only be achieved on the altar of true peace and harmony, the statement said.

Accra (Greater Accra) 7 April

President Jerry John Rawlings on Wednesday appealed to NATO to cease its bombing of Yugoslavia and respond positively to President Slobodan Milosevic's unilateral ceasefire offer. He said much damage had already been inflicted on Yugoslavia and accepting the ceasefire offer would enable all parties to return to the negotiating table.

The President said this when a United States trade delegation called on him at the Castle, Osu. The delegation led by Ms Barbara Lee, a member of the Congress, is in the country to explore business opportunities.

NATO planes, led by the United States, have been bombing targets in Yugoslavia to end a Serb offensive in Kosovo. NATO says the bombings would stop when Yugoslavia withdraws its troops from Kosovo, agrees to allow NATO peacekeepers into the province, accepts an interim peace deal that gives Kosovo autonomy and allows refugees to return.

President Rawlings said the bombings in Yugoslavia clearly demonstrate an excessive use of military power and ''there is an uncomfortable silence''.

President Rawlings said in taking military action against nations, the US and its allies must take into account the ''complex situations in some of these countries''.

He recalled earlier atrocities committed by Yugoslavia against other minorities and said the bombings might be an attempt to prevent further atrocities. ''But two wrongs do not make a right. Enough damage has been done so President Milosevic's offer of a ceasefire must be considered''.

President Rawlings said his last visit to the US was highly productive and has started showing results. ''In terms of Ghana/US relations, a lot has been achieved but so much remains to be done''.

Mr Victor Gbeho, Foreign Affairs Minister, said Ghana has always shown concern for happenings in Yugoslavia and is concerned the bombings might escalate the conflict. ''We are on the side of humanity''.

''The ceasefire offer is an opportunity to bring it to a close. Total destruction of Yugoslavia is not in the interest of anybody,'' he said.

Ms Lee said her delegation, numbering 34, had held several round of talks with their Ghanaian counterparts.

Tamale (Northern Region) 7 April

A leading member of the Convention Party (CP), Alhaji Ibrahim Mahama, has said the abysmal performance of its candidate in the recent bye-election at Ablekuma central constituency should not be used as a yardstick to assess the strength of the party.

"Next time round whether a bye-election or a general election people will see that it is really the party of the people", Alhaji Mahama, said in an interview with the GNA in Tamale today. All the traditional strongholds of the party which have fallen to rival parties, would be reclaimed during next year's general elections, he stated.

Alhaji Mahama said a number of people are defecting from the National Democratic Congress (NDC) in the Northern region to the CP, "but they prefer to remain quiet about their new choice".

Just last month, a number of supporters of the NDC from Gbullung, Kumbungu, Savelugu and Karaga joined the CP because of the faith they have in the party's ability to salvage the country from its socio-economic difficulties, he claims.

Alhaji Mahama said the CP is mobilising vehicles and other logistics to launch a vigorous campaign in the rural areas. He announced that the party's delegate's conference will be held on June 12 this year to coincide with the day the defunct Convention People's Party (CPP) was proclaimed by the former President Dr Kwame Nkrumah.

Accra (Greater Accra) 7 April

Africa Trade and Friendship Mission, a US-based body aimed at promoting trade and cultural exchange between the Bay Area in the US and Sub-Saharan Africa, on Wednesday interacted with their Ghanaian counterparts in Accra.

The group led by Ms Barbara Lee, a Congresswoman, is in the country to explore business opportunities.

Women's groups represented at the meeting included National Council on Women and Development (NCWD), 31st December Women's Movement, Association of Professional Business Women, Ghana Association of Women Entrepreneurs and National Board for Small Scale Industries.

Ms Nova Sayers, Business Development Manager of the Greater Oakland International Trade Centre, who stood in for Ms Lee, said the visit is a follow-up to President Bill Clinton's visit to Africa early last year. It is also to gather information about Ghanaian women in business to be shared with members of the mission abroad.

Mrs Marian A. Tackie, Acting Executive Director of NCWD, said the paramount aim of the council is to improve the status of women and ensure gender balance. She said they are successfully doing this in conjunction with other women's groups through seminars and other educational programmes.

Representatives of women's groups at the meeting said the Ghanaian woman lacks human capacity building and co-ordination in politics, health and raising of capital.

They urged their foreign counterparts to assist them to set up "a very simple bank that would give credit facilities to women without necessarily emphasising collateral."

Members of the mission presented three laptop computers to the council to enhance activities of the women.

Accra (Greater Accra) 7 April

All health workers and professionals who do overtime are to be paid allowances for extra duty hours actually done. A communiqué signed on Tuesday night by two ministers and two executive members of the Ghana Registered Nurses Association (GRNA) at the end of negotiations to end a seven-day strike by nurses for overtime allowance, has said. The communiqué, signed by Alhaji Muhammad Mumuni, Minister of Employment and Social Welfare, Mr Samuel Nuamah Donkor, Minister of Health, Mrs Emma Banga, President GRNA and Felix Fonder, Vice-President, Nurse Anaesthetists, have therefore asked all health workers on strike to resume work immediately.

It said overtime payment would be based upon submission of duty rosters authorised by heads of department and institutions and attendance books.The communiqué said within a month from the submission of completed data, the government side would effect payment of all overtime claims.

The effective date of implementation would be January one, 1999.

Junior Nurses in public hospitals and polyclinics went on strike on March 31 to back demands for overtime allowance. The strike virtually paralysed the hospitals and put pressure on 37 military and Police hospitals. Senior nurses who held the fort were over-stretched and no new admissions were made.

Alhaji Mumuni told the Ghana News Agency that with time the overtime duty allowance would be extended to all institutions.

"This is to ensure that strike actions demanding payment for extra hours, as it was done by the doctors and nurses, do not happen again."

Alhaji Mumuni stressed that every worker is expected to work for eight hours a day "and any worker who works beyond that is entitled to the allowance."