My friends from the media

It gives me great pleasure to be with you this morning to discuss the all important subject on corruption. It is important as a Government that we discuss our plans and programmes with you on a regular basis because we recognise you as crucial partners in development.

In 1738 John Gray Fables said

Corruption is not of modern date. It hath been tried in every state

That statement holds true then as it holds true now. Indeed since the Annual Meetings of the World Bank and International Monetary Fund in October 1996 when the then President of the World Bank, James Wolfensohn, offered World Bank assistance to member countries to devise and implement appropriate anticorruption strategies, international attention to the effects of corruption on development has grown markedly. Ghana recognises the negative effects that corruption has on developments.

Government has also recognised corruption as one of the challenges to human rights. Recently I had the opportunity to lead the Ghanaian delegation, which attended the Universal Periodic Review secession of the United Nations Human Rights Council in Geneva. There I recognised the fact that corruption is a challenge to human rights. I talked about corruption.

Mr Minister permit me at this stage to have the recording of what I said about corruption played since it was recorded by the United Nations.

For the avoidance of doubt as you have all seen I said as follows.

We recognise corruption as one of the challenges to human rights, especially in a country with scacre resources. Indeed Mr President, I am happy to inform you that we have a comprehensive anti – corruption programme which is on course. The Parliament of Ghana recently held public meetings to review the Auditor – General’s Report for 2004/2005. The Auditor – General is an independent body established under the Constitution with tenure of office. I am happy to inform you that no political office holder was found guilty of corruption. Indeed there were four cases of corruption for which the Auditor – General recommended prosecution and the Public Accounts Committee of Parliament also recommended prosecution. These cases all involve public officers. We are prosecuting two of them; in one case the person is dead and in another case he is no where to be found.

This is what was represented by some of your screaming headlines. I pray that those of you who gave a twist to what I said find the modesty in your heart to state the correct position. As it is said each man is innocent unless proven guilty, so I will presume that it was a genuine mistake until proven otherwise.

As I stated before the United Nations, government has a comprehensive anti – corruption strategy. I will proceed now to outline this strategy.

Government’s anti – corruption strategy is domestic as well as international. Our domestic strategy is two pronged.

The first approach is preventive and the second approach is curative. The preventive approach seeks to prevent corruption. And to do this one needs to draw up codes of conduct, manifestos and declarations to promote and or minimise corruption.

The second approach consists of anti – corruption laws. The purpose of these laws is to provide appropriate remedies, including criminal sanctions and penalties, procedural rules and institutional mechanisms. This approach identifies and punishes acts of corruption that have already occurred.

These approaches are complementary and are not mutually exclusive. Our anti – corruption strategy as I have stated previously also includes an international dimension.

Our anti – corruption strategy is therefore three pronged.

• The domestic preventive strategy

• The domestic curative strategy

• The international strategy

Our strategy, I must say, is in accord with international best practices.

The domestic strategy is akin to a medical strategy. You try and prevent the disease and if unfortunately you cannot prevent it then you cure it.

The Domestic Preventive Strategy

This strategy consists of rules and norms of good behaviour that are imperative in an anti – corruption society. It also consist of binding and non – binding codes of conduct and public anti – corruption declarations. Also very important in a preventive anti – corruption system is an early warning system of mechanisms and institutions that enable early detection. Also very important is national commitment.

It is a fact of life that corruption can be prosecuted only after the fact, and that prosecutions are time-consuming, costly, uncertain and can only be brought when evidence of corrupt conduct is available.

It is for this reason that an entire chapter of the United Nations Convention against Corruption is dedicated to the prevention with measures directed at both the public and private sectors. These include model preventive polices, such as the establishment of anti-corruption bodies and enhanced transparency in the financing of election campaigns and political parties. States must endeavour to ensure that their public services are subject to safeguards that promote efficiency, transparency and recruitment based on merit. Once recruited, public servants should be subject to codes of conduct, financial and other disclosures as well as appropriate disciplinary measures.

National commitment

National commitment is paramount in any anti – corruption strategy. You will note that I said national commitment or the national will to fight corruption not political will. Because it is my submission that even though political will is very important it is but a sub - set of national will.

A good starting point which should guide our national commitment to fighting corruption is the article 35 (8) of the 1992 Constitution.

It states as follows:

The State shall take steps to eradicate corrupt practices and abuse of power.

It can not be denied that it is important that those who occupy public office have an extremely important role in the expression of this national commitment. This does not or can not suggest that others do not have an equally important role because there is always a giver as well as a receiver of bribe and the preventive strategy dictates that we target both the receiver and the giver of the bribe for purposes of obtaining and marinating commitment to fights corruption.

Leadership codes

Leadership codes are an essential part of the preventative strategy. These codes may be binding or non – binding. In Ghana the Office of Accountability produced in July 2006 Executive Guidelines on Code of Conduct and Ethical Behaviour for Presidential Appointees. As the introduction to the Guidelines state,

The 1992 Constitution of Ghana vests in the President, Authority to Administer the nation. The Constitution also mandates the President, to appoint people to assist him to ensure the effectiveness of his administration …………and, this Code of Conduct outlines the standards of behaviour that the Presidency demands of all such Appointees.

The guiding principles of conduct that this Code expects appointees to observe are;

• Leadership by example

• Transparent and accountable stewardship

• Selfless devotion to duty

• Honest and impartial service delivery

• Absolute loyalty to the State

The President himself has shown leadership by example. He has publicly declared his commitment to anti – corruption. He has not just talked he has also walked the talk. He has supervised the enactment of comprehensive anti – corruption legislation, he has set up as part of the preventive mechanism an Office of Accountability as an early warning system. He has also submitted himself to the jurisdiction of the Commission on Human Rights and Administrative Justice.

The Guidelines on Conflict of Interest issued by the Commission on Human Rights and Administrative Justice on the 6th of December 2006 to assist public officials identify, manage and resolve conflicts of interest also falls within this category of leadership codes

The Civil Service has also issued a Code of Conduct for the Ghana Civil Service. The guiding principles of the Code include selflessness, integrity, justice and fairness, accountability, transparency and leadership.

Article 8 of the United Nations Convention against Corruption recommends that State Parties shall endeavour to apply within their institutional and legal systems, codes or standards of conduct for the correct, honourable and proper performance of public functions. The codes that have been developed in Ghana accord with best international practices.
May I comment at this stage briefly on the Office of Accountability. It is an early warning system and therefore part of the preventive strategy and not the curative strategy and therefore when people ask how many cases it has done my answer is simple. If the corrupt act is committed it is outside the jurisdiction of the Office of Accountability.

But leadership in the society is not limited to those who hold public office and other leaders such as journalist, lawyers and accountants should all maintain a certain minimum standard of behaviour to enable the preventive strategy on corruption work. Such professional bodies also have their code of conduct and professional ethics that prescribe minimum standards of behaviour for members of such professions.

Declaration of assets is also another important fact of the prevention strategy. As is dictated by Chapter Twenty – Four of the Constitution this is done at the beginning and at the end of the tenure of public officers as defined by article 286 (5) of the Constitution. We also have a Public Holders (Declaration of Assets and Disqualification) Act, 1998 (Act 550) This Act provides for the declaration of assets and liabilities of public office holders in conformity with Chapter Twenty – Four of the Constitution, to provide for disqualification from holding specified public offices as a result of an adverse finding made or a criminal conviction against an individual and to provide for related matters.

Proactive Media

The preventive strategy also requires a free press. Yesterday I was informed by the Ghana Journalist Association that we are the third ranked country in Africa in terms of press freedom. This of course would not have been possible without the repeal of the criminal libel law and we should not underestimate the positive effect the repeal of the criminal libel law has had on press freedom and by immediate extension the preventive anti – corruption strategy. The respected journalist George Naykene was imprisoned under the criminal libel law for discussing a matter that would pale into insignificance if it was discussed today. Today from morning to evening Ghanaians from all works of life exercise their right to free expression without fear or favour.

Financial Management

The introduction of financial management rules and procedures to secure the public purse is also a fundamental and integral part of the preventive strategy. In this regard may I mention the Financial Administration Act, 2003 (Act 654) of 2003 which was enacted to regulate the financial management of the public sector; prescribe the responsibilities of persons entrusted with financial management in the government; ensure the effective and efficient management of state revenue, expenditure, assets liabilities, resources of the government, the Consolidated Fund and other public funds and to provide for related matters. I dare say that an appropriate legal framework has been put in place to ensure that the budget is implemented, financial records and statements can be traced. Implementation of the budget and accounting for expenses are all an integral part of the preventive legal framework.

Public Accounts Committee’s which exist in many countries with a common – law tradition is also recognised as an additional dimension of the financial checks and balances system. This system is a key in the prevention strategy. However as some commentators have observed it stands the potential risk of unduly politicised debates and technical and financial aspects. Nonetheless, the existence of the PAC has assisted a great deal in promoting a culture of accountability among public officials.

Other institutions that are key in the preventive role as the Auditor General, the Internal Audit Agency and the Procurement Board. We have two of the institutions represented here so I will not discuss their role.

Political Party Activity is also a source of worry when it comes to corruption and this will be discussed in detail at the appropriate time and place.

Before I discuss the curative approach let me say that some of the laws apply to both the preventive and curative approach or strategy.

The Domestic Curative Approach

The other domestic strategy in fighting corruption is the domestic curative approach. This approach is adopted after the offence has been committed or the corrupt act has occurred.

What is corruption then? The term corruption has no single definition. The Handbook on Fighting Corruption by the Centre for Democracy and Governance defines corruption as ‘the abuse of public office for private gain’. It encompasses unilateral abuses by Government officials such as embezzlement and nepotism as well as abuses linking public and private actors such as bribery, extortion, influence peddling and fraud. Corruption arises in both political and bureaucratic offices and can be petty or grand, organised or not organised.

Transparency International also defines corruption as behaviour on the part of officials in the public sector, whether politicians or civil servants, in which they improperly and unlawfully enrich themselves, or those close to them, by the misuse of public power entrusted to them. These include embezzlement of funds as bribery, extortion or influence peddling.

In Ghana anti-corruption laws are not to be found in one piece of legislation. The subject is dealt with in different enactments and the definitions provided above form the basis of various offences as provided below. Some of the relevant provisions of law that relate to corruption have been stated in the Index to Anti – Corruption Laws of Ghana.

International strategy

One of the landmark developments in the fight against corruption around the world is the United Nations Convention against Corruption. Negotiations among member states of the Convention were concluded in Vienna on 30th September 2003, after two years of deliberation. One hundred nations signed the new instrument at an official opening ceremony in Mexico in December 2003. The Convention marks a major step forward in international cooperation.

The United Nations Convention against Corruption and the African Union Convention on Preventing and Combating Corruption were ratified by the Parliament of Ghana on 18th October 2002. The United Nations Convention is the International Standard required from states that ratify it. An analysis reveals that to a large extent corruption legislation in Ghana meets the international standard. Most of the gaps in the law will be filled after the enactment of the Bills which are at different stages in the drafting process. An example of such a Bill is the Mutual Legal Assistance Bill. Ghana has also ratified the African Union Convention on Preventing and Combating Corruption and the ECOWAS Anti corruption protocol.

We are also taking steps to enact laws that enhance international co-operation. These laws include anti money laundering legislation and mutual legal assistance legislation.

This is a quick overview of our anti – corruption.

Thank you