CDD-Ghana: Urges Enactment of Ghana Constitutional Reform Implementation Law

• CDD-Ghana advocates for new legislation to guide Ghana's constitutional reform process.
• This proposed law aims to ensure the continuity of reforms, preventing disruptions from political changes or elections.
• A coalition of over 100 civil society organizations supports the call for a legally-backed implementation roadmap.
• The legislation would differentiate between reforms for immediate action and those requiring further negotiation.
• Stakeholders, including political parties and unions, largely agree on the necessity of reform, despite differing on specific proposals.

This legislative approach is intended to provide a stable and predictable path forward, ensuring that the momentum for reform is not lost due to changes in political leadership.

The Centre for Democratic Development (CDD-Ghana) is advocating for the enactment of specific legislation to govern the ongoing process of constitutional reform in Ghana. This call is part of a broader set of concerns voiced by a coalition comprising more than 100 civil society organizations (CSOs) regarding the future of the constitutional review. These CSOs are urging the government to establish a clear constitutional reform implementation roadmap, legally underpinned, to dictate how proposed recommendations will be evaluated and put into effect over the coming years.

This proposed Ghana constitutional reform implementation law is seen as crucial for providing a structured approach to what has historically been a complex and often interrupted process. The objective is to ensure that the momentum for reform is maintained and that the outcomes are systematically integrated into the nation's legal and governance structures.

Vera Abena Addo, who serves as the Programmes Officer for Elections, Rule of Law, and Anti-Corruption at CDD-Ghana, articulated the necessity of this roadmap during an appearance on JoyNews' Newsfile on a recent Saturday. She emphasized that the reform process is vulnerable to various interruptions, including general elections, political campaigns, or shifts in governmental leadership. The current concerns are particularly pertinent given the proposed referendum scheduled for 2027 and the general elections slated for 2028, both of which could significantly impact the continuity of the reform efforts.

Ghana has embarked on constitutional reform initiatives on previous occasions, with this current endeavor marking the third such attempt. Abena Addo highlighted the importance of avoiding a scenario where a change in political administration forces the nation to restart the entire process, underscoring the need for a definitive and enduring guide. This legislative approach is intended to provide a stable and predictable path forward, ensuring that the momentum for reform is not lost due to changes in political leadership.

According to CDD-Ghana, the envisioned constitutional reform legislation should clearly delineate which reforms can be implemented immediately and which require further negotiation and the cultivation of broader consensus among stakeholders. An agreed legal framework is considered vital to ensure the sustained progression of the reform agenda, irrespective of any governmental transitions. This framework would serve as a blueprint for the long-term integration of constitutional changes.

While there is a general consensus among various stakeholders regarding the fundamental need for constitutional reform, differences persist concerning specific proposals and the precise mechanisms for their implementation. Abena Addo pointed out that despite potential disagreements on certain issues, groups such as the New Patriotic Party (NPP), the Trades Union Congress (TUC), and other civil society organizations share common ground on the imperative for an inclusive and credible reform process. This broad agreement forms a foundation upon which the proposed CDD-Ghana constitutional reform legislation can be built.

The coalition of CSOs is also pressing the Constitution Review Implementation Committee Ghana to actively facilitate further consensus-building. This includes carefully considering the diverse positions and recommendations put forth by various stakeholders. The current period is viewed as a critical juncture, offering a significant opportunity to advance meaningful constitutional changes.

Abena Addo expressed optimism about the present momentum, suggesting that there is a genuine chance to achieve substantive progress this time. The establishment of a robust Ghana public law reform framework, through the proposed legislation, is seen as key to capitalizing on this opportunity and ensuring that the efforts towards constitutional enhancement yield lasting results.

Lawyers and compliance officers in Ghana should monitor developments regarding proposed legislation to formalize the constitutional reform process. Such a law would dictate the future trajectory and implementation of significant constitutional changes, potentially impacting public law, governance, and regulatory frameworks.

Source: Original reporting by Emma Ankrah for Carbonatix.