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Ghana

Asset Declaration by Public Officers (GH0031)

Overview

At-a-Glance

Action Plan: Ghana Action Plan 2021-2023

Action Plan Cycle: 2021

Status:

Institutions

Lead Institution: Office of the Attorney General and Ministry of Justice

Support Institution(s): State actors involved Parliament, Commission for Human Rights and Administrative Justice (CHRAJ) CSOs, private sector, multilaterals, working groups Ghana Anti-Corruption Coalition (GACC), Ghana Integrity Initiative (GII), Center for Democratic Development (CDD). Institute for Democratic Governance (IDEG)

Policy Areas

Anti-Corruption and Integrity, Anti-Corruption Institutions, Asset Disclosure, Legislation

IRM Review

IRM Report: Ghana Results Report 2021-2023

Early Results: No IRM Data

Design i

Verifiable: Yes

Relevant to OGP Values: No

Ambition (see definition): Low

Implementation i

Completion:

Description

Problem to be addressed  Non-transparent and unverifiable declaration of assets by Public Office holders and non-compliance with asset declaration law.

The commitment  Provide for a transparent and verifiable assets declaration regime.

Contribution of commitment to solving problem ● Will ensure that assets declared by public officers are verified and public offers do actually comply with the law.

Relevance of commitment to OGP values  Commitment will advance transparency in assets declaration and the anti-corruption fight by providing new rules,

Additional information

Milestone Activity with a verifiable deliverable Start Date: End Date:  Cabinet to approve new conduct of Public Officers Bill Nov. 2021 June 2023  Submission of Bill to Parliament Jan 2022 June 2023  Parliament to pass the Bill before Jan 2023 Jan. 2022 June 2023  The Auditor General authorized to verify the assets declared. Jan. 2022 June. 2023

IRM Midterm Status Summary

Action Plan Review


Commitment 4. Public Officials' Asset Declaration

● Verifiable: Yes

● Does it have an open government lens? No

● Potential for results: Unclear

Commitment 4: Public Officials' Asset Declaration

This commitment lays important groundwork for an asset declaration regime through internal government reforms. If this commitment is revised, stakeholders are encouraged to include activities that either directly increase the public’s access to information, ability to hold the government accountable, or ability to participate in government decision making. For example, this commitment could aim to make information on officials’ assets available to the public or create opportunities for civil society to monitor compliance or highlight discrepancies. As written, this commitment’s potential for open government results is unclear, as milestones do not yet open the government to citizens.

IRM End of Term Status Summary

Results Report


Commitment 4. Public Officials’ Asset Declaration

  • Verifiable: Yes
  • Does it have an open government lens? No
  • Potential for results: Unclear
  • Completion: Limited
  • Early results: No Notable Results
  • The commitment aimed to bolster the accountability of public officials through the enactment of the Conduct of Public Officers Bill, 2022, aligning with Chapter 24 of the 1992 Constitution. This initiative intended to tackle issues prevalent in existing legislation, such as the lack of transparency in asset declaration by public office holders and their non-compliance. The commitment was carried forward and amplified from Ghana’s third National Action Plan.

    The Steering Committee revised this commitment based on recommendations in the Action Plan Review. The revised commitment included public-facing milestones, specifically, creation of platforms for stakeholders including private sector, civil society, and citizens to make submissions when the bill is passed, intensive media campaigns and citizen education, and development of mechanisms for citizens to bring their complaints related to asset declaration.

    Implementation during the action plan period was limited. The Attorney General presented the draft bill to the cabinet. Consequent milestones depended on cabinet approval, submission to parliament, and subsequent enactment. Despite the President’s announcement of government efforts in enacting the legislation and mention of the Attorney General’s stakeholder consultations, [24] little progress was noted in cabinet or parliamentary discussions, debates, or actions. The cabinet’s secretary cited ongoing back-and-forth deliberations between the cabinet’s committee on Governance and Legal Matters and the full cabinet. [25] Various stakeholders from both government and non-governmental institutions such as the Commission for Human Rights and Justice (CHRAJ), [26] Ghana Anti-Corruption Coalition, [27] Ghana Integrity Initiative, and investigative journalists and media personalities [28] have called upon parliament for the passage of the law.

    [24] Ghana News Agency, Government working on law on conduct of public officers, 11 September 2023, https://gna.org.gh/2023/09/government-working-on-law-on-conduct-of-public-officers-president
    [26] Ghana News Agency, Parliament must fast-track passage of Public Officers Bill – CHRAJ, 14 December 2022, https://gna.org.gh/2022/12/parliament-must-fast-track-passage-of-public -officers-bill-chraj
    [27] Ghana News Agency, Fast track work on conduct of Public Officers’ Bill – GACC, 14 September 2023, https://gna.org.gh/2023/09/fast-track-work-on-conduct-of-public-officers-bill-gacc
    [28] Modern Ghana, Stakeholders advocate passage of ‘Conduct of Public Officers Bill’ to fight corruption in Ghana, 2 September 2022, https://www.modernghana.com/news/1180994/stakeholders-advocate-passage-of-conduct-of -publi.html

    Commitments

    Open Government Partnership