CRC Report: Full List of Recommendations and Government’s Official Response.

The Government has released its official White Paper on the Constitution Review Commission’s [CRC] report, outlining its position on each recommendation proposed for constitutional reform.

In the comprehensive response, Government indicates which proposals have been fully accepted, amended, or rejected. Key issues addressed include the tenure and qualification of the President, the electoral calendar, and other major governance reforms.

Below is a summarized breakdown of all CRC recommendations and the corresponding Government response to each

THE PRESIDENCY

1. Presidential term from four to five years. Government accepts.

2. Minimum presidential age from 40 to 30. Government proposes 35 instead.

3. Presidential elections to be held in the first week of November. Government accepts.

4. Presidential election petitions to be filed within 14 days and determined within 30 days. Government accepts.

5. President to pay taxes on salary, allowances, benefits, pension and gratuity. Government accepts taxation of salary, allowances and applicable taxes but rejects taxing retirement gratuity and pension.

6. Establish an Independent Public Emoluments Commission. Government accepts.

7. Reduce and restructure presidential appointment powers. Government accepts the principle but wants the system modified.

8. Change presidential immunity provisions. Government rejects.

9. President or Vice President should not be considered unable to act simply because they are outside Ghana. Government accepts. Cabinet electing a caretaker President when both offices are vacant is rejected.

10. MPs should not be appointed Ministers. Government rejects. President may appoint Ministers from within or outside Parliament. CRC proposed a maximum of 57 Ministers. Government proposes a maximum of 60.

11. A Minister censured by Parliament must be removed and cannot be reappointed during the same term. Government accepts.

12. Expand membership of the National Security Council. Government accepts most proposed additions but rejects representation of the National House of Chiefs.

13. Restrict major appointments, contracts and commitments by an outgoing government during transition. Government supports the principle but prefers changes to the Presidential Transition Act instead of the Constitution.

PARLIAMENT

1. Parliamentary term from four to five years and parliamentary and presidential elections held on the same day. Government accepts.

2. Cap Parliament at 276 members. Government proposes a maximum of 300, made up of 276 constituency MPs and 24 proportional representation seats for women, youth and persons with disabilities.

3. Allow Ghanaian dual citizens by birth to become MPs without renouncing their other citizenship. Government accepts.

4. Public and security officers must resign before entering active party politics and observe a 12 month cooling off period. Government accepts with modifications.

5. Strengthen anti carpet crossing rules. Government rejects and prefers the existing arrangement.

6. MPs to elect caucus leaders through constitutional rules. Government rejects.

7. Parliamentary voting should generally be open and recorded. Government accepts.

8. Strengthen conflict of interest rules for MPs. Government agrees with the objective but prefers legislation.

9. Expand the right of MPs to introduce Private Members Bills. Government accepts.

10. Restrict Parliament’s contempt powers. Government rejects.

11. Require regulations needed to implement laws to be passed within 12 months. Government rejects constitutional amendment.

12. Replace MPs end of service gratuities with a pension or retirement scheme. Government accepts.

13. Introduce safeguards against abuse of Certificates of Urgency. Government accepts in principle.

14. Require comprehensive legislation on international business transactions. Government agrees but rejects putting deadlines in the Constitution.

15. Make public participation in lawmaking and MP town hall meetings constitutional requirements. Government rejects constitutional amendment.

ELECTIONS AND POLITICAL PARTIES

1. Reduce the Electoral Commission to one Commissioner and two Deputies. Government accepts.

2. Council of State and Public Services Commission to lead recruitment of Electoral Commissioners. Government rejects and retains presidential appointment on the advice of the Council of State.

3. Electoral Commissioners to serve one non renewable 10 year term or until age 65. Government accepts in principle.

4. Three year cooling off period for former Electoral Commissioners. Government rejects.

5. Create an independent regulator for political parties. Government accepts in principle and proposes a Political Parties Regulatory Commission.

6. Expand internal democracy in political parties. Government accepts.

7. Regulate campaign financing and expenditure. Government agrees but prefers ordinary legislation.

8. Establish a Democracy Fund. Government says it should be considered through legislation.

9. No by election within 12 months of a general election. Government proposes six months instead.

10. Constitutional rules on the death of a presidential candidate before elections. Government rejects constitutional amendment and says the EC can regulate it.

11. Introduce proportional representation. Government accepts and proposes 24 proportional representation seats in Parliament.

CITIZENSHIP

1. Constitutional right of abode for people of African descent in the Diaspora. Government accepts subject to legislation and safeguards.

2. Make spousal citizenship rules gender neutral. Government accepts.

COUNCIL OF STATE

1. Give the Council of State greater powers in appointments and removals. Government supports a stronger advisory role but rejects making its recommendations binding.

2. Council of State to recruit and select nominees for major constitutional offices. Government rejects.

3. Reconstitute the Council of State into a 33 member body. Government rejects.

4. Allow some Council of State members to remain in office beyond the President’s term. Government rejects.

5. Council of State meetings to be private but its decisions generally made public. Government rejects constitutional amendment and prefers internal rules.

THE JUDICIARY

1. Chief Justice to serve one non renewable 10 year term or until retirement age. Government accepts.

2. Introduce strict procedures and timelines for removing superior court judges. Government supports the objective but prefers rules or legislation for some details.

3. Cap the Supreme Court at 15 judges. Government proposes a maximum of 19.

4. Divide the Supreme Court permanently into Original and Appellate Divisions. Government rejects.

5. Make the Court of Appeal the final court for most civil and criminal cases. Government rejects.

6. Remove the Chief Justice from membership of the High Court and Court of Appeal and create new court leadership positions. Government rejects.

7. Remove Regional Tribunals from the Constitution. Government rejects and wants them retained.

8. Reclassify Circuit and District Courts as Primary Courts. Government rejects.

9. Tighten qualifications for appointment as Chief Justice and Supreme Court judge. Government rejects.

10. New qualification rules for Court of Appeal judges. Government accepts subject to maintaining requirements of high moral character and integrity.

11. New qualification rules for High Court judges. Government rejects.

12. Put qualifications and conditions of Circuit and District Court judges in the Constitution. Government rejects and prefers legislation.

13. Introduce a new multi stage process for appointing the Chief Justice. Government rejects.

14. Change the process for appointing Supreme Court judges. Government rejects.

15. Introduce public applications and parliamentary approval for Court of Appeal and High Court judges. Government rejects.

16. Reconstitute the Judicial Council. Government accepts in principle with modifications.

17. Make the Judicial Secretary a constitutional office. Government rejects.

18. Require the President to submit the Judiciary’s budget to Parliament without alteration. Government says the current arrangement is adequate.

ATTORNEY GENERAL AND ANTI CORRUPTION

1. Remove the Attorney General’s power to prosecute corruption cases. Government rejects.

2. Require court approval before the Attorney General can discontinue prosecutions. Government rejects.

3. Separate the Attorney General from the Minister of Justice. This is a Government proposal.

4. Remove CHRAJ’s corruption investigation mandate. Government accepts.

5. Establish an Independent Anti Corruption and Ethics Commission. Government accepts the objective but prefers a statutory Public Ethics Commission.

6. Expand categories of public officers required to declare assets through the Constitution. Government rejects constitutional amendment and prefers legislation.

7. Strengthen unexplained wealth laws, lifestyle audits and asset declaration requirements. Government supports the objective but prefers legislation.

8. Put detailed conflict of interest rules in the Constitution. Government rejects constitutional amendment and prefers legislation.

PUBLIC FINANCE AND ECONOMY

1. Put detailed rules on tax exemptions and tax expenditure reporting in the Constitution. Government prefers the Public Financial Management Act.

2. Put constitutional controls on internally generated funds and earmarked funds. Government prefers legislation.

3. Define urgent and unforeseen expenditure and constitutionally regulate the Contingency Fund. Government prefers legislation.

4. Strengthen the Controller and Accountant General with a fixed term and expanded powers. Government prefers statutory reforms.

5. Require a constitutional medium term economic framework before the annual budget. Government prefers legislation.

6. Put strict constitutional limits on Bank of Ghana financing of Government. Government prefers amendments to the Bank of Ghana Act.

7. Rename the Government Statistician as State Statistician and give the office a fixed 10 year term. Government rejects.

8. Strengthen the independence and tenure of the Auditor General and provide for a 10 year term or retirement at 65. Government accepts.

9. Introduce constitutional rules on public debt management and an Independent Fiscal Council. Government prefers legislation.

10. Establish an Independent Public Emoluments Commission. Government accepts.

NATIONAL DEVELOPMENT PLANNING

1. Strengthen the NDPC and constitutionally entrench a National Development Plan. Government rejects.

2. Require stronger constitutional reporting on national development and require political parties to submit programmes to the NDPC for certification. Government rejects constitutional amendment.

LANDS AND NATURAL RESOURCES

1. Remove public lands from presidential trusteeship and vest them directly in the people with the Lands Commission as trustee. Government rejects.

2. Merge the Office of the Administrator of Stool Lands into the Lands Commission. Government rejects.

3. Change terminology and introduce stronger fiduciary duties for traditional authorities over stool lands. Government prefers existing land laws.

4. Automatically convert illegal freehold grants to non citizens into 50 year leases. Government rejects.

5. Require prior parliamentary approval before natural resource agreements are signed. Government rejects constitutional amendment.

6. Create a new coordinating authority for natural resources. Government rejects.

7. Put ocean governance, ecocide and mineral revenue allocation to mining communities into the Constitution. Government prefers ordinary legislation.

PUBLIC SERVICES

1. Remove specific private and professional associations by name from the Constitution. Government accepts.

2. Allow Parliament to determine public service retirement ages by law. Government accepts, subject to constitutionally protected offices.

3. Make the Public Services Commission a full time body of not more than seven members with fixed terms. Government accepts.

4. Require new constitutional regulations on public servant protections and grievances. Government rejects because existing powers are considered adequate.

5. Remove presidential approval before the Public Services Commission makes regulations. Government rejects.

6. Introduce a competitive appointment process and fixed tenure for the Head of Civil Service in the Constitution. Government prefers legislation.

7. Clarify public service appointment powers. Government accepts part of the proposal with modifications.

8. Require laws creating public entities to state whether they will have governing councils. Government rejects.

100. Make SIGA a constitutional body. Government rejects.

101. Put detailed rules for depoliticising State Owned Enterprises into the Constitution. Government prefers legislation.

102. Constitutionally ban public servants from active party politics. Government agrees with the objective but prefers legislation.

FUNDAMENTAL HUMAN RIGHTS

103. Abolish the death penalty. Government accepts.

104. Strengthen application of fundamental rights to private institutions and other non state actors. Government supports the objective but prefers a Human Rights Act.

105. Strengthen bail rights and reduce unnecessary remand. Government supports the objective but prefers legislation.

106. Guarantee basic necessities including food for people in custody. Government supports the objective through a Human Rights Act.

107. Strengthen constitutional protections against degrading prison conditions. Government supports the objective through legislation.

108. Strengthen constitutional affirmative action provisions. Government supports the objective but prefers legislation.

109. Expand constitutional protection of digital and data privacy. Government prefers legislation.

110. Guarantee criminal trials within strict reasonable timelines. Government supports the objective but prefers legislation.

111. Constitutionally protect people against homelessness caused by State action. Government supports the objective but prefers legislation.

112. Strengthen constitutional protection of freedom of religion, belief and non belief. Government supports the objective but prefers a Human Rights Act.

113. Strengthen constitutional property rights of spouses. Government supports the objective but prefers matrimonial property legislation.

114. Protect students from compulsory religious activities and religious discrimination in schools. Government accepts constitutional amendment.

115. Strengthen constitutional rights of women and protection against gender based violence. Government supports the objective but prefers a Human Rights Act.

116. Strengthen children’s bodily integrity and protections against unnecessary non consensual medical procedures. Government supports the principle but rejects constitutional amendment.

117. Strengthen constitutional rights and accessibility protections for persons with disabilities. Government supports the objectives but prefers legislation.

118. Strengthen welfare protections for persons in custody. Government supports the objective but prefers legislation.

119. Add constitutional rights covering healthcare, housing, youth, older persons, food in custody and a clean environment. Government supports the objectives but prefers a comprehensive Human Rights Act.

LOCAL GOVERNMENT AND DECENTRALISATION

120. Introduce phased election of District Chief Executives based on district capacity. Government supports electing DCEs but wants all districts to elect them. The President would nominate five people, three would be shortlisted after vetting and voters would choose from the three.

121. Limit DCEs to two five year terms. Government rejects.

122. Create an elected Deputy DCE who must be of a different sex from the DCE. Government rejects.

123. Elect District Assembly Presiding Members by simple majority. Government accepts with a two thirds quorum requirement.

124. Restructure the appointed membership of District Assemblies with quotas for traditional authorities, women, businesses, youth, persons with disabilities and NGOs. Government rejects.

125. Increase the District Assembly Common Fund to at least 10 percent of national revenue and stop allocations to MPs. Government rejects. Government instead proposes that 80 percent of the Common Fund be transferred directly to District Assemblies.

126. Require some districts to finance salaries and allowances from internally generated funds. Government rejects.

127. Establish an Independent Devolution Commission as a constitutional body. Government rejects. It may be created by legislation if necessary.

POLICE SERVICE

128. IGP to be appointed from a shortlist of senior police officers submitted by the Police Council. Government rejects.

129. Give the IGP a fixed six year term or until age 65. Government prefers legislation.

130. Put detailed human rights duties of the IGP in the Constitution. Government prefers legislation and administrative reforms.

131. Constitutionally declare the Police the primary civilian law enforcement institution and guarantee adequate resources. Government rejects constitutional amendment.

132. Restructure the Police Council. Government accepts only limited changes and rejects most of the proposal.

133. Give the Police Council additional constitutional regulatory powers. Government rejects.

134. Restructure Regional Police Committees. Government rejects most of the proposal.

PRISONS AND CORRECTIONAL SERVICE

135. Rename the Prison Service as the Correctional Service. Government accepts the principle but prefers the name Prisons Correctional Service.

136. Director General of Prisons to be appointed from a shortlist submitted by the Prisons Council. Government rejects constitutional amendment.

137. Director General to have a fixed six year term or retire at 65. Government prefers legislation.

138. Give the Director General exclusive operational control of prisons and prevent executive interference. Government rejects.

ARMED FORCES AND SECURITY

139. Strictly restrict domestic deployment of the Armed Forces and place soldiers under Police command during civilian operations. Government rejects.

140. Restructure the Armed Forces Council. Government rejects.

141. Establish an Independent Security Services Oversight Authority. Government rejects constitutional establishment and says it could be created by legislation if necessary.

142. Put general principles of human rights based law enforcement in the Constitution. Government prefers including them in the proposed Human Rights Act.

NATIONAL MEDIA COMMISSION

143. Give the National Media Commission stronger constitutional enforcement powers. Government rejects the CRC proposal as presented and prefers legislative reforms.

144. Make the NMC Executive Secretary a member of the Commission. Government rejects.

145. Constitutionally regulate the appointment and tenure of the Executive Secretary. Government rejects.

146. Put media ownership concentration rules in the Constitution. Government prefers legislation.

147. Ring fence the NMC budget in the Constitution. Government rejects.

148. Government instead proposes reducing the NMC from 18 members to five and making it a purely regulatory body.

149. Government also proposes giving the NMC power to enforce fair and equal political coverage by State owned media.

150. Government proposes removing the NMC’s role in managing State owned media.

NATIONAL COMMISSION FOR CIVIC EDUCATION

151. Expand NCCE functions to include presidential debates, civic forums and town halls. Government accepts.

152. Rename NCCE as the National Commission for Civic Engagement. Government rejects.

153. Reduce NCCE membership to one Commissioner and two Deputies. Government rejects.

154. Reform the appointment process. Government accepts in principle with modifications.

155. Give NCCE Commissioners single 10 year terms. Government rejects.

156. Introduce a three year cooling off period for former NCCE Commissioners. Government rejects.

157. Introduce a new removal procedure. Government rejects because existing Article 146 procedures are considered sufficient.