IEA warns against ‘rushed’ constitutional review, calls for comprehensive national consultation

The Institute of Economic Affairs (IEA) has expressed caution regarding Ghana's planned constitutional review, urging the government to avoid rushing the process. The IEA believes such sweeping changes necessitate thorough public education, open consultation, and widespread consensus. The organization raises concerns about both the proposed approach and schedule for implementing the recommendations of the Professor H. Kwasi Prempeh-led Constitutional Review Committee, as well as the government's stance on the proposals.

The government aims to pass separate Bills for amendments to non-entrenched and entrenched provisions, with the latter scheduled for a referendum in 2027, alongside District Assembly elections. The IEA contends that this approach is problematic, emphasizing that constitution-making should be a collaborative process, allowing citizens ample time to comprehend and debate the proposed changes.

It advocates for comprehensive public education, informed national debate, public consultation, consensus-building, and careful evaluation of each amendment's implications. The IEA insists that the 1992 Constitution, born of a consultative process, should be treated similarly during the current review. The organization insists that the reform process should culminate in a constitution owned by the entire nation, rather than perceived as dictated by one political actor.

The IEA prefers a principled, comprehensive reform aimed at curbing executive power while bolstering Parliament and the Judiciary, while also promoting deeper local democracy, merit-based appointments, continuity in national planning, and stronger accountability. In terms of specific proposals, the IEA opposes extending the terms of the President and Members of Parliament from four to five years, but supports barring MPs from serving as Ministers, despite the government's rejection of this recommendation.

The IEA also endorses constitutional safeguards preventing Ministers, Deputy Ministers, and MPs from sitting on boards of state-owned enterprises. The Institute urges reforms to the Judicial Council to ensure its independence in judicial appointments. Regarding local government elections, the IEA backs universal direct elections for Metropolitan, Municipal, and District Chief Executives but opposes presidential nominations.

The IEA also rejects the current system for the Council of State, arguing against a structure that permits the President to appoint his own advisors. The IEA's stance on women's representation is deemed "grossly insufficient" by the organization, which instead advocates for proportional representation and mandatory quotas to boost female participation in governance.

The IEA's involvement in constitutional matters is not new, as it has long advocated for reforms and contributed to the work of the 2011 Constitutional Review Commission. In 2022, the IEA launched the Oquaye Centre for Constitutional Studies to foster public discourse and gather citizens' perspectives on a comprehensive constitutional review.

The Institute notes that its latest statement aims to clarify its position on key proposals as the government moves forward with its proposed 2027 constitutional amendment timeline.