Fifty years ago in April 1960 Ghanaians voted overwhelming to establish a republic. 1st July will mark the 50th anniversary of the establishment of the unitary and democratic republic of Ghana. The creation of the republic marked the completion of the process of creating politically sovereign nation-state with no remaining constitutional ties to the former colonial power. Seen from the perspective of the incredible achievement of Nkrumah and the CPP it marked the constitutional expression of the logic of the popular movement that the CPP was.

In rallying around the CPP the people of the then Gold Coast opted for a party built on the political equality of all people which based its vision on the socio-economic upliftment of the lowliest persons in the country and the creation of enough opportunities and national unity beyond the allocation…..
Recall votes in February 1951 elections
CPP won 29 of 33 directly elected seats and all 5 urban directly elected seats.
Accra results: Nkrumah 20,780; Hutton Mills 19,812; Obetsebi Lamptey 1,630; Ako Adjei 1,451
In five municipal seats CPP won over 90% of the votes 58,585 to opposition 5,574
18 seats decided by chiefs
Political history has seen all kinds of ups and downs expressed in the fact that the current constitution is the constitution for the 4th the republic. These ups and downs do not however change the essence of the democratic republic that created by popular will through the April 1960 referendum.

1992 constitution established a unitary democratic republic, continuing what was established in 1960.
Constitution founded on –discrimination and universal equality of all citizens. All Ghanaians primary legal status is that of citizen. Before you are anything else (chief, vice chancellor, professor, bishop) you are a citizen, equal to all others. Graphic illustration one person one vote irrespective of social status (chief, king, overlord and so called descendants of slaves, male and female, landlord and tenant, ethnicity, religion)
(Not a denial of social hierarchies (in homes, religious groups, work places) but law provides mechanism to ensure that these hierarchies do not override constitutional equality of citizens. Basis for unitary republic out of erstwhile traditional kingdoms and communities

Legally citizenship denotes a legal status according to which individuals are both empowered and protected bby equal rights. Its essence is directed against privileges, status hierarchies and the dominance of local customs, the domination of local lords and traditional rulers which conflict with fundamental principles.
Politically citizenship embodies the right (duty, virtue) of active participation in the political process, i.e. the capacity to rule. It stands contrary to the notion of political hierarchies and rule constructed on the basis of hierarchies outside citizenship (blood line, family ethnicity). Citizenship comprises a bundle of rights bestowed upon an individual within the framework of state responsibility.
Strongly expressed in a range of constitutional provisions are: E.g.

1. Preamble to constitution

We the people of Ghana, in exercise of our natural and inalienable right ot establish a framework of government, which shall secure for ourselves, and posterity the blessings of liberty, equality of opportunity and prosperity;
The principle that all powers of government spring from the sovereign will of the people;
The principle of universal adult suffrage;
The rule of law;
 The protection and preservation of fundamental human rights and freedoms, unity and stability of our nation;
First article of constitution

1. Sovereignty of the people

1.(1) the sovereignty of Ghana resides in the people of Ghana in whose name and for whose welfare the powers of government are to be exercised in the manner and within the limits laid down in this constitution.

1. Human rights

Article 12 (1) The fundamental human rights and freedoms enshrined in this chapter shall be respected and upheld by the executive, Legislature and Judiciary and all other organs of government and its agencies and where applicable to them, by all natural and legal persons in Ghana, and shall be enforceable by the courts as provided for in this constitution. (2) Every person in Ghana, whatever his race, place of origin, political opinion, colour, religion, creed or gender shall be entitled to the fundamental human rights and freedoms of the individual contained in this chapter but subject to respect to respect for the rights and freedoms of others and for the public interest.

1. Directive principle of state policy

34.(1) The directive principle of state policy contained in this chapter shall guide all citizens, parliament, the President, the judiciary the council of state, the cabinet, political parties and other bodies and persons in applying or interpreting this constitution or any other law or in taking  and implementing any policy decisions, for the establishment of a just and free society.
35.(1) Ghana  shall be a democratic state dedicated to the realization of freedom and justice; and accordingly, sovereignty resides in the people of Ghana from whom government derives all its powers and authority through this constitution.

Direction of political evolution
Constitution offers a vision of society and culture based on prescriptions towards which we should be moving. Direction of political and cultural evolution should be towards creating a national political culture and practice where key principle s and norms affirm a common political democratic culture rooted in equality and non-discrimination. The evolution of chieftaincy and its role should be informed by this principle.
Points to strengthening political institutions, practices and norms based on equality of citizens and erosion of those based on norms of hierarchy (such as chieftaincy) which conflict with non-discrimination and equality of citizens.

Chieftaincy
Chieftaincy visible and important institution in Ghana In popular discussion referred to us embodiment of our culture and chiefs court and indulged by politicians. Long history and catalogue of conflict, violence and deaths around chieftaincy issues Dagbon ,Bawku,Ga, Anlo, Tuobodom (Ashanti/Techiman). Chiefs issuing orders which are disregarded or violates rights leading to conflict At center of resources conflicts over land, royalties, etc. threats of to peace and public order.
What are some of the public policy issues posed by the problems of conflict and violence around an important institution?

Central problem is the class and tensions between the legal political order and rights created by a democratic republic based on citizenship and equality and legacy of traditional political systems within it.
 Traditional leadership of various forms exists across the country but there is a lack of uniformity and great variety in the nature of, powers of an organization of traditional authorities. Who or what is a chief, what powers and roles such a person has is not easily answered and is rooted in the particular histories of communities. Range from what has been bequeathed by old highly organized and relatively centralized and kingdoms such as Gonja, Dagbon, Maprusi and a number southern kingdoms, such as the Akan kingdoms of Asante, Akyem, Denkyira through a range of stages of state formation to more communally organized societies. Some control land for their communities other s have no such powers; the predecessors of some could inflict capital punishment, others had little more than powers of arbitration.
Constitutional definition of chief is sufficiently ambiguous to encompass the range of traditional leadership and characteristics:

270(1) the institution of chieftaincy, together with its traditional councils as established customary law and usage, is hereby guaranteed.
277. “Chief means a person, who, hailing from the appropriate family and lineage, has been validly nominated, elected or selected and enstooled, enskinned or installed as a chief or queen mother in accordance with the relevant customary law and usage. Chiefs involved in a number of statutorily defined roles in natural resources management, consultation for DCE selection, etc. new powers given by 2008 chieftaincy act.

Voluntary activities in community development and good governance Expressions around DCE’s sound like claim for veto by some Recent directive on costly funerals by a Kwahu chief and praise in times editorial
Mechanism for selection and succession greatly contested in many places, relations among ethnicities in some of the older more centralized in kingdoms fractious and contested. Tributary relations, subordination and allegiance within erstwhile kingdoms focus of some of the disputes and violence. Accountability of chiefs and mechanisms of this flashpoint in others
Great clamour from variety of sources for more roles and powers for chiefs in the name of tradition, culture, wisdom etc. direction in which chieftaincy should evolve must start from situation discussion within log of constitution as fundamental law of a democratic republic and what this implies.

Chieftaincy along with all the elements and attributes of Ghanaian economy, society and culture existed before the coming into force of the constitution of the 4th republic but how they should and would evolve will be strongly influenced by the challenge of building a democratic society and polity as defined  and implied by the constitution. Relations of power and governance as posed by chieftaincy especially so. Implication for how we interpreted constitutional guarantee of chieftaincy. Public interest principle applicable
Roles of Chiefs

1. Management of natural resources – article 267 on stool and skin
   Lands

1. Mining and timber  royalties
2. Land
3. Role in local government

Separate land relations from political power
Strengthening local government and local state institution
Challenge of citizen’s participation

1. Law making and enforcement

Status of chieftaincy, customary law and powers
Constitutional hierarchy of legal norms
Can new customary law be created such as in case of expensive funeral, and application?
Banning orders new powers over communal labour

1. Judicial powers

National judicial system

1. Chieftaincy culture identity and place under democratic republic

Evolution of chieftaincy – religion and chiefs, schnapps and libation
        Religious diversity without institutionalized political power  but influence and access
        Diversity in diet, language and practices

1. Ban  on holding political office – lift ban violation of basic citizens right
2. Intrusion of chiefly ideologies into democratic institutions

Love of honorifics
Notions of entitlement of leaders

1.  Greater accountability in natural resources management  matters

Chieftaincy and conflicts – firmer public policy about disturbances and violence
Divisive influence within and between groups, rallying point divisive chauvinisms
Intra elite struggles and consequences for ordinary people.

By: Dr. Yao Graham
Member: Kwame Nkrumah Centenary Planning Committee Executive Director: Third World Network



Thank you.