A Constitutional Review Consultative Committee(CRCC) has proposed significant amendments to empower the Commission on Human Rights and Administrative Justice (CHRAJ), reform the appointment processes for Independent Constitutional Bodies (ICBs), and revise constitutional immunity provisions.

Empowering CHRAJ

The committee recommends amending Article 218(a) of the 1992 Constitution to enable CHRAJ to investigate complaints of human rights violations, corruption, and abuse of power without requiring a formal complainant.

The revised article would mandate CHRAJ to:

Investigate violations of fundamental rights and freedoms, corruption, abuse of power, and unfair treatment by public officers in their official duties. Examine public officers’ actions regarding alleged violations of fundamental human rights.

The proposal seeks to expand CHRAJ's mandate, ensuring it can proactively address issues of injustice and misconduct.

Reforming ICB Appointments

Addressing concerns about executive influence in the appointment of heads of Independent Commission Boards, the committee recommends an open, competitive process that includes parliamentary vetting and approval.

Successful candidates would then be appointed by the President.

This revised procedure would apply to key institutions, including the Electoral Commission, the National Commission on Civic Education (NCCE), and the Office of the Government Statistician.

The committee believes this process will enhance transparency and public confidence in these critical appointments.

Revising Constitutional Immunity

The committee also reviewed Article 117, which grants constitutional immunity to certain public officials.

While stakeholders advocated for a complete revocation, the committee suggested a compromise: removing the word “arrest” from the provision’s title.

This adjustment aims to address public concerns while maintaining necessary protections for officials.

Broader Implications

These proposed amendments reflect a commitment to strengthening governance, promoting accountability, and aligning constitutional provisions with contemporary democratic standards.

The recommendations, if implemented, are expected to enhance institutional independence and public trust in Ghana’s democratic framework.

The report is now subject to further review and approval processes, including potential parliamentary deliberations.

The CRCC is made up of institutional representation through a process where the various institutions freely and independently nominate persons to the Committee.

These institutions are:

(1) the Ministry of Justice and Attorney-General’s Department (MoJAGD),

 (2) the Ministry of Parliamentary Affairs (MoPA),

 

(3) the Commission on Human Rights and Administrative Justice (CHRAJ),

(4) the National Commission on Civic Education (NCCE),

(5) the Audit Service,

(6) the National Development Planning Commission (NDPC),

 (7) the Judicial Service,

 

(8) the Ghana Bar Association (GBA),

(9) the National Media Commission (NMC),

(10) the Parliamentary Service,

 (11) the University of Ghana School of Law (UGSoL), and

 

(12) African Centre for Economic Transformation (ACET).