Identifier
Created
Classification
Origin
05ACCRA404
2005-02-25 11:49:00
UNCLASSIFIED
Embassy Accra
Cable title:  

GHANA: INPUT FOR 2005 PRESIDENT'S REPORT ON AGOA

Tags:  ETRD GH 
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UNCLAS SECTION 01 OF 02 ACCRA 000404 

SIPDIS

PASS TO AF/EPS MARY FLEMING AND CYNTHIA AKUETTEH

E.O. 12958: N/A
TAGS: ETRD GH
SUBJECT: GHANA: INPUT FOR 2005 PRESIDENT'S REPORT ON AGOA

REF: STATE 24616

UNCLAS SECTION 01 OF 02 ACCRA 000404

SIPDIS

PASS TO AF/EPS MARY FLEMING AND CYNTHIA AKUETTEH

E.O. 12958: N/A
TAGS: ETRD GH
SUBJECT: GHANA: INPUT FOR 2005 PRESIDENT'S REPORT ON AGOA

REF: STATE 24616


1. Economic Situation: Ghana has a market-based economy with
few barriers to trade and investment. In February 2005, the
GoG ceded control of petroleum prices to the National
Petroleum Tender Board, made up of GOG representatives and
oil retailers, and gasoline prices immediately jumped 50
percent. Ghana has divested all or part of its holdings in
318 of 350 state-owned enterprises, and it has announced
interest in privatizing most of the remaining ones, including
the oil refinery, power and water utilities, ports and
railways, and civil aviation establishments. The
government's monopoly on the export of cocoa was removed in
1999 to allow the private sector to participate partially in
cocoa exports, though few companies have taken advantage of
this opportunity, and the GoG still controls the price paid
to cocoa farmers. The IMF and World Bank gave final approval
to HIPC Completion Point in July 2004, paving the way for
Ghana to receive approximately USD 3.5 billion in debt
forgiveness from official creditors.


2. Trade Liberalization: Ghana requires foreign investors to
satisfy a minimum capital requirement and prohibits them from
investing in several traditional sectors. Starting a business
in Ghana can take about 85 days. In December 2003,
Parliament passed five of the six bills designed to bring
Ghana into compliance with TRIPS requirements; the remaining
copyright bill is expected to pass in 2005. Ghanaian law
protects private property rights, although disputes over land
ownership are common. The government has made some progress
in resolving ongoing investment disputes involving U.S.
companies, but there are currently several commercial
disputes involving cotton production, rice production, and
telecommunications.


3. Political Pluralism: President John Kufuor of the NPP
party was re-elected on December 7, 2004, in a national
election that was generally considered free and fair by
international observers, despite a few incidents of
intimidation and minor irregularities. Eight political
parties contested parliamentary elections and four parties
contested presidential elections.


4. Rule of Law: Corruption in the judicial system and lengthy
pre-trial detentions remain serious problems. &Fast Track8
High Courts are dealing with routine commercial disputes and
high profile corruption cases. The integrity of the legal
system is limited by a lack of financial, human, and material

resources. The judiciary is occasionally subject to executive
influence and corruption.


5. Anti-Corruption: The government pursues a &Zero
Tolerance8 policy on corruption. The government is
negotiating a contract with a U.S. company to put in place a
double-blind bidding system for government procurement
contracts. The National Reconciliation Commission completed
an inquiry in 2004 for victims of past government human
rights abuses. Police corruption and impunity remains a
problem.


6. Poverty Reduction: The IMF approved a new Poverty
Reduction and Growth Facility for Ghana in April 2003 and
completed the second review in July 2004; to date, the GoG
has adhered to the majority of its targets. The current
budget includes a number of initiatives to alleviate poverty.
The National Health Insurance Scheme increased the VAT tax by
2.5 percent in August 2004 to fund expanded health coverage
in Ghana.


7. Human Rights: The GOG generally respects human rights.
However, there have been some credible reports that police
have beaten suspects in custody and have arbitrarily arrested
and detained people. In 2004, an opposition member in the
north died in military custody. Prison conditions remain
harsh and life threatening and prolonged pre-trial detention
remains a serious problem. There are occasional reports that
government officials pressure government media outlets to
minimize coverage of opposition politicians.


8. Labor: The new Labor Act of 2003 amends and consolidates
previous labor laws, conforms to ILO conventions, enhances
the right of every worker to form or join a trade union, and
creates a National Labor Commission to help resolve labor
disputes. The Constitution prohibits forced or compulsory
labor, however there were reports that such practices
occurred. Ghana has ratified both ILO Convention 29 and
Convention 105 on forced labor.


9. Child Labor: GOG law sets a minimum employment age of 15
years and prohibits night work and certain types of hazardous
labor for those less than 18 years of age. However, child
labor is a serious problem in the informal sector. In
September 2003, Ghana signed the Optional Protocol to the
Convention on the Rights of the Child on the sale of
children, child prostitution, and child pornography. The
government has ratified ILO Convention 182 on the worst forms
of child labor.


10. AGOA-related outreach: The West Africa Trade Hub is a
important USAID-funded program whose goal is to build the
export capacity of Ghanaian firms through training, technical
assistance, and information. The Trade Hub supports an AGOA
Resource Center in Accra, offering public Internet access for
research and communication with potential suppliers and
buyers, and provides information on customs, transport, and
sanitary/phytosanitary standards.


11. Challenges: Two main challenges prevent expanded exports
under AGOA. First, the production supply base is too small to
meet demands from the large commercial entities in the U.S.,
and the benefits from AGOA do not make up for the resources
required to increase supply. Secondly, producers have
difficulty meeting the stringent delivery requirements of big
commercial U.S. importers. Since most of the products are
created by local, unorganized labor and are dependent on a
variety of uncontrollable logistical elements, producers
generally cannot guarantee a time or quantity for delivery.
YATES