Anti-Corruption Chief cites need to attack culture of

UNCLAS SECTION 01 OF 02 ACCRA 001283 SIPDIS SENSITIVE E.O. 12958; N/A TAGS: PGOV KCOR PHUM GH SUBJECT: Anti-Corruption Chief cites need to attack culture of corruption Ref: Accra 1068, Accra 1085 ¶1. (SBU) Summary: Emile Short, the head of Ghana's leading anti-corruption institution, the Commission for Human Rights and Administrative Justice (CHRAJ),said that combating corruption is his highest priority, but resource limitations limit his agency's effectiveness and low salaries cause excessive staff turnover. Short noted that while CHRAJ maintains a constitutionally guaranteed independence, its effectiveness is limited by its inability to initiate prosecutions - a function reserved to the politically-appointed Attorney General. Short said he is working on a national strategy to combat corruption, and that the government needs a "holistic" approach to fight the culture of corruption. Short commended President Mills for tough action against corruption, including the recent firing of three ministers accused of corruption. He complained, however, that the British government has not cooperated sufficiently with CHRAJ in investigating the Mabey and Johnson bribery case. End Summary. ¶2. (SBU) During a November 16 meeting with POL Chief, CHRAJ Commissioner Emile Short said Ghana had made remarkable progress, but that democracy remains a work in progress. Short recently returned to his post after serving as a judge on the International Criminal Court for Rwanda in Arusha, Tanzania. While commending Ghana's five elections and two transfers of power between the National Democratic Congress (NDC) and the New Patriotic Party (NPP) as an example of Ghana's political pluralism, Short criticized the intense partisan divisions and acrimony - often resulting in grassroots violence - between the two principal parties. ¶3. (SBU) Short also said that Ghana lacks strong and independent institutional safeguards. He noted that the press is often reckless and that much of the privately owned media is merely a medium for government or opposition propaganda. Priorities: Anti-Corruption, Human Rights, Rule of Law -------------- -------------- ¶4. (SBU) Short said CHRAJ's priorities are combating corruption, protecting human rights, and supporting the rule of law. CHRAJ wants to promote greater public education and training on human rights. Short said human rights abuses occur primarily at the hands of the security services and in the prison system. He expressed his desire to reduce the number of remand prisoners to decrease prison overcrowding. Short added that Ghana has fallen short in promoting opportunities for women, as well as the rights of vulnerable groups including people with disabilities. Resource Limitations -------------- ¶5. (SBU) Short described CHRAJ as an accessible venue for Ghanaians to seek redress for grievances against abuses committed by the government or private individuals. However, he said that inadequate funding has limited CHRAJ's ability to fulfill its mandate, and poor conditions of service - including low salaries - have led to high turnover among CHRAJ staff and limited the agency's ability to attract and retain competent and dedicated professionals. Short said this has led to a large backlog of cases at the Commission. Short said that the Single Spine Salary structure (a civil service reform likely to be introduced in January 2010) would lift overall salaries and help address this problem. Corruption - Finalizing a National Action Plan -------------- - ¶6. (SBU) Short stressed that fighting corruption is his top priority. He noted that the Commission has a separate department for corruption, with six dedicated senior staff. CHRAJ is finalizing a "National Action Plan against Corruption" and, in partnership with government, intends to launch the plan by the end of the year. [Note: On December 1, Short told POL Chief that he expects President Mills to formally approve the action plan around December 9. End Note]. He said that while the government has taken some positive steps against corruption, it lacks a "holistic" strategy to address what has become a pervasive problem in the public service, and that the strategy needs to instill an anti-corruption "culture" in government, so that corruption is simultaneously prevented and punished. ¶7. (SBU) Short said corruption remains persistent, and has damaged the government's credibility. Short cited the inconsistent and unpredictable nature of government licensing and registration processes, stressing that the public needs a clear understanding of which applications and fees are required, as well as timelines for the processes. He suggested that a greater use of online technology by the government would improve transparency. ¶8. (SBU) Short said he believes President Mills is serious in his desire to deal with corruption, and commended Mills' swift action in ACCRA 00001283 002 OF 002 forcing out three ministers accused of wrongdoing earlier this year. However, Short noted that the political will expressed by the President has not yet been accompanied by concrete resource support. Mabey & Johnson -------------- ¶9. (SBU) Concerning the Mabey & Johnson case, which led to the forced resignation of two ministers from Mills' cabinet in October after the British company pled guilty to bribing Ghanaian officials in the 1990s (reftels),Short said CHRAJ is conducting its own investigation. He said he had met with the British High Commission in Accra, but that the UK government has not provided adequate information. Short said that the UK's Serious Fraud Office, which investigated Mabey & Johnson in Britain, has failed to turn over to CHRAJ evidence concerning Ghanaian officials who are named in the plea agreement as having received bribes. Short added that the majority of the Ghanaian officials implicated in the scandal have filed responses to CHRAJ's queries, and that the investigation is proceeding. Comment -------------- ¶10. (SBU) While CHRAJ has a broad constitutional mandate to address human rights and government malfeasance, Short's focus on corruption is timely, given the Mills administration's emphasis on this issue and the high-profile resignations and investigations that have taken place since Mills assumed office. It also reflects a heightened concern among many Ghanaians over the management of oil revenues, with production likely to begin in 2011. President Mills has taken a strong public stance against corruption, but Ghana's anti-corruption institutions (including CHRAJ and the Serious Fraud Office) remain under-resourced, and there remains a perception that partisan politics is often a major factor in decisions to pursue or prosecute public officials. End Comment.