Accra: The Commission on Human Rights and Administrative Justice (CHRAJ) has called on public officers of the newly formed government and the ninth Parliament to familiarize themselves with the Constitutional Code of Conduct. The Commission emphasized the necessity for these officials to declare their assets in accordance with legal requirements before assuming their duties.
According to Ghana News Agency, Mr. Joseph Whittal, Commissioner of CHRAJ, in a New Year Message, urged the government to prioritize the passage of the Conduct of Public Officers Bill. The Commission stressed that public officials must avoid unethical behaviors such as conflicts of interest, abuse of power, and corruption. The statement highlighted the expectations set forth by Chapter 24 of the 1992 Constitution, titled "Code of Conduct for Public Officers."
Article 284 of the Constitution prohibits public officers from placing themselves in situations where their personal interests conflict or are likely to conflict with their official duties. The Commission outlined the importance of compliance with asset and liability declarations under Article 286 (1) of the Constitution and the Public Office Holders (Declaration of Assets and Disqualification) Act, 1998 (Act 550).
The Commission observed that public officers have historically either neglected the Code of Conduct or, in the case of new officers, been unaware of it, leading to unethical behavior. The statement explained that Administrative Justice involves ensuring that administrative bodies and officials exercise public power in compliance with the law and the Constitution.
Article 23 of the Constitution mandates that administrative bodies and officials act fairly and reasonably, allowing aggrieved individuals the right to seek redress through a court or tribunal. The statement noted that countries like Ghana, Australia, and Namibia have elevated administrative justice to a constitutional/fundamental human right.
The Commission reiterated that administrative justice should be a guiding principle for the Ghanaian administrative state and urged public institutions to ensure the legality of their actions. On human rights, the statement mentioned that Ghana has ratified several international human rights instruments, reinforcing its commitment to uphold these rights.
Article 12(1) of the Constitution requires the Executive, Legislature, Judiciary, and all government agencies to respect and uphold fundamental human rights. The statement emphasized that human rights should remain central to Ghana's socio-economic development, especially as these rights face increasing challenges. The Commission reminded all individuals and entities in Ghana of their duty to respect and protect human rights as outlined in the Constitution.
