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Ghana

In law
36
In practice
22

Ghana does not provide parties or candidates with funding, direct or indirect, for electoral campaigning. Few contributions are restricted, and the law does not limit spending during campaigns. Parties and candidates rely primarily on membership dues and self-financing to generate funds. Due to the absence of most regulations, no violations of restrictions were reported during the 2012 elections. Parties are required to report their financial information within and without the campaign season, but in practice, it is not uncommon for them to fail to meet these requirements. Of the information that is submitted, it often fails to include a full list of contributors. Financial reports are not made accessible to the public in a timely fashion. There is no regulation of third party actors in the Ghanaian system. The oversight body, the Electoral Commission, is generally independent, though some of its leaders may have been appointed on a non-merit-basis. In practice, however, the Electoral Commission exercises very little control of political finance. It has not investigated or audited party accounts within the study period due to a lack of capacity, nor has it sanctioned any party for violating the law (despite the fact that several violations have occurred).

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    Direct and Indirect Public Funding

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    21
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      Direct Public Funding
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        1
        Score
        NO
        In law, there is direct public funding for electoral campaigns.More about indicator

        No laws exist to provide direct funding for electoral campaigns. Part III of the political parties law (Act 574) limits funding of political parties, be it for campaign or party activities to founders, members and Ghanaian citizens.

        Scoring Criteria

        A YES score is earned where there is direct public funding for both political parties and individual candidates to campaign. A 100 also applies where only one of the two actors can be elected and, therefore, only one is entitled to direct public funding.

        A MODERATE score is earned where per law only one of the two actors (either political parties or individual candidates) is allocated direct public funding to campaign, even though both can be elected.

        A NO score is earned where no such law exists.

        Sources

        1992 Constitution of Ghana, Article 55 (15) http://www.judicial.gov.gh/constitution/chapter/chap_1.htm

        Political Parties Act (Act 574), 2000 http://ec.gov.gh/page.php?page=422&section=45&typ=1

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        2
        Score
        NO
        In law, there is a transparent and equitable mechanism to determine direct public funding for electoral campaigns.More about indicator

        The current law regulating political parties does not have provisions for direct state financing of campaigns or parties, and therefore no mechanism exists for the determination of direct public funding.

        Scoring Criteria

        A YES score is earned where: 1) direct public funding for political parties and individual candidates' electoral campaigns is allocated through a clearly defined calculation mechanism that is transparent and equitable, and 2) there are clearly defined eligibility criteria.

        A MODERATE score is earned where direct public funding for political party and individual candidates' electoral campaigns is allocated through a clearly defined calculation mechanism that is transparent and equitable, but eligibility criteria are not clearly defined.

        A NO score is earned where no such law exists.

        Sources

        Political parties Act (Act 574), 2000 http://ec.gov.gh/page.php?page=422&section=45&typ=1

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        3
        Score
        50
        In practice, to what extent is the mechanism to determine direct public funding for electoral campaigns transparent, equitable and consistently applied?More about indicator

        In Ghana presently, there is no system of direct public funding for electoral campaigns. As a result this indicator is not applicable.

        Scoring Criteria

        A 100 score is earned where: 1) electoral campaigns allocations are always defined through a clearly defined transparent and equitable calculation mechanism, and 2) the defined eligibility criteria are applied consistently.

        A 50 score is earned where: 1) electoral campaign allocations are usually defined through a clearly defined transparent and equitable calculation mechanism but exceptions exist, or 2) the eligibility criteria are usually applied but exceptions exist.

        A 0 score is earned where: 1) political campaign allocations are rarely or never defined through a clearly defined transparent and equitable calculation mechanism, or 2) the defined eligibility criteria are rarely applied.

        Sources

        Interview Linda Ofori Kwafo, Executive Secretary, Ghana Integrity Initiative (GII), a civil society organization/Ghana Chapter of Transparency International. Email Interview conducted on August 25th, 2014

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        4
        Score
        50
        In practice, to what extent does the entity in charge of public funding make disbursement information publicly available?More about indicator

        As stated in the previous responses to the in law questions, there is no direct public funding of electoral campaigns,and therefore this indicator is not applicable.

        Scoring Criteria

        A 100 score is earned where: 1) complete information on the disbursements is published less than a month after disbursement, and 2) the information is available on the Internet for free or in hard copy at photocopying cost.

        A 50 score is earned where: 1) the information published is incomplete or published more than two months after disbursement, or 2) obtaining the information costs more than photocopying.

        A 0 score is earned where: 1) disbursement information is published more than four months after disbursement, or 2) no disbursement information is published or released upon request.

        Sources

        Interview Linda Ofori Kwafo, Executive Secretary, Ghana Integrity Initiative (GII), a civil society organization/Ghana Chapter of Transparency International. Email Interview conducted on August 25th, 2014

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      Indirect Public Funding
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        5
        Score
        NO
        In law, use of state resources in favor of or against political parties and individual candidates is prohibited.More about indicator

        There is a broad provision in Ghana's 1992 Constitution that prohibits discrimination against any political party for the purposes of a campaign. Specifically, Article 55 (11) requires the state to provide fair opportunity to all political parties to present their program to the public by ensuring equal access to the state-owned media. Sections 12 and 13 of the same article provide that same amount of time and space be given to presidential and parliamentary candidates to present their programs and campaign freely.

        However, the appears to be ambiguity in the constitutional provision on ' fair opportunity'. There is no clearly defined law regulating the use of state resources, in particular the state-owned media, during campaign elections. Thus, apart from the constitutional provisions, which provide broad context, there is no specific law prohibiting the use of state resources in favour or against political parties and individual candidates.


        Peer Reviewer comment: Agree. Although the Commission on Human Rights and Administrative Justice has issued guidelines for the public service, the code is not interpreted as having the force of law. In addition, the country's political parties are signatories to a voluntary code of conduct that outlines provisions to limit abuses of incumbency. The code was updated in the lead up to the 2012 elections.

        Scoring Criteria

        A YES score is earned where there is an explicit ban on the use of state resources in favor of or against political parties and individual candidates. A YES is also earned where there are clearly defined exceptions, which are accessible to all actors equally.

        A MODERATE score is earned where an explicit ban exists but it only applies to one of the two actors, even though both can be elected. A NO score is earned where no such law exists.

        A NO score is also earned where the law exists, but allows discretionary exceptions.

        Sources

        1992 Constitution, Article 55, sections 11, 12, 13
        http://www.judicial.gov.gh/constitution/second_schedule/home.htm

        Reviewer's sources: Phone interview with Dr. Ransford Edward Van Gyampo, Research Fellow, Institute for Economic Affairs, Nov 10, 2014.

        "Regulating Conflicts of Interest: Could do Better?" Institute of Economic Affairs, Governance Newsletter, Vol. 17, No. 2 March/April 2011, Sourced from: http://ieagh.org/wp-content/uploads/2014/07/gov-v17-n2.pdf, Accessed Nov. 2, 2014.

        Ghana Political Party Code of Conduct, 2012, Sourced from: http://eisa.org.za/WEP/ghaparties3.htm, accessed Nov. 20, 2014.

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        25
        In practice, to what extent are no state resources used in favor of or against political parties and individual candidates' electoral campaigns?More about indicator

        The use and, therefore, abuse of state resources in favour of a political party or candidate, especially the incumbent, has been a regular feature in elections in Ghana. While there is broad provisions in the 1992 Constitution to guarantee fairness and equal opportunity for all parties and candidates, the reality is that in practice there has been several instances where state resources are used in favour of incumbent as against opposition parties and candidates. Part of the reason is the lack of clarity in the political party regulations to define when a campaign period begins. There is always a conflict between official government business and party business during elections.

        In the recent elections, there were occasions where public/civil servants used official state resource and platforms to campaign while still in office; frequently, official/state vehicles are made available to ministers of state who are candidates and presidential candidates for campaign purposes. There are no clear codes and rules prohibiting the use or abuse of state resource for electoral gains during elections.


        Peer reviewer comment: Agree. A distinction between government business and campaign activities is not clearly defined and it not always maintained. While recognizing that in some cases, clearly separating government from party business can be difficult, by scheduling government business around the same time as more overt campaign activities, elected officials are able to take advantage of state resources for transportation and other other logistical support for partisan activities. In some cases, government events are used as platforms to conduct partisan activity and civil servants have conducted partisan activities during normal working hours. This is a common and permanent feature of Ghanaian elections and is not exclusive to the last election. These practices have been documented by various groups that have observed Ghanaian elections. In addition, civil society groups have expressed concerns about cyclical spending that results in a surge in government expenditure in election years.

        Scoring Criteria

        A 100 score is earned where there is no evidence of authorities using state resources in favor of or against political parties and individual candidates. A 100 is also earned where there are clearly defined exceptions and are equally accessible to all actors.

        A 50 score is earned where: 1) documented evidence indicates occasional use of state resources in favor of or against political parties and individual candidates, or 2) clearly defined exceptions are not equally accessible to all actors.

        A 0 score is earned where documented evidence indicates regular use of state resources in favor of or against certain political parties and individual candidates.

        Sources

        Report on Monitoring Abuse of Incumbency in Ghana’s 2012 Elections: February 2012-January 2013: http://www.tighana.org/giipages/publication/Final%20Report%20on%20Abuse%20of%20Incumbencyin%20the%202012%20Elections.pdf

        Interview with Kojo Asante, member of the advisory body on a project to monitor abuse of incumbency in Ghana's 2012 Elections. Currently, interviewee is pursuing a doctoral studies at Manchester University in the UK. Interview conducted on in July 25th in Accra (interviewee is on a field research trip).

        News story: "Nana Addo in vote buying; Mahama in abuse of incumbency - Report" Cited by Ghanaweb on http://www.ghanaweb.com/GhanaHomePage/NewsArchive/artikel.php?ID=255154 (Sourced on August 17th, 2014)

        Reviewer's sources: Interview with Abigail Burgesson, a Democracy, Governance, Gender and Resource Mobilization Specialist. Interview conducted by phone October 31, 2014 during the interviewee's visit to the United States.

        Phone Interview with Dr. Ransford Edward Van Gyampo, Research Fellow, the Institute of Economic Affairs, Nov. 10, 2014.

        News Story "Ghana’s election spending must be independent- IEA", Jul 30, 2014, source from: SpyGhana.com: http://www.spyghana.com/ghanas-election-spending-must-be-independent-iea/, accessed Nov 1, 2014,

        Preliminary Report on Monitoring the Right to Vote and Observing the 2012 Presidential and Parliamentary Elections in Ghana, Commission on Human Rights and Administrative Justice, Sourced from: http://www.chrajghana.com/wp-content/uploads/2012/08/preliminaryreportelections.pdf, Accessed Nov 2, 2014.

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        NO
        In law, political parties and individual candidates have free or subsidized access to equitable air time for electoral campaigns?More about indicator

        There is no law currently that specifically requests political parties and individual candidates to have free or subsidized access to equitable air time for electoral campaigns.

        Although the 1992 Ghana Constitution guarantees equal and fair access to state-owned media to all registered political parties and presidential candidates, the constitution does not go further to specify that free or subsidized access to equitable air time for electoral campaigns. The Constitution specifically states in Article 55 section (11) "The state shall provide fair opportunity to all political parties to present their programmes to the public by ensuring equal access to the state-owned media"; and in section 12 it states "All presidential candidates shall be given the same amount of time and space on the state-owned media to present their programmes to the people".

        These provisions do not require free or subsidized access to air time, and indeed it is limited to state-owned media.


        Peer Reviewer comment: Disagree, suggests a 100 score. Although the legal framework does not specifically include the word "free", the implication is that state media should provide some amount of free access to the media. Article 55 (11, 12) of the 1992 constitution requires "The state shall provide fair opportunity to all political parties to present their programmes to the public by ensuring equal access to the state-owned media. All presidential candidates shall be given the same amount of time and space on the state-owned media to present their programmes to the people."

        Act 449 of 1993 charges The National Media Commission with taking measures "to insulate the state-owned media from governmental control; (d) to take measures to ensure that persons responsible for state-owned media afford fair opportunities and facilities for the presentation of divergent views and dissenting opinions." The Commission has interpreted the constitutional provisions to mean that a certain amount of time should be provided free to parties and candidates. Parties and candidates may buy additional time on state and private media. As indicated elsewhere in this report, the Commission develops and issued detailed guidelines on the time that should be allocated to candidates/parties.

        In 1993 the National Patriotic Party won a Supreme Court case against the Ghana Broadcasting corporation. While the case related to granting the opposition access to state-owned media to present their views of the budget and thus fell outside campaign period, it affirmed the principle of fair access/coverage.

        Scoring Criteria

        A YES score is earned where: 1) free or subsidized access to air time for electoral campaigns is granted in a transparent, equitable way, and 2) there are clearly defined eligibility criteria.

        A MODERATE score is earned where free or subsidized access to air time for electoral campaigns is granted in a transparent, equitable way, but eligibility criteria are not clearly defined.

        A NO score is earned where no such law exists.

        Sources

        Ghana 1992 Constitution, Article 55 http://www.judicial.gov.gh/constitution/second_schedule/home.htm

        Reviewer's sources: Constitution of the Republic of Ghana, 1992. http://www.judicial.gov.gh/constitution/second_schedule/home.htm

        Phone interview with a former senior official of the National Media Commission, Nov. 4, 2013. Anonymity requested.

        News Article: Rules of Engagement: The National Media Commision, the Media and Election 2012, Mohammed Nurudeen Issahaq, Ghana News Agency, July 30, 2012, Sourced from http://www.ghananewsagency.org/features/rules-of-engagement-the-national-media-commission-the-media-and-election-2012-47022, Accessed Nov 1, 2014.

        News Article: Ghana: NMC Sets Guidelines On Political Advertising, The Chronicle, November 26, 2012, Sourced from: http://allafrica.com/stories/201211270987.html, Accessed Nov. 2, 2012.

        The names of anonymous sources are known to Global Integrity and Global Integrity has agreed not to disclose them.

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        50
        In practice, to what extent is free or subsidized access to air time provided in a transparent, equitable way to political parties and individual candidates for electoral campaigns?More about indicator

        While the 1992 Constitution guarantees equal access to all parties and presidential candidates, it is silent on free or subsidized access to air time. In practice, however, both pubic and private media routinely offer access, sometimes free (state-owned media) and subsidized (both state-owned and private) to political parties and candidates for electoral campaign. With respect to the private media, it is the ability of parties and candidates to pay and therefore it is always not equitable. And also, partisan linked private media always favours their clients. For the public media, while these offers exist, the practice of it has always favored the incumbent.

        The recent 2012 general elections were no different as the monitoring exercise carried out by civil society monitoring groups confirmed this observation. The state-owned media (print and electronic), the Ghanaian Times, Spectator, Uniiq FM and GTV favoured the ruling party and its presidential candidate in terms of in news story share, space allotment, and time slots.

        Notwithstanding, the Ghanaian media regulatory bodies (both the public and private), the National Media Commission (NMC) and the Ghana Journalists Association (GJA) have always developed guidelines for the media establishments to ensure equitable access to airtime for parties and candidates. These guidelines are always made public and transparent.

        The allocation of free and subsidized airtime for parties and candidates, especially from the state-owned media, comes in two forms. The first is the regular news coverage of campaign activities of parties and candidates by the media, both electronic and print. This is usually at the discretion of the media establishment and editorial decision as to what is news worthy to cover and report on; and this is where the incumbent almost always get a lot more of airtime because of the fine line between government and party activity during elections.

        The second form is a special arrangement, which is most of the time put in place by the state-owned electronic media (TV and Radio), the Ghana Broadcasting Corporation (GBC), which is the most known and frequent. The GBC normally sets out a period during the election campaign where all contesting political parties and presidential candidates are given a slot (equal air time) during the week or month to broadcast to the nation aspects of their manifestos or programs. In this arrangement all parties approved by the Electoral Commission to contest the election are provided with same opportunity and airtime to broadcast their campaign.

        The determination of eligibility is left to the individual media station. In the most recent elections (2012), the GBC met with all the parties to discuss such arrangement and opportunities and agreed on the format/allotment, in most cases an airtime of between 5 to 10 minutes. The GBC provided platforms for parties to present their manifestos and campaign message based on the discussions with the parties.

        In addition to this free airtime provided to all parties, the GBC also provided all parties with subsidized fees for all parties to who want to bring a self produced campaign message for air play. For this particular platform, it is based on parties who can afford to pay and there is no limit to how many advertising campaigns one can pay for and duration (although in most instances, the duration does not exceed 15 minutes). The main point here is that all parties are provided same opportunity and platform based on subsidized advertising fee and parties, who can afford, are eligible to take as many slots they are able to pay for.


        Peer Reviewer comment: Agree. The National Media Commission (NMC) issues guidelines for free access in the lead up to elections as a part of the 'special arrangement ' noted by thte researcher. (The NMC's composition and mandate are outlined in the constitution and the National Media Commission Act. Commissioners include representatives of the media, the bar association, religious communities, and individuals appointed by the president and parliament.) These guidelines are developed in consultation with a variety of media, civil society and other stakeholders. The guidelines are publicized through workshops and other activities with the media. In line with the constitutional provision for "equal time" to all presidential candidates, the allocation is based on equity. (The 1993 Supreme Court Case also confirmed that candidates must be treated equally.) Guidelines issued for previous elections were updated in the lead up to the 2012 polls. For 2012, each presidential candidate was allocated 5 minutes on a rotational basis. In addition, each candidate was given one hour of studio time to prepare and record their 5 minute message. The guidelines required regional stations to provide parties and parliamentary candidates 5 minutes on a rotational basis as well. (The NMC document also includes guidelines for balance in news coverage and to limit inflammatory language. The NMC is also responsible for overseeing compliance with the guidelines. In the lead up to the 2012 elections, the NMC acquired equipment to assist in monitoring media coverage of the elections.)

        Some reports suggest that while the ruling party had an advantage in the state media (as has been the case in past elections and with previous governments) it was not so overwhelming as to prevent other parties from communicating their positions to the pubication. At least one civil society group attempted to systematically monitor the media and reported data on coverage across various media outlets. The report's findings (a small ruling party advantage in media coverage) are consistent with patterns informally observed by people who follow Ghanaian politics.

        Scoring Criteria

        A 100 score is earned where: 1) free or subsidized access to media advertising is always provided in a transparent and equitable way, and 2) the defined eligibility criteria are applied consistently.

        A 50 score is earned where: 1) free or subsidized access to media advertising is usually provided in a transparent and equitable way, but exceptions exist, or 2) the eligibility criteria are not always applied.

        A 0 score is earned where: 1) there's rarely free or subsidized access to air time for political campaign, and 2) access exists but is not provided in a transparent, equitable way.

        Sources
        1. News Feature: Mohammed Nurudeen Issahaq, "Rules of Engagement: The National Media Commission, the Media and Election 2012". Retrieved on August 17, 2014 from http://www.ghananewsagency.org/features/rules-of-engagement-the-national-media-commission-the-media-and-election-2012-47022

        2. Report on Monitoring Abuse of Incumbency in Ghana’s 2012 Elections: February 2012-January 2013: http://www.tighana.org/giipages/publication/Final%20Report%20on%20Abuse%20of%20Incumbencyin%20the%202012%20Elections.pdf

        3. Kojo Asante, member of the advisory body on a project to monitor abuse of incumbency in Ghana's 2012 Elections and a legal expert. Currently, interviewee is pursuing a doctoral studies at Manchester University in the UK. Interview conducted on in July 25th in Accra (interviewee is on a field research trip).

        Reviewer's sources: News Article: Rules of Engagement: The National Media Commission, the Media and Election 2012, Sourced fromhttp://www.ghananewsagency.org/features/rules-of-engagement-the-national-media-commission-the-media-and-election-2012-47022, accessed Nov. 20, 2014,

        News Article: NMC Sets Parameters for Coverage of Election 2012, Sourced from: , NMC sets parameters for coverage of Election 2012 | Politics 2012-01-31, Accessed Nov 21, 2014

        News Article: NMC Demands Fair Political Reportage from State Media, The Chronicle, June 26, 2012. Sourced from: http://allafrica.com/stories/201206270678.html, Accessed,, Nov. 21, 2014 Source: Article 19 Report: Ghana: New Patriotic Party v. Ghana Broadcasting Corporation, Sourced from http://www.article19.org/resources.php/resource/3207/en/ghana:-new-patriotic-party-v.-ghana-broadcasting-corporation, accessed Nov 20, 2014

        Audrey Gadzekpo, Associate Professor, University of Legon, School of Communication Studies. Served in an advisory capacity when the 2012 guidelines were being updated. Email interview October 30, 2014.

        "Third Report on the Monitoring of Abuse of Incumbency and Electoral Corruption in Ghana's 2012 Elections", Ghana Integrity Initiative, December 2012, http://www.tighana.org/giipages/publication/ALERT%2033%20FINAL.pdf, accessed November 1, 2014. Between October 1 and November 15, state owned media featured 33 percent coverage of the ruling party, 27 percent of the opposition, with the rmeainder distributed among smaller parties.

        Phone Interview with Abigal Burgesson, Democracy, Governance and Gender Specialist. Interview conducted by phone October 31.

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    Contribution and Expenditure Restrictions

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      General Rules on Electoral Campaign Contributions
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        9
        Score
        NO
        In law, cash contributions are banned.More about indicator

        There is no banned on cash contributions to political parties in Ghana. Ghanaian citizens are permitted to make cash contributions to political party of choice. Section 23 (1) of Ghana's political party law (Act 574) specifically states "only a citizen may contribute in cash or in kind to the funds of a political party. The current law is silent on individual candidates. The present law (Act 574) is the only provisions presently that regulates financing of political parties and independent candidates are regulated under the same law. In other words, there is no different law that is set out to regulate individual or independent candidates

        Scoring Criteria

        A YES score is earned where cash contributions are banned and all financial contributions must be made via the banking system.

        A MODERATE score is earned where cash contributions are allowed up to a maximum limit, regardless of the limit.

        A NO score is earned where no such law exists.

        Sources

        Political Parties Law (Act 574); Enacted 2000; Section 23 (1) http://ec.gov.gh/page.php?page=422&section=45&typ=1

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        10
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        MODERATE
        In law, there is a ban on anonymous contributions.More about indicator

        The political parties law (Act 574) requires political parties to provide the Electoral Commission sources of all its funds. Implicitly, the law bans anonymous contributions to political party and campaign financing. Section 21 of Act 574, titled "Returns and Accounts of Political Parties", requires political parties (in that context independent candidates) to list (in sub-section 1 (ii)) the sources of its funds.

        There is no specific law that regulates individual or independent candidates in this regard.

        Scoring Criteria

        A YES score is earned where the law stipulates that anonymous contributions are banned.

        A MODERATE score is earned where the ban exists, but it applies only to one actor (whether political parties or individual candidates). A MODERATE score is also earned where small anonymous donations are allowed up to a maximum threshold equal to or less than the equivalent to US$300.

        A NO score is earned where no such law exists.

        Sources

        The Political Parties Law, Act 574, Section 21 (1) ii, passed in 2000 http://ec.gov.gh/page.php?page=422&section=45&typ=1

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        MODERATE
        In law, in-kind donations to political parties and individual candidates must be reported.More about indicator

        In Ghana, political parties are required to file accounts to the Electoral Commission within 6 months from the end of the year (31st December). In this account parties are to state contributions in cash and in kind as well. Section 21 (1) of Act 574 (Ghana's Political Parties law) states "A Political party shall, within six months from 31st December of each year, file with the Commission a) a return in the form of specified by the Commission indicating: i. the state of accounts ii. the sources of its funds iii. membership dues paid iv. contributions or donations in cash or kind v. the properties of the party and time of acquisition vi. such other particulars as the Commission may reasonably require

        There is no specific law that regulates individual or independent candidates in this regard.


        Peer reviewer comment: Agree. The Political Parties and Election Laws are silent on financial reporting by individual candidates.

        Scoring Criteria

        A YES score is earned where all in-kind donations must be reported to the oversight authority.

        A MODERATE score is also earned if the requirement to report such information exists, but applies only to one actor (whether political parties or individual candidates).

        A NO score is earned where no such law exists.

        Sources

        Ghana Political Parties Law (Act 574); enacted in 2000; section 21 (1) http://ec.gov.gh/page.php?page=422&section=45&typ=1

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        12
        Score
        MODERATE
        In law, loans to political parties and individual candidates must be reported.More about indicator

        Although, Ghana's political parties law, Act 574 section 14, does not explicitly refer to loan contribution to political, parties, the law, however, requires political parties in Section 21 sub-section 1 (ii) and (iv) to list sources of funds as well as contributions or donations in cash or kind. Section 14 (i) also requests parties to list liabilities, which may necessarily include loans. These provisions thus require political parties to include loans secured in its reporting to the Electoral Commission.

        Section 24 of the Act stipulates that "a non-citizen shall not directly or indirectly make a contribution or donation or loan whether in cash or in kind to the funds held by or for the benefit of a political party and no political party or person acting for or on behalf of a political party shall demand or accept a contribution donation or loan from a non-citizen". With the definition of ‘citizen’ broaden in section 23 as the sole contributor to political parties, a combined effect of sections, 24, 23, 21 and 14 implies that loans are allowed as sources of funding for parties. Besides, loans are a source of funds, and loans to organizations are ordinarily reported in their financial reports and statements of account.

        There is no specific law that regulates individual or independent candidates in this regard.


        Peer reviewer comment: Agree - The Political Parties and Election Laws are silent on financial reporting by individual candidates.

        Scoring Criteria

        A YES score is earned where all loans must be reported to the oversight authority.

        A MODERATE score is earned where loans must be reported, but the requirement applies only to one actor (whether political parties or individual candidates).

        A NO score is earned where no such law exists.

        Sources

        Political Parties Law (Act 574), Sections 14, 21 (1) ii, iii, 23, and 24, passed in 2000 http://ec.gov.gh/page.php?page=422&section=45&typ=1

        Kojo Asante, legal and governance expert. Email interview conducted on August 31st, 2014

        Victor Brobbey, Legal and Governance Expert, and a Law Professor at Ghana Institute of Management and Public Administration (GIMPA), Accra. Email interview conducted on August 31st, 2014

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      Limits on Contributions and Expenditures during Electoral Campaign Periods
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        13
        Score
        NO
        In law, contributions from individuals are limited to a maximum amount.More about indicator

        There is no law limiting contributions from individuals to political parties. Part III, Sections 23 and 24 of the political parties does not set out any maximum amount that individuals can contribute to the cause of political parties. There are no provisions existing regulating individual or independent candidates of same.

        Scoring Criteria

        A YES score is earned where: 1) individuals may not contribute more than a maximum amount established by the law.

        A MODERATE score is earned where a maximum amount exists, but it applies only to contributions for one actor (whether political parties or individual candidates). A MODERATE score is also earned where individuals are forbidden from making any contribution.

        A NO score is earned where no such law exists.

        Sources

        Political Parties Law, Act 574, Part III, Sections 23 and 24, enacted 2000 http://ec.gov.gh/page.php?page=422&section=45&typ=1

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        14
        Score
        NO
        In law, contributions from corporations are limited to a maximum amount.More about indicator

        There is no law limiting the amount that corporate bodies can contribute to political parties. Section 23, subsection 2 of the political parties law, Act 574 allows corporate bodies to contribute funds to political parties but it does not set out any limit. There are also no laws in this regard that affect individual or independent candidates.

        Scoring Criteria

        A YES score is earned where: 1) corporations may not contribute more than a maximum amount established by the law.

        A MODERATE score is earned where a maximum amount or ban exists, but it applies only to contributions for one actor (whether political parties or individual candidates). A MODERATE score is also earned where corporations are forbidden from making any contribution.

        A NO score is earned where no such law exists.

        Sources

        Political Parties Law, Act 574, Section 23 sub-section 2, passed in 2000 http://ec.gov.gh/page.php?page=422&section=45&typ=1

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        15
        Score
        MODERATE
        In law, contributions from foreign sources are banned.More about indicator

        Ghana's laws, particularly the 1992 Constitution and political parties law, Act 574, specifically forbid funding or contributions to political parties or individuals by foreigners. Article 55, Clause 15 of the 1992 Constitution states "only a citizen of Ghana may make a contribution or donation to a political party registered in Ghana: And Section 23, sub-section1 specifically states "only a citizen may contribute in cash or in kind to the funds of a political party. Section 24 goes further to state " a non-citizen shall not directly or indirectly make a contribution or donation or loan whether in cash or in kind to the funds held by or for the benefit of a political party and no political party or person acting for or on behalf of a political party shall demand or accept a contribution donation or loan from a non-citizen".

        There is no specific law that regulates individual or independent candidates in this regard.


        Peer Reviewer comment: Agree. Under article 23(2) of the Political Parties Act, "a firm, partnership or enterprise owned by a citizen or a company registered under the laws of the Republic at least seventy-five percent of whose captial is owned by a citizen" is considered a citizen and thus, can donate to political parties."

        Scoring Criteria

        A YES score is earned where it is forbidden for political parties and individual candidates to receive contributions (financial or in-kind) from foreign sources.

        A MODERATE score is earned where: 1) the ban exists but it applies only to one actor (whether political parties or individual candidates), or 2) contributions from foreign sources are allowed to a maximum amount.

        A NO score is earned where no such law exists.

        Sources

        Ghana 1992 Constitution , Article 55, Clause 15, promulgated in 1992 http://www.judicial.gov.gh/constitution/chapter/chap_1.htm

        Political Parties Act, 574, Sections 23 and 24, enacted 2000 http://ec.gov.gh/page.php?page=422&section=45&typ=1

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        16
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        NO
        In law, contributions from third-party actors (unions, foundations, think tanks, political action committees, etc.) are limited to a maximum amount or banned.More about indicator

        There is no law limiting the maximum amount or banning any third-party actor from contributing to political parties or individuals/independent. Part III that stipulates funding of political parties does not limit contributions so long as the person or organization is a citizen or Ghanaian registered respectively.


        Peer Reviewer comment: Agree. Chiefs/traditional authorities do not fit the traditional definition of third-party actors. However, they wield significant power in Ghanaian society as influence leaders. Under the Constitition, they are banned from partisan activity. "A chief shall not take part in active party politics."

        Scoring Criteria

        A YES score is earned where: 1) third-party actors may not contribute more than a maximum amount established by the law, or 2) are forbidden from making any contribution.

        A MODERATE score is earned where: 1) the maximum amount or ban exists only for the majority of third-party actors, but not all, or 2) the maximum amount or ban exists, but applies only to contributions for either political parties or individual candidates.

        A NO score is earned where no such law exists.

        Sources

        Ghana Political Parties Law, Act 574, Sections 23 subsection 1 and 2, passed 2000 http://ec.gov.gh/page.php?page=422&section=45&typ=1

        Reviewer's sources: Constitution of the Republic of Ghana, 1992, Article 276 (1), http://www.judicial.gov.gh/constitution/chapter/chap_1.htm

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        NO
        In law, election campaign spending by political parties and individual candidates is limited to a maximum amount.More about indicator

        There is no law limiting election campaign spending by political parties and/or individuals. In the two broad regulations, the 1992 Constitution and Act 574 (political parties law) that govern political parties and individual election campaign spending, there is no set limit as to the maximum amount one can spend.

        Scoring Criteria

        A YES score is earned where it is forbidden for political parties and individual candidates to spend more than a certain amount in a political campaign.

        A MODERATE score is earned where the maximum amount exists, but it applies only to one actor (whether political parties or individual candidates).

        A NO score is earned where no such law exists.

        Sources

        Ghana 1992 Constitution, Article 55 http://www.judicial.gov.gh/constitution/chapter/chap_1.htm

        Ghana Political Parties Law, Act 574, passed 2000 http://ec.gov.gh/page.php?page=422&section=45&typ=1

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        18
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        Open Question: Do the national laws regulating political finance also apply to sub-national units? If not, to what extent do sub-national units have laws regulating political finance?More about indicator

        The laws, especially political parties law, (Act 574) that regulate political/campaign finance only apply to national elections (presidential and parliamentary). These laws do not apply to political finance at the sub-national level, which is called district assembly. Sub-national (district assembly) elections are regulated under chapter 20 of the 1992 Constitution, with the title 'Decentralization and Local Government'. The conduct of district assembly elections is regulated by Article 248 of the 1992 Constitution. Sub-national elections are non-partisan. In other words, while national elections are organized on political party basis and therefore Act 574 regulates activities of parties, including political and campaign financing, for sub-national elections, Act 574 does not apply.

        Clause 1 of Article 248 states that "a candidate seeking election to a District Assembly or any lower local government unit shall present himself to the electorate as an individual,and shall not use any symbol associated with any political party". Clause 2 of the same Article reads "a political party shall not endorse, sponsor, offer a platform to or in anyway campaign for or against a candidate seeking election to a District Assembly or any lower local government unit".

        When it comes to sub-national elections, there are no similar (to Act 574) that regulates political/campaign finance. The district assembly election is regulated by Act 473, exacted in 1994. The Act does not set out any provisions for political/campaign finance at the sub-national level. Section 4 of Act 473 stipulates that "no candidate seeking election to a District Assembly or any lower local government unit shall - (a) use the name, motto or symbol of a political party or organization; and (b) solicit or accept the assistance of a political party in connection with the organization of District Assembly elections".

        Furthermore, section 6 of the Act prohibits individual candidates contesting sub-national elections to self organize platforms for the purposes of campaigning; same applies to political parties organizing platforms for candidates. For example, subsection 1 of section 6 states that "no person shall mount a platform or cause a platform to be mounted for the purpose of promoting or canvassing for the election of a candidate to a District Assembly unless the Commission has so authorized'; and subsection 3 reads "no political party or organization shall mount a platform or cause a platform to be mounted for the purpose of supporting or not supporting the election of a candidate to a District Assembly". Political parties or organization (third party actors) are prevented from endorsing or sponsoring candidates;canvassing for votes for; or in any way campaign for or against candidates for sub-national elections. Any individual or political party who contravenes these provisions commits an offence and is liable on conviction to a fine.

        To be sure, it is the Electoral Commission only which provides platforms for individual candidates who seek to contest the elections. Section 3, sub-section 1 of the Act states " No candidate seeking election to a District Assembly or any lower local government unit shall -(a) present himself to the electorate otherwise than as an individual; (b) use a platform which has not been mounted by the Commission for promoting or canvassing his election" Whereas the Act allows for candidates to conduct house to house campaign activities, there are no provisions set out to regulate how the candidates raise resources for this exercise and corresponding accounting. .

        Over the years, concerns have been raised as to whether the non-partisan nature of sub-national elections is sustainable since it is alleged that political parties have indirectly/secretly sponsored candidates to contest. Whereas focus has been on non-partisanship of the sub-national elections, little has been said of the lack of any regulations on campaign financing at the sub-national level.

        Scoring Criteria

        Please describe the applicability of national political finance regulations at the sub-national level, being sure to answer: 1) whether national laws are applicable to sub-national campaigns; 2) if not, to what extent do sub-national units have similar laws regulating political finance; and 3) whether there are any reports of problems arising from gaps in this framework.

        Sources

        1992 Constitution of Ghana, Article 20, promulgated in 1992 http://www.judicial.gov.gh/constitution/chapter/chap_1.htm

        Ghana Political Parties Law, Act 574, passed 2000 http://ec.gov.gh/page.php?page=422&section=45&typ=1

        District Assemble Elections Law, Act 473, passed in 1994 http://www.233law.org/index.php?p=library&l=details&id=78#sthash.DoyCNhMx.dpbs

        Interview with Kojo Asante, Legal and Governance expert, email interview, August 31st, 2014

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        Open Question: What are the predominant sources of funding for electoral campaigns?More about indicator

        Ghana's Political Parties Law, Act 574, provides that only citizens can contribute to political parties for the purposes of party administration and election/campaign financing. Studies have shown that there are four main sources of funding for political parties. These are membership dues, donations, proceeds from sale of party paraphernalia and other business ventures, external funds from party supporters (citizens). Whereas corporate (Ghanaian- owned) may be a source of funding to parties, their source come in the form of individual members within the corporate organizations but not in the name of the corporate bodies. The use of filing fees for individuals who want to contest as executives of the party and/or as presidential and parliamentary candidates have also in recent times become a major source of funding.

        Investigations also suggest that considerable funding to political parties have come from few individual wealthy persons in political parties rather than membership dues. Indeed, individual candidates, at the presidential and parliamentary levels, do finance election campaigns on their own. It is been suggested that strong individual personalities who are able to self finance their election campaign usually get the nod to contest on party ticket.

        There is very little evidence to suggest that political parties generate funding from other sources apart from donations and contributions by individual members. Parties in Ghana hardly own businesses or trust as a means of generating funding, although some parties have began to invest in government treasury bills and bonds as means of generating campaign funds.

        There has not been any proper publication on analysis of source of funding for electoral campaigns as it pertains to the most recent (2012) general election.


        Peer Reviewer Comment: Agree. In addition to raising funding within the borders of Ghana, political parties raise funds among the diaspora community in the United States and a number of European countries. In the absence of effective reporting, it is difficult to ascertain how significant these sources are.

        Scoring Criteria

        Please describe the important sources of funding for electoral campaigns, being sure to answer: 1) where does the preponderance of funding come from - public, individual, corporate, or other; 2) to what extent do individual candidates self-finance; and 3) do political parties have other methods of generating campaign funds, such as owning their own businesses or trusts.

        Sources

        Interview with Kojo Asante, Legal and Governance expert, email interview, August 31st, 2014

        Interview with Joseph Bomfeh, a candidate for the 2012 general elections, contested on the ticket of Convention People Party. Interview conducted on Friday, October 9, 2014

        News Feature by Otchere Darko, "Political Parties In Ghana Need New Sources Of Funding", January 11, 2011, sourced from http://www.ghanaweb.com/GhanaHomePage/features/artikel.php?ID=202127

        Wilbert Nam-Katoti, James Doku, Joshua Abor, and Peter Quartey, "Financing Political Parties in Ghana", Journal of Applied Business and Economics vol. 12(4) 2011. http://www.na-businesspress.com/JABE/AborJ_Web.pdf

        E. Gyimah-Boadi, State Funding of Political Parties in Ghana, Critical Perspectives (Monograph), No. 24, published by the Ghana Center for Democratic Development (CDD-Ghana), 2009. http://www.cddgh.org/publications/Critical-Perspectives/Critical-Perspectives-24

        Reviewer's sources: News Article: NPP Dallas-Fort Worth Holds Fund Raising Dinner, Ghana News Agency, November 14, 2011 Sourced from http://www.ghananewsagency.org/politics/npp-dallas-fort-worth-chapter-holds-fund-raising-dinner-35622, Accessed Nov 1, 2014

        Press Release by NDC-Germany: NDC Diaspora Campaign Team Arrives in Ghana, Nov 12, 2012. Souced from ttp://www.modernghana.com/news/429339/1/ndc-diaspora-campaign-team-arrives-in-ghana.html, Accessed Nov 2, 2014

        Interview by Phone with Abigal Burgesson, Democracy, Governance and Gender Expert, October 31

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        Open Question: Have there been documented instances of violations of contribution or expenditure limits or any of the laws mentioned above (Section 2)?More about indicator

        There has not been any official report, at least from the election management body, to suggest that any of the political parties have violated the political/campaign finance laws, especially when it comes to contribution, expenditure and regulatory framework. Significantly, the Ghanaian laws do not have a limit on contributions and expenditure, and therefore one cannot talk about violations to the limit of contributions and/or expenditure. However, there are strong suspicions among section of the public that political parties have regularly violated the laws especially when it comes to sources of funding.

        There have been allegations that foreign sources have played a part in party financing. However, sources could not respond on authority because of lack of investigations. For example, in 2012, there were allegations that Chinese companies financed one of the major parties. To the extent that this allegation was not investigated and remained rumor, it remains in Ghana today, at least in theory, that no party has violated any of the contribution and expenditure laws. In practice, however, due to lack of enforcement of the rules by the election management body, and open disclosure of party finances, it is possible that over the years, since 1992, these restrictions may have been violated by one or more of the parties, especially when it comes to individual and independent candidates who are not required by the current laws to submit reports.


        Peer Reviewer comment: Agree. Ghanaian law places only a few restriction on funding sources and does not restrict spending: the regulatory framework for campaign finance is quite permissive.

        Given that the few party finance regulations are unenforced, undeniable evidence of violations is hard to find. In a vibrant media landscape, there are significant variations in the quality of media reports. The result is that in the media, there are frequent allegations of finance practices that either illegal or illegitimate but little conclusive evidence. These include concerns about abuse of state resources and the potential influence of drug money. Many Ghanaians seem to know someone who has seen or heard evidence of something or other but indepently verified, conclusive evidence is hard to find given poor reporting and relatively few investigations of the various allegations. For instance, as indicated elsewhere in this report, parties do not regularly file their financial reports. The reports that are filed are not readily available to the public but the limited number of individuals who have seen them suggest that the records are inconsistent with the general level of campaign expenditures that can be observed during elections.

        Scoring Criteria

        Please list and describe all documented instances of: 1) violation of contribution limits, 2) violation of expenditure limits, and 3) financial contributions that circumvent the regulatory framework. The objective of this question is to learn more about the local context, so please explain the cases in as much detail as relevant.

        Sources

        News story by Vickie Remoe, "China’s Huawei caught in Ghana’s pre-election politicking", October 18, 2012, sourced from: http://www.switsalone.com/18281_chinas-huawei-caught-in-ghanas-pre-election-politicking/

        Daily Guide news story, "NDC Outdoors $20m Office Building", June 23, 2014, sourced from: http://www.dailyguideghana.com/ndc-outdoors-20m-office-building/

        Interview with Senior Election Official with Ghana's Electoral Commission who requested anonymity, August 31st, 2014

        Reviewer's sources: Kwesi Anin, Sampson B. Kwarkye, and John Pokoo, A Case Study of Ghana in Getting Smart and Scaling Up: The Impact of Organized Crime on Governance in Developing Countries, June 2013, sourced from http://cic.nyu.edu/sites/default/files/kavanaghcrimedevelopingcountriesghana_study.pdf, accessed Nov 1, 2014.

        Phone interview with senior Election Commission Official, October 31, Anonymity requested.

        Report of the Commonwealth Observer Group, Ghana's Presidential and Parliamentary Elections, December 7, 2012, Sourced from http://thecommonwealth.org/sites/default/files/news-items/documents/121207.pdf, Accessed Nov 2, 2104.

        Phone Interview with Dr. Ransford Edward Van Gyampo, Research Fellow, Institute of Economic Affairs, Nov. 10, 2014

        Phone Interview with Mary Addah, Program Manager, Ghana Integrity Initiative, Nov. 10, 2014.

        The names of anonymous sources are known to Global Integrity and Global Integrity has agreed not to disclose them.

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    Reporting and Public Disclosure

    More about category
    composite
    28
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      Reporting Requirements to the Oversight Entity
      More about category
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        21
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        MODERATE
        In law, political parties and individual candidates report itemized contributions and expenditures both during and outside electoral campaign periods.More about indicator

        In Ghana, both the 1992 Constitution and the Political Parties Law, Act 574 requires political parties to report on itemized sources of revenues and expenditure both during and outside of electoral campaigns. The laws are silent on individual or independent candidates. However, the expectation is that individual candidate contesting on a party platform (as a president or member of parliament) report through their parties and not directly to the election management body. There are also no law, whether constitutional or legislative instruments, that indicate that individual or independent candidates are regulated under Act 574 (i.e political parties law).

        According to experts interviewed for this research, the Act 574 is binding to registered political parties and not individuals. While there is no law specifically asking independent candidate to submit reports after elections, in practice, however, they do report on their campaign finances. It is understood that independent candidates are treated as 'parties' and therefore are required to submit reports.

        Section 21, subsectionsii, iii and iv of the political parties law, Act 574 requires parties to report on itemized revenues, including contributions from members and other sources as required by the law. However, although Section 21 of the Act, does not clearly require parties to report on itemized expenditure regarding annual report, sub-section 2 of Section 14 of the Act requires political parties to report on all expenditure incurred during elections. the sub-section reads "A political party shall, within six months after a general or by-election in which it has participated,. submit to the Commission a detailed statement in such form as the Commission may direct of all expenditure incurred for that election".

        Article 55, Clause 14 (a) requires parties "to declare to the public their revenues and assets and the sources of those revenues and assets". Furthermore, the Political Parties Law, Act 574 requires parties to declare Assets, Liabilities and Expenditure in Relation to Elections. In Section 14 sub section 1, the Act requires that "a political party shall, within twenty-one days before a general election, submit to the Commission a statement of its assets and liabilities in such form as the Commission may direct" and in sub-section 2 the act states that " a political party shall, within six months after a general or by-election in which it has participated, submit to the Commission a detailed statement in such form as the Commission may direct of all expenditure incurred for that election". In Section 21 of Act 574, political parties are required to file returns and accounts within six months from 31st December of each year by detailing the following:

        (i) the state of its accounts (ii) the sources of its funds (iii) membership dues paid (iv) contributions or donations in cash or kind (v) the properties of the party and time of acquisition (vi) such other particulars as the Commission may reasonably require,

        Scoring Criteria

        A YES score is earned where political parties and individual candidates are required to report itemized contributions and expenditures to the oversight authority, both during and outside electoral campaign periods.

        A MODERATE score is earned where: 1) the requirement applies for itemized contributions, but not for itemized expenditures, or 2) it applies only during the electoral campaign but not outside it. A MODERATE score is also earned where the requirement exists, but it only applies to one actor (whether political parties and individual candidates).

        A NO score is earned where no such law exists.

        Sources

        1992 Constitution, Article 55, Clause 14 (a), promulgated in 1992 http://www.judicial.gov.gh/constitution/chapter/chap_1.htm

        Political Parties Law, Act 574, Section 14, subsections 1 and 2; Section 21 subsection 1, passed in 2000 http://ec.gov.gh/page.php?page=422&section=45&typ=1

        Interview with a Senior Election Administrator (Anonymous) with Ghana's Electoral Commission. Interviewed conducted via Email on August 25, 2014

        Victor Brobbey, Legal and Governance Expert, and a Law Professor at Ghana Institute of Management and Public Administration (GIMPA), Accra. Email interview conducted on August 31st, 2014

        The names of anonymous sources are known to Global Integrity and Global Integrity has agreed not to disclose them.

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        MODERATE
        In law, political parties and individual candidates are required to report their financial information on a monthly basis during the electoral campaign.More about indicator

        There is no law that exists mandating political parties and/ individuals (independent candidates) to report monthly on financial information during electoral season. While the Political Parties Law, Act 574 requires parties to provide accounting on election campaign, these requirements are made prior to and after elections. Act 574, Section 14, subsection 1 requires that "a political party shall, within twenty-one days before a general election, submit to the Commission a statement of its assets and liabilities in such form as the Commission may direct" and in sub-section 2 of the same Section in the same Act, political parties shall, "within six months after a general or by-election in which it has participated, submit to the Commission a detailed statement in such form as the Commission may direct of all expenditure incurred for that election".

        There is no specified period/length for campaign period in any of the existing laws on elections campaigns in Ghana. While this is not clearly stated in law, it is assumed that election campaign should 'officially' begins when the election management body issue a 'writ of election' leading to a publication of a 'notice of election', and thus marking the start of filing of nominations. The issue of a 'writ of election', according to the Electoral Commission Constitutional Instrument (CI) 75, section 2, subsection b(i) shall take place not less than 30 days or more than 90 days on the day of public elections, which is statutorily stated as December 7. Thus, election campaign can be between a month or three months to election day.

        Scoring Criteria

        A YES score is earned where political parties and individual candidates must report monthly their financial information to the oversight authority during the electoral campaign.

        A MODERATE score is earned where the requirement exists on a quarterly basis. A MODERATE score is also earned where the requirement only applies to one actor (whether political parties or individual candidates).

        A NO score is earned where no such law exists.

        Sources

        Ghana's Political Parties Law, Act 574,, Section 14, passed in 2000 http://ec.gov.gh/page.php?page=422&section=45&typ=1

        Constitutional Instrument (75), Section 2, Subsection b (i), Gazetted 14th August, 2012; Url sourced on August 30th from: http://aceproject.org/ero-en/regions/africa/GH/ghana-public-elections-regulations-2012-c.i.-75/view

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        23
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        MODERATE
        In law, political parties and individual candidates are required to report their financial information on a quarterly basis outside of electoral campaign periods.More about indicator

        In Ghana, the Political Parties Law, Act 574 requires parties to report yearly on their financial information to the Electoral Commission. Specifically, Section 21 of Act 574, political parties are required to file returns and accounts within six months from 31st December of each year.


        Peer Reviewer comment: Agree. While there is legislation requiring public officials (included elected officials) to declare their assets and liabilities, these requirements seem primarily intended to provide a means for verifying whether individuals abuse their positions to acquire unexplained assets during their time in office. Individuals are required to submit their declarations to the Auditor-General and to update them every four years. However, the records are kept under seal unless required as evidence in a court, before a commission of inquiry or by the Commission on Human Rights and Administrative Justice. And of course, these regulations only apply to successful candidates.

        Scoring Criteria

        A YES score is earned where political parties and individual candidates must report quarterly their financial information to the oversight authority outside of electoral campaign periods.

        A MODERATE score is earned where the requirement exists on a yearly basis. A MODERATE score is also earned where the requirement only applies to one actor (whether political parties or individual candidates).

        A NO score is earned where no such law exists.

        Sources

        Political Parties Law, Act 574, Section 21, passed in 2000; Url: http://www.ec.gov.gh/assets/file/thepoliticalparties_law.pdf

        Reviewer's sources: Constitution of the Republic of Ghana, Article 286. http://www.judicial.gov.gh/constitution/chapter/chap_1.htm

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        25
        In practice, to what extent do political parties and individual candidates report itemized financial information monthly?More about indicator

        While the political parties laws (Act 574) require parties to file yearly accounting reports (section 21) and post election report within six months after general election (section 14), in practice, parties do not abide by this provision in a timely way; some parties, including major ones, do not even meet this requirement.

        In 2011, the General Secretary of a ruling party, the National Democratic Congress (NDC), claimed that the party's inability to fulfill the legal requirements to submit annual audited accounts was due to its inability to hire an auditor to prepare the party's accounts. The party had been unable to submit an audited accounts since 2007 at the time of this news report.

        Independent candidates are not reporting on their election expenses.


        Peer Reviewer comment: Agree. In terms of post election reports, the few reports that are submitted are of poor quality. As a result, in the words of one source "You do not need an auditor to tell you that they are rubbish."

        In the lead up to the elections, a presidential candidate who eventually received less than one (1) percent of the vote voluntarily released financial information about this campaign expenditures and his own assets and liabilities. The media covered the release but did not investigate the records further. In addition, this spontaneous action did not spur similar steps from other parties/candidates.

        Scoring Criteria

        A 100 score is earned where: 1) political parties and individual candidates report on their financial information monthly, and 2) the reports include both itemized contributions and itemized expenditures.

        A 50 score is earned where: 1) the reports are occasionally general rather than itemized or don't contain all accounts, or 2) the reporting frequency is quarterly.

        A 0 score is earned where: 1) political parties and individual candidates rarely or never file reports, 2) the reports are filed but are rarely or never itemized or refer only to either contributions or expenditures, or 3) the reporting frequency is less than quarterly.

        Sources

        Interview with Senior Electoral Official with Ghana's Electoral Commission who requested anonymity, email interview on August 31st, 2014

        Interview with Kojo Asante, Legal and Governance expert, Email interview on August 31st, 2014

        News report: "NDC has no money to hire accountant, auditor to prepare reports - Asiedu Nketia", sourced from Myjoyonline, August 13, 2011: http://politics.myjoyonline.com/pages/news/201109/72850.php

        Researcher request for information, to the Electoral Commission. Official request on September 9th. Request was achknowdeged after one month, but no information has been provided as of October 22, 2014.

        Interview with Joseph Bomfeh, a candidate for the 2012 general elections, contested on the ticket of Convention People Party. Interview conducted on October 9, 2014

        Reviewer's sources:

        News Article: Nduom Declares Assets, Campaign Funds, Depends Frontiers of Transparency, Ghana News Agency, December 5, 2012, Sourced from: http://ghananewsagency.org/politics/nduom-declares-assets-campaignfunds-deepens-frontiers-of-transparency--53401, Accessed Nov. 2, 2014

        Phone interview with senior official of the Election Commission, October 31, anonymity requested. The names of anonymous sources are known to Global Integrity and Global Integrity has agreed not to disclose them.

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        25
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        25
        In practice, to what extent do financial reports by political parties and individual candidates include all types of contributions?More about indicator

        The financial reports provided by political parties are simple audited accounts. The parties decide what information to include or not, and the Electoral Commission does not have the means to verify what is reported. The Electoral Commission, as pointed out by a senior electoral officer, "is not even motivated to verify what has been reported". Based on general observations and public perceptions, political parties hardly include all types of contributions in their reports. An interviewed former candidate suggests that in practice there is very little mention of other contributsions apart from dues and fundraising activities.


        Peer Reviewer comment: Agree. As indicated above, the few reports that are submitted are of poor quality. As a result, in the words of one source "You do not need an auditor to tell you that they are rubbish."

        In the lead up to the elections, a presidential candidate who eventually received less than one (1) percent of the vote voluntarily released financial information about this campaign expenditures and his own assets and liabilities. The media covered the release but did not investigate the records further. In addition, this spontaneous action did not spur similar steps from other parties/candidates.

        News Article: Nduom Declares Assets, Campaign Funds, Depends Frontiers of Transparency, Ghana News Agency, December 5, 2012, Sourced from: http://ghananewsagency.org/politics/nduom-declares-assets-campaign-funds-deepens-frontiers-of-transparency--53401, Accessed Nov. 2, 2014.

        Phone interview with senior official of the Election Commission, October 31, anonymity requested.

        Scoring Criteria

        A 100 score is earned where: 1) reports include an itemized list of all contributions indicating their type (in-kind, cash where allowed, etc.) and amount (estimated value for in-kind contributions), and 2) contain donors' names and addresses (or other personal identifier).

        A 50 score is earned where only one of the two conditions listed in the 100 criteria is met.

        A 0 score is earned where neither condition is met.

        Sources

        Interview with Senior Electoral Official with Ghana's Electoral Commission who requested anonymity, email interview on August 31st, 2014

        Interview with Kojo Asante, Legal and Governance expert, email interview, August 31st, 2014

        News story on Myjoyonline, "Investigate lavish spending by NDC, NPP - CODEO", March 26, 2013, sourced from: http://politics.myjoyonline.com/pages/news/201303/103424.php

        Researcher request for information, to the Electoral Commission. Official request on September 9th. Request was achknowdeged after one month, but no information has been provided as of October 22, 2014.

        Interview with Joseph Bomfeh, a candidate for the 2012 general elections, contested on the ticket of Convention People Party. Interview conducted on October 9, 2014

        The names of anonymous sources are known to Global Integrity and Global Integrity has agreed not to disclose them.

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      Availability of Electoral Campaigns' Financial Information to the Public
      More about category
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        26
        Score
        MODERATE
        In law, financial information from political parties and individual candidates must be available to the public.More about indicator

        Ghana's 1992 Constitution requires political parties to publish an annual audited accounts. The Constitution in Article 55, Clause 14, Sections a and b requires parties " to declare to the public their revenues and assets and the sources of those revenues and assets; and "to publish to the public annually their audited accounts" respectively. The provisions do also specify the timelines for publishing these audited reports. These provisions in the Constitution apply to political parties and not individuals; there is no law specifically mandating individual and/or independent candidates to publish annual audited accounts.

        Section 21, subsection 2 of the political parties law, Act 574, allows for citizens to request from the Electoral Commission, upon payment of a fee copied of these annual filed accounts submitted to the election management body. The provision states "any person may, on payment of a fee determined by the Commission, inspect or obtain copies of the returns and audited accounts of a political party filed with the Commission under this section."

        There is no similar provision for Section 14 which deals with pre and post election reports.

        Act 574, Section 14, subsection 1 requires that "a political party shall, within twenty-one days before a general election, submit to the Commission a statement of its assets and liabilities in such form as the Commission may direct" and in sub-section 2 of the same Section in the same Act, political parties shall, "within six months after a general or by-election in which it has participated, submit to the Commission a detailed statement in such form as the Commission may direct of all expenditure incurred for that election".

        Scoring Criteria

        A YES score is earned where in law financial information of political parties and individual candidates must be made available to the public, whether online or digitally within two days of request.

        A MODERATE score is earned where financial information must be made available to the public, but no requirement exists regarding cost, format or number of days within which it must be made available.

        A NO score is earned where no such law exists.

        Sources

        1992 Constitution of Ghana, Article 55 Clause 14, Sections a and b, promulgated in 1992 http://www.judicial.gov.gh/constitution/chapter/chap_1.htm

        Political Parties Law, Act 574, Section 21, subsection 2, passed in 2000 http://ec.gov.gh/page.php?page=422&section=45&typ=1

        Kojo Asante, legal and governance expert. Email interview conducted on August 31st, 2014

        Victor Brobbey, Legal and Governance Expert, and a Law Professor at Ghana Institute of Management and Public Administration (GIMPA), Accra. Email interview conducted on August 31st, 2014

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        0
        In practice, to what extent can citizens easily access the financial information of all political parties and individual candidates?More about indicator

        By Ghana's political parties law (Act 574), copies of the accounts returns filed by political parties to the Electoral Commission may be accessed by citizens upon making a request and paying fee. The returns filed by parties are not freely and electronically downloaded. The information of accounts filed by parties is not made public online or in published material. One can only access it upon request to the commission, making a compelling reason and upon paying a fee. A senior election official indicates that there is record that the Electoral Commission has in the past responded positively on some request, particularly for student researchers, but the process takes time for approval.

        The researcher made an initial request for such reports in July, and followed up with an official letter of request on September 9th, and as of October 22nd, no information was forthcoming. The researcher was told this process may take some time, perhaps up to three months, for the administrative process. If the request is approved, the reports would be made available for a fee. Parties do not directly share this information either.


        Peer Reviewer comment: Agree. There is little if any evidence to suggest that civil society or the media have attempted to access party finance records. This may be due to a lack of awareness about the legal provisions and/or the general sense that since few parties do submit their financial reports, there is little point in requesting the information from the Election Commission.

        Scoring Criteria

        A 100 score is earned where: 1) all relevant financial information is freely available online, 2) it can be obtained digitally within two days of requesting it, and 3) it is in a machine readable format (for example in csv or xml format).

        A 50 score is earned where: 1) information is available but in some cases is incomplete or lacking detail, 2) obtaining complete information takes up to a month, or 3) it's not necessarily digital or in machine readable format.

        A 0 score is earned where: 1) the information is not publicly available, or 2) obtaining it takes more than three months, or 3) the cost of obtaining it is prohibitive for the regular citizen.

        Sources

        Interview/Inquiry with a Senior Official in operations at Ghana's Electoral Commission who requested anonymity. Interview conducted on July 29th, 2014

        Interview with Senior Official in the Research Department at Ghana's Electoral Commission who requested anonymity. Interview conducted on July 29th, 2014

        Researcher request for paties' reports to the Electoral Commission. Official request on September 9th. Request was achknowdeged after one month, but no information has been provided as of October 22, 2014.

        Ghana Political Party Law (Act 574); enacted in 2000; Section 21 (2); UrL: http://www.ec.gov.gh/assets/file/thepoliticalparties_law.pdf

        Reviewer's sources: Phone interview with senior Election Commission official, October 31, 2014. Anonymity requested.

        Phone interview with Dr. Ransford Edward Van Gyampo, Research Fellow, Institute of Economic Affairs, Nov 10, 2014.

        Phone interview with Mary Addah, Program Manager, Ghana Integrity Initiative, Nov. 10, 2014.

        The names of anonymous sources are known to Global Integrity and Global Integrity has agreed not to disclose them.

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        28
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        In practice, to what extent is financial information published in a standardized format?More about indicator

        The political parties law, Act 574, requires that political parties report on their accounts based on stated line items. Section 13 (1) of the Act requires that states that parties declare their state of accounts detailing all assets and expenditure including contributions or donations in cash or in kind. This thus requires a certain standard of reporting. In general, it appears parties do conform to this standard. Because the political parties law refer specifically to parties and not individuals, accounts presented do not take into account individual candidate income and expenditure.

        However, as detailed in #27, the researcher's repeated requests to access such information, both through the Electoral Commission and directly from Parties, has been unsuccessful.


        Peer Reviewer comment: Agree - The Election Commission does not publish financial information, nor do the parties.

        Scoring Criteria

        A 100 score is earned where financial information for all political parties and individual candidates is available to the public in a standardized format.

        A 50 score is earned where only part of the information is published in a standardized format. A 50 score is also earned where the information is standardized, but it doesn't cover all political parties and individual candidates.

        A 0 score is earned where financial information is not available in a standardized format.

        Sources

        Interview with a Senior Official of the Electoral Commission who requested anonymity, email interview, August 31st, 2014

        Interview with Kojo Asante, Legal and Governance expert, email interview, August 31st, 2014

        Researcher request for paties' reports to the Electoral Commission. Official request on September 9th. Request was achknowdeged after one month, but no information has been provided as of October 22, 2014.

        Ghana Political Parties Law, Act 574, passed in 2000 http://www.ec.gov.gh/assets/file/thepoliticalparties_law.pdf

        The names of anonymous sources are known to Global Integrity and Global Integrity has agreed not to disclose them.

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        29
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        0
        In practice, to what extent do mainstream journalism media outlets use political finance data in their reporting?More about indicator

        The use of political finance data in media reporting and analysis is weak in Ghana. First, the culture of investigative journalism in Ghana is a growing phenomena; and media effort to access data from the election management body has not been the best. It is not so clear why this is so. There is hardly in depth media analysis and use of official financial reports from political parties to do reporting. At best, media reporting has been superficial and lack depth.

        While mainstream media do cover party finance issues (sometimes referencing estimated levels of expenditure and assets/equipment that parties are alleged to have acquired) their sources and methods for calculation are unclear. For instance, media reports have estimated the value of a new party office building at $20 million but it is unclear what the estimate is based on. Similarly, another media report estimated the level of campaign spending in the lead up to 2012 elections at GHC 549 million without providing a full justification of the methods or source used to calculate that number.

        In other instances, data is cited from government records (public or leaked) or other sources to raise concerns about corruption in government and possible links to political finance. This data often has more credence but the link to party finance is often alleged rather than proven. A recent example involves concerns about payments from the Ghana Youth Employment and Entrepreneurial Development Agency. While it is clear that funds were not properly managed, it is unclear what the links to party finance practices may have been. Similarly, investigations continue into potentially unjustified payments for abrogation of government contracts. One of the beneficiaries of these payments is alleged to be a contributor to the ruling party.

        Scoring Criteria

        A 100 score is earned where at least three independent mainstream journalism media outlets have used officially published political party or individual candidate financial information as part of their reporting.

        A 50 score is earned where one independent mainstream journalism media outlet has used officially published financial information as part of its reporting.

        A 0 score is earned where no mainstream journalism media outlet has used officially published financial information as part of its reporting.

        Sources

        Interview with Kojo Asante, Legal and Governance expert, email interview, on August 31st, 2014

        Researcher's review of local publications and online media, August and September, 2014.

        News Article: Parties blow GHC549 million on Adverts and Gifts, The Finder, Nov. 27, 2012, Sourced from: http://www.ghanaweb.com/GhanaHomePage/NewsArchive/artikel.php?ID=257702, Accessed Nov 2, 2012.

        News Article: The Wizard of Accra, Africa Confidential, Vol. 55, No. 3, February 7, 2014

        News Article: I'll Not Disclose Cost of New NDC Headquarters — Asiedu Nketiia, Daily Graphic, October 2014, Sourced From: http://graphic.com.gh/news/politics/32278-i-ll-not-disclose-cost-of-new-ndc-headquarters-asiedu-nketia-photos.html#sthash.2H51jdPx.dpuf, October 31, 2014.

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        30
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        75
        In practice, to what extent were there no news reports or other documented incidents of violation or abuse of political finance laws?More about indicator

        Although, there is suspicion that some or all of Ghana's registered political parties are not strictly conforming to the political parties law, Act 574, and that in practice some or all parties may have violated some aspects of the law, media reportage and documentation of such violations have been lacking. In the most recent (2012) Ghanaian general elections, there was only one incident in which a suspected violation of the law was reported in the media.

        In the lead up to the 2012 general elections, allegations arose that a Chinese Company, which had been awarded a public contract by the ruling government of the National Democratic Congress (NDC), had given funds to the NDC party. This story was carried out by several media establishments, both print and electronic. Although, the NDC denied the delegation, there was strong suspicion that the allegation was credible, and if it was then it could have been a violation of Act 574. However, because this incident was not investigated by the oversight authority, it was not officially reported on as an incident of violation of Act 574.


        Peer Reviewer comment: Disagree, suggests a score of 25. My sources indicate that reports are either submitted either late or not at all and that those that are submitted do not have accurate information. As noted in #19, In addition to raising funding within the borders of Ghana, political parties raise funds among the diaspora community in the United States and a number of European countries. In the absence of effective reporting, it is difficult to ascertain how significant these sources are. As noted in #20, Ghanaian law places only a few restriction on funding sources and does not restrict spending: the regulatory framework for campaign finance is quite permissive.

        Given that the few party finance regulations are unenforced, undeniable evidence of violations is hard to find. In a vibrant media landscape, there are significant variations in the quality of media reports. The result is that in the media, there are frequent allegations of finance practices that are either illegal or illegitimate but little conclusive evidence exists. These include concerns about abuse of state resources and the potential influence of drug money. Many Ghanaians seem to know someone who has seen or heard evidence of something or other but indepently verified, conclusive evidence is hard to find given poor reporting and relatively few investigations of the various allegations. For instance, as indicated elsewhere in this report, parties do not regularly file their financial reports. The reports that are filed are not readily available to the public but the limited number of individuals who have seen them suggest that the records are inconsistent with the general level of campaign expenditures that can be observed during elections.

        See questions 6 and 50 for additional information.

        Scoring Criteria

        A 100 score is earned where there were no news reports or other documented incidents of violation or abuse of political finance laws during the most recent national election.

        A 50 score is earned where there were news reports or other documented incidents of no more than two cases of violation or abuse of political finance laws during the most recent national election.

        A 0 score is earned where there were frequent news reports or other documented incidents of violation or abuse of political finance laws during the most recent national election.

        Sources

        News story on Myjoyonline, "Chinese company funds NDC, AFAG alleges; NDC denies", October 16, 2012, sourced from http://politics.myjoyonline.com/pages/news/201210/95621.php

        Interview with Kojo Asante, Legal and Governance expert, email interview on Augustg 31st, 2014

        Interview with Joseph Bomfeh, a candidate for the 2012 general elections, contested on the ticket of Convention People Party. Interview conducted on October 9, 2014.

        Reviewer's sources: News Article: NPP Dallas-Fort Worth Holds Fund Raising Dinner, Ghana News Agency, November 14, 2011 Sourced from http://www.ghananewsagency.org/politics/npp-dallas-fort-worth-chapter-holds-fund-raising-dinner-35622, Accessed Nov 1, 2014

        Press Release by NDC-Germany: NDC Diaspora Campaign Team Arrives in Ghana, Nov 12, 2012. Souced from ttp://www.modernghana.com/news/429339/1/ndc-diaspora-campaign-team-arrives-in-ghana.html, Accessed Nov 2, 2014

        Interview by Phone with Abigal Burgesson, Democracy, Governance and Gender Expert, October 31

        Kwesi Anin, Sampson B. Kwarkye, and John Pokoo, A Case Study of Ghana in Getting Smart and Scaling Up: The Impact of Organized Crime on Governance in Developing Countries, sourced from http://cic.nyu.edu/sites/default/files/kavanaghcrimedevelopingcountriesghana_study.pdf, accessed Nov 1, 2014.

        Phone interview with senior Election Commission Official, October 31, Anonymity requested.

        Report of the Commonwealth Observer Group, Ghana's Presidential and Parliamentary Elections, December 7, 2012, Sourced from http://thecommonwealth.org/sites/default/files/news-items/documents/121207.pdf, Accessed Nov 2, 2104.

        The names of anonymous sources are known to Global Integrity and Global Integrity has agreed not to disclose them.

        Phone Interview with Dr. Ransford Edward Van Gyampo, Research Fellow, Institute of Economic Affairs, Nov. 10, 2014

        Phone Interview with Mary Addah, Program Manager, Ghana Integrity Initiative, Nov. 10, 2014.

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        31
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        0
        In practice, to what extent were there no news reports or other documented incidents of vote-buying?More about indicator

        The incidence of vote-buying during elections has been a recurrent feature in Ghana since 1992. There has been frequent report of vote-buying, either during internal political party primaries or during national elections. Over the years, civil society groups have initiated monitoring programs to record incidence of vote-buying. During the recent 2012 general elections, a coalition of civil society organizations conducted a similar exercise and released regular monitoring reports. A final documented report was also produced at the end of the exercise. As exampels, included were reports of free petrol being distributed as part of a campaign, free tiling provided to a church, distribution of gas cylinders, jerseys, footballs, motorbikes, etc. The media has also reported and published on such incidents.

        Unlike the issue of abuse and/or misuse of state resources for partisan gains, the incidence of vote-buying affect both incumbent and opposition parties. In the 2012 polls, there were documented reports of vote-buying involving both the ruling and opposition parties. There were accusatiosn and counter accusatiosn from the parties as to which ones was engaged in vote-buying. In the case of Ghana, vote-buying involves the use of money and other essential public goods to influence intention of voters during elections.

        Scoring Criteria

        A 100 score is earned where there were no news reports or other documented incidents of vote-buying during the most recent national election.

        A 50 score is earned where there were news reports or other documented incidents of no more than two cases of vote-buying during the most recent national election.

        A 0 score is earned where there were frequent news reports or other documented incidents of vote-buying during the most recent national election.

        Sources

        Interview with Kojo Asante, Legal and Governance expert; a member of the advisory body on a project to monitor abuse of incumbency in Ghana's 2012 Elections; email interview, August 31st, 2014

        News story, "Nana Addo in vote buying; Mahama in abuse of incumbency - Report", Nov 2, 2012, sourced from: http://www.ghanaweb.com/GhanaHomePage/NewsArchive/artikel.php?ID=255154

        News story, " NDC is buying votes – J.A Kufuor", Nov. 12, 2012, sourced from: http://www.africanelections.org/ghana/news_detail.php?nws=6889&t=NDC%20is%20buying%20votes%20%E2%80%93%20J.A%20Kufuor

        Monitoring Abuse of Incumbency in Ghana's 2012 Elections Final Report, February 2012-January 2013'. Documented Report produced by CSO Coalition (Ghana Integrity Initiative (GII), Ghana Anti-Corruption Coalition (GACC) and Ghana Center for Democratic Development (CDD-Ghana), July, 2013; Url: http://www.tighana.org/giipages/publication/Final%20Report%20on%20Abuse%20of%20Incumbencyin%20the%202012%20Elections.pdf

        News story on Ghanaweb, "Political Analyst condemns vote buying in Ghana"; Feb 13, 2012, sourced from: http://www.ghanaweb.com/GhanaHomePage/NewsArchive/artikel.php?ID=229867

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        0
        In practice, to what extent do civil society organizations use political finance data?More about indicator

        There has not been situations and/or record of civil society organizations using official political finance data to inform advocacy. Although, civil society organizations have demonstrated concern about the lack of transparency, accountability and disclosure in campaign financing, and as well as cautioned for excessive money in politics, groups have not supported their advocacy groups with informed and empirical data such as political finance data. As one legal and governance expert indicated to the question, "almost none", when asked whether civil society groups use political finance data towards advocacy.

        CSOs have very little and/or do not seek access to political finance data; they are less procative in seeking finance data from the election management body. In the main, the bureacratic nature and delay in having access to this data from officialdom reduces the incentives for CSOs to access and use political finance data.

        It is not entirely clear why civil society organizations do not apply official political finance data to support advocacy; whether they are unable to access official data, which is likely to be the case, especially from the end of political parties, and/or whether the information are even produced by parties and submitted to the election management body. The fact of the matter is this is an issue that is rarely applied as far as documentation is concerned.

        Scoring Criteria

        A 100 score is earned where at least three civil society organizations have used officially published political party or individual candidate financial information as part of their advocacy or awareness work.

        A 50 score is earned where one civil society organization has used officially published financial information as part of its advocacy or awareness work.

        A 0 score is earned where no civil society organization has used officially published financial information as part of its work.

        Sources
        1. Interview with Kojo Asante, Legal and Governance expert; a member of the advisory body on a project to monitor abuse of incumbency in Ghana's 2012 Elections; email interview, August 31st, 2014

        2. Interview with Victor Brobbey, Legal and Governance expert; Law Professor, GIMPA, email interviewed on August 31st, 2014

        3. Interview with Paul Kwabena Aborampah, Research/Program Officer, Ghana Center for Democratic Development (CDD-Ghana) Interview conducted on September 24th, 2014

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        Open Question: Have there been political finance legal reforms or reform bills presented to the legislature in the last 10 years?More about indicator

        Over the last decade, there has not been any political finance legal reforms presented to Ghana's parliament. While there has been public discussion on state/public financing of political parties, this has not translated in any policy reform document, or any Bill submitted to parliament.

        Scoring Criteria

        Please list and describe all documented instances of: 1) political finance reforms, including bills passed, executive orders signed, court rulings and any other legal act that had a direct effect on existent political finance regulation, and 2) all legal reform attempts presented to the legislature even if they were not approved. Please describe the political context that produced the reforms or reform attempts.

        Sources

        Interview with Kojo Asante, Legal and Governance expert; a member of the advisory body on a project to monitor abuse of incumbency in Ghana's 2012 Elections; email interview, August 31st, 2014

        Interview with Victor Brobbey, Legal and Governance expert; Law Professor, GIMPA, email interview, August 31st.

        Interview with a Senior Electoral Officer (Anonymous) with Ghana's Electoral Commission, email interview, August 31st, 2014

        The names of anonymous sources are known to Global Integrity and Global Integrity has agreed not to disclose them.

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    Third Party Actors

    More about category
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      Applicability of the Law to Third-Party Actors
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        NO
        In law, third-party actors (foundations, think tanks, unions, political action committees, etc.) report itemized contributions received and expenditures to an oversight authority and the information is made publicly available.More about indicator

        There is no law requiring third party actors to report itemized contributions and expenditure to an oversight authority. The current political parties law does not make provisions for third party actors.

        Scoring Criteria

        A YES score is earned where: 1) third-party actors are required to report to the oversight authority itemized contributions received and expenditures related to their support of electoral campaigns, and 2) the information must be publicly available.

        A MODERATE score is earned where third-party actors are required to report itemized contributions received and expenditures related to their support of electoral campaigns, but the information is not required to be publicly available. A MODERATE score is also earned where regulations exist, but only apply to electoral campaigns of one actor (whether political party or individual candidate).

        A NO score is earned where no such law exists.

        Sources

        No such law exists.

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        0
        In practice, to what extent do third-party actors (foundations, think tanks, unions, political action committees, etc.) report itemized contributions received and expenditures to an oversight authority?More about indicator

        Ghana laws on campaign finance do not allow third party actors to contribute to political party finance/campaign. Accordingly in practice, there has not been any report on itemized contributions to an oversight authority, in this case Ghana's election management body. However, third party- actors, especially local think tanks and NGOs, produce annual reports stating sources of funding and expenditure to the NGO desk at the social welfare department, a government agency responsible for activities of NGOs generally.

        Third-party actors do not support political parties campaign directly either paying for adverts, funding events or supporting activities of a political party. The extent that third party actors do this is to offer platforms for all contesting political parties and/candidates to debate one another. The Institute of Economic Affairs (IEA) organized presidential debate platform for all contesing parties; the Ghana Center for Democratic Development organized platforms for all parliamentary candidates in selected constituences during the 2012 general elections. Both organizations are non-partisan, non-governmental organizations, and not for profit organizations. There is no prohibition for such activities that benefit all parties and not one; and so long as they are organized by Ghanaian registered organizations. These groups produce annual accounts stating revenues and expendures to their funders.

        Scoring Criteria

        A 100 score is earned where all third-party actors report to an oversight authority both itemized contributions received and itemized expenditures.

        A 50 score is earned where third-party actors report to an oversight authority either itemized contributions received or expenditures, but not both. A 50 score is also earned where the reports refer only to one type of third-party actor, but do not cover others.

        A 0 score is earned where third-party actors rarely or never report itemized contributions received or expenditures.

        Sources
        1. Interview with a Senior Electoral Officer (Anonymous), Ghana's Electoral Commission, August 31st, 2014

        2. Interview with Kojo Asante, Legal and Governance expert, email interview, August 31st, 2014

        3. Researcher's personal knowledge as someone who works with a local research think tank

        The names of anonymous sources are known to Global Integrity and Global Integrity has agreed not to disclose them.

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        0
        In practice, to what extent can journalists and citizens easily access the financial information of third party actors, including the political spending of those actors in support of political parties and individual candidates?More about indicator

        The laws of Ghana do not allow third party actors to financially contribute or spend on campaigns of political parties. Thus, in practice, third party actors do no directly finance political parties and/or individuals. It is thus difficult to ascertain how easy or difficult for journalists and/or citizens to access the financial information of these third party actors.

        Some politically active informal groups exist. They mainly spring up during election years and when parties are going for internal primaries. However, for the most part, they are appendages of the candidates. They are privately created and funded by candidates. They do not report on contributions because they are not required to, and their financial information is not made publicly available.

        Scoring Criteria

        A 100 score is earned where: 1) all relevant financial information is freely available online or in hard copy at the cost of photocopying, 2) it can be obtained within two days of requesting it, and 3) it is in a machine readable format (for example in csv or xml format).

        A 50 score is earned where: 1) information is available but in some cases is incomplete or lacking detail, 2) obtaining complete information takes up to a month, or 3) it's not necessarily in machine readable format.

        A 0 score is earned where: 1) the information is not publicly available, or 2) obtaining it takes more than three months, or 3) the cost of obtaining it is prohibitive for the regular citizen.

        Sources
        1. Interview with a Senior Electoral Officer (Anonymous), Ghana's Electoral Commission, August 31st, 2014

        2. Interview with Kojo Asante, Legal and Governance expert, email interview, August 31st, 2014

        3. Researcher's personal knowledge as someone who works with a local research think tank

        The names of anonymous sources are known to Global Integrity and Global Integrity has agreed not to disclose them.

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        --
        Open Question: Please describe how third party-actors (even if they are not regulated by your country's laws) obtain contributions and spend in support of political parties and/or individual candidates.More about indicator

        As indicated in the previous questions, there are no specific laws that regulate how third party actors (local or foreign) finance political parties campaigns. And indeed, in practice these third party actors do not directly support (financially) political parties and/or candidates in their campaigns. In Ghana, there are foundations (mostly German) that do work to support certain political parties and there are NGOs, think tanks both local and foreign whose work no local foundations. These political third party actors have as their broad objective support for Ghana's democratization and democratic development.

        They, the local ones, receive their funding from international donors and developmental partners. For the local ones, they file accounting returns to their respective donors and their annual audited accounts are submitted to Social Welfare department, a government agency. For the foreign ones, particularly the few German foundations, such as the Friedrich Naumann Foundation and the Friedrich Ebert Stiftung, they do not necessarily declare accounts in Ghana and for that there is limited disclosure of their activities directly with political parties. As a legal and governance expert puts it is difficult to access financial spending as "no disclosure requirements on donors [is required]"

        The work of these third party actors do not go to influence campaigns of political parties. However, during election period, some of these local think tanks, like the Institute of Economic Affairs (IEA), and the Ghana Center for Democratic Development (CDD-Ghana) create platforms for parties and candidates to debate one another. The IEA, for instance, has been organizing presidential candidates debates since 2004. This platform is opened to all contesting candidates. Similarly CDD-Ghana has been organizing platforms for aspiring parliamentary candidates in selected constituencies since 2004. These platforms have become one of the critical stages where third party actors have indirectly supported political parties and candidates. These activities are normally linked to broad program and agenda to support strengthening electoral democracy and democratic development in Ghana. These kinds of support activities are permitted under the laws of Ghana and therefore do not constitute violations of political/campaign finance laws.

        Unions, in this case, do not apply in the Ghanaian context. The umbrella union in Ghana is called the Trades Union Congress (TUC) and per its principles is apolitical; they have not attempted or been involved to influence election outcomes with direct or indirect support to a political party. To be sure, recognized and credible third party actors (NGOs, think tanks, Unions, International Foundations, etc,)in Ghana are mostly apolitical and do not directly or indirectly contribute to one political party as against the other; they don't spend to support political parties and/or individual candidates.


        Peer Reviewer comment: Agree. Third party actors are not a significant feature of Ghanaian politics. However, traditional authorities, some think tanks and semi-formal support groups do mobilize support and funds for candidates and contridbute funds to campaigns. As indicated above, traditional authorities do not fit the usual definition of third party actors. However in parts of the country, traditional authorities wield significant influence in shaping public opinion and there are reports of some engaging in partisan activity by attempting to mobilize votes in favor of one party or another. Under the constitution, traditional authorities/chiefs are prohibited from engaging in partisan activities.

        The largest parties have diaspora groups/branches that are located outside Ghana and make various contributions. Some of these branches are quite formally structured and hold elections for leadership structures. In the absence of proper financial reporting, it is difficult to weigh the significance of their contributions.

        In addition, various informal groups emerge around individual candidates. In some cases, these are intra-party factions. In others, they are loosely formed support groups. These groups do not appear to have legal status and their prominence/influence varies. They contribute to campaigns by sponsoring/hosting fundraising activities, directly contribute funds or in-kind resources (e.g. transportation costs) to candidates. Examples include Friends of Nana Kondadu Rawlings and Friend of Nana Akuffo Addo.

        Scoring Criteria

        To answer this question please: 1) list the types of third-party actors that exist in your country and describe how they work to influence campaigns, 2) explain how important such actors are or not in the context of campaigns, including whether their expenditures are substantial in relation to that of political parties and individual candidates, and 3) if documented evidence indicates they circumvent laws intended to regulate political finance, please explain how and include references to the evidence.

        Sources
        1. News story by Issah Allahassan, "Ghana: CDD to Organize Parliamentary Debates", sourced on August 31st, 2014 from http://allafrica.com/stories/201211080419.html

        2. Daily Guide news story, "IEA to organize 3 presidential debates", sourced on August 31st, 2014 from http://www.modernghana.com/news/391531/1/iea-to-organize-3-presidential-debates.html

        3. Interview with Kojo Asante, Legal and Governance expert, email interview, August 31st, 2014

        Reviewer's sources: Phone Interview with Abigail Burgesson, Oct. 31, 2014

        News Story: FONKAR Pledges to Work to Ensure NDC Victory, Ghana News Agency, Oct. 9, 2012, http://www.modernghana.com/news/422916/1/fonkar-pledges-to-work-to-ensure-ndcs-victory.html, Accessed Nov. 2, 2014

        Report of the Commonwealth Observer Group, Ghana Presidential and Parliamentary Elections, 7 December 2012, Sourced from: http://thecommonwealth.org/sites/default/files/news-items/documents/121207.pdf, accessed Nov 2, 2014

        News Story: NPP Dallas-Fort Worth Chapter Holds Fund-raising Dinner, Ghana News Agency, Sourced from: http://www.modernghana.com/news/360842/1/npp-dallas-fort-worth-chapter-holds-fund-raising-d.html?utmsource=twitterfeed&utmmedium=twitter, Accessed Nov. 2, 2014

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    Monitoring and Enforcement

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      Monitoring Capabilities
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        38
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        YES
        In law, political finance information is monitored by an independent oversight authority.More about indicator

        In Ghana, the Election Management Body, Ghana's Electoral Commission, is mandated to monitor and investigate, including auditing the financial information of political parties. The law is specific to political parties and silent on individual or independent candidates. Section 21, subsection 3 of Act 574 (the political parties law) states "the Commission may at any time upon reasonable grounds order the accounts of a political party to be audited by an auditor appointed by the Commission whose fees and expenses shall be paid by the Commission and also request the political party to file with the Commission the audited accounts at a time to be specified by the Commission." Furthermore, section 22, subsection 1 states, "the Commission may by writing upon stated grounds request an executive officer of a political party to furnish for inspection by the Commission records of the party or such other information as is reasonably required by the commission to enable it ensure that the provisions of this Act are complied with."

        The Electoral Commission is an independent body and its powers and authority are guaranteed by the the law establishing the Commission, Act 451 and the 1992 Constitution. For example, Article 46 of the 1992 Constitution provides that "Except as provided in this Constitution or in any other law not inconsistent with this Constitution, in the performance of its functions, the Electoral Commission, shall not be subject to the direction or control of any person or authority".

        Scoring Criteria

        A YES score is earned where: 1) an independent oversight authority is mandated to monitor political finance information, and 2) the authority has investigation and audit powers.

        A MODERATE score is earned where the independent oversight authority is mandated to monitor political finance information, but doesn't have investigation or audit powers.

        A NO score is earned where no such law exists.

        Sources

        Political Parties Law, Act 574, Section 21, subsection 3 and Section 22, sub section 1, passed 2000 http://ec.gov.gh/page.php?page=422&section=45&typ=1

        The Electoral Commission Law, Act 451, passed 1993 See link: http://www.ec.gov.gh/assets/file/establishmentofelectoral_commision.pdf

        1992 Constitution of Ghana, Article 46, promulgated 1992 http://www.judicial.gov.gh/constitution/chapter/chap_1.htm

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        39
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        MODERATE
        In law, high-level appointments to the oversight authority are based on merit.More about indicator

        By law, the appointment processes to the leadership of Ghana's Electoral Commission (i.e Chairperson and his/her two deputies, and four other members) are enshrined in the 1992 Constitution. The provisions for appointing a member of the Electoral Commission as enshrined in Article 94 are that persons appointed are forbidden from holding any other public office. Article 44 Clause 4 of the Constitution clearly provides "The Chairman and the two Deputy Chairmen of the commission shall not, while they hold office on the Commission, hold any other public office". Furthermore, Clause 2 and 3 of Article 44 respectively states that " the Chairman of the Electoral Commission shall have the same terms and conditions of service as a Justice of the Court of Appeal" and "the two Deputy Chairman of the Commission shall have the same terms and conditions of service as are applicable to a Justice of the High Court". Articles 135 and 139 of the Constitution clearly states that persons shall not be qualified for appointment as a Justice of the Court of Appeal and High Court unless they are of high moral character and proven integrity.

        The President is required to consult the Council of State on these appointments. Article 70, Clause 2 of the Constitutions states that "The President shall, acting on the advice of the Council of State appoint the Chairman, Deputy Chairmen and the other members of the Commission". There are no legal requirements for this consultations to be made public. Article 92, Clause 3 states " The Council of States shall hold its meetings in camera but may admit the public to any meetings whenever it considers it appropriate".

        Besides appointment as commissioners to the Electoral Commission, a merit-based approach is laid down in law in appointing staff and officers of the Electoral Commission. Act 451, the law establishing the Electoral Commission requires in section 8, subsection 2 that the "the appointment of officers and other employees of the Commission shall be made by the Commission acting in consultation with the Public Services Commission".

        Article 44 of the 1992 Constitution stipulates clearly that "a person is not qualified to be appointed a member of the Commission unless he is qualified to be elected as a member of Parliament". While the constitutional provision does not clearly list the qualification to be appointed as a member of the Electoral Commission, Article 94 of the 1992 Constitution lists the qualification to be elected as a member of parliament, which thus apply to a member qualified to be a member of the Electoral Commission. The qualification as a member of parliament listed under Article 94 of the Constitution includes:
        (a) a citizen of Ghana, has attained the age of twenty-one years and is a registered voter; (b) a resident in the constituency for which he stands as a candidate for election to Parliament or has resided there for a total period of not less than five years out of the ten years immediately preceding the election for which he stands, or he hails from that constituency; and (c) has paid all his taxes or made arrangements satisfactory to the appropriate authority for the payment of his taxes.

        Clause 2 of the Article states "A person shall not be qualified to be a member of Parliament if he - (a) owes allegiance to a country other than Ghana: or (b) has been adjudged or otherwise declared- (i) bankrupt under any law in force in Ghana and has not been discharged or (ii) to be of unsound mind or is detained as a criminal lunatic under any law in force in Ghana; or (c) has been convicted -(i) for high crime under this Constitution or high treason or treason or for an offence involving the security of the State, fraud, dishonesty or moral turpitude; or (ii) for any other offence punishable by death or by a sentence of not less than ten years; or (iii) for an offence relating to, or connected with election under a law in force in Ghana at any time; or (d) has been found by the report of a commission or a committee of inquiry to be incompetent to hold public office or is a person in respect of whom a commission or committee of inquiry has found that while being a public officer he acquired assets unlawfully or defrauded the State or mis-used or abused his office, or willfully acted in a manner prejudicial to the interest of the State, and the findings have not been set aside on appeal or judicial review; or (e) is under sentence of death or other sentence of imprisonment imposed on him by any court; or (f) is not qualified to be registered as a voter under any law relating to public elections; or (g) is other wise disqualified by a law in force at the time of the coming into force of this Constitution, not being inconsistent with a provision of this Constitution.

        Clause 3 further provides that a person shall not be eligible to be a member of Parliament if he - (a) is prohibited from standing election by a law in force in Ghana by reason of his holding or acting in an office the functions of which involve a responsibility for or are connected with the conduct of, an election or responsibility for, the compilation or revision of an electoral register; or (b) is a member of the Police Service, the Prisons Service, the Armed Forces, the Judicial Service, the Legal Service, the Civil Service, the Audit Service, the Parliamentary Service, the Statistical Service, the Fire Service, the Customs, Excise and Preventive Service, the Immigration Service, or the Internal Revenue Service; or (c) is a Chief.

        And clause 4 of Article 94 states that "for the purposes of paragraph (d) of clause (2) of this article, in the case of any finding made by a commission or committee of inquiry which is not a judicial or quasi-judicial commission or committee of inquiry, without prejudice to any appeal against or judicial review of that finding, the finding shall not have the effect of disqualifying a person under that paragraph unless it has been confirmed by a Government white paper.

        Scoring Criteria

        A YES score is earned where: 1) high-level appointments must be based on merit in a public appointment process; and 2) appointees must be free of conflicts of interest due to personal loyalties, family connections, political party affiliations, business partners or other biases.

        A MODERATE score is earned where high-level appointments must be based on merit in a public appointment process, but the regulations don't forbid appointments involving conflicts of interest or other biases.

        A NO score is earned where no such law exists.

        Sources

        1992 Constitution, Articles 44, 70, 92, 94, 135, 139 promulgated in 1992. UrL: http://www.politicsresources.net/docs/ghanaconst.pdf

        The Electoral Commission Law, Act 451, Section 4, subsection 1 and 2; Section 8, subsection 2, passed in 1993. Url: http://www.ec.gov.gh/assets/file/establishmentofelectoral_commision.pdf

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        50
        In practice, to what extent are high-level appointments to the oversight authority based on merit?More about indicator

        The leadership of Ghana's election management body is the oversight authority in terms of monitoring and enforcement of political/campaign finance rues. Appointment to the oversight authority is made by the President in consultation with the Council of State as stated in indicator #39. There is no public advertisement to the positions and there is no public vetting process.

        In practice, there has been very little opportunities for appointing persons to the authority due to constitutionally guaranteed secure tenure of office. The Chairman of the Election Management Body was appointed in 1993 and is still at post. Over the last two decades, not more than two replacements have been made to the 3-member executive commission; and not more than 5 made to the 4 other non-executive member commission, so it is difficult to assess the appointment process.

        In general, appointments to the most high level positions are based on merit but political patronage exists, especially with the 4-non executive position. The extent that political lobbying by party kingpins influence these appointments, not all the appointments are meritorious. Even where these persons qualify in theory, some of the appointments may be influenced by partisan interests. For example, in one of the most recent appointments as a deputy commissioner to the oversight authority, the appointed person was accused of being sympathetic to the ruling party, hence his appointment.

        The replacements that have occurred recently, in the period of this study (indeed for the executive members of the election management body; one occurred before the 2012 general elections and another in 2013) did not present any official case of conflict of interest. The two were not known party members, were not card holding members and were not in the party leadership. Similar situations surround the non-executive members. What public perception has been is that replacements of members to the election management body by ruling governments reflects people who are sympathetic to its cause. However, these people appointed are qualified and no credible evidence has been presented to suggest that the persons appointed have biases in favour of the appointing body.

        Scoring Criteria

        A 100 score is earned where: 1) there is an advertised competition and public vetting process, 2) candidates with the most merit and without conflicts of interest or other biases are appointed.

        A 50 score is earned where the public competition is usually advertised and the vetting process public, but exceptions exist. A 50 score is also earned where candidates with the most merit and without conflicts of interest or other biases are appointed but exceptions exist.

        A 0 score is earned where there's rarely or never a public competition, or appointees are rarely selected on merit or without conflicts of interest or other biases.

        Sources

        News story, "Electoral Commission gets new deputy chairman", sourced from http://politics.thinkghana.com/pages/elections/201307/60445.php on Septmeber 29, 2014

        News story, "Amadu Sulley Lobbies To Replace Afari Gyan", sourced from: http://elections.peacefmonline.com/pages/politics/201401/188009.php

        Interview with a Senior Electoral Officer (Anonymous), Ghana's Electoral Commission, Interviewed on August 31st, 2014

        E. Gyimah-Boadi, Modelling Success: Governance and Institution-building in Africa: The case of Ghana's Electoral Commission, published by The Consortium for Development Partnerships. 2008. http://www.codesria.org/IMG/pdf/CDDCDPElectoralCommissionModellingSuccess-ResearchReportBoadi_Gymah.pdf

        The names of anonymous sources are known to Global Integrity and Global Integrity has agreed not to disclose them.

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        YES
        In law, the independence of high-level appointees is guaranteed.More about indicator

        The independence of Ghana's Electoral Commission and its appointed leadership is guaranteed by law. The provision guaranteeing the independence of the appointed leadership is entrenched in the 1992 Constitution, and it secures the leadership ability to review and make decisions; provides security of tenure; and also provides due process for any disciplinary action and dismissal. Article 45 of the 1992 Constitution provides for an Act (451) that establishes the Electoral Commission and determines its functions to include the following:
        (a) compile the register of voters and revise it at such periods as may be determined by Law; (b) demarcate the electoral boundaries for both national and local government elections; (c) conduct and supervise all public elections and referenda; (d) undertake the preparation of identity cards; (e) educate the people on the electoral process and its purpose; (f) undertake programmes for the expansion of voters registration; (g)store properly election material; and (h) perform such other functions as may be prescribed by law.

        In the performance of its functions, Article 46 of the Constitution guarantees its independence by stating that "except as provided in the Constitution or in any other law not inconsistent with the Constitution, in the performance of its functions, the Electoral Commission shall not be subject to the direction or control of any person or authority".

        The security of tenure of the leadership is also guaranteed by the constitution. Article 44, clause 2 positions the Chairman of the Electoral Commission as a Justice on the Appeal Court enjoying same conditions of service. As stated in the Constitution, Clause 2 of Article 44, "the Chairman of the Commission shall have the same terms and conditions of service as a Justice of the Court of Appeal". Similarly, the two deputies of the Commission are positioned as justices of the High Court. Clause 3 of Article 44 states that " the two Deputy Chairmen of the Commission shall have the same terms and conditions of service as are applicable to a Justice of the High Court". Also, section 10 of the law establishing the Electoral Commission provides that the "administrative expenses of the Commission including salaries, allowances and persons payable to, or in respect of, persons serving with the Commission shall be charged on the Consolidated Fund".

        Once appointed the Chairman and the two Deputy Chairmen of the Commission shall hold office until the statutory retirement age and while in office they are not allowed to hold any other public office. The Constitution further secures the appointment while in office by making the appointment irrevocable. Once appointed, the leadership and members of the Electoral Commission cannot be dismissed except on grounds of infirmity or insanity after a certification by an independent medical board. Designated as members/justice of the Superior Court, they cannot be removed without due process.

        Scoring Criteria

        A YES score is earned where: 1) appointees have the authority or mandate to review cases and issue decisions, 2) the law establishes security of tenure, and 3) removal or disciplinary actions are based on due process conducted by a peer panel or independent oversight body.

        A MODERATE score is earned where appointees have the authority or mandate to review cases and issue decisions, BUT one of the second two conditions mentioned in the YES criteria is not met.

        A NO score is earned where no such law exists.

        Sources
        1. 1992 Constitution, Articles 44, 45, 46 promulgated in 1992
        2. The Electoral Commission Law, Act 451, passed in 1993
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        75
        In practice, to what extent is the independence of high-level appointees guaranteed?More about indicator

        In law, Article 46 of the 1992 Constitution guarantees the independence of these high level appointees to the election management body. The Chairman and the two deputy Chairmen have permanent tenure of office and enjoy the same conditions of service as justices of the Superior Courts.

        In practice, over the years, these high level appointees have demonstrated independence in their performance when it comes to decisions and actions. There has not been any clear case where decisions of the election management has been influenced by other executive arm of government. For instances, on two occasions in 2008 and 2012, when the presidential election results became so close, the electoral commission made its decisions without any fear of repercussions from any other branches. In practice, the Commission has the power to hire and fire staff and is not under any obligation to accept staff from any quarters. Furthermore, over the years, high level appointees have remained in office until the compulsory retirement age.

        Ghanaians generally believe that the high-level appointees to the election management body are independent and this independence is guaranteed by the Constitution. However, occasionally, some decisions made by the commission are viewed by a section of the public as being biased and having been influenced by actions from other branches of government, especially the executive. So for example, the decision as to which party won the 2012 presidential elections pronounced by the election authority was viewed by sections in the main opposition party as not being fair and favouring the incumbent, and hence took the matter to the Supreme Court for determination.

        Scoring Criteria

        A 100 score is earned where all of the following conditions are met: 1) appointees review cases and issue decisions without fear or favor from other branches of government, and 2) appointees are granted security of tenure and 3) no appointees are removed, disciplined or transferred without due process by a peer panel or independent oversight body.

        A 50 score is earned where any of the following conditions apply: 1) appointees generally operate without fear or favor from other branches of government but exceptions exist, or 2) some but not all appointees are granted security of tenure, or 3) appointees are occasionally removed, disciplined or transferred without due process by a peer panel or independent oversight body.

        A 0 score is earned where at least one of the following conditions apply: 1) appointees operate with fear or favor from other branches of government, or 2) are not granted security of tenure, or 3) are usually removed, disciplined or transferred without observing due process by a peer panel or independent oversight body.

        Sources

        Interview with Kojo Asante, Legal and Governance expert, email interview, August 31st, 2014

        News Story, "NPP Takes Election Results to Court", 29 Dec 2012, sourced from http://globalvoicesonline.org/2012/12/29/opposition-npp-takes-ghana-presidential-election-results-to-court/

        News story on BBC, "Ghana election: Opposition NPP alleges vote fraud", 9 Dec 2012, sourced from: http://www.bbc.com/news/world-africa-20660228

        E. Gyimah-Boadi, "Modelling Success: Governance and Institution-Building in Africa: The Case of Ghana's Electoral Commission", published by The Consortium for Development Partnerships. 2008. http://www.codesria.org/IMG/pdf/CDDCDPElectoralCommissionModellingSuccess-ResearchReportBoadi_Gymah.pdf

        1992 Ghana Constitution, Article 46, promulgated in 1992 http://www.judicial.gov.gh/constitution/chapter/chap_1.htm

        Electoral Commission Law, Act 451, enacted in 1993 http://www.ec.gov.gh/assets/file/establishmentofelectoral_commision.pdf

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        --
        Open Question: How does decision-making work in the oversight authority?More about indicator

        Ghana's election management body is made up of 7 members out of which 3 (the Chairperson and his/her 2 deputies) hold executive powers performing the day-to-day activities. The entire 7-member body performs the oversight role of the work of the commission. This 7-member body is the policy making body of the election management body and is responsible for all operational and administrative decisions in theory and in practice. The decisions made by the oversight authority is carried out by the implementing body, which are the career or line staff.

        Cases or issues regarding operational issues, sanctions and complaints that come before the oversight authority is resolved by simple majority. The meetings of the oversight bodies are held in camera and how (in terms of voting pattern) decisions are reached are not disclosed to the public.

        Scoring Criteria

        Please describe: 1) the composition of the decision-making body within the oversight authority, 2) the type of decisions it's allowed to make and makes in practice, and 3) in which cases majority is required. If there have been well substantiated complaints about the decision-making process being ineffective or politicized please explain.

        Sources
        1. Interview with a Senior Election Official (Anonymous) with the Electoral Commission, email interview, August 31st, 2014

        2. Interview with Kojo Asante, Legal and Governance expert, email interview, August 31st, 2014.

        E. Gyimah-Boadi, "Modelling Success: Governance and Institution-Building in Africa: The Case of Ghana's Electoral Commission", published by The Consortium for Development Partnerships. 2008. http://www.codesria.org/IMG/pdf/CDDCDPElectoralCommissionModellingSuccess-ResearchReportBoadi_Gymah.pdf

        The names of anonymous sources are known to Global Integrity and Global Integrity has agreed not to disclose them.

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        25
        In practice, to what extent does the authority have sufficient capacity to monitor political finance regulations?More about indicator

        One of the recurring criticisms leveled against Ghana's Electoral Commission is its lack of capacity to monitor political party activity, especially political/campaign finance regulations. As noted in the work of E. Gyimah-Boadi (page 5) Ghanaians "feel that the EC [Electoral Commission] lacks the capacity to rigidly enforce the electoral rules. The flagrant disregard of EC’s rules by the political parties regarding financial auditing, organizational establishments and maintenance of structures gives an impression that the EC is ineffective". Though this report was produced prior to the study period, interviewed sources confirmed the current situation warrants a similar appraisal.

        To buttress the view above, a senior official at the electoral commission had this to say " the EC does not have that much capacity to monitor, the finance department may be able to understand the report provided by the parties but to monitor all the financial activities of the parties to see whether they are doing the right things, No". The election management body has capacity deficit in terms of personnel and also budget deficit when it comes to monitoring exercise.

        Scoring Criteria

        A 100 score is earned where: 1) the authority has sufficient budget to monitor all incoming reports, and 2) it has sufficient staff to review all incoming reports.

        A 50 score is earned where: 1) the authority has insufficient budget to monitor all incoming reports, or 2) its staff can only review half of all incoming reports.

        A 0 score is earned where: 1) the authority can't fulfill most of its essential functions due to budget constraints, or 2) its staff only has the capacity to review 25% or less of all incoming reports.

        Sources
        1. Interview with a Senior Election Official (Anonymous) with the Electoral Commission, email interview, August 31st, 2014

        2. Interview with Kojo Asante, Legal and Governance expert, email interview, August 31st, 2014.

        3. Interview with Joseph Bomfeh, a candidate for the 2012 general elections, contested on the ticket of Convention People Party. Interview conducted on October 9, 2014.

        4. E. Gyimah-Boadi, "Modelling Success: Governance and Institution-Building in Africa: The Case of Ghana's Electoral Commission", published by The Consortium for Development Partnerships. 2008. http://www.codesria.org/IMG/pdf/CDDCDPElectoralCommissionModellingSuccess-ResearchReportBoadi_Gymah.pdf

        The names of anonymous sources are known to Global Integrity and Global Integrity has agreed not to disclose them.

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        0
        In practice, to what extent does the authority conduct investigations or audits when necessary?More about indicator

        To a large extent, the election management body hardly conducts investigations on submitted accounts. The best it has been doing in the past, according to a senior election official, is to record the tally of those that have submitted their audited accounts. Due to lack of capacity and budget deficit, follow up investigations are hardly conducted. As a legal and governance expert suggests, the EC hardly meets the minimum requirements of monitoring political finance regulations.

        Besides, the election management body is not motivated enough to enforce the financial disclosure laws regarding political/campaign financing. Thus, the commission concentrates on polling process rather than spending energy to monitor political finance.


        Peer Reviewer comment: Agree. It appears that the few financial reports that are submitted are given a cursory review by Commissioners or Commission staff. However, given the poor state of the reports, and issues of political will and capacity, no further review is conduted. In the words of one source "You do not need an auditor to tell you that the reports are rubbish."

        My sources gave no indication of a deeper investigations.

        Scoring Criteria

        A 100 score is earned where the authority conducted at least three investigations or audits during the most recent electoral campaign.

        A 50 score is earned where the authority conducted at least one investigation or audit during the most recent electoral campaign.

        A 0 score is earned where the authority didn't conduct any investigation or audit during the most recent electoral campaign.

        Sources

        Interview with a Senior Election Official with the Electoral Commission who requested anonymity, email interview, August 31st, 2014

        Interview with Kojo Asante, Legal and Governance expert, email interview, August 31st, 2014.

        Reviewer's sources: Phone interview with senior Election Commission Official, anonymity requested, October 31.

        Phone interview, Mary Addah, Program Manager, Ghana Integrity Intiaitive (Local Transparency International Chapter), Nov. 10, 2014

        Phone interview, Dr. Ransford Edward Van Gyampo, Research Fellow, Institute of Economic Affairs, Nov. 10, 2014

        The names of anonymous sources are known to Global Integrity and Global Integrity has agreed not to disclose them.

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        0
        In practice, to what extent does the authority publish the results of investigations or audits?More about indicator

        Ghana's Electoral Commission does not publish reports of its investigations, whether of monitoring exercise or on audit investigations. This has not been the tradition of the Commission. There is no record of the election management body publishing for public consumption results of audit investigation, even if it conducts such exercise. A senior election official suggests that the commission will not publish such information. However, if a media person makes a formal request to the commission and decides to publish the results of information so gathered, they will not have problems with it. However, there is no clear evidence of this occuring, and by self admissin, the commission will not on its own publish any information on political parties financing.

        Indeed, there are no laws that make it mandatory for the commission to publish reports of its audit investigations.

        Scoring Criteria

        A 100 score is earned where the authority publishes reports of all its investigations or audits a month or less after their conclusion.

        A 50 score is earned where reports are available to the public more than a month after the conclusion of the investigation or audit.

        A 0 score is earned where reports are not available to the public or they become available after six months or more after conclusion of the investigation or audit. A 0 score is also earned where only summaries of the reports are publicly available.

        Sources

        Interview with a Senior Election Official (Anonymous) with the Electoral Commission, email interview, August 31st, 2014

        Interview with Kojo Asante, Legal and Governance expert, email interview, August 31st, 2014.

        Researcher request for information from the Electoral Commission. Official request on September 9th. Request was achknowdeged after one month, but no information has been provided as of October 22, 2014.

        The names of anonymous sources are known to Global Integrity and Global Integrity has agreed not to disclose them.

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      Enforcement Capabilities
      More about category
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        47
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        YES
        In law, there are sanctions in response to political finance violations.More about indicator

        Ghana's political parties law, Act 574, clearly defines violations of political finance laws. Broadly noted, Section 30 of the Act, titled 'Penalty', states in subsection 1 that "any person who contravenes a provision of this Act commits an offence"; in subsection 2 the Act provides that "any person who in furnishing particulars or information required to be furnished by a political party or by him under this Act makes a statement which he knows to be false or which he has no reason to believe to be true or makes a false statement reckless whether it true or not commits an offence"; and in subsection 3 of the Act it states that "an offence under this Act, unless otherwise specifically provided for, shall be punishable with a fine not exceeding ten million cedis (2,896,457 USD) or a term of imprisonment not exceeding two years or both".

        Specifically, section 14 subsection 1, under the heading "Declaration of Assets, Liabilities and Expenditure in Relation to Elections", the law provision states that "a political party shall, within twenty-one days before a general election, submit to the Commission a statement of its assets and liabilities in such form as the Commission may direct" and in subsection 2 provides that " a political party shall, within six months after a general or by-election in which it has participated, submit to the Commission a detailed statement in such form as the Commission may direct of all expenditure incurred for that election". The Act then prescribes sanctions for violating these specific provisions. The Act provdies in subsection 4 that " Without prejudice to any other penalty provided in this Act or any other enactment, where a political party: (a) refuses or neglects to comply with this section; or (b) submits a statement which is false in any material particular, the Commission may cancel the registration of the political party".

        Furthermore, the provisions regarding contributions to political parties (the law is silent on individuals), where section 24 directs the no contribution by non-citizens, section 25 provides sanctions for contraventions of this provision. The provision states in section 25 subsection 1 that "where any person contravenes section 23 or 24, in addition to any penalty that may be imposed under this Act, any amount whether in cash or in kind paid in contravention of the section shall be forfeited to the State and the amount shall be recovered from the political party as debt owed to the State. The political party or person in whose custody the amount is for the time being held shall pay it to the State". It further states in subsection 2 that "a non-citizen found guilty of contravention of section 24 shall be deemed to be a prohibited immigrant and liable to deportation under the Aliens Act, 1963 (Act 160)".

        Scoring Criteria

        A YES score is earned where: 1) the law clearly defines violations of political finance laws, and 2) there are clearly defined sanctions for specific violations.

        A MODERATE score is earned where violations are clearly defined but sanctions for specific violations are not.

        A NO score is earned where no such law exists.

        Sources
        1. Political Parties Act, 574, Sections 14, subsection 4; Section 25, subsections 1 and 2; Section 30, subsections 1 and 2, passed in 2000
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        YES
        In law, the oversight authority has the power to impose sanctions.More about indicator

        The laws of Ghana establishing the Electoral Commission provides for independence and authority for the Electoral Commission in the performance of its functions. Article 46 of the 1992 Constitution states that "except as provided in the Constitution or in any other law not inconsistent with the Constitution, in the performance of its functions, the electoral Commission shall not be subject to the direction or control of any person or authority". Article 51 of the Constitution further states that "the Commission shall by Constitutional instrument, make regulations for the effective performance of its functions under this Act or any other law".

        Accordingly, Act 574, the political parties law, the Electoral Commission has the power to impose sanctions when provisions set in have been violated. Thus, sections 14 and 25 gives the Electoral Commission the authority to impose sanctions on political parties for violating political finance laws.

        While Act 574 does not explicitly state that the Electoral Commission can directly prosecute violators before the courts, implicit in Article 46 provided for in the 1992 Constitution, the Electoral Commission has the authority to seek to prosecute cases of violations of Act 574 before the courts. However, the 1992 Constitution of Ghana, Article 88, gives all prosecution powers to the Attorney General, unless it delegates to any other institution. Thus, if the Electoral Commission intends to prosecute a case, it has to send to the Attorney General Office.

        Scoring Criteria

        A YES score is earned where: 1) the oversight authority has the power to impose sanctions, and 2) it can directly prosecute violators before the courts or is independent to send cases to public prosecution.

        A MODERATE score is earned where the oversight authority has the power to impose sanctions, but it can't directly prosecute violators before the courts or is not independent to send cases to public prosecution.

        A NO score is earned where no such law exists.

        Sources

        1992 Constitution, Articles 46, 51, 88, promulgated in 1992

        Political Parties Law, Act 574, Sections 14, 25, passed in 2000

        Interview with Victor Brobbey, Legal and Governance Expert, Law Professor, GIMPA, Accra. Email interview conducted on August 31st, 2014.

        Interview with Senior Election Official with the Electoral Commission (Operations) who requested anonymity, email interview, August 31st, 2014

        The names of anonymous sources are known to Global Integrity and Global Integrity has agreed not to disclose them.

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        0
        In practice, to what extent do offenders comply with sanctions imposed?More about indicator

        In practice, no party in Ghana, since 1992, is yet to be sanctioned for violating election campaign financing rules. Whereas, the Electoral Commission has occasionally expressed concerns for non-compliance of campaign financing provisions, in particular, annual reports, there has not been any sanctions of any party in violations of these rules. There are two issues regarding sanctions. First, the parties have generally failed to fulfill this legal requirement repeatedly, and the Electoral Commission has also failed to apply the appropriate sanctions. Thus, it is difficult to discuss compliance to sanctions. As the senior election official indicated "no party has been sanctioned yet."

        Scoring Criteria

        A 100 score is earned where: 1) offenders comply with the sanctions imposed without exception, and 2) they are not repeat offenders.

        A 50 score is earned where: 1) offenders usually comply with the sanctions imposed but exceptions exist, or 2) most are not repeat offenders but some exceptions exist.

        A 0 score is earned where: 1) offenders rarely comply with the sanctions imposed, or 2) most are repeat offenders.

        Sources

        Interview with Senior Election Official with the Electoral Commission (Operations) who requested anonymity, email interview, August 31st, 2014

        Interview with Kojo Asante, Legal and Governance expert, email interview, August 31st, 2014

        News Feature by Paul Amuna, "Ghana Needs Urgent Electoral Reforms", 22 Dec 2013, sourced from http://www.ghanaweb.com/GhanaHomePage/NewsArchive/artikel.php?ID=295912

        Blog by Paul Mensah, "Campaign Financing in Ghana: Is Ghana Ready for State Funding", 10 Feb 2014, sourced from: http://africaupclose.wilsoncenter.org/campaign-financing-in-ghana-is-ghana-ready-for-state-funding/

        The names of anonymous sources are known to Global Integrity and Global Integrity has agreed not to disclose them.

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        Open Question: How strong is enforcement, and what impedes more effective enforcement?More about indicator

        There appears to be selectivity in the way Ghana's Electoral Commission applies and enforce rules regulating political parties. There are occasions that the Electoral Commission enforces its rules and offenders comply with them. For example, in the days leading to the most recent general elections (2012) the Electoral Commission enforced one of its rules regarding requirement for filing nominations. It disqualified a former first lady, Nana Konadu Agyeman Rawlings, when she failed to meet the requirements. In this case, the offender complied with the sanction.

        Enforcing provisions in the political parties law, especially when it comes to financing and campaign rules, Ghana's Electoral Commission has not demonstrated any meaningful attempts. Enforcement is weak. One informer, an official from the Commission, indicated that the Commission has demonstrated this attitude of non-enforcement of the rules becasue the Commission or the State does not fund political parties. He pointed out, "there is no motivation to enforce the law since the state does not provide any funding to the parties". To be sure since the beginning of democratic rule, not a single political party has had its license revoked even when clear violations of the law, such as having office presence in a certain number of regions/provinces, occur. The Electoral Commission has set a blind eye on these provisions. At present, and from my informants, there are no clear condistions articulated by the members of the Electoral Commission that should prevent them from enforcing the rules. Simpy put, it seems they have chosen not to enforce aspects of the law that regulate campaign/political finance.

        Since 2000 when an amendment was made to the political parties law (Act 574) by lifting the ceiling of individual contributions, there has not been any reform to the political/campaign finance laws. It is must be pointed out, however, that over the last decade there has been public discussion towards public/state financing of political parties. While this advocacy has been championed by political parties mainly, the issue has not found favour with citizens. There is no dispute the fact that there is the urgent need for transparency and accountability in campaign financing in Ghana. It is a critical area that requires policy reform in order to reduce political corruption. There is the need for strengthening disclosure of campaign contributions, expanding accountability beyond political parties and strengthen oversight authority. It may be that the oversight authority be given to another body to exercise and leave the election management body to concentrate on the conduct of elections.

        What is urgently required for reform is a holistic review of Act 574, the political parties, to strengthen compliance of the provisions political fiannce reporting. After 14 years of operations, it requires review to meet current challenges and close transpaency and accountability gaps. Particularly, the gap that allws individual candidate not to submit financial accounts need urgent redress. There is also the need for an effective monitoring and evaluation unit of the commission to focus on enforcement of rules on party financing, disclosures, greater transparency and accounatbility on the part of political parties. Reforms are also needed to force the Electoral Commission to publish submitted audited accounts in the newspaper. For example, subsection 2 of Section 21 could amended to force the electoral commission to publish accounts of political parties and not only wait for persons to make request. In this case, the fee payment before accounts are released to a person will be eliminated.


        Peer Reviewer comment: Agree. There is no legally-defined campaign period. While one may be inferred from the issuing of the writ for elections, the reality is that for the past several years, campaigns begin long before the formal writs are issued. For the past several years, the schedule for Ghanaian elections has remained regular and predictable. Although elections are legally scheduled by writ, they are known to usually occur every four years in December. There is no legally defined campaign period and for the past several years, the major political parties have selected their presidential candidates as early as two years out from the election. For instance, in August 2010, the NPP selected its presidential candidate for the 2012 elections. Parliamentary candidates are selected on a rolling basis and for 2012, the NDC selected its parliamentary candidates between early 2011 and August 2012. As a result, the campaign period is long yet undefined.

        Despite advances in the banking system, Ghana remains largely a cash-based economy. As a result financial transactions are difficult to track. Concern about the suspectedly high cost of campaigns, donations in expectation of favors once candidates assume elected office, and the abuse of incumbency is widespread. Yet few thorough studies have been conducted of these issues (with the exception of studies on abuse of incumbency by civil society and other limited monitoring efforts). At the same time, civil society recognizes that finding conclusive evidence of violations is difficult given that it is in the interests of those involved in these practices to cover them up.

        Lack of enforcement appears to be a combination of lack of capacity and limited political will. (Legislation requiring parties to maintain a minimum number of branches also goes unenforced.) Others note that Commission recognizes that enforcing the law would result in the de-registration of all of the country's parties and is thus attempting to take a more constructive approach since it does need to work with parties in order to ensure credible elections.

        Civil society argues that public funding of parties would increase the pressure/leverage for parties to submit financial reports. Some note that parties argue that in the absence of public funding, the state has no moral authority to request financial records from them. As indicated elsewhere in this report, efforts to introduce public funding of parties have stalled. Sources attribute this to two factors: lack of political will (parties in opposition are strong advocates of public subsidies but tend to lose interest once in power); and limited state resources.

        In addition, media reports raise some questions about the strength of the financial controls within political parties. For instance, in case that is still pending, a presidential candidate is suing his party's treasurer over allegations of missing campaign funds.

        A few cases of corruption/mismanagement are currently under investigation. They include a commission investigating the appropriateness of payments for abrogation of government contracts. (The allegation is that these payments were unjustified, but pushed through in exchange for the support provided to a political party. At least one public official resigned over the case.) The second involves mismangement of Ghana Youth Employment and Entrepreneurial Development Agency Funds in the lead up to the 2012 elections. These cases have come to light due to court cases, concerns expressed by some of the individuals involved and leaks of government documents. It remains unclear how direct of a link there is to party financing.

        As indicated above, given a relatively permissive legal framework and poor enforcement, evidence of violations is hard to find.

        Media reports also suggest lapses in how parties manage their resources internally. There are accusations of party members embezzling funds/resources for their private purposes. This raises questions about how well parties track their own resources for their own purposes.

        Scoring Criteria

        Please provide a general explanation of the effectiveness of enforcement, describing: 1) any conditions that may prevent effective enforcement, and 2) explain what are the most urgent areas of reform in the country's political finance system.

        Sources

        Interview with a Senior Election Official (Anonymous) with Electoral Commission (Operations Department), Email interview, August 31st, 2014

        News Story " EC disqualifies Konadu from contesting 2012 elections", 18 Octo 2012, sourced from Myjoyonline: http://politics.myjoyonline.com/pages/news/201210/95755.php

        Blog by Paul Mensah, "Campaign Financing in Ghana: Is Ghana Ready for State Funding, sourced from http://africaupclose.wilsoncenter.org/campaign-financing-in-ghana-is-ghana-ready-for-state-funding/

        News Feature by Paul Amuna, "Ghana Needs Urgent Electoral Reforms", 22 Dec 2013, sourced from http://www.ghanaweb.com/GhanaHomePage/NewsArchive/artikel.php?ID=295912

        Reviewer's sources: Phone interview with senior Election Commission official, anonymity requested, Oct 31, 2014

        Phone interview with Abigail Burgesson, Oct. 31. 2014

        Phone interview with Dr. Ransford Edward Van Gyampo, Research Fellow, Institute of Economic Affairs, Nov. 10, 2014

        News Story: Tighten Rules on Party Financing, Graphic Ghana, March 23, 2010, Sourced from: http://www.cmu.edu/cipi/special-projects/ghana-conference/pdfs/100326_graphicghana-TightenRulesOnPartyFinancing.pdf, Nov 2, 2014

        News Story: Ayariga Sues PND National Treasurer, Graphic Ghana, February 20, 2014, Sourced From, http://graphic.com.gh/news/politics/17973-ayariga-sues-pnc-national-treasurer.html, Accssed Nov 2, 2014.

        News Story: The Wizard of Accra, Africa Confidential, Vol. 55. No. 3, Feburary 7, 2014, http://www.africa-confidential.com/article-preview/id/5209/Thewizardof_Accra

        The names of anonymous sources are known to Global Integrity and Global Integrity has agreed not to disclose them.

Elections to Ghana’s single chamber parliament are based on a plurality-majority system: a simple majority is sufficient to win election. Each member of parliament represents one of 275 single-member electoral districts. Individual candidates mobilize and spend funds during the campaign. Political parties raise and spend additional funds, particularly to coordinate campaigns across the country.

In order to win presidential elections, a candidate must secure 50 percent plus one of valid votes cast. If no candidate meets this threshold a run-off is organized between the two leading candidates within 21 days of the first round. Similar to parliamentary elections, both individual candidates and parties raise and spend funds for presidential campaigns.

Parliamentary and presidential elections are highly competitive and occur every four years. While independents and candidates from a number of other parties compete in elections, only two parties have won the presidency or secured a majority in parliament since the return to multi-party democracy in 1992. The last elections occurred in December 2012.