Presidential time period extension should cross to referendum – Barker-Vormawor criticises CRC proposals – Life Pulse Daily

Introduction

In a recent and pivotal statement, constitutional expert Oliver Barker-Vormawor has challenged the recommendations of Ghana’s Constitution Review Committee (CRC) regarding the extension of the presidential term. Barker-Vormawor, serving as the Constitutional Rights and Policy Strategy Advisor at Democracy Hub, has argued that any proposal to extend the presidential term should not be decided solely by Parliament but must be subjected to a national referendum. This article explores the background, analysis, and implications of his stance, providing a comprehensive understanding of why this issue is critical to Ghana’s democratic future.

Key Points

Background

The Constitution Review Committee (CRC)

The Constitution Review Committee was established to review and recommend amendments to Ghana’s 1992 Constitution. The committee’s proposals have been a subject of intense debate, particularly regarding the classification of constitutional provisions into entrenched and semi-entrenched categories.

Entrenched vs. Semi-Entrenched Provisions

Under the CRC’s framework, constitutional provisions are categorized as follows:

• Entrenched Clauses: These require approval through a national referendum.
• Semi-Entrenched Clauses: These can be amended by Parliament with a supermajority vote.

The classification aims to streamline the constitutional amendment process while safeguarding core democratic principles.

Presidential Term Limits in Ghana

Ghana’s current constitution limits the president to two four-year terms. This provision is classified as an entrenched clause, meaning any changes would require a national referendum. Barker-Vormawor argues that the duration of the presidential term should also be treated with similar importance.

Analysis

The Significance of Presidential Term Duration

The length of a presidential term directly impacts governance, accountability, and democratic stability. Extending the term from four to five years could alter the balance of power and affect the president’s accountability to the electorate.

Democratic Legitimacy

Barker-Vormawor emphasizes that decisions of such magnitude should involve the electorate directly. By requiring a referendum, the process ensures that the will of the people is the ultimate authority in constitutional changes.

Public Confidence and Trust

Allowing Parliament alone to decide on term extensions could erode public confidence in the constitutional review process. Engaging the public through a referendum reinforces transparency and trust in democratic institutions.

Consistency in Constitutional Treatment

The two-term limit for the presidency is an entrenched provision, requiring a referendum for any changes. Barker-Vormawor argues that the duration of the term should receive the same treatment, ensuring consistency in how critical democratic principles are handled.

Practical Advice

For Policymakers

Policymakers should consider the broader implications of classifying presidential term extensions as semi-entrenched. Engaging in inclusive dialogue and considering a referendum could strengthen democratic legitimacy and public trust.

For Civil Society

Civil society organizations should advocate for transparent and inclusive processes in constitutional reviews. Public education campaigns can help citizens understand the implications of proposed changes.

For the General Public

Citizens should stay informed about constitutional amendments and participate actively in democratic processes. Understanding the significance of term limits and their duration is crucial for informed decision-making.

FAQ

Conclusion

Oliver Barker-Vormawor’s call for a referendum on the presidential term extension highlights the importance of public involvement in constitutional changes. The duration of the presidential term is a fundamental aspect of democratic governance, and decisions on such matters should reflect the will of the people. By ensuring that these changes are subject to a national referendum, Ghana can strengthen its democratic institutions, maintain public trust, and uphold the principles of inclusive governance. As the debate continues, it is essential for all stakeholders to engage in transparent and inclusive dialogue to safeguard the integrity of Ghana’s constitutional framework.