UGBS 105 Introduction to Public Administration

Transcription

1 UGBS 105 Introduction to Public Administration Session 6 The Public Administration System in Ghana: Part 1 Lecturer: Contact Information: dappiah@ug.edu.gh College of Education School of Continuing and Distance Education 2014/ /2017

2 Session 6 The Public Administration System in Ghana: Part 1

3 Learning Objectives At the end of the session, you should understand: The historical development of the Public Administration system in Ghana The organizational structure of Ghana s colonial and postcolonial public administration system The relationship between the key components of the system: The Executive, Legislature, and the Civil Service The relationship between Chieftaincy administration and Public Administration in Ghana

4 Pre-Colonial System of Public Administration in Ghana (Gold Coast): Before 1821 Public Administration was Chieftaincy Administration On 7 May 1821, Britain passed a law to create colonial territories of rule in Ghana (then known as Gold Coast) Before Britain colonised Ghana, there existed many traditional states (or Native States) recognised by European Merchants and governments as sovereign states The Native people of the Gold Coast were governed by their political heads generally called Chiefs The political system of rule by Chiefs in Native States is generally called Chieftaincy administration Paramount Chiefs of Native States had Executive, Legislative and Judiciary authority of Public Administration

5 British Colonial State Formation: The Failure of Unitary State Formation?: When Britain declared colonial rule over Ghana in 1821, Earl Henry Bathurst, British Secretary of State for War and the Colonies, explained the consequence of the new policy to Sir Charles McCarthy the newly appointed Governor: The consequence will be that many local regulations and customs which have long prevailed in those forts will be altogether superseded and repealed: and you will find it necessary to make some general notifications to the inhabitants, in order to guard them against being implicated in any illegal proceeding by continuing to adhere to ancient usages, which may now be inconsistent with the law. (Letter of Earl Bathurst to Sir Charles McCarthy19 September, 1821) Sir Charles McCarthy tried to use military force to create a new unitary colonial state, but he was killed during a war with the powerful Asante State in The British Government withdrew from the Gold Coast and handed over the administration of its possessions to a British Company of Merchants led by Governor Captain George MaClean

6 British Colonial State Formation: The Formation of a Traditional-Federal State?: Political Negotiations with Native States: The initial failure of the British military approach to create a peaceful, stable and commercially profitable colonial state made Captain George MaClean to use political negotiation with the Chiefs to establish a political system of Governance that would accommodate the interests of the British Merchants as well as the sovereign authority of Chiefs over their Native States 1831 MaClean Peace Treaty: In 1831 Captain MaClean reached a political settlement with the Native States to established what could be loosely referred to as a Traditional-Federal colonial State The Bond of 1844: Following MaCleans successful leadership and profitable commerce in the Gold Coast, Britain restored colonial rule to the Gold Coast in 1843; and, in 1844 the new Governor and Native Chiefs re-affirmed the 1831 MaClean Peace Treaty

7 The 1831 MaClean Peace Treaty: Nucleus of Ghana s Traditional-Federal State The content of the 1831 MaClean Peace Treaty is reproduced below: i. The King of Asante has renounced for himself, his heirs and successors forever, all and every right to collect tribute (as a token of dependency) from any of the native states in alliance with Great Britain; and that he do acknowledge all of these states to be free and independent. ii. The parties will engage in free commerce and lawful commerce and shall ensure perfectly open and free access to markets for all persons engaged in lawful trade without forcing them to purchase at any particular market. iii. If any of the allied kings or chiefs refuse to abide by the decision of the governor, or his representative, with the chiefs assembled with him in council, in that case he or they will no longer be considered as a confederacy, and must arrange his or their disputes as they best can. iv. The King of Asante has deposited in the Cape Coast Castle, in the presence of the parties, the sum of 600 ounces of gold, and having delivered into the hands of the Governor two young men of the royal family of Ashantee named Ossor Ansah and Ossoo Inquantamissah, as security that he will keep peace with the said parties in all time. The securities shall remain in Cape Coast Castle for the space of six year from the date of the treaty.

8 The 1831 MaClean Peace Treaty (Cont d) v. Panyarring, denouncing and swearing on or by any person or thing whatever, are strictly forbidden, and all persons infringing on this rule shall be rigorously punished and no master or chief shall be answerable for the crimes of his servants, unless done by his orders or consent, or when under his control. vi. As the king of Ashantee has renounced all right or title to any tribute or homage from the Kings of Dinkera, Assin, and others formerly his subjects, so, on the other hand, these parties are strictly prohibited from insulting, by improper speaking or in any other way, their former master, such conduct being calculated to produce quarrels and wars. vii.that all the parties accept the jurisdiction of the Governor-in-Chief of His Britannic Majesty s possessions on the Gold Coast (or his representative in the absence of the Governor) to decide all palavers relating to the agreements, with the assistance of two or more of the Kings and chiefs as a council.

9 The Bond of 1844

10 The Bond of 1844 ( cont d)

11 Significance of Colonial State Formation for the Development of Public Administration in Ghana How the British developed the colonial state in Ghana is very significant for understanding the nature of Ghana s current system of Public Administration due to the following reasons: It helps us to understand why Public Administration in the Ghanaian state incorporates both the modern formal-legal institutions of administration and traditional informal-legal institutions of customary law It will help us to understand the continuing conflicts between chiefs and government officials over Territorial Administration of law and resources at the local level It will help us to understand why Ghana s current constitution recognizes Chieftaincy Administration, but Government is constitutionally barred from interfering in Chieftaincy affairs

12 The Organizational Structure of Public Administration in Ghana: During the period of British colonial rule, the Executive, the Legislative, the Judiciary, and the Civil Service branches of public administration established in the Gold Coast were dominated by British Officers Beginning with the Clifford Constitutional reforms of 1916, the British begun to admit Native educated elites into the National Legislature; but it was not until the Burns Constitutional reforms of 1946 that Native educated elites were admitted into the Executive Council of Government However, at the local level of society, until the beginning of internal self-government in 1951, the British empowered the Chiefs to rule over local communities through an accountable system of local government called Native Authorities

13 The Executive Council During Colonial Rule: Gradual Incorporation of Native Chiefs and Non-Chiefs Ghanaian European Representatives Date of Representatives reform Non-chief British Official British Unofficial Total Chiefs Natives Members Members

14 The Legislative Council During Colonial Rule: Gradual Incorporation of Native Chiefs and Non-Chiefs Ghanaian European Representatives Date of Representatives reform Non-chief British Official British Unofficial Total Chiefs Natives Members Members

15 Searching for Effective National System of Government and Public Administration British colonial Governors recognized the challenge of building a cohesive indigenous national system of public administration that would represent the interests of diverse ethnic groups so as to command their common loyalty and allegiance: In 1916, Governor Hugh Clifford pointed out to the native intelligentsia that the The Gold Coast is not a single entity, but instead a mosaic composed of a number of mutually independent, and often mutually antagonistic, Native States, who derive such cohesion as they possess from their common loyalty and allegiance to His Majesty the King. (Governor Clifford, 25 Sept. 1916) Governor Clifford told the educated natives to stop the loose talk on the subject of representative government and innovate an indigenous practical proposal of nationbuilding which would be applicable to local conditions In 1926, Governor Gordon Guggisburg also stated that If the people of the Gold Coast are ever to stand by themselves, it must be by the gradual development of their own institutions and customs to meet the demands of more modern and advanced civilization. (22 Feb. 1926, Legislative Council)

16 Towards a National Multi-Ethnic Indigenous Political System of Government In 1926, Chiefs in the Colony Province of the Gold Coast, led by Paramount Chief of Akyem Abuakwa State, Nana Sir Ofori Atta I, came together to form the Provincial Council of Chiefs that would function as an indigenous national government to perform the following functions: i.make appropriate native laws to govern the people across all the traditional states ii.resolve chieftaincy disputes within and between traditional states iii.elect paramount Chiefs to the Legislative and Executive Councils In 1932, the Provincial Councils of Chiefs in the Western Province, Eastern Province, and the Colony Province came together to form the Joint Provincial Council (JPC) of Chiefs towards the creation of an indigenous multi-ethnic system of national government

17 Local Level Chieftaincy Administration in the Gold Coast: Transparent and Accountable? Expenditure of Chiefs in 1947 & 1948 NATIVE AUTHORITIES Ga State Kumasi State Akim Abuakwa State Administration 3,034 29,143 16,688 Treasury 1,314 10,460 4,489 Native Courts 2,228 11,895 4,975 Police 1,351 6,732 4,499 Prisons - 1,180 1,924 Agriculture Forestry Medical Health 59 4,711 10,849 Education ,282 16,302 Recurrent works, communications, and services 276 8,364 4,213 Miscellaneous 1,131 14,781 7,490 Extraordinary 81 27,441 16,811 Contributions to reserve fund - 7,783 1,000 Total Expenditure 9, ,285 89,626

18 The Structure of Public Administration in Ghana: present In 1957, Ghana gained political independence from British colonial rule and begun the process of building a post-colonial Public Administration system. As Ghana prepared for postcolonial rule, Governor Sir Charles Arden-Clarke made the following important statement: This is a critical time for the Gold Coast the Gold Coast is about to make a great constitutional advance. The world...is asking whether the people of the Gold Coast have the capacity and the determination to shoulder their new responsibilities and undertake their complex task of building up and carrying on a good government under a new constitution. (Governor Sir Charles Arden Clarke, , Speech in Legislative Council, 19 January, 1950)

19 The Structure of Public Administration in Ghana: 1957 present ( to be continued) In our next session, we shall look at the structure of Ghana s post-colonial Public Administration system after the Chiefs and British colonial officials handed over the Executive reigns of Government to non-chief educated elites

20 Conclusion: Unitary Public Administration or Traditional-Federal Public Administration? Antecedent to British colonial rule over Ghana in 1821, the Public Administration system was controlled by Chiefs exercising Executive, Legislative, and Judicial functions The failure of the British Government to use military force to supersede the chieftaincy institutions of the existing Native States led to a negotiated political settlement over the creation of a colonial state in which British officers and chiefs shared sovereign state authority over territorial administration Chiefs and non-chief native educated elites were gradually incorporated into the national Executive and Legislative branches of state administration; but the Chiefs were gradually kicked out after internal self-government Chieftaincy institutions were transformed into a system of local government until they were gradually kicked out after 1951