Chieftaincy sector to codify Ghana customary laws
The Chieftaincy sector has embarked on a progressive study aimed at interpreting and codifying various customary laws into a unified system of rules.
Mr Alex Asum-Ahensah, Minister of Chieftaincy and Culture, who made this known in Accra on Tuesday explained that when the exercise is completed, adjudicating bodies including the courts will not depend upon oral evidence of the existence of a particular customary law as its primary source of evidence.
He said the new order would bring about some level of sanity and enhance the integrity of the judicial process for effective justice delivery.
Mr Asum-Ahensah who took his turn at the Ministry of Information’s instituted Meet-the-Press series said the National House of Chiefs has also been mandated to compile all customary laws and lines of succession applicable to the various traditional stools or skins in the country, to ensure stability, security and peace for national development and cohesion.
He said the end result of the project is to ensure that prospective royal lineages and candidates thereof to stools and skins are clearly identified and documented to eliminate disputes and conflicts associated with the enstoolment and enskinment of chiefs.
The Minister said with the collaboration of the National Commission for Civic Education and funding from the government and the Konrad Adenauer Stiftung (Foundation), the compilation process, which started in 2000 has succeeded in collecting and documenting data on 100 paramountcies, out of which 21 has been converted into draft Customary Declaration Laws.
He said 12 out of the 21 laws have also been submitted to Parliament through the Attorney General’s Department to be passed into Legislative Instruments to regulate succession to the respective stools.
Mr Asum-Ahensah said the indispensable contribution of chieftaincy to the development of the nation cannot be helved hence the need to enhance their capacities to enable them play active roles apart from conflict resolutions.
He mentioned the Chieftaincy Bulletin which is an official mouthpiece of the National House of Chiefs also clarified the controversy surrounding the performance of the statutory duties by a chief in relation to Section 57 clause (5) of the Chieftaincy Act, by publishing names of chiefs who qualified under the Act.
The Act provides that “A person shall not be considered to be a chief for the performance of a function under this Act or any other enactment, unless that person has been registered for the performance of that function in the National Register of Chiefs and that person’s name has bee published in the Chieftaincy Bulletin.”
Mr Asum-Ahensah said it is the expectation of the Ministry that the continued publication of the bulletin will forestall the rancour and political interferences in the determination of who is a chief, particularly regarding the performance of statutory functions and roles to help promote stability, security and peace.
He aid the cultural sector has also provided enormous structure from the informal sector, which had been resilient even at the face of economic depression.
He said the arts and craft industry also contributes about GH¢ five billion to the national economy.
The Minister said the National Commission of Culture is integrating culture into the national development planning process to accelerate poverty reduction and promote wealth creation and as a result is collaborating with the Metropolitan, Municipal and District Assemblies to organise cultural and development workshops for 250 Planning officers countrywide to sensitise them on how to integrate culture into the domain of the National Development Planning processes.
He said a number of programmes have also been undertaken under the Cultural Initiatives Support Programme with the disbursement of approximately GH¢850,000 to support 250 small scale cultural operators in areas including film making, small scale textile producers, craftsmen, literacy and publishers as well as artisans to enable them expand their businesses and operations.
Mr Asum-Ahensah said to promote and create market for local arts, the Centre for National Culture in Kumasi has been organising month-long annual Arts and Craft bazaars for local artisans to display and sell their wares.
Mr Asum-Ahensah also mentioned the biennial Kumasi International Black Arts and Cultural Festival to re-connect people in the Diaspora to their roots in Ghana.
He said the Ministry is saddled with several challenges which include inherent inconsistencies in the legislative framework of the various laws and policies establishing and operationalising the various agencies within the chieftaincy and culture sector.
He said in spite of the challenges the Ministry is completing a Five-Year Strategic plan to address major challenges and to help put in place systems for effective delivery of the mandate of the sector.
Mr Asum-Ahensah said the Ministry is looking at the review of the legal framework regulating the mandate and activities of the National Commission on Culture, Ghana Museums and Monuments Board, Ghana Dance Company, Abibigromma and the National Symphony Orchestra in order to streamline their mandates and functions.
He also said a roadmap for the continuation of research and documentation of customary laws and its usage at all levels of the traditional councils would be ascertained and developed into law for all traditional councils.
Source: GNA