Omar Bennett
Ghana's 1992 Constitution was approved by a national referendum on 28 April 1992, with 92-93% voter support. The constitution was drafted by a 258-member Consultative Assembly, which was established by the Provisional National Defence Council (PNDC) to draw up a constitution to establish a fourth republic. The constitution was designed to decentralise the government, reintroduce multi-party politics, and divide powers between the president and parliament. It also provided for greater freedom of the press and human rights guarantees, including the right to a fair trial and protection from discrimination.
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What You'll Learn
- The 1992 Constitution was approved by a national referendum
- It was based on the 1957, 1969, and 1979 Constitutions
- The PNDC allowed a 258-member Consultative Assembly to draw up a draft
- The Constitution establishes the structure, procedures, and duties of the government
- It also outlines the fundamental rights and duties of citizens
The 1992 Constitution was approved by a national referendum
Ghana has had an unstable political environment, with several military takeovers occurring in 1966, 1972, 1978, 1979, and 1981, despite the establishment of democratic administrations in 1969 and 1979. The most recent coup occurred in December 1981, when Jerry Rawlings seized power, leading to the establishment of the Provisional National Defence Council (PNDC) to govern the country.
In 1984, the PNDC established a National Commission on Democracy to explore ways to establish participatory democracy in Ghana. The commission published a "Blue Book" in July 1987, outlining the procedures for district-level elections, which were held in late 1988 and early 1989 for the newly formed district assemblies. The PNDC permitted the formation of a 258-member Consultative Assembly made up of representatives from geographic districts and established civic or business organisations. This assembly was tasked with drafting a constitution to establish a fourth republic, utilising PNDC proposals.
The 1992 Constitution was designed to decentralise the government in Ghana and was based on the democratic principles established by the 1957, 1969, and 1979 Constitutions, as well as proposals from the Committee of Experts and the Consultative Assembly. It consists of 26 chapters (plus a preamble) and defines the fundamental political principles, establishing the structure, procedures, powers, and duties of the government, the structure of the judiciary and legislature, and the fundamental rights and duties of citizens.
The first government of the Fourth Republic was officially sworn in on 7 January 1993.
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It was based on the 1957, 1969, and 1979 Constitutions
The 1992 Constitution of Ghana, also known as the Constitution of the Fourth Republic, was drafted based on the previous constitutions of 1957, 1969, and 1979. Ghana's constitutional history has been marked by a series of military takeovers and unstable regimes, with the country gaining independence from British rule in 1956. The 1957 Constitution established a Westminster system of government, with a prime minister as head of cabinet and the British monarch as head of state. However, subsequent constitutional amendments transformed Ghana into a one-party state, severely restricting fundamental rights and political participation.
The 1992 Constitution aimed to restore democratic governance in Ghana and address the issues arising from the previous military regimes. It was drafted through a comprehensive consultative process involving various stakeholders. The Provisional National Defence Council (PNDC), established after the 1981 coup led by Jerry Rawlings, played a pivotal role in this transition. In 1984, the PNDC created the National Commission on Democracy to explore ways to establish participatory democracy in Ghana, resulting in the publication of the "Blue Book" in July 1987. This document outlined the framework for district-level elections, which were held in late 1988 and early 1989, leading to the formation of new district assemblies.
The PNDC, in line with its democratic vision and regional trends in the 1990s, authorised a public consultation process aimed at gathering and analysing the views of Ghanaians on their preferred form of government. This process culminated in the appointment of an inclusive 258-member Consultative Assembly, comprising representatives from geographic districts and civic or business organisations. The Assembly was tasked with drafting a new constitution, taking into account PNDC proposals and the previous constitutions of 1957, 1969, and 1979, as well as the report of a Committee of Experts.
The draft constitution prepared by the Consultative Assembly incorporated elements from the earlier constitutions while adapting to the changing political landscape and the aspirations of the Ghanaian people. It provided for the reintroduction of multi-party politics and a clear division of powers between the president and parliament. The final draft was put to a referendum on 28 April 1992, receiving overwhelming support with 93% of voters in favour, surpassing the required threshold of 70% approval. This democratic exercise marked a significant step towards restoring stability and democratic principles in Ghana, with the new constitution being promulgated in January 1993.
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The PNDC allowed a 258-member Consultative Assembly to draw up a draft
The drafting of Ghana's 1992 Constitution was a response to internal and external pressures to restore democratic rule in the country. The process was initiated by the Provisional National Defence Council (PNDC), which established the National Commission for Democracy (NCD) to study ways of establishing participatory democracy in Ghana. The NCD carried out a series of public seminars and consultations to gather the views of individuals and organisations on the nature, scope, and content of the desired democratic state.
The PNDC allowed for the establishment of a 258-member Consultative Assembly, tasked with drafting the final Constitution. The Assembly was composed of members representing geographic districts as well as established civic or business organisations. The Assembly's work was informed by proposals submitted by the PNDC, as well as previous constitutions of 1957, 1969, and 1979, and the report of the Committee of Experts.
The Committee of Experts was established in May 1991 and was mandated to "draw up and submit to the PNDC Council, proposals for a draft constitution of Ghana". The Committee took into account various documents, including the Report of the National Commission on Democracy, also known as the "Blue Book". The Blue Book outlined modalities for district-level elections, which were held in late 1988 and early 1989 for newly created district assemblies.
The Consultative Assembly completed its assignment and submitted the draft Constitution to the PNDC on March 11, 1992. Attached to the draft were Transitional Provisions, which included controversial immunity provisions for certain acts and personalities associated with the PNDC regime. These provisions were not drafted or approved by the Assembly but were the result of negotiations between the PNDC Legal Team and some leading Chairmen of the Assembly's committees.
The PNDC accepted the final draft without revision, and it was put to a referendum on April 28, 1992. The new Constitution was overwhelmingly approved by Ghanaians, with 93% of voters in favour. It was enacted on May 8, 1992, and came into force on January 7, 1993, marking a significant step towards the restoration of democratic governance in Ghana.
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The Constitution establishes the structure, procedures, and duties of the government
The Constitution of Ghana is the supreme law of the Republic of Ghana. It was approved on 28 April 1992 through a national referendum, with 92-93% support. The 1992 Constitution provided for the reintroduction of multi-party politics and the division of powers between the president, parliament, cabinet, and an independent judiciary.
The Constitution outlines the structure of the judiciary and legislature, with the Supreme Court of Ghana at the top of the judicial hierarchy. It also establishes the powers of the government, with the president serving as the head of state, head of government, and commander-in-chief of the armed forces. The executive authority is shared by the president, the Council of State, and advisory bodies like the National Security Council.
The Constitution also sets out the duties of individual Ghanaian citizens, stating that the exercise of rights and freedoms guaranteed in the Constitution is inseparable from the citizen's performance of their duties. These duties encompass civil, political, economic, social, and cultural practices that Ghanaians engage in.
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It also outlines the fundamental rights and duties of citizens
Ghana's 1992 Constitution was drafted by a 258-member Consultative Assembly, which was established by the Provisional National Defence Council (PNDC) in 1984. The PNDC came to power after Jerry Rawlings seized control of the country in a military coup in December 1981. The Assembly was tasked with drawing up a draft constitution to establish a fourth republic, using PNDC proposals.
The 1992 Constitution outlines the fundamental rights and duties of citizens. It establishes Ghana as a democratic state dedicated to freedom and justice, with sovereignty residing in its citizens. The Constitution guarantees the protection of fundamental human rights and freedoms, including:
- The right to freedom of speech, expression, thought, conscience, belief, assembly, association, information, and movement.
- The right to practice any religion and manifest that practice.
- The right to equal treatment and freedom from discrimination based on race, place of origin, political opinion, colour, religion, creed, or gender.
- The right to protection from slavery and forced labour.
- The right to a fair trial and protection of privacy.
- The right to property ownership and protection from deprivation of property.
- The right to work and choose an occupation.
- The right to special care for mothers during and after childbirth, including paid leave and childcare facilities.
- The right to equal opportunities for women in training and promotion.
The Constitution also outlines the duties of citizens, including the duty to:
- Obey and defend the Constitution.
- Promote the prestige and good name of Ghana and respect its symbols.
- Foster national unity and live in harmony with others.
- Respect the rights, freedoms, and legitimate interests of others.
- Protect and preserve public property and combat misuse of public funds.
- Contribute to the well-being of the community.
- Serve in the military and render national service when necessary.
- Cooperate with lawful agencies.
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Frequently asked questions
The 1992 Constitution of Ghana was approved on 28 April 1992.
The 1992 Constitution was approved through a national referendum, with 92% voter support.
The 1992 Constitution provided for the reintroduction of multi-party politics, the division of powers between the president and parliament, and the protection of fundamental human rights and freedoms.
The Consultative Assembly, made up of 258 members representing geographic districts and civic or business organizations, was responsible for drawing up the draft constitution. The final product was accepted without revision by the PNDC and put to a vote.
The 1992 Constitution drew on the lessons from the previous 1957, 1960, 1969, and 1979 Constitutions, as well as the British and United States constitution models.
