By Edzorna Francis Mensah
Parliament has passed Ghana Boundary Commission, Bill 2024 into law designed to take care of inadequacies in the cure Act, Act 795 to reflect best practice in international boundary architecture, subject to presidential assent.
The Bill’s object is to establish the Ghana Boundary Commission to determine and demarcate Ghana’s international land boundaries and maritime and airspace boundaries in accordance with accepted principles of international law and secure and protect the interests of the Republic.
The Ghana Boundary Commission Act, 2010 (Act 795) was passed by Parliament and assented to by the President on 22nd April, 2010.
According to a memorandum prepared by the Attorney-General and the Minister for Justice gazette 30th September, 2024, the existing Act, Act 795 does not include some contemporary functions of the Commission as compared to international best practice.
The current functions of the Commission are woefully inadequate and do not cover key areas for an integrated response to international boundary disputes. There are also major omissions in the constitution of the governing body of the Commission. Key Ministers such as the Ministers responsible for the Interior and National Security are absent.
Furthermore, the Act does not also provide for the creation of the office of the Commissioner-General of the Ghana Boundary Commission in line with similar institutions in the country. In addition, the Act fails to provide for the establishment of Departments of the Commission and satellite offices for the efficient and effective implementation of the functions of the Commission. Also, detailed financial provisions are not provided for in Act 795 which is hampering the implementation of the functions of the Commission.
The lines of reportage between the Commission, Ministries, Departments, and Agencies necessitate a holistic review to ensure clear channels of reportage. The required changes to Act 795 necessitate repealing the Act and enacting a new comprehensive piece of legislation to adequately respond to emerging international boundary challenges and cater to the strategic direction in handling international boundary disputes.
In this regard, the Bill seeks to provide for the expansion of the governing Board and the functions of the Commission based on international best practice and considering Ghana’s national security architecture. The Bill expands the existing role of the Commission to include the appropriate measures to deal with any international boundary dispute that affect the territorial sovereignty of Ghana, promote trans-border cooperation and border community development, and implement policies and programmes on international boundaries, specifically land and maritime boundaries.
The Bill also provides clear guidelines on the channels of reportage. In this regard, three technical committees namely, the Land Boundary Technical Committee, the Maritime Boundary Technical Committee and the Airspace Boundary Technical Committee are to be established. ‘These committees have the Commissioner-General as the chairperson with membership drawn from the relevant State agencies and other stakeholders.
Administratively, the Bill seeks to provide for the establishment of the office of the Commissioner-General. The Bill also provides for the creation of seven Departments, each to be headed by a Director and the establishment of satellite offices of the Commission, where required. In addition, the Bill provides for the appointment of other staff of the Commission and the establishment of an Internal Audit in accordance with Public Financial Management Act, 2017 (Act 921).
