Parliament Passes Ghana Boundary Commission Bill
Parliament has passed the Ghana Boundary Commission Bill, 2023, to provide comprehensive legislation to adequately respond to emerging international boundary challenges that affect the territorial integrity of Ghana.
The passage of the Bill would further promote transborder cooperation and border community development.
If the President gives assent to the Bill, it will repeal the Ghana Boundary Commission Act, 2010 (Act 795) and establish the Ghana Boundary Commission to determine and demarcate the international land boundaries of Ghana.
It will also delimit the maritime boundaries and airspace of Ghana in accordance with accepted principles of international law to secure and protect the interest of Ghana in determining and demarcating international land boundaries.
The bill was laid in the House by the Minister of Lands and Natural Resources, Samuel Abu Jinapor, on December 11, 2023 and it was referred to the Committee on Lands and Natural Resources.
Best Practices
Soon after the passage of the Bill, the Director General of the Ghana Boundary Commission, Major General Emmanuel Kotia, who was in the House, was optimistic the Bill would give the commission confidence to work with boundary commissions of neighbouring countries to undertake best international practices for the amicable settlement of boundary demarcations and disputes.
He said the composition of the governing body per the old Act was very skewed but the new Bill required all-encompassing stakeholder ministerial representation on the governing body.
“That is one key thing because the Ghana Boundary Commission is a strategic entity and the law has now strengthened the capacity of the commission to be able to undertake its mandate,” he said
Background
The Ghana Boundary Commission Act, 2010 (Act 795) was passed into law on March 22, 2010, to establish the Ghana Boundary Commission to undertake negotiations to determine and demarcate Ghana’s land boundaries and delimit Ghana’s maritime boundaries.
Since its passing into law 14 years ago, Act 795 has been found lacking in view of international best practices.
One of the factors hampering the work of the Commission since its establishment has been funding challenges.
The Act fails to provide for detailed financial provisions and this adversely affects the implementation of the functions of the Commission.
Furthermore, in line with similar institutions in the country, the Act does not provide for the creation of the office of the Commissioner General, Departments and Regional Offices for the efficient and effective implementation of the functions of the Commission.
Observations
Per a report submitted by the Committee on Lands and Natural Resources, its chairman, Francis Manu-Adabor, the committee observed that the Lands and Natural Resources Ministry should superintend over the Commission.
Funding Challenges
The report said officials of the Commission told the committee that they continuously faced funding challenges to effectively and efficiently carry out the functions of the Commission as mandated by the law.
As of June 2024, it said the Commission had only received four per cent of GH¢848,600 of the budget allocation for goods and services against an approved amount of GH¢2 million.
The Commission further disclosed that they had not received any release under capital expenditure in the 2024 budgetary allocation.
“The officials also told the committee that since 2021, no money has been released to the Commission for their CAPEX requirement,” it said.
The committee, therefore, said the passage of the Act would enable the Commission to raise funds through internally generated funds to supplement their annual budget allocations.
“This will equip the Commission to perform their functions, especially in the area of social intervention as their fellow Commissions in other African States,” the committee observed.
Source: Graphic
