International Journal of Public Sector Management
Human resource management in Ghana: prescriptions and issues raised by the Fourth
Republican Constitution
A.I. Abdulai,
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A.I. Abdulai, (2000) "Human resource management in Ghana: prescriptions and issues raised by the Fourth
Republican Constitution", International Journal of Public Sector Management, Vol. 13 Issue: 5, pp.447-466,
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Human resource management Human resourcemanagement in
in Ghana: prescriptions and Ghana
issues raised by the Fourth
Republican Constitution 447
A.I. Abdulai
School of Administration, University of Ghana, Legon, Ghana
Keywords Human resource management, Constitution, Law, Decentralisation, Politics,
Government
Abstract Human resource management in the public sector does not take place in a vacuum. It is
carriedoutwithinaregulatory frameworkof laws, rulesandregulations.Recent timeshavewitnessed
commendable efforts by many African countries to embrace democratic governance with its
trappings of constitutionalism, which requires that the behaviour of politicians, public officials, public
institutions and citizens should conform to the strictures of the Constitution of the land. This study
examines the Fourth Republican Constitution of Ghana and identifies constitutional provisions or
prescriptions which have some relevance for human resource management in the Ghanaian public
sector. Constitutional provisions identified in this regard deal with the following issues: human
resource management policy, laws, rules and regulations, recruitment and selection, equal
employment opportunity, employee rights and welfare, compensation and benefits, state of the
economy, human resource development, work environment, Commission for Human Rights and
Administrative Justice (CHRAJ), decentralisation and ethical issues. The paper discusses the
relevance and implications of issues raised and concludes that the Fourth Republican Constitution
contains important provisions which make for sound human resource management in the Ghanaian
public sector.
Introduction
One of the most significant developments witnessed on the African continent of
late is the move towards constitutional rule. The role of constitutions in
providing the necessary regulatory framework and environment for the orderly
conduct of affairs in a political system cannot be over-emphasized. As Bradley
and Ewing (1993, p. 4) have put it succinctly, constitutions help `̀ to make life
more tolerable and less brutish than it might otherwise be''.
The Fourth Republic of Ghana, which came into force on 7 January, 1993,
has thus far witnessed some determination on the part of key players in the
Ghanaian political system to abide by constitutional rule. The observation by
Justice Emile Short (1998), Commissioner for Human Rights and
Administrative Justice (CHRAJ), that `̀ we live in a constitutional era and the
rule of law not the rule of men should be our guiding principle'', says it all.
As the supreme law of the land, the Fourth Republican Constitution has put
across a number of prescriptions which directly and indirectly touch on human
resource management practice in Ghana. The objective of this paper is to
The International Journal of Public
discuss these prescriptions and related issues and their relevance for human Sector Management,
Vol. 13 No. 5, 2000, pp. 447-466.
resource management in the Ghanaian public sector. # MCB University Press, 0951-3558
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IJPSM According to Heneman et al. (1983) labour union, labour market, laws and
13,5 regulations act as important external influences on human resource
management. As a critical external influence, the prescriptions of the Fourth
Republican Constitution and the lessons derived from it should be of interest to
both students and practitioners of human resource management.
The prescriptions and issues raised have brought to the fore an important
448 point that is sometimes ignored, or at best lackadaisically approached by
Ghanaian managers, namely the need for a humane approach to managing
people which, among other things, borders on recognition of employee rights
and welfare. A humane approach in managing people in organizations
certainly rings a bell. It is at the heart of the concerns and preoccupations of the
human relations movement and the philosophy of industrial humanism which
sought to sensitise managers to the need to factor employee needs and welfare
into the managerial equation.
The Constitution of the Fourth Republic of Ghana
The term `̀ constitution'' has been variously defined in the literature. Wheare
(1951) has explained both the narrow and broad meaning of constitutions.
Whereas the narrower meaning refers to a document which spells out the main
functions of government and how they operate, the wider meaning refers to
`̀ the whole system of government of a country, the collection of rules which
establish and regulate or govern the government''. Contemporary discourse on
constitutions is mainly based on the narrower meaning. In the words of
Kumado (1995, p. 313), by this narrower meaning `̀ constitutions assumed the
character of baptismal certificate for independent African states''.
As pointed out above, the Fourth Republican Constitution of Ghana came
into force on 7 January 1993. The Constitution was drawn up by a consultative
Assembly instituted by the Provisional National Defence Council (PNDC),
which assumed the reign of government following a military take-over of the
constitutionally-elected government of the People's National Party (PNP) on 31
December 1981.
The Assembly was required by law to be guided in its work by earlier
constitutions of Ghana, namely those of 1957, 1960, 1969 and 1979. The
Assembly was also guided by the report and draft proposals submitted by the
nine-member Committee of Experts appointed by the PNDC as well as the over
1,000 memoranda it received even though the extent of the influence of the
latter is not known (Afari-Gyan, 1995).
The Constitution, which provides the necessary framework for democratic
governance, contains some elements of both Parliamentary and Presidential
systems of government. It also provides for executive, legislative and judicial
organs of state. The executive presidency provided by the Constitution is a
modified version of the American system. The modifications are that, unlike
the American system, a majority of the ministers must be members of
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parliament. Also, unlike the American system, Parliament can pass a vote of Human resource
censure against ministers and may thus be dismissed by the President (Folson, management in
1991). Ghana
Ghanaian governments in the Fourth Republic are not only obliged to rule
according to the dictates of the Constitution, but administrative structures,
public policy and behaviour of government officials should be in conformity
with it. This obviously is intended to impose some limit on the extent to which 449
the government and public officials can exercise power and authority. After all,
as Wheare (1951, p. 10) emphatically observes, `̀ Constitutions spring from a
belief in limited government''. In other words, constitutionalism imposes some
limitations on governmental powers and behaviours which in effect means that
the government will be accountable for its deeds such as manifest themselves
through the policies it pursues.
The role of the Constitution as the ultimate point of reference for citizen,
official, managerial and governmental behaviour with respect to the concerns
expressed above has been well articulated by Kumado (1993) in his observation
that `̀ Ultimately what we eat, drink and wear as well as how we commit our
public resources must conform to the strictures of the constitution. Thus the
constitution is greater than any power wielder or aspirant or a combination of
these two''.
Approach and methodology
This study was approached through a critical analysis of the 26 chapters and
the 299 articles of the Constitution. Human resource management issues raised
through the constitutional provisions in the various articles and chapters were
identified. These were categorised and placed under broader headings
reflecting human resource management activities and concerns in the
Ghanaian public sector. Based on this approach, the following human resource
management activities and concerns were identified:
. laws and regulations;
. human resource management policy;
. recruitment and selection;
. equal employment opportunity (EEO);
. employee rights and welfare;
. compensation and benefits;
. state of the economy;
. human resource development;
. work environment;
. Commission for Human Rights and Administrative Justice (CHRAJ);
. decentralisation; and
. ethical issues.
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IJPSM Admittedly, while the above have captured most of the relevant issues, the list
13,5 is by no means exhaustive. Also, the scope of this paper imposes a limitation in
that the above human resource management activities and concerns as well as
issues raised by them can hardly be treated exhaustively.
The discussions nevertheless give a clear and vivid picture of human
resource management issues raised by the Fourth Republican Constitution.
450 Even though the constitutional provisions and prescriptions are generic in
nature, they were specifically analyzed for their relevance to the Ghanaian
public sector.
The discussions are further supported by the tables in which the various
human resource management activities and concerns, as well as issues raised
through constitutional provisions and the respective articles, are presented.
Prescriptions and issues raised by the Fourth Republican
Constitution
Human resource management policy
Human resource is the most valuable asset of every organisation. This point of
view is well articulated by Eddy (1981) who observes that `̀ without the
meanings that are provided by the human mind organizations are only piles of
stone and metal and blobs of ink on pieces of paper''. The need, therefore, for
organizations to put in place such policies as would create the kind of
environment which would motivate employees to give of their best cannot be
over-emphasized. Unfortunately, however, Ghanaian organisations, both
public and private, do not give the necessary attention to human resource
management issues. The result has been a lack of systematic policies to guide
activities in this regard. Predictably, this situation has more often than not led
to disastrous consequences.
The Fourth Republican Constitution contains a number of provisions which,
taken as a whole, provide a basis for sound human resource management
policies in Ghanaian public organisations. It certainly is good reasoning to
postulate that the work environment of the Ghanaian public sector would be
greatly enhanced if organisational behaviour were informed by these
constitutional prescriptions. This is the thesis of this paper.
For instance the Directive Principle of State Policy (DPSP), covered in
chapter six of the Constitution, enjoins citizens, Parliament, the President, the
Judiciary, the cabinet, etc., to implement policy decisions in such a way as to
create a just and free society. The need for a fair and just system at the
workplace cannot be over-emphasized, as it is a necessary ingredient for
healthy industrial relations. This point of view has been forcefully brought
home by the observation of the Institute of Personnel Management: `̀ Personnel
management aims to achieve both efficiency and justice, neither of which can
be pursued successfully without the other''. The Directive Principles of State
Policy also touches on other relevant issues such as the need to uphold the
dignity of the human person and the need to avoid discriminatory practices.
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It is relevant to point out that discrimination in all forms has existed in Human resource
human societies from time immemorial. For instance, a principle embodied in a management in
law which was passed in the USA in 1810 required that one should be a free Ghana
white in order to work for the government. However, the appointment of
Solomon J. Johnson in 1867 as the first recorded black Civil Servant to work
with the federal government reversed the application of this principle
(Rosenbloom, 1977, p. 52). 451
Employees sometimes complain about discriminatory practices in
Ghanaian public organisations even if, admittedly, this is more subtle than
open. Where it exists discrimination is more likely to be based on gender,
ethnic and regional background than anything else. The point, though, is
that discrimination, in whatever form, if consistently applied, whether
advertently or inadvertently, could spell disaster for the political system.
Where this is based on ethnic or regional background in a multi-ethnic
society such as Ghana, it could breed suspicion, hatred and tension to the
detriment of national integration and development. The role of public
administration in stemming the tide of such negative and destructive
tendencies through purposeful and constructive policies cannot be over-
emphasized. Viewed from this direction, the provision of the Directive
Principles of State Policy, which stipulates that the State shall actively
promote the integration of the peoples of Ghana and prohibit discrimination
and prejudice on the grounds of place of origin, circumstances of birth, ethnic
origin, gender or religion, creed or other beliefs (article 35(5)), is instructive.
This and related provisions should be at the basis of human resource
management policy in Ghanaian organisations.
Laws and regulations
Our concern here is to discuss some of the implications of the status of the
Constitution as the supreme law of the land. The question put across by Finer
(1940) on the supremacy of constitutions is relevant to our discussion. He asks
`̀ if one element in the fundamentality of the Constitution is its paramountcy as
a regulator of political behaviour, how is this secured?'' In addressing this
question, Finer takes a firm position that a constitution would cease to be a
fundamental document unless its basic principles are impressed upon the
legislature, the executive and the judiciary. This point of view is to all intents
and purposes relevant to the orderly conduct of Ghanaian public
administration.
As the supreme law of the land, the Fourth Republican Constitution serves
as the ultimate point of reference or yardstick for determining the
appropriateness or otherwise of official conduct, government policies, existing
laws, rules and regulations, etc. With regard to existing laws, the Constitution
clearly states that laws that are inconsistent with its provisions `̀ shall to the
extent of the inconsistency, be void'' (Article 1 (2)). The implication is that when
existing laws, parliamentary acts, government legislations, rules and
regulations run counter to the letter and spirit of the Constitution, human
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IJPSM resource management activities and policies based on them could, to the extent
13,5 of the inconsistency, be regarded as void.
A number of issues obviously arise from the status of the Fourth Republican
Constitution described above. Foremost among them is whether existing laws
and regulations including those dealing with human resource management in
the Ghanaian public sector are consistent with the Constitution. The point is
452 that some of the laws and regulations of the country could be traced to as far
back as the colonial period. The Daily Graphic editorial (13 April 1999) on the
state of some of the country's laws is very apt. Accordingly, some of the laws
have `̀ become not merely obsolete, but are also anachronistic encumbrances on
our steady march in democracy and development.''
It can thus be said in conclusion that it is prudent in managing people in the
Ghanaian public sector to ensure that decisions, activities, policies and
practices are in consonance with the letter and spirit of the Constitution.
Recruitment and selection
The role of effective recruitment and selection to sound human resource
management has been stressed in the literature. This point of view has been
forcefully brought home by Wriston (cited in Foulkes and Livernash, 1982,
p. 43): `̀ I believe the only game in town is the personnel game. My theory is that,
if you have the right person in the right place, you don't have to do anything
else. If you have the wrong person in the job, there's not a management system
known to man that can save you.''
The merit system by which qualified employees are appointed or promoted
to job openings provides organisations with the opportunity to place the right
person in the right place. It is in line with this notion that the 1993 Civil Service
Law stipulates that `̀ No person shall be appointed to a Civil Service post unless
he possesses the qualifications approved for entry to that post.''
It must be pointed out, however, that the application of the merit system
described above is not as simple as it appears. Corruption, nepotism and other
forms of unethical practices invariably conspire against the application of this
system in developing countries. This unfortunate situation is borne out by a
survey of developing countries in this regard in which the authors (Gould and
Amaro-Reyes, 1983, p. 28) concluded that `̀ patronage and nepotism tend to fill
the ranks of the Civil Service with inept and incompetent individuals, thereby
lowering the productivity of public bureaucracies.'' This sums up the major
problem facing the Ghanaian public sector today with regard to recruitment
and selection of employees.
Recruitment and selection in the public sector also takes into consideration
the issue of social representation, otherwise referred to as representative
bureaucracy ± a term first used by J.D. Kingsley (1944) in his study of the UK.
Simply put, representative bureaucracy refers to a situation where the social
background of public officials is more or less a replica of what obtains in
society. The rationale for representative bureaucracy as advanced by Long
(1962, p. 71) is worth noting. He points out that; `̀ given the seemingly inevitable
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growth in the power of the bureaucracy through administrative discretion and Human resource
administrative law, it is of critical importance that bureaucracy be both management in
representative and democratic in composition and ethos.'' Ghana
Viewed from this direction, one would greatly appreciate the standpoint of
the Constitution which advocates that recruitment and selection into the
Ghanaian public sector should take into consideration the need for regional and
gender balance as well as the situation of the handicapped. 453
However, laudable as they are, the Ghanaian situation clearly indicates that
these constitutional prescriptions can only be effectively applied through an
affirmative action, a redistributive policy which can bring about equity in the
personnel system. For instance, a certain percentage of appointments could be
reserved for women, the handicapped and even regional groupings, especially
the disadvantaged, through an affirmative action.
Women and equal employment
Equal employment opportunity (EEO) refers generally to the right of all people
to seek and work in an environment that allows them to advance in their career
on the basis of merit, ability and potential unhindered (Byars and Rue, 1991). In
the USA the Equal Employment Opportunity Commission (EEOC) works to
ensure that organisations abide by the rules and regulations or equal
employment opportunity. It investigates cases of discrimination based on race,
colour, religion, sex, national origin, and handicap as well as equal pay
violations. Similarly in the UK, the Equal Opportunities Commission works
towards the elimination of discrimination and promotion of equal opportunity
for both men and women.
Discrimination against women generally conspires against their career
development. This problem is generally recognised and its implications for
development have made gender issues assume greater importance in recent
times. The focus of gender issues in Ghana today is to create the necessary
environment for women to be in the mainstream and play a more vigorous role
in the socio-economic activities in the country, especially in top decision
making. This point has not escaped the attention of the framers of the Fourth
Republican Constitution. The Constitution not only frowns on discriminatory
tendencies but also calls for the development of social, political and economic
opportunities for all citizens, including the disabled. In line with this spirit,
women are to be fully integrated into the mainstream of economic activities to
enable them to contribute effectively towards national development (article 36
(6)).
Issues raised by the Constitution in this regard which will enhance the lot of
women in their career development include the following:
. equal right to training and development;
. gender balance in recruitment;
. gender balance in appointment; and
. the needs of working mothers.
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IJPSM These are legitimate concerns which should be brought to bear on human
13,5 resource management practice in the Ghanaian public sector.
Human resource management activities and related provisions and articles
discussed above are presented in Table I.
Employee rights and welfare
454 The Constitution has addressed a number of issues with regard to employee
rights and welfare, an inclination which is very much in accord with the
concern of the human relation theorists who stress the need to treat workers
with consideration. Various experiments and experiences have consistently
confirmed that attention to employee needs and welfare invariably leads to a
productive work environment. This being the case, the tendency to treat
employee rights and welfare with careless abandon, as is usually the case in
Ghanaian public organisations, is, to say the least, a recipe for non-
performance.
A right, according to Mathis and Jackson (1991, p. 447) is `̀ that which
belongs to a person by law, nature or tradition.'' As the supreme law of the land,
the Fourth Republican Constitution provides, among other things, for equality
before the law, freedom from discrimination, the right to work under
satisfactory conditions, the right to receive equal pay for equal work, the right
to join or form a trade union, the right to leisure, the right of the aggrieved to
HRM activities and issues Issues raised through constitutional provisions Articles
Laws and regulations Supremacy of the Constitution 1(2)
Enactments made by Parliament 11(1b)
Enactments made under authority of Parliament 11(1b)
Rules and regulations 11(1c)
Existing laws 11(1d)
Common law 11(e)
HRD policy Respect for human rights 35(4)
Prohibition of discrimination and prejudice 35(5)
Gender balance in appointments 36(6b)
Regional balance in appointments 35(6b)
Eradicate corrupt practices and abuse of power 35(8)
Fair and realistic remuneration 36(2a)
Retirement age at 60 199(1)
Recruitment and selection No discrimination based on origin, gender, 35(5)
religion, etc.
Table I. No discrimination against the disabled 29(4)
Laws and regulations, Regional balance in appointments 35(6b)
HRM policy, Gender balance in appointments 35(6b)
recruitment and Equal access to recruitment 218(b)
selection, equal Women and equal Equal rights to training for women 27(3)
employment employment opportunity Gender balance in recruitment and appointments 35(6b)
opportunity and related Welfare of working mothers 27(1)
articles Facilities for children below school-going age 27(2)
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seek redress, and the right to assemble and take part in processions and Human resource
demonstrations. management in
That these have to a great extent influenced the nature and tempo of Ghana
industrial relations in the Fourth Republic is a fact that cannot be denied.
For instance, the main thrust of the government's salary rationalisation policy,
as carried out under the Price Waterhouse Report, is to put in place the
principle of equal pay for equal work. Similarly, employees in the Fourth 455
Republic freely assemble and embark on industrial actions such as are
characterised by frequent demonstrations without having to look behind their
shoulders. Also, the formation of a new labour group, the Ghana Federation of
Labour (GFL) on 28 April 1999, is a testimony to the determination of
employees to exercise their right to join or form a trade union as enshrined in
the Constitution.
The point to note here is that the more liberalised political system in the
fourth Republic has inevitably been accompanied by a more liberalised labour
front whose stock-in-trade is a system of rights which human resource
managers in Ghanaian organisations can ill afford to ignore
Compensation and benefits
The Fourth Republican Constitution has raised important issues which are
extremely relevant to compensation management in Ghana. Compensation is
generally viewed as consisting of three main forms, namely pay, incentives,
and benefits. Pay refers to the wages and salaries received by employees.
Incentives refer to other additional forms of reward such as bonus, e.g.
commissions and profit sharing. Indirect compensation, which comes in the
form of paid leave or vacation, health and other forms of insurance, free
medical care and retirement income is referred to as benefits.
That compensation issues are, generally speaking, the most sensitive among
the human resource management activities is a fact that cannot be denied. In
the view of Dresang (1984, p. 267) `̀ politics is involved in compensation more
than in any other dimension of public personnel management''. This point of
view is well exemplified by the Ghanaian situation where compensation is
easily the most vexing human resource management issue. And indeed there is
hardly any Ghanaian government, civilian or military, which has not had its
resolve and ability to govern seriously tested by industrial disputes which
more often than not are propelled by compensation issues.
Given the frequency with which they are ferociously drawn into its vortex,
compensation in the Ghanaian public sector may be aptly described as the
human resource manager's nightmare. The truth of the matter is that
compensation management in the Ghanaian public sector has been in a
complete mess for some time now. This can partly be attributed to lack of
concrete and systematic policies and guidelines as well as the tendency to
apply ad hoc measures and solutions to chronic compensation problems. The
net effect has been the inability of the Ghanaian public sector to operate
effectively within the principles of public compensation.
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IJPSM In the view of Dresang (1984), compensation in the public sector should be
13,5 guided by four key principles. First, the level of compensation must be such
that it can attract good employees. Second, the system must be perceived or be
seen by employees to be equitable. Third, it must operate in such a way as to
motivate employees to give their best. Lastly, compensation must take into
consideration the employer's ability to pay.
456 Measured against these principles, compensation management in the
Ghanaian public sector, as pointed out above, leaves much to be desired. The
fact is that not only has the system failed to attract qualified employees but
those who are already in the system tend to drift to the private sector and non-
governmental organisations (NGOs), or even leave the country altogether for
greener pastures elsewhere. The system is also fraught with inequities which
have predictably fuelled numerous industrial disputes, including the nine-
month old strike embarked upon by the University Teachers' Association of
Ghana (UTAG) from April to December 1995.
All these factors and others operating together have created a work
environment which hardly motivates employees in the Ghanaian public sector
to give their best ± interestingly, though the government would unfailingly
wave its red flag of `̀ ability to pay,'' so to speak, or a trump card if you will;
predictably of course, much to the chagrin of employees.
It is in this vein that one would greatly appreciate compensation-related
issues and prescriptions of the Fourth Republican Constitution. Certainly such
issues as fair and realistic compensation, equal work for equal pay, tax
exemption on retirement benefits, paid public holidays, paid maternity leave,
etc., which have been provided for in the Fourth Republican Constitution, are in
consonance with the principles of public compensation.
State of the economy
The state of the economy of a country and the policies pursued by the
government in this regard have some implications for human resource
management. The case of the USA, where the prevailing economic conditions
in the 1930s gave rise to some of the major employment laws in the country, is a
relevant example.
The link between the state of the economy and employee welfare can be
gleaned from the following economic objectives of Ghana, as contained in the
Directive Principles of State Policy in the Fourth Republican Constitution:
The state shall take all necessary action to ensure that the national economy is managed in
such a manner as to maximize the rate of economic development and to secure the maximum
welfare, freedom and happiness of every person in Ghana and to provide adequate means of
livelihood and suitable employment and public assistance to the needy (article 36(1)).
The state of the economy in the Fourth Republic has to be understood from the
point of view of World Bank and IMF-backed Structural Adjustment
Programme (SAP) which was introduced in 1984. This programme greatly
influenced policies during the PNDC era and continues to do so in the Fourth
Republic. Among other areas, the programme has affected policies on public
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expenditure pattern, investment, imports and exports, privatization, wages and Human resource
salary levels. Needless to say, these policies not only have direct and indirect management in
implications for human resource management in the Ghanaian public sector Ghana
but, as Sawyer (1990) rightly points out, such policies, imposed from outside,
tend to limit policy options of African countries. In other words, what is
implemented or ignored, per policy instructions imposed from outside, may
have implications for human resource management. 457
The fact of the matter is that, whether imposed from outside or not, the
government of the day takes full responsibility for the policies it pursues. In
that sense a quick glance at some of the economic policies pursued by the
ruling NDC government and their implications for human resource
management are germane to our discussion.
The main economic objective of the NDC government since coming to power
has been to stabilise the macro-economic environment to ensure economic
growth. This laudable objective has, however, not been realised due to
incessant inflation and low national output which have led to the fall of the
value of the cedi. With rising prices, and consequently a reduction in their
earnings, the trend naturally has been for workers to demand increased
salaries.
Events following the withdrawal of the value added tax (VAT) regime which
the government had planned to introduce in 1995 clearly demonstrate the link
between the state of the economy and human resource management. The
government had anticipated that the introduction of VAT would yield some
revenue which could improve its ability to meet the demands of workers for
salary increases. But as it turned out, the withdrawal of VAT became
necessary as a result of major deficiencies in the planning and implementation
of the programme, especially in the area of public education.
This, however, was not without cost. It further weakened the capacity of the
government to meet its obligations. President J.J. Rawlings pointed out the
dilemma of the government in this regard in his sessional address to
parliament on 12 January 1996, when he observed that `̀ we have paid a heavy
price for this. Anticipated revenue fell far short of expectation, limiting the
government's ability to absorb the demands of its employees.''
Also even a cursory glance at the Structural Adjustment Programme (SAP)
and some of the policies carried out under it would reveal its impact on HRM
generally, especially in the area of employee welfare. Considering its impact
such as the removal of subsidies, unemployment, child labour, housing
problems and the difficulty which employees and Ghanaians in general go
through to meet education, health and utility bills, the TUC has concluded that
the SAP is a failure.
The position of the TUC in this regard is summed up by the Secretary-
General, Mr C. Appiah Adjei, in an address he delivered on the occasion of the
May Day celebration on 1 May 1999: `̀ We note with regret that the current
social and economic situation in Ghana is a grim record of failure or inability of
the structural adjustment policies to succeed'' (Free Press, 7 May 1999, p. 5).
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IJPSM This brief survey has clearly established the fact that human resource
13,5 management is inextricably linked up with the fortunes of the state of the
economy. Therefore, the issues raised by the Fourth Republican Constitution,
including the welfare, freedom and happiness of citizens, suitable employment,
adequate means of livelihood, fair and realistic compensation, increased role of
the private sector and opportunities for foreign investment, are not only
458 relevant but instructive.
Human resource development
Human resource management in public organisations does not take place in a
vacuum. It is influenced by several factors, some of which have been discussed
above. One critical area which will determine whether the government, and for
that matter public organisations, will be in a position to recruit and retain
competent workforce borders on the nature, type and quality of educational
programmes we develop. The concern here, viewed in a holistic sense, is that of
human resource development which has been defined by Harbisson and Myers
(1964, p. 2) as `̀ the process of increasing the knowledge, the skills and the
capacities of all people in the society''.
Prescriptions and issues on human resource development raised by the
Constitution include the following: provision of educational facilities at all
levels, free and compulsory universal basic education (FCUBE), development of
free vocational training, equal access to pre-university and opportunity for life-
long learning.
It is relevant to point out that human resource development in Ghana has
been facing two major problems since the mid-1960s. First is the lack of skilled
personnel in certain critical areas of the Ghanaian economy. This is mainly due
to lack of funds to provide the necessary training at home or abroad. Second is
the over-emphasis on liberal education which has ironically created a surplus in
certain categories of skills. This problem is compounded by insufficient labour
market information as well as lack of collaboration between educational and
training institutions responsible for skill development and Ghanaian
organisations in need of such skills. This unfortunate situation has inevitably
impacted on both quantitative and qualitative human resource development in
Ghana. The net result, as pointed out by Gamey (1994), is that most of the
estimated 230,000 school leavers who enter the labour market each year from
our educational and training institutions lack the requisite skills.
These lapses are among the concerns which gave rise to the educational
reforms in Ghana since 1987. The objectives of the reforms, as stated by the
Ministry of Education in the guidelines on secondary education among others,
are `̀ to provide an increasing number of basic education leavers with the
opportunity for education at a higher level to such an extent that the variety of
relevant occupational skills they would be equipped with will have a definitive
impact on national manpower requirements''.
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This brief survey of human resource development in Ghana clearly points to Human resource
the relevance of the following prescriptions by the Fourth Republican management in
constitution: Ghana
. provision of educational facilities at all levels;
. free compulsory universal basic education (FCUBE);
. development of vocational training; 459
. equal access to pre-university and university education;
. opportunity for life-long learning.
Human resource management activities and related provisions and articles
discussed above are presented in Table II.
Work environment
The relationship between the work environment and productivity has been
amply dealt with in management and organisational behaviour literature. An
environment can be described as that milieu in which an organisation exists
and operates, and to which it responds (Mintzberg, 1979, 1983). Our concern
about the nature of the work environment arises from the fact that productivity
or employee output largely depends on it. A productive work environment is
that which motivates employees to show commitment and give their very best
towards the realisation of organisational goals.
HRM activities and issues Issues raised through constitutional provisions Articles
Employee rights and welfare Right to work under satisfactory conditions 24(1)
Right to receive equal pay for equal work 24(1)
Right to join or form trade union 24(3)
Right of the aggrieved to seek redress 23
Right to rest and leisure 24(2)
Right to work for limited hours 24(2)
Role of CHRAJ 218
Compensation and benefits Fair and realistic compensation 26(2a)
Equal pay for equal work 24(1)
Tax exemption on pension earnings 199(3)
Paid public holidays 24(2)
Paid leave to women before and after childbirth 27(1)
State of the economy Welfare, freedom and happiness of citizens 36(1)
Suitable employment 36(1)
Adequate means of livelihood 36(1)
Fair and realistic compensation 36(2a)
Increased role of the private sector 36(2b) Table II.
Opportunities for foreign investment 36(4) Employee rights and
Human resource development Educational facilities at all levels 38(1) welfare, compensation
Free and compulsory universal basic education 38(2) and benefits, state of
Development of free vocational training 38(3b) the economy, human
Equal access to pre-university/university education 38(3a) resource development
Opportunity for life-long learning 38(3c) and related articles
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IJPSM Guy (1992) has identified two types of work environment, namely distal and
13,5 proximal. The distal environment is external to the organisation and consists of
political, economic, legal and social influences which tend to affect employees'
sense of pride as members of the organisation. The distal environment includes
media coverage, political campaign rhetoric and the opinion held by the public
with regard to the mission of the organisation. The proximal environment, on
460 the other hand, refers to the general atmosphere existing at the workplace such
as the nature and quality of communication, level of trust and frankness, norms
that guide employee behaviour, nature of the relationship existing between the
organisation and its clients or customers, infrastructure, etc.
Productivity is generally looked at from three levels, namely, the individual,
the organisation, and the state (Mathis and Jackson, 1991). The difference
between the productivity of employees in the industrialised nations marked by
high productivity and that of employees from developing nations marked by
low productivity has long been recognised. Like the situation in many
developing countries, productivity in Ghana at the individual, organisational
and state levels leaves much to be desired. While this can be attributed to a
number of factors, it is all too clear that the work environment in Ghanaian
public organisations is generally inimical to employee productivity.
The Ghanaian situation also exemplifies the generally held notion that the
private sector possesses a more conducive environment for increased
productivity than the public sector (Ammons, 1992). As a matter of fact, the
inclination towards privatisation in Ghana today is mainly fuelled by this
belief.
Successive Ghanaian governments have understandably shown concern
over issues that border on employee productivity. The ruling NDC government
has, for instance, come out with Vision 2020, a programme of action aimed at
making Ghana attain a middle income status by the year 2020. However, from
all indications, the attainment of this objective depends on effective resource
mobilization which very much depends on employee productivity (Abdulai,
1998).
Prescriptions and issues raised by the Fourth Republican Constitution, and
specifically provisions on effective management of the economy, fair
compensation as a means to induce productivity, an environment for higher
productivity, enabling an environment for the private sector and participation
of workers in decision making (see Table III), are very relevant to the
development of a productive environment in Ghanaian organisations.
All said and done, the totality of the human resource management
prescriptions and issues raised by the Fourth Republican constitution, as
discussed in this paper, can significantly improve the work environment in
Ghanaian organisations if adhered to or properly addressed.
Commission for Human Rights and Administrative Justice (CHRAJ)
The constitution provides for the establishment of the CHRAJ by Parliament.
The CHRAJ is headed by a commissioner supported by two deputies. They are
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HRM activities and issues Issues raised through constitutional provisions Articles Human resource
management in
Work environment and Effective management of the economy 36(1) Ghana
productivity Fair compensation to induce productivity 36(2)
Environment for higher productivity 36(2a)
Enabling environment for the private sector 36(2b)
Participation of workers in decision making 36(11) 461
The role of CHRAJ Investigate complaints on human rights 218(a)
Complaints on abuse of power and unfair 218(a)
treatment
Complaints on unfair recruitment process 218(b)
Allegations of corruption and embezzlement 218(e)
Independence of the Commission 225
Decentralisation Transfer of power to local government 240(2a)
Means to manage and execute policies 240(2b)
Accountability of local government authorities 240(2e)
Effective control of local government employees 240(2d)
Ethical issues Avoidance of conflict of interest 284 Table III.
Declaration of assets and liabilities by public 286 Work environment and
officials productivity, the
Judicious use of discretionary power 296 role of CHRAJ,
Eradication of corrupt practice and abuse of 35(8) decentralisation, ethical
power issues and related
Investigations on unfair recruitment 218(b) articles
statutorily mandated by Act 456 as constituting the Commission. There are, in
all, four departments in the commission, namely: legal, operations,
administration, and finance. One deputy commissioner is responsible for the
legal and operations department and the other for the finance and
administration department. In addition to the national headquarters in Accra,
CHRAJ has offices in all the capitals of the ten regions and in 32 out of the 110
districts in the country. The functions and powers of the Commission are
derived mainly from the 1992 Constitution and the Commission on Human
Rights and Administrative Justice Act, 1993 (Act 456).
The functions of the Commission, as specified under article 218 of the 1992
constitution, include investigations into complaints on violations of
fundamental human rights and freedoms, injustice, abuse of power, unfair
treatment by public officials, unfair recruitment and selection practices, unfair
behaviour and practices by persons, private organisations and other
institutions.
The Commission is also empowered to investigate all cases of corruption
and misappropriation of public funds by public officials and to take the
necessary steps. In order to remedy such situations as described above, the
Commission has been empowered to carry out negotiations for the purpose of
reaching settlements, bringing proceedings in a competent court and
reporting the conduct of offending officials or persons to their superior
officers.
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IJPSM The commission has also been mandated to organise workshops, seminars,
13,5 lectures and symposia to make the general public aware of fundamental human
rights and to create awareness on employee rights especially in job security. A
notable example is the Integrity workshop organised by the Commission in
Accra 20-21 October 1998.
A look at the functions of the Commission clearly indicates that it is very
462 much concerned with human resource management in Ghanaian organisations.
This explains why labour-related issues feature prominently in the complaints
received by the Commission. For instance figures quoted in the 1996 Annual
Report of the Commission indicate that, out of the 5,200 cases dealt with by the
Commission that year, 2,209 (representing 42 per cent) were labour related. The
cases covered varied issues, including dismissals, termination of appointments,
retirements, non-payment of pensions, gratuities or end-of-service benefits,
social security deductions, salary arrears, discrimination, suspension,
interdictions, promotions, demotions, sexual harassment, etc.
It can be concluded from this brief survey of its functions and activities that
the CHRAJ has, to a great extent, been well positioned to deal with human
rights as well as labour-related issues which border on employee rights and
welfare. That the commission is independent with its permanence guaranteed
by the fact that it is among the `̀ entrenched provisions'' of the Constitution and
can thus only be amended by cumbersome procedures including a referendum
is edifying indeed. However, after a careful analysis of its operations and
circumstances, one cannot but agree with the observation made by Oquaye
(1995) that the Commission faces the danger of being overstretched and
saddled by bureaucratic bottlenecks. Herein lies the challenge.
Decentralisation
Both governments and students of development administration have, since the
early 1970s, advocated decentralisation as a means of improving the
effectiveness of development programmes (Conyers, 1989).
In Ghana, the potential of decentralisation as a system that can enhance the
socio-economic development of the country has long been realised. As a matter
of fact, efforts towards the development of a decentralised system of
government go as far back as the colonial period when the British used this
system through the native administration structure which was an integral part
of a system of indirect rule in the then Gold Coast. Successive Ghanaian
governments have attempted, with varying degrees of success, to implement
decentralisation in Ghana.
Decentralisation in Ghana has, since the introduction of the Local
Government Law 207 and other legal instruments including Chapter 20 of the
1992 constitution, the Local-Government Act 462 of 1993 (which replaced the
Local Government Law 207 of 1988), received an added boost. Article 240 (1) of
the 1992 Constitution, for instance, states that Ghana shall have a system of
local government and administration which shall, as far as practicable, be
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decentralised. As Ayee (1992) rightly observed, the position taken by the Human resource
Constitution appears to be a refinement from that of the Second and Third management in
Republican Constitutions in this regard. Ghana
It is relevant to point out that past efforts towards decentralisation in Ghana
yielded little or no results due to a number of factors. We are, however,
concerned with those which bordered on human resource management in this
paper. A few examples will suffice to illustrate this point. For instance, even 463
though the district councils were empowered to carry out some functions under
NRCD 258, these were not accompanied by simultaneous transfer of
competence, a situation which rendered their operations ineffective. Besides,
personnel at the district councils became overstaffed as a result of the
recruitment of relatives and friends who proved incompetent, resulting in
administrative and financial indiscipline. In short, efforts towards providing
district councils with their staffing needs proved woefully inadequate and this
consequently affected their performance.
The current decentralisation programme is not without human resource
management problems. Among others, it faces the problem of poor quality of
staff at the district levels, refusal of qualified staff to accept postings to some of
the districts, especially the deprived ones where they are needed most, negative
attitude of personnel, and lack of incentives to attract qualified and skilled
personnel. Besides these problems, the transfer of the powers of appointment,
pay, promotion and disciplinary matters to the District Assemblies under the
Civil Service Law 1993 (PNDC Law 327) has brought human resource
management issues to the fore more than ever before.
One thus sees the relevance of the following prescriptions and issues raised
by the Constitution:
. transfer of power to local government;
. means to manage and implement policies;
. accountability of local government authorities; and
. effective control of local government employees.
Ethical issues
There has been a renewed global interest in ethical issues in recent times.
Consequently, unethical practices including corruption and fraud are being
given much more attention these days than before. Unlike the situation in the
past when interest in the subject focused mainly on the public sector, there
appears to be equal interest these days in unethical practices in the private
sector (Olowu and Rasheed, 1993).
Ethical issues are at the heart of public sector human resource management.
They are mainly concerned with fairness, justice, thoughtfulness and social
responsibility. For instance, public officials are regarded as the custodians of
public trust and are therefore expected to exhibit the highest standard of ethics
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IJPSM and accountability. In other words, their conduct should be guided by such
13,5 traits and characteristics as loyalty, discipline, integrity, honesty,
confidentiality and impartiality.
Unfortunately, however, the experience of African countries clearly points to
a serious degeneration of public ethics and accountability. Shellukindo and
Baguma (1993) have attributed this unfortunate situation to a number of
464 factors including political corruption, lack of effective leadership, nepotism,
political patronage, harsh economic conditions, decline in the value of official
earnings and incessant demands from the extended families of public officials.
A study carried out by Woode (1994) has also confirmed that ethical violations
in Ghanaian businesses and public administration can be attributed to these
factors, among others.
The unfortunate circumstance of African countries described above has led
to a situation where, instead of serving as agents of development, public
officials have, in many instances, rather turned the clock of progress
backwards through unethical practices. Shellukindo and Baguma (1993) have
presented a vivid picture of the extent of degeneration of ethics among African
professionals when they pointed out that the situation is such that chief
accountants have become `̀ thief accountants'' and managing directors have
become `̀ damaging directors''.
The framers of the Fourth Republican Constitution were fully aware of the
consequences of degeneration of ethics on the development of the country.
They therefore included a number of articles dealing with ethical issues. As a
matter of fact, there is a complete chapter (Chapter 24) which deals with the
code of conduct for public officers.
Among the issues raised in this regard are conflict of interest, declaration of
assets and liabilities, use of discretionary power, corruption, abuse of power
and unfair recruitment. For instance, with regard to conflict of interest, which is
one of the problems facing the Ghanaian public service, the Constitution states
as follows:
A public officer shall not put himself in a position where his personal interest conflicts or is
likely to conflict with the performance of the functions of his office (article 284).
It can thus be concluded that not only are the issues raised by the Constitution
germane to the development of ethics and accountability in the Ghanaian
public service but the prescriptions put across can go a long way to bring about
fairness, justice and social responsibility.
Human resource management activities and related provisions and articles
discussed above are presented in Table III.
Conclusion
The role of human factors to the effective development of organisations has
been stressed in the literature. The widely held notion in the world of
management is that organizational success or failure can be traced mainly to
the human factor.
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It is all too clear that, in their effort to increase productivity and to improve Human resource
the living conditions of their people, African countries need to create a management in
conducive working environment under which employees can give their very Ghana
best. Unfortunately, however, the way and manner in which human resource
issues are generally handled on the continent leave much to be desired.
As far as the Ghanaian situation is concerned, even a cursory glance at
human resource management practice would reveal serious lapses in both the 465
public and private sectors, even though admittedly the situation in the former
calls for more concern. There is clearly the need to recognise the social needs of
workers and how they affect performance generally. These are issues which
were at the centre of the famous Hawthorne studies and which gave birth to the
human relations school.
Viewed from this direction, one would appreciate the prescriptions and
issues raised by the Fourth Republican Constitution and their implications for
human resource management as discussed in this paper. Besides serving as
important guidelines for human resource management policy, the prescriptions
have the potential to create a productive work environment.
References and further reading
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Erbert Foundation, Accra.
Afari-Gyan, K. (1995), The Making of the Fourth Republican Constitution of Ghana, Friedrich
Ebert Foundation, Accra.
Ammons, D.N. (1992), `̀ Productivity barriers in the public sector'' in Holzer, M. (Ed.), Public
Productivity, Marcel Dekker, New York, NY.
Ayee, J.R.A. (1992), `̀ Decentralisation under Ghana's Fourth Republican Constitution'', The
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Bradley, A.W. and Ewing, K.D. (1993), Constitutional and Administrative Law, 11th ed.,
Longmans, London.
Byars, L.L. and Rue, L.W. (1991), Human Resource Management, Irwin, Homewood, IL.
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13,5
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