November 12, 2009 Along the Tema-Ouagadougou trade corridor bribery is the norm. Commercial drivers will set aside as much as GH¢200.00 to cover the bribes they will need to pay to police, customs and immigration officers during the journey. GH¢200.00 is a lot of money especially for many small traders. Why do commercial drivers resign themselves to paying these exorbitant bribes? At a recent workshop we held for stakeholders, onion sellers who transport their goods on the route gave us a resounding answer: because they see no other option. The sellers explained that they once refused to pay a bribe to police only to have their truck impounded. The owner then had to go to the police station and pay to retrieve the truck and cargo. In another instance, a driver trying to cross the border into Burkina Faso was asked to pay GH¢20 by the immigration officer at the border. When the driver offered to pay only GH¢15 he was detained in custody for 45 minutes until he finally agreed to pay the full amount. With consequences like that any rational person would rather pay the bribe and move along.
If refusing to pay the bribes is not an option, then what about reporting the crime after the fact? To our surprise, police and customs officers lamented that the public does not file complaints about instances of corruption. Again the onion sellers offered a compelling anecdote. On one occasion they filed a complaint with the Ghana Police Service's internal affairs bureau called the Police Intelligence and Professional Standards (PIPS). As a result, an undercover police officer accompanied them on their trips to investigate the allegations. The PIPS officer reported to his superiors on the bribery he witnessed which resulted in the transfer of several officers but no change in the bribery along the route. The onion sellers were disappointed to see that all their effort had accomplished nothing.
In the discussions that followed we probed further to identify other factors that deter the public from filing complaints. We worked through several case studies involving victims of corruption and asked participants to identify what complaint mechanisms are available to the victim and whether those mechanisms are adequate. Bribery and corruption are illegal under the Criminal Offenses Act, 1960 (Act 29), therefore, victims can go to the nearest police station to report the bribery as a crime. In addition, such behavior violates the code of conduct of police, customs and immigration for which officers can be disciplined through internal mechanisms. Finally, victims can sue the institution in court for harms they have suffered or file a complaint with the Commission on Human Rights and Administrative Justice (CHRAJ) which has a corruption mandate.
At the end of the exercise participants found the complaint mechanisms were deficient in many ways. First of all, most drivers are not even aware of the complaint mechanisms available. The less they know about the process the more daunting it is for them to take any action. Second, even if they know where to complain the process is not very accessible because of several factors including: distance, language, cost and time. Drivers are constantly in transit and they have to meet deadlines. Therefore, they do not have time to spend in police stations filing complaints. Victims can call in complaints to PIPS and to the internal affairs bureau of the Customs Excise and Preventive Services (CEPS). However, these hotlines are only manned during working hours and many instances of bribery occur at night. In addition, language is a barrier because many of the drivers on the route are French speaking. If the victim decides to file a lawsuit it will be expensive and time consuming. Finally, if the victim perseveres and files the complaint there is no guarantee that the complaint will accomplish anything. Unless the complaint is properly investigated and the officers are sufficiently disciplined, behavior will not change. So how can we improve these mechanisms to encourage people to complain? Participants suggested that police, customs and immigration each operate centralized 24-hour hotline with assistance available in English, Twi and French. The hotline should be publicized over the radio so drivers will know about it. Some participants suggested that the hotline should be operated by a non-governmental organization (NGO) who can take the complaints, file them with the appropriate service and then continue to follow-up on the complaints to make sure they are being investigated.
Of course getting the public to complain is only the first step. Once calls start coming in the most important thing is for the callers to feel that their complaint is being taken seriously. That means a commitment from the police, customs and immigration to investigate and discipline officers. Discipline doesn't mean just transferring officers- it must be serious enough to deter behavior and under the law can include reduction in rank, loss of salary and dismissal. Callers should be able to call back to check-up on their complaint. Callers should also be realistic and realize that not every complaint will result in dismissal of the officer. However, the more calls they make the more likely it will be that some of them will be resolved favorably. If drivers start seeing results they will gain confidence in the system and continue to report. After all, who wouldn't want to save 200¢GH by making a phone call?
To file a complaint about a GPS officer with the PIPS office call: 021- 773900
To file a complaint about a CEPS officer call: 021-668319
To file a complaint about a GIS officer call: 028-9556000 or 029- 9933505
Signed,
Legal Resources Centre
24-Hour Economy cannot succeed without data — GSS tells Parliament
Captain Smart declares bid for NDC parliamentary slot in Gomoa West
24-Hour Economy will promote prostitution – NPP Chairman warns government
US, Iran exchange airstrikes after Trump accuses Tehran of downing army helicopt...
BoG's $260 million building: It was Ato Forson who first proposed 'sell-and-leas...
'We have to do soul-searching' — Mahama orders nationwide flood assessment
Court orders woman beater to pay GHS5,000 compensation to midwife at Tema Commun...
Over 12,000 women living with obstetric fistula in Ghana — Asokwa MP
Mahama secures 1,840 farm equipment deal from Belarus
Titus Glover slams Mahama’s flood report directive, calls it “waste of energy an...
