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Opinions of Monday, 25 May 2009

Columnist: Essel, Ato

Ghana's War On Narcotic Drugs

, What President Mills And His Government Must Do.

My main goal for this presentation is to contribute to the search for the best solution to an imminent cancerous and contagious catastrophe (narcotic drugs) which has the potential of eroding the very moral and social fiber of our generation and those yet to come. I am neither in any mood to play the blame game, nor do I expect to earn any academic credit and reward as a consequence for this submission. My intention is also not to lecture readers, but rather to complement what has already been done and continue to be done in our effort to confront and defeat a common public enemy which is personified by the unassailable pervasiveness of narcotic drug addicts in our beautiful Ghana.

I believe that this piece will go a long way to help policy decision makers who have been given the responsibility to transform Ghana’s Narcotic Control Board to make it more viable and operational in our quest to fight and defeat a common enemy. I know that day and night, there are dedicated and honest intelligence operatives who choose not to sleep so as to ensure that the greater majority of our people go about their businesses in a more peaceful, safe and secure environment. I am therefore confident that Ghana under the leadership of President John Evan Atta Mills will win back its international reputation and prestige. The President’s appointment of the likes of Col (rtd) Larry Gbevlo Lartey, Mr. Yaw Donkor, ACP Robert Ayalingo, and the recall of John Ndego and other Intelligence and Security officers who were prematurely retired, or forced to retire during the previous NPP Administration is a positive step in the right direction towards the fight against drugs. And I am even more confident that as one nation, and one people with a common destiny, Ghanaians generally have the will and the capacity to wage a relentless and ruthless war against the few public enemies for the greater good to prevail, and eventually restore our self esteem and dignity as a peace loving country.

The Manifesto for a better Ghana: By virtue of their electoral successes in the last general election the NDC government has the mandate to govern and lead our country for her development in all spheres of life. In other words, the Atta Mills presidency has the capacity to execute its party’s manifesto for the socio-economic development of Ghana. In this regard, I would like to reproduce portion of the National Democratic Congress (NDC) 2008 Manifesto for a better Ghana which forms the basis of my presentation. “Ghana’s notoriety as a political and economic leader has slipped – now it is famous for drug selling and drug use. Along the way, Ghanaians have become victims to the violent crimes drug bring. Combating this dirty and deadly business requires the full force of the law and powers of the state. The NDC will:

• Reverse Ghana’s image as an easy target for money laundering and drug transport point. • • Seize and forfeit assets of drug traffickers to meet national and international obligations. • • Ensure fair and equitable justice – not just for drivers and petty dealers but for barons and cartels and their powerful allies. • • Sentences will match the seriousness of the crime. • • Equip the security services and anti-drug agencies to confront sophisticated criminals”. • In deed, in the recent past, and specifically during the eight year rule of the NPP government, Ghana’s international reputation and pride was tainted by the increasing spate of narcotic drug activities apparently by certain self seeking Ghanaians (including high level government officials) and their foreign collaborators who solidified their criminal networks both in Ghana and abroad to the detriment of our country and people. As was once said by the former United Nations Secretary General, Javier Perez de Cuellar ‘the menace of narcotic drugs trafficking and its usage is like a ticking time bomb which is about to explode with disastrous consequences’. It is therefore incumbent upon all peace loving, and human centered individuals especially Ghanaians, and cooperate bodies to join the fight against narcotic drugs trafficking.

Overview of Narcotic Drugs Problem in Ghana and beyond: The menace of narcotic drugs in Ghana dates back to the pre-colonial era when marijuana was the main psychotropic substance that was known as the most commonly abused plant herb by some who use it as a form of depressant and or stimulant due to its chemical properties. With the advent of colonial rule, Indian hemp (as is popularly called) was classified as a prohibited commodity whose cultivation, possession, and use were punishable by law. However, as a result of local and global increasing availability, consumption, and abuse of other forms of controlled substances such as cocaine, heroin, methamphetamine, hashish, and a host of related harmful substances, which were hitherto unknown in Ghana and most parts of the world, it became extremely necessary for the international community under the umbrella of the United Nations to mobilize resources to forge a united front in the fight against an imminent global threat. In that regard, key international bodies were instituted under the United Nations Convention against Illicit Traffic in Narcotic Drugs and Psychotropic Substances to complement the activities of other related institutional structures which predates the era of the League of Nations. Among these bodies were the Commission on Narcotic Drugs, the International Narcotics Control Board (INCB), and the United Nations Drug Control Program. The above list is not limited to other international and national establishment aimed at combating illicit drug trafficking and its related crimes. The Commission on Narcotic Drugs is the independent and quasi-judicial control organ for the implementation of the United Nations drug conventions. It plays an important role in monitoring enforcement of restrictions on narcotics and psychotropic and in deciding which precursors should be regulated. The United Nations Drug Control Program was constituted to oversee the activities of all organs that were created to implement the articles of the UN convention which requires (INCB) to report annually to the Commission on the implementation of the Convention's restrictions.

At the national level, the Narcotics Control Board (NACOB) was created by the government of the Provisional National Defense Council (PNDC) under PNDC Law 236 of 1990 under the able leadership of former President Jerry John Rawlings. The primary function of the board is to serve as the most powerful national agency to ensure strict enforcement of Ghana’s drug laws as well as consolidate, and coordinate the government's drug war activities. By law, the board is to be headed by an executive secretary who shall report directly to the President through the Minister of the Interior. Over the years the board has been at the fore front of the war against drugs nationally and internationally. Especially, under the former Commissioner of Police/CID and Director of BNI who also doubled as the Coordinator of National Security during the PNDC/NDC era, Mr. Kofi Bentum Quantson, Ghana became the beacon of hope for the success of the fight against drugs not only in Africa but the world at large. However, with the level of sophistication of narcotics criminals and the increasing pace at which the narcotics drugs industry is growing, both by size and influence, it has become necessary for NACOB to be restructured and resourced for it to be able to confront new threats and challenges pose by drug lords and their syndicated collaborators.

A Restructured NACOB – Policy Considerations: As a matter of policy the following proposals are hereby outlined for consideration of government: President John Evans Atta Mills and the NDC government should without further delay initiate a legislative process to amend PNDC Law 236 to accommodate and reflect the following realities of the 21st century. The main policy change is to create a Narcotic Control Commission (National Commission on Anti-Narcotics) to replace NACOB. There shall be an eight member National Commission on Anti-Narcotics to be chaired by the Vice President. The rest of the members shall be:

• The presiding Judge of the National Narcotics Appeals Court (to be established)

• The National Security Coordinator

• The Minister for Defense

• The Minister of the Interior

• • Minister of Foreign Affairs • Minister of Justice and Attorney General • Commissioner of the National Commission for Anti-Narcotics • The Secretary to the cabinet. NACOB COMMISSIONERS: There shall be one Commissioner and three Deputy Commissioners for administration, Intelligence Research, and Operations respectively, of the National Commission for Anti-Narcotics to be appointed by the President. These individuals shall be responsible for the day to day administration and functioning of the commission both nationally and internationally. They shall have under them such qualified officers and personnel as they may require for a measurable, observable, cost effective, and timely achievement of the commission’s corporate objectives. Resources shall be provided from the consolidated fund for the efficient and productive running of the commission and its affiliate agencies both home and abroad. Regional Narcotics Control Agencies shall be established in all the regions of Ghana to be run and operated directly by the National Commission on Anti-Narcotics. The commissioner shall appoint Regional Directors who shall be responsible for the day to day running and operations of their respective regions, and shall report directly to the commissioner. The (3) three prong approach: Ghana as a country has come a long way. Therefore, the era when a handful police personnel (some of them may be drug dealers in disguise) and NACOB officials run through lorry parks, uncompleted structures, and public places of convenience to arrest and detain homeless, exploited and vulnerable, drug addicts while drug barons and cartels under camouflaged high profile public images live in their “castles and palaces” together with their collaborators and enjoy their ill-gotten wealth must be a thing of the past. For this to materialize there is the urgent need for the government, and for that matter, NACOB to establish a well resourced, clandestine counter-intelligence unit which shall dedicate its operations solely to high profile narcotics drug related counter- intelligence gathering, analysis, evaluation, and execution with speed without fear or favor. To ensure effective and efficient operation of the commission, there shall be three distinctive divisions to be created within its structure. 1. The Administration Division. 2. The Intelligence Research and Evaluation Division. 3. The operations and support services Division. The administration division shall be responsible for; Human Resources, (Recruitment, orientation, and Training), Capacity building and sustenance, Budget and finance (salaries, incentives and pensions), Equipments and logistics, Public education (demand reduction and abstinence), Drug addiction Research and Rehabilitation facilities. The Intelligence Research and Evaluation division shall be responsible for; Professional training and re-orientation, Intelligence gathering, Analysis and evaluation, Counter-surveillance, Vetting, interrogations and investigations, Prosecutions. The operations Division shall be responsible for robust nationwide; Combat operations, Verdict enforcement operations, Patrols - land, sea, and air, Apprehension, and detention, (snuffer dogs), Assets confiscations. Professionalism and occupational expertise shall be of highest priority when staffing the commission. In this regard, staff shall be drawn from the best of the BNI, CID, The Military Intelligence and Police, Selected well-trained and resourced personnel shall be a key to success (Army, Navy, Air force, and Police). Government must also commit adequate resources for the provision of state of the art equipments such as digital surveillance cameras, electronic eavesdropping tools and gadgets, as well as post modern scientific and technological methods such as forensic fingerprint, DNA Analysis and imaging, digital scanners ,and assess control facilities that will help create and sustain a more sophisticated but highly confidential anti drug state apparatus that will meet the challenges of the 21 century and beyond. Legal and Constitutional Framework: By legislative procedure and due process of law and established rules and regulations, government shall: create a National Narcotics Court of Appeal with concurrent powers parallel to the Court of Appeals, create Regional Narcotics Tribunals with the powers of a high court, institute the death penalty and life sentences for narcotic drug traffickers (barons and cartels). Death penalty for importation, exportation, and distribution of quantity of 20 grams or more. Life sentence for attempted importation, exportation or distribution. In all cases there shall be total confiscation of identified property (ies) of convicted drug dealers without negotiation. Also, government should institute stringent Assets confiscation laws to deprive drug lords and their cohorts of their ill- gotten wealth both landed and otherwise, grant the narcotics control commission the powers of arrest, detention, interrogation, investigation, and prosecution of drug offenders, and confiscation of drug wealth to the state. The President in consultation with the Judicial Council shall appoint a Judge of the Appeals Court of Ghana who shall be the supervising Justice for the National Narcotics Court of Appeals and all the Regional Narcotic Tribunals. Judges shall be appointed by the President in consultation with the Judicial Council to administer justice at the Regional Narcotics Courts. All Regional Justices of the Narcotics Courts shall draw their salary and benefits from the mainstream state consolidated fund as stipulated by law. Global Cooperation and Initiatives by the International Community: The NDC government under President Atta Mills should as a matter of urgency incorporate the sovereign desire and willingness of the government to fight and win the drug war in Ghana’s foreign policy. Government should strengthen its collaborative and partnership ties with countries that have proven over the years that they can be trusted and relied on in the fight against drugs. On the other hand, government should state clearly its contempt for countries and leaders who harbor drug lords and their cohorts through overt and covert manipulation of political power. The Door-to-Door Crusade from the top-down: It is said that integrity is being consistent with what is morally and ethically right. Personalizing integrity is giving the best of one’s self for the sake of the common good. To demonstrate this virtue within the context of the war on drugs, President John Evans Atta Mills and his Vice John Dramani Mahama (the two Johns) must constantly be seen and heard by the public to be waging the war themselves by their words and deeds. They should not spare the rod when any member of their government is found guilty through the due process of law of narcotic drug activities. All government functionaries must actively engage themselves in the war against drugs at the least opportunity. There shall be a well-crafted, concise, and appealing catch words and phrases that will constantly run through all public speeches, conversations, and engagements by government functionaries. In this regard, government should partner with genuinely likeminded and credible corporate bodies and individuals such as the clergy, Imams, traditional leaders, technocrats, opinion leaders, celebrities (sports personnel, musicians) health experts and professionals, as well as civil society. In a large measure, government functionaries must consistently saturate the media wavelength and lead the crusade by their pronouncements and actions, especially during their interactions with the larger society. This must be seen and heard repeatedly, and ought to be measurable and evaluated over a period of time through the mass media, public interactions, and feed back. Together let us declare that narcotic drugs activities with all its ramifications are crimes against humanity and therefore need to be condemned without negotiations. The path of change for a better Ghana: It is my prayer and hope that as we embark on the path of change for a better Ghana, we will not only embrace the principles of participatory openness which encourages people to speak out against unjust practices and lack of public accountability, but more importantly, we also, as individual citizens and government functionaries in various capacities, shall inculcate in ourselves, among other things, reflective openness which will enable us to challenge our own thinking, to recognize that any certainty we have is at best a hypothesis about the real world, and any solution we may have is at best, an approximation which is always subject to improvement as we seek solutions for a better Ghana.

The assumption that government functionaries always know what is best is a false assumption which is fraught with problems, and inexplicable civil disobedience and disillusionment. Under democratic dispensation when political power and authority emanate from the will of the people, the stakes are very high due to individual competitiveness and frequent elections of public office holders. As a party in government, and in power, the National Democratic Congress (NDC) shall be judged by Ghanaians for doing what we should not do, and not doing what we should do. We must therefore be swift to listen, slow to speak, and whenever possible we must reserve our comments. We must also be open to consensus building through negotiations without sacrificing our core values and principles as social democrats. The goal is not to win the argument but to find the best sets of solutions. This is because there is no single solution to any given problem. That is why we need to embrace and develop a muti-disciplinary mindset in strategy and execution of the various battles we fight in this war of survival. There is no time to spare because the stakes are very high and the consequences for our inaction are more dreadful than we can ever imagine.

That notwithstanding, I am confident, that Ghana’s war against narcotic drugs is winnable, and must be won not by living in our past glories, or shifting responsibilities to future generations. This is our time and moment and we need to act and act swiftly, it is now or never. With a sense of urgency let us join the fight in our own small ways in whatever shape or form because together we can make a big difference for a better Ghana. God bless you, and may God continue to bless our homeland Ghana. Adieu !!

By Ato Essel (Massachusetts, USA). http://atoessel-1.blogspot.com atok108@yahoo.com