The Minority Caucus in Parliament has called on all well-meaning Ghanaians including the Trades Union Congress (TUC), Civil Society Organisations (CSOs), traditional authorities, the clergy and all progressive forces to join its fight to reject government import restriction regulations.
In a press conference addressed on Wednesday, December 6 2023, the Minority leader, Dr Cassiel Ato Forson indicated that the rejection of the government-proposed legislation instrument to restrict the importation of some products would be in the supreme interest of the country.
Dr Ato Forson indicated that the National Democratic Congress and the Minority Caucus in Parliament are not against legislation or policy that seeks to protect indigenous businesses by regulating imports, however, it is rather opposed to the government’s proposed legislative Instrument as the proposed legislation confers ‘unfettered’ discretionary power on the Minister of Trade to issue import licenses and to restrict the quantity of certain imports into the country, without any checks and balances.
The Ajumako Enyan Essiam Member of Parliament further argued that the legislation when passed would breed ‘corruption’ and ‘cronyism’ which can easily be abused by government officials to create a monopoly for some few individuals in the country to the disadvantage of several citizens.
“As it is often said, power corrupts, but absolute power corrupts absolutely. Simply put, the proposed Import Restrictions Regulations of the failed Akufo-Addo/Bawumia NPP government, seeks to grant unchecked discretionary power to the Minister for Trade, to solely determine whether or not, to issue an import license to a person and to restrict the quantity of certain imports into the country, as he deems fit. The regulatory framework proposed by the LI is not only opaque but can lend itself to arbitrariness and abuse. This clearly, is going to be an avenue for extortion and corruption if allowed to stand”.
Dr Cassiel Ato Forson
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Moreover, the Minority leader, Dr Cassiel Ato Forson, alleged that the proposed regulations by the government seek to impose both an application fee and a license renewal fee on prospective importers.
He noted that such a practice would further impose an additional burden on businesses which are already suffering under an overburdened tax regime and bad policies of President Akufo-Addo and Vice President Dr Mahamudu Bawumia’s administration.
More so, Dr Ato Forson recounted that under circumstances where one fulfils the various requirements and pays the necessary application or renewal fees under the proposed legislation, the decision to issue or renew an import license rests solely with the Minister of Trade.
According to him, such practice could potentially lead to a situation where the Trade Minister would use such ‘unfettered’ powers to frustrate businesses of perceived political opponents.
The Minority leader further argued that the proposed regulations would breach natural justice as the legislation when passed would give the Minister of Trade the power to unilaterally determine a review application against his own decisions.
“It should be obvious to any discerning mind, that the excessive discretionary powers that the law grants a Minister for Trade, will allow him to subject the issuance and renewal of import permits to crony or state capture. If this law is allowed to pass, a Minister of Trade will be handed a blank cheque to deny those who are not in his good books, licenses and create powerful trade cartels that will monopolise the importation of these essential commodities. This has the potential to create supply disruptions and shortages of certain goods in the economy with its concomitant effects on inflation”.
Dr Cassiel Ato Forson
In addition, Dr Ato Forson refuted government claims that the proposed legislation when passed would promote local production of the ‘affected’ products and conserve foreign exchange for the country.
He stressed that the government has failed to outline any specific interventions or incentives to promote the local production of the various products listed under the proposed legislation.
“It is instructive to note that, currently, Ghana does not have any significant local capacity to produce some of the strategic products listed under the First Schedule of the proposed LI such as sugar, among others”.
Dr Cassiel Ato Forson
The Minority leader, however, argued that the proposed legislation when passed could lead to severe sanctions being imposed on Ghana by its trade partners and eventually affect the country’s exports as the proposed regulations breached some international trade treaties and protocols that Ghana is a party to.
“For instance, the regulations in their current form, contravene the World Trade Organisation (WTO) trade facilitation agreement, particularly on quantitative restrictions”.
Dr Cassiel Ato Forson
The Minority leader, Dr Cassiel Ato Forson thus, admonished that the right to import essential commodities into the country must not be limited to the ‘whims’ and ‘caprices’ of the Minister of Trade and Industry, or his deputy or a certain Import Permit Committee, which will be constituted by the Minister under Regulation (2) of the proposed regulations.
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