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The Constitution Review Commission (CRC) has recommended that the presidential and parliamentary elections be conducted in November in subsequent election years after 2012 to facilitate smooth transitional processes.The Commission further proposed the expunging of the indemnity clauses of the 1992 Constitution which provide coup makers' immunity from prosecution.The recommendations according to a source, are contained in the final report of the CRC after two years of consultations on the amendment of the 1992 Constitution.The 1,000-page report is expected to be presented to the President, Prof. John Evans Atta Mills, on December 12, 2011.According to the source, after the document has been presented to the President, there would be the possibility of a referendum to amend some of the entrenched clauses in the 1992 Constitution.Among other key recommendations are the removal of the death penalty from the country’s statutes and the establishment of the National Development Planning Commission on non-partisan basis.Criminalising homosexuality and lesbianism (gay activities), which received an overwhelming endorsement during the consultative process, is also part of the proposals of the final report.After nearly 20 years of operating the 1992 Constitution, President Mills set in motion the process to review the strengths and weaknesses of the Fourth Republican Constitution to reflect the current demands of governance.The commission, inaugurated in January, 2010, was mandated to collate views of Ghanaians and articulate the concerns of the people on amendments that might be required for a comprehensive review.The commission was expected to make recommendations to the government for consideration and provide a draft bill for possible amendments to the Constitution.To that effect, the National Constitution Conference was held in April, this year, to deliberate on 12 thematic areas, including executive and legislative powers, judiciary and legal sector, and lands and natural resources.The source indicated that the probability of a referendum being conducted to amend such entrenched positions in the 1992 Constitution was about 95 per cent.It said another key recommendation was that the position of Metropolitan, District and Municipal Chief Executives (M/DCEs) should be an elected on partisan lines to curtail political influence, thereby deepening the decentralisation process and reducing corruption across the board.
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