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TITLE: GHANA HUMAN RIGHTS PRACTICES, 1993
DATE: JANAURY 31, 1994
AUTHOR: U.S. DEPARTMENT OF STATE
GHANA
On January 7, Flight Lieutenant (retired) Jerry John Rawlings,
who had seized power from an elected government on December 31,
1981, became the first President of the Fourth Republic, a
nascent constitutional democracy. This transformation ended
11 years of authoritarian military rule by the Provisional
National Defense Council (PNDC), under Rawlings' chairmanship,
but it did not end controversy over the legitimacy of the new
Government. Flight Lieutenant Rawlings won the November 1992
presidential election with 58 percent of the vote as the head
of a three-party coalition led by his own National Democratic
Congress (NDC). Despite irregularities, most notably an
inaccurate voters' register, the international groups
monitoring the election accepted the validity of the outcome.
However, four opposition parties claimed massive fraud in the
presidential election and boycotted the December 1992
parliamentary elections, leaving the President's coalition in
full control of the Parliament and the Government.
The new Constitution, which went into effect January 7,
provides for a system of checks and balances, with an executive
branch headed by the President, a unicameral Parliament, an
independent judiciary, and several autonomous commissions, such
as the Commission for Human Rights and Administrative Justice.
The several security organizations report to various
departments of government. The police are responsible for
maintaining law and order and come under the jurisdiction of an
8-member Police Council. The Bureau of National Investigation
(BNI), under the Minister of Interior, handles most cases of a
political nature.
Although Ghana is attempting to rebuild its industrial base
after years of economic mismanagement, more than 60 percent of
the population still draws its livelihood from subsistence
agriculture. Gold, cocoa (and cocoa products), timber, and
energy are major traditional sources of export revenues.
Annual economic growth has averaged 4.5 percent since the
inception of an economic recovery program in 1983, but there
has been slow progress in privatizing the 181 state-owned
enterprises.
While it was too early to judge whether the rule of law and
democracy would flourish in Ghana after 11 years of
authoritarian rule, the human rights situation improved in
1993. The Government began a dialog with the main opposition
party and there was widespread acceptance of and support for
the new Constitution. It contains particularly strong
provisions in support of human rights, and the independent
press, human rights monitoring groups, opposition parties, and
the judiciary acted as vigilant constitutional watchdogs during
the year. The Supreme Court, in particular, demonstrated
independence from the executive in four cases involving
opposition party grievances. Except for the journalist,
Gershon Dompreh, who continued to serve a prison sentence for
"economic sabotage," there were no known political detainees or
prisoners being held by the authorities at year's end.
Societal discrimination and violence against women remained
significant problems.
RESPECT FOR HUMAN RIGHTS
Section 1 Respect for the Integrity of the Person, Including
Freedom from:
a. Political and Other Extrajudicial Killing
There was one report of an extrajudicial killing. On July 6,
the authorities arraigned a police inspector and a constable
from Elmina police station on a charge of murder for the June 7
death of a prisoner who allegedly died as a result of a
beating. The police officials were released on bail pending
trial, which at year's end had still not taken place.
At the urging of journalist and political activist Kwesi Pratt
(see Section 1.e.), the police expressed willingness to
investigate allegations of extrajudicial killings in the early
years of PNDC rule. Pratt was invited by the Commissioner of
Police to assist in the investigations, and he agreed to
provide the police with lists of names of victims and the
circumstances of their murder. At year's end, however, Pratt
was still insisting upon the establishment of an independent
committee of inquiry.
b. Disappearance
No politically motivated disappearances were reported.
c. Torture and Other Cruel, Inhuman, or Degrading
Treatment or Punishment
The Constitution states that the dignity of all persons shall
be inviolable and that no one shall be subjected to torture or
other cruel, inhuman, or degrading treatment or punishment, or
any other condition that detracts from his dignity and worth as
a human.
There are occasional reports of police beating detainees. In
the case noted above, a police inspector and a constable
allegedly beat a suspect until he became unconscious; the
suspect later died in the hospital.
Prisons in Ghana are antiquated and seriously overcrowded.
There were no reports of deaths caused by prison conditions.
d. Arbitrary Arrest, Detention, or Exile
The new Constitution provides protection against arbitrary
arrest, detention, or exile and states that an individual
detained shall be informed immediately, in a language he
understands, of the reasons for his detention and of his right
to a lawyer and to an interpreter, the latter at state
expense. The detainee shall be arraigned within 48 hours.
The court has unlimited discretion regarding the setting of
bail. It may refuse to release prisoners on bail and instead
remand them without charge for an indefinite period, subject to
weekly review by judicial authorities. However, the
Constitution requires that a detainee who has not been tried
within a "reasonable" time shall be released either
unconditionally or subject to conditions necessary to ensure
that he appears at a later date for court proceedings.
As far as is known, after the release of many political
detainees in 1992, the Government held no political detainees
at the end of 1993.
The Government does not practice forced exile. In recent
years, the Government has quietly encouraged Ghanaians,
including dissidents with valuable skills, who are living
abroad to return; in some cases the Government has offered
amnesty. Some former government and PNDC officials have
returned and resumed careers and political activities without
difficulty.
e. Denial of Fair Public Trial
The judiciary is in transition as the former public tribunals
are being phased out as they finish pending cases. The
Constitution establishes two basic levels of courts: superior
and lower. The superior courts include the Supreme Court, the
Appeals Court, the High Court, and regional tribunals.
Parliament may decree lower courts or tribunals. The regional
tribunals have not been created yet. The Constitution requires
that the chairman of a regional tribunal be qualified to be a
High Court judge, whereas the public tribunals depended largely
on chairmen with little or no legal experience. A decision by
a regional tribunal may be appealed to the Court of Appeal;
whereas no appeals were permitted from the public tribunal
until 1985, when the National Appeals Tribunal was created.
Legal safeguards are based on British legal procedures.
Defendants are presumed innocent, trials are public, and
defendants have a right to be present, to be represented by an
attorney, to present evidence, and to cross-examine witnesses.
The Constitution provides for a Commission for Human Rights and
Administrative Justice to investigate alleged violations of
human rights and take action to remedy proven violations. The
Human Rights Commission was sworn in in October. By year's
end, it had begun hiring legal and investigative staff and
recruiting for branch offices in all 10 regions of Ghana, and
for some district offices in each of the 10 regions. The
Commission has subpoena power. When the Commission finds
evidence of a human rights violation or administrative
injustice, it can seek resolution through negotiation, by
making its findings known to the superior of an offending
person or to the Attorney-General or Auditor-General, or by
instituting court proceedings.
The traditional courts will continue to operate alongside the
regular courts. The Chieftaincy Act of 1971 gives village and
other traditional chiefs powers in local matters, including
authority to enforce customary tribal laws dealing with such
matters as divorce, child custody, and property disputes.
In the past, there were grave doubts about the independence of
the judiciary. The PNDC summarily dismissed judges, thereby
reminding them that they served at the PNDC's sufferance.
However, in the first year of the Fourth Republic, the
judiciary exhibited the independence provided for in the
Constitution. The Supreme Court ruled in favor of the major
opposition party, the New Patriotic Party (NPP), in 4 of 5
cases that it brought against the Government. A Supreme Court
judge also granted the NPP an injunction ordering the Electoral
Commission to delay the elections of district chief executives
pending a decision in another suit brought by the NPP.
As far as is known, the Government had released most of its
political prisoners by year's end. However, when Christian
Chronicle editor George Naykene was released in May, following
12 months in prison for criminal libel, he raised the case of
journalist Gershon Dompreh, who he said had served 6 years of a
20-year prison sentence for "economic sabotage." According to
Naykene, Dompreh's crime was publishing information about a
treaty between Ghana and Saudi Arabia.
On December 17, l992, the authorities arrested Kwesi Pratt and
Professor Albert Adu-Boahen, leader of the New Patriotic Party,
and charged them with obstructing a public tribunal for
refusing to testify on the grounds that they did not consider
the tribunal to be independent of government influence.
Adu-Boahen and Pratt remained free awaiting trial, and in July
the case was moved from the public tribunal to a regular
court. At year's end, it was still pending.
f. Arbitrary Interference with Privacy, Family, Home, or
Correspondence
Citizens engaged in activity deemed objectionable by the
Government are subject to surveillance. In the past, this
included monitoring of telephones and mail. The Constitution
provides that persons shall be free from interference within
the privacy of their home, property, correspondence, or
communication "except in accordance with the law and as may be
necessary in a free and democratic society for public safety or
the economic well-being of the country, for the protection of
health or morals, for the prevention of disorder or crime or
for the protection of the rights or freedoms of others." At
year's end, it remained uncertain how the Government and the
courts would interpret this broad article in practice.
Section 2 Respect for Civil Liberties, Including:
a. Freedom of Speech and Press
Freedom of speech is provided for in the Constitution, and this
right has been used by the opposition parties, the Ghana Bar
Association (GBA), the National Union of Ghanaian Students
(NUGS), and other nongovernmental organizations (NGO's). Since
the beginning of the Fourth Republic, there have been no
credible reports of government attempts to interfere with free
speech, although government-run media have experienced some
pressure for conformity.
The State dominates the print and electronic media. It owns
the radio and television stations and the two daily
newspapers. The official media accentuates the positive
aspects of government policies, although it also covers
selected instances of corruption or mismanagement in government
ministries and state-owned enterprises. In general, the
state-owned media do not criticize government policies or
President Rawlings. Four journalists with the government-owned
media were transferred in 1993 to jobs that were seen as
demotions. Many journalists and others believe the transfers
resulted from governmental displeasure with stories the
journalists had written or produced. As a result of this
perceived practice, self-censorship is a pattern in the
official media, and writers, editors, and commentators
recognize and rarely cross the boundary of acceptable reporting
and commentary. There were occasions when the government-owned
media carried editorials critical of the Government, but no
personal attacks were made on top officials.
Most Ghanaians obtain their news from the government-run
electronic media and British Broadcasting Corporation radio.
Under the Constitution, individuals are free to own radio and
television stations. There have been several applications for
licenses to operate private radio stations. However, no
licenses have been issued to date, and the electronic media
remain a government monopoly.
The independent press has multiplied with scores of new
independent newspapers and magazines outspoken in their
criticism of the Government, including personal attacks on the
President, his wife, and his close advisers. However, the
continued existence of the criminal libel law casts a shadow
over freedom of the press, and the independent newspapers and
magazines are small, poorly financed, and not widely
distributed outside the capital. Most are weeklies or appear
sporadically. While he was never charged, the editor of the
Free Press was questioned by the police concerning possible
criminal libel charges resulting from an article accusing the
Minister of Information and the First Lady of misusing
government funds.
Foreign periodicals are sold in Accra and other major cities.
Issues containing articles critical of the Government circulate
freely.
The new Government has not suppressed freedom of speech, press,
or academic freedom on university campuses. The NUGS, one of
the more vocal critics of the Government, is allowed to
organize and hold meetings (see Section 2.b.).
b. Freedom of Peaceful Assembly and Association
Freedom of peaceful assembly and association are provided for
in the Constitution. In the past, demonstrations were
generally allowed, but the organizers had to obtain a police
permit, which was sometimes denied. In February police broke
up a demonstration to protest the Government's budget due to
the organizers' failure to obtain a permit. The Supreme Court
later ruled in a case brought by the NPP that no police permit
is needed for demonstrations, parades, rallies, and other
peaceful assemblies. The Government made significant efforts
to publicize this ruling, and some demonstrations took place
without permits.
There were several student demonstrations critical of the
Government, but the police generally reacted with restraint.
The exception was when the police reacted with excessive force
to a student demonstration in March. One student was shot, but
not seriously wounded, and several others were beaten. The
police inquiry into the incident, while noting that the actions
of the students were illegal, concluded that it was difficult
to justify the use of force by the police. Releasing the
report, the Minister of the Interior announced that all those
who suffered injury during the violence would receive
compensation from the Government. At year's end, however, no
compensation had been paid, nor had any police been charged.
c. Freedom of Religion
There is no state-favored religion and no apparent advantages
or disadvantages attached to membership in any particular sect
or religion.
Just before the inauguration of Rawlings as President, the PNDC
repealed the law requiring religious organizations to register
with the Government. The law had been opposed by the Christian
Council and the Catholic Secretariat, the two largest religious
organizations in Ghana, and had been suspended for over a year
pending review.
Foreign missionary groups have generally operated throughout
the country with a minimum of formal restrictions, although
some churches continue to have difficulty obtaining visas and
residence permits for some of their expatriate missionaries.
d. Freedom of Movement Within the Country, Foreign
Travel, Emigration, and Repatriation
Ghanaians and foreigners are free to move throughout the
country without special permission. Police checkpoints exist
countrywide for the prevention of smuggling. However,
following PNDC orders in 1992, most checkpoints are routinely
left unmanned during daylight hours. After a series of
unresolved bombing incidents following the November 1992
presidential elections, the police stepped up daytime
monitoring of checkpoints. Roadblocks and car searches are a
normal part of nighttime travel in Accra.
As members of the Economic Community of West African States
(ECOWAS), Ghanaians may travel without visas for up to 90 days
in member states. Ghanaians are generally free to exercise
this right, and nationals of other member states are free to
travel to Ghana. Ghanaians are also free to emigrate and to
return from other countries.
Ghana has been faced with a growing refugee population since
Liberians fleeing civil war began to arrive in August 1990. By
June Ghana was hosting some 20,000 Liberian refugees. Most of
the new refugee population, as well as many transiting
third-country nationals also fleeing Liberia, were housed by
the Government with assistance from the United Nations High
Commissioner for Refugees (UNHCR) in a camp 20 kilometers west
of Accra. An undetermined number of refugees voluntarily
returned to Liberia. The estimated camp population was 13,000
at year's end.
During periods of increased tension in Togo in 1993, as many as
150,000 Togolese fled their country to seek refuge in Ghana.
They generally were received by relatives, and many moved back
and forth repeatedly across the border. Most are expected to
return to their country voluntarily when the tension eases.
Section 3 Respect for Political Rights: The Right of Citizens
to Change Their Government
Ghanaians exercised their right to vote in 1992. The election
outcomes were highly controversial. The Commonwealth
Secretariat, the Carter Center, the Organization of African
Unity, Canada, and members of the European Community sent
observers to the presidential elections in November. The
observers noted significant problems with the electoral process
(especially involving the voter registration list) but felt
that the irregularities did not affect the outcome of the
election. Rawlings won approximately 58 percent of the vote
and the four opposition parties won roughly 42 percent.
However, the opposition parties claimed that the presidential
elections had been fraudulent, and, insisting that any
subsequent election conducted under the same conditions would
be equally unfair, the four opposition parties boycotted the
December parliamentary elections. As a result, there are no
opposition party members in Parliament. Two seats were won by
independent candidates; the three parties in the coalition
supporting President Rawlings won the remaining 198 of the 200
parliamentary seats, with the President's party winning 188.
Thus, the Rawlings Government, while firmly in power, still
faced a significant political problem of dealing with a large,
bitter, extraparliamentary opposition. To help bring the
opposition into the political process, the Government promised
to reform the electoral system, especially the voters'
register, prior to the 1993 elections. The NPP agreed to a
dialog with the Government, and meetings took place in November.
At year's end, it was not clear whether the Government would
follow through to meet the opposition parties' concerns.
The Constitution prohibits discrimination on grounds of gender
and there are no de jure obstacles to women or minorities
participating in government. There are several female
ministers, and several women are on the Council of State.
Women make up 8 percent of the Parliament.
Section 4 Governmental Attitude Regarding International and
Nongovernmental Investigation of Alleged Violations
of Human Rights
Human rights organizations grew more numerous and vocal in
1993. Several, including the Committee on Human and People's
Rights and the Ghana Bar Association Human Rights Committee,
opened branch offices. A Human Rights Study Center was created
at the law faculty at the University of Ghana at Legon, and
human rights law took a more prominent place in the school's
curriculum. Seminars were frequently held by various
organizations to discuss human rights issues and often resulted
in public criticism of the Government. The Government did not
interfere with the activities of these groups.
In the past, the PNDC frequently expressed displeasure at
criticism of its human rights record from Ghanaian religious
organizations and international human rights advocates. In
1992 it permitted international observers to monitor the
elections. The Government permits prison visits by the
International Committee of the Red Cross.
Section 5 Discrimination Based on Race, Sex, Religion,
Disability, Language, or Social Status
The Constitution prohibits discrimination on the basis of
gender, race, color, ethnic origin, religion, creed, or social
and economic status. The courts are specifically empowered to
enforce these prohibitions.
Women
Although the PNDC promulgated in 1985 four laws that overturned
many of the customary, traditional, and colonial laws that
discriminated against women, Ghanaian women remain subject to
societal discrimination. Women in urban centers and those with
skills and training encounter little overt bias, but resistance
to women in nontraditional roles persists. Women in the rural
agricultural sector remain subject to traditional male
dominance and bear the brunt of difficult labor conditions.
Violence against women (including rape and wife beating) is a
significant problem. Police do not normally intervene in
domestic disputes, and such cases seldom come before the
courts. In an effort to reduce the incidence of rape, the
Government increased the minimum penalty for rape from 1 year
to 3 years plus a fine or an additional 3 years' imprisonment.
The media sometimes reports cases of women who have been
beaten, raped, or otherwise assaulted. Women's rights groups
are active in educational campaigns and in programs to provide
vocational training, legal aid, and other support to women.
The Government is also active in educational programs in
support of women's rights.
Children
The Government has established a National Commission on
Children which has instituted several programs, including
efforts to improve the nutritional value of food for children,
literacy courses, and establishment of parks and libraries for
children. There are many NGO's that are active in health care
and education for children.
There is little or no discrimination against females in
education, but girls and women frequently drop out due to
societal, cultural, or economic pressures. Statistics show an
equal male/female ratio in school enrollments in grade 1, but
the ratio shifts to 2 to 1 against girls by grade 6, 4 to 1 at
the secondary level, and 9 to 1 at the university level. The
Government is testing programs to make it easier for girls to
stay in school despite outside pressures to drop out.
There are traditional discriminatory practices against females
which are injurious to their health and development. In
particular, the practice of female genital mutilation
(circumcision) remains a serious problem. The Government has
discouraged the practice in public educational campaigns but
has not made it illegal. Although there are no precise
statistics available, one independent expert estimates that as
many as 30 percent of Ghanaian females have undergone this
procedure. Local health officials, however, believe the
percentage is much lower. Such mutilation normally takes place
at an early age and is practiced mostly in the far northeastern
and northwestern parts of the country.
Found primarily in the Volta (eastern) region, the tro-kosi,
fetish slave, or "vestal virgin" system is a traditional
practice whereby a young girl is made a virtual slave to a
fetish shrine and priest for offenses committed by a member of
the girl's family. While there is much secrecy surrounding the
practice, the belief is that if someone in a family has
committed a crime, such as stealing, members of the family may
begin to die in large numbers unless a young girl is given to
the local fetish shrine to atone for the offense. The girl
becomes the virtual property of the fetish priest and may
become his wife. The girls are seldom allowed to go to school
and must work on the priest's farm and perform other labors for
him. When the fetish slave dies or reaches maturity, the
family is expected to replace her with another young girl for
the fetish shrine. The practice is clearly against Ghanaian
law. It persists, however, because of traditional practice and
deep-seated belief that families will suffer if the girls are
not handed over. Several NGO's and the National Commission on
Children have programs to provide education for the girls, and
there has been some minimal success in encouraging the
substitution of sacrificial animals in place of girls. One
estimate is that there may be 1,000 fetish slaves bound to
various shrines.
National/Racial/Ethnic Minorities
Although ethnic differences are played down by the Government,
its opponents occasionally complain that it is dominated by the
Ewe ethnic group from eastern Ghana. However, while President
Rawlings and a number of his close advisers are Ewe, many
ministers have other ethnic origins. The leaders of the
National Democratic Congress sometimes claim that the other
parties are "ethnic" parties and are attempting to arouse
ethnic rivalry. Although the main opposition party has strong
support among the Ashanti, overall the charges have little
credibility.
People with Disabilities
The Constitution prohibits discrimination against the
disabled. The Government has not enacted any legislation
mandating accessibility for the disabled.
Section 6 Worker Rights
a. The Right of Association
This right is restricted as the Trades Union Ordinance confers
broad powers on the Government to refuse to register a trade
union. However, in practice the PNDC did not and the NDC
Government to date has not interfered with the right of workers
to associate in labor unions. Civil servants are prohibited by
law from joining or organizing a trade union. However, on
December 30, 1992, the PNDC passed the Public Service
Negotiating Committee Law (Law 309, 1992), allowing each branch
of the civil service to establish a negotiating committee.
About 10 or 15 percent of workers belong to unions. Trade
unions and their activities are still governed by the
Industrial Relations Act (IRA) of 1965. The Trades Union
Congress (TUC) is the only existing confederation, though it
has no legal monopoly. In recent years, it has been led by
experienced union leaders who, aided by a revised union
constitution and bylaws, continued to define an autonomous role
for the TUC within the PNDC regime. During 1993 the TUC took a
somewhat more confrontational stance vis-a-vis the Government
and was quite critical of some of its economic policies.
The right to strike is recognized in law, but a legal strike
may be called only if negotiations and mediation fail. Because
no union has ever gone through the complete process, there have
been no legal strikes in Ghana since independence. University
teachers and Volta Aluminum Conpany workers staged major
strikes in 1993. The IRA prohibits retribution against
strikers, and this is enforced. There has been no progress in
implementing the Government's declared intention to establish
labor tribunals to arbitrate industrial disputes certified as
deadlocked.
The TUC is affiliated with the Organization of African Trade
Union Unity, headquartered in Accra. In December 1992, the TUC
was accepted as a member of the International Confederation of
Free Trade Unions.
b. The Right to Organize and Bargain Collectively
The IRA provides a framework for collective bargaining and some
protection against antiunion discrimination as well. Ghana's
trade unions engage in collective bargaining for wages and
benefits with both private and state-owned enterprises without
government interference. However, the Government, labor, and
employers negotiate together through a tripartite commission to
set minimum standards for wages and working conditions.
Employers found guilty of antiunion discrimination are required
to reinstate workers fired for union activities.
There are no functioning export processing zones.
c. Prohibition of Forced or Compulsory Labor
The law prohibits forced labor, and it is not known to be
practiced. However, the International Labor Organization (ILO)
continues to urge the Government to revise various legal
provisions that permit imprisonment with an obligation to
perform labor for offenses that are not countenanced under ILO
Convention 105, ratified by Ghana in 1958.
d. Minimum Age for Employment of Children
Labor legislation in Ghana sets a minimum employment age of 15
and prohibits night work and certain types of hazardous labor
for those under 18. In practice, child labor is prevalent, and
young children of school age can often be found during the day
performing menial tasks in the market or collecting fares on
local buses. Observance of minimum age laws is eroded by local
custom and economic circumstances that encourage children to
work to help their families. Violators of regulations
prohibiting heavy labor and night work for children are
occasionally punished. Inspectors from the Ministry of Labor
and Social Welfare are responsible for enforcement of child
labor regulations. They visit each workplace annually and make
spot checks whenever they receive allegations of violations.
e. Acceptable Conditions of Work
In 1991 the PNDC government convened a tripartite commission of
representatives of government, labor, and employers which
administratively set minimum standards for wages and working
conditions. The minimum wage rate combines wages with
customary benefits, such as a transportation allowance.
However, the existing daily minimum wage of roughly $0.95 (790
cedis) is insufficient for a single wage earner to support a
family. In most cases households are supported by multiple
wage earners, some family farming, and other family based
commercial activities.
The maximum workweek, by law, is 45 hours, with one break of at
least 36 consecutive hours every 7 days. Through collective
bargaining, however, the basic workweek for most unionized
workers is 40 hours.
Occupational safety and health regulations are in effect, and
sanctions are occasionally applied through the Labor Department
of the Ministry of Health and Social Welfare. However, safety
inspectors are few in number and poorly trained. They will
take action if matters are called to their attention but lack
the resources to seek out violations. Workers have the right
to withdraw themselves from dangerous work situations without
jeopardy to continued employment.
[end of document]
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