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TITLE: GHANA HUMAN RIGHTS PRACTICES, 1994
AUTHOR: U.S. DEPARTMENT OF STATE
DATE: FEBRUARY 1995
GHANA
Ghana continues its transition from a single-party,
authoritarian system to that of a constitutional democracy.
Flight Lieutenant (retired) Jerry John Rawlings became the
first President of the Fourth Republic, following the
controversial elections of 1992. This ended 11 years of
authoritarian rule under Rawlings and his Provisional National
Defense Council (PNDC), who had seized power from an elected
government in 1981. The Constitution calls 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. While acknowledging
irregularities, international monitors accepted the validity of
the election results. Four opposition parties, however,
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.
Several security organizations report to various government
departments. The police are responsible for maintaining law
and order and come under the jurisdiction of an eight-member
Police Council. The Bureau of National Investigation (BNI),
under the Minister of the Interior, handles cases considered
critical to state security. Allegations continue that police
have been involved in human rights abuses, especially in areas
remote from the capital. Although the security apparatus is
controlled by and responsive to the Government, monitoring,
supervision, and education of the police in particular are
poor. With the majority of the population illiterate and
unaware of their rights, human rights abuses such as beatings
and detention without charge still go unreported.
After years of economic mismanagement, Ghana is attempting to
rebuild its industrial base. More than 60 percent of the
population still draws its livelihood from the land. Gold,
cocoa, cocoa products, timber, and energy are major traditional
sources of export revenues. The Government is making slow
progress in its efforts to privatize state-owned enterprises,
and annual economic growth has averaged 4.5 percent since the
inception of an economic recovery program in 1983.
The number and severity of human rights abuses continued to
decline. The small but independent press, human rights
monitoring groups, and opposition parties were vigorous and
outspoken in criticizing various aspects of government policy.
However, the government-owned media, which reach by far the
largest audience, did not often criticize government policies.
Except for journalist Gershon Dompreh, who continues to serve a
prison sentence for writing a press article deemed to be
"economic sabotage," there are no known political prisoners or
detainees. Discrimination and violence against women, however,
remained significant problems, as well as abuses stemming from
pretrial detentions.
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. In April a
7-year-old boy from Adiembra in the Brong Ahafo Region died
after sustaining injuries during a joint police/military
frontier demarcation exercise. A police report said that the
operation had been peaceful, but following rumors of the boy's
death, the Government ordered BNI to investigate. The BNI
reported that there had been excesses, but failed to specify who was responsible. The Regional Administration found the
report inconclusive and ordered a new investigation.
On August 30, the High Court in Accra convicted the police
inspector and constable charged with beating a prisoner to
death on June 7, 1993, at Elmina of manslaughter but sentenced
them to only 18 months in prison. The journalist Kwesi Pratt
was unsuccessful in his efforts to persuade the Government to
investigate extrajudicial killings in the early years of PNDC
rule, despite police professions in 1993 of willingness to
investigate such killings.
b. Disappearance
There were no reports of disappearances.
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. Nonetheless, police continued to beat prisoners and
other citizens. The authorities stated that some abuses by
police were investigated but announced no results; there were
no known instances of police being tried and convicted for such
abuses.
Prisons are in most cases antiquated, and conditions are
extremely harsh. Most prisons are overcrowded; nutrition and
sanitation are poor. Although the Government has occasionally
commuted the sentences of ill or aged prisoners, failure to
provide adequate and timely medical care to prisoners has
resulted in deaths.
The Government allows monitoring of prison conditions by
members of the International Committee of the Red Cross.
d. Arbitrary Arrest, Detention, or Exile
The Constitution provides protection against arbitrary arrest,
detention, or exile, and it 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. It also
requires judicial warrants for arrest and provides for
arraignment within 48 hours. In practice, however, many abuses
occur, including detention without charge for longer than 48
hours and failure to obtain a warrant for arrest.
The court has unlimited discretion regarding the setting of
bail, which can be excessive. 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. It is common to remand a prisoner into
investigative custody. The Constitution requires, however,
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. Approximately 30 percent of the prison
population consists of pretrial detainees. Despite the
provisions of the law, abuses occur. People are sometimes
detained for trivial offenses or unsubstantiated accusations.
There were no known political arrests in 1994. The Government
does not practice forced exile and continues to encourage
Ghanaians with valuable skills who are living abroad to return,
including dissidents. In some cases the Government has offered
amnesty. Some former government and discredited PNDC officials
have returned and resumed careers and political activities.
e. Denial of Fair Public Trial
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.
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 (at public expense if necessary), to present evidence,
and to cross-examine witnesses. In practice, authorities
respect these safeguards.
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
Commission was sworn in during October 1993 and has established
offices in regional capitals and districts. It has held
workshops to educate the public on human rights issues.
The traditional courts 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. Traditional courts fail
to meet accepted standards of fairness and due process.
After losing a series of significant cases in 1993, the
Government posed no serious challenges to judicial independence
during the year. There were no charges of judicial
corruption. So far as is known, there are no political
prisoners with the exception of Gershon Dompreh, a journalist
serving a 20-year sentence for economic sabotage.
The Government dropped its case against Kwesi Pratt, a
political activist and journalist, and Professor Albert
Adu-Boahen, leader of the New Patriotic Party. The authorities
had charged them with obstruction of justice for refusing to
testify in a public tribunal.
f. Arbitrary Interference with Privacy, Family, Home, or
Correspondence
Observers assume the Government continues to engage in
surveillance of citizens engaged in activity which it deems
objectionable. In the past, this included monitoring of
telephones and mail.
Although the law requires judicial search warrants, police do
not always obtain them. The Constitution provides that a
person shall be free from interference within the privacy of
his home, property, correspondence, or communication. This
article has yet to be tested.
g. Use of Excessive Force and Violations of Humanitarian
Law in Internal Conflicts
During the ethnic conflict in the Northern Region, which began
in February, police used excessive force in a number of cases.
In the regional capital of Tamale, security forces trying to
disperse a crowd fired into it, killing at least 1 person and
injuring 30 to 40 others. Police also beat villagers
indiscriminately during the course of the conflict. In
response to the inability of the police to control the
situation, the Government declared a state of emergency and
deployed regular army units to restore order. Parliament voted
to lift the state of emergency in August, at which time the
army units handed authority back to the police.
Section 2 Respect for Civil Liberties, Including:
a. Freedom of Speech and Press
The Constitution provides for freedom of speech and press, and
opposition political parties and others have used it vigorously
in criticizing the Government. However, the authorities
continued to pressure the government-run media for conformity.
The Government dominates the print and electronic media, owning
the radio and television stations and the two daily
newspapers. The official media continue to emphasize the
positive aspects of government policies, although they also
cover charges 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. The Government occasionally subjects
journalists to discipline or dismissal for articles deemed
unacceptable. As a result, the official media practice
self-censorship. There were occasions when the
government-owned media carried editorials critical of the
Government but did not criticize top officials.
Most Ghanaians obtain their news from the government-owned
electronic media and British Broadcasting Corporation radio.
Under the Constitution, individuals are free to own radio and
television stations. The Government has to date, however,
issued no private broadcast licenses. One firm, the
Independent Media Corporation of Ghana, began broadcasting
after having waited for almost 1 year without result for its
application for a license. The Government confiscated the
firm's radio equipment, effectively shutting the radio station
down. The matter is now before the courts.
The independent press continues to publish unimpeded, with
newspapers and magazines critical of the Government, including
personal attacks on the President, his wife, and his close
advisers. However, independent newspapers and magazines tend
to be small, poorly financed, and not widely distributed
outside Accra. Moreover, the Criminal Libel Law, enacted in
1960 and based on the British model, holds the potential for
inhibiting freedom of the press. The law states that anyone
who communicates a false report injuring the credit or
reputation of the State is guilty of a felony punishable by
imprisonment. Foreign periodicals are sold in Accra and other
major cities. Issues containing articles critical of the
Government circulate freely.
In general, the Government has not suppressed freedom of
speech, press, or academic freedom on university campuses. The
National Union of Ghanian Students (NUGS), one of the more
vocal critics of the Government, is allowed to organize and
hold meetings.
b. Freedom of Peaceful Assembly and Association
The Constitution provides for freedom of peaceful assembly and
association; it does not require permits for demonstrations.
Students injured by security forces during a March 1993
demonstration have been compensated, but the authorities did
not punish the police officers involved.
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. Foreign missionary groups have generally operated
throughout the country with a minimum of formal restrictions.
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 to prevent smuggling, but most are left unmanned
during daylight hours. Roadblocks and car searches are a
normal part of nighttime travel in Accra.
Ghanaians are generally free to travel internationally, to
emigrate or to be repatriated from other countries. Of the
10,000 Ghanaians who sought refuge in Togo following the ethnic
conflict in the Northern Region, it is estimated that half have
returned. As members of the Economic Community of West African
States (ECOWAS), Ghanaians may travel without visas for up to
90 days in member states.
Ghana continues to host a substantial refugee population, some
94,000 Togolese who fled to Ghana in 1993. Ghana also provides
refuge to an estimated 20,000 Liberians. In addition, over
15,000 Ghanaians residing in Liberia returned to their home
villages, often imposing great strain on government social
services.
Section 3 Respect for Political Rights: The Right of Citizens
to Change Their Government
Ghanaians last exercised the right to change their government
through the democratic process in presidential elections held
in 1992. International observers noted serious problems in the
electoral process but concluded, on balance, that they did not
change the outcome. However, opposition parties protested the
results by boycotting subsequent parliamentary elections.
Thus, except for two independent members, all 200 members of
Parliament belong to one of the three parties that supported
President Rawlings, whose PNDC party won 95 percent of the
seats. The Government took some steps to bring the opposition
into the political process, including electoral reform.
The Constitution prohibits discrimination on grounds of gender
and there are no obstacles to the participation of women in
government. Several ministers and Council of State members are
women. There are 16 women parliamentarians. Although all
ethnic groups are represented in the Government, members of the
Ewe ethnic group of which President Rawlings is a member, are
overrepresented in high-level public positions.
Section 4 Governmental Attitude Regarding International and
Nongovernmental Investigations of Alleged Violations
of Human Rights
Human rights organizations continued to grow in number and
strength and operated without government interference or
restriction.
Section 5 Discrimination Based on Race, Sex, Religion,
Disability, Language, or Social Status
The Constitution prohibits discrimination on the basis of race,
sex, religion, disability, language, or social status. The
courts are specifically empowered to enforce these prohibitions.
Women
Ghanaian women continue to experience 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
difficult labor conditions.
Violence against women (including rape and wife beating)
remains a significant problem. It usually goes unreported and
seldom comes before the courts. The police tend not to
intervene in domestic disputes. The media increasingly
reported cases of assault and rape. 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
Within the limits of its resources, the Government is committed
to protecting the rights and welfare of children. There is
little or no discrimination against females in education, but
girls and women frequently drop out due to societal or economic
pressures. Statistics show an equal male/female ratio in
school enrollments in Grade 1, dropping to 2 to 1 by Grade 6, 4
to 1 at the secondary level, and 9 to 1 at university level.
There are traditional discriminatory practices against females
which are injurious to health and development. In particular,
female genital mutilation (FGM) is a serious problem.
According to one study, the percentage of women who have
undergone this procedure may be as high as 30 percent, although
most observers believe 15 percent to be more accurate. Such
mutilation is practiced mostly in the far northeastern and
northwestern parts of the country. In August Parliament passed
a law making FGM illegal. In September the Government charged
a practitioner of FGM with causing harm after circumcising four
girls, one of whom was taken to hospital bleeding severely.
The prisoner is still in police custody.
Another practice, found primarily in the Volta region,
constitutes abuse of children. The tro-kosi (or "vestal
virgin") system is a traditional practice in which a young
girl, usually under the age of 10, is made a virtual slave to a
fetish shrine for offenses allegedly committed by a member of
the girl's family. 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. These 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 of tro-kosi is clearly illegal but persists
because traditional beliefs are deep-seated. There has been
some minimal success in encouraging the substitution of
sacrificial animals in place of girls. It is estimated that
there may be 1,000 fetish slaves bound to various shrines.
National/Racial/Ethnic Minorities
Although the Government plays down ethnic differences, its
opponents occasionally complain that it is dominated by the Ewe
ethnic group from Eastern Ghana. Like the President, many of
his close advisers are Ewe, but many ministers are of different
ethnic origins.
People with Disabilities
The Constitution specifically provides for the rights of people
with disabilities, including protection against exploitation
and discrimination. It also states that "as far as
practicable, every place to which the public has access shall
have appropriate facilities for disabled persons." In
practice, however, this provision has yet to be implemented.
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, the PNDC did not, and the present Government
has not, interfered with the right of workers to associate in
labor unions. The law prohibits civil servants from organizing
or joining a trade union, bargaining collectively or striking.
About 10 or 15 percent of workers belong to unions. The
Industrial Relations Act (IRA) of 1965 still governs trade
unions and their activities. 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 by-laws,
continued to define an autonomous role for the TUC within the
PNDC regime. In the last 3 years, the TUC has taken a somewhat
more confrontational stance vis-a-vis the Government and has
been quite critical of some of its economic policies.
The law recognizes the right to strike. Under the IRA, the
Government established a system of settling disputes, first
through conciliation, then arbitration. A union may call a
legal strike if negotiations and mediation fail. However,
because no union has ever gone through the complete process,
there have been no legal strikes since independence.
Nevertheless, the Ghana Medical Association, the Ghana National
Association of Teachers, and the University of Ghana's porters,
drivers, and phone technicians staged major strikes in 1994
without government retribution. 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 (OATUU), headquartered in Accra and is 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. Trade
unions engage in collective bargaining for wages and benefits
with both private and state-owned enterprises without
government interference. The Government, labor, and employers
negotiate together, however, through a tripartite commission to
set minimum standards for wages and working conditions. The
law requires employers found guilty of antiunion discrimination
to reinstate workers fired for union activities. No union
leaders have been detained in recent years for union or other
activities.
There are no functioning export processing zones in Ghana.
c. Prohibition of Forced or Compulsory Labor
The law prohibits forced labor, and it is not known to be
practiced except in the tro-kosi system (see Section 5). 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.
d. Minimum Age for Employment of Children
Labor legislation sets a minimum employment age of 15 and
prohibits night work and certain types of hazardous labor for
those under 18. In practice, child employment is widespread,
and young children of school age often perform menial tasks
during the day in the market or collect 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. Officials occasionally punish violators of
regulations prohibiting heavy labor and night work for
children. 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 minimum standards for wages and working conditions were
set by a tripartite commission composed of representatives of
the Government, labor, and employers. The minimum wage rate
combines wages with customary benefits, such as a
transportation allowance. The current daily minimum wage of
$0.76 (739 cedis) is insufficient for a single wage earner to
support a family. In most cases households have multiple wage
earners, some family farming, and other family based commercial
activities.
The law sets the maximum workweek at 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 the Labor Department of the
Ministry of Health and Social Welfare occasionally imposes
sanctions on violators. Safety inspectors are few, however,
and poorly trained. They 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, but they rarely exercise this right.
(###)
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