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Title: Ghana Human Rights Practices, 1995
Author: U.S. Department of State
Date: March 1996
GHANA
Ghana continues its transition from a single-party, authoritarian system
to a constitutional democracy. Flight Lieutenant (ret.) Jerry John
Rawlings has ruled Ghana for 15 years. He became the first President of
the Fourth Republic following controversial elections in 1992. This
ended 11 years of authoritarian rule under Rawlings and his Provisional
National Defense Council (PNDC), which had seized power from an elected
government in 1981. While acknowledging irregularities, international
monitors accepted the validity of the 1992 presidential election
results. Four opposition parties, however, claimed massive fraud in the
election and subsequently boycotted the December 1992 parliamentary
elections, leaving the President's coalition in full control of
Parliament and the Government. 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 (CHRAJ).
Several security organizations report to various government departments.
The police, under the jurisdiction of an eight-member Police Council,
are responsible for maintaining law and order. The Bureau of National
Investigations (BNI) handles cases considered critical to state
security. It is an independent department that answers directly to the
executive branch. Credible allegations continue of police involvement
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 remain poor.
After years of economic mismanagement, Ghana is trying to put its
economy back on a sustainable growth track. The economy remains highly
dependent on agriculture, with about 45 percent of gross domestic
product (GDP) derived from this sector. Gold, cocoa, and timber are
traditional sources of export earnings. The Government has announced
its intention to privatize numerous state-owned enterprises, but
progress has been slow to date. The nontraditional export sector is
growing but still makes up a very small proportion of the overall
economy. Weak performance in the agricultural sector in 1994 resulted
in real GDP growth of 3.8 percent, barely ahead of annual population
growth of about 3 percent.
Progress in respect for human rights was mixed, after several years in
which the situation had unquestionably been improving. The small but
independent press, human rights monitoring groups, and opposition
parties were vigorous and outspoken in criticizing various aspects of
government policy. Even the government-owned media, which reach by far
the largest audience and have long been silent about government policy,
felt sufficiently confident to criticize individual agencies and
departments. Nevertheless, doubts remain as to the Government's
willingness to permit free and independent broadcast journalism. With
the release of journalist Gershon Dompreh in February after 8 years in
prison for possession of classified government documents, there remain
no further known political prisoners or detainees.
Police were implicated in the beatings of criminal suspects; at least
one prisoner died in custody, almost certainly as a result of severe
beatings inflicted by guards. Abuses stemming from pretrial detentions
continue, and prison conditions remain harsh. Although the Government,
through its CHRAJ, instituted programs aimed at educating the police and
military to respect constitutionally guaranteed rights, there is no
independent framework to review or scrutinize the security forces'
actions. Human rights abuses, such as beatings and detention without
charge, still go unreported, although individual awareness of
constitutionally guaranteed rights is increasing, along with government
and independent press reporting of such incidents. However, traditional
practices result in considerable discrimination and abuse of women, with
violence against women a particular problem.
In the year's most disturbing development, on May 11 unknown persons
fired upon peaceful demonstrators in the process of dispersing, killing
four persons. At year's end, it was still unclear who had been
ultimately responsible for arming the counter-protestors, but there were
credible accusations that the Minister for Youth and Sports was
responsible. However, the Government failed to establish an independent
commission to investigate the incident, thereby staining its human
rights record.
In contrast, the Government supported its high-profile CHRAJ in its
investigations and mediation of cases. Although the Commission has the
authority to arbitrate individual cases, it has no enforcement powers.
It has, however, been active in educating public officials and community
leaders and in critically examining: charges of corruption against
high-ranking government officials; the Government's performance in
prison administration and prison conditions; and illegal government
confiscations of property.
RESPECT FOR HUMAN RIGHTS
Section 1 Respect for the Integrity of the Person, Including Freedom
from:
a. Political and Other Extrajudicial Killing
There were two reported deaths of suspects in police custody. In
January the government press reported in considerable detail that police
had arrested a 35-year-old man from Tetrem in the Ashanti region for
stealing cassava. He attempted to escape but was recaptured and
severely beaten with batons by policemen. He was not hospitalized for 4
days and died shortly thereafter. His autopsy revealed extensive
beatings. The CHRAJ reports that the offending officers have been
suspended from service and are currently awaiting trial.
In June the press reported another death of a suspect in police custody.
In this case, police discovered a 22-year-old man in New Tafo, Eastern
region hanged in his cell. Based upon reported evidence, the police
appear to have been innocent of wrongdoing. The police insisted that
the death was a suicide, but the deceased's parents claimed that a self-
performed hanging was impossible in this cell and that authorities had
buried his body too hastily. As detailed in the government press, an
investigation by the Special Police Command exonerated the police,
stating that a post mortem investigation confirmed death by hanging and
that the body in fact had been released to the family.
The government press reported in September that a suspect in Kade was
shot and killed by police while in custody, despite the fact that he had
been granted bail and was to have been released 2 months previously.
According to the press, the family requested an inquiry by the Inspector
General of Police, but by year's end it was unknown if such an
investigation would be undertaken.
The responsibility of elements in the ruling party for killing four
protesters and bystanders during a May demonstration is unknown but
appears likely (see Section 2.b.).
Journalist Kwesi Pratt was unsuccessful in his continued 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 politically motivated 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 human dignity. Nonetheless, there were credible
reports that members of the police beat prisoners and other citizens.
However, the police showed restrain in handling large crowds, including
during antigovernment demonstrations in May (see Section 2.b.).
There were several press accounts of investigations by police
authorities in cases of police brutality. However, the results made
public were generally those in which suspects were exonerated.
Prisons are in most cases very poorly maintained, and conditions are
extremely harsh. In February CHRAJ reported that prisons were
unsanitary and overcrowded, that conditions can be considered cruel,
inhuman, or degrading, as defined by the United Nations, and also were
in violation of Ghana's own Constitution. The Commissioner further
acknowledged that prisons provide inadequate nutrition and medical
services to inmates. Although the Government has occasionally commuted
the sentences of ill or aged prisoners, its failure to provide adequate
and timely medical care to prisoners has resulted in deaths. In April
the press reported that several small children were imprisoned with
their mothers. The Ghana Prisons Service took immediate action, placing
the children with other family members or orphanages. CHRAJ inspections
in August revealed that youth and adult inmates were housed together.
The Government allows monitoring of prison conditions by representatives
of the International Committee of the Red Cross.
d. Arbitrary Arrest, Detention, or Exile
The Constitution provides for protection against arbitrary arrest,
detention, or exile and states that an individual detained shall be
informed immediately, in a language the detained person understands, of
the reasons for the detention, and of the 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 to 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.
In one highly publicized case, a murder suspect, a citizen of Burkina
Faso, was released after 16 years' remand. His release was the result
of the CHRAJ's investigation of prison conditions. After learning of
his plight, the Commission initiated legal proceedings resulting in his
release.
In June eight detainees in a Cape Coast prison, with the support of
other inmates, revolted, demanding their constitutionally guaranteed
right to a speedy trial. According to a report in the government press,
some remanded suspects have been in prison for 2 to 3 years.
There were no known political arrests in 1995. The Government does not
practice forced exile and encourages citizens with valuable skills who
are living abroad to return, including dissidents. Some former
government and discredited PNDC officials have returned and resumed
careers and political activities.
e. Denial of Fair Public Trial
The Constitution provides for an independent judiciary, and the
Government posed no serious challenges to judicial independence during
the year. However, the Ghana Bar Association protested the confirmation
of Chief Justice Abban, alleging that he is unqualified for the position
and that the President had forced his confirmation through Parliament
without sufficient time for debate or public hearings. There were no
charges of judicial corruption. Nevertheless, the integrity of the
legal system is compromised by a severe lack of financial, human, and
material resources in the judicial service.
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 establish
lower courts or tribunals by decree. 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 CHRAJ's charter provides for it to investigate alleged violations of
human rights and take action to remedy proven violations. To date, it
has held workshops to educate the public, traditional leaders, the
police, and the military on human rights issues. It mediates and
settles cases brought to it by individuals with grievances against
government agencies or private companies. In 1993 and 1994 (the most
recent figures), the CHRAJ received over 3,000 petitions in its offices
around the country and disposed of over 1,000. About 70 percent of the
complaints lodged with the Commission were labor and workplace related.
The Chieftaincy Act of 1971 gives village and other traditional chiefs
powers to mediate local matters, including authority to enforce
customary tribal laws dealing with such matters as divorce, child
custody, and property disputes.
There were no reports of political prisoners. The last known political
prisoner was Gershon Dompreh, released in January 1995.
f. Arbitrary Interference with Privacy, Family, Home, or
Correspondence
Observers assume that 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.
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 these freedoms to
criticize the Government. In general, the Government has not suppressed
the exercise of freedom of speech by the print media but has continually
pressured the government-run media for conformity. Also, it has yet to
implement free speech or free press for broadcasting. The Government
dominates the print and electronic media, controlling the radio and
television stations and the two daily newspapers.
The official media continue to emphasize positive aspects of government
policies, although they also report charges of corruption or
mismanagement in government ministries and state-owned enterprises. The
state-owned media do not directly criticize government policies or
President Rawlings, although they often print articles that criticize
individual governmental agencies. The Government occasionally subjects
journalists to discipline or dismissal for articles deemed unacceptable.
On occasion, the government-owned media printed editorials critical of
the Government but which did not criticize top officials.
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 and poorly financed, with
little circulation outside major cities. There are accusations that the
Government indirectly manipulates the independent press by refusing to
do business with companies that advertise in opposition newspapers.
However, advertising is steadily increasing in the independent
newspapers. Foreign periodicals are sold in Accra and other major
cities. Issues containing articles critical of the Government circulate
freely.
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.
However, independent broadcasters have encountered countless obstacles
and delays in their attempts to gain access to the government-
monopolized airwaves. One firm, the Independent Media Corporation of
Ghana (IMCG), began broadcasting in November 1994 after having waited
for almost 1 year without result in their application for a license.
Several weeks after IMCG's appearance on the airwaves, the police seized
its transmission equipment, citing the station's failure to obtain
authorization to broadcast. The equipment remains confiscated despite a
High Court ruling that the police had acted illegally and that the
equipment should be returned.
For the greater part of the year, the Government procrastinated in
allocating frequencies to numerous private applicants. A list of the
first frequency recipients appeared in July and comprised 36
organizations, including IMCG. This was the first critical step toward
independent broadcasting in Ghana. Despite the constitutional
prohibition of "impediments to the establishment of private press or
media," the new frequency holders must pay a nonrefundable "commitment
fee" in order to operate.
Meanwhile, there are still no genuinely autonomous radio stations. One
radio station, Radio Joy, appeared unexpectedly in April without
authorization from the Ministry of information or the Frequency
Allocation Board. Its directors, many of whom are associated with high
government officials, negotiated a special deal with the government-run
Ghana Broadcasting Corporation to obtain one of its unused frequencies.
The issue of allowing independent broadcasting companies to operate, and
therefore of providing the opposition with a stronger political voice,
will increase in importance as Ghana approaches major elections in late
1996.
Civil suits for libel are allowed, and the Criminal Libel Law holds the
potential for inhibiting the freedom of the press. This law allows
criminal prosecution in cases where a false report injures the credit or
reputation of the State. This is at odds with the Constitution, which
prohibits criminal prosecution for the publication of any item, true or
not, by any individual. Currently a publisher and an editor of an
independent paper, charged with criminal libel, are free on bail but
awaiting trial. State attorneys are prosecuting the case based on
defamatory remarks made about the first lady, whom they define as a
government official. In early 1995, a journalist was accused of
insulting the Chief Justice in print and served 30 days in prison for
contempt of court.
There has been no restriction of academic freedom on university
campuses. The National Union of Ghanian Students, 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. However,
Parliament passed a public order bill in late 1994 requiring that all
organizers of "special events" or "processions" inform the police of
their intentions so that the police can institute precautionary
measures. The new law also provides for curfews and arrest without
warrants in specified instances.
The Government's commitment to respect the right of peaceful assembly
was drawn into serious question when unknown persons killed four
protestors after an otherwise orderly demonstration in Accra.
Demonstrators organized by the AFC marched peacefully on May 11 to
protest the Government's new value added tax, but they were fired upon
by counter-demonstrators when dispersing. Although the AFC and the
independent press praised police conduct during the demonstration, they
also provided credible evidence that it was the Minister of Youth and
Sports who had organized and armed the counter- demonstrators. The
Government has ignored repeated requests to establish an independent
commission to investigate the affair. Instead, the Minister of the
Interior released a statement in September claiming that a police
committee was unable to identify any specific individuals responsible
for the shootings, and the matter was thus closed. The police
committee's report has never been publicly released.
The Government's likely involvement and its failure to take decisive
action to resolve the case of these four killings constitute the biggest
stain on Ghana's 1995 human rights record.
c. Freedom of Religion
The Constitution provides for freedom of religion, and the Government
respects this right in practice.
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
Citizens 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.
Citizens are generally free to travel internationally and to emigrate or
to be repatriated from other countries. Since Ghana is a member of the
Economic Community of West African States, Ghanaians may travel without
visas for up to 90 days in member states.
Since March 1994, members of the Konkomba tribe in the Northern region
have been afraid to enter towns and cities in that region due to ongoing
ethnic conflicts (see Section 5). For the Konkomba, who rely on trading
agricultural products as their sole source of income, the inability to
travel is a tremendous hardship. Since March 1994, a number of Konkomba
have sought refuge in Togo as a result of ethnic conflict in the north.
The Government has a liberal policy of accepting refugees from other
West African nations, and Ghana continues to host substantial refugee
populations, including approximately 94,000 Togolese who fled to Ghana
in 1993 and an estimated 20,000 Liberians.
Section 3 Respect for Political Rights: The Right of Citizens to
Change Their Government
Citizens last exercised the right to change their government through a
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 3 independent members, all 200 Members of Parliament
belong to one of the three parties that supported President Rawlings,
whose NDC party won 95 percent of the seats in the parliamentary and
presidential elections of 1992. The Government has taken some steps to
bring the opposition into the political process, including electoral
reform. The NDC lost its first by-election ever in July to an
independent candidate. Although the loss was likely due to a split in
an NDC alliance, this defeat could perhaps be interpreted as a sign of
rising public discontent with the political status quo.
In preparation for major elections in 1996, the Government created a
National Electoral Commission to supervise voting. All significant
political parties are represented on the Commission.
The Constitution prohibits discrimination on the basis of sex, and there
are no obstacles to the participation of women in government. Several
ministers and Council of State members are women. There are 16 female
parliamentarians.
Section 4 Governmental Attitude Regarding International and
Nongovernmental Investigation of Alleged Violations of Human Rights
Human rights organizations continued to grow in number and strength, but
the threat of government interference may hinder their ability to
operate freely. The Government has drafted a bill that would require
NGO's to register with a National Advisory Council. This Council,
consisting primarily of government appointees, would have the authority
to deny, suspend, or cancel an NGO's right to operate. The bill, which
would also apply to international NGO's, remained pending at year's end.
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, although
enforcement by the authorities is generally inadequate, in part due to
limited financial resources.
Women
Violence against women, including rape and wife beating, remains a
significant problem. These abuses usually go unreported and seldom come
before the courts. The police tend not to intervene in domestic
disputes. However, the media increasingly report cases of assault and
rape.
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,
especially in rural areas, remain subject to burdensome labor conditions
and traditional male dominance. Often deeply entrenched traditions and
the use of traditional courts to handle family matters deny them
rightful inheritances and property, a legally registered marriage (and
with it, certain legal rights), recourse to divorce, and the maintenance
and custody of children, all provided for by law.
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 to 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 the university level.
There are several traditional discriminatory practices that are
injurious to female health and development. In particular, female
genital mutilation (FGM), which is widely condemned by international
health experts as damaging to both physical and psychological health, 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. FGM is practiced
mostly in Muslim communities in the far northeastern and northwestern
parts of the country. As of 1994, FGM became a criminal act, and courts
have convicted at least one practitioner to date.
Another practice, found primarily in the Volta region, is an especially
severe abuse and a flagrant violation of children's rights. 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 slave to a fetish
shrine for offenses allegedly committed by a member of the girl's
family. The belief is that if someone in that 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 property of the fetish priest and
is often required to perform sexual favors. These girls are seldom
allowed to go to school and must work on the priest's farm and perform
other labors for him, but the girls' families must provide food for
their meals. When the fetish slave dies or is released, usually without
skills or the likelihood of marriage, the family is expected to replace
her with another young girl for the fetish shrine. Although the
Constitution outlaws slavery, the Parliament has yet to pass a law
explicitly prohibiting tro-kosi. The practice persists because of
deeply entrenched traditional beliefs to which even high-ranking
officials reportedly adhere. Nevertheless, it is unlikely that
legislation alone would eliminate the practice. There are an estimated
1,000 fetish slaves bound to various shrines.
Other traditional practices that violate the human rights of children
are forced childhood marriages and tribal scarring, deep cuts made to
the face to show membership in a particular tribe. The prostitution of
female children exists despite its illegality.
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.
National/Racial/Ethnic Minorities
Although the Government plays down the importance of ethnic differences,
its opponents occasionally complain that it is dominated by the Ewe
ethnic group from eastern Ghana. The President and many of his close
advisers are Ewe, but many ministers are of other ethnic origins.
There were continuing tensions and violence between ethnic groups in the
northern region, which left as many as 20,000 dead and 100,000 injured
in 1994 and 150 dead in 1995. Peace negotiations, underway since the
initial violence in 1994, have not made substantive progress, and the
Government has done little to push the negotiations forward and bring an
end to the violence (see also Section 2.d.).
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,
neither the PNDC nor the present Government has interfered with the
right of workers to associate in labor unions.
About 9 percent of workers belong to unions, a figure that has been
declining slowly over the past several years. The Industrial Relations
Act (IRA), initially written in 1958, amended in 1965 and 1972, governs
trade unions and their activities. The Trades Union Congress (TUC) is
the only existing confederation, although 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 NDC regime.
Since the 1992 elections, the TUC has taken a somewhat more
confrontational stance vis-a-vis the Government and has criticized some
of its economic policies. Civil servants have their own union, the
Civil Servants Association, which operates outside of the TUC umbrella.
Government employees of several different departments and agencies went
out on strike this year without government retribution.
The law recognizes the right to strike. Under the IRA, the Government
established a system of settling disputes, first through conciliation,
then through 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. The University Teachers Association of Ghana went
on strike to protest the absence of pay increases, effectively closing
the nation's university system for most of the academic year. The IRA
prohibits retribution against strikers, and this law 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.
Unions have the right to affiliate with international bodies. The TUC
is affiliated with the Organization of African Trade Union Unity,
headquartered in Accra and is also 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 is one operating export processing zone (EPZ), with legislation
approving others imminent. EPZ's are subject to the same labor laws as
in the rest of the country.
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 years
of age. 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 only occasionally punish violators of regulations which
prohibit 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 daily minimum wage, revised in 1995, combines
wages with customary benefits, such as a transportation allowance. The
current daily minimum wage is the equivalent of $1.00 (1,200 cedis).
This sum 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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