African Commission on
Human & Peoples' Rights
Commission Africaine des Droi
de l'Homme et des Peupll
OAU — OUA
Kairaba Avenue
P.O. Box 673
BANJUL, The Gambia
Tel. 92964-92962
Telex 2346 OAU BJL GV
ACHPR/MOC/XIII/008
13EME SESSION ORDINAIRE
29 MARS — 7 AVRIL 1993
BANJUL, GAMBIE
RAPPORT PERIODIQUE DU GHANA
REPUBLIC OF GHANA
MINISTRY OF FOREIGN AFFAIRS
C0/0AU/CHPR VOL.2
The Ministry of Foreign Affairs of the Republic of
Ghana presents its compliments to the Secretariat of the
African Commission on Human and Peopleet Rights and with
reference to the latter's Note No. AFR/COM/HPR/MS/A046
of 20th June, 1990 requesting periodic reports pursuant
to Article 62 of the African Charter on Human and Peoples'
Rights has the honour to attach herewith the Periodic
Report of Ghana covering the period 1990 - 1992.
The Ministry of Foreign Affairs of the Republic of
Ghana avails itself of this opportunity to renew to the
Secretariat of the African Commission on Human and Peoples'
Righsts the assurances of its highest consideration.
Accra
29th September, 1992
NATIONAL COUNCIL ON WOMEN AND DEVELOPMENT
DECREE, 1975 (NRCD 322)
This Law seeks to advance the rights and welfare of women
in Ghana. The Council is charged with the responsibility of
studying the effect of beliefs, prejudices and practices on the
advancement of women in education, political and economic field
and report to the Government.
2.
GHANA NATIONAL COMMISSION ON CHILDREN, 1975
(A. F.R.C. D 66)
This Law establishes a commission which is to oversee the
general welfare and development of children and to co-ordinate
all the essential services for children in the country which
will in effect promote the rights of the child and also make
proposals to the Government from time to time to enact or
review legislations in areas of children's rights, privileges
and benefits in Ghana.
3.
MAINTENANCE OF CHILDREN DECREE, 1974 (SMCD 133)
This Law imposes a duty on a parent or any person who
is legally liable to maintain a child to supply the child
with the necessaries of health, life and reasonable education.
4.
LABOUR DECREE, 1967 (NLCD 157)
Sections 42 and 43 of this law provides that an
expectant woman should be allowed to stay at home for six weeks
when she is due to have her child and six weeks to take care of
the child when she delivers.
- 2 Section 44 of the law prohibits the employment of children
except with the consent of the child's parents.
The same law frowns upon forced labour. Under the law,
'no person shall exact or cause to be exacted for his benefit
forced labour from any other person.'
5.
EDUCATION ACT, 1961 (ACT 87)
The Act establishes local education authorities in all
areas. These authorities are to promote the spiritual, moral,
mental and physical development of the community by ensuring that
efficient education throughout the primary and middle stages are
made available to the people of the area.
The law stipulates that, no person shall be refused
admission to a school as a result of his religion, nationality,
race or language or that of his parents.
6.
POLITICAL PARTIES LAW, 1992 (PNDCL.281)
According to this law, every Ghanaian of voting age
shall have the right to form or join any political party and
also participate freely in political activities.
7.
NATIONAL COMMISSION ON CULTURE LAW, 1990 (PNDCL 238)
This Law establishes the National Commission on Culture
and the Commission is to promote Ghanaian tradition and values
and also to establish a code of behaviour compatible with
Ghanaian tradition of humanism and a disciplined and moral
society.
- 3 PUBLIC TRIBUNALS LAW, 1984 (PNDCL.78)
8.
Article 7 of the African Charter on Human and Peoples'
Rights requires that an accused person should have a right of
appeal and a right to a defence counsel. In consonance with
this, PNDCL 78 gives an aggrieved person the right to appeal
against the decisions of a tribunal and under the law, any person
charged and sent to the tribunal shall be entitled to be
represented by a counsel of his own choice.
9.
CRIMINAL CODE (AMENDMENT) LAW, 1984 (PNDCL 90)
Sections 88A and 278A prohibits any cruel, immoral or
indecent treatment of bereaved spouses during and after the
funerals of their spouses. Breach of this amounts to a
misdemeanor which is punishable under the laws of Ghana.
PROVISIONAL NATIONAL DEFENCE COUNCIL (ESTABLISHMENT)
PROCLAMATION (SUPPLEMENTARY AND CONSEQUENTIAL
PROVISIONS LAW, 1982 (PNDCL 42)
10.
The above law provides that the "Directive Principles of
State Policy" shall guide all people and institutions in
exercising powers conferred on them by this law.
The Law makes respect for fundamental rights one of the
cardinal principles. The law provides inter alia "respect for
the fundamental human rights and the dignity of person to be
cultivated among all sections of the society as a basis of social
justice'.
- 4 Citizens, under the law are required to be loyal to Ghana.
This requirement overrides sectorial, ethnic and other
loyalties. Under the law, it is the responsibility of the state
to provide adequate educational and health facilities to be
enjoyed equally by all Ghanaians.
This Law also provides that the benefits of land as a
national resource shall be enjoyed by the people of Ghana as
a whole.
11.
THE 1992 REPUBLICAN CONSTITUTION
The 1992 Constitution has been accepted in a referendum
and although it is to come into force on 7th January, 1993 it
is worth mentioning because of its elaborate provisions on
the fundamental human rights. The provisions comply with all
the requirements of the African Charter.
Under the constitution every person in Ghana whatever his
race, place of origin, political opinion, colour, religion,
creed or gender shall be entitled to the fundamental human
rights and freedoms enshrined in chapter 5.
The Constitution makes provisions for the protection
of the right:(a)
to life;
(b) to human dignity;
(c) to own property either alone or in association;
(d) to work under satisfactory, safe and healthy
conditions; and
(e) to receive equal pay for equal work without diStinction of any kind.
- 5 The Constitution also provides for the protection of
the following freedoms:(a) freedom of speech;
(b) freedom of the press and media;
(c) freedom of thought, conscience and belief including
academic freedom;
(d) freedom from slavery and servitude;
(e) freedom from discrimination;
(f) freedom of' association, assembly and movement.
Article 17 of the Constitution provides that "all persons
shall be equal before the law" and Article 19 states that "A
person charged with a criminal offence shall be given a fair
trial". 'Fair trial means right to appeal, right to engage the
services of a defence counsel and right to have one's case heard
within a reasonable time.
Under the Constitution, special care shall be accorded
to mothers during the period before and after child-birth and
during those periods, working mothers shall be accorded paid
leave.
The Constitution provides that children and young persons
shall receive special protection against hazards. Engaging a
child in work which constitutes a threat to his health, education
or development is prohibited under the Constitution. The
Constitution prohibits the torturing or other cruel, inhuman or
degrading treatment or punishment to children.
- 6 Provision is also made for the protection of the disabled
persons against all forms of exploitations, all treatment of
a discriminatory, abusive or degrading nature.
This Constitution establishes the Commission on Human
Rights and Administrative Justice. This Commission is to
investigate all complaints of violations of fundamental human
rights and freedoms and to take appropriate actions to remedy
such violations. In addition to the above, the Commission is
to educate the public on human rights and freedoms through
publications, lectures and symposia.