t
REPORT ON
GHANA'S COMPLIANCE WITH ITS REPORTING OBLIGATIONS
PURSUANT TO ARTICLE 62 OF THE
AFRICAN CHARTER ON HUMAN AND PEOPLES' RIGHTS
BACKGROUND
Ghana gained independence from British colonial rule in March 1957. The
country has experienced several military coups and civilian governments.
Ghana is a unitary state with a presidential system of government. The
country is divided into 10 administrative regions.
Ghana covers an area of about 238,537 square kilometers (92,100 square
miles). It is situated in West Africa and bounded on the North by
Burkina Faso, on the East by Togo, on West by La Cote d'Ivoire and on the
South by the Atlantic Ocean. It has a coastline of 350 miles. The
largest man-made lake in the world was created on the River Volta, which
flows through and joins the sea in Ghana.
The population of Ghana as at the last population census in 1984 was
13.54 million with an annual growth rate of about 3%. The population was
estimated in January 1997 at 18.5 million. Accra is the capital of Ghana
and has the largest population density of about 52 persons per square
kilometers.
In 1991, the military government of the erstwhile Provisional National
Defence Council (PNDC), unveiled a transitional Programme to return
Ghana to a constitutional democracy. A Committee of Experts was
appointed to prepare a draft constitution for the administration of
Ghana. A Consultative Assembly was set up by PNDC Law 253 to consider
the draft constitution. In a referendum organized on 28 th April 1992,
the draft constitution was adopted by Ghanaians. This marked the start
of a new process toward an era of liberal democratic governance.
In January 1993, Ghana returned to civilian constitutional rule after
eleven years of military rule. The restoration of constitutional
government occasioned the birth of several democratic institutions.
Arms of Government
The powers of governance are shared among the three principal organs of
state, the Executive, the Legislature and the Judiciary, each of which is
expected to be independent of the other and to serve as a check against
any potential abuse of power.
1.
The Executive
The 1992 Constitution provides for a presidential system of government.
Article 58(1) of the Constitution vests executive authority of Ghana in
the President and enjoins the incumbent to exercise those powers in
accordance with the provisions of the Constitution.
The primary functions of the President include execution and
maintenance of the Constitution and all laws made under or continued in
force by the Constitution. The President may exercise executive
authority directly or through officers subordinate to him/her.
Article 67 of the Constitution enjoins the President, at the beginning of
each session of Parliament and before a dissolution of Parliament, to
deliver to Parliament an address on the state of the nation.
2.
The Legislature
The sovereign people of Ghana mandate their
elected representative to go to Parliament and make
laws for the effective administration of the Country
There is a vibrant multi-party parliamentary democracy in Ghana, which
has experienced two successful civilian national elections and a number of
peaceful bye-elections.
Article 93 provides for an independent legislature, which shall exercise
its power in accordance with the Constitution. Article 93 (1) of the
Constitution provides for a Parliament which shall consist of not less than
one hundred and forty elected members. Article 93(2) provides that
"subject to the provision of this Constitution, the legislative power of
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Ghana shall be vested in Parliament and shall be exercised in accordance
with the Constitution. "
The power of Parliament to make laws is exercised through bills which it
passes, and which are assented to by the President. The Parliament has
no power to pass any law that takes effect before the date of the making
of the law if it imposes limitations on the personal rights and liberties of
any person.
3.
The Judiciary
To guarantee the rule (if law, Article 125 provides for an independent
judiciary which shall be subject only to the Constitution and neither the
executive nor the legislature shall have or be given final judicial power.
The equality of all Persons before the law and their
freedom of enforce their rights and liberties in a court
a law is guaranteed under the constitution.
The independence of the Judiciary from the Executive
and the Legislature is entrenched in the constitution.
The Judiciary shall be accountable to the constitution
and the people
In exercise of its judicic...{ power, the judiciary shall have jurisdiction in all
matters civil and criminal, including matters relating to the Constitution
and such other jurisdiction as Parliament may, by law, confer on it.
The top hierarchy of the judiciary is the Supreme Court which has
exclusive jurisdiction in:
"all matters relating to the enforcement or interpretation of [the]
Constitution; and
all matters arising as to whether an enactment was made in excess of the
powers conferred on Parliament or any other authority or person by law
or under [the] Constitution".
The powers and functions of the judiciary may be described as follows.
1.
The Judiciary is the branch of government given authority to
interpret, apply and enforce the laws of Ghana.
2.
It shall be made up of the Supreme Court, the Court of Appeal, High
Court and Regional Tribunals, and such Lower Courts and Tribunals as
Parliament may establish.
3.
The Courts and Public Tribunals form one structure headed by the
Chief Justice.
4.
The Supreme Cour; is given power as the highest authority to
interpret the constitution.
5.
The Supreme Court shall have the final authority to say what the law
is including determining whether any acts of Parliament or President
comply with the constitution. The High Court shall also have the
power to enforce the Fundamental Human Rights and Freedoms under
the constitution.
6.
All citizens as guardians of the constitution have the right of
unimpeded access to the courts to challenge any acts of the
President, Parliament or any other body, public or private, which are
inconsistent with the provisions of the Constitution.
7.
In furtherance of the principle of independence of the Judiciary
from both Parliament and the President, the financial administration
of the Judiciary shall be independent of executive control and shall
be subject to annual expenditure approvals by Parliament.
8.
Citizens may exercise popular participation in the administration of
justice through the institution of public and customary tribunals and
the jury and assessor system.
9.
In order to safeguard the principle of the judiciary, the financial
independence, a pustice of the Superior court or a chairman of the
Tribunal or a Judicial office shall not be removed from office except
for stated misbehajour or incompetence or on ground of inability to
perform the functions of his office arising from infirmity of body or
mind.
MEASURES (INCLUDI JG LEGISLATION OR POLICY) TAKEN BY
GHANA TO IMPLEMENT THE PROVISIONS OF THE CHARTER
CIVIL AND POLITICAL RIGHTS
Articles 2 and 3 of the African Charter
Article 2
Every individual shall be entitled to the enjoyment of the rights and
freedoms recognised and guaranteed in the present charter without
distinction of any kind such as race, ethnic group, colour, sex, language,
religion, political or any other opinion, national and social origin, fortune,
birth or other status.
Article 3
1 Every individual shall be equal before the law
2. Every individual shall be entitled to equal protection of the law.
THE GHANAIAN CONSTITUTION
Article 12 of the 1992 Constitution provides:
1. The fundamental human rights and freedoms enshrined in this chapter
shall be respected and upheld by the Executive, Legislature and
Judiciary and all other organs of government and its agencies and,
where applicable to them, by all natural and legal persons in Ghana, and
shall be enforceable by the courts as provided by the Constitution.
2. 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 of the individual (contained in
this chapter) but subject to respect for the rights and freedoms.
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Article 17 of the Constitution provides:
1. The dignity of all persons shall be inviolable.
2. No person shall, whether or not he is arrested, restricted or detained,
be subject to:
a.
torture or other cruel, inhuman or degrading treatment or
punishment;
b.
any other condition that detracts or is likely to detract from his
dignity and worth as a human being.
Article 17 of the Constitution provides:
1. All persons shall be equal before the law
B. LEGISLATION AND POLICY
Public Order Act, 1994 (Act 491)
The Public Order Act abolished the permit system, which previously
restricted the right to demonstrate or picket in protest against
particular policies of government that might be deemed inimical to public
interest.
Directive Principles of State Policy
In addition to the foregoing, the 1992 Constitution also contains a
cardinal statement of national values, which are intended to guide the
conduct of all citizens and authorities in Ghana. These values are found in
Article 34 of the Constitution, which imposes collective responsibility on
all citizens, organs of government (i.e. the Executive, Judiciary and
Parliament), cabinet, political parties, and other bodies and persons in
applying interpreting the constitution or any other law and also in taking
and implementing policy decisions for the establishment of a just and
free society. Specifically, Article 34(2) provides as follows:
"The President shall report to Parliament at least once a year all
the steps taken to ensure the realization of the policy objectives
contained in this hapter (i.e. Directive Principles of State Policy);
and, in particular, the realization of basic human rights, a healthy
economy, the right to work, the right to good health care and the
right to education".
This provision is manifested in the President's annual Sessional Address
to Parliament. The Sessional Address, which is obligatory on the
President, reports on what the Executive has done in the preceding year
towards the realization of the provision of Article 34(2). It is also an
occasion for the Executive to provide its projections for the ensuing year
to Parliament.
Additionally, the Directive Principles of State Policy sets out political,
economic social and cultural objectives to guide policy, formulation and
implementation by the state taking into account the sovereignty and
dignity of the human person.
Political Objectives
Article 35 articulates the political objective of the state, namely the
building of a democratic society dedicated to the realization of freedom
and justice; a society in which sovereignty resides in the people; and in
which there is respect for the fundamental human rights and freedoms
of all citizens.
The state is also enjoined to actively promote the integration of the
people and prohibit discrimination and prejudice on the grounds of place
of origin, circumstances of birth, ethnic origin, gender or religion, creed
or other beliefs.
CASE LAW
NPP v. ATTORNEY GENERAL (March 8, 1994)
On December 31, 1981, the elected civilian government of Ghana
established under the 1979 Constitution was overthrown in a military coup
d' etat by Flt Lt. Jerry John Rawlings, who subsequently established the
Provisional National Defence Council (PNDC) as the Government of Ghana.
On January 7,1993, a new constitution came into effect. The PNDCE
ceased to exist from that day.
On December 19, 1993 the government announced December 31, 1993 as a
holiday as it had previously done every year.
8'
The New Patriotic Party the key opposition party in Ghana, challenged the
legality or constitutionality of declaring 315t December a national holiday,
a day on which a constitutional government was overthrown, and
celebrating some with public funds.
The Supreme Court decided in favour of the plaintiffs. It held that, 31
being the anniversary of the day on which the military overthrown a
constitutionally-elected government, it is unconstitutional to declare and
celebrate it as a national holiday.
In New Patriotic Party (NPP) v. Ghana Broadcasting Corporation (GBC),
November 13, 1993 (Unreported), the NPP, an opposition party,
complained that the GB!: had denied it fair opportunity and equal access
to its facilities to comment on the Government's 1993 budget. The
Supreme Court ordered the GBC to afford the plaintiff, within 2 weeks
from the date of the decision, the same opportunity as it had given to the
ruling National Democratic Party to articulate its views on the 1993
budget.
Articles 4, 5 and 6 of the African Charter
Article 4
Human beings are inviolable. Every human being shall be entitled to
respect for his• life and the integrity of his person. No one may be
arbitrarily deprived of this right.
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Article 5
Every individual shall have the right to the respect of the dignity
inherent in a human being and to the recognition of his legal status. All
forms of exploitation and degradation of man particularly slavery, slave
trade, torture, cruel, inhuman or degrading punishment and treatment
shall be prohibited.
Article 6
Every individual shall have the right to liberty and to the security of his
person. No one may be deprived of his freedom except for reasons and
conditions previously laid down by law. In particular, no one may be
arbitrarily arrested or detained.
a. THE GHANAIAN CONSTITUTION
Articles 13 to 16 of the Constitution provide:
No person shall be deprived of his life intentionally except in exercise of
the execution of a sentence of a court of a criminal offence under the
laws of Ghana of which he has been convicted.
Article 14 of the Constitution provides:
1. Every person shall be entitled to his personal liberty and no person
shall be deprived of his personal liberty except in accordance with
procedure permitted by law.
2. A person who is arrested, restricted or detained shall be informed
immediately, in a language that he understands, of the reasons for his
arrest, restriction or detention and of his right to a lawyer of his
choice.
Article 15 of the Constitution, as noted earlier, provides as follows:
1. The dignity of all persons shall be inviolable.
2. No person shall, whether or not he is arrested, restricted or detained,
be subjected to:
a. torture or other cruel, inhuman or degrading treatment or punishment;
b. any other condition that detracts or is likely to detract from his
dignity and worth as a human being.
Article 16 of the Constitution provides:
1. No person shall be held in slavery or servitude
2. No person shall be required to perform forced labour
The Parliament of Ghana has, through a variety, legislative enactments
given expression to its commitment to the promotion and protection of
the dignity of the individual. Laws prohibiting all forms of slavery and
enslavement, as well as dehumanizing cultural practices, have been passed
since 1993.
In addition, several independent statutory national institutions have
championed the preservation and promotion of the dignity of the
individual through a variety of public educational programmes. Among
these are the Commission on Human Rights and Administrative Justice,
the National Commission on Civic Education, the National Commission on
Children, and the National Commission on Culture. Other para-statal
organizations, such as and the National Council for Women and
Development, and a plethora of NGOs are also actively involved in this
important endeavour. Their activities cover such themes as the
prevention of unlawful cetentions, police and military brutalities against
citizens, sexual and racial harassment and violence against women,
children and persons with physical and mental disabilities.
Article 7 of the African Charter
Article 7
Every individual shall have the right to have his cause heard.
This comprises:
a. The right to an appeal to competent national organs against acts
violating his fundamental rights as recognized and guaranteed
by conventions, laws, regulations and customs in force;
b. The right to be presumed innocent until proved guilty by a
competent court or tribunal;
c. counsel of his choice;
d. The right to be tried within a reasonable time by an impartial
court or tribunal.
2. No one may be condemned for an act or omission, which did not
constitute a legally punithable offence at the time it, was committed. No
penalty may be inflicted for an offence for which no provisions was made
at the time it was committed. Punishment is personal and can be imposed
only on the offender.
THE GHANAIAN CONSTITUTION
Article 19 of the Constitution
1. A person charged with a criminal offence shall be given a fair hearing
within a reasonable time by a court
2. A person charged wita a criminal offence shall:
a. in the case of an offence other than high treason or reasons,
the punishment for which is death or imprisonment for life, be
tried by a judge and jury and where the punishment is death the verdict of the jury shall
be unanimous; and
in the case of life imprisonment, the verdict of the jury shall
be by such majority as Parliament may be law prescribe;
ei •
Article 19 of the Constitution contains several provisions guaranteeing
fair trial for persons charged with offences under the laws of Ghana.
Article 23 of the Constitution further provides that:
"Administrative b >dies and administrative officials shall act fairly
and reasonably and comply with the requirements imposed on them
by law and person aggrieved by the exercise of such acts and
decisions shall have the right to seek redress before a court or
other tribunal."
LEGISLATION AND POLICY
Legal Aid Board
The Legal Aid Board is established to serve as a body to offer free legal
services at the expense of the state for indigent clients.
The Commission on Human Rights And Administrative Justice
Article 216 of the Constitution entrenches the creation and maintenance
of the Commission on ,Human Rights and Administrative Justice (CHRAJ)
as an independent, statutory human rights agency.
Established by the Human Rights and Administrative Justice Act [Act
456J on July 6, 1993, the CHRAJ was formally inaugurated in October
1993. It is charged with the multiple responsibilities of investigating and
mediating human rights complaints. The CHRAJ also doubles as an agency
for preventing, investigating and redressing administrative injustices and
corruption.
The CHRAJ has also been spear-heading a national campaign against
unlawful detentions and detention beyond the allowable period of not
more 48 hours. The CHRAJ undertakes regular inspection of prisons and
police cells in order to ensure that inmates live under safe and congenial
environment.
In addition, CHRAJ is responsible for educating members of the public
about their rights and obligations under the Act, in consonance with the
values of our new constitutional democratic order.
Articles 8 and 9 of the African
Article 8
Freedom of conscience, the profession and free practice of religions shall
by guaranteed. No one may, subject to law and order, be submitted to
measures restricting the exercise of these freedoms.
Article 9
1. Every individual shall have the right to receive information.
2. Every individual shall have their right to express and disseminate his
opinions within the law.
THE GHANAIAN CONS IITUTION
Article 21 of the Constitution provides:
All person shall have the right to:
a.
freedom of speech and expression, which shall include academic
freedom of the press and other media;
b.
freedom of thought, conscience and belief which shall include
academic freedom;
c.
freedom to practise any religion and to manifest such practice;
d.
freedom of assembly including freedom to take part in processions
and demonstrations;
e.
freedom of association, which shall include freedom to form or join
trade unions or other associations, national and international, for the
protection of their interest;
,t+.
f.
information, subject to such qualifications and laws as are necessary
in a democratic society;
g.
freedom of movement which means the rights to leave and enter
Ghana and immunity from expulsion from Ghana.
In addition, Article 162 of the Constitution guarantees freedom and
independence of the media. Article 165 recognises media rights and
freedoms as additional to fundamental human rights. In effect, the
principle of the freedom and independence of the media as an essential
requirement of a free and democratic society is entrenched in the
Constitution.
Article 162 of the Constitution also prohibits media censorship in Ghana.
Furthermore, no person is required to obtain a license as a prerequisite to
establishing or operating a private press or media
Editors and publishers and other of officials of the mass media shall not
be, controlled, interfered with or harassed by the Government or nay
other person for their editorial opinions and views of the contents of
their publications.
The state-owned media is also required by the Constitution to provide
fair opportunity for The presentation of divergent views and dissenting
opinions. In addition, publishers and editors are obliged to publish
rejoinders from persons affected by earlier publications.
The National Media Commission
Article 166(1) of the Constitution provides for the setting up of a
National Media Commission (NMC) whose functions shall include the
following:
a. to promote and ensure the freedom and independence of the media
for mass communicafon or information;
b. to take all appropriate measures to ensure the establishment and
maintenance of the highest journalistic standards in the mass media,
including the investigation, mediation and settlement of complaints
made against or by the press or other mass media;
c. to insulate the state owned media from government control:
d. to make regulations by constitutional for the registrations by
constitutional for the registration of
newspapers and other
publications, expect that the regulations shall not provide for the
exercise of any direction or control over the professional functions of
a person engaged in the production of newspapers or other means of
mass communication.
The NMC, since its establishment in 1993, has been mediating complaints
alleging infraction of privacy rights. It has facilitated out-of-court
settlement of libel cases brought against journalists and other media
practitioners.
The media scene in Ghana is replete with private radio stations which run
interactive Programmes geared towards promoting accountability and
transparency in governance - e.g. phone-ins, talk shows, etc. There are
seven FM stations in Accra alone, with all the remaining nine regional
capitals having at least one FM station. Kumasi, the second largest city in
Ghana, boasts five FM radio stations.
A robust private press, made up of approximately 11 newspapers,
competes for regular readership with the two national dailies (The
Ghanaian Times and the
Graphic) and the two weeklies (The Weekly
Spectator and The Mirror) which are state- controlled. Various highquality professional magazines also maintain a prominent presence on the
newsstands. Radio, television and newspapers reach virtually every corner
of Ghana.
As
noted earlier, the National Media Commission has oversight
responsibilities for the free exercise of media freedom and the
resolution of administrative issues and conflicts in the operation of the
media. Today, there is a relatively free and vibrant media in Ghana
compared with the situation in the PNI)C era.
The Ghana Journalist Association (GJA), in conjunction with the NMC,
has drawn up a Code of Ethics to guide media practitioners in attaining
qualitative professional conduct among media practitioners.
Articles 10 and 11 of f ', e African Charter
Article 10
.1. Every individual shall have the right to free association provided that
he abides by the law.
2. Subject to the obligation of solidarity provided for in Article 29 no
one may be compelled to join an association.
Article .11
Every individual shall have the right assemble freely with others. The
exercise of this right shall be subject only necessary restrictions
provided for by law in particularly those enacted in the interest of
national security, the safety, health, ethics and rights and freedoms of
others.
LEGISLATION AND POLICY
Article 21 of the Constitution also provides:
1. All person shall have the right to:
a. freedom of speech and expression, which shall include academic
freedom of the press and other media;
b. freedom of thought, conscience and belief which shall include
academic freedom;
c. freedom to practise any religion and to manifest such practice;
d. freedom of assembly including freedom to take part in
processions and demonstrations;
e. freedom of association, which shall include freedom to form or
join trade unions or other associations, national and
international, for the protection of their interest;
f. information, subject to such qualifications and laws as are
necessary in a democratic society;
g. freedom of movement which means the rights to leave and
enter Ghana and immunity from expulsion from Ghana.
Political Pluralism in Ghana
Ghana has a pluralistic political system, which is manifest in the right to
form political parties in accordance with the Political Parties Law
(PNDCL). Article 3 of the 1992 Constitution debars Parliament from
enacting a law establishing a one-party state whilst Article 55(a)
guarantees the right to form political parties. There are approximately 7
registered political parties in the country.
Professional and Interest Group Activity
Numerous professional bodies and interest groups also exist to freely
champion the cause of their various constituents, and to exert pressures
and checks on the state to act in ways favourable to their members.
Among the most politically vocal and influential interests groups in the
country are the Trade Unions Congress (TUC), the Ghana Bar Association
(GBA), the Ghana Medical Association (GMA), the Ghana National
Association of Teachers (GNAT), the National Union of Ghanaian
Students (NUGS), the Ghana Registered Nurses' Association (GRNA) and
the Judicial Services Staff Association (JUSAG).
Thus, trade unions, political parties and a host of interest groups operate
in an atmosphere of institutionalized pluralism.
Article 12 of the African Charter
.1. Every individual shall have the right to freedom and residence within
the borders of a State provided he abides by the law
2. Every individual shall have the right to leave any country, including his
own, and to return to his country. This right may only be subject to
restrictions, provided for by law for the protections of national
security, law and order, public health or morality.
3. Every individual shall have the right, when persecuted, to seek and
obtain asylum in other countries in accordance with the laws of those
countries and international conventions.
4. A non-national legally admitted in a territory of a State Party to the
present Charter may only be expelled from it by virtue of a decision
taken in accordance with the law.
5 The mass expulsion of non-nationals shall be prohibited. Mass
expulsion shall be that which is aimed at national, racial, ethnic, or
religious groups.
THE GHANAIAN CONSTITUTION
Article 21(1)(g) provides that all persons in Ghana shall have the right to
freedom of movement which means the right to move freely in Ghana, the
right to leave and to enter Ghana, and immunity from expulsion from
Ghana.
There are statutory bodies such as the Ghana Immigration Service and
the National Refugee Board which have responsibility for regulating and
managing immigration and refugee matters.
Article 13 of the African charter
1.
Every citizen shall have the right to participate freely in the
government of his country, either directly or through freely chosen
representatives in accordance with the provisions of the law.
2.
Every citizen shall have the right of equal access to the public
service of his country
3.
Every individual shall have the right to access to public property and
services in strict equality of all persons before the law.
THE GHANAIAN CONSTI1UTION
Article 21(3) of the Constitution provides as follows:
(3) All citizens shall hay.; the right and freedom to form or join political
parties and to participate in political activities subject to such
qualifications and laws in a free and democratic society and are
consistent with this constitution.
Thus, the Constitution guarantees the right of individuals to freely join
or associate with others in the pursuit of professional, occupational,
political and other legitimate social and economic activities.
Decentralization of Political and Administrative Power
By virtue of Article 240 of the Constitution, political power and authority
have been effectively decentralized in Ghana since 1992.
The Constitution guarantees to the people of Ghana a system of local
Government administration that is characterized by the following:
a. the election on a non partisan basis of 70% of the membership of the
Assembly;
b. the local direction and control of decentralized public services and
government institutions; and
c. the financing of developments including the establishment of District
Assemblies Common Fund into which Central Government shall pay at least
5% of total national revenue.
The principle of participation by all the people in government through the
District Assemblies is entrenched in the constitution. Participation of
the people shall be through their election of 70% of the membership of
the District Assembly and also their involvement in the implementation of
the projects and programmes proposed by the Assembly. Communal
labour for development is encouraged and recognized as a vital public
service and duty.
1. At most 307, of the membership of the district assemblies shall be by
appointment of persons from important and identifiable groups in the
district. This will include representatives of traditional authorities.
2. The District Assemblies shall have power to initiate policies and
implement programms designed to develop their districts through the
building of schools, health posts, and provisions of electricity and
water among other functions. These powers extend also to making
appropriate local laws to encourage good government and order in the
localities.
3. Elections to the Assemblies shall be non-partisan and be held every 4
years. Political parties shall not sponsor candidates for elections to
the Assembly. Assemblymen and women are required to have total
allegiance to the community they represent irrespective of their party
preference as individuals.
4. To ensure the availability of financial resources to fund district
projects and prograriimes, the constitution establishes that district
Assemblies Common fund into which at least 5% of the gross revenue
of Ghana realized through taxation and other resources shall be paid.
Payments from the Common Fund to the districts shall be based on a
formular to be established by Parliament with equity as the overriding
principle for allocation of these funds for development.
Other
financial resources shall come from government grants and also monies
raised by District assemblies in exercise of their limited taxation and
licensing powers.
5. Executive power at the District level shall be exercised by the
District chief Executive who shall be responsible for the day-to-day
administration of the district and be the link between the District and
Central Government. He shall be appointed by the President and
approved by two-thirds of the members of the Assembly present and
voting.
The District Chief Executive shall, therefore, be accountable not only
to the President but also to the district assembly and shall be
expected to respect and promote the interest of the district in which
he serves within the framework of national policy. His term of office
shall be four years. He may be removed during the period for abuse
of office by two-thirds of all the members of the District Assembly
He will also be a non-voting member of the District Assembly.
6. The Principal Legislative office of the District Assembly shall be the
Presiding Member of the Assembly. He shall be elected from the
membership of the District Assembly by a two-thirds majority and is
removable by the AssTanbly. His term of office shall be two years and
he may seek re-elect.
He shall co-ordinate and ensure the smooth implementation of the
Assembly's Legislative programme as well as consult from time to time
with the District Chief Executive.
7. Citizens shall have the right to petition the Courts or the Commission
for Human Rights and Administrative Justice for any violations of
their freedoms resulting from the administrative and legislative
actions of the District Assembly and its officers.
8. Regional Minister and Deputy Minister shall be appointed by the
President and shall cc -ordinate the affairs of all the districts through
the Regional Co-ordinating Councils which shall include all District
Chief Executives and Presiding Members in the region.
Thus, the citizenry„ is empowered politically to take part in local
government administration through the decentralisation policy of
government. One hundred and twelve administrative District Assemblies,
with elected members and politically appointed heads, oversee the rural
and community social and economic development. The legal framework for
the realization of this objective is set out in Local Government Act 462
of 1993.
There is, in all, a liberalized political setting characterized by active
competitive politics in aana.
Democracy-Enhancing Institutions
Various independent institutions have also been set up with the mandate
of safeguarding the human and democratic rights of the citizenry. They
include the following:
1. National Commission on Civic Education (NCCE)
2. Electoral Commission
An informal system of networking exists among these bodies. The
objective is to ensure greater inter-agency collaboration in the pursuit of
the broad goals of justice, democratic governance and human rights
advancement in the count ry.
1.
The National Commission on Civic Education (NCCE)
Article 321 of the Constitution provides for the establishment of the
NCCE. The functions of the NCCE, as spelt out in the Constitution,
include the following:
a.
to create and sustain within the society the awareness of the
principles of and objectives of the 1992 Constitution as the
fundamental law of the people of Ghana;
b.
to educate and enccirage the public to defend this constitution at
all times, against all forms of abuse and violation;
c.
to formulate for „the consideration of Government, from time to time,
programmes at the national, regional and district levels aimed at
realising the objectives of the constitution; and
d.
to
formulate, implement and oversee programme intended to
inculcate in the
citizens of Ghana awareness of their civic
responsibilities and appreciation of their rights and obligations as
free people.
The NCCE has been discharging its mandate through educational
programmes aimed at :>ensitizing and raising civic awareness of the
citizenry as far as their rights and responsibilities are concerned.
Examples of such programmes are the formation of Civic Education Clubs
in second and tertiary educational institutions.
Furthermore, a sustained programme for social/professional groups such
as churches, trade associations traditional rules the military, highlight
issues on democracy and good governance.
Za_
2.
The Electoral Commission
Article 43(1) of the constitution provides for the establishment of the
EC. The functions of the EC included the following:
a. to compile the register of voters and revise it at such periods as may
be determined by law;
b. to conduct and supervise all public elections and referenda
c. to educate the people on the electoral process and its purpose; and
d. to undertake programmes of rate expansion of the registration of
voters.
The EC discharges its mandate by organizing periodically elections at the
local government and national levels. It also supervises and conducts
elections for the registered political parties as well as some professional
bodies such as GNAT, TUC, etc.
Article 14 of the African Charter
The right to property shall be guaranteed. It may only be encroached
upon in the interest of public need or in the general interest of the
community and in accordance with the provisions of appropriate laws.
THE GHANAIAN CONSTITUTION
Article 18 of the Constitution provides:
1.
Every person has the right to own property either alone or in
association with othcts.
2.
No person shall be subjected to interference with the privacy of his
home, property, correspondence or communication except in
accordance with law and as may be necessary in a free and
democratic society for public safety or the economic well-being of
the country, for protection of health or murals, for the prevention of
disorder or crime or for the protection of the rights or freedom of
other.
Article 20 of the Constitution provides:
1.
No property of any description, or interest in or right over any
property shall be compulsorily taken possession of or acquired by the
state unless the following conditions are satisfied:
a. the taking of possession or acquisition is necessary in the interest
of. defence, public safety, public order, public morality, public
health, town and country planning or the development or utilization
of property in such a manner as to promote the public benefit; and
b. the necessity for the acquisition is clearly stated and is such as to
provide reasonable justification for causing any hardship that may
result to any person who has an interest in or right over the
property
2. Compulsory acquisition of property by the state shall only be made
under a law which makes provision for:
a. the prompt payment of fair and adequate compensation; and
b. a right of access to the High court by any person who has an
interest in or right over the property whether direct or on appeal
from any other authority for the determination of his interest or
right and the amount of compensation to which he is entitled.
2.
ECONOMIC RIGHTS
Article 15 of African Charter
Article 15
Every individual shall have the right work under equitable and
satisfactory conditions, and shall receive equal pay for equal work.
THE GHANAIAN CONSTITUTION
Article 24 of the Constitution provides:
1. Every person has the right to work under satisfactory, safe and
healthy conditions, and shall receive equal pay for equal work without
distinction of any kind
2. Every worker shall be assured of rest, leisure and reasonable
limitation of working hours and periods of holidays with pay as well as
remuneration for public holidays.
3. Every worker has a right to form or join a trade union of his choice
for the promotion and protection of his economic and social interests.
4. Restrictions shall not be placed on the exercise of the right conferred
by clause (3) of this article except restrictions prescribed by law and
reasonably necessary in the interest of national security or public
order of for the protection of the rights and freedoms of others.
LEGISLATION AND POLICY
Several laws exist to regulate the relationship between employers and
employees, and to ensure non-discrimination in remuneration, as well as
the provision of safe and congenial working environment. Among these
are:
1. Industrial Relations Act
2. Workmen's Compensation Law
3. Factory, Offices and Shops Act
4. Labour Decree; and
5. Investment Code
In addition to the constitutional provisions guaranteeing trade union
rights, such rights are further protected and promoted by the Industrial
Relations Act of 1965, Act 299.
A consumer protection initiative, under
the Environmental Impact Assessment Programme, is being implemented
to protect Ghanaians from the hazardous effects of unrestrained
industrialisation, especially in the mining and commercial tree harvesting
sectors of the economy.
Economic Objectives of the Directive Principles of State Policy
With respect to the economy, Article 36 of the Constitution enjoins the
state to take all necessary measures to ensure "a sound and healthy
economy". Among othe.h. things, it calls on the state to manage the
national economy in such a manner as to maximize the rate of economic
and social development, and to secure the maximum welfare, freedom and
happiness of every person. This includes providing adequate means of
livelihood, suitable employment and public assistance to the needy.
Framework for Promoting Economic Rights
Ghana pursues a macro-economic policy based on a market oriented
liberalized system of economic management. In 1983, the country
adOpted an Economic Recovery/Structural Adjustment Programme
(ERP/SAP).
The economy is deregulated with emphasis on private sector participation.
State owned enterprises (SOEs) are being divested under the Divestiture
Implementation Programme administered by the Divestiture
Implementation Committee (DIC).
An umbrella advisory body to boost private sector participation in the
economy, called the Private Enterprises Foundation (PEF), has been
established. PEF coordinates and shapes policies affecting the private
sector.
To promote investment locally and externally, the Ghana Investments
Promotion Centre (GIPC) has been set up. GIPC facilitates investment
initiatives in accordance with the Investment Promotion Centre Act 1994
(Act 478). A Free Zone-.1 Board has been established to further bolster
competitive investment opportunities.
In addition, a National Development Planning Commission (NDPC) has been
set up with a mandate to plan the overall development objectives of the
country. The NDPC prepared a document known as Vision 2020, which
aimed at addressing a plethora of issues relating to growth and
development in the country. The document is blueprint for the
attainment of Ghana's development goals, including the attainment of
middle-income status, by the year 2020.
A National Board for Small -Scale Businesses also exist to promote
entreprenuership within the non-formal sector of the Ghanaian economy.
A National Institutional Renewal Programme has been initiated to
transform the public service to make it more responsive to the
aspirations of the citizenry.
SOCIAL AND CULTURAL RIGHTS
Article 16 and 17 of the African Charter
Article 16
1: Every individual shall have the right to enjoy the best attainable state
Of physical and mental health.
2. States parties to the represent Charter shall take the necessary
measures to protect the health o their people and to ensure that they
receive medial attention when they are sick.
Article 17
1. Every individual shall have the right to education.
2. Every individual may freely take part n the cultural life of his
community.
3. The promotion and protection of morals and traditional values
recognized by the community shall be the duty of the State.
Social Objectives of the Directive Principles of State Policy
Article 37 of the Constitution enjoins the state to pursue such social
policies as would secure and protect a just social order founded on the
ideals of freedom, equality, probity and accountability. Furthermore, it
shall be a policy of the state to ensure that every citizen has equality of
rights, obligations and opportunities before the law.
THE GHANAIAN CONSTITUTION
Article 25 of the Constitution provides:
1. All persons shall have the right to equal educational opportunities and
facilities.
2. Every persOn shall have the right, at his own expense, to establish and
maintain a private school or schools at all levels and of such categories
and in accordance with such conditions as may be provided by law.
Article 26 also provides as follows:
26 (1) Every person is entitled to enjoy, practice, profess, maintain and
promote any culture, language, tradition or religion subject to the
provisions of this constitution.
Education and Training
Public schools funded by government co-exist with numerous private
educational institutions, from nursery to senior secondary school. Five
public universities exist in the country. One private university was
established in Accra in 1998, and several religious bodies have recently
unveiled plans to establish additional universities in various parts of the
country.
The Government of Ghana has introduced a policy of Free, Compulsory
and Universal Basic Education (FCUBE) in the country. The policy seeks to
provide equal educational opportunities, especially at the basic level, for
children of school going age.
The Ghana Education Service, which is the policy implementation agency
of the Ministry of Education, has also set up a Non-Formal Educational
Department which promotes functional literacy among new adult learners.
Literacy
Although there has been some improvement in overall literacy rates in
Ghana, a strong gender differential in education remains. For example,
between 1970 and 1995, the overall literacy rate more than doubled from
30% to 64%; however, the female adult literacy rate in 1995 was 53%,
versus 76% for men.
Moreover, the literacy gap shrunk only Marginally from 25 percentage
points in 1970 to 23 percentage points in 1995. In 1990, the primary
school enrollment ratio for girls was 69%, whereas he overall primary
school enrollment ration was 77%.
Culture and Human Dignity
Article 15 of the 1992 Constitution provides that the dignity of all person
shall be inviolable. Article 26 also guarantees cultural rights. It further
prohibits customary practices which are degrading, dehumanising or
injurious to the dignity of a person.
A National Commission on Culture (CNC) has been set up to promote a
systematic cultural review. The objective is to ensure the promotion and
enhancement of the positive elements of Ghanaian culture and to
discourage the maintenance of those cultural values and practices which
derogate from the dignity of the individual or which conflict with
internationally-recognized standards of decency.
There is a sustained programme of education aimed at abolishing
obnoxious cultural practices such as female genital mutilation (FGM),
trokosi, maltreatment of persons suspected to be witches (usually
women), and widowhood rites. This Programme is spear-headed by the
CHRAJ, the NCCE and a variety of civil liberty-oriented NGOs such as
International Needs (G1;ana), FIDA, and the 315t December Women's
Movement.
In 1995, Parliament passed a law abolishing FGM in Ghana. The practice
continues nonetheless, and the CHRAJ and various human rights actors
are increasingly pursuing a two-pronged approach of encouraging
prosecution of offenders and the education of the public.
In August 1998, Parliament passed a bill prohibiting customary servitude,
including the infamous trokosi system under which vestal virgins, usually
young girls and women, are held in virtual slavery at fetish shrines in
atonement for the alleged moral transgressions of their parents or other
family members. As with the struggle against FGM, the CHRAJ has been
urging the police and thf• wider society to couple prosecution with public
education in the campaign to combat the trokosi system.
3-0
Cultural Objectives
Article 39 of the Constitution enjoins the state to ensure that
appropriate customary and cultural values are adapted and developed as
an integral part of the growing needs of society. However, traditional
practices which are injurious to the health and well-being of the person
are to be abolished.
Preservation of the Institution of Chieftaincy
In recognition of our time-honoured cultural heritage, article 270 of the
constitution guarantees the institution of chieftaincy, together with its
traditional councils, as established by customary law and usage. The
article further insulates the institution from control by any authority
whatsoever. In addition, it provides the following framework to guide the
institution of chieftaincy:
1. A Chief shall not take part in active party politic and any chief wishing
to do so shall abdicate his stool or skin. However, a chief may be
appointed to any public office for which he is qualified.
2. The power of government to give recognition to a Chief by way of
gazetting is not required.
3. A person who has been convicted of serious crimes such as treason or
offences involving dishonesty or moral turpitude shall not qualify to
become a Chief.
4. Matters affecting Chieftaincy shall be mainly decided by Regional and
National Houses of Chiefs.
5. Before any bill which affects the institution of chieftaincy is
introduced in Parliament, if must first be referred to the National
House of Chiefs.
3I•
Article 18 of the Charter
.1. The family shall be the natural unit and basis of society. It shall be
protected by the State, which shall take care of its physical and
moral health
2.
The State shall have the duty to assist the family, which is the
custodian of morals and traditional values recognized by the
community
3.
The State shall ensure the elimination of every discrimination against
women and also ensure the protection of the rights of the women and
the child as stipulated in international declarations and conventions.
4.
The aged and the disabled shall also have the right so special
measures of protection in keeping with their physical or moral needs.
THE GHANAIAN CONSTITUTION
The Rights of Women, Children, Families and the Disabled
I.
Protection of the Family
Like most social institutions in contemporary Africa, the family is the site
of major struggles for human social advancement, release and realization
of the human potential. Several articles in the Constitution provide for
the protection of individuals from discrimination and other forms of
unfair treatment. Most of these provisions serve to strengthen the
family; an institution widely recognized as one of the most fundamental
agents of social development.
Several aspects of the Constitution are progressive in their potential
contribution to the protection of family welfare in Ghana. Without
seeking to provide an exhaustive list of these provisions, it is pertinent to
identify the following:
Article 26(2) which provides that "all cu s tomary practices which
dehumanize or are injurious to the physical and mental well-being of a
person are prohibited";
•
Article 27(1) which enjoins society, particularly employers, to accord
"special care" to mothers during a reasonable period before and after
child-birth, and to provide "working mothers" with paid leave;
The Rights of Women
•
Article 27(2) which stipulates that facilities shall be provided for the
care of children below school-going age to enable women, who have the
traditional care for children, realise their full potential"; and
•
Article 27(3) provides that "Women shall be guaranteed equal rights
to training and promotion without any impediments from any person".
The Constitution provides for the equal and equitable treatment of both
women and men. Article 17(2) of the Constitution prohibits discrimination
based on several grounds including sex. Specifically, it provides that:
"17(2) A person shall not be discriminated against on grounds of gender,
race, colour, ethnic origin, religion, creed or social or economic status."
(Emphasis added)
In a recent landmark decision in
Tettey v. Alorvor, the CHRAJ
interpreted the prohibition against gender-based discrimination in
employment as including a prohibition against sexual harassment.
Partly as a result of advocacy work undertaken in furtherance of this
provision, and partly as a result of general social development and a
noticeable enhancement in the knowledge base of our society, there has
been a remarkable progress toward redressing the acute gender
imbalances and discriminatory treatment of women.
The average life expectancy for women in Ghana is 58 years, compared to
54 years for men. For both sexes combined, the average life expectancy
is 56.
Approximately 28% of cP,rrently married women (including nearly 40% of
married women in their forties) are in polygynous unions.
s3,
Affirmative Action Policy
The government recently approved recommendations on Affirmative
Action and subsequently announced the setting up of a Committee on
Affirmative Action.
The Affirmative Action strategy seeks enhance women's representation
in the "centres of relevance" and their effective contribution to the
development and implementation of policies. Among other things, the
policy aims at redressing the significant systemic and historic gender
imbalance in the representation of the sexes in the political and
administrative spheres of the nation.
The Affirmative Action policy represents a greater commitment to social
justice and fairness; it signifies recognition of the invaluable contribution
women make to society and can make better if given the opportunity. It
seeks to ensure appropriate representation of women on all advisory
bodies; appointment of more women into government and to serve on
Public Boards, Commissions, Councils, Committees and official bodies,
including cabinet and the council of state.
It is envisaged that, lb the medium and long term, women's representation
on the above advisory boards would increase to a minimum of 40%.
Furthermore, 30% of the seats in the (District and Sub-districts
Assemble are to be alloted to women to ensure adequate representation
in local government admii.istration.
Politically, government has tasked the Electoral Commission to encourage
political parties to put up more women as parliamentary candidates.
The National Council on Women and Development (NCWD) is being
strengthened and resourced adequately to promote women's rights,
including the realization of Programmes focused on uplifting the Ghanaian
women.
Various women-centred NGOs, such as the 31st DWM and FIDA run
programmes to supplement the efforts of the NCWD.
The Rights of Children
Article 28 of the 1992 Constitution gives full recognition to the rights of
all children in Ghana and enjoins Parliament, parents and society at large
to respect and protect the rights of children in order to ensure their
well-being and development. Special care and maintenance provisions are
contained in Article 28 of the Constitution.
Ghana chalked a major international feat in the protection of the right of
the child by being the first country to ratify the UN Convention on the
Rights of Child (CRC) in 1990.
Ghana went further to demonstrate its commitment to CRC by preparing
a National Programme of Action called "The child Cannot Wait", to deal
with the provisions of the CRC.
Prior to the ratification of CRC, Ghana had long displayed its commitment
to ,upholding the right of the child. In 1979, the Ghana National
Commission on Children (GNCC) was established to articulate children's
concerns and issues to shape policies and initiatives affecting the
Ghanaian child.
Landmark initiatives aimed at promoting the rights of the child in Ghana
include the commissioning of a consultant in 1985/86 by the GNCC to
conduct a study on the status of the Ghanaian child.
As a socially vulnerable group, growth of the child and attainment of his
right as enshrined in the CRC are being addressed in a multi-faceted
manner:
•
In the area of education, the FCUBE Programme has been introduced
to address issues of inequitable access, deterioration and inefficiency
service delivery. Early Childhood Development Centre have been set
up to promote child-care at pre-school level.
•
On health, national programmes dubbed the Expanded Programme on
Immunisation (EPI), Primary Health Care (PHC) and the proposed
National Health Insurance Scheme have been designed to protect the
child against preventable killer diseases as well as addressing the
constraints affecting the child's access to health delivery.
•
Socio-cultural practices, which fetter the growth and self-confidence
of children, are being checked by the passage of the Children's Act
(1998). Among these practices are barter marriages, early bethrotal
of the girl child, FGM, trokosi and cruel and degrading punishment
•
The Criminal code (Amendment) Act also provides heavier sanctions
for offences relating to child abuse such a rape and defilement.
The Department of Social Welfare (DSW), in conjunction with the Family
Tribunals, protect the child's right to maintenance. DSW also provides a
regulatory framework for child fostering and placing. It runs children's
homes for parentless children. Furthermore, DSW has set up Child
Survival and Development Committees to sensitze parents and school
children on child survival and development issue.
NGOs play significant role in the realisation of the rights of the child.
In 1995, the Ghana NGO Coalition on the Rights of the child was formed
with a membership comprising about 40 NGOs located in Accra alone.
The coalition's main task is to monitor the implementation of CRC.
Intestate Succession Law (PNDCL 111) protects the child from denial of
his interest in the estate of the deceased parent(s). The law also
provides a safety net for a surviving spouse and his or her children.
The Department of Social welfare (DSW) and the Family Tribunal system
provide protection for children in need of parental care and attention.
The Rights of the Disabled
Persons with physical disability are estimated to be approximately 10% of
the wider population. Roughly 2-5 % of this figure is made up of persons
with visual impairment. The number of persons with various degrees of
mental disability may be equally high. By their sheer numbers, persons
with disability constitute a significant portion of society, and improving
their conditions constitute a major social issue of our time.
Article 29 of the 1992 Constitution protects the disabled from
discrimination and guarantees working and living conditions as close as
36
possible to those of the normal life of a person of his age. Article 29(1)
assures the wellbeing of the disabled in the family context.
Article 29(2) also protects such persons from discrimination in tenancy
and requires reasoncae modifications to housing facilities to
accommodate their disabilities and to ensure their full and equitable
enjoyment of housing opportunities commonly taken for granted by the
able-bodied community.
Notwithstanding these constitutional guarantees, there is widespread
discrimination against disabled persons in our society. We have not yet
fostered widespread public awareness of the rights of disabled persons.
As a result, such persons face discrimination in employment and rental
accommodation, and their promotional opportunities in the workplace are
often dwindled by a generalized misconception of them and their
capabilities.
Such negative societal aptitudes and practices contribute significantly to
further disabling the disabled. Faced by unequal and segregated
education, chronic unemployment, lack of job-training opportunities,
unfair competition, paternalism and condescension from the larger
society, the disabled are at a great disadvantage in society in asserting
and enjoying their fundamental human rights.
The Ghana Society for the Disabled is dedicated to the advancement of
the rights of persons with disabilities. It provides advocacy on behalf of
such persons and renders them referral services.
The CHRAJ recommends the adoption of bold and innovative national
policies, including an employment equity legislation, to address the
problems of the disabled in our society.
Problems in Implementing the Charter
In Ghana, several factors hinder the full and effective enjoyment of
many of the rights and freedoms enunciated in the Charter. Notable
among these are a lack of awareness of fundamental human rights, lack of
a national program of public education on human rights, a patriarchal
social order, and deep-seated cultural dispositions that are unfavourable
to rights claims. Other factors include lack of funding for comprehensive
mass public education on human rights and the strength of certain
cultural norms, values and practices which are inimical to human rights
and derogate from the dignity of the individual.
1.
Lack of Awareness about Human Rights
The continued existence of a patriarchal social order that is buttressed
by widespread ignorance of rights and a relatively low literacy level is one
hindrance to human rights enjoyment. Illiteracy is an enemy to human
rights and freedoms; it is also a hindrance to the proper appreciation of
the rights of others, and the performance of corresponding duties and
obligations.
2.
Patriarchal Dominance and Cultural Personality
Ghanaians have a gentle national persona. The Ghanaian socio-cultural
milieu also eschews assertiveness. There is, as well, a generalized
veneration of authority, hoth traditional and modern. In addition, there is
a decisively dissuasive rather than enabling environment for selfassertiveness.
Politically, despite the elaborate civil liberty guarantees, as enshrined in
the 1992 Constitution, Ghanaians still find it difficult to demand
accountability and transparency from government institutions and highranking public officials, who may be charged with promoting and
protecting human rights and democratic values.
Together, these circumstances foster widespread tolerance and
endurance of rights violations by many victims, including some who are
well-educated. This means that relatively few Ghanaians assert their
rights, or consider it aripropriate for younger persons to make rights
claims against older persons or those in authority over them.
As a result of such deeply-ingrained cultural attitudes of subordination
and subjection, women, children, students and subordinates in the
workplace rarely complain openly about human rights violations to which
they are subjected. People are encouraged to "give it all to God", rather
than to pursue their rights and seek redress for rights violations
perpetrated by husbands, parents, police officers or employers. This
situation is aggravated by the reality of the victims' economic dependence
on the abusers and their acute sense of helplessness.
3?'
3.
Financial Constraints
Despite its laudable strides at democratization and economic recovery,
Ghana is still trapped in the throes of dependence on external funding for
crucial national progammes aimed at ensuring a durable democratic
system of governance.
Thus, the resources needed to fund the democratic agenda are limited
and thereby pose a major threat to progress in this direction. The
constitutional and statutory agencies charged with educating the public
on human rights and civic responsibilities, such as the CHRAJ and the
NCCE, are yet to develop a comprehensive program of education, backed
by the requisite level of funding, to combat the problem of ignorance of
human rights.
4.
Criminal Libel Law
There is a raging debate in Ghana on the desirability and constitutionality
of criminal libel laws given the current democratic dispensation of which
freedom of expression, including freedom of the media, is a key or
foundational cornerstone. The right to information as basis for informed
appreciation of issues and events is hampered by the existence on the
statute books of legislation in respect of criminal libel. The private media
find this piece of legislation as an affront to press freedom since it has
been the subject of various libel suits pending before the courts.
Summary
Overall, there has been a commendable rise in Parliamentary Democracy
and the. liberalism. On the whole human rights have improved greatly
since the coming into force of the 1992 Constitution and the creation of
the Commission. Arbitrary arrests and detention, etc. are gradually
becoming a thing of the past. The aim of the Commission's awareness
campaign is to cultivate a human rights culture among Ghanaians.
Ghanaians have also witnessed generalized improvements in the scale of
enjoyment of economic, social and cultural rights. There is, in addition, an
on-going cultural review in the country, the objective of which is to
eradicate elements of our cultures and traditions which are degrading or
dehumanising.