REPORT OF THE PROMOTION MISSION TO THE REPUBLIC OF
GHANA
BY
HONOURABLE COMMISSIONER JANET RAMATOULIE SALLAHNJIE
(Vice-Chairperson of the Commission;
Commissioner responsible for the promotion of human rights in Ghana;
Special Rapporteur on the Rights of Women in Africa)
HONOURABLE COMMISSIONER SOLOMON AYELE DERSSO
(Chairperson, Working Group on Extractive Industries,
Environment and Human Rights Violations in Africa)
HONOURABLE COMMISSIONER HATEM ESSAIEM
(Chairperson, Committee for the Prevention of Torture in Africa)
HONOURABLE COMMISSIONER MARIA TERESA MANUELA
(Special Rapporteur on Prisons, Conditions of Detention
and Policing in Africa)
HONOURABLE COMMISSIONER MUDFORD ZACHARIAH
MWANDENGA
(Chairperson, Working Group on Economic, Social and Cultural Rights)
29 SEPTEMBER TO 02 OCTOBER 2025
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TABLE OF CONTENTS
ACKNOWLEDGMENTS
EXECUTIVE SUMMARY
1.0
INTRODUCTION
1.1
1.2
1.3
1.4
1.5
Composition of the Delegation
Terms of Reference
Previous Engagements between the Commission and Ghana
Country Profile
Methodology
2.0
FINDINGS
2.1
2.2
2.3
2.4
2.5
2.6
2.7
2.8
2.9
2.10
2.11
2.12
2.13
2.14
2.15
2.16
2.17
2.18
Legislative and other measures to implement the provisions of the African
Charter
The right to life
The prohibition and prevention of torture
Prisons, conditions of detention, and the Police
Access to justice and the Rule of Law
Freedom of expression and access to information
Civil Society and Human Rights Defenders
Refugees, Asylum Seekers, Migrants, and IDPs
The right to participate freely in Government
The right to employment
The right to health
The right to education
The rights of women
The rights of children
Persons with disabilities
Older persons
Indigenous Populations and Minority Groups
Extractive Industries and Environment
3.0
RECOMMENDATIONS
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I. ACRONYMS AND ABBREVIATIONS
ACHPR
CHRAJ
CSO
FGM
GBV
HIV
LGBTI
MDA
MCA
MP
NHIS
NPM
OPCAT
PWD
SRH
UPR
UNCT
UNDP
UNFPA
UNICEF
UNODC
- African Commission on Human and Peoples' Rights
- Commission on Human Rights and Administrative Justice (Ghana)
- Civil Society Organisation
- Female Genital Mutilation
- Gender-Based Violence
- Human Immunodeficiency Virus
- Lesbian, Gay, Bisexual, Transgender, and Intersex
- Ministry, Department, or Agency
- Mining Compliance Authority
- Member of Parliament
- National Health Insurance Scheme (Ghana)
- National Preventive Mechanism (under OPCAT)
- Optional Protocol to the Convention against Torture
- Person with Disabilities
- Sexual and Reproductive Health
- Universal Periodic Review
- United Nations Country Team (Ghana)
- United Nations Development Programme
- United Nations Population Fund
- United Nations Children's Fund
- United Nations Office on Drugs and Crime
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ACKNOWLEDGEMENTS
The African Commission on Human and Peoples' Rights (the Commission) expresses
its profound gratitude to the Government of the Republic of Ghana for authorizing
and facilitating the Promotion Mission, and for placing the facilities, support, and
personnel at the Delegation's disposal that ensured its success.
Particular appreciation is extended to the Minister for Foreign Affairs and Regional
Integration, Honourable Samuel Okudzeto Ablakwa (MP), for graciously receiving
the Delegation upon his return and for the constructive debriefing during which the
commitment to sign the African Union Convention on Ending Violence Against
Women and Girls (AUCEVAWG) was made and subsequently fulfilled. The
Commission is equally grateful to the Deputy Minister of Foreign Affairs, Honourable
James Gyakye Quayson, for formally receiving the Delegation on behalf of the
Minister at the outset of the mission, and to his Esteemed colleagues for the exemplary
coordination throughout the visit.
The Commission further extends its gratitude to the Honourable Ministers, Members
of Parliament, the Judiciary, the Commission on Human Rights and Administrative
Justice (CHRAJ), independent oversight institutions, Civil Society Organisations
(CSOs), media representatives, international organisations, and individuals who
engaged candidly with the Delegation.
The Commission is especially grateful to the management and staff of Nsawam
Medium Security Prison, the Female Nsawam Prison, and the Osu Children’s Home
for facilitating site visits and open exchanges. The hospitality and constructive spirit
demonstrated during the visits are warmly acknowledged. The Commission looks
forward to continued engagement with all stakeholders in Ghana to advance human
and peoples’ rights.
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EXECUTIVE SUMMARY
Pursuant to Article 45(1) of the African Charter on Human and Peoples’ Rights (the
African Charter) and Rule 76(1) of its Rules of Procedure (2020), the Commission
undertook a four-day Promotion Mission to the Republic of Ghana from 29 September
to 02 October 2025, authorized by the Government of Ghana and led by Honourable
Commissioner Janet Ramatoulie Sallah-Njie (Vice-Chairperson of the Commission;
Country Rapporteur for Ghana and Special Rapporteur on the Rights of Women in
Africa). The Delegation included Honourable Commissioner Solomon Ayele Dersso
(Chairperson, Working Group on Extractive Industries, Environment and Human
Rights Violations in Africa); Honourable Commissioner Hatem Essaiem
(Chairperson, Committee for the Prevention of Torture in Africa); Honourable
Commissioner Maria Teresa Manuela (Special Rapporteur on Prisons, Conditions of
Detention and Policing in Africa); and Honourable Commissioner Mudford
Zachariah Mwandenga (Chairperson, Working Group on Economic, Social and
Cultural Rights in Africa). The Mission’s objectives were publicly announced by the
Commission in advance of the Mission, and a concluding press statement was issued
at the end of the visit.
The Delegation met a broad range of counterparts, including: Government Ministers
and senior officials; the Speaker and Members of Parliament; the Judiciary; the
CHRAJ; CSOs; the media; the United Nations Country Team and development
partners. In addition, the Delegation visited the Nsawam Medium Security Prison, the
Female Nsawam Prison, and the Osu Children’s Home.
Positive developments observed include: a progressive and robust domestic legal
framework surpassing regional standards in many areas; pragmatic justice sector
reforms aimed at reducing pre-trial detention; proactive security sector modernization
and accountability initiatives; exemplary rehabilitation and social protection
programs, including within prisons; dedicated institutional mechanisms for
vulnerable groups; and a renewed high-level commitment to engage with the African
human rights system, including a commitment on the submission of overdue State
Reports to the Commission and ratification of key AU human rights instruments.
Key concerns include: a 24-year delay in submitting State Reports under Article 62 of
the African Charter; non-ratification of key AU human rights instruments; severe
prison overcrowding and inconsistent conditions of detention; inadequate police
accountability and oversight mechanisms; the environmental, public health, and
human rights challenges caused by illegal mining (galamsey); a critical implementation
deficit in women’s rights and gender-based violence response, including a lack of
operational State shelters; the marginalization of persons with disabilities and older
persons;; and the absence of specific legislation criminalizing torture and
establishment of a National Preventive Mechanism.
The situation of widespread illegal mining, the aforementioned galamsey, has
escalated beyond an environmental issue into a full-scale human rights emergency,
with devastating multi-sectoral impacts, a fact corroborated by all major stakeholders.
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The report sets out targeted recommendations. These include, inter alia,: to fulfill all
overdue reporting obligations and ratify outstanding instruments; expedite justice
and detention reforms, including passing the Community Sentencing Bill and
legislation criminalizing torture; operationalize robust and independent police
oversight; launch a multi-sectoral response to the galamsey crisis; translate gender laws
into tangible safety and representation outcomes; eradicate harmful practices like
Trokosi; guarantee inclusion and accessibility for persons with disabilities; and uphold
civic space and the rights to freedom of expression and peaceful assembly.
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1.0
INTRODUCTION
1.1 Composition of the Delegation
1. The Commission's Delegation comprised the following:
Honourable Commissioner Janet Ramatoulie Sallah-Njie, Vice-Chairperson of
the Commission, Commissioner responsible for the promotion of human rights
in the Republic of Ghana, and Special Rapporteur on the Rights of Women in
Africa (Head of the Delegation).
Honourable Commissioner Solomon Ayele Dersso, Chairperson of the
Working Group on Extractive Industries, Environment and Human Rights
Violations in Africa.
Honourable Commissioner Hatem Essaiem, Chairperson of the Committee for
the Prevention of Torture in Africa.
Honourable Commissioner Maria Teresa Manuela, Special Rapporteur on
Prisons, Conditions of Detention and Policing in Africa.
Honourable Commissioner Mudford Zachariah Mwandenga, Chairperson of
the Working Group on Economic, Social and Cultural Rights.
2. The Mission was supported by staff from the Commission’s Secretariat: Mrs.
Irene Desiree Mbengue, Senior Legal Officer; and Ms. Eva Heza, Legal Officer.
1.2 Terms of Reference
3. During the Promotion Mission to the Republic of Ghana, the Terms of
Reference for the Mission were to:
i.
ii.
iii.
iv.
v.
vi.
Promote the African Charter and other regional and international human
rights instruments, as well as soft law standards and guidelines adopted by
the Commission;
Advocate for the ratification of outstanding regional and international
human rights instruments that have not yet been ratified by the Republic of
Ghana;
Strengthen collaboration between the Commission and the authorities of
the Republic of Ghana in relation to the promotion and protection of rights
guaranteed under the African Charter and other relevant international
instruments;
Engage in dialogue with the Government of Ghana on legislative and other
measures taken to implement the African Charter and other ratified
instruments;
Raise awareness and visibility of the Commission's mandate and work,
especially among relevant Government departments, national institutions,
and CSOs;
Exchange views and gather information on the exercise and protection of
the right to freedom of expression and access to information in Ghana;
vii.
viii.
ix.
x.
xi.
xii.
xiii.
xiv.
xv.
xvi.
xvii.
Gather relevant information on the situation of vulnerable groups in Ghana,
including: women, children, asylum seekers, refugees, internally displaced
persons, migrants, older persons, persons with disabilities, persons in
detention, indigenous populations/communities, minorities, and persons
living with or affected by HIV/AIDS;
Understand the level of enjoyment of economic, social, and cultural rights
in Ghana, and assess the Government's efforts to fulfil this category of
rights;
Evaluate the impact of HIV/AIDS on the population, and the rights of
people living with HIV/AIDS, those at risk, vulnerable, or affected,
including progress made and existing challenges;
Gather information on the implementation of the Robben Island Guidelines
– the Commission's Guidelines and Measures for the Prohibition and
Prevention of Torture, Cruel, Inhuman or Degrading Treatment or
Punishment in Africa;
Engage with stakeholders on the role and impact of extractive industries in
Ghana, including their environmental impact and implications for human
rights protections;
Gather information on the situation of human rights defenders and assess
the challenges they face in the exercise of their rights and the conduct of
their work;
Meet with representatives of National Human Rights Institutions (NHRIs)
and CSOs involved in human rights promotion and protection;
Visit places of detention and hold discussions with prison authorities and
other stakeholders on issues relating to detention conditions and prison
administration;
Visit other institutions or facilities that have a direct impact on the
enjoyment of human rights in Ghana;
Advocate for the timely submission of Periodic Reports to the Commission
in accordance with Article 62 of the African Charter, and Article 26 of the
Protocol to the African Charter on the Rights of Women in Africa (the
Maputo Protocol);
Follow up on recommendations made by the Commission in previous
Concluding Observations and decisions relating to Ghana.
1.3 Previous Engagements between the Commission and Ghana
4. The mission, undertaken from 29 September to 02 October 2025, constitutes the
second Promotion Mission of the Commission to the Republic of Ghana. The
first Promotion Mission was undertaken by Commissioner Musa Ngary Bitaye,
in his capacity as the Commissioner responsible for the human rights situation
in Ghana and Chairperson of the Working Group on Indigenous
Populations/Communities in Africa, from 01 to 05 September 2008.
5. The Republic of Ghana ratified the African Charter on 24 January 1989 and has
submitted two Periodic Reports under Article 62 of the Charter:
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The Initial Report, covering the period 1990–1992, was reviewed by
the Commission during its 14th Ordinary Session in Addis Ababa,
Ethiopia (02–16 May 2002).
The Second Periodic Report, covering the period 1993–2000, was
reviewed during the Commission's 29th Ordinary Session in Tripoli,
Libya (23 April – 07 May 2001).
6. Ghana has not submitted a subsequent Periodic Report since 2001, resulting in
eleven (11) overdue reports to date.
7. Ghana ratified the Maputo Protocol on 13 June 2007; however, it has not
submitted its Initial Report as required under Article 26 of the Protocol.
8. The Commission has finalized several Communications submitted against the
Republic of Ghana. Notable among these is Communication 103/93: Alhassan
Abubakar v. Ghana, in which the Commission found violations of Articles 6
(right to liberty) and 7(1)(d) (right to be tried within a reasonable time) of the
African Charter. The decision, adopted at the 20th Ordinary Session in October
1996, urged the Government to take steps to repair the prejudice suffered by
the victim. Other Communications were declared inadmissible or withdrawn.
1.4 Country Profile
9. The Republic of Ghana is a West African nation bordered by Côte d’Ivoire to
the west, Burkina Faso to the north, Togo to the east, and the Gulf of Guinea to
the south. The capital and largest city is Accra. With a land area of
approximately 238,535 km², Ghana is home to a population of over 34 million
people (2025 estimate), comprising diverse ethnic and linguistic groups.
10. Ghana is a unitary presidential constitutional democracy. The President,
currently H.E. John Dramani Mahama, serves as both Head of State and
Government, elected through a direct popular vote for a term of four years,
renewable once. The President is assisted by a Vice President and a Cabinet of
Ministers.
11. Legislative power is vested in the unicameral Parliament of Ghana, composed
of 275 members elected from single-member constituencies. The current
Parliament is led by the Speaker, Rt. Hon. Alban Kingsford Sumana Bagbin.
12. The Judiciary is independent, as guaranteed by the 1992 Constitution. It
consists of the Supreme Court (the highest court), the Court of Appeal, the High
Court, and various lower courts and tribunals, presided over by the Chief
Justice.
13. Ghana is a lower-middle-income economy and a significant producer of gold,
cocoa, and oil. The country demonstrates a strong commitment to democratic
governance and human rights, often cited as a model of political stability in the
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region. Key human development indicators show progress, though challenges
remain in areas such as economic inequality, rural development, and access to
quality services.
1.5 Methodology
14. During the Mission, the Delegation of the Commission met with a wide range
of stakeholders, including the following senior Government officials:
i.
ii.
iii.
iv.
v.
vi.
Minister of Foreign Affairs;
Deputy Minister of Foreign Affairs;
Minister for the Interior;
Minister of Gender, Children, and Social Protection;
Deputy Attorney-General and Minister of Justice;
Speaker of Parliament.
15. The Delegation also met with:
i.
ii.
iii.
iv.
v.
Senior officials from key Ministries, Departments, and Agencies
(MDAs);
The Judiciary and representatives of the Attorney-General's
Department;
The CHRAJ;
The United Nations Country Team and other international
development partners;
A broad coalition of CSOs.
16. The Delegation also conducted visits to key institutions relevant for the
promotion and protection of human rights in Ghana, including:
i.
ii.
Nsawam Medium Security Prison and Female Nsawam Prison,
where they engaged with both inmates and correctional staff to
assess conditions of detention and rehabilitation programs;
The Osu Children’s Home, to examine the status and care of
vulnerable children.
17. The Mission concluded with a Press Conference, during which the Delegation
presented its preliminary findings and recommendations and engaged with
national and international media to raise public awareness of the Commission's
mandate and the purpose of the visit.
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2
FINDINGS
19. During the Mission, which lasted four (4) days, the Delegation observed that
its interactions with Government representatives, Parliament, independent
institutions, civil society actors, and other stakeholders were extensive and
constructive. These engagements allowed the Delegation to gather meaningful
insights on the human rights situation in the Republic of Ghana.
20. The Delegation welcomed the high-level access and openness granted by the
Government, and the substantive meetings held with some Ministers and
heads of institutions. The commitment shown by officials to engage on key
human rights matters was commendable.
21. In light of the above, the findings presented in this report are based solely on
the interviews conducted, institutional visits undertaken, and documents
accessed during the in-country phase of the Mission.
2.1.
Legislative and Other Measures to Implement the Provisions of the
African Charter
22. The Delegation received comprehensive information on the Constitutional and
legislative framework of Ghana, which provides strong guarantees for civil,
political, economic, social, and cultural rights. The 1992 Constitution of Ghana
enshrines fundamental freedoms and justiciable principles. Authorities
highlighted the existence of progressive national legislation, such as the Right
to Information Act (2019), the Mental Health Act (2012), and the Disability Act
(2007), which in many instances surpass regional standards. The adoption of
the Affirmative Action (Gender Equity) Act, 2024 (Act 1121), passed in July
2024 and assented to in September 2024, was cited as a landmark development.
The Act mandates a minimum 30% female representation in key public,
private, and political decision-making roles by 2026, to achieve 50% gender
parity by 2030–2034. The ongoing development of a Community Sentencing
Bill was also cited as evidence of Ghana's commitment to advancing its legal
protections and aligning with human rights objectives.
23. The Delegation noted recent legislative initiatives and administrative measures
designed to strengthen rights protections, including policy efforts to deploy
body-worn cameras for police and the operationalization of a toll-free hotline
for gender-based violence.
24. On the ratification of instruments, the Delegation expressed profound concern
regarding Ghana's significant disengagement from the African human rights
system. Despite ratifying the African Charter on 24 January 1989, Ghana has
not submitted a Periodic Report under Article 62 for 24 years, resulting in
eleven (11) overdue reports. Furthermore, Ghana has not ratified several key
regional instruments, including
9|Page
a. the Protocol to the African Charter on the Rights of Older Persons in
Africa;
b. the Protocol to the African Charter on the Rights of Persons with
Disabilities;
c. the Protocol to the African Charter on Human and Peoples' Rights on
the Rights to Social Protection and Social Security; and
d. the African Union Convention on the Elimination of Violence Against
Women and Girls.
25. The Delegation noted with concern that signed treaties are not transmitted by
the Executive to Parliament for ratification, creating a critical bottleneck in the
country's regional compliance.
26. In multiple meetings, stakeholders from CHRAJ, CSOs, amongst others,
consistently stressed a critical gap: the weak implementation of Ghana's
otherwise strong laws. They highlighted that a persistent implementation
deficit critically undermines legal protections in practice. Key examples cited
include the chronic underfunding and poor enforcement of the Domestic
Violence Act, significant operational barriers to using the Right to Information
Act (2019), and the continued absence of a standalone law criminalizing torture.
The Delegation noted that this persistent implementation deficit critically
undermines the practical impact and enforceability of otherwise progressive
legislation.
27. The Delegation also took note of efforts made by the Government for human
rights protection, notably through the establishment and work of independent
institutions, including the CHRAJ. However, concerns were raised regarding
the need for CHRAJ to be formally designated through legislation as the
National Preventive Mechanism (NPM) under the UN Convention against
Torture and its Optional Protocol (OPCAT) to strengthen its mandate for
unannounced visits to all places of detention.
28. Regarding Parliament oversight for ratification and implementation of human
rights treaties, the Delegation noted the existence of sectoral Parliamentary
committees but stressed the need for enhanced oversight regarding human
rights treaty implementation and ratification processes.
29. Finally, the Delegation underscored that periodic reporting is a cornerstone of
constructive dialogue with the African Commission and a key means of
demonstrating compliance with obligations under Article 62 of the Charter. It
welcomed the commitment from the Ministry of Foreign Affairs and the
Attorney-General’s Department to submit all overdue reports by the end of
2025 through a newly established inter-ministerial committee, but stressed the
need for Ghana to institutionalize this process to ensure timely future
compliance and to actively pursue the ratification of outstanding treaties.
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2.2.
The right to life
30. The Delegation underscored that the fundamental obligation to protect life
underpins all other human rights. While no single, recent mass casualty event
was the focus of discussion, the Mission identified systemic issues that directly
threaten the enjoyment of the right to life in Ghana, requiring urgent State
intervention.
31. The environmental and public health catastrophe caused by illegal mining
(galamsey) emerged as the most acute threat. The Delegation heard consistent
testimony that water bodies and farmland are systematically poisoned with
heavy metals like mercury and cyanide. This contamination has led to
documented cases of severe reproductive health failures, birth defects, and
other life-threatening ailments in affected communities. The State’s failure to
conduct public health impact assessments, provide clean water, or issue safety
guidance constitutes a dereliction of its duty to protect life from prevalent
environmental harm.
32. Furthermore, the Delegation noted that dangerous and negligent practices in
sectors like construction and mining directly endanger lives. Reports of
migrant workers being transported in open trucks alongside materials, leading
to fatal accidents, highlight a disregard for safety that violates the right to life.
33. In the context of law enforcement and detention, while the Government cited a
reduction in police brutality, the absence of a fully independent, transparent,
and effective mechanism to investigate deaths in custody or from excessive use
of force leaves a critical accountability gap. Allegations of such incidents, if not
investigated promptly and impartially, erode the guarantee that the right to life
is protected by law.
34. The Delegation acknowledged the Government's stated commitment to prison
reform and decongestion, including the use of presidential amnesties.
However, the severe and chronic overcrowding in prisons, with facilities like
Nsawam operating at over 360% capacity, creates conditions that can lead to
disease outbreaks, violence, and loss of life, thereby engaging the State’s
protective obligations.
35. The Government’s commitment to a multi-sectoral approach to the galamsey
crisis, as stated by the Minister for Foreign Affairs, is a necessary first step.
However, the Delegation stresses that the right to life requires concrete,
immediate, and sustained action to dismantle the criminal networks, provide
emergency healthcare to affected populations, and restore safe living
environments.
36. The Delegation also notes as a positive development the decision of the
Parliament of Ghana in July 2023 to abolish the death penalty for ordinary
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criminal offences, a significant step forward in the protection of the right to life.
The Delegation further acknowledges that Ghana has maintained a
moratorium on executions since 1993, and that successive Presidents have
commuted death sentences to terms of imprisonment.
37. However, the Delegation remains deeply concerned that the death penalty has
not been totally abolished in Ghana. The 1992 Constitution still retains capital
punishment for high treason, and the Armed Forces Act (Act 105) continues to
mandate the death penalty for certain military offences. This partial abolition
leaves a legal framework where the death penalty remains a lawful sentence,
creating ambiguity and violating the absolute protection of the right to life
under Article 4 of the African Charter.
2.3.
The prohibition and prevention of torture
38. The Delegation engaged with the Government, the CHRAJ, and civil society on
the legal and institutional framework for preventing torture and ill-treatment.
While Ghana has ratified the OPCAT, a critical legislative gap persists: the
absence of a standalone law that explicitly defines and criminalizes torture in
line with international standards.
39. Authorities, including the Attorney-General’s Department, described a policydriven approach to prevention, citing plans for body-worn cameras on police
officers and cameras in interrogation rooms. However, stakeholders expressed
that in the absence of a specific criminal provision, investigations into
allegations of police brutality and ill-treatment rely on other, often lesser,
charges, which fail to provide a strong deterrent or a clear legal basis for
prosecution. This legal vacuum undermines the absolute prohibition of torture.
40. A significant institutional shortcoming is the lack of a formally designated
National Preventive Mechanism (NPM). While CHRAJ functions as the de facto
NPM, conducting visits to places of detention and utilizing the Commission’s
Robben Island Guidelines, it lacks the formal legal mandate and guaranteed
resources required for effective, unannounced inspections under OPCAT.
CHRAJ informed the Delegation that legislation to grant it this formal status is
pending.
41. The Delegation noted that the current mechanisms for receiving and
investigating complaints against security forces, including the Police Standards
Bureau, were described by stakeholders as insufficiently independent and
transparent. This fuels perceptions of impunity for acts of ill-treatment. The
planned establishment of an Independent Police Complaint Committee by
January 2026 presents an opportunity to address this, provided it is granted full
operational independence, adequate resources, and a transparent mandate.
42. The Delegation concluded that despite policy statements and the proactive
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efforts of CHRAJ, the framework for prohibiting and preventing torture
remains fundamentally weak due to the lack of explicit criminalization and a
legally empowered, independent NPM. This leaves individuals in custody
vulnerable to violations of their physical and mental integrity.
2.4.
Prisons, conditions of detention, and the Police
43. The Delegation visited the Nsawam Medium Security and Female Prisons,
engaging with officials and inmates. It observed a stark duality within the
penitentiary system. The Nsawam facility serves as a commendable model of
rehabilitation, offering inmates access to education up to the tertiary level,
vocational training, computer literacy, and full medical coverage under the
National Health Insurance Scheme (NHIS). Initiatives to increase the daily
feeding allowance and launch agricultural projects were noted as tangible
efforts to uphold the dignity of persons deprived of liberty.
44. However, the Minister for the Interior confirmed that this model is not the
national standard. He stated that other prisons present "a more worrying
situation" and often lack educational programs, highlighting a severe disparity
in conditions and rehabilitation opportunities across the prison estate. The
Delegation noted that this model is in sharp contrast to the systemic and severe
overcrowding plaguing the system. The Minister confirmed that Ghana’s 48
prisons, with a total capacity of 8,500, currently hold approximately 14,000
inmates. Nsawam itself operates at over 300% of its intended capacity. This
extreme overcrowding exacerbates risks of disease and violence and
undermines rehabilitation.
45. The Delegation identified the delayed passage of the Community Sentencing
Bill as a primary legislative failure directly contributing to the crisis. The
Minister cited this Bill as a key alternative to reduce overcrowding. The
Government’s reliance on measures like a presidential amnesty for nearly 1,000
first-time offenders, while providing temporary relief, is no substitute for a
permanent, rights-based sentencing framework.
46. On policing, the Delegation noted the Government’s modernization agenda,
including investments in a national police command center and specialized
units for cybercrime and domestic violence, as cited by the Minister. Regarding
accountability, the Minister critically assessed the current Police Standards
Bureau, where police investigate themselves, stating his dissatisfaction and that
officers often are not punished. He affirmed the plan to establish an
Independent Police Complaints Commission.
47. Concerning the policing of assemblies, the Minister defended the notification
requirement under the Public Order Act and authorized the use of force for
officer self-defence. While stating that "police brutality doesn’t exist," his
emphasis on a right to self-defence, without equal stress on de-escalation and
proportionality, underscores the need for the standardized, continuous human
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rights training, as highlighted by the Delegation. The Ministry’s policy of “no
promotion without training” is a positive step, but its curriculum on de-escalation
and the lawful use of force must be robust and mandatory.
48. In conclusion, while isolated examples of good practice exist, the penitentiary
and law enforcement systems are undermined by structural deficiencies
confirmed at the highest level: severe overcrowding, inconsistent
rehabilitation, inadequate oversight, and a training gap. Urgent reforms are
required to expand the Nsawam model nationally, pass the Community
Sentencing Bill, operationalize the Independent Police Complaints body, and
implement effective human rights training to ensure accountability and
adherence to human rights standards.
2.5.
Access to justice and the Rule of Law
49. In its meetings with the Attorney-General's Department, and civil society
representatives, the Delegation received extensive information on the
challenges and reforms within Ghana’s justice system. Stakeholders,
particularly, in the technical meeting with MDAs, acknowledged pragmatic
reforms but highlighted profound systemic weaknesses that hinder effective
access to justice.
50. The Delegation commended measures that have demonstrably reduced pretrial detention, notably the Plea-Bargaining Act (1079) and the landmark 2015
Supreme Court ruling making all offences bailable, as highlighted by the
Attorney-General’s Department. Operational initiatives like the “Justice for All”
roving court program, which adjudicates cases within prisons, were also cited
as effective tools for clearing backlogs. The presidential amnesty that led to the
release of 787 first-time offenders was presented as evidence of a commitment
to decongestion.
51. However, the Delegation, through its meeting with CHRAJ and CSOs,
identified a critical implementation deficit. Despite these legal tools, courts
were reported to overly rely on remand detention, even for minor offences,
contributing to the severe overcrowding. The legal aid system was described
as under-resourced, often leaving indigent and foreign detainees without
effective representation, a point raised repeatedly by CSOs.
52. The Ministry of Justice, in its engagement with the Delegation, demonstrated
operational independence and a willingness to reference international and
comparative human rights jurisprudence. Nevertheless, concerns were raised
about the need for greater financial and administrative autonomy from the
Executive branch, as well as more transparent processes for judicial
appointments, to further insulate the courts from any perceived political
influence.
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53. A significant barrier identified in discussions with CSOs and media
representatives is the uneven implementation of the Right to Information Act
(2019). Stakeholders reported that requests for public information are
frequently delayed or denied on broad grounds, restricting transparency and
the ability of citizens to seek redress or hold institutions accountable.
54. The Delegation concluded that Ghana has instituted important procedural
reforms, but their impact is diluted by inconsistent application, resource
constraints, and persistent institutional habits. To consolidate the rule of law,
reforms must move beyond policy to ensure consistent practice: guaranteeing
the right to bail as the norm, strengthening legal aid, fully operationalizing the
right to information, and safeguarding the judiciary’s functional independence.
2.6.
Freedom of expression and access to information
55. The Delegation engaged with CSOs, media representatives, and the Minister
for Foreign Affairs on the state of freedom of expression and access to
information. The constitutional guarantees and the progressive Right to
Information Act (2019) provide a strong legal foundation for these rights.
56. Regarding media freedom, the Minister for Foreign Affairs addressed a recent
regulatory review that led to the temporary closure of some media houses,
stating that Presidential intervention had ensured their reopening.
Nevertheless, CSOs highlighted a landscape where many media outlets exhibit
strong partisan affiliations, which can limit balanced coverage and equitable
access for opposition voices, undermining pluralistic public debate.
57. The implementation of the Right to Information Act (2019) was a repeated
concern. Stakeholders reported that in practice, requests for public information
are frequently delayed or denied on broad grounds such as “confidentiality,”
limiting transparency and public scrutiny of government action, including in
sensitive areas like extractive industry governance.
58. The Delegation also received alarming testimony from CSOs regarding the
severe discrimination, harassment, and climate of fear faced by LGBTI persons,
exacerbated by a pending legislative bill proposing harsh penalties. This
environment severely inhibits the freedom of expression and association of this
group.
59. While the overall civic space was described by the UN team as remaining
largely open, they noted a clear concerning trend regarding the security forces'
response to free speech and public demonstrations. This, coupled with an
identified need for more responsible and specialized journalism training,
points to a creeping constriction that requires vigilance to ensure the
operational environment for expression and assembly does not deteriorate
further.
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60. In conclusion, while the legal framework for free expression and access to
information is robust, its enforcement and the broader operational
environment for civic activity are under strain. Ensuring these rights in practice
requires not only the neutral application of laws like the Public Order Act and
the Right to Information Act but also active measures to foster media pluralism
and protect all persons from discrimination and harassment for exercising their
fundamental freedoms.
2.7.
Civil Society and Human Rights Defenders
61. The Delegation held a substantive and critical meeting with a broad coalition
of Ghanaian CSOs, including ABANTU For Development, the Network for
Women’s Rights (Netright), and Women in Law and Development in Africa
(WiLDAF). The engagement demonstrated that CSOs in Ghana are highly
organized, strategically adept, and play an indispensable role in monitoring
Government accountability, engaging in strategic litigation, and advocating for
human rights.
62. Positive developments observed include the CSOs’ proactive preparation of an
Alternative Report for the Commission, their active participation in
international mechanisms like the UN Universal Periodic Review (UPR), and
their collaborative initiatives with the State, such as developing a Toolkit on
Child Marriage with the Ministry of Gender, Children, and Social Protection.
Their willingness to propose constructive solutions, such as rebranding “witch
camps” as “old age shelters,” reflects a commitment to pragmatic engagement.
63. Regarding civic space, stakeholders—particularly in the meeting with CSOs—
acknowledged the existing legal requirement under the Public Order Act,
which mandates organizers to notify police five days in advance of a
demonstration. While concerns were raised that this provision could
potentially be applied in a manner that restricts assemblies, the Delegation did
not receive reports of widespread arrests or detentions in connection with the
exercise of the right to peaceful protest. It is also worth noting that, in at least
one significant instance concerning the galamsey issue, the Government
organized a meeting with relevant CSOs and other stakeholders to engage in
constructive dialogue, indicating a willingness to engage on matters of public
concern.
64. The Delegation’s meeting with CHRAJ revealed a structured mechanism for
State-CSO collaboration through a standing NGO forum. However, CSOs
themselves indicated that the lack of a single umbrella body for CSOs leads to
fragmented advocacy and coordination challenges. They also emphasized that
their detailed research and advocacy, particularly on crises like galamsey, often
do not translate into concrete State action, pointing to a gap between policy
dialogue and implementation.
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65. The Delegation concluded that Ghana’s civil society is a resilient pillar of its
democracy but operates under significant pressure. To function effectively as
partners in governance, CSOs require a more enabling environment: protection
from intimidation, systematic inclusion in policy formulation, and the
translation of their evidence-based advocacy into tangible State responses. The
Government’s engagement with the CSO coalition during this Mission should
be institutionalized as a standard practice.
2.8.
Refugees, Asylum Seekers, Migrants, and Internally Displaced
Persons
66. The issue of refugees, asylum seekers, and migrants was addressed in the
Delegation’s engagements with the Ghana Immigration Service and relevant
Ministries, though it was not a primary focus of stakeholder testimony during
the Mission. The Delegation acknowledged the need for more detailed
information on the specific legal and operational framework governing these
groups in Ghana.
67. The Delegation noted that while Ghana hosts a refugee population and is party
to the 1951 Refugee Convention, the domestication and implementation of a
national asylum framework require further assessment to ensure it aligns with
international standards regarding refugee status determination, protection,
and assistance.
68. Concerning migrant workers, the Delegation received troubling, albeit general,
accounts of exploitation in sectors like construction, including dangerous
working and transport conditions. The systemic vulnerabilities of migrant
workers, particularly those in irregular situations, warrant closer scrutiny to
ensure they are protected from labor exploitation and trafficking, and have
access to effective complaint and redress mechanisms, in line with Ghana’s
international obligations.
69. The Delegation concluded that a comprehensive evaluation of Ghana’s
compliance with its obligations towards refugees, asylum seekers, and
migrants under the African Charter and other instruments would benefit from
a more focused assessment in the future. The Government is encouraged to
ensure its policies and practices afford full protection to the rights of all persons
within its territory, irrespective of their nationality or status.
70. On Internally Displaced Persons (IDPs), while Ghana has not experienced
large-scale displacement due to armed conflict, the Delegation identified
several drivers that have resulted or risk resulting in internal displacement.
These include: environmental destruction and land contamination from
galamsey, which has rendered farmlands and water sources unusable and
forced farming communities to abandon their homes; localized conflicts over
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land and resources in the northern regions; and the practice of banishing
women accused of witchcraft to isolated "camps", which constitutes a form of
internal displacement based on persecution.
71. The Delegation did not receive systematic data on the number of persons
internally displaced within Ghana. However, the absence of a national legal
and policy framework on internal displacement—including the nonratification of the African Union Convention for the Protection and Assistance
of Internally Displaced Persons in Africa (Kampala Convention)—leaves
affected persons without recognition, protection, or tailored assistance. The
Delegation encourages the Government to assess the scale of displacement
caused by environmental degradation and communal conflicts, and to consider
developing a national response framework aligned with the Kampala
Convention's principles, even pending ratification.
2.9.
The right to participate freely in Government
72. The Delegation received detailed briefings from the Speaker of Parliament, the
Minister for Foreign Affairs, and CSOs on Ghana's democratic processes.
Ghana was commended for its sustained record of peaceful democratic
transitions and electoral stability, which are fundamental to the right to
political participation.
73. However, the Delegation identified significant barriers to inclusive and
equitable participation. A paramount concern, raised consistently by CSOs and
affirmed in meetings with State officials, is the severe underrepresentation of
women in elected and appointed office. Despite the passage of the Affirmative
Action (Gender Equality) Act, women hold less than 30% of parliamentary
seats and only 2 out of 27 cabinet minister positions.
74. The Minister for Foreign Affairs argued that a broader view of appointees
beyond the cabinet shows progress, but this does not negate the stark deficit in
the highest decision-making bodies. CSOs further alleged a lack of political will
to fully implement the Act, including the failure to establish its mandated
implementing authority.
75. The Delegation also noted concerns about the partisan nature of media
ownership, which can restrict fair access and visibility for opposition and
alternative political voices during elections, potentially affecting the informed
choice of the electorate.
76. Furthermore, while the Public Order Act provides a legal framework for
assemblies, its application—as it relates to political demonstrations and
protests—was cited by CSOs as sometimes restrictive, potentially impacting
the ability to engage in public political discourse freely.
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77. The Delegation concluded that while Ghana's democratic infrastructure is
robust, structural and cultural barriers impede the full and equal right to
participate. Achieving genuine political equality requires not only laws like the
Affirmative Action Act but their vigorous enforcement, proactive measures to
ensure media pluralism, and a guarantee that the regulation of public
assemblies does not inadvertently stifle political expression and organization.
2.10.
The right to employment
78. The Delegation noted the existence of a legal framework governing labour,
including the Labour Act, 2003 (Act 651) and the work of the National Labour
Commission. Engagement with the Ministry of Employment and Labour
Relations highlighted national policies aimed at skills development and job
creation.
79. A critical concern identified across multiple stakeholder meetings is
persistently high youth unemployment, which drives economic vulnerability
and social marginalization. This challenge is starkly embodied in the plight of
Kayayei (female head porters), predominantly young women and girls from the
northern regions, whose situation was raised by CSOs and the Ministry of
Gender. These individuals migrate to urban centres, facing exploitation,
hazardous working conditions, homelessness, and a lack of viable economic
alternatives, indicating a failure of social protection and employment policies
to reach the most vulnerable.
80. Furthermore, the environmental destruction caused by illegal mining
(galamsey) has devastated traditional agricultural livelihoods, particularly
cocoa farming. This has created a paradoxical employment crisis where the loss
of formal and sustainable work pushes individuals, including children, into the
exploitative and hazardous informal mining sector, as reported by CHRAJ and
CSOs.
81. Regarding migrant workers, while laws exist to protect labour rights, the
Delegation heard reports of exploitative practices in sectors like construction
and domestic work, including non-payment of wages and dangerous working
conditions. This suggests a gap in monitoring and enforcement to ensure all
workers enjoy the right to just and favourable conditions of work, regardless
of origin.
82. The Delegation concluded that the enjoyment of the right to work in Ghana is
undermined by structural economic inequalities, environmental degradation
destroying livelihoods, and inadequate enforcement of labour protections.
Targeted measures are required to create sustainable youth employment,
provide social and economic alternatives for the Kayayei, restore agricultural
lands, and rigorously inspect workplaces to prevent the exploitation of all
workers
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2.11.
The right to health
83. The Delegation acknowledged Ghana’s significant commitment to the right to
health through its National Health Insurance Scheme (NHIS) and the recent
“Mahama Care” initiative to ensure access to critical medicines. These policies
demonstrate an intent to provide universal health coverage, and it was noted
with appreciation that inmates at Nsawam Prison have full access to the NHIS.
84. However, the Mission identified profound systemic failures. A severe
treatment gap plagues maternal healthcare, with UNFPA reporting an
estimated 1,300 new obstetric fistula cases annually, against a surgical capacity
to treat only 60-100 cases, indicating a concerning neglect of women’s
reproductive health. Furthermore, it was noted that pervasive stigma severely
undermines public health, as CSOs and UN data confirm that 8 out of 10
Ghanaians hold discriminatory attitudes towards people living with HIV. This
stigma disproportionately affects women, who comprise two-thirds of the
330,000 people living with HIV in Ghana, creating a social environment that
discourages testing, treatment, and disclosure.
85. These pre-existing gaps are now overshadowed by a severe and escalating
public health situation directly linked to illegal mining (galamsey). Testimony
from CSOs provided alarming evidence that the contamination of water bodies
and farmland with heavy metals like mercury has led to a reproductive health
crisis in affected communities, including uterine infections and birth defects.
The State’s failure to conduct and publish independent health impact
assessments, provide clean water, or issue public health guidance in these
zones constitutes a major dereliction of its core obligation to ensure the highest
attainable standard of health.
86. While the Government offers harm-reduction programs and has integrated
health services within the prison system, these positive measures are rendered
marginal by the scale of the environmental health emergency. The Delegation
concluded that without immediate and decisive action to address the root
causes of the galamsey-induced health crisis, Ghana’s broader commitments to
the right to health will be fundamentally compromised. Protecting health
requires protecting the environment, and the State’s obligations under Article
16 of the African Charter are inextricably linked to its duties under Article 24.
2.12.
The right to education
87. The Delegation commended Ghana’s policy of free compulsory universal basic
education and its recent expansion of free secondary education, which
demonstrates a strong commitment to the right to education as reflected in the
African Charter. The Ministry of Education’s policy allowing pregnant girls to
return to school is a crucial step towards non-discrimination and inclusion.
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88. However, the Delegation identified a direct and severe threat to this right
emerging from the galamsey crisis. Testimony from CSOs and State agencies
indicated alarmingly high school dropout rates in mining-affected
communities. Children are being lured away from classrooms by the
immediate economic gains of artisanal mining, exposing them to hazardous
labour and jeopardizing the future of an entire generation. This represents a
systemic failure to protect children’s right to education and development.
89. Furthermore, while the vocational and academic programs at Nsawam Prison
were highlighted as a positive model for rehabilitation, the Delegation noted
that such educational opportunities are not consistently available across all
detention facilities, limiting the rehabilitative potential of the correctional
system.
90. The structural challenges within the education system are of a significant scale,
with UN agencies reporting that an estimated 2 million children remain out of
school. For those who are enrolled, quality is a major concern, as 50% are not
achieving foundational learning levels. This crisis in access and outcomes is
compounded by a heavy reliance on non-State providers, with faith-based
organizations delivering approximately 40% of education services, presenting
unique challenges for standardization and equitable quality assurance.
91. The Delegation also acknowledged ongoing challenges, including cultural
resistance to comprehensive sexual and reproductive health education in
schools and regional disparities in resource allocation and educational quality,
which can affect equitable access.
92. The Delegation acknowledged the Government of Ghana's transformative
policy of Free Secondary Education, which has significantly expanded access
to learning and represents a commendable commitment to fulfilling the right
to education. This progress, however, is increasingly threatened by the socioeconomic impacts of galamsey, which continue to disrupt the education of
children in affected communities. The Delegation therefore concluded that
protecting the right to education in these areas requires urgent and targeted
interventions—such as scholarship programs, school feeding initiatives, and
awareness campaigns to reintegrate children into the school system—alongside
continued efforts to improve inclusivity and quality across the country.
2.13.
The rights of women
93. The Delegation commended the Government of Ghana for its strong normative
commitment to women's rights, evidenced by the robust legal and policy
frameworks in place. Notably, the Minister for Foreign Affairs personally
assured the Delegation of Ghana's dedication to gender equality during their
debriefing. However, discussions with the Ministry of Gender, Children and
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Social Protection, CSOs, and other stakeholders revealed a more complex
reality on the ground. The Delegation concluded that while the legal
architecture is largely sound, its effectiveness is systematically undermined by
inadequate implementation, deeply entrenched cultural norms, and
intersecting socio-economic crises. Bridging this gap between policy and
practice remains the central challenge to the full realisation of women's rights
in Ghana.
94. The Delegation acknowledged significant legislative and policy advancements,
including the Domestic Violence Act (2007), the Affirmative Action (Gender
Equality) Act, the criminalization of Female Genital Mutilation (FGM), and the
national policy allowing pregnant girls to continue their education.
Institutional mechanisms such as the toll-free GBV hotline and specialized
gender-based violence courts represent important commitments to addressing
violence against women.
95. However, a profound implementation deficit threatens to render these
advances meaningless. A paramount concern is the critical lack of State-funded
shelters for survivors of domestic violence and gender-based violence. Despite
legal mandates and even plans to construct shelters, CSOs reported that no
State shelter is currently operational due to the non-release of allocated funds.
This failure leaves women and girls in immediate danger with no avenue for
safe refuge or recovery, directly contravening the State’s duty to protect.
96. Furthermore, harmful traditional practices persist with widespread impunity,
illustrating the gap between law and practice. The Delegation received detailed
testimony on:
The Trokosi system, a practice of ritual servitude where girls and
women are pledged to shrines, continues despite its criminalization
in 1998. Efforts to eradicate it are hampered by cultural realities and
insufficient victim reintegration programs.
Witchcraft accusations against older women, particularly in the
northern regions, have led to banishment, assault, and murder. The
stalling of the Criminal Offences (Amendment) Bill, 2023, also
known as the Anti-Witchcraft Bill, in Parliament, signals a lack of
political will to confront this form of gender-based terror.
The ongoing practice of FGM, including cross-border circumcision to
evade law enforcement, highlights weaknesses in border monitoring
and community-level enforcement.
97. In addition, the Delegation noted that political and economic marginalization
remains a structural barrier to equality, as women hold less than 15% of
parliamentary seats and only 2 out of 27 Cabinet minister positions. While the
Minister for Foreign Affairs pointed to broader appointment figures, true
decision-making power remains concentrated in male hands, whereas the
implementing authority for the Affirmative Action Act has not been
established. Economically, women are overrepresented in the informal,
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unprotected sector. The plight of the Kayayei—young women and girls from the
north facing exploitation, homelessness, and sexual violence in urban centers epitomizes the State’s failure to provide social protection and economic
alternatives for its most vulnerable women.
98. The Delegation also noted that the intersection of gender with environmental
and health crises exacerbates vulnerabilities. The galamsey disaster
disproportionately impacts women: it destroys livelihoods, contaminates
water sources, leading to severe reproductive health issues, and increases
women’s and girls’ exposure to sexual exploitation in mining communities.
Furthermore, stigma in healthcare, particularly against women living with
HIV, severely restricts their access to treatment and support services.
99. Statistical evidence from UN agencies underscores the severe implementation
gap in protecting women and girls. Thirty-three percent of women aged 14-29
have experienced physical or sexual violence, and child marriage persists at a
rate of 19%, demonstrating the stark disconnect between protective laws and
lived reality. These vulnerabilities are exacerbated by a significant reduction in
sexual and reproductive health services, following the cessation of major
external funding, which has left a critical gap in family planning access.
100.
The Delegation concluded that while Ghana has commendably
constructed a legal edifice for women’s rights, it has neglected to build the
essential infrastructure of protection, political power, and economic justice
necessary for those rights to be realized. Without urgent action to fund shelters,
eradicate harmful practices with serious law enforcement, enforce political
quotas, and address the gendered impacts of national crises, the promise of
equality will remain unfulfilled for the women and girls of Ghana.
2.14.
The rights of children
101.
The Delegation’s engagements with the Ministry of Gender, Children
and Social Protection, the Ministry of Education, and CSOs revealed that while
Ghana has established foundational legal and policy instruments to protect
children, the convergence of poverty, environmental degradation, and weak
enforcement has created severe and specific threats to the rights and well-being
of children across the country.
102.
The Delegation acknowledged positive measures, including the
Children’s Act (Act 560) of 1998 (as amended), the establishment of a National
Council for Children, and the policy allowing pregnant girls to remain in
school. The visit to the Osu Children’s Home provided an example of
institutional care for vulnerable children. The existence of a free 3-digit
children’s helpline since 2021 is a commendable step toward creating accessible
reporting mechanisms.
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103.
However, the galamsey crisis has emerged as the single greatest threat
to children’s rights in affected communities. Testimony from CSOs and State
agencies confirmed an alarming surge in school dropout rates as children are
drawn into hazardous artisanal mining labour. This not only violates their right
to education but also exposes them to immediate physical danger, toxic
chemical poisoning (including from mercury and cyanide), and exploitation.
These children are effectively being robbed of their childhood, health, and
future, in violation of the best interests principle under the African Charter on
the Rights and Welfare of the Child.
104.
Furthermore, the galamsey zones have been identified as hotspots for
child trafficking and commercial sexual exploitation. The breakdown of social
structures and economic desperation in these areas makes children uniquely
vulnerable to being trafficked for labour or sexual purposes, a situation
requiring urgent and targeted law enforcement and child protection
interventions.
105. Beyond the mining crisis, significant gaps persist. The Delegation noted a
critical lack of tailored, age-appropriate sexual and reproductive health (SRH)
education and services for adolescents, contributing to high rates of teenage
pregnancy and vulnerability. Harmful practices such as child marriage and
FGM continue in certain regions, with reports of cross-border FGM evading
national law enforcement.
106. For children in conflict with the law, rehabilitation opportunities are limited.
Juvenile detention facilities are under-resourced, and diversion programs are
not consistently available, focusing on punishment over rehabilitation and
reintegration, contrary to international juvenile justice standards.
107. The Delegation also highlighted the severe discrimination and lack of support
for children with disabilities. Data on this group is scarce, and they often lack
access to inclusive education, healthcare, and social services, facing
compounded marginalization.
108. Emerging and complex threats to children’s safety and development are
becoming increasingly prevalent. UN partners highlight worrying trends,
including the rise of online crimes and trafficking, violence in schools linked to
small arms, and widespread micronutrient deficiencies. These issues, alongside
the well-documented crises of child labour in mining and high dropout rates,
indicate a multi-frontal assault on children’s rights that demands a coordinated
and robust child protection response beyond traditional interventions.
109. In conclusion, the protection of children’s rights in Ghana is at a crossroads.
While legal frameworks exist, they are being overwhelmed by the socioeconomic and environmental emergency of galamsey and undermined by
inconsistent enforcement and inadequate investment in child-sensitive
services. Protecting the current and future generation requires a decisive,
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multi-sectoral response that prioritizes removing children from hazardous
labour, ensuring their educational continuity, strengthening child protection
systems, and eradicating persistent harmful practices.
2.15.
Persons with disabilities
110. In meetings with the Ministry of Gender, Children and Social Protection, CSOs,
and the CHRAJ, the Delegation was informed of profound and systemic gaps
in the protection and promotion of the rights of persons with disabilities
(PWDs). Despite the existence of the progressive Persons with Disabilities Act
(Act 715) of 2006, a vast implementation chasm separates legal provisions from
lived reality, leaving PWDs as one of the most marginalized and excluded
groups in Ghanaian society.
111. The most visible and symbolic failure is the widespread inaccessibility of the
physical environment. The Delegation itself witnessed this starkly when an
attendee at the meeting with the Ministry of Gender had to be physically
carried into the venue in their wheelchair, as the building lacked a functional
ramp. This incident encapsulates the daily experience of PWDs who face
barriers in accessing public buildings, transportation, schools, and healthcare
facilities, effectively denying them the right to participate in public life,
education, and work on an equal basis.
112. Stakeholders, including advocacy groups, reported that PWDs are subject to
intense social stigma and discrimination, described as "the most stigmatized and
discriminated group" in the country. This prejudice manifests in social exclusion,
barriers to employment, and limited access to justice. Furthermore, there is a
critical lack of comprehensive data on children and adults with disabilities,
which hinders effective policy planning and the allocation of targeted resources
for education, healthcare, and social services.
113. While the Ministry outlined plans to improve accessibility and renovate
facilities, these initiatives were described as piecemeal and under-resourced.
There is no statutorily established national institution with a dedicated budget
and mandate to vigorously advocate for PWDs, monitor the implementation of
Act 715, and receive and address complaints. This institutional vacuum
weakens accountability and consistent policy action.
114. The Delegation also noted the non-ratification of the Protocol to the African
Charter on the Rights of Persons with Disabilities, which represents a missed
opportunity to reinforce domestic law with regional accountability and a
comprehensive rights-based framework.
115. In conclusion, Ghana’s legal commitment to disability rights, as enshrined in
Act 715, is rendered largely inoperative by a visible failure of enforcement,
pervasive physical and social barriers, and the absence of a strong independent
institution to champion inclusion. Ensuring the rights of PWDs requires urgent,
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prioritized action to mandate and fund universal accessibility, launch
nationwide de-stigmatization campaigns, collect disaggregated data, and
establish a well-resourced statutory body to transform legal promise into
tangible inclusion.
2.16.
116.
Older persons
The Delegation’s discussions with the Ministry of Gender, Children and Social
Protection, the MDAs, and CSOs highlighted that older persons in Ghana,
particularly older women, face unique and severe human rights challenges,
exacerbated by the absence of a dedicated legal framework and protective
institutional architecture.
117. A paramount concern is the persistent and violent practice of witchcraft
accusations against older women, predominantly in the northern regions.
Victims are often ostracized, subjected to physical violence, and banished to socalled witch camps, where they live in segregated communities without
adequate access to healthcare, nutrition, or security. The failure to pass the Anti
Witchcraft Bill, which would specifically criminalize such accusations and
provide for the protection and reintegration of victims, demonstrates a critical
lack of political will to address this form of age and gender-based persecution.
118. The Delegation noted that, beyond this extreme abuse, older persons generally
contend with inadequate social protection. While the Livelihood
Empowerment Against Poverty (LEAP) program provides some cash transfers,
the coverage and amount are often insufficient to ensure a dignified standard
of living, especially in the face of rising costs and healthcare needs. In addition,
there is no comprehensive, rights-based national policy or law on ageing that
guarantees entitlements to healthcare, long-term care, social security, and
protection from abuse, aligning with the Protocol to the African Charter on the
Rights of Older Persons in Africa, which has not been ratified by Ghana.
119. The institutional gap is acute. There is no statutory body, such as a National
Council for the Aged, mandated to advocate for older persons’ rights, monitor
their situation, and advise the Government on policy. This lack of a dedicated
focal point within the State apparatus means their concerns are often
marginalized in policy planning and budgeting.
120. The Delegation concluded that older persons in Ghana, and older women in
particular, are rendered invisible and vulnerable by legal and institutional
neglect. Their right to live in dignity and security is routinely violated by
harmful traditional practices and systemic lack of support. Ratifying the Older
Persons Protocol, enacting specific protective legislation, and establishing a
mandated institution are essential first steps to uphold their rights and ensure
they are valued members of society.
2.17.
Indigenous Populations/Communities and Minorities
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121. The Delegation acknowledged that Ghana is a multi-ethnic and multi-religious
state with a rich diversity of communities. While no specific, recognized
indigenous peoples within the context of international law were identified
during the Mission, the Delegation focused its assessment on the situation of
ethnic minorities and other distinct groups, with particularly alarming findings
regarding sexual and gender minorities.
122. Concerning religious and ethnic minorities, the Delegation did not receive
reports of systemic, State-sponsored discrimination. Groups such as the Hindu
and Muslim communities were reported to freely practice their religion and
participate in social and economic life. Ghana’s tradition of religious tolerance
and coexistence is noted as a positive aspect of its social fabric.
123. However, the Delegation received deeply troubling and consistent testimony
regarding the severe persecution and marginalization of Lesbian, Gay,
Bisexual, Transgender, and Intersex (LGBTI) persons. Civil society
organizations reported a climate of intense fear, discrimination, and violence.
UN partners confirmed this hostile environment and provided crucial context
on the legal threat: the Promotion of Proper Human Sexual Rights and
Ghanaian Family Values Bill, 2021. While this Bill lapsed with the previous
Parliament, UN agencies indicated it is anticipated to be reintroduced, either as
a private member’s or executive-sponsored Bill. It was noted that this pending
legislation, which proposes severe criminal penalties for LGBTI individuals
and their advocates, sustains a climate of fear and, if enacted, would
institutionalize discrimination in violation of the rights to dignity, privacy,
freedom of expression, and association under the African Charter.
124. Stakeholders reported incidents of arbitrary arrest, blackmail, mob violence,
and ostracization targeting LGBTI individuals, often with reported complicity
or inaction by local authorities and traditional leaders. This systemic hostility
forces individuals into hiding, impedes their access to healthcare—particularly
vital for HIV prevention and treatment—and denies them equal protection
under the law.
125. The Delegation concluded that while Ghana generally upholds the rights of
many traditional minority groups, it is markedly failing in its obligation to
protect sexual and gender minorities from discrimination and violence. The
State’s tolerance of a hostile environment and the persistent threat of
discriminatory legislation constitute a grave human rights concern. Upholding
the African Charter’s principle of non-discrimination requires the state to
protect all persons within its jurisdiction, to refrain from enacting laws that
violate fundamental rights, and to actively ensure the safety and equality of
LGBTI persons.
2.18.
Extractive Industries and Environment
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126. The Delegation’s engagements with the Ministry of Environment, Science and
Technology, the Ministry of Lands and Natural Resources, the CHRAJ, CSOs,
and the United Nations Country Team and Development Partners revealed
that environmental governance and the extractive industries sector constitute
the most severe, complex, and cross-cutting human rights crisis currently
facing Ghana. The situation of widespread illegal mining, the aforementioned
galamsey, has escalated beyond an environmental issue into a full-scale human
rights emergency, with devastating multi-sectoral impacts, a fact corroborated
by all major stakeholders.
127. The scale of environmental destruction is catastrophic and quantifiably severe.
The UN reported that a 2024 study found dangerous levels of mercury in food
sources. Consistent testimony confirmed that over 60% of water bodies in major
mining regions are severely polluted or destroyed through the unregulated use
of toxic chemicals. Fertile agricultural lands, particularly cocoa farms, which
are crucial to the national economy and rural livelihoods, have been rendered
barren. This represents a direct violation of the right to a satisfactory
environment (Article 24 of the African Charter) and threatens the rights to food,
water, and health for millions.
128. The public health consequences are dire and now documented. The Delegation
received evidence of a reproductive health crisis. The State has failed to conduct
and publish independent health impact assessments or provide emergency
healthcare and clean water to these populations, abandoning them to the toxic
consequences. This constitutes a clear violation of the right to health (Article
16).
129. Critically, the Delegation found that galamsey is sustained by high-level
corruption, political complicity, and sophisticated networks. The UN meeting
revealed that the practice involves foreign multinational corporations working
with local artisanal miners and is enabled by rampant licensing by political
cronies, creating "no-go areas" for enforcement. This collusion between
economic interests, political actors, and compromised security forces has
created a culture of impunity that paralyzes State response, making this a
profound governance and rule of law crisis.
130. The human rights impacts are multifaceted and were detailed by UN agencies
and other stakeholders:
➢ Child Rights: UNICEF highlighted child labour in mining and
fisheries as a major emerging issue, noting the specific health impacts
and injuries to children, beyond the documented surge in school
dropouts. Additionally, the education crisis stemming from
environmental destruction—such as water contamination and
displacement—has further reduced school attendance, particularly in
affected regions where entire school infrastructures have been
abandoned.
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➢ Women's Rights: UNFPA and others linked the crisis to increased
risks of trafficking for sexual exploitation in mining zones. Furthermore,
the breakdown of local governance and economic alternatives has
intensified the vulnerability of women and girls, pushing some into
survival-driven transactional sex or forced recruitment by informal
networks operating around mining sites.
➢ Livelihoods & Security: The UN noted the creation of localized
conflicts in the north related to land and resources, and described the
economic drivers, stating that a year-long ban on small-scale mining
became a major political issue in the last election, underscoring its
entrenched nature. This political entrenchment, coupled with the
complicity of traditional leaders and officials in licensing irregularities,
has prevented meaningful enforcement of environmental and labour
standards. As a result, entire water systems in at least two regions have
been contaminated, creating a crisis of access to drinking water and
aggravating inter-communal tensions over remaining clean sources.
➢ Environmental Health & Public Health Crisis: Beyond water
contamination, mercury and cyanide used in informal gold processing
have led to acute and chronic poisoning among mining communities.
Health facilities in affected regions have reported rising cases of
respiratory illnesses, skin diseases, and neurological disorders, with
children and pregnant women being disproportionately affected. No
dedicated health monitoring system exists for mining-affected
populations.
➢ Governance & Rule of Law: The Speaker of Parliament expressly
admitted that serious governance issues exist within the extractive
sector. These include the complicity of politicians in high places, the
active involvement of traditional leaders in irregular mining operations,
and systemic failures in the issuance and oversight of mining licenses.
These gaps in Article 21 of the African Charter undermine rights under
Article 24 of the Charter, creating a regulatory vacuum that perpetuates
environmental disasters. No institution has effectively enforced
compliance with health, child labour, revenue transparency, or access
requirements.
➢ Economic & Fiscal Impacts: The State loses substantial revenue
through unregulated gold extraction and smuggling. This deprives
public services, including education, healthcare, and water
infrastructure, of critical funding. Meanwhile, foreign-backed informal
operations often operate without contributing taxes or royalties, while
local communities bear the environmental and social costs. The crisis
thus reflects not only an environmental emergency but also a profound
failure of fiscal governance and resource distribution.
➢ Trafficking & Organized Crime: Mining zones have become
hotspots for organized criminal networks involved in human
trafficking, forced labour, and sexual exploitation. Women and girls are
sometimes transported across regions under false promises of
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employment in mining towns, only to be coerced into exploitation.
Children have also been trafficked into mining labour. The absence of
effective law enforcement in these areas allows such networks to operate
with near-impunity.
➢ Access to Justice & Remedies: Affected communities, including
farmers whose lands have been destroyed, families whose water sources
are poisoned, and victims of forced labour or trafficking, face near-total
barriers to legal redress. Corruption within local judicial and
administrative systems, intimidation by mining operators, and the high
cost of litigation prevent accountability. As a result, human rights
violations in the extractive sector continue without consequence or
remedy.
➢ Regional & Transboundary Dimensions: Part of the gold from
informal and illegal mining enters regional and international supply
chains, often laundered through legitimate refineries or trading hubs.
This means that the human rights and environmental harms associated
with galamsey are not purely domestic issues—they are sustained by
demand and trade networks that extend beyond national borders.
International due diligence mechanisms remain weak or unenforced.
131. While the Government has declared initiatives, UN partners indicated that
efforts are stymied by the deep-rooted political economy of galamsey. The UN
expressed caution regarding a declaration of a state of emergency, suggesting
the creation of "security zones" as a potentially more targeted measure, but
emphasized that any effective response must dismantle the underlying
networks of corruption.
132. The Delegation concluded that the galamsey crisis represents a systemic and
willful failure of the State to fulfil its core obligations to protect, respect, and
fulfil human rights. It is the most glaring example of the intersection between
environmental degradation, corruption, and the violation of a wide spectrum
of rights. Addressing it requires not just technical measures, but a fundamental,
politically courageous commitment to dismantling criminal networks, ending
impunity at all levels, and prioritizing human rights and public health over
illicit profit.
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3.0 RECOMMENDATIONS
133. Before turning to its recommendations, the Delegation wishes to acknowledge
a significant development since the mission. In fulfilment of an undertaking
made during the debriefing with the Minister for Foreign Affairs, Ghana signed
the AUCEVAWG shortly after the Delegation's departure. This swift action
demonstrates commendable political will and constitutes a significant
milestone in the country's commitment to combating gender-based violence.
The Delegation encourages the Government to sustain this momentum by
pursuing speedy ratification and domestic implementation of the instrument.
134. Based on the findings of the Delegation, the Commission calls on the
Government of Ghana to adopt the following recommendations to enhance the
promotion and protection of human and peoples' rights in the country
Legislative and Other Measures to Implement the Provisions of the African Charter
i.
ii.
iii.
iv.
Submit All Overdue State Reports: The Delegation acknowledges the
update provided by the Minister for Gender, Children, and Social
Protection that the Initial Report under the Maputo Protocol has been
completed and is now awaiting the finalization of Part A of the Periodic
Report under Article 62 of the African Charter by the Attorney General's
Office. The Delegation encourages the Government to expedite this process
and ensure the outstanding reports are submitted without further delay, in
fulfilment of the commitment made during the Mission. This should be
done through a participatory process that includes civil society, with the
clear aim of completion by the end of 2025 as pledged.
Enact legislation to establish a permanent, legally mandated interministerial committee for State reporting and follow-up on treaty
obligations, ensuring it is adequately resourced and insulated from political
changes.
Ratify Outstanding Instruments: Prioritize and complete the ratification of
all outstanding African Union human rights instruments, particularly the:
Protocol to the African Charter on the Rights of Older Persons in
Africa;
Protocol to the African Charter on the Rights of Persons with
Disabilities in Africa;
Protocol to the African Charter on Human and Peoples’ Rights on
the Rights to Social Protection and Social Security;
African Union Convention for the Protection and Assistance of
Internally Displaced Persons in Africa (Kampala Convention);
African Union Convention on the Elimination of Violence Against
Women and Girls.
Enhance Institutional Capacity & Independence: Provide the CHRAJ with
full financial autonomy, as per Constitutional guarantees, including
through compliance with Supreme Court rulings on budgetary ceilings, to
enable it to execute its expansive triple mandate effectively.
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The Right to Life
i.
ii.
iii.
iv.
v.
vi.
Investigate and Provide Redress: Ensure that all allegations of unlawful
killings, whether in the context of law enforcement operations, custody, or
public disorder, are investigated promptly, impartially, and transparently,
with perpetrators held accountable, and victims’ families provided with
adequate compensation.
Address Environmental Threats to Life: Urgently treat the public health
crisis from galamsey as a threat to the right to life by immediately conducting
independent health impact assessments in mining communities, providing
emergency healthcare and clean water, and issuing public guidance on
contaminated food and water sources.
Total Abolition for All Crimes: Introduce legislation to remove the death
penalty entirely from Ghana's legal framework, including for the offence of
high treason under the 1992 Constitution and for military offences under
the Armed Forces Act (Act 105).
Commute Existing Death Sentences: Commute all remaining death
sentences to terms of imprisonment, in line with the longstanding
moratorium on executions observed since 1993.
Eliminate Mandatory Death Penalty: Abolish the mandatory death penalty
for any offence, thereby restoring judicial discretion to consider mitigating
circumstances and individualised sentencing.
Improve Conditions on Death Row: Pending total abolition, ensure that all
persons on death row are afforded humane conditions of detention, access
to legal representation, and meaningful avenues for appeal and clemency,
in accordance with the Nelson Mandela Rules and the Commission's
Robben Island Guidelines.
The Prohibition and Prevention of Torture
i.
ii.
iii.
Enact Specific Legislation: Urgently pass a comprehensive law that
explicitly criminalizes torture in accordance with the OPCAT and the
Robben Island Guidelines, defining all elements of the crime and
prescribing appropriate penalties.
Formalize the NPM: Expedite the passage of pending legislation to
formally designate CHRAJ as the NPM under OPCAT, ensuring it is
granted the legal mandate, unhindered access, and dedicated resources to
conduct regular, unannounced visits to all places of detention.
Strengthen Oversight and Complaint Mechanisms: Ensure that the
planned Independent Police Complaint Committee is operational by
January 2026 as committed, and that it, alongside internal police oversight
bodies, provides transparent, accessible, and effective avenues for
investigating all allegations of ill-treatment by security forces.
Prisons, Conditions of Detention, and Policing
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i.
ii.
iii.
iv.
v.
vi.
vii.
Decongest Prisons through Legislative Reform: Prioritize and expedite the
passage and implementation of the Community Sentencing Bill to provide
courts with robust, rights-based alternatives to incarceration for petty and
non-violent offences, as a primary strategy to address the severe
overcrowding witnessed at facilities such as Nsawam Medium Security
Prison.
Standardize and Expand Rehabilitation Nationwide: Institutionalize the
model rehabilitation programs observed at Nsawam Prison—including
access to formal education up to the tertiary level, vocational training,
computer literacy, and comprehensive healthcare under the NHIS—across
all detention facilities in Ghana, ensuring consistent application of the UN
Standard Minimum Rules for the Treatment of Prisoners (the Nelson
Mandela Rules).
Improve Infrastructure and Basic Conditions: Urgently invest in
improving hygiene, ventilation, sleeping quarters, and perimeter security
in all prisons to meet basic health and safety standards, addressing the
critical infrastructure deficits that contribute to inhumane conditions.
Ensure Independent Police Oversight: Operationalize the Independent
Police Complaint Committee by January 2026 as committed, ensuring it is
fully resourced, structurally independent, transparent, and empowered to
conduct credible investigations into all allegations of police misconduct,
brutality, and excessive use of force.
Mandate Comprehensive Human Rights Training: Institute mandatory,
continuous, and standardized training for all police and prison officers on
human rights standards, the lawful use of force, de-escalation techniques,
the Nelson Mandela Rules, the Commission Guidelines on the Conditions
of Arrest, Police Custody and Pre-Trial Detention in Africa (the Luanda
Guidelines) and the proper management of public assemblies, with training
as a prerequisite for promotion.
Protect Vulnerable Detainees: Implement policies to ensure that infants are
not separated from their incarcerated mothers, a positive practice which
was witnessed at the Female Nsawam Prison before the completion of trial,
in line with the presumption of innocence and the best interests of the child.
Ensure consistent and adequate provision of sanitary products and gendersensitive healthcare for all women in detention.
Strengthen Independent Monitoring: Facilitate and resource regular,
unannounced monitoring visits to all places of detention by CHRAJ (as the
NPM) and accredited CSOs to ensure ongoing external oversight of
conditions and treatment.
Access to Justice and the Rule of Law
i.
Reform Legal Aid: Review and strengthen the Legal Aid System to ensure
fair remuneration for lawyers and guarantee that indigent persons,
including foreign nationals, have access to effective and diligent legal
representation at all stages of judicial proceedings.
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ii.
iii.
iv.
Limit Pre-Trial Detention: Enforce the right to bail as the rule, ensuring
that remand detention is used only as an exceptional measure where strictly
necessary and justified, and implement strict maximum time limits for
different stages of trials to reduce prolonged pre-trial detention, as observed
in the severe overcrowding at Nsawam Prison.
Enhance Judicial Independence and Capacity: Safeguard the financial and
administrative autonomy of the judiciary, ensure transparent and meritbased processes for judicial appointments, and support continued judicial
education on regional and international human rights jurisprudence.
Improve Public Access to Justice: Strengthen the implementation of the
Right to Information Act (2019) to ensure transparent and timely access to
public records, and enhance public legal education to empower citizens,
particularly regarding the justiciability of economic, social, and cultural
rights.
Freedom of Expression and Access to Information
i.
ii.
iii.
Uphold Peaceful Assembly: Ensure the Public Order Act is applied in a
manner that is proportionate, non-discriminatory, and facilitative of the
right to peaceful assembly, including for protests organized via social
media, and refrain from using excessive force against demonstrators.
Promote Media Pluralism and Protection: Encourage balanced media
coverage and equitable access for diverse political voices, protect journalists
from harassment and intimidation, and support specialized training for
journalists to enhance responsible and investigative reporting, as
recommended by development partners.
Combat Discrimination in Public Discourse: Publicly condemn and take
effective measures to protect LGBTI persons and other minorities from
discrimination, violence, and incitement to hatred, and refrain from
enacting or advancing legislation that criminalizes consensual same-sex
conduct or advocacy.
Civil Society Human Rights Defenders
i.
ii.
iii.
Create an Enabling Environment: Adopt and implement a specific policy
framework for the protection of human rights defenders, ensure CSOs can
operate free from undue interference or intimidation, and establish
systematic channels for their meaningful participation in policy
development and monitoring.
Ensure Sustainable Funding: Allocate transparent and predictable State
funding to support the core work of civil society, particularly smaller and
community-based organisations, while fully respecting their operational
independence.
Utilize CSO Expertise: Formally utilize the Alternative Report prepared by
the CSO coalition and their evidence-based research to inform the overdue
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State Report to the African Commission and all relevant national
policymaking processes.
Refugees, Asylum Seekers, Migrants, and IDPs
i.
ii.
iii.
iv.
v.
vi.
vii.
Domesticate the Refugee Convention: Expedite domestication of the 1951
United Nations Convention relating to the Status of Refugees and its 1967
Protocol into national law to establish a clear, rights-based national asylum
framework for the fair and efficient processing of claims.
Protect Migrant Workers: Strengthen monitoring and enforcement of
labour laws in sectors employing migrant workers, such as construction and
domestic work, to prevent exploitation, non-payment of wages,
confiscation of documents, and dangerous working conditions, and ensure
accessible complaint mechanisms.
Combat Trafficking and Support Victims: Reinforce the implementation
of anti-trafficking laws, ensure the identification and protection of victims,
particularly women and children trafficked for sexual exploitation or labour
in mining areas, and provide them with adequate shelter, legal aid, and
rehabilitation services.
Ratify the Kampala Convention and develop a national legal and policy
framework on internal displacement, including provisions for the
prevention of arbitrary displacement, protection of IDPs, and durable
solutions.
Conduct a national mapping exercise to identify, register, and quantify
IDPs, disaggregating data by age, gender, disability, and cause of
displacement (environmental, conflict, or persecution-based).
Designate a lead coordinating agency for IDP protection and assistance,
ensuring IDPs have access to emergency aid, healthcare, documentation,
legal aid, and remedies for lost property or livelihoods.
Recognize witchcraft banishment as a form of internal displacement and
implement a strategy to close "witch camps," prevent future banishments,
and reintegrate affected women and older persons into safe, dignified
community living.
The right to participate freely in Government
i.
ii.
Implement the Affirmative Action Act: Enforce the Affirmative Action
(Gender Equality) Act by establishing its mandated implementing authority
and adopting mandatory quotas or measurable targets to achieve, at a
minimum, 30% representation of women in Parliament, the Cabinet, and
local government.
Ensure Electoral Fairness: Guarantee equitable access to State media and
voter information for all political parties. With regard to the Public Order
Act, the Delegation encourages the Government to review its application to
ensure it does not unduly restrict the right to peaceful assembly, in line with
Ghana's regional and international human rights commitments.
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iii.
Enhance Youth Participation: Develop and implement targeted policies
and platforms to increase the meaningful participation of youth in political
decision-making processes at all levels.
The right to employment
i.
ii.
iii.
Address Youth Unemployment: Develop and fund a national strategy with
concrete programs to create sustainable employment opportunities for
youth, focusing on skills development aligned with market needs and
support for entrepreneurship.
Protect Informal and Vulnerable Workers: Design and implement a
National Action Plan to address the plight of Kayayei, focusing on creating
economic alternatives in their regions of origin, providing social support
and shelter in urban centers, and protecting them from exploitation and
violence.
Enforce Labour Standards: Increase the frequency and reach of labour
inspections, particularly in high-risk sectors like mining, construction, and
tourism, to ensure compliance with safety regulations and the right to just
and favourable conditions of work for all
The Right to Health
i.
ii.
iii.
Respond to the Galamsey Health Emergency: Immediately deploy mobile
clinics and public health teams to mining-affected communities to conduct
screenings, provide treatment for conditions linked to heavy metal
poisoning, distribute clean water, and issue nationwide public health
advisories.
Scale Up Specialized Healthcare: Increase funding and capacity to address
the backlog of obstetric fistula cases and to provide comprehensive, stigmafree sexual and reproductive health services, including for adolescents, key
populations, and people living with HIV.
Integrate Mental Health Services: Strengthen the implementation of the
Mental Health Act (2012) by ensuring the availability of community-based
mental health services and integrating psychosocial support into primary
healthcare and social protection programs.
The Right to Education
i.
ii.
Combat the Galamsey-Induced Dropout Crisis: Launch an emergency
scholarship and school rehabilitation program in mining-affected
communities to reintegrate children into the education system, address the
root causes of dropout, and rescue children from hazardous labour.
Ensure Inclusive and Quality Education: Strengthen the implementation of
inclusive education policies for children with disabilities, including the
provision of specialized equipment, trained staff, and accessible
infrastructure, and address regional disparities in resource allocation and
educational quality.
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iii.
iv.
Expand Educational Rehabilitation in Detention: Ensure that the access to
formal education and vocational training observed at Nsawam Prison is
standardized and available in all juvenile and adult detention facilities as a
core component of rehabilitation.
Integrate Human Rights and Life Skills: Incorporate comprehensive
human rights education, including on the African Charter, and ageappropriate sexual and reproductive health education into national curricula
at all levels.
The Rights of Women
i.
ii.
iii.
iv.
Urgently address the operationalization of Shelters: As a matter of utmost
urgency, allocate, release, and disburse dedicated funds to operationalize the
network of State-funded shelters stipulated by law for survivors of genderbased violence and for women exiting detention. These shelters must be fully
staffed, secure, and accessible nationwide to provide immediate safe refuge.
Launch a National Campaign to Eradicate Harmful Practices with
Prosecutions: Initiate a dedicated, high-profile law enforcement and justice
initiative, in mandatory partnership with the National House of Chiefs and
local leaders, to:
Investigate and prosecute perpetrators of the Trokosi system, treating it
as a contemporary form of slavery and trafficking.
Investigate and prosecute instigators of violent witchcraft accusations,
ensuring the passage and enforcement of the Anti-Witchcraft Bill.
Enhance border monitoring to prevent and prosecute cross-border
FGM.
Concurrently, fund comprehensive liberation, rehabilitation,
psychosocial, and economic reintegration programs for all affected
women and girls.
Enforce Political and Economic Equality with Mandatory Measures: Move
beyond policy to enforceable action by:
Establishing the mandated implementing authority for the Affirmative
Action (Gender Equality) Act and setting legally binding quotas and
timelines to achieve, at a minimum, 30% representation of women in
Parliament, the Cabinet, and on public boards.
Designing and funding a National Action Plan to Address the Plight of
Kayayei, focusing on creating viable economic alternatives in the
northern regions, providing safe shelters and social services in urban
centres, and protecting them from exploitation and trafficking.
Enforcing labour laws to protect women in the informal sector and
migrant domestic workers from exploitation, and ensuring they are
covered by social protection schemes.
Address the Gendered Impact of National Crises: Integrate a gender lens into
all responses to the galamsey and public health crises by:
Prioritizing women's sexual and reproductive health services in miningaffected communities, including screening and treatment for heavy
metal poisoning.
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v.
Conducting and publishing **gender-disaggregated health impact
assessments.
Ensuring targeted mental health and psychosocial support for women
traumatized by violence, stigma, or displacement.
Combat HIV-Related Stigma and Ensure Healthcare Access: Launch a
government-led national campaign to counter the severe stigma facing women
living with HIV, and guarantee their stigma-free access to treatment, support
services, and protection from discrimination in healthcare, employment, and
community life.
The Rights of Children
i.
ii.
iii.
Enforce Child Protection in Crisis Zones: Prioritize and resource child
protection units within mining-affected communities to identify, remove, and
rehabilitate children engaged in hazardous labour, and to combat child
trafficking and sexual exploitation.
Reform Juvenile Justice: Shift from a punitive to a rehabilitative approach for
children in conflict with the law, ensuring access to diversion programs, childsensitive justice procedures, and educational/reintegration services in all
regions.
Address Data and Service Gaps: Systematically collect and publish
disaggregated data on children with disabilities, children in street situations,
and those affected by exploitation to inform targeted policy and allocate
adequate resources for their care and development.
The Rights of Persons with Disabilities
i.
ii.
Enforce Accessibility and Inclusion: Mandate and fund a national audit and
plan for making all public buildings, transportation, and information services
fully accessible, applying strict sanctions, including "naming and shaming" and
financial penalties, for non-compliance.
Establish a Statutory Advocacy Body: Enact legislation to re-establish a
powerful, independent national council for persons with disabilities with a
mandate to monitor rights implementation, advise the government, receive
complaints, and control a dedicated budget.
The Rights of Older Persons
i.
ii.
Enact a Legal Framework: Urgently adopt a comprehensive law on the rights of
older persons, to guarantee their rights to social protection, healthcare, freedom
from abuse, and legal capacity, and to criminalize witchcraft accusations and
abandonment.
Provide Protective Services: Fund and establish protective services and
community-based support programs for older persons, including safe housing
alternatives to "witch camps," healthcare, and livelihood support, to ensure they
can live in dignity and security.
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Indigenous populations/Communities and Minority Groups
i.
Continue to uphold and strengthen legal and policy frameworks that guarantee
the protection of the rights of all minority groups, in line with its Constitutional
and international human rights obligations.
ii.
In accordance with Resolution 275 on Protection against Violence and other
Human Rights Violations against Persons based on their real or imputed
Sexual Orientation or Gender Identity, take measures to end all acts of violence
and abuse, committed by State or non-state actors, including by enacting and
effectively applying appropriate laws prohibiting and punishing all forms of
violence including those targeting persons based on their imputed or real sexual
orientation or gender identities, ensure investigation and prosecution of
perpetrators, and establish judicial procedures responsive to the needs of
victims.
Extractive Industries and Environment
Extractive Industries Governance
i.
Launch a High-Level, Anti-Corruption Driven Response: Establish a timebound, high-level multi-dimensional/inter-ministerial task force with full
CHRAJ participation and independent anti-corruption safeguards to
dismantle the political and security networks enabling galamsey, prosecute
kingpins (including complicit politicians and traditional leaders), and
reclaim "no-go" areas. The task force should be empowered to investigate
licensing irregularities, audit the issuance of mining permits, and publish
all findings publicly. Traditional leaders found complicit in illegal mining
should face legal consequences, including possible removal from customary
roles where national law permits.
ii.
Formalize and Regulate Artisanal Mining with Rights-Based Standards:
Develop and implement a national strategy for the formalization of
responsible, small-scale mining, with strict environmental, safety, and
labour standards, explicitly targeting youth and Kayayei to provide
regulated, sustainable livelihoods. Formalization must include robust
enforcement mechanisms for child labour prohibitions, health and safety
requirements, and revenue transparency. Any formalization regime should
be designed to prevent capture by the same political and criminal networks
that currently drive illegal mining.
iii.
Overhaul the Mining Licensing and Compliance Regime: Create a single,
independent Mining Compliance Authority (MCA) with a clear mandate to
monitor, inspect, and sanction all mining operations (large and small). The
MCA should publish annual compliance reports, operate a whistleblower
protection mechanism, and include civil society and community
representation on its oversight board. Licenses obtained through corruption
39 | P a g e
or political influence must be subject to automatic review and possible
revocation.
iv.
Establish Accessible Grievance and Remedies Mechanisms for Affected
Communities: Establish accessible grievance mechanisms for communities
to seek redress for violations arising from extractive operations. These
mechanisms must be free or low-cost, protected from retaliation, and
supported by legal aid for affected farmers, women, and children. Create a
Special Victims' Compensation and Remedies Fund, independently
administered, financed by seized assets from prosecuted mining kingpins,
corporate penalties, and a dedicated levy on licensed mining operations.
v.
Mandate Transparent Human Rights Impact Assessments for Extractive
Projects: Mandate transparent, participatory human rights impact
assessments (HRIAs) for all major extractive projects, with particular
attention to child labour, trafficking risks, women's safety, and community
livelihoods. Assessment findings must be made public, and projects may
not proceed without approved mitigation plans.
vi.
Combat Trafficking for Sexual Exploitation in Mining Zones: Deploy
specialized anti-trafficking units to mining hotspots, in coordination with
UNFPA and CSOs. Establish safe houses and reintegration programs for
women and girls rescued from sexual exploitation. Mining area health
facilities should receive training and resources to identify trafficking
victims and provide trauma-informed care. Local economic alternatives—
such as regulated small-scale enterprises and skills training—must be
created to reduce vulnerability.
vii.
Strengthen Child Labour Enforcement with Community-Based
Monitoring: Deploy community child protection committees in all major
mining areas, equipped with reporting hotlines, mobile inspection teams,
and safe shelters for rescued children. UNICEF's findings on health impacts
and injuries to child miners should be addressed through targeted health
interventions, school re-enrollment drives, and cash transfer programs for
families who remove children from mining work.
viii.
Establish Cross-Border Due Diligence and Supply Chain Oversight:
Recognizing that gold from galamsey enters regional and international
markets, the government should mandate traceability and certification for
all gold exports, adopt the OECD Due Diligence Guidance for Responsible
Supply Chains, and cooperate with neighboring countries and international
partners to shut down laundering channels. Refineries and trading hubs
that knowingly accept illicit gold should face sanctions and exclusion from
national and regional markets.
Environment
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i.
Implement Emergency Environmental and Livelihood Restoration: Launch a
national land and water rehabilitation program to restore devastated farmlands
and water bodies. In the two or more regions where entire water systems have
been contaminated, prioritize emergency provision of clean drinking water
alongside long-term purification and restoration efforts. Create an emergency
fund for cocoa farmers and mining communities to provide immediate
livelihood support and transition to sustainable alternatives.
ii.
Mandate Environmental Impact Assessments with Public Participation:
Mandate transparent, participatory environmental impact assessments (EIAs)
for all major development and extractive projects, with strict enforcement of
mitigation requirements. Gap analyses under Article 21 of the African Charter
have shown that weak EIAs contribute directly to environmental disasters
under Article 24 of the African Charter; therefore, EIA reports must be subject
to independent review and public comment before project approval.
iii.
Establish Environmental Health Monitoring in Affected Regions: Deploy
environmental health surveillance systems in all mining-affected areas to track
and treat mercury and cyanide poisoning, respiratory illnesses, skin diseases,
and neurological disorders, especially among children and pregnant women.
Health facilities should receive testing equipment, training, and treatment
protocols for heavy metal toxicity. Quarterly public health reports should be
published.
iv.
Declare a National Environmental Governance Crisis: Formally recognize
that the galamsey crisis is a systemic failure of environmental governance. Such
a declaration should trigger emergency powers for environmental remediation,
unlock dedicated funding for water and land restoration, and mandate
parliamentary oversight hearings every six months until measurable
benchmarks—such as restoration of water systems in affected regions and
measurable reduction in water contamination levels—are achieved.
v.
Establish Community-Based Environmental Grievance Mechanisms: Create
accessible, low-cost mechanisms for communities to report environmental
violations (water poisoning, land destruction, improper waste disposal) and
seek remediation. These mechanisms should be protected from intimidation by
mining operators and backed by the power to order temporary shutdowns of
non-compliant operations.
vi.
Mandate Polluter-Pays Remediation and Bonding Requirements: Require all
mining operations (including formalized small-scale mines) to post
environmental bonds sufficient to cover full land and water remediation before
receiving operating licenses. Funds from forfeited bonds of non-compliant
operators should be directed to the Special Victims' Compensation and
Remedies Fund (as referenced in recommendation IV under Extractive
Industries Governance) for environmental restoration.
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Implementation of Decisions on Communications
i.
The Commission has finalized several communications submitted against the
Republic of Ghana. Notable among these is Communication 103/93: Alhassan
Abubakar v. Ghana, in which the Commission found violations of Articles 6
(right to liberty) and 7(1)(d) (right to be tried within a reasonable time) of the
African Charter. The communication concerned the arrest and detention of the
complainant for seven years without charge or trial, following his alleged
cooperation with political dissidents. The decision, adopted at the 20th
Ordinary Session held in Grand Bay, Mauritius, in October 1996, urged the
Government to take steps to repair the prejudice suffered by the victim.
ii.
The Commission looks forward to engaging with the Government of Ghana on
the implementation of this and other decisions, as part of its ongoing followup mandate under Rule 125 of its Rules of Procedure 2020.
To other stakeholders:
In addition, the Commission calls on CSOs, the CHRAJ, development partners, and
the United Nations Country Team to continue their vital efforts of supporting the
promotion and protection of human rights in Ghana, and to provide all necessary
support and collaboration to the Government in the implementation of these
recommendations.
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