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Dokument #1079160
IRB – Immigration and Refugee Board of Canada (Autor)
Research Directorate, Immigration and Refugee Board of Canada, Ottawa
In a 29 September 2013 telephone interview with the Research Directorate, a research fellow at the University of Ghana's Institute of African Studies explained that the process of recognizing a chief can vary by region. Generally, the process in the North is referred to as "enskinment," as it requires the chosen candidate to sit on an animal skin (Research Fellow 29 Sept. 2013). In the South, it is called "enstoolment," as the chief is required to sit on a stool (ibid.). He noted that chieftaincy disputes arise when the process of making a chief has not been followed correctly (ibid.). According to the Research Fellow,
[n]ot just anybody can become a chief, if you do not come from a royal family, you are not supposed to become a chief. If kingmakers chose a non-royal, there could be a chieftaincy dispute. If 4 people are supposed to approve the selection of chief, and only 3 have given their approval, then the process has not been well followed. There could be a dispute in a situation where one party or one particular royal family monopolizes the power and doesn't allow another family to come into the process (if say two royal families alternate chieftaincies, and the one whose turn it is is not allowed to select a candidate).
Chieftaincy disputes could be between families (two or more, sometimes even five) but can also be within a family (certain areas). (ibid.)
Sources indicate that uncertainty surrounding succession rules is a factor that often leads to chieftaincy disputes (UN n.d.; Berekum Peace Committee 17 Mar. 2013; NHC and ZIF July 2011). An article in The Ghanaian Times states that chieftaincy disputes are often due to the "non-adherence to the laid down rules and procedures governing the selection, installation and enskinment [coronation] of chiefs" (9 Feb. 2011). An article published in the Nordic Journal of African Studies on the politicization of a chieftaincy conflict in Northern Ghana states that
[m]ost of the conflicts [in Northern Ghana] are typically succession disputes, involving two or more gates laying claim to a chieftaincy position or title. Such conflicts usually involve determining who is the best qualified person to occupy a particular position; which traditional rituals constitute the "enskinment" process and whether the individual selected has gone through the appropriate rituals administered by the traditionally designated persons. (Tonah 2012, 2)
The Research Fellow also stated that chieftaincy disputes are not an issue in all parts of the country, and that some areas, such as Teshie and the greater Accra region, are better known for disputes (29 Sept. 2013). Corroborating information could not be found among the sources consulted by the Research Directorate within the time constraints of this Response.
The website of the Chieftaincy, Governance and Development Project, a project of the University of Ghana's Institute of African Studies (Chieftaincy.org n.d.a), notes that under the Constitution, "matters affecting chieftaincy shall be mainly decided by Regional and National House of Chiefs" (ibid. n.d.b). According to the Ghana News Agency (GNA), the President of E.P. University College stated during an address at a workshop on chieftaincy disputes that while "the Constitution expects chiefs to manage their own affairs, it was not clear as to whether chieftaincy conflict resolution was part of the responsibility of chiefs or the government" (30 Mar. 2011). The full text of Sections 270-276 of the Constitution of the Republic of Ghana 1992 pertaining to chieftaincy is attached to this Response.
An article in The Ghanaian Times quoted Vice-President John Mahama as stating that while "one section of the chieftaincy disputes in the Ga Traditional Area would want to draw the government into the conflicts," " '[i]t is not government's business to make and unmake chiefs'" (23 Aug. 2010). The Vice-President noted that "the Constitution put succession and chieftaincy disputes in general at the doorsteps of the National and Regional Houses of Chiefs" (The Ghanaian Times 23 Aug. 2010). Following the death of an individual as the result of a Teshie chieftaincy dispute, the Ghanaian online news source Myjoyonline quoted the Minister of Chieftaincy as saying that the "government expects all those engaged in chieftaincy disputes to follow the laid down procedures for settling such disputes" (Myjoyonline 22 June 2013). The Minister declared that "[a]s a matter of law government cannot go in and say this person is a chief or this person is not. What we can do is to facilitate and ensure that this structure works" (Myjoyonline 22 June 2013).
During the 29 September 2013 telephone interview, the Research Fellow provided the following information:
According to the Constitution of Ghana, the government is not supposed to interfere in chieftaincy affairs. However, once the Chief has been selected by the ethnic group in a traditional area (by the Traditional Area Council), the government publishes the name of the person that has been selected as chief in the Gazette.
Even though the government is not supposed to interfere, if there is a chieftaincy dispute, the government comes in at 2 levels.
The website of the Conflict Prevention Programme of the United Nations Development Programme in Ghana lists "political interference" as one of the multiple causes of chieftaincy disputes (UN n.d.). A report by the West Africa Network for Peacebuilding (WANEP) on the 2012 Ghanaian elections noted that "politics has permeated the chieftaincy institution" (Aug. 2013). Similarly, GNA reported that the president of the Central Regional House of Chiefs "expressed worry about what he termed, 'interference' by some political leaders and government officials in chieftaincy issues" (27 Aug. 2012).
The Ministry of Chieftaincy and Traditional Affairs [formerly the Ministry of Culture and Chieftaincy (Public Agenda 28 Jan. 2013)] was established [in 2006 (The Ghanaian Times 9 Feb. 2011)] in accordance with the Civil Service Law, 1993 (The Ghanaian Times 9 Feb. 2011; Ghana n.d.). According to the Government of Ghana website, the mission statement of the Ministry of Chieftaincy and Traditional Affairs is to educate "chiefs on government policies for good governance, conflict resolutions among the various cultural groupings" and to support "the various chieftaincy and cultural institutions administratively, financially and review the various chieftaincy and cultural legal framework to conform to international best practices" (Ghana n.d.).
An 18 May 2013 GNA article indicates that the Ministry of Chieftaincy and Traditional Affairs was working towards resolving problems affecting the administration of chieftaincy in Ghana, including helping the Regional Houses of Chiefs to obtain counsel, organizing workshops on the administration of chieftaincy, and drafting a law regarding the lines of succession to stools and skins (18 May 2013). Further information could not be found among the sources consulted by the Research Directorate within the time constraints of this Response.
An article in The Ghanaian Times notes that "[s]ince its establishment in 2006, the ministry had helped to resolve amicably many chieftaincy disputes in the country which has brought about peace and security" (9 Feb. 2011). The Ghana Broadcasting Corporation (GBC) reported that the Minister of Chieftaincy and Traditional Affairs declared that the Ministry is "working feverishly" to tackle all chieftaincy disputes and is doing research to "codify the lines of succession in all traditional councils" (22 June 2013). According to the Research Fellow, "in practice, the Ministry can play a role in chieftaincy disputes but it doesn't have the right to settle chieftaincy disputes" (29 Sept. 2013).
During the 29 September 2013 telephone interview, the Research Fellow stated that
[i]ndividuals involved in chieftaincy disputes can turn to the police but logistical problems often prevent the police from getting there on time.
Police are supposed to protect everyone, including people involved in chieftaincy disputes. But the police are under-resourced and cannot always provide immediate protection. For example, in the northern part of the country where there are many conflicts, police do not have the resources to reach the disputes in time (ex: some areas are only accessible by fishing boat). Often the police are not able to provide the protection on time due to a lack of logistics.
The US Department of State's Country Reports on Human Rights Practices for 2011 noted the arrest of 8 persons in connection with "fighting between ethnic factions after the kidnapping of a rival chief" that killed 3 people and displaced over 500 in Tuobodom in the Brong-Ahafo region of Ghana in March 2010 (24 May 2012, 23). The report also noted that the Criminal Investigations Division of the Ghana police was still investigating the incident at the end of 2011 (US 24 May 2013, 23). Similarly, Freedom House notes that tensions between the Tuobodom and Techiman groups resulted in three deaths in March 2010 in the Brong Ahafo region (2012). The Freedom in the World 2012 report also noted that "[s]ome argued that the regional police failed to prevent the escalation of violence, though a government investigation into the incident was ongoing at year's end" (Freedom House 2012). Further information could not be found among the sources consulted by the Research Directorate within the time constraints of this Response.
An article dated 27 March 2012 by GNA reported the imposition of a curfew on the Kpatinga Municipality "following unrest after the enskinment of a rival chief" (27 Mar. 2012). The report also noted that the "security agencies would continue to monitor the situation" and that the Regional Police Office had brought the chief in for questioning, but that no charges had yet been laid (GNA 27 Mar. 2012). Further information could not be found among the sources consulted by the Research Directorate within the time constraints of this Response.
According to Country Reports 2012, nine people were arrested in August 2012 when an argument by "feuding chieftaincy factions" over ritual activities led to the death of three people in a shooting (US 19 Apr. 2013, 22). The report also noted that the police continued to investigate (ibid.). Similarly, GNA reported that nine people were arrested following a "chieftaincy clash" that left three persons dead in Ga Central District (26 Aug. 2012). According to the GNA article, "the police quickly deployed a number of patrol teams and armoured vehicles to the scene" (26 Aug. 2012).
Another GNA article reported that the Sekondi police arrested two people "in connection with [a] chieftaincy clashes that occurred at Diabenekrom, near Takoradi in the Western Region" (5 Mar. 2013). Further information could not be found among the sources consulted by the Research Directorate within the time constraints of this Response.
Myjoyonline reported on 21 June 2013 that the Minister of Chieftaincy and Traditional Affairs had reportedly been asked to "play a lead role in peace building efforts" by Parliament "following the death of a resident in Teshie in clashes which erupted when a chief was allegedly installed...." The article noted that while four individuals were arrested and the police continued to search for further "assailants," residents remained "troubled" and were "seeking better security from the police" (Myjoyonline 21 June 2013). It was also noted that the Member of Parliament for the area "charged the police to be firm in their quest to maintain law and order" (ibid.). Similarly, the GNA reported that, following a disturbance in Teshie on 20 June 2013 that resulted in the death of one individual, the Member of Parliament for the Ledzokuku constituency
urged all interested parties to make good use of the avenues for seeking redress when it comes to Chieftaincy issues in Ghana for such bodies to find lasting solutions to the dispute. She appealed to the Ghana Police service and the other security agencies to be firm in maintaining law and order within the constituency and commended the security agencies for their swift response which averted further destruction and harm (22 June 2013).
The Research Fellow observed that
[c]hieftaincy disputes are supposed to be settled by the judicial committee of the traditional council (traditional House of Chiefs) or judicial committee of the regional House of Chiefs or the judicial committee of the national House of Chiefs.
Every ethnic area has a traditional ethnic area. Each traditional ethnic area has a traditional House of Chiefs. If there is a dispute, the first thing is to complain to the traditional council. If they can't resolve the dispute, they will refer the matter to the regional House of Chiefs (there are 10). If the regional House of Chiefs can't resolve it, they refer it to the national House of Chiefs. A judgement by the national House of Chiefs is supposed to be final. However, parties can appeal to the Ghanaian Supreme Court. The Supreme Court asks the national House of Chiefs to select a lawyer to represent them, and the Supreme Court makes a final decision. (29 Sept. 2013)
He also noted that
[w]hen it is not an issue that is life threatening, the individuals can go to court to report complaints of harassment or limitations on its movement, etc.
Other commissions, for example the Commission on Human Rights and Administrative Justice, can also provide protection - people can complain to them for help.
There is also the National Peace Council of Ghana for issues threatening peace of the country and embarking on non-violent strategies. (ibid.)
GNA reported on 20 March 2013 that the President of the House of Chiefs "called on the regional Houses of Chiefs and traditional councils to set up mediation committees to resolve disputes to promote peace and development" and "urged the revival of dysfunctional judiciary to deal speedily with chieftaincy disputes to prevent social upheavals."
Another GNA article reported that a regional minister observed that "there were about 54 chieftaincy disputes before the Judicial Committee of the BARHOC [Brong-Ahafo Regional House of Chiefs]" (6 June 2013). The Regional Minister "appealed to all parties whose cases were pending before the BARHOC or the law courts to exercise restraint and allow the institutions of State to arrive at amicable and peaceful resolution of the cases" (GNA 6 June 2013).
Parties in the Wenchi Chieftaincy Dispute were reportedly ordered by the Sunyani High Court to sign a bond of good behaviour until the outcome of the case had been decided (GNA 11 July 2013).
Sources reported that a three-member Fact-finding Committee had been tasked by the Greater Accra Regional House of Chiefs to investigate the Teshie chieftaincy dispute (GNA 21 Sept. 2013; Ghanaian Chronicle 24 Sept. 2013).
This Response was prepared after researching publicly accessible information currently available to the Research Directorate within time constraints. This Response is not, and does not purport to be, conclusive as to the merit of any particular claim for refugee protection. Please find below the list of sources consulted in researching this Information Request.
Berekum Peace Committee. 17 March 2013. "Berekum Chieftaincy Dispute: A Retrogression of Ghana's Development in the 21st Century."
Chieftaincy.org. N.d.a. "About the Chieftaincy Projet."
_____. N.d.b. " Relationship Between the Institution of Chieftaincy and the Government Under the 1992 Constitution."
Freedom House. 2012. "Ghana." Freedom in the World 2012.
Ghana. N.d. Ministry of Chieftaincy and Traditional Affairs. "Ministry of Chieftaincy and Traditional Affairs."
Ghana Broadcasting Corporation. 22 June 2013. "Ministry to Tackle Chieftaincy Disputes."
Ghana News Agency (GNA). 21 September 2013. "Teshie Chieftaincy Committee Inaugurated."
_____. 11 July 2013. "Wenchi Chieftaincy Dispute: Parties to Sign Bond."
_____. 22 June 2013. "MP Calls Peace in Teshie Despite Chieftaincy Dispute."
_____. 6 June 2013. "Minister Worried about Chieftaincy Disputes in Brong Ahafo."
_____. 18 May 2013. "Ministry of Chieftaincy Takes Steps to Solve Problems."
_____. 20 March 2013. "Chieftaincy Minister Calls for Co-Operation to Transform the Institution."
_____. 5 March 2013. "Two Arrested in Diabenekrom Chieftaincy Clashes."
_____. 27 August 2012. "'Don't Interfere in Chieftaincy Issues' Politicians and Government Officials Urged."
_____. 26 August 2012. "Ablekuma Chieftaincy Clash Leads to Three Deaths."
_____. 27 March 2012. "Curfew Imposed in Kpatinga as a Result of Chieftaincy Dispute."
_____. 30 March 2011. "Amend Constitution to Enable Gov't Swiftly Intervene in Chieftaincy Conflicts."
The Ghanaian Chronicle. 24 September 2013. Richard Attenkah. "Three Member Fact-Finding Committee Inaugurated - To Investigate Teshie Chieftaincy Disputes." (Factiva)
The Ghanaian Times. 9 February 2011. Nelson Kofi Akatey. "Reflections on the Chieftaincy Institution."
_____. 23 August 2010. "Don't Drag Government Into Stool Disputes - Veep Warns."
Myjoyonline.com. 22 June 2013. "Gov't to Crack Down on Factions in Chieftaincy Disputes."
_____. 21 June 2013. "Chieftaincy Minister Asked to Play Lead Role in Resolving Teshie Clashes."
National House of Chiefs (NHC) and German Centre for International Peace Operations (ZIF). July 2011. "Conference on Sources and Resolution of Chieftaincy and Land Conflicts in Ghana." Chieftaincy Bulletin, Vol. 1, No. 2.
Public Agenda (Accra). 28 January 2013. "Ghana: Ministries Realignment Causes Duplication- Analysts."
Research Fellow,University of Ghana Institute of African Studies. 29 September 2013. Telephone interview.
Tonah, Steve. 2012. "The Politicisation of a Chieftaincy Conflict: The Case of Dagbon, Northern Ghana." Nordic Journal of African Studies, Vol. 21, No. 1, pp. 1-20.
United Nations (UN). N.d. United Nations Development Programme in Ghana. "Conflict Prevention Programme."
United States (US). 19 April 2013. Department of State. "Ghana." Country Reports on Human Rights Practices for 2012.
_____. 24 May 2012. Department of State. "Ghana." Country Reports on Human Rights Practices for 2011.
West Africa Network for Peacebuilding (WANEP). August 2013. Harnessing Local Capacities for Political Dialogue: WANEP's Experience in the 2012 Ghanaian Election.
Oral sources: Attempts to contact the following organizations were unsuccessful: Ministry of Chieftaincy and Traditional Affairs; The Irene K. Odotei Foundation.
Internet sites, including: AllAfrica; Daily Guide [Ghana]; ecoi.net; Ghana Bar Association; Ghana Business News; Ghana Centre for Democratic Development; Graphic Online; New Partnership for Africa's Development (NEPAD); United Nations – Integrated Regional Information Network, Refworld.
1. Ghana. 1992. The Constitution of the Republic of Ghana 1992, Sections 270-276.
Ghana: State involvement in chieftancy matters, including state protection available for people involved in chieftancy disputes [GHA104608.E] (Anfragebeantwortung, Französisch)
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