Country Report on Human Rights Practices for 1992
GHANA
Ghana was governed throu^out 1992 by the Provisional National Defense Council
(PNDC) under the chairmanship of Flight Lieutenant (Retired) Jerry John
Rawlings, who seized power from an elected government on December 31, 1981, and
suspended the Constitution. Under the Establishment Proclamation of January 11,
1982, the PNDC exercised "all powers of government." In addition to Chairman
Rawlings, the PNDC consisted of 7 members, of whom 1 was, a serving military officer
and 6 were civilians. The executive branch consisted of ministries headed by secretaries,
who together constituted a conunittee of secretaries, chaired by a PNDC
member, that drafted laws for referral to the PNDC for final consideration and approval.
All senior national, regional, and district officials were appointed by the
PNDC.
During 1992, the pace of a democratization process announced in 1991 accelerated
noticeably, culminating in a presidential election on November 3 and a parliamentary
election on December 29. International observers were present for the presidential
elections. The new Government was inaugurated on January 7, 1993. Despite
serious irregularities, most international observers accepted the validity of the
results of the presidential election, although the opposition political parties did not.
The opposition parties boycotted the parliamentary elections in protest over what
they claimed was massive fraud in the presidenti^ election and because they said
the parliamentary elections would not be free and fair.
Ghana's military forces number about 8,000 to 10,000. The several security organizations
report to various departments of Government, but all come under the control
of the PNDC, Most security cases of a political nature are handled by the Bureau
of National Investigation (BNI). All security agencies report to the PNDC
Member for Foreign Affairs and National Security. Total military expenditures for
1989, the last year for which the U.S. Arms Control and Disarmament Agency conducted
a detailed analysis, were $30 million. There is no indication that efforts will
be made in the near future to reduce these expenditures, which include the costs
of Ghana's participation in the regional peacekeeping force in Liberia and in the
United Nations' peacekeeping forces in Lebanon and Cambodia. There were occasional
credible reports of police brutality and mistreatment of prisoners.
Although Ghana is attempting to rebuild its industrial base after years of economic
mismanagement, more than 60 percent of the population still draws its livelihood
from agriculture. Gold, cocoa (and cocoa products), timber, and diamonds are
major sources of export revenues. Annual economic growth has averaged 5 percent
since the inception of an economic reooveiy program in 1983.
Although there clearly were still problems, such as the (Jovemment's replacement
of two repressive laws with one which allowed preventive detention, the human
rights situation in Ghana improved during 1992. The Newspaper Licensing Law was
repealed, and independent newspapers flourished, most of them outspokenly critical
of the PNDC. However, one newspaper editor was found guilty and sentenced to 18
months in prison under the Criminal Libel Law. The state-owned media began to
give objective coverage to opposition groups and to publish occEisional editorials criticizing
the Government. Government opponents voiced their opinions in seminars,
press conferences, speeches, and political rallies. Despite these improvements, the
maintenance of a preventive detention law, the continued holding of political detainees
and prisoners, the past human rights record of the PNDC Government, and the
(jovemment's refusal to consult with political parties until after they had protested
the results of the presidential election contributed to opposition distrust of the Government
and cast a shadow over the democratization process.
RESPECT FOR HUMAN RIGHTS
Section 1. Respect for the Integrity of the Person, Including Freedom from
a. Political and Other Extrajudicial Killing.
^There were no reports of politically
motivated or other extrajudicial killings.
b. Disappearance.
^No politically motivated disappearances were reported.
c. Torture and Other Cruel, Inhuman, or Degrading Treatment or Punishment.
There were occasional credible reports of mistreatment of prisoners, including solitary
confinement for long periods and the incarceration of prisoners without clothes
in dark, small cells without proper beds. Prisons in Ghana are antiquated and seriously
overcrowded, and conoitions are harsh. From time to time, the PNDC commuted
the sentences of ill or aged prisoners.
d. Arbitrary Arrest, Detention, or Exile
The Criminal Code provides minimal
legal protection against arbitrary arrest and detention. Although accused persons
have the ri^ht to oe ch£a*ged formally within 48 hours of detention, the court has
unlimited discretion regarding the setting of bail. It may reiuse to release prisoners
on bail and instead remand them without charge for an indefinite perioa, subject
to weekly review by judicial authorities. The only crimes for which, by statute, there
is no bail are murder and subversion. PNDC Law 4 (Preventive Custody Law of
1982), which provided for indefinite detention without trial if the PNDC determined
it in the interest of national security, was repealed in October. Also repealed was
an amendment to 1984 PNDC Law 91 (the Habeas Corpus Act) which prevented
any judicial inquiry into the grounds for detention under PNDC Law 4.
These two laws were replaced by Public Order Law No. 2, which allows the Secretary
of Interior to order any person detained for up to 14 days in order to prevent
armed robbery, ethnic conflict, or disruption of public order. The detention may be
renewed up to a total of 28 days unless a special review court of three superior court
justices appointed by the Chief Justice orders a longer detention. There is no other
judicial review of cases under this law. Persons held under provisions of Public
Order Law No. 2 must be informed of the grounds on which they are being held,
next of kin must be notified, and access to the detainees must be granted within
48 hours of the detention.
Ghanaian security forces occasionally take persons into custody without warrants
and hold them incommunicado for extended periods of time, with no legal recourse
available to the detainee. The threat of such treatment is a deterrent to political
or other opposition activities. Afl«r a series of bombings in Accra, several people
were detained, not because they were suspected of direct involvement, but because
they had contact with the accused author of the bombings. Those detained included
two of the accused's wives, as well as opposition figures Johnny Hansen and Kwesi
Pratt, and defeated presidential candidate Albert Adu Boahen. While most were released
within hours, Hansen was held without charge a number of days in excess
of the time permitted by Public Order Law No. 2.
Following the disputed presidential election, opposition figures claimed that party
supporters were arbitrarily arrested, primarily in the Kumasi area. A governmentowned
newspaper reported that 50 people were arrested by security agents in the
Kumasi area.
The exact number of long-term political prisoners and detainees at the end of
1992 was unknown; the best estimates indicate 50 to 70. It is difficult to determine
how many of the 50 to 70 long-term detainees are political detainees. The Government
claims that 26 are held on criminal charges and 16 in connection with coup
attempts. The Movement for Freedom and Justice (MFJ) and several international
humim rights groups published lists of detainees during 1991. In March 1992, the
PNDC released 17 political detainees and prisoners. However, other individuals
were often detained for a few days to a few weeks for a variety of reasons and then
released. The PNDC announced that all persons currently being held in prison had
either been convicted or were awaiting trial on criminal or national security
charges. Thus, many are still being denied a speedy, fair, and public trial.
The Grovemment does not practice forced exile. In recent years the PNDC has
quietly encouraged Ghanaians, including dissidents with valuable skills who are living
abroad, to return; in some cases the Government has offered amnesty. Some
former government and PNDC officials have returned and resumed careers outside
politics, apparently without difficulties.
e. Denied of Fair Public Trial.—Three court systems exist in Ghana. In the
"prerevolutionaiy" court system, traditional legal safeguards are based on British
legal procedures. Trials are public, and defendants have a ri^t to be present, to
be represented by an attorney, to present evidence, and to cross-examine witnesses.
This system includes high courts, api)eals courts, and the Supreme Court headed
by a Chief Justice. There are limitations, however, in the independence of these
courts. In the past the PNDC summarily dismissed judges, thereby reminding them
that they served at the PNDC's sufferance. In 1989 the Government reconstituted
the Judicial Council but confined it to an advisory role for judicial appointments and
disciplinary matters. The judiciary is still not independent.
A separate public tribunal system at the national and regional levels was set up
by the FNDC in 1982 to bypass the regular court system and speed up the judicial
process by restricting the procedural ri^ts of defendants. The public tribunals depend
largely on judges with little or no legal experience, and they shortcut legal
safe^ards and due process to provide "rough and ready" decisions, particularly in
criminal cases. This system includes the Omce of Revenue Commissioners, the National
Investigations Committee (established by PNDC Law 2 with the power to investigate
virtually any allegation referred to it by the PNDC), the Special Military
Tribunal, and the Public Tribunals Board. Kwesi Pratt and Albert Adu Boahen were
charged with obstruction of justice for refusing to testify before a public tribunal in
the trial of those charged with planting four bombs in Accra (see Section l.d.). They
contended that public tribunals do not provide adequate safeguards for human
rights.
In the past, the PNDC normally avoided bringing political and security cases to
trial, preferring to keep suspected opponents in indefinite detention. Under the
terms of the Habeas Corpus Act (PNDC Law 91), repealed in October, the PNDC
maintained and exercised the right to detain indefinitely any citizen without divulging
the grounds for the detention or initiating criminal proceedings. PNDC Law 24:
empowers public tribunals to impose the death penalty for any crime specified a
capital offense by the PNDC or if the tribunal determines that it is merited by a
{)articular case, even if the crime is not punishable by the death penalty under reguar
statutes. There are no known instances of this law being used. No appeals were
germitted until 1985, when the National Appeals Tribunal was created. The Ghana
ar Association has elected not to practice before the public tribunals.
The Chieftaincy Act of 1971 gives village and other traditional chiefs powers in
local matters, including authority to enforce customary tribal laws dealing with such
subjects as divorce, child-custody, and property disputes.
f. Arbitrary Interference with Privacy, Family, Home, or Correspondence
Citizens
engaged in activity deemed objectionable by the Government are subject to surveillance,
including monitoring of telephones and mail. There is no recourse if a government
agency wiretaps or interferes with private correspondence. In past years,
forced entry into homes has been reported in connection with security investigations.
Despite efibrts to redefine the role of the local Committees for the Defense of the
Revolution (CDR's), which previously functioned as neighborhood watch committees
reporting political activity to the (Jovemment, there continue to be credible reports
of CDR interference in private and tribal matters. TTiere also are credible reports
of CDR interference in the free and fair conduct of the November presidential election.
Section 2. Respect for Civil Liberties, Including
a. Freedom of Speech and Press
The Newspaper Licensing Law, which proscribed
criminal or so-called intentional libel ana placed a limit on freedom of
speech and the press, was repealed in 1992. Scores of independent newspapers appeared,
and these, plus some established independent papers, have been outspoken
in their criticism of the PNDC. Also, the opposition parties and organizations such
as the Ghana Bar Association, the Movement for Freedom and Justice, the Trades
Union Congress (TUC), the National Union of Ghanaian Students (NUGS), and others
have been outspoken in their criticism of the Government.
The Government owns the radio and television stations and the two principal
daily newspapers. Reporting in the official media accentuates the positive aspects
of government policies but also covers selected instances of corruption and mismanagement
in government ministries and state-owned enterprises. In general, the
government-owned media did not carry criticism of government policies or of Chairman
Rawlings and PNDC members. In 1992 the state-owned media began more objective
efforts at coverage of opposition activities. However, journalists are occasionally
subject to discipline or dismissal by the Government for publishing articles
deemed unacceptable. As a result, self-censorship is a pattern in the official media,
and writers, editors, and commentators rarely cross the boundary of acceptable reporting
and commentary.
Foreign periodicals are sold in Accra and other major cities. Issues containing articles
critical of the Government circulate freely. Western journalists can more routinely
secure visas and press credentials than was the case a few years ago.
In general, the PNDC has not suppressed freedom of speech, press, or academic
freedom on university campuses. The NUGS, one of the more vocal critics of the
PNDC, is tolerated and allowed to organize and hold meetings. There have been several
student demonstrations criticaT of the PNDC, but the Government has not
taken any action against the student groups.
b. Freedom of Peaceful Assembly ana Association.—Freedom of assembly and association
is restricted. People generally are free to organize indoor gatherings, whether
formal or informal, but permits are re
held outdoors. Since the ban on political parties was lifted on Mav 18, the opposition
parties have had little difficulty getting permits. They must, however, notify
the police 48 hours in advance of a rally. Before the ban was Ufted, a permit
for an anti-PNDC rally was denied, and a massive police presence prevented the illegal
march. There was no violence. Other rallies were allowed.
c. Freedom of Religion
There is no state-favored religion. Ghanaians are predominantly
Christian, and Christians of all sects as well as Muslims are well represented
at all levels of Government. There are no apparent advantages or disadvantages
attached to membership in any particular sect or religion.
Foreign missionary groups have generally operated throughout the country with
a minimum of formal restrictions, although some churches nave had difficulty obtaining
visas and residence permits for some of their expatriate missionaries.
d. Freedom of Movement Within the Country, Foreign Travel, Emigration, and Repatriation
Ghanaians and foreigners are free to move throu^out the country
without special permission. Police checkpoints exist countrywide for the prevention
of smuggling. However, in 1992 the PNDC ordered most checkpoints to be left unmanned
during daylight hours. Roadblocks and car searches are a normal part of
nighttime travel in Accra.
As members of the Economic Community of West African States, Ghanaians may
travel without visas for up to 90 days in member states. Ghanaians are generally
free to exercise this right, and nationals of other member states are free to travel
to Ghana. Ghanaians are also free to emigrate or to be repatriated from other countries.
Since the last half of 1990, Ghana has had a growing refugee population. Liberians
fleeing civil war began to arrive in August 1990. By November 1990, Ghana
was host to some 8,000 Liberian refugees. Most of the new refugees, as well as
many transiting third-country nationals also fleeing Liberia, were housed by the
Government with assistance from the United Nations High Commissioner for Refugees
(UNHCR) in a camp 20 kilometers from Accra. An undetermined number of
refugees have voluntarily returned to Liberia. The estimated camp population is
currently 6,000 to 7,000 inhabitants. In addition, over 15,000 Ghanaians who resided
in Liberia returned to their home villages in Ghana, often imposing great
strain on government social services.
During times of increased tension in Togo, as many as several thousand Togolese
flee their own country to seek refuge in Ghana. They generally are received by relatives
and return to their country voluntarily when the tension eases.
Section 3. Respect for Political Rights: The Right of Citizens to Change Their Government
Chairman Rawlings and the PNDC exercised total executive, legislative, and administrative
authority. However, the process of transition to constitutional rule
which was begun in January 1991 accelerated in 1992; Rawlings was elected President
on November 3; and parliamentary elections were held on December 29. The
new Government was inaugurated on January 7, 1993. The Commonwealth Secretariat,
the Carter Center, the Organization of African Unity, Canada, and members
of the European Community sent observers to the presidential elections. Observers
noted significant problems with the electoral process (involving especially
the voter registration list) out felt that the irregularities did not change the outcome
of the election. Claiming that the presidential elections had been unfair and that
any election conducted under the same conditions would be unfair, the opposition
parties boycotted the parliamentary elections.
Many of the constitutional and legal means to enable Ghanaians to change their
government through democratic means were in place in 1992. Nonetheless, given
9ie failure of the Government and the opposition parties to reach agreement on the
implementation of electoral procedures, the election irregularities, and the opposition
boycott of the parliamentary elections, it remained to be demonstrated conclusively
that Ghanaians would have the ability to exercise this right.
The elections were supervised by an mterim National Electoral Commission
(INEC) of three full-time and six part-time Commissioners which the PNDC appointed
in February to supervise the constitutional referendum, the registration of
parties, and the elections. The Consultative Assembly finished drafting the Constitution
in March. It was overwhelmingly approved by a referendum in April, despite
widespread criticism of the transition provisions; these provisions provide
sweeping indemnity for the PNDC and its appointees. In May the PNDC published
the Political Parties Law and lifted the ban on politics. Although the law was based
largely on the new Constitution (in effect as of January 7, 1993) and on previous
election laws, the opposition parties sought an inunction to keep the INEC from operating
under this law. They particular^ objected to the speciiic limit on individual
campaign contributions, to the prohibition against companies' contributing to campaigns,
and to the proMbition against adopting party names used in previous elections.
The court ruled against the opposition parties. However, the PNDC then said
that the INEC could raise the limit on individual contributions if it so desired. After
meetingB with the opposition parties, the INEC raised the limit significantly.
The time schedule and many of the laws governing election procedures were established
before the INEC Commissioners were appointed. The INEC believed that
it could not change these procedures, although it was willing to suggest change to
the PNDC. For instance, when it became clear that there were serious problems
with the voters' register, the INEC suggested a reregistration, an option rejected by
the PNDC. Instead, the INEC launched a cleanup of the register, despite which an
excess of 1 million names may remain, stemmmg from tne duplication of some
names and the inclusion of some persons recently deceased. In the wake of their
loss in the presidential elections, the opposition parties contended that the excess
names provided ample opportunity for manipulation of election results.
The opposition had few specific criticisms of the INEC members. However, because
the members were appointed without consultation with the opposition and because
of mutual suspicion and animosity prevalent in the preelectoral period, the
independence and neutrality of the INEC remains a question mark in the minds of
many.
During 1992 the opposition, the TUC, the bar association, the students' union,
and the major religious groups were highly critical of the PNDC's refusal to consult
with the opposition. The PNDC's efforts to urge the major religious communities to
support its economic and social policies have created tensions. Chairman Rawlings
publicly criticized the Roman Catholic Church for prohibiting its priests from participating
in the district assemblies.
The PNDCs unwillingness to consult prior to making decisions regarding the
transition lessened the credibility of the process, even if the decisions themselves
mi^t have been reasonable. For example, there was considerable criticism of the
PNDC's method of selecting members for the Consultative Assembly. However, the
Assembly operated as an independent body, and the PNDC made little effort to influence
its deliberations, except over the indemnity provisions. Indeed, except for the
indemnity provisions, the Consultative Assembly seemed to oppose the PNDC on
most issues.
here are no de facto obstacles to women participating in Government. There was
one woman on the PNDC and several women deputy secretaries.
Section 4. Governmental Attitude Hoarding International and Nongovernmental Investigation
(^Alleged Violations ofHuman Rights
At least four human ri^ts oi^anizations were established in Ghana in the past
18 months, including the Committee on Human and People's Rights and the Bar
Association Human Ki^ts Committee. The Government has not reacted to this development.
The PNDC frequently has shown aimoyance at criticism of its human
rights record from Ghanaian religious organizations and international human rights
advocates. In 1991 the PNDC invited Amnesty International (AI) to visit Ghana to
discuss alleged inaccuracies in an AI report. The Government permits prison visits
by the International Committee of the Red Cross.
Section 5. Discrimination Based on Race, Sex, Religion, Language, or Social Status
Although ethnic differences are intentionally played down by the Government, opponents
of the PNDC occasionally complain that the PNDC and the political leadership
are dominated by the Ewe ethnic group from eastern Ghana. Chairman
Rawlings and a number of his close advisors are Ewe, but many PNDC members
and secretaries have other ethnic origins. Land disputes led to some ethnic violence.
The Government has made concerted efforts to improve the status of women, but
Ghanaian women remain subject to some forms of societal discrimination. In 1985
the PNDC promu^ated four laws that overturned many of the customary, traditional,
or colonial laws that discriminated against women. These concerned family
accountability, intestate succession, customary divorce registration, and the administration
of estates. Women in urban centers and those with skills and training en108
counter little overt bias, but resistance to women in nontraditional roles persists.
Women in the rural agricultural sector remain subject to traditional male dominance
and diflicult labor conditions. Statistics show an equal male/female ratio in
school enrollments in grade 1, dropping to 2 to 1 by grade 6, 4 to 1 at the secondary
level, and 9 to 1 at umversity level.
Violence against women (including wife beating) occurs, but since there are no
statistics or studies available, the e^rtent of the problem is uncertain. Police do not
normally intervene in domestic disputes, and such cases seldom come before the
courts. The Government has not addressed the issue of violence against women. The
practice of female genital mutilation (circumcision) is discouragea but not outlawed.
According to an independent expert in the field, the percentage of Ghanaian women
who have undergone this procedure may be as high as 30 percent. Such mutilation
is practiced only in the far northeastern and northwestern parts of the country.
Section 6. Worker Rights
a. The Right of Association
This right is restricted, as the Trades Union Ordinance
confers broad powers on the Government to refuse to register a trade union.
However, the PNDC has not interfered with the right of workers to associate in
trade unions. Civil servants are prohibited by law from joining or organizing a trade
union.
Trade unions in Ghana and their activities are still governed by the Industrial
Relations Act (IRA) of 1965. The Trades Union Congress (TUC) has in recent years
been led by experienced union leaders who, aided by a revised union constitution
and bylaws, continued to define an autonomous role for the TUC within the PNDC
regune.
The rig^t to strike is recognized in law. Under the IRA, the Government established
a system of settling disputes, first through conciliation, then arbitration. The
Government must approve any strike but does so rarely, and only in cases where
conciliation and arbitration fail to produce an agreement. There has been no
progress in implementing the Government's declared intention to replace this system
with labor tribunals to arbitrate industrial disputes certified as deadlocked.
The TUC is afiiliated with the Organization of African Trade Union Unity
(OATUU), headonaartered in Accra. In December 1992, the TUC broke with OATUU
policy barring amliations outside the African continent and was accepted as a member
of the International Confederation of Free Trade Unions.
b. The Right to Organize and Bargain Collectively
The IRA provides a framework
for collective bargaining and some protection against antiumon discrimination
as well. Ghana's trade unions engage in collective bargaining for wages and benefits
with both private and state-owned enterprises, though in the latter category the
threat of detention (a common practice in the early 1980's) hangs over union leaders
to force agreement on issues. No union leaders were detained in recent years for
union or other activities.
There are no functioning export processing zones in Ghana.
c. Prohibition of Forced or Compulsory Labor
Ghanaian law prohibits forced
labor, and it is not known to be practiced. The International Labor Organization
(ILO) continues to urge the Government to revise various legal provisions that permit
imprisonment with an obligation to perform labor for offenses that are not countenanced
under ILO Convention 105, ratified by Ghana in 1958.
d. Minimum Age for Employment of Children
Labor legislation in Ghana sets
a minimum employment age of 15 and prohibits night work and certain types of
hazardous labor for those under 18. In practice, child labor is prevalent, and young
children of school age can often be found during the day periorming menial tasks
in the market or collecting fares on local buses. Observance of minimum age laws
is eroded by local custom and economic circumstances that encourage children to
work to help their families. Violators of reflations prohibiting heavy labor and
night work for diUdren are occasionally pumshed. Inspectors from the Ministry of
Mobilization and Social Welfare are responsible for enforcement of child labor regulations.
e. Acceptable Conditions of Work
In 1991 minimum standards for wages and
working conditions were established through a tripartite commission composed of
representatives of government, labor, and employers. The minimum wage rate combines
wages with customary benefits such as transportation allowances, and other
salaries are adjusted accordingly, but the existing minimum yiaae is insufficient for
a single wage earner to support a family. In most cases households are supported
by multiple wage earners, some family farming, and other family based commercial
activities.
The basic workweek in Ghana is 40 hours. Occupational safety and health regulations
are in effect, and sanctions are occasionally applied through the Labor Depart109
ment of the Ministry of Social Welfare. However, safety inspectors are few in number
and poorly trained. They will take action if matters are called to their attention,
but lack the resources to seek out violations.
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