Ghana: Update on the Fourth Republic

1. INTRODUCTION

In November 1992 Flight Lieutenant Jerry Rawlings, who had led Ghana during 11 years of military rule under the Provisional National Defense Council (PNDC), received 58 per cent of votes cast in the presidential election (Country Reports 1993 1994, 112). Although the election results were accepted as valid by international observers, the election process was marked by "irregularities" (ibid.; Agyeman-Duah 1994, 204). These irregularities included problems with the voters lists (ibid.; Africa Today 1992, 69-70; NPP 1993, 54-57), PNDC control of and access to the media, and the involvement in the lead-up to the elections of the government's "revolutionary organs," including the Committees for the Defense of the Revolution (CDRs), the Civil Defense Organization (CDO) and the 31 December Women's Movement (ibid., 82; Africa Today 1992, 69-70). One source describes these organizations as "disguised offshoot[s] of the NDC [National Democratic Congress] that started the campaign for Rawlings' presidency long before the lifting of the ban on party politics" (ibid., 69-70). The opposition parties, alleging "massive fraud," boycotted the December 1992 parliamentary elections (ibid., 69; Country Reports 1993 1994, 112).

On 7 January 1993, the same day the country's new constitution came into force, Rawlings became the first president of the Fourth Republic [ The inauguration of the Fourth Republic marked the culmination of a process of constitutional renewal and transition to democratic government that began with the March 1991 release of a government report entitled "Evolving a True Democracy." For additional information please see the November 1992 DIRB Question and Answer Series paper entitled Ghana: Constitutional Democracy and the Fourth Republic, pp. 9-12.]. Because the opposition had boycotted the parliamentary elections, the NDC was able to take control of both the presidency and parliament (ibid.).

2.       UPDATE SINCE THE 1992 ELECTIONS

2.1               The Constitution

According to the Ghana Committee on Human and People's Rights, "Ghana has come a long way with regards to respect for fundamental human rights. The Constitution has created the legal framework within which fundamental human rights can thrive" (African Topics Mar.-Apr. 1994, 14). E. Gyimah-Boadi, a Ghanaian political scientist teaching at the University of Swaziland, believes that regardless of its shortcomings, "Ghana's transition to constitutional rule cannot be dismissed as insignificant" and "represents a major concession to democracy and the rule of law ..." (Journal of Democracy Apr. 1994, 80).

The constitution contains several human rights provisions, most of which are found in chapter 5 under the heading "Fundamental Human Rights and Freedoms" (African Topics Mar.-Apr. 1994, 13; Country Reports 1993 1994, 112). Chapter 5 includes civil and political guarantees such as protection of the right to life and liberty, protection from slavery and discrimination, freedom of expression and assembly, and economic guarantees such as the right to "equal pay for equal work," equal access to education and the protection of cultural practices within the limits of the constitution (Flanz Mar. 1994, 12-13, 15-16, 23-24, 26-27). Chapter 5 also provides guarantees in the administration of justice, such as a 48-hour limit on detention without arraignment, provisions for habeas corpus and conditions the executive must satisfy in order to declare or maintain a state of emergency (ibid., 14, 30-34).

The constitution also calls for the establishment of a number of special institutions, including the Commission on Human Rights and Administrative Justice, the Media Commission, the Electoral Commission and the National Commission on Civic Education (ibid., iii; African Topics Mar.-Apr. 1994, 13-14; West Africa 16 Jan. 1994c). Reports indicate that these institutions have been set up and are going about their work (ibid.; African Topics Mar.-Apr. 1994, 13-14; Country Reports 1993 1994, 113). However, one observer, a senior lecturer in political science at the University of Ghana at Legon, Accra suggests the government has relied on political patronage to appoint staff to some of these institutions (West Africa 16 Jan. 1994c). According to Peter Adjetey, national chairman of the Human Rights Committee of the Ghana Bar Association (GBA) and a former GBA president, CDR operatives and other government loyalists have been recruited into the middle and lower ranks of the Commission on Human Rights and Administrative Justice, the Electoral Commission and the Commission on Civic Education (Adjetey 29 June 1994).

2.2              The Judiciary

The constitution established two levels of courts: superior courts, which include the Supreme Court, the Appeals Court, the High Court and regional tribunals, and lower courts, which may be decreed by parliament (Country Reports 1993 1994, 113). Under the new constitution parliament passed the Courts Act of 1993, thereby abolishing the country's National Public Tribunal in July 1993 (Amnesty International 25 Oct. 1993). The lower public tribunals created by the PNDC regime are also being eliminated (Adjetey 29 June 1994; Country Reports 1993 1994, 113), although under the Courts Act verdicts handed down in these courts can be appealed to higher courts in the country's regular court system (Adjetey 29 June 1994; Amnesty International 25 Oct. 1993).

The public tribunal system has been widely criticized for its broad powers, harsh sentences and susceptibility to political interference [ For further information on the public tribunals, please refer to the November 1992 DIRB Question and Answer Series paper entitled Ghana: Constitutional Democracy and the Fourth Republic.] (ibid.; News from Africa Watch 31 Jan. 1992). In July 1993 twelve men were executed who earlier had been convicted for murder or armed robbery by public tribunals (Amnesty International 25 Oct. 1993). In October 1993 Amnesty International expressed concern that more people would be executed who had been given death sentences before the public tribunals were abolished (ibid.).

Although the judiciary had little independence under the PNDC regime (Country Reports 1993 1994, 113; News from Africa Watch 31 Jan. 1992), a number of recent Supreme Court decisions suggest the judiciary may have greater independence under the Fourth Republic. For example, the Supreme Court has ruled in favour of the opposition New Patriotic Party (NPP) in a number of cases filed against the government (Ghana Human Rights Quarterly Oct.-Dec. 1993e, 7; West Africa 22 Aug. 1993; Country Reports 1993 1994, 113; Journal of Democracy Apr. 1994, 81). In one landmark case the NPP challenged the constitutional validity of Public Order Decree 1972 (NRCD 68), which required a police permit to hold a public gathering. Referring to paragraph 21.(d) of the Constitution, the court ruled that a permit was not required (ibid.; West Africa 22 Aug. 1993) and ordered the attorney-general and inspector-general of police to circulate notice of the ruling throughout the country (ibid.). According to Country Reports 1993, the government made "significant efforts" to publicize the rulings and allowed some demonstrations to take place without permits (Country Reports 1993 1994, 114).

In another well-publicized case the NPP argued that the state-owned Ghana Broadcasting Corporation's (GBC) refusal to grant it equal access to present its views on the budget contravened certain constitutional guarantees. The Supreme Court ordered the GBC to grant the opposition party "fair opportunity and equal access to its facilities" (Ghana Human Rights Quarterly Oct.-Dec. 1993e, 7; West Africa 22 Aug. 1993; Journal of Democracy Apr. 1994, 81).

2.3            Commission on Human Rights and Administrative Justice

The mandate and responsibilities of the Commission on Human Rights and Administrative Justice are outlined in chapter 18 of the constitution (Flanz Mar. 1994, 143-47). The commission's functions include investigation of complaints of violations of fundamental human rights and freedoms and complaints of abuse of power by public officials while discharging their duties (Flanz Mar. 1994, 143-44). Paragraph 218.(d) of the constitution authorizes the commission to initiate court proceedings against a human rights offender, or to challenge the constitutionality of the particular procedure, regulation or law that is the source of the offence (ibid., 144). As well, the commission is entrusted with educating the public about its basic human rights and freedoms (ibid.).

The three-member commission, which is expected to take over the functions of the former office of the Ombudsman, was sworn in by President Rawlings on 22 October 1993 (Ghana Human Rights Quarterly Oct.-Dec. 1993c, 5), and by year's end had begun recruiting legal, investigative and office staff (Country Reports 1993 1994, 113). By January 1994 the commission had received over 100 petitions from individuals alleging violations by the PNDC or its agents (West Africa 16 Jan. 1994b). According to Peter Adjetey, the commission has been reviewing petitions and has already begun its investigatory duties, although its activities have received little publicity so far (Adjetey 29 June 1994).

2.4             Freedom of the Press and Human Rights Monitors

Chapter 12 of the new constitution sets out a number of safeguards necessary to the establishment of an independent press or media (Ghana Human Rights Quarterly Oct.-Dec. 1993b, 3; Flanz Mar. 1994, 112-15), including freedom from censorship and access to the state-owned media for those with "divergent views and dissenting opinions" (ibid., 112). The constitution also calls for the establishment of the National Media Commission to foster free and independent media and ensure that the state-owned media are not susceptible to government control (ibid., 114).

According to NPP leader Abu Boahen, the government has demonstrated tolerance and patience in its dealings with the media, and has observed the constitutional guarantees of freedom of the press (New African Jan. 1994). The Ghana Committee on Human and People's Rights suggests that the establishment of the National Media Commission and the 1993 Supreme Court decision granting the NPP access to Ghana Broadcasting Corporation facilities indicate that the government no longer has total control over the state-owned media (African Topics Mar.-Apr. 1994, 14).

However, lecturers at the University of Ghana School of Communication Studies have criticized the government for its appointment of an executive secretary to the commission (New African Sept. 1993), when the constitution explicitly states that all staff are to be appointed or elected by the commission itself (Flanz Mar. 1994, 114). One source speculates that the government might be able to fill at least 10 of the commission's 15 positions with its own supporters, and states that "[m]ost locals assume the government will be able to exercise as much control as it did in the PNDC days" (New African Sept. 1993). Other observers have noted that electronic media such as radio and television remain in government hands (African Topics Mar.-Apr. 1994, 14; Editor and Publisher 1 Jan. 1994; Country Reports 1993 1994, 114).

In 1993 four journalists employed with the state-owned media were transferred to positions widely viewed as demotions, allegedly for having written or produced stories critical of the government (ibid.). According to Country Reports 1993, the result of these perceptions is that "self-censorship is a pattern in the official media, and writers, editors, and commentators recognize and rarely cross the boundary of acceptable reporting and commentary" (ibid.). However, on occasion state-owned newspapers have been critical of the government, such as when the Ghanaian Times described certain government members as "opportunists" (New African Sept. 1993). One observer believes state-owned newspapers like the Daily Graphic are becoming more balanced in their editorials and coverage of news events (Journal of Democracy Apr. 1994, 81).

The number of privately owned independent newspapers has increased, and although they generally have few resources and limited circulation outside the capital, have become more critical of government since the relaxation of state control of the media (Country Reports 1993 1994, 114; Journal of Democracy Apr. 1994, 81). However, one source states that Ghana's criminal libel law "casts a shadow over freedom of the press" (Country Reports 1993 1994, 114), and several government officials including the president, the first lady and the minister of information have reprimanded the private press for carrying stories critical of the government (Adjetey 29 June 1994). In 1993 the Private Newspaper Publishers Association of Ghana criticized police for possibly intimidating journalists (West Africa 15 Aug. 1993). The premises of the weekly Free Press were reportedly "invaded" at least three times by police between September 1993 and January 1994 (ibid. 16 Jan. 1994b), and the paper's editor, Eben Quarcoo, was questioned but never charged with respect to an article the paper published about possible misuse of funds by the minister of information and the First Lady (Country Reports 1993 1994, 114). Quarcoo has received several anonymous death threats since publishing allegations of government corruption, and in May 1994 six masked men vandalized the paper's offices (Reuters 12 May 1994).

There are a number of human rights organizations operating in Ghana, including the Ghana Committee on Human and People's Rights and the Human Rights Committee of the Ghana Bar Association. The law faculty at the University of Ghana at Legon recently opened the Human Rights Study Center (Country Reports 1993 1994, 116). According to Country Reports 1993, human rights monitoring organizations are free from government interference in their activities (ibid.). Adjetey corroborates this, stating that these organizations are free from the kind of harassment they experienced under the PNDC regime; nevertheless, he believes there remains a subtle hostility toward human rights organizations (Adjetey 29 June 1994). He notes, for example, that the state-owned media still refuse to cover human rights events sponsored by the Ghana Bar Association, including a recent series of public lectures on human rights and the rule of law (ibid.).

2.5        Violations by Police and other State Actors

Although one source states that government and police authorities seem to be abiding by the habeas corpus provisions of the constitution, "albeit begrudgingly" (Journal of Democracy Apr. 1994, 81), Adjetey indicates that police still detain suspects beyond the 48 hours permitted by the constitution, especially in rural areas where few individuals are aware of their rights (Adjetey 29 June 1994). He does not believe the practice is government policy but instead reflects the attitudes of some local police officials (ibid.). Atta Akyea, an Accra barrister representing a client who was detained by police for more than eight days, is aware of several other cases where the police or military police have held suspects for longer than 48 hours without an arraignment (1 July 1994).

There are also reports of police physically assaulting detainees (Akyea 1 July 1994; Country Reports 1993 1994, 112). On 7 June 1993, for example, a prisoner was reportedly beaten to death by a police inspector and a constable (ibid.). The two officers were charged with murder and released on bail, but at the end of 1993 had not yet been tried (ibid.; Akyea 1 July 1994). In a February 1993 incident several young newspaper vendors were arrested for selling newspapers on a "ceremonial road" and taken to the Castle (the seat of government), where they were reportedly beaten and had their heads shaved and their money confiscated (African Topics Mar.-Apr. 1994, 14; West Africa 16 Jan. 1994b). In at least two demonstrations that took place in 1993, including a political opposition rally in Accra and a student demonstration at Legon University, police assaulted, clubbed and even shot at demonstrators (ibid.; African Topics Mar.-Apr. 1994, 13-14; Inter Press Service 24 Mar. 1993; Country Reports 1993 1994, 114).

NPP leader Abu Boahen suggests that while the observance of human rights has improved significantly in Ghana's cities, in rural areas arbitrary arrests and other abuses continue to be perpetrated by "paramilitary" groups such as the CDRs, CDO and commandos against those perceived to oppose the government (New African Feb. 1994). Akyea has heard of several such cases, few of which have been investigated (Akyea 1 July 1994). According to Adjetey, interference and harassment of perceived political opponents occurs often in rural areas, and facilities and privileges are sometimes denied those who are not committed to the party in power (Adjetey 29 June 1994).

Boahen claims the disappearance of one NPP member in 1993 was politically motivated (New African Jan. 1994), but Adjetey states that the incident has not yet been confirmed (29 June 1994), and Country Reports 1993 indicates that there were no known cases of political disappearance in 1993 (Country Reports 1993 1994, 112).

2.6             Ethnic Conflict in Northern Ghana

Violent clashes have erupted sporadically among the 15 social and ethnic groups inhabiting Ghana's northern region (AFP 17 Feb. 1994; Inter Press Service 16 Feb. 1994; ibid. 10 Feb. 1994), most recently in 1990, 1991, 1992 and 1994 (ibid.; Ghana Broadcasting Corporation Radio Network 29 Mar. 1994b; Reuters 22 Apr. 1994). While it is outside the scope of this paper to detail the relationships between all of these groups [ Information on specific groups can be obtained through the Regional Documentation Centres.], it is important to note that a rivalry has developed between the Konkombas, who emigrated from neighbouring Togo in the 1950s (ibid. 14 Feb. 1994; Inter Press Service 10 Feb. 1994; ibid. 16 Feb. 1994), and the Dagombas, Nanumbas and Gonjas, who differ from the former in terms of leadership structure, ownership of land, social conditions and religious practices (AFP 17 Feb. 1994; Reuters 22 Apr. 1994).

Tensions between the Konkombas and the Dagombas in particular reportedly increased when Konkomba demands for a paramount chieftaincy and lands of their own were rejected by the other tribes in 1993 (Reuters 22 Apr. 1994; Inter Press Service 23 Mar. 1994). Of the fifteen ethnic groups in the region, only four-the Nanumbas, Gonjas, Maprusi and Dagombas-have paramount chiefs, who confer ownership to the land (ibid. 16 Feb. 1994). Moses Bukari Mabenga, a Konkomba MP, has complained that these four groups own all of the land in the northern region (ibid. 10 Feb. 1994). In response to Konkomba demands, Ya-Na Andani Yakubu, paramount chief of the Dagombas, has stated "we are not prepared to cede one inch of our territory to the Konkombas" (ibid.).

Press reports indicate that the latest clash erupted in February 1994, following a dispute over the price of a guinea fowl and the subsequent killing of a Nanumba by a Konkomba (Inter Press Service 23 Mar. 1994; ibid. 16 Feb. 1994; Xinhua 21 Mar. 1994; Reuters 14 Feb. 1994). Official figures indicate that over 1,000 people have been killed and 67 villages levelled in fighting between the Konkombas and the Nanumbas, Gonjas and Dagombas (AFP 8 Aug. 1994). Other sources estimate that 1,000 to 5,000 people were killed, upwards of 260 villages destroyed by fire and approximately 150,000 people displaced (Reuters 22 Apr. 1994; Inter Press Service 23 Mar. 1994; ibid. 10 Feb. 1994; Xinhua 24 Mar. 1994).

On 10 February 1994 a state of emergency was declared in the town of Tamale and the northern districts of Yendi, Nanumba, Gushiegu/Karaga, Saboba/Chereponi, East Gonja and Zabzugu/Tatale (Inter Press Service 10 Feb. 1994; Reuters 14 Feb. 1994). On 22 April the government declared that all press reports about the conflict would have to be approved by the military authorities in the region (Reuters 9 June 1994). An Africa News report indicates the government was concerned that news reporting could worsen the conflict, and that journalists were critical of government interference in the publication of news reports once the conflict started (Africa News 28 Mar. 1994)

Reports indicate that the violence was made worse because the ethnic groups were stockpiling weapons (The Ghanaian Chronicle 28 Feb.-2 Mar. 1994, 3; Free Press 25 Feb.-3 Mar. 1994, 6). And whereas many Dagombas, Gonjas and Nanumbas allegedly surrendered their weapons to authorities, the Konkombas, who operate in small groups out of the bush, failed to do the same (Inter Press Service 29 Mar. 1994; Ghana Broadcasting Corporation Radio Network 29 Mar. 1994a). Displaced Konkombas were reportedly given refuge at army barracks in Tamale in northern Ghana and then transferred to the Brong-Ahafo province in central Ghana (Inter Press Service 21 Apr. 1994). According to a Christian missionary quoted in a Reuters report, "[n]o Konkomba can come to Tamale today. He wouldn't last two minutes" (Reuters 22 Apr. 1994).

In an incident on 1 March 1994, 11 people were killed and another 18 wounded by army troops in Tamale (AFP 3 Mar. 1994; Documentation-Réfugiés 1-14 Mar. 1994, 5). The soldiers opened fire on a crowd consisting largely of Dagombas who had clashed with Konkombas (AFP 3 Mar. 1994). The information ministry claimed warning shots had failed to disperse the crowd, which was about to attack the soldiers (ibid.). The government expressed its regret but noted that a police officer had been seriously wounded in an earlier incident (ibid.). In another incident Konkombas alleged that soldiers and police officers beat a 70-year-old Konkomba man and his son with holsters and sticks after the man could not tell them who had burned down some Dagomba houses a month earlier (Inter Press Service 23 Mar. 1994).

Ghana's food supplies are at risk as the area affected by the conflict supplies much of the country's yams, sorghum and maize (ibid. 29 Mar. 1994). A Reuters report notes that the government faces a dilemma; if it does not accede to Konkomba demands the conflict will continue and production of staples will be endangered, but if it "takes land from other tribes to give to the Konkombas, it will disrupt an ancient balance of power and encourage other landless groups to seize what they want by force" (Reuters 22 Apr. 1994). The government, which has been criticized for ignoring ethnic tensions and failing to intervene in the conflict sooner [ In particular, the government has been criticized for suppressing the report of a committee established in 1991 to investigate communal violence in the region (Free Press 18-24 Feb. 1994, 6). The committee's report, released in March 1994 (Ghana Broadcasting Corporation Radio Network 29 Mar. 1994b), currently is not available to the DIRB.] (The Ghanaian Chronicle 28 Feb.-2 Mar. 1994, 3; Free Press 18-24 Feb. 1994, 6), is conducting peace talks with the groups in Accra (Reuters 22 Apr. 1994). Although the state of emergency was initially declared for three months, it was not revoked by parliament until 5 August 1994 (AFP 8 Aug. 1994). On 9 June 1994 a government-mediated peace accord was signed by all of the parties involved in the conflict, who renounced the further use of violence to promote their demands (Reuters 9 June 1994). One source indicates that the accord has not ended tensions in the region, and ethnic Konkombas reportedly have been barred by rival groups from entering marketplaces near the town of Yendi (AFP 8 Aug 1994).

3.         WOMEN'S HUMAN RIGHTS

3.1                Legal Provisions

Chapter 5 of Ghana's constitution includes a number of provisions dealing specifically with gender (Flanz Mar. 1994, 12). Subsection 12.(2) provides that:

Every person in Ghana, whatever his race, place of origin, political opinion, colour, religion, creed or gender shall be entitled to the fundamental human rights and freedoms of the individual contained in this Chapter but subject to respect for the rights and freedoms of others and for the public interest (ibid.).

Subsection 17.(2) further states that a "person shall not be discriminated against on grounds of gender, race, colour, ethnic origin, religion, creed or social or economic status" (ibid., 16). Subsections 27.(1) and 27.(2) require that working women receive paid maternity leave and that child care facilities be provided to allow the mothers of pre-school age children to "realise their full potential" (ibid., 27-28), and subsection 27.(3) guarantees equal rights to training and promotion opportunities in the workplace (ibid.).

Subsection 26.(2) further stipulates that "[a]ll customary practices which dehumanize or are injurious to the physical and mental well-being of a person are prohibited" (ibid., 27). As early as 1985 the PNDC overturned several traditional and colonial laws that discriminated against women (Country Reports 1993 1994, 116), and a 1984 amendment to the criminal code prohibited certain widowhood rites defined as "crude," "immoral or grossly indecent" (United Nations 5 July 1991, 11, 60). While Ghana's 1991 report to the Committee on the Elimination of Discrimination against Women (CEDAW) indicated that government efforts to change traditions and customs that negatively affect women had achieved few improvements (ibid., 11), a government representative, in comments to CEDAW in 1992, noted that women themselves have begun to question previously accepted discriminatory practices (IWRAW Aug. 1992, 17).

In 1993 the minimum sentence for rape was raised from 12 months to three years, plus a fine or an additional three years imprisonment (Country Reports 1993 1994, 116). This amendment to the criminal code succeeded despite the opposition of some MPs, who argued that an increase in punishment would not reduce the incidence of rape (West Africa 1 Aug. 1993). A more recent amendment to increase the penalty for the rape of minors failed to advance beyond the committee stage in parliament (ibid. 16 Jan. 1994a). The amendment was drafted in the wake of press reports of rapes of minors throughout the country. Its failure was loudly criticized by the media and by the Women's Parliamentary Caucus, which had supported it (ibid.).

Ghana has ratified the UN Convention on the Elimination of All Forms of Discrimination against Women, the Convention on the Political Rights of Women, the Convention on the Nationality of Married Women, the Slavery Convention of 1926 and the Supplementary Convention on the Abolition of Slavery, the Slave Trade, and Institutions and Practices Similar to Slavery (United Nations 1994, 4-5). It has also ratified the African Charter of Human and People's Rights, which contains provisions protecting women's rights (Ghana Human Rights Quarterly Oct.-Dec. 1993d, 6). Among the international instruments Ghana has not ratified is the Convention on Consent to Marriage, Minimum Age for Marriage and Registration of Marriages (United Nations 1994, 4).

3.2               Violence Against Women

Sylvia Cudjoe, a legal practitioner and national executive member of the Ghana Committee on Human and People's Rights, has noted that:

violence against women has become so rampant because of the fact that many women are uneducated, ignorant or poor and are slaves to cultural norms and religion. ... Violence in the form of domestic violence, rape, widowhood rites [and] the Trokosi [fetish slave] system ... continue to persist in Ghana (Ghana Human Rights Quarterly Oct.-Dec. 1993d, 6).

Despite a lack of statistical evidence on the incidence of violence against women (IWRAW Aug. 1992, 17), other sources consider it to be a serious problem (Delle 30 June 1994; Country Reports 1993 1994, 116). Country Reports 1993 notes that the media "sometimes" report incidents of violence against women, including cases of domestic violence, rape and assault (ibid.).

The Committee on the Elimination of Discrimination against Women, in considering Ghana's 1991 report, expressed concern over the impact on women of polygamy and widowhood and funeral practices (IWRAW Aug. 1992, 17). In the ethnic violence that recently erupted in northern Ghana, women have been assaulted, raped and killed (Reuters 22 Apr. 1994; La Presse 17 Feb. 1994), and some have had tribal marks cut into their cheeks (Daily Graphic 12 Feb. 1994).

The trokosi, fetish slave or "vestal virgin" system is a traditional practice most common in the eastern Volta region in which young girls are enslaved to fetish priests and held in local shrines in the belief that this will atone for crimes committed by other members of their family (Country Reports 1993 1994, 116; Inter Press Service 22 Apr. 1994; Ghana Human Rights Quarterly Oct.-Dec. 1993d, 6). The girls are generally enslaved for life and forced to have sex with the priests (ibid. Oct.-Dec. 1993a, 1) and bear their children (Inter Press Service 22 Apr. 1994). Even though it contravenes Ghanaian law, custom and a deep-seated fear that the families will suffer if the girls are not given to the shrine means the practice persists (Country Reports 1993 1994, 116-17). Evidence indicates that more than 1,000 girls may be bound to fetish shrines (ibid., 117; Ghana Human Rights Quarterly Oct.-Dec. 1993a, 3; Inter Press Service 22 Apr. 1994).

Female genital mutilation (FGM), another traditional practice, is said to be a "serious" problem (Country Reports 1993 1994, 116); some sources estimate that as many as 30 per cent of Ghanaian females have undergone this procedure (ibid.; WIN News Summer 1993), although local health officials believe the actual number is much lower (Country Reports 1993 1994, 116). Information regarding the extent to which FGM is practised by any particular social or ethnic group is limited. Several sources note that it is practised primarily in rural areas in the northern and upper regions of the country (ibid.; United Nations 5 July 1991, 42; Inter Press Service 11 Apr. 1994; Delle 30 June 1994). The government's 1991 report to CEDAW indicates that FGM occurs mainly among Muslims and the Frafra, a Dagomba subclan (United Nations 5 July 1991, 42). Nevertheless, Dr. Edmund Delle, the director of the African Commission of Health and Human Rights Promoters, notes that it is not specific to any one religion or ethnic group and is practised by a majority of tribes in the northern region (Delle 30 June 1994).

Although the practice is not currently outlawed (ibid.), legislation prohibiting parents from having their daughters undergo FGM was approved by cabinet and submitted to parliament in May 1994 (West Africa 24 Apr. 1994; Inter Press Service 11 Apr. 1994; ibid. 20 May 1994). If passed in its current form, the bill would make FGM a second degree felony punishable by a prison term of "at least" three years (ibid.).

3.3                Support Services

According to Sylvia Cudjoe, the justice system needs to be more responsive to issues of violence against women, particularly rape and domestic violence (Ghana Human Rights Quarterly Oct.-Dec. 1993d, 6). The police usually do not intervene in domestic disputes (Country Reports 1993 1994, 116), and such cases rarely reach the courts (ibid.; Delle 30 June 1994). Because domestic violence is considered a private matter, the efforts of women's organizations to encourage women to take legal action have met with little success (ibid.).

In addition to recommending gender-sensitive training for police, prosecutors and judges, Cudjoe believes cultural and religious beliefs and social inequities need to be challenged. "Until economic alternatives are available," says Cudjoe, "women will remain trapped within abusive relationships, therefore new options have to be created for women by developing their skills and training them in non-traditional higher paying occupations" (Ghana Human Rights Quarterly Oct.-Dec. 1993d, 6). Delle agrees, stating that because women are rarely able to support themselves let alone their children, they seldom leave abusive relationships (Delle 30 June 1994).

A non-governmental organization created about two years ago, the African Commission of Health and Human Rights Promoters operates the only clinic in Ghana providing free medical assistance and counselling to women suffering from domestic abuse and other problems (ibid.). The commission's director believes domestic violence is widespread, and states that between three and five women victims of domestic abuse arrive at the clinic each day. The commission also runs a shelter in Accra that provides temporary accommodation to 65 women and children, and provides health services and medical treatment to women and children in Tamale, Kumasi and the interior of the northern region [ The director finances the commission's operations himself, and pays the school fees of the residents' children. Because he currently receives no other funding and must rely on volunteers, Dr. Delle believes the future of the clinic is uncertain (30 June 1994).] (ibid.).

With respect to traditional practices, women's groups, human rights groups, youth associations, journalists and churches have been calling for the abolition of the trokosi system (Inter Press Service 22 Apr. 1994). The government's National Commission on Children and several NGOs have provided educational programs for enslaved girls, and there has been some success in substituting sacrificial animals in place of the girls (Country Reports 1993 1994, 117). According to Rev. Walter Primpong, executive director of International Needs Ghana, an NGO working with fetish girls in the Mafi traditional area, while most fetish priests feel the system should be modernized, "when it comes to action, they are not really interested" (Ghana Human Rights Quarterly Oct.-Dec. 1993a, 3).

Women's rights groups provide education, vocational training, legal aid and other programs in support of women's rights (Country Reports 1993 1994, 116). FIDA, the federation of women lawyers, recently translated the intestate succession law into six Ghanaian languages (West Africa 16 Jan. 1994a). Groups like the 31 December Women's Movement, led by First Lady Nana Konadu Agyemang Rawlings, have sponsored vocational centres to train women in income-generating skills (Inter Press Service 16 May 1994). The government has also been involved in promoting women's rights through public education programs, such as the campaign to discourage the practice of FGM (Country Reports 1993 1994, 116). The National Council for Women and Development, a government institution created to promote the advancement of women, has organized workshops and seminars to educate important and influential women about their rights and responsibilities (West Africa 16 Jan. 1994a). One source points to the fact that 16 women were elected to the 200-member parliament, and that there are three women ministers and three women deputy ministers, as evidence that the government's attitude toward women and women's rights is changing (ibid.).

4.      FURTHER CONSIDERATIONS

In a general overview of the human rights climate, the Ghana Committee on Human and People's Rights acknowledges the that transition to democracy has brought several positive changes to the Fourth Republic (African Topics Mar.-Apr. 1994, 13-14). However, the committee also states that:

Even though ... there has been fundamental change for the better especially in the legal framework, a lot is left to be done in the area of observance of fundamental human rights and freedoms. It should be borne in mind that after a little over a decade of dictatorial rule, fundamental human rights have just been reintroduced into our legal framework. The culture of fear still exists to some extent, and it will take time and education to ensure in Ghana fundamental human rights in its broadest sense (ibid., 13).

Professor Gyimah-Boadi also believes the achievements of the "controlled" transition to democracy have been extensive, but feels it is less clear whether the transition can continue in light of the precarious political and social foundation upon which it is based (Journal of Democracy Apr. 1994, 85). Gyimah-Boadi states that in order for the transition to work, there must be fair play and reconciliation among the various political groups, as well as a strengthening of "watchdog" institutions such as the press (ibid., 86). Kwesi Jonah, a senior lecturer in political science at the University of Ghana at Legon, is less optimistic about the transition to democracy. "In terms of personnel, policies and strategies, the Fourth Republic and the PNDC appear to most people as one and the same" (West Africa 16 Jan. 1994c). Another observer believes that after 11 years of military rule, it is still too early to make a final pronouncement on the new government's human rights accomplishments (West Africa 16 Jan. 1994b). For political pundits closely watching the democratic transition, one test the government of Ghana must pass before the next election is a genuine reform of the country's much criticized electoral commission and the compilation of new voters lists (Journal of Democracy Apr. 1994, 85; New African Feb. 1994).

For a continuing update on events in Ghana, including the treatment of political opposition and the press, please consult the REFINFO database and the Indexed Media Review (IMR).

REFERENCES

Adjetey, Peter. National Chairman, Human Rights Committee of the Ghana Bar Association. 29 June 1994. Telephone interview.

Africa News. 28 March 1994. Kassim Abdallah. "Journalists on Strike." (NEXIS)

Africa Today [Denver, Col.]. 1992. Vol. 39, No. 4. David Abdulai. "Rawlings 'Wins' Ghana's Presidential Elections: Establishing a New Constitutional Order."

African Topics [Enfield, UK]. March-April 1994. No. 2. "The Alternative Report: Excerpts from a Report Submitted by the Ghana Committee on Human and People's Rights."

Agence France Presse (AFP). 8 August 1994. "Tensions Persist in Northeast Ghana Despite End of State of Emergency." (NEXIS)

Agence France Presse (AFP). 3 March 1994. "Army Kills 11 in Northern Ghana Clashes." (NEXIS)

Agence France Presse (AFP). 17 February 1994. Bhimanto Suwastoyo. "La haine ethnique a fait plus de 1,000 morts en dix jours au Ghana." (NEXIS)

Agyeman-Duah, Baffour. 1994. "Global Transformations and Democratic Reforms in Ghana," Africa, Human Rights, and the Global System: The Political Economy of Human Rights in a Changing World. Edited by Eileen McCarthy-Arnolds et al. Westport, Conn.: Greenwood Press.

Akyea, Atta. Barrister at Law, Ghana. 1 July 1994. Telephone interview.

Amnesty International. 25 October 1993. Ghana: The First Executions since 1990. (AI Index: AFR 28/01/93). London: Amnesty International.

Country Reports on Human Rights Practices for 1993. 1994. United States Department of State. Washington, DC: United States Government Printing Office.

Daily Graphic [Accra]. 12 February 1994. Tim Dzamboe. "Four Women Subjected to Atrocities at Damanko."

Documentation-Réfugiés [Paris]. 1-14 March 1994. No. 237. "Dans les pays: Ghana."

Delle, Edmund. Director and Founder, African Commission of Health and Human Rights Promoters. 30 June 1994. Telephone interview.

Editor and Publisher. 1 January 1994. Leonard Sussman. "Press Freedom is Set Back Worldwide: More Nations Adopted Democratic Forms of Government, but Press Freedom Faced Significant Threats in 1993." (NEXIS)

Flanz, Gisbert H. March 1994. "Ghana," Constitutions of the Countries of the World. Edited by Albert P. Blaustein and Gisbert H. Flanz. Dobbs Ferry, NY: Oceana Publications.

Free Press [Accra]. 25 February-3 March 1994. "The Konkomba-Nanumba Bloodbath: The Crucial Lessons (Part Two)."

Free Press [Accra]. 18-24 February 1994. "The Konkomba-Nanumba Bloodbath: The Crucial Lessons (Part One)."

Ghana Broadcasting Corporation Radio Network [Accra, in English]. 29 March 1994a. "Government Urged to Protect Disarmed Group." (FBIS-AFR-94-063 1 Apr. 1994, pp. 26)

Ghana Broadcasting Corporation Radio Network [Accra, in English]. 29 March 1994b. "Commission Issues Report on Ethnic Conflict." (FBIS-AFR-94-063 1 Apr. 1994, p. 26-27)

Ghana Human Rights Quarterly [Accra]. October-December 1993a. Vol. 1, No. 4. "Slavery in Ghana."

Ghana Human Rights Quarterly [Accra]. October-December 1993b. Vol. 1, No. 4. "Media Commission Ready for Business."

Ghana Human Rights Quarterly [Accra]. October-December 1993c. Vol. 1, No. 4. "President Swears in Human Rights Commissioner, Two Deputies."

Ghana Human Rights Quarterly [Accra]. October-December 1993d. Vol. 1, No. 4. Sylvia Cudjoe. "Violence Against Women in Ghana."

Ghana Human Rights Quarterly [Accra]. October-December 1993e. Vol. 1, No. 4. "Supreme Court Gives Reasons for Judgement."

The Ghanaian Chronicle [Accra]. 28 February-2 March 1994. Pongtia Leb-Beingoh. "Of Guinea-Fowl Wars."

Inter Press Service. 20 May 1994. Edward Ameyibor. "Ghana-Women: Beginning of the End for Female Circumcision?" (NEXIS)

Inter Press Service. 16 May 1994. Edward Ameyibor. "Ghana-Children: Early Marriages Cause Alarm." (WEB)

Inter Press Service. 22 April 1994. Edward Ameyibor. "Ghana-Women: Tradition Trembles as Slave Girls Demand Freedom." (WEB)

Inter Press Service. 21 April 1994. "Ghana-Peace: Elections to Go Ahead." (WEB)

Inter Press Service. 11 April 1994. Anaclet Rwegayura. "Africa-Women: No End Yet to Circumcision." (NEXIS)

Inter Press Service. 29 March 1994. "Ghana-Peace: Frantic Moves to Stop Ethnic Violence." (DIRB Indexed Media Review [Ottawa], 29 Mar.-4 Apr. 1994, Vol. 7, No. 14)

Inter Press Service. 23 March 1994. Elvis Afum. "Ghana-Politics: Konkombas Accuse Army of Brutality." (DIRB Indexed Media Review [Ottawa], 22-28 Mar. 1994, Vol. 7, No. 13)

Inter Press Service. 16 February 1994. Eddie Ameyibor. "Ghana: Ethnic Killings Top 1,000." (DIRB Indexed Media Review [Ottawa], 15-21 Feb. 1994, Vol. 7, No. 8)

Inter Press Service. 10 February 1994. Edward Ameyibor. "Ghana-Politics: Ethnic Violence Erupts, Emergency Declared." (DIRB Indexed Media Review [Ottawa], 8-14 Feb. 1994, Vol. 7, No. 7)

Inter Press Service. 24 March 1993. "Ghana: University Closed Down Following Clashes." (DIRB Indexed Media Review [Ottawa], 23-29 Mar. 1993, Vol. 5, No. 14)

International Women's Rights Action Watch (IWRAW). August 1992. Arvonne Fraser and Miranda Kazantsis. CEDAW #11. Minneapolis: University of Minnesota.

Journal of Democracy [Baltimore, Md.]. April 1994. Vol. 5, No. 2. E. Gyimah-Boadi. "Ghana's Uncertain Political Opening."

La Presse [Montréal]. 17 February 1994. "Le Ghana vit de violents affrontements entre tribus." (DIRB Indexed Media Review [Ottawa], 15-21 Feb. 1994, Vol. 7, No. 8)

New African [London]. February 1994. Steven Larbi and Baffour Ankomah. "Voices of Ghana." (DIRB Indexed Media Review [Ottawa], 8-14 Feb. 1994, Vol. 7, No. 7)

New African [London]. January 1994. Baffour Ankomah and Steven Larbi. "Rawlings Charms the Opposition." (DIRB Indexed Media Review [Ottawa], 4-10 Jan. 1994, Vol. 7, No. 2)

New African [London]. September 1993. "Rawlings Struggle with Ghana Media." (DIRB Indexed Media Review [Ottawa], 7-13 Sept. 1993, Vol. 6, No. 11)

New Patriotic Party (NPP). 1993. The Stolen Verdict: Ghana: November 1992 Presidential Election. Accra: New Patriotic Party.

News from Africa Watch [New York]. 31 January 1992. Vol. 4, No. 1. "Ghana: Revolutionary Injustice: Abuse of the Legal System Under the PNDC Government."

Reuters. 9 June 1994. BC Cycle. "Ghana's Warring Tribes Sign Peace Pact." (NEXIS)

Reuters. 12 May 1994. BC Cycle. "Mystery Attackers Foul Ghana Newspaper Office." (NEXIS)

Reuters. 22 April 1994. BC Cycle. Nicholas Kotch. "Landless Ghanaian Tribe Sparks Bloody Turf War." (DIRB Indexed Media Review [Ottawa], 19-25 Apr. 1994, Vol. 7, No. 17)

Reuters. 14 February 1994. BC Cycle. Harry Mouzalas. "More than 500 Killed in Ghana Fighting." (DIRB Indexed Media Review [Ottawa], 8-14 Feb. 1994, Vol. 7, No. 7)

United Nations. 1994. (ST/HR/4/Rev.9). International Instruments: Chart of Ratifications as at 31 December 1993. New York: United Nations.

United Nations. Committee on the Elimination of all forms of Discrimination against Women (CEDAW). 5 July 1991. (CEDAW/C/GHA/1-3). Consideration of Reports Submitted by States Parties under Article 18 of the Convention: Ghana.

West Africa [London]. 24 April 1994. "Circumcision 'Ban'." (DIRB Indexed Media Review [Ottawa], 15-25 Apr. 1994, Vol. 7, No. 17)

West Africa [London]. 16 January 1994a. Audrey Gadzekpo. "Equal Rights: How Women Have Fared." (DIRB Indexed Media Review [Ottawa], 11-17 Jan. 1994, Vol. 7, No. 3)

West Africa [London]. 16 January 1994b. Kweku Baako Jnr. "Human Rights: A Conflict of Interests." (DIRB Indexed Media Review [Ottawa], 11-17 Jan. 1994, Vol. 7, No. 3)

West Africa [London]. 16 January 1994c. Kwesi Jonah. "Multipartyism: Continuity in Politics." (DIRB Indexed Media Review [Ottawa], 11-17 Jan. 1994, Vol. 7, No. 3)

West Africa [London]. 22 August 1993. Daniel Andoh. "NPP's Happy Hour." (DIRB Indexed Media Review [Ottawa], 17-23 Aug. 1993, Vol. 6, No. 8)

West Africa [London]. 15 August 1993. "Journalists Intimidated." (DIRB Indexed Media Review [Ottawa], 10-16 Aug. 1993, Vol. 6, No. 7)

West Africa [London]. 1 August 1993. "Ghana: MPs Rap Newspaper." (DIRB Indexed Media Review [Ottawa], 27 July-2 Aug. 1993, Vol. 6, No. 5)

WIN News [Lexington, Mass.]. Summer 1993. Vol. 19, No. 3. "Estimate: Total Number of Girls and Women Mutilated in Africa."

The Xinhua General Overseas News Service. 24 March 1994. "Ghana Appeals for Aid for Conflict Victims." (DIRB Indexed Media Review [Ottawa], 22-28 Mar. 1994, Vol. 7, No. 13)

The Xinhua General Overseas News Service. 21 March 1994. "Warring Factions in Ghana Surrender Weapons." (DIRB Indexed Media Review [Ottawa], 15-21 Mar. 1994, Vol. 7, No. 12)