CHRAJ celebrate Human Rights day

Accra, Dec. 03, GNA - The Commission for Human Rights and Administrative (CHRAJ) on Monday initiated activities to mark Human Rights Day in Ghana scheduled for December 10.

It is a day when people throughout the world acknowledge the Universal Declaration of Human Rights, adopted by the United Nations General Assembly on June 10, 1948.

In a statement to Ghana News Agency in Accra signed by Ms. Comfort Akosua Edu, Head of Public Relations, CHRAJ explained that the Day provides an opportunity for human rights institutions to re-affirm their decisions and develop new strategies to advance human rights in the world.

On December 10, 1948, the United Nations General Assembly adopted the Universal Declaration of Human Rights which states among other things that, all human beings are born free and equal in dignity and rights.

Everyone has the right to life, freedom and safety from harm; No one shall be a slave or suffer torture; Everyone shall have equal recognition and protection under law, and the right to a fair and public trial. Everyone is entitled to freely hold and express his or her own beliefs and opinions; Everyone has the right to participate in the political and cultural life of society and to take part in the fair and democratic government of his or her country.

Men and women of full age have the right to marry and make a family but only with the free and full consent of both partners; Marriage, motherhood and all children are entitled to protection by society. Everyone is entitled to an adequate standard of living, to education, to work for a fair wage and to own property.

The statement said in order to protect and promote all human rights around the world, the United Nations established the Office of the United Nations High Commissioner for Human Rights (OHCHR). Focusing on Ghana, Ms Edu said CHRAJ, is the key institution that is responsible for promoting and protecting human rights. The CHRAJ Act (Act 456) on July 6, 1993 enacted by Parliament, pursuant to Article 216 of Ghana's Fourth Republican Constitution established the Commission which was inaugurated in October 1993. The Commission, which works in close collaboration with its partners, especially Human Rights NGOs, designs activities to enlist the support of Ghanaians in protecting and advancing human rights. These activities have immense educational value which sensitize and heighten awareness of people on human rights issues in the country. Being an independent institution, the CHRAJ blends three governance institutions under one umbrella namely, a National Human Rights Institution (NHRI), an Ombudsman and an Anti-Corruption Agency. She said under the 1992 Constitution, the Commission has the Human Rights Mandate to investigate complaints of violations of fundamental rights and freedoms, injustice, corruption, abuse of power and unfair treatment of any person by a public officer in the exercise of his or her official duties.

It also has the power to investigate complaints with regards to practices and actions by persons, private enterprises and other institutions where those complaints allege violations of fundamental human rights and freedoms under the Constitution. With respect to the Ombudsman, an expediting Committee was established in 1966 responsible for investigating complaints from the public against public officers as well as receiving complaints of victimization within the public service.

This Committee was replaced with the Ombudsman Act of 1970 (Act 340) which provided for appointment of an Ombudsman to investigate administrative decisions and acts of officials of Government and its agencies.

In 1980, the office of Ombudsman was established following promulgation of the Ombudsman Act of 1980. Then in 1993, the CHRAJ Act (Act 456) gave the Commission the mandate, among other things to investigate complaints concerning the functioning of the Public Services Commission, the Administrative Organs of the State, the Armed Forces, the Police Service and the Prison Service in so far as the complaints relate to the failure to achieve a balanced structuring system. CHRAJ noted that in addition, the Commission's enabling Act gives it the authority to investigate instances of alleged or suspected corruption and misappropriation of public funds by officials and take appropriate steps, including reports to the Attorney General and Auditor General concerning results from such investigations.

"CHRAJ has the power to make recommendations for corrective action and also to take action in court to enforce its recommendations if they are not complied with within three months," Ms Edu explained. Although the 1992 Constitution and the Act are silent on the kinds of remedies to grant to successful complainants, Article 229 states that, the Commissioner may seek any remedy which may be available from court.

Thus the Commission grants remedies it deems appropriate. Other methods which the Commission uses in complaints resolution are through negotiation, mediation and panel hearings.

As a National Human Rights Institution, CHRAJ cannot investigate a matter which is pending before a court or a judicial tribunal, a matter involving the relations or dealings between the Government and any other governments or an international organization, or a matter relating to the exercise of the prerogative of mercy.

However, the Commission has the power to issue subpoenas requiring any person to appear before it and also the power to require the production of any document or record which is relevant to a matter under investigation by the Commission.

Any person who fails to respond to a subpoena risks prosecution for contempt before a competent court. The Commissioner or any public officer authorized by him may enter premises to carry out investigations that are within its jurisdiction.

The Commission uses its discretion in accordance with s.13 of Act 456 to refuse to investigate any complaint when law or administrative practice afford an adequate remedy for it, when the complainant knew about the decision, recommendation, act or omission complained of for more than 12 months before lodging his or her complaint, and when the subject matter of the complaint is trivial.

It can also refuse to investigate complaints when the complaint is frivolous or vexatious, when the complaint is not made in good faith and when the complainant does not have sufficient personal interest in the subject matter of the complaint. The Commission may also cease investigations for most of the above reasons.

In consonance with the vision of the CHRAJ which seeks to create free, just and equitable society where human rights and human dignity are respected and duly protected, and also where power is accountable and government transparent, the Commission plays a leading role in the fight against human rights violations and corruption in Ghana, hence the introduction of the Guidelines on Conflict of Interest which has the potential of being the basis of an enactment to guide all public servants.

By its solid track record, the Commission has a positive image overseas and at home yet it believes that there is still a long way to go in entrenching a culture of human rights and peace in the country. The Commission, as part of its Human Rights Week activities, will issue its Annual State of Human Rights Report to ascertain the status of human rights in the country. Its theme for the week-long activities which is in connection with the Ghana at 50 celebrations is: "Human Rights and Social Justice: Have we come of age?".

Next year would mark the 60th Anniversary of the Universal Declaration of Human Rights (UDHR). The theme for the 2007 UN Human Rights Day and throughout the anniversary year is "Dignity and Justice for all of us". Activities to be undertaken during the year by UN entities, National Human Rights Institutions (NHRI), Non-Governmental Organizations (NGOs) and Human Rights Activists would greatly contribute toward the realization of the human rights and freedoms set out in the Universal Declaration of Human Rights.