In his recent appearance before the 11-member Committee set up by the Ministry of Employment and Social Welfare on the cases of abuse, neglect and deaths which he recently uncovered in the Osu Children’s Home, The New Crusading GUIDE’s ace investigative journalist Anas Aremeyaw Anas brought forth new revelations which were not captured in his 90-minute investigative television documentary that was aired publicly.

Anas, who appeared before the committee with his face covered (for security reasons), pointed out that a Guest House at the Home serves as a prostitution joint for members of the public who bring in prostitutes for sex, a situation which does not augur well for the upbringing of the children. “People openly bring prostitutes into the Guest house and in the morning after sleeping with them, they hold them in their skimpy dresses and pass in front of the children. As a result of this, the children have on many occasions found condoms around the Home, which normally come from the Guest House”, Anas stated. He mentioned other cases of staff apartments being rented out to members of the public; teenage girls of the Home being picked at night by their boyfriends on a regular basis. The undercover reporter went ahead to tell the Committee that he and his hidden cameras are still within the walls of the Osu Children’s Home and things have not changed in any significant way. “As I speak, I am still in the Osu Children’s Home, and I am sorry to say that things have not changed in any way. Akuamoah is still beating the children and the same caregivers caught abusing the children are still there, making frantic efforts to indoctrinate the children into not speaking the truth as revealed in the documentary. Some of the children are complying, but many others would be willing to talk provided it was done in an atmosphere of genuine love and trust”, he told the Committee. On the cases presented in the 90-minute documentary, Anas told the Chairman and members of the Committee that he had since been contacted by many volunteers who had worked within the Osu Children’s Home over the years as well as some individuals who had witnessed the reported cases firsthand and were willing to appear before the committee to share their experiences. “Most of them want to testify without any risk of being victimized or losing their connection with the children within the Home”, he said. Anas also promised to provide the Committee with the identities of some individuals who live within the Osu Children’s Home and are willing to testify before the committee provided they are assured of the needed confidentiality. Also, a group of volunteers who have served within the Osu Children’s Home over the years have created a platform on the social networking site, FACEBOOK to share their experiences at the Home and garner support towards improved conditions at the Home. Created under the name, “Help Change Barbaric Conditions at Osu Children’s Home”, this platform currently has some 432 members who have joined the cause to call for an improvement in the standard of living for children in the Osu Children’s Home. Among these volunteers, many people have shared harrowing experiences they witnessed at the Home and many more have expressed their willingness to help the committee when called upon. They have also posted videos and pictures on the website, which they took while volunteering in the Home. Currently, some of the volunteers residing in Ghana have expressed their readiness to appear before the committee. They have also called for the Committee’s intervention on the current situation where most volunteers are being victimized by authorities of the Home and being accused of leaking information of abuse at the Home to Anas Aremeyaw Anas. They have noted that as a result of this, all volunteers have been asked not to step foot at the Home again, denying them an opportunity to share their time and gifts with the children; the reason for which they came to Ghana. “It is a waste of time. If I knew I would pay my airfare to come and help children in the Home, only to be denied access, I would have gone to Kenya or to Ethiopia to serve the children there”, said one of the volunteers under anonymity. On his part, Antwi-Boasiako Sekyere, Deputy Minister of Employment and Social Welfare who doubles as chairman of the Committee, stated the Committee’s commitment to ensure that the whole process was conducted in a very fair and transparent manner. “I want to assure you that we would welcome anybody who has anything to add on this matter and promise them the needed confidentiality”. The chairman also called on the general public and stakeholders to submit recommendations aimed at assisting in caring and protecting children from harm at such orphanages to promote their normal growth and development into responsible adulthood. He said the Committee would hold two public hearings on Thursday, September 23 and Thursday, September 30 at the Media centre at the Accra Sports stadium. Meanwhile, The New Crusading GUIDE has filed a petition to the Commission for Human Rights and Administrative Justice (CHRAJ) through its legal counsel, Ken Attafuah Law Place. The petition, filed on behalf of the newspaper and the scores of children in the Osu Children’s Home as well as the Remand Home, requested CHRAJ to “investigate its allegations of violations of the fundamental rights of children, abuse of power and corruption at the Osu Children’s Home and the Osu Remand Home, both in Accra”.
See Below For The Full Petition Sent On Behalf Of The New Crusading GUIDE By Ken Attafuah Law Place Legal Practitioners, Kesewaa Chambers
September 14, 2010
THE COMMISSIONER COMMISSION ON HUMAN RIGHTS & ADMINISTRATIVE JUSTICE (CHRAJ) CHRAJ HEADQUARTERS HIGH STREET ACCRA
Dear Sir,
COMPLAINT OF HUMAN RIGHTS ABUSES AT OSU CHILDREN’S HOME AND OSU REMAND HOME
We act as counsel for and on behalf of The New Crusading Guide Newspaper.
We hold the instructions of our client to formally complain to you about, and to request that you investigate its allegations of, violations of the fundamental human rights of children, abuse of power and corruption at the Osu Children’s Home and the Osu Remand Home, both in Accra.
Our client makes this complaint on its own behalf as a corporate citizen of Ghana with an enduring interest in the protection of children’s rights. Our client also makes the complaint on behalf of the scores of children in the two homes – children who are not in a position to file a complaint on their own behalf. It is our client’s instruction that the children in these homes constitute a captive population and/or detainees, and most of them are either illiterate or are simply incapable of filing a complaint as a result of mental incompetence and/or lack of awareness of their basic rights. Accordingly, this complaint is filed pursuant to Section 2(2) of the Commission on Human Rights and Administrative Justice (Investigations Procedure) Regulations (2010), Constitutional Instrument No. 67.
A. Evidence of Violations
The evidentiary bases of our client’s allegations are derived from the results of a seven-month undercover investigation conducted by its ace investigative journalist, Anas Aremeyaw Anas, at the two homes for the care of children in distress or in conflict with the law. Some of the highlights of the results of the said investigation were captured in a 90-minute television documentary publicly aired on September 1, 2010. On behalf of our client, we hereby enclose for your kind attention and perusal a CD-Rom copy of the said documentary.
Osu Children’s Home
Our client specifically alleges the following violations by the under-listed respondents against children at the Osu Children’s Home: 1. Subjection of children to torture or other cruel, inhuman or degrading treatment or punishment, contrary to Article 28(3) of the Constitution of the Fourth Republic of Ghana (1992) and Section 13(1) of the Children’s Act (1998) (Act 560). This includes:
a. Undignified, abusive and discriminatory treatment of children with mental and physical disabilities, contrary to Article 15(1) of the 1992 Constitution and Section 10 of Act 560; and b. Subjection of some children to corporal punishment;
2. Physical, verbal and emotional abuse of some children;
3. Deprivation of food to some children as punishment;
4. Abuse of power contrary to Article 218(a) of the Constitution;
5. Deprivation of medical care to some sick children, leading to the death of one child;
6. Maintenance of inhuman and inhospitable living conditions that endanger the health and lives of inmates; and
7. Corruption, including the unlawful sharing and appropriation of food donations and other items meant for the upkeep of the children, contrary to Article 218(a) of the Constitution.
Osu Remand Home
Our client also alleges that the following human rights violations were perpetrated against children at the Boys’ Unit of the Osu Remand Home:
1. Physical abuse of inmates;
2. Solitary confinement of some children; and
3. Maintenance of inhuman and inhospitable living conditions that endanger the health and lives of inmates.
B. Respondents
The said homes are under the Department of Social Welfare – an agency of state under the Ministry of Employment and Social Welfare. This complaint is made against the following specific persons as respondents:
1. The Ministry of Employment and Social Welfare; 2. Hon, E. T. Mensah, Minister, Ministry of Employment and Social Welfare; 3. The Department of Social Welfare 4. Mr. Stephen Adongo, Director, Department of Social Welfare; 5. Mrs. Sharon Abbey, Manageress, Osu Children’s Home; 6. Auntie Evelyn (full name unknown), Care Giver, Osu Children’s Home 7. Grace Ohene, Care Giver; Osu Children’s Home 8. Gladys Nartey; Care Giver, Osu Children’s Home 9. Florence Adams; Care Giver, Osu Children’s Home and 10. Mr. Akuamoah Boateng, 21-year old in-mate, Osu Children’s Home 11. Mr. Amankwah, Supervisor, Boys’ Unit, Osu Remand Home
C. Liability for Violations and Abuses
Evidently, responsibility for the violations outlined above and detailed on the CD-ROM varies among the above-named respondents as follows:
a. The Ministry of Employment and Social Welfare, the Minister of Employment and Social Welfare, the Department of Social Welfare, and the Director of the Department of Social Welfare bear overall responsibility for policy development and implementation, as well as the resourcing of the homes for their safe and efficient care and maintenance, including the general duty to ensure the wellbeing of the inmates and staff. They were negligent in their duty to prevent the abuses and the existence of inhuman conditions at the homes. They jointly and severally bear vicarious liability for the impugned conduct and the maintenance of the inhuman conditions in the homes.
b. The Manageress of the Osu Children’s Home is responsible for the day-to-day running of the home, including supervision and monitoring of staff to ensure compliance with established standards of care, maintenance of a safe and congenial environment in the home, and provision of the basic necessities of life, including food, clothing and shelter in dignity and respect. She bears direct and vicarious liability for the violations.
c. Each member of staff – Grace Ohene, Gladys Nartey and Florence Adams – bears direct responsibility for the performance of their assigned duties and roles which includes, most fundamentally, the provision of care to the children in a manner that respects the rights of the children as human beings at all times and ensures that the best interests of the children remain paramount in all decisions and actions affecting them. They bear direct responsibility for the violations.
d. Mr. Akuamoah Boateng is a 21-year old man. He is an “overgrown inmate” who renders gratuitous assistance to the caregivers at the Osu Children’s Home in preparing the kids for school and supervising them generally. He physically and verbally abuses the kids at will. He is no longer a child, and must be sanctioned and removed from the home.
e. Mr. Amankwah personally subjected some of the boys at the Osu Remand Home to a regime of physical abuse and corporal punishment. He must be held personally liable for the human rights violations that occurred at the Unit.
D. Reliefs Sought
The following constitute the remedies our client seeks through the pursuit of this complaint:
1. An order compelling the respondents to cease and desist from the violations and abuses complained of, and to refrain from violating and abusing the rights of other children under their care;
2. An order for the discontinuation of any and all practices that infringe on the rights of children at the homes as described above;
3. An order to the appropriate authorities to sanction and remove from office the following persons for abusing or facilitating the abuse of the rights of children in the two homes:
a. Mr. Stephen Adongo, Director, Department of Social Welfare; b. Mrs. Sharon Abbey, Manageress, Osu Children’s Home; c. Mr. Amankwah, Supervisor, Boys’ Unit, Osu Remand Home; d. Ms. Auntie Evelyn, Care Giver, Osu Children’s Home; e. Ms. Grace Ohene, Care Giver; Osu Children’s Home; f. Ms. Gladys Nartey; Care Giver, Osu Children’s Home; g. Ms. Florence Adams; Care Giver, Osu Children’s Home; and h. Mr. Akuamoah Boateng, 21-year old in-mate, Osu Children’s Home
4. An order compelling the authorities at the Osu Children’s Home to account for all revenues and donations received over the past three years.
5. An order to the Ministry of Employment and Social Welfare and the Department of Social Welfare to establish a rigorous regime of policies and procedures to ensure compliance with the relevant constitutional provisions on children’s rights and the applicable provisions of the Act 560;
6. An order compelling the Director of the Department of Social Welfare to publish and file with CHRAJ annually a report on its operations with special reference to the observance of fundamental human rights in the homes, including measures taken to ensure respect for the rights of children with physical and/or mental disabilities or other special needs;
7. An order to the Department of Social Welfare to cause to be included in the training programme at the School of Social Welfare a comprehensive examinable course of instruction in such areas as: (a) Principles of Human Rights, Justice and Democracy in Places of Detention; (b) Implementing Human Rights Principles in Special Homes and Detention Centers, (c) Caring for Children with Special Needs; and (d) Challenges in Contemporary Social Work Practice in Ghana.
We firmly assure you, Sir, of our readiness to fully assist you to undertake, in respect of this complaint, the kind of thorough investigations for which the CHRAJ is well known.
Yours truly,
Prof. Kenneth Agyeman Attafuah Managing Solicitor
cc: Mr. Kweku Baako, Jnr., Editor-in-Chief and Publisher, The New Crusading Guide