Challenges to the Concept of Human Rights in Ghanaian Society

A GNA Feature by Samuel Akapule

Bolgatanga, Dec.11, GNA - There is no doubt that if properly adhered to, human rights play a significant role in ensuring the practicability of freedom, justice and peace in the world. In other words, human rights form the backbone of every democratic process. Democracy can only become practicable in an environment where there is respect for human rights and individual freedom, political and religious tolerance.

The concept of human rights holds that everyone is entitled to the conditions necessary for a decent life. Simply put human rights are those basic entitlements that protect one's ability to satisfy his or her basic needs with dignity and respect.

Fundamental human rights among other things are the right to life, personal liberty, women's rights, children's rights, freedom of expression, movement and association, and the right to a fair trial. The 1992 Constitution charges the three arms of government - Legislature, Executive and Judiciary - as well as Public Officers and Institutions to respect and uphold the concept of human rights. Article 13(1) of the Constitution provides that nobody may be deprived of his or her life intentionally unless under special conditions such as self- defence and defence of property. In other words no person 's life can be taken away without the due process of the law.

However, there are many instances where people have lost their lives under arbitrary situations. For instance, many people have lost their lives through lynching and mob actions. These victims include women, who are accused of witchcraft. Suspected thieves are also sometimes lynched or beaten to death by a mob. These actions are a contradiction of the concept of human rights.

Article 14 (2) of the Constitution stipulates that a person who is arrested or detained shall immediately be informed in a language that he or she understands, the reason for the arrest. He or she also has the right to an attorney or lawyer of his choice and to a defence for that matter.

The Constitution further indicates that under no circumstance should a person be detained beyond 48 hours without trial. However, a research work made available at the Commission of Human Rights and Administrative Justice (CHRAJ) indicates that there are several instances where people are arrested and detained beyond 48 hours without trial.

There are instances, especially in the rural communities, where suspects are kept in remand for several weeks or days without trail. As a result of the stark ignorance and the high illiteracy rates in such areas, most people are not aware they have the right to solicit for a lawyer upon arrest. Poverty is a hindrance to suspects availing themselves of the services of lawyers.

Additionally, most Lawyers are resident in the urban towns making it difficult if not impossible for the masses that live in the rural areas, to engage their services.

The right to human dignity is the foundation of all human rights. Article 15 (1) of the Constitution provides that the dignity of all persons shall be inviolable. It states further that no person shall be subjected to inhuman treatment or a condition likely to erode one's dignity and worth as a human being.

In spite of all these provisions, there are instances where it is often alleged that the law enforcement agencies beat up suspects upon arrest. The Media carry reports that urge political leaders to intervene and release either nursing mothers or pregnant women from prison. There is the need for both civilians and the law enforcement agencies to respect human dignity.

Article 19 of the Constitution indicates that a person charged with a criminal offence shall be given a fair trial.

It must be pointed out that as a matter of fact, the right to a fair trial is beyond the reach of many Ghanaians due to ignorance of the law and low level of education, inadequate number of lawyers in the districts and lack of accessibility because of fees charged by lawyers. Moreover the delay of trials and keeping suspects in custody for long periods, coupled with poor Police investigations sometimes lead to the miscarriage of justice.

Article 26 (1) of the Constitution entitles every person to freedom of movement, and of association with religious bodies and political parties. Furthermore the Constitution prohibits customary practices, which are dehumanizing or injurious to the physical and the mental well-being of any person. In practice, however, even though cultural practices such the Female Genital Mutilation (FGM), the "Trokosi" system and widowhood rights are frowned upon by society, they are being practised in many communities. The witches' camps at Gambaga are another example.

In all these instances, the victims of freedom of association, movement and freedom to engage in economic activities are curtailed. To rectify the problem and to restore law, order and human rights in Ghanaian Society, there is the need to provide the Judicial System with more Judges and lawyers to handle cases at the regional, district and community levels.

Besides, there should be intensive public education on cultural practices regarded as dehumanizing and injurious to women and children, notably the trokosi system, FGM, widowhood rights and early marriages. Legislation on rape and defilement should be effectively implemented with sex offenders made to face the full rigours of the law. Efforts should be made to include human rights education in the school curriculum, especially in the junior and the senior secondary schools, to help to develop the culture of respect for fundamental human rights.

The need to further deepen and consolidate Ghana's young democracy is worth emphasizing. It requires all to recognize and appreciate the importance of core democratic institutions and to ensure that they function effectively and efficiently. Only then can law, order and human rights on a sustainable basis in Ghanaian Society could be achieved.