Country correspondent: EVO Dankwa; LLB (Ghana), BCL (Oxford), LLM, JSD (Yale); Associate Professor, University of Ghana; member of the African Commission on Human and Peoples' Rights
(1) BASIC FACTS
Independence,: 6 March 1957, former British colony of the Gold Coast Leader: John Kufuor, born 1938, president since January 2000 Capital: Accra (international airport) . Other major cities: Kumasi, Tamale, Sekondi-Takoradi (seaport) Area: 239 460 km2 Population: 18,3 mn (1997) Population growth: 2,9% Urbanisation: 36% (1995) Languages: English (official), Asante, Fante, Ewe, Twi, Ga, Dagomba, Fulani, Hausa HDl rank: 119 (1999) Life expectancy at birth: 56 years ( 1999) Adult literacy rate: 70% ( 1999) Gross enrolment ratio (all educational le vels): 42% (1999) GNP: $6.7 bn GNPlcapita: $390 (1995) GDP (average annualgrowth rate): 4,3% (1990-95) Foreign debt: $5 874 mn (1995); as % of GNP: 87% Development, aid: $591 mn (1995); as % of GNP: 1 1 % Currency: Cedi (C )
Comments: Economic decline experienced since 1983 has been turned around to moderate growth through structural adjustment programmes guided by the World Bank and the IMF. Gold has overtaken cocoa as the principal export. Following the lifting of restrictions on political parties in May 1992, the military established a political party, the National Democratic Congress (NDC), and the military head of state, Jerry Rawlings, became its presidential candidate. Although less than half of the electorate voted in the presidential election on 3 November 1992, 58% supported Rawlings. As the main opposition parties boycotted the National Assembly elections on 29 December, the NDC obtained an overwhelming majority of seats. There was a 77% turnout of voters in the presidential and legislative elections of December 1996, which saw both Rawlings and the NDC being re- elected to office. When in December 2000, Rawlings retired, John Kufuor of the National People's Party (NPP) won the presidential election. The NPP gained a comfortable majority at the National Assembly elections. It was the first time in the constitutional history of Ghana that there had been a change of government from one political party to another.
(2) COUNTRY REPORT
Historical background
The legal history of Ghana is divided into customary (pre-colonial), colonial and post-colonial eras. There were communities in the geographical entities now known as Ghana before the birth of Christ. Customary law was the law of this era.
It is tempting to date the colonial era from 1821 when the British Crown took over the British settlements on what was then known as the Gold Coast. But long before 1821, various European nations, including the Dutch, had built forts and established other points of contact with the coastal communities in Ghana, resulting in considerable European impact on the latter. For example, after the Dutch had captured the Portuguese fort of Saint Anthony at Axim in 1642, they entered into an "agreement" with the people of Axim that all cases were to be submitted to a court presided over by the Dutch governor in Axim.
In 1874 the Gold Coast became a colony under British rule.
Ghana, under the leadership of Dr Kwame Nkrumah and his Convention People's Party (CPP), gained its independence from Britain on 6 March 1957 with the British monarch represented by a Governor-General as the head of state.
On 1 July 1960 Ghana declared itself a Republican state with Dr Kwame Nkrumah as head of government and state. From 1962 to February 1966, Ghana was a one-party state.
On 24 February 1966 the armed forces of Ghana led by Col EK Kotoka, in conjunction with the Ghanaian police led by Mr JWK Harley, overthrew the CPP civilian administration of Dr Kwame Nkrumah in a bloody coup d'etat. A proclamation made after the coup established the National Liberation Council (NLC) as the Government of Ghana, under the leadership of Lt-Gen JA Ankrah, a former commander of the Ghanaian army and Chief of Staff of the armed forces.
The NLC, in which were vested both the legislative and executive powers of the state, ruled Ghana until September 1969 when it, under the leadership of Lt-Gen AA Afrifa (one of the architects of the 1966 coup d'etat) handed over power to the Progress Party, which had won a general election under the leadership of Dr KA Busia. Almost all the leaders of the CPP had been disqualified from contesting the elections.
Dr Busia's government was shortlived, for on 13 January 1972 Col IK Acheampong led a military insurrection which resulted in the overthrow of the second republican government and the establishment of the second military regime which was named the National Redemption Council (NRC). The NRC was reconstituted as the Supreme Military Council (SMC) in 1976. A palace coup in 1978 ousted General (as he had then become) Acheampong and installed Lt-Gen FWK Akuffo as head of state and government.
The SMC government of Lt-Gen Akuffo was overthrown in an uprising by junior officers and other ranks of the armed forces on 4 June 1979. The army commander and at least one senior army officer were killed in the uprising which brought to power Flt-Lt JJ Rawlings as Chairman of a new military regime, the Armed Forces Revolutionary Council (AFRC). It ruled for barely 3 months and handed over power to Dr Hilla Limann and his People's National Party, which had won a general election. Before the handover, 3 former heads of state and government - Generals Afrifa, Acheampong and Akuffo - as well as other members of former military regimes were executed after trials by bodies appointed by the AFRC.
As in the case of the second republic, the third republican government lasted for two and a half years. It was overthrown in a coup d'etat led by Flt-Lt JJ Rawlings on 31 December 1981. Flt-Lt Rawlings' second government was established by proclamation as the Provisional National Defence Council (PNDC).
Rawlings' National Democratic Congress (NDC) won the national elections organised in November 1992 and on 7 January 1993 formed the first government of the fourth republic. Flt-Lt JJ Rawlings, who was the presidential candidate of the NDC, thus continued to be head of state and government. Expressing grave dissatisfaction with the conduct of the presidential