United Nations A/HRC/WG.6/28/GHA/1 General Assembly Distr.: General 25 August 2017 Original: English Human Rights Council Working Group on the Universal Periodic Review Twenty-eighth session 6–17 November 2017 National report submitted in accordance with paragraph 5 of the annex to Human Rights Council resolution 16/21* Ghana * The present document has been reproduced as received. Its content does not imply the expression of any opinion whatsoever on the part of the Secretariat of the United Nations. GE.17-14750(E) A/HRC/WG.6/28/GHA/1 I. Methodology 1. After the second Universal Periodic Review (UPR) cycle in October 2012, Ghana accepted 123 of the recommendations and rejected 25. Ghana has fully and or partially implemented some of the recommendations. Some of the recommendations are in the process of being implemented. This report focuses on progress made in the implementation of the recommendations which were accepted by Ghana at the second cycle of the UPR. The report is based on the recommendations and the subtitles are tailored on the recommendations. 2. In drafting this report, the guidelines contained in decision 17/119 of the Human Rights Council were closely followed. 3. Ghana is yet to set up a standing coordinating body for the implementation of recommendations and reporting. A draft roadmap has been prepared (for adoption) for the implementation of recommendations and to also establish the standing coordinating body. Nevertheless, an ad hoc working group made up of various Government institutions was inaugurated to collate the report. 4. Like the first and second UPR cycles, this national report was prepared by the Office of the Attorney General and Ministry of Justice after a broad consultative process involving Government Ministries, Departments and Agencies (MDAs) such as the Ministries of Foreign Affairs and Regional Integration, Health, Gender Children and Social Protection, Education, Employment and Labour Relations, Lands and Natural Resources, the Police Service, the Prisons Service and the Judicial Service. Others include the Ghana Aids Commission (GAC), the Commission for Human Rights and Administrative Justice (CHRAJ) and the Births and Deaths Registry. 5. The United Nations (UN) Resident Coordinator for Ghana, Ms. Evans-Klock organized two broad consultative meetings with the Office of the Attorney General. The first meeting involved representatives of the various UN agencies and the second meeting was attended by various human rights Civil Society Organizations (CSOs). Representatives present at these two meetings made valuable inputs and comments to the report. II. Development since the second review Constitution – Review of the 1992 Constitution of the Republic of Ghana 6. The Government of Ghana after studying the recommendations of the Constitutional Review Commission (CRC), which was set up to review the Operation of the 1992 Constitution, issued a White Paper in October, 2012 and stated its position on the recommendations. Subsequently, the Government set up a Constitution Review Implementation Committee (CRIC) in October 2012 to implement the recommendations, which fall into two categories, those that require referenda and those that do not. 7. However, in July 2014 a court action was instituted against Government in the Supreme Court of Ghana challenging the constitutionality of the work of CRC. The court action stalled the work of the CRC until judgment was delivered in favour of the State in October 2015. The recommendations of the CRC are yet to be implemented. 8. On Death Penalty, Cabinet granted approval for its abolition on 24th April, 2014. This is an entrenched constitutional provision which requires a referendum for its repeal from Ghana’s statute books. 2 A/HRC/WG.6/28/GHA/1 The 2016 elections 9. Ghana is a constitutional democracy with a strong presidency and a unicameral 275- seat parliament. Ghana once again on the basis of her observance of human rights principles successfully undertook the 2016 elections peacefully, like the five previous presidential and parliamentary elections conducted under the 1992 Constitution of Ghana. Generally, the presidential and parliamentary elections conducted in December, 2016 were peaceful, transparent, inclusive and credible. The security services maintained law and order in the entire country. 10. There are no laws in Ghana that precludes women or minorities from voting, running for office, serving as electoral monitors, or otherwise participating in political life on the same basis as men or non-minority citizens. Women in Ghana however, held fewer leadership positions than men. The 2016 elections resulted in 37 women being elected to parliament. Presidential candidates included one woman and one physically challenged person. Convention against Torture and Other Cruel, Inhuman and Degrading Treatment or Punishment 11. Ghana ratified the Optional Protocol to the Convention against Torture and Other Cruel, Inhuman and Degrading Treatment or Punishment (OPCAT) on 24th June, 2016. Gender-based issues 12. A national End Child Marriage Project was launched in February, 2016 by the First Ladies of Africa in February, 2016. 13. Capitation Grant for Basic Education, Livelihood Empowerment Against Poverty (LEAP), School Feeding Programme, Free School Uniforms and Free Sandals have been introduced to increase access to and improve quality of education, reduce poverty and promote overall socio economic development. Rights of prisoners 14. Remand population of the Prison Service has reduced significantly as a result of the ‘Justice for All Programme’. Promotion of health service 15. Community – based Health and Planning Services (CHPS) system has been introduced to promote health services in remote communities of the country. Free education 16. Government will implement a Free Senior High School Education in September 2017 aimed at improving access to Secondary Education. 3 A/HRC/WG.6/28/GHA/1 III. Implementation of accepted recommendations A. Ratification of international conventions 17. Ghana ratified the three Optional Protocols to the Convention on the Rights of the Child (CRC) in December, 2016, namely the Optional Protocol on the Involvement of Children in Armed Conflict (OP-CRC-AC), the Optional Protocol on the Sale of Children and the Optional Protocol on Child Prostitution and Child Pornography (OP-CRC-SC). Even though Ghana signed on to the newest OP to CRC on Communications Procedure on 24th September, 2013, it is yet to ratify. 18. Ghana is yet to ratify the ILO Convention 189 (2011) concerning Decent Work for Domestic Workers. Ghana acceded to the Hague Convention on Protection of Children and Co-operation in Respect of Inter-country Adoption (the Hague Convention) and became the 98th Contracting Party to accede to the Convention. The Convention entered into force on 1st January, 2017. The Children’s (Amendment) Act, 2016 (Act 913) has incorporated Articles 18-20 of the Hague Convention. 19. Ghana ratified the Optional Protocol to the Convention against Torture and Other Cruel, Inhuman and Degrading Treatment or Punishment (OPCAT) on 24th June, 2016. B. Integrating international conventions into domestic law 20. Ghana subscribes to the dualist tradition in international law. Therefore, under Article 75 of the 1992 Constitution, an international convention has to be ratified by Parliament. This has been affirmed in the case of Republic v High Court (Comm. Div) Accra ex parte Attorney-General; NML Capital Ltd., the Republic of Argentina (No. J5/10/2013, 20th June 2013, pg 2). C. Strengthening of CHRAJ 21. Article 218 of the Constitution, 1992, gives the Commission on Human Rights and Administrative Justice (CHRAJ) the mandate to investigate complaints of violations of fundamental human rights and freedoms. 22. The Constitution Review Commission (CRC) has recommended the expansion of the current Commissioners from three to five to reflect the three mandates of CHRAJ and the creation of Commissioners responsible for special groups. 23. The CRC has recommended strengthening of the enforcement mandate of CHRAJ to render its decisions analogous to that of the courts. D. National Action Plan on human rights 24. CHRAJ is developing a National Human Rights Action Plan (NHRAP) to take into account the United Nations Development Agenda 2030. E. Non discrimination 25. Article 17 of the 1992 Constitution of Ghana provides that: (a) All persons shall be equal before the law; 4 A/HRC/WG.6/28/GHA/1 (b) A person shall not be discriminated against on grounds of gender, race, colour, ethnic origin, creed or social or economic status. 26. CHRAJ has developed and is implementing a Discrimination Reporting System (DRS) to address issues concerning stigma and discrimination suffered by vulnerable groups particularly people living with HIV and AIDS (PLHIV) and key populations. 27. Under the DRS being implemented by CHRAJ, the rights of persons based on their sexual orientation or gender identity are protected. These include protection against violence, access to healthcare, stigmatization and discrimination directed at such persons and etc. 28. The Ministry of Gender, Children and Social Protection (MoGCSP) has structures in place to ensure that all persons are not discriminated against. The Domestic Violence and Human Trafficking Secretariats, the Departments of Gender and Social Welfare and Child and Social Protection Programmes too ensure that women, children, persons with disabilities (PWDs), the vulnerable and excluded in society are protected and given