Press Statement at the Conclusion of the Promotion Mission of the African Commission on Human and Peoples’ Rights to the Republic of Ghana

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Press Statement at the Conclusion of the Promotion Mission of the African Commission on Human and Peoples’ Rights to the Republic of Ghana

Further to its mandate under Article 45 of the African Charter on Human and Peoples’ Rights (the African Charter) and following authorization by the Government of the Republic of Ghana (Ghana), a Delegation from the African Commission on Human and Peoples’ Rights (the Commission) undertook a Promotion Mission in Ghana from 29 September to 02 October 2025.

The Commission’s Delegation comprised:

Honourable Commissioner Janet Ramatoulie Sallah-Njie, Commissioner responsible for the promotion of human rights in Ghana, and Special Rapporteur on the Rights of Women in Africa;

Honourable Commissioner Solomon Ayele Dersso, Chairperson of the Working Group on Extractive Industries, Environment and Human Rights Violations;

Honourable Commissioner Hatem Essaiem, Chairperson of the Committee on the Prevention of Torture in Africa;

Honourable Commissioner Maria Teresa Manuela, Special Rapporteur on Prisons, Conditions of Detention and Policing in Africa; and

Honourable Commissioner Mudford Zachariah Mwandenga, Chairperson of the Working Group on Economic, Social and Cultural Rights.

The Promotion Mission was supported by staff from the Commission’s Secretariat.

The objectives of the mission included, inter alia: to promote the African Charter and other regional instruments and advocate for the ratification of outstanding human rights treaties; strengthen collaboration between the Commission and the Government of Ghana and raise the Commission’s visibility among national institutions and civil society; engage in dialogue on legislative and policy measures taken to implement the provisions of the African Charter; advocate for the timely submission of all overdue Periodic Reports under Article 62 of the African Charter, in addition to the initial Report on implementation of Protocol to the African Charter on Human and Peoples’ Rights on the Rights of Women in Africa (the Maputo Protocol); evaluate the implementation of the Maputo Protocol and discuss measures to combat gender-based violence and promote women's political and economic participation; gather information on the specific situation of women and girls from vulnerable groups, including those in detention, with

During the Mission, the Delegation met with various stakeholders in Government, including technical meetings with Ministries, Departments, and Agencies (MDAs), Civil Society Organisations (CSOs), development partners working in Ghana, as well as other actors involved in the promotion and protection of human rights in Ghana. The mission commenced with a courtesy call to the Deputy Minister for Foreign Affairs.

During the Mission, the Delegation held high-level consultations with:

 The Speaker of Parliament, Right Hon. Alban Kingsford Sumana Bagbin.

 The Minister of Foreign Affairs, Hon. Samuel Okudzeto Ablakwa

 The Minister for the Interior, Honourable Muntaka Mohammed-Mubarak

 The Minister of Gender, Children, and Social Protection, Hon. Dr. Agnes Naa Momo Lartey

 The Deputy Minister for Foreign Affairs, Hon. James Gyakye Quayson

 The Deputy Attorney-General and Minister of Justice, Hon. Justice Srem Sai

 The Chairperson of the Commission on Human Rights and Administrative Justice, Mr.Joseph Akanjolenur Whittal

The Delegation consulted with Representatives from key Ministries, Departments, and Agencies (MDAs), namely:

 Office of the Attorney General and Ministry of Justice

 Ministry of the Interior

 Ministry of Gender, Children, and Social Protection

 Ministry of Labour, Jobs, and Employment

 Ministry of Environment, Science and Technology

 Parliament of Ghana

 Commission on Human Rights and Administrative Justice (CHRAJ)

 National Development Planning Commission

 Ghana Police Service

 Ghana Immigration Service

The Delegation also met representatives of CSOs, namely:

 Springboard Road

 Show Foundation, Ghana

 ABANTU For Development

 Gender Centre for Empowering Development (GenCED)

 Human Rights Reporters Ghana

 Network for Women's Rights (Netright)

 Centre for Women in Development and Public Policy (CEWODEPP), Ghana

 Women in Law and Development in Africa (WiLDAF)

The Delegation also met with the United Nations Country Team, including UNFPA, representing the UN Resident Coordinator, Country Representative of UNFPA; Country Representative of UNICEF; ⁠Country Director, UNAIDS; ⁠UNDP; ⁠UN RCO; ⁠UNIC; ⁠UNESCO, and UN Global Compact. Other participants included the British High Commission, the French Embassy, and the Netherlands Embassy.

The Mission also included site visits to Male Nsawam Medium Security Prison, and Female Nsawam Prison to assess conditions of detention; and to the Shelter for Abused Children, to understand the protection mechanisms for vulnerable children.

The Delegation commends the Government of Ghana for its political will and commitment towards the effective enjoyment of human rights, including through the adoption, since the last promotion mission of the Commission, of further legislative and other measures to implement the African Charter and other ratified regional and international human rights instruments. Whereas a comprehensive report will be adopted in due course, the Commission would like to highlight the following preliminary observations.

Positive Observations

The Delegation commends the Government of Ghana for its demonstrated political will and acknowledges the following significant and concrete achievements in the promotion and protection of human rights:

i. A Progressive and Robust Legislative and Policy Foundation: Ghana has established a comprehensive domestic legal framework that, in many areas, surpasses regional standards. This includes not only the Domestic Violence Act, the Right to Information Act (2019), and the Affirmative Action (Gender Equality) Act, but also pioneering instruments such as the Mental Health Act (2012) and the Disability Act (2007), which serve as models for the continent. This commitment is further evidenced by the ongoing development of progressive new legislation, including the Community Sentencing Bill, which aims to provide alternatives to incarceration and directly address the challenge of prison overcrowding.

ii. Pragmatic and Impactful Justice Sector Reforms: The Delegation observed tangible results from reforms designed to enhance judicial efficiency and uphold the rights of the accused. The combined effect of the Plea-Bargaining Act 1079 and the landmark 2015 Supreme Court ruling making all offences bailable has actively reduced pre-trial detention. Operational initiatives like the "Justice for All" roving courts are commendable for addressing case backlogs directly within correctional facilities. Furthermore, the presidential amnesty that led to the release of 787 first-time offenders and the commutation of sentences for those on death row demonstrates a practical commitment to decongesting prisons and aligning with human rights standards.

iii. Proactive and Modernizing Security Sector Initiatives: The Government has undertaken significant measures to modernize law enforcement and enhance accountability. This includes the concrete plan to establish an Independent Police Complaint Committee by January 2026, a crucial step towards strengthening oversight. The investment in a national police command center for real-time monitoring and the creation of specialized units for cybercrime, domestic violence, and criminal intelligence reflect a forward-looking approach to evolving security challenges.

iv. Exemplary Rehabilitation and Social Protection Programs: The Government has implemented a network of impactful social programs that directly advance economic and social rights. These include the expanding LEAP cash grant program, free secondary education, the National Health Insurance Scheme (NHIS), and the newly launched "Mahama Care" initiative for critical medicines. This commitment to inclusion is mirrored within the prison system. The Delegation witnessed a model facility (The Nsawam Prison) offering comprehensive rehabilitation, including basic education to tertiary degrees, vocational training, computer literacy, and full medical services covered by the NHIS for all inmates. Initiatives to improve prisoner welfare, such as increasing the daily feeding allowance and launching agricultural projects, are tangible and commendable efforts to uphold the dignity of all persons.

v. Dedicated Institutional Mechanisms and Collaboration: The establishment of specialized domestic violence courts, a toll-free GBV hotline, and the ongoing efforts to support vulnerable groups demonstrate a structured approach to complex social issues. The proactive role of the CHRAJ is highly commendable. The Ministry of Interior’s policy of "no promotion without training" and its appointment of a Technical Adviser for the continuous education of officers are critical institutional building blocks for sustaining human rights compliance.

vi. Renewed Commitment to Regional Engagement: The Delegation welcomes the firm, high-level commitments from both the Ministry of Foreign Affairs and the Attorney-General’s Department to expedite the submission of all overdue State Reports to the Commission by the end of 2025. The establishment of a dedicated inter-ministerial reporting committee is a positive institutional step towards fulfilling this obligation.

Key Challenges Identified:

Despite these significant strengths, the Delegation identified profound and systemic challenges that inhibit the full realization of human rights in the country:

i. A Crisis of Accountability and Regional Solidarity: Ghana’s engagement with the African human rights system is critically deficient, marked by a 24-year delay in submitting State Reports under Article 62 of the African Charter. This is compounded by the non-ratification of key instruments, including the:

 The African Union Convention for the Protection and Assistance of Internally Displaced Persons in Africa;

 The Protocol to the African Charter on Human and Peoples’ Rights on the Rights of Older Persons in Africa;

 The Protocol to the African Charter on Human and Peoples’ Rights on the Rights of Persons with Disabilities;

 The Protocol to the African Charter on Human and Peoples' Rights on the Rights to Social Protection and Social Security

 The Protocol to the African Charter on Human and Peoples’ Rights Relating to the Specific Aspects of the Right to a Nationality and the Eradication of Statelessness in Africa;

 The African Union Convention on the Elimination of Violence Against Women and Girls.

 Furthermore, Ghana has not deposited the Article 34(6) declaration, denying its citizens and NGOs direct access to the African Court on Human and Peoples’ Rights

ii. Systemic Deficiencies in the Justice and Detention System: While reforms are underway, profound challenges persist. Prison overcrowding has reached a critical state, with facilities like Nsawam Medium Security Prison operating at over 360% of its intended capacity (holding 3,496 inmates against a capacity of 1,000). The delayed passage of the Community Sentencing Bill exacerbates this crisis by failing to provide judicial alternatives to incarceration for petty offences. Furthermore, there is a stark disparity in conditions; while one model prison offers tertiary education, others lack basic educational programs. Critical gaps in training for civilian teachers working with prisoners and inconsistent application of human rights standards like the Nelson Mandela Rules across the prison estate remain serious concerns.

iii. Inadequate Police Accountability and Oversight: Despite plans for an Independent Complaint Committee, the current mechanisms for addressing police excesses are insufficient. Allegations of brutality, including a cited case from 2019 where seven men were wrongly labelled and killed as armed robbers, highlight an urgent need for robust, transparent, and independent oversight. The Police Standards Bureau appears inadequate to fully address these systemic issues, leaving a gap in public trust and accountability.

iv. The Galamsey Crisis: The environmental and public health crisis driven by illegal mining (galamsey) has escalated to a level that threatens national stability. This is not merely an environmental issue but a complex human rights emergency. The crisis results in the following:

• Widespread contamination of water bodies with heavy metals like mercury.

• Devastation of agricultural lands, particularly cocoa farms, which form a backbone of the national economy, threatens food security and livelihoods.

• High school dropout rates are surging in affected communities as children are lured into mining, jeopardizing the future of a generation.

• The phenomenon is entrenched due to the reported complicity of political actors and the compromise of security forces posted to combat it. Galamsey zones are also hotspots for child trafficking and the sexual exploitation of vulnerable groups. Women who live in and around areas where Galamsey is prevalent find themselves exposed to hazardous environments, which adversely affect their sexual and reproductive health.

• The health and well-being of children who live in and around affected areas are also adversely affected.

v. The Implementation Deficit in Women’s Rights and Safety: A stark gap exists between progressive laws and the lived reality for women and girls. Harmful practices, including violent witchcraft accusations and the Trokosi system, persist with impunity. The critical lack of state-funded, operational shelters for survivors of gender-based violence leaves them without protection—a failure compounded by the inadequate allocation of funds to the Domestic Violence Fund. Deeply entrenched stigma, such as the refusal of 8 in 10 Ghanaians to buy food from a person living with HIV, disproportionately affects women. The plight of vulnerable young women and girls from the Northern part of Ghana, commonly known as “Kayayei”, is a critical social phenomenon that remains unaddressed. These young women and girls are subjected to exploitation, abuse, and trafficking, and most of them are homeless and which increases their vulnerability. Despite the minimization of FGM/C, the practice remains prevalent in some parts of the N

vi. Marginalization of Vulnerable Groups: Persons with Disabilities face significant exclusion and are described as the "most stigmatized and discriminated" group. Support systems are also insufficient to address sexual and reproductive health rights, evidenced by an accumulated backlog of 1,300 new cases of obstetric fistula per day, with only 60-100 treated annually.

vii. Shrinking Civic Space: Civic space is under pressure, with concerns about the security agencies' response to free speech and public demonstrations. While the Public Order Act provides a framework, its application in the context of protests organized via social media raises concerns about the balance between public order and the right to assembly.

viii. Legislative and Institutional Gaps in the Prevention of Torture: The absence of standalone legislation criminalizing torture in line with international standards remains a critical legal vacuum. This gap is exacerbated by the lack of an independent National Preventive Mechanism (NPM) with a mandate to conduct unannounced visits to all places of detention, despite Ghana's ratification of the Optional Protocol on the Prevention Against Torture. The current system relies on internal oversight, which is insufficient to prevent and redress abuses comprehensively.

Preliminary Recommendations:

The Commission will prepare a detailed Mission Report with specific recommendations. Meanwhile, the Delegation preliminarily urges the Government of Ghana to:

i. Fulfill Regional Obligations and Close Protection Gaps:

 Honor the commitment to submit all overdue State Reports by the end of 2025 through a participatory process that includes civil society.

 Prioritize the immediate ratification of all outstanding regional human rights instruments.

 Deposit the Article 34(6) Declaration to grant citizens and NGOs direct access to the African Court.

ii. Advance Justice, Detention, and Security Sector Reforms:

 Expedite the passage and implementation of the Community Sentencing Bill to provide judicial alternatives to incarceration and directly combat prison overcrowding.

 Enact specific anti-torture legislation and formally establish CHRAJ as the NPM with a mandate for unannounced visits to all places of detention.

 Operationalize the Independent Police Complaint Committee by January 2026 as pledged, ensuring it is fully resourced, transparent, and empowered to hold officers accountable for misconduct and excessive use of force.

 Mandate continuous, standardized human rights training for all prison and police officers, with a specific curriculum on the Nelson Mandela Rules, de-escalation techniques, and the proper management of public assemblies as protected by the Public Order Act.

iii. Translate Gender Laws into Tangible Outcomes and Safety:

 Allocate and release funds for the Domestic Violence Fund and State resources to build, maintain, and support shelters for survivors of gender-based violence and women exiting detention.

 Ensure the full implementation and enforcement of the Affirmative Action (Gender Equality) Act to increase women's participation in political and public life.

iv. Eradicate Ritual Servitude and Harmful Practices:

 Launch a dedicated law enforcement and justice initiative to eradicate the Trokosi system, treating it as a contemporary form of slavery and trafficking. This should include the investigation and prosecution of perpetrators, and the liberation, rehabilitation, and full social reintegration of all women and girls held in ritual servitude.

 Integrate the fight against Trokosi with broader environmental and economic actions, recognizing that the poverty and desperation exacerbated by crises like Galamsey create conditions of vulnerability that these exploitative practices prey upon.

 Conduct a comprehensive research and study on the Plight of the “Kayayei” with a view to addressing the root causes and putting in place measures to stem this practice.

 Launch a robust, nationwide campaign to combat deeply rooted harmful practices, including witchcraft accusations, child marriage, and FGM, and to counter the severe stigma faced by people living with HIV.

v. Address the Multi-Sectoral Impacts of the Galamsey:

 There is a need for a multidimensional response involving a high-level interministerial task force with full participation and oversight of the Human Rights Commission

 Launch a high-level, independent investigation with anti-corruption safeguards to dismantle the entrenched political and security force networks profiting from galamsey.

 Address the devastating cross-sectoral impacts by:

• Public Health: Conduct independent health impact assessments in affected communities and provide immediate relief for conditions linked to heavy metal poisoning.

• Education & Child Protection: Implement a major scholarship and school rehabilitation program in mining communities to combat the high dropout rate and rescue children from exploitative labor.

• Agriculture & Livelihoods: Launch an emergency fund for cocoa farmers and a national land rehabilitation program to restore devastated farmlands and water bodies.

• Create viable economic alternatives through vocational training and the formalization of responsible, small-scale mining, explicitly targeting youth and kayayei to provide them with sustainable livelihoods.

vi. Guarantee Inclusion, Dignity, and Open Civic Space:

 Systematically enforce accessibility laws for Persons with Disabilities, applying sanctions for non-compliance.

 Develop and fund a national strategy to address the critical backlog of obstetric fistula cases and provide comprehensive support for children with disabilities.

 Develop and implement a National Action Plan to address the Kayayei phenomenon, focusing on creating economic opportunities in the northern regions and providing social support and exit programs for those already in the cycle.

 Uphold the rights to freedom of assembly and expression. Ensure that policing of demonstrations, including those organized via social media, is proportionate and that all legislation conforms to Ghana's international human rights obligations regarding non-discrimination.

The Delegation wishes to thank the Government of the Republic of Ghana and its people for their very warm reception and hospitality, as well as for the frank and constructive dialogue during the Mission. The Delegation is truly grateful to the Government for the facilities and services placed at its disposal during the Mission, and singles out for special gratitude the Ministry of Foreign Affairs for the excellent arrangements put in place, which enabled the Delegation to meet a cross-section of the society, to have a fairly representative view of the human rights situation in the country.

The Delegation will prepare a Report of the Mission, which will be tabled before the Commission for consideration and adoption at one of its upcoming sessions, followed by onward transmission to the Government of Ghana.

Done in Accra, Republic of Ghana, 02 October 2025