Legal practitioner and prominent civic activist, Osagyefo Mawuse Oliver Barker-Vormawor, has fiercely criticised what he described as a worrying trend of regressive public culture fueling religious discrimination in Ghanaian schools.
In a strong critique against the Attorney-General’s office’s stance on the Wesley Girls’ hijab controversy, Barker-Vormawor condemned the legal arguments put forward by the state, calling it a betrayal of Ghana’s constitutional promise of religious freedom and inclusive public education.
According to Barker-Vormawor, it is deeply troubling that the Attorney-General and his office would endorse practices that restrict Muslim students from exercising their religious freedoms, such as wearing the hijab in school.
“I have every reason to believe that the Attorney-General (Dominic Ayine) and Deputy (Justice Sai) did not oversee that statement of case that was filed in the Wesley Girls matter. Knowing their strong constitutional values in particular, this should never have passed their desks without alarm.”
Osagyefo Mawuse Oliver Barker-Vormawor, Legal Practitioner and Activist
The activist referenced the 2015 State of the Nation Address delivered by President John Dramani Mahama, during which the President emphatically denounced religious discrimination in schools and institutions.
Quoting President Mahama, Barker-Vormawor reminded the public that “it is wrong under our constitution for Muslim students to be compelled to attend church services or for Christian students to be compelled to attend Muslim congregational prayers”.
He also noted that it is wrong to prevent Muslim women from wearing the ‘hijab’ or Nuns from wearing their habits to work or to school.
For him, the President’s statement, made during a time when Dr. Dominic Ayine served as Deputy Attorney-General, clearly establishing the government’s position on the need to uphold constitutional protections around freedom of religion, as enshrined in Article 21(1) of the 1992 Constitution.
Barker-Vormawor lamented that the present legal stance taken by the current Attorney-General’s office stands in sharp contradiction to this precedent, and undermines Ghana’s history of religious tolerance.
He further recalled that Dr. Omane Boamah, then Minister for Communications and current Minister of Defence, had also issued a statement reinforcing the government’s disapproval of religious intolerance, describing such acts as not only discriminatory but also unconstitutional.
Ghana on the Wrong Side of History
Barker-Vormawor also criticised the Attorney-General’s office handling of other landmark civil rights cases, including that of Tyrone Marhguy, the Achimota School student who was denied admission because of his dreadlocks.
In that case, the courts ruled in favour of the student’s right to education and freedom of religion, but Barker-Vormawor noted that the former AG’s opposition to Marhguy’s case placed the state “on the wrong side of history.”
He expressed sadness that the Attorney-General’s office appears to be continuing along this same trajectory with the Wesley Girls hijab case. “This is a betrayal of the social foundations and inclusive politics that was behind the Revolution,” he stated, referencing the ideals of Ghana’s fourth republican democracy.
Barker-Vormawor did not mince words about his disapproval of schools that enforce mandatory religious practices while receiving public funds.
“Any school that wants to continue mandatory religious practices should stop accepting public funds. Run it as a private school. Stop accepting school placements,”.
Osagyefo Mawuse Oliver Barker-Vormawor, Legal Practitioner and Activist
He stressed that children, especially those in high schools, deserve protection from religious coercion and discrimination.
In his critique, Barker-Vormawor accused the current civil service culture of reflexively opposing human rights claims without due reflection or policy direction.
“In the UK, civil servants know intuitively that matters involving significant government policy should receive Government direction. Your job is not to always oppose demands for respect of rights”.
Osagyefo Mawuse Oliver Barker-Vormawor, Legal Practitioner and Activist
He called for a paradigm shift within Ghana’s public service, arguing that the current culture is mired in outdated and regressive practices.
“A reset means that the CIVIL SERVICE must know the old ways of business, and the pervasive regressive culture that the old system runs on demands review. Seek Government direction before you commit the Republic to significant ideological positions.”
Osagyefo Mawuse Oliver Barker-Vormawor, Legal Practitioner and Activist
He was, however, cautiously optimistic that the country could be turning a corner in some respects, pointing to recent improvements in the protection of the right to freedom of assembly.
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