In commemorating the 2024 International Day in Support of Victims of Torture, Joseph Whittal, Commissioner of the Commission for Human Rights and Administrative Justice (CHRAJ), has drawn attention to the troubling state of human rights in Ghana.
Despite some progress, there remain significant issues concerning torture and degrading treatment of individuals, particularly in detention facilities, psychiatric centers, and during law enforcement operations.
According to recent statistics from the Ghana Prisons Service, as of June 2024, the country faces a staggering prison overcrowding rate of 43.79%, with a total prison population of 14,760 inmates. This translates to 4,495 individuals beyond the intended capacity of the facilities.
“The dire situation is exacerbated by inadequate sanitary conditions, poor structural integrity, insufficient ventilation, and a lack of adequate toilet facilities within detention centers.
“Additionally, inmates suffer from an unbalanced diet and insufficient medical care, severely compromising their rights to health, food, and a clean living environment.”
Joseph Whittal, Commissioner of CHRAJ
Another critical issue highlighted by Mr. Whittal is the treatment of mentally challenged individuals. Many are still chained, starved, and confined in unsanitary conditions in some faith-based centers and psychiatric hospitals.
CHRAJ noted that although the Mental Health Act of 2012 (Act 846) mandates the establishment of Visiting Committees to inspect and monitor the rights of individuals with psychosocial disabilities, financial constraints have hindered this process. As a result, mental health patients continue to endure cruel, inhumane, and degrading treatment.
“Cases of military and police brutality against civilians persist, posing a significant threat to human rights in Ghana,” Mr. Whittal highlighted.
CHRAJ emphasized the need for urgent government intervention, particularly from the Ministries of the Interior, Defence, and National Security, to ensure peaceful coexistence and respect for the rights of civilians. Such measures are crucial to preventing further instances of abuse and maintaining public trust in law enforcement agencies.
Government Initiatives and Legislative Challenges
CHRAJ acknowledged the efforts made by the government and other stakeholders to address these issues. Notable initiatives include the Justice for All and Open Camp Prison programs, which aim to reduce the number of pre-trial prisoners and decongest prison facilities.
However, Mr. Whittal stressed that more needs to be done to ensure Ghana’s full compliance with the 1992 Constitution, the Convention against Torture and Other Cruel, Inhuman, or Degrading Treatment or Punishment (CAT), the Optional Protocol to the UN Convention against Torture (OPCAT), and the African Charter on Human and People’s Rights.
Whittal also expressed concern over the President’s refusal to assent to the Criminal Offences (Amendment) Bill, 2022, and the Armed Forces (Amendment) Bill, 2022. These bills, passed by Parliament, are intended to abolish the death penalty as an ultimate punishment in Ghana. Despite two years having passed since their introduction, no concrete action has been taken to address the “constitutional concerns” cited by the President. This delay is seen as both baffling and unfortunate.
“Relatedly, the President is also exhorted to assent to the Criminal and Other Offences (Amendment) Bill, 1960 (Act 29) which was passed by Parliament in July 2023 to promote and protect the dignity and life of elderly persons accused of witchcraft in Ghana.”
Joseph Whittal, Commissioner of CHRAJ
Recommendations for Further Action
To address these pressing issues, CHRAJ recommended several measures. The government should allocate resources to establish visiting committees and tribunals nationwide to ensure effective monitoring of prayer camps and psychiatric centers. This step is crucial to safeguarding the rights of mentally ill individuals.
“The government is entreated to fast-track the amendment of CHRAJ’s enabling Act (456) to include provisions on the establishment, composition, and functioning of a National Preventive Mechanism.”
Joseph Whittal, Commissioner of CHRAJ
In addition, CHRAJ recommended that there is the need to enhance collaboration and harmony between the various Security Agencies and to conduct comprehensive human rights education for military and police officers continuously.
The International Day in Support of Victims of Torture, established by UN resolution 52/149 in December 1997, is observed annually on June 26. It serves as a call to action for UN Member States, civil society, and individuals worldwide to unite in support of torture victims and to work towards eradicating torture in all its forms.
While progress has been made, significant challenges remain in upholding human rights in Ghana. Commissioner Joseph Whittal’s press release underscores the urgent need for continued efforts to address these issues and ensure the dignity and rights of all individuals are respected.
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