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Safeguarding human rights in Ghana: An analysis of the Ghanaian Constitution

Alhjai Osman

Alhjai Osman

Introduction

Human rights serve as the foundation of a just and equita­ble society.

 Ghana, a country in West Africa known for its commitment to democratic governance, has enshrined human rights principles in its Constitution.

 One of the key achieve­ments in Ghana’s commitment to human rights is the inclusion of a comprehensive Bill of Rights in its Constitution.

 The Constitution of Gha­na, adopted in 1992, guarantees fundamental rights and freedoms for its citizens, including the right to life, liberty, and security of the person, freedom of speech and expression, freedom of assembly, and freedom of religion. These constitutional provisions form the cornerstone of human rights pro­tection in the country and serve as a beacon of hope for the citizens to live in a just and equitable soci­ety.

Ghana’s stance on

human rights

 Ghana has demonstrat­ed its dedication to international human rights standards by ratifying several key human rights treaties and conventions.

 These include the Univer­sal Declaration of Human Rights, the International Covenant on Civil and Political Rights, the Interna­tional Covenant on Economic, Social, and Cultural Rights, and the Convention on the Rights of the Child, among others.

 By acceding to these international agreements, Ghana has showcased its willingness to be held accountable on the global stage for its human rights record.

Cultural norms and

practices

 Certain cultural norms and practices in Ghana can be at odds with human rights principles, particularly concerning issues like gender equality, LGBTQ+ rights, and harmful traditional practices.

 Addressing these issues requires sensitisation and education to promote respect for human rights while preserving cultural diversity.

 It is quite imperative that the international community takes into account the cultural and religious diversity of the people.

 The promotion of certain rights of the people for the sake of development, without respecting the cultural and religious identity of the indigenous people who are supposed to enjoy the rights and development, would simply collapse until the identity of the people is preserved and protected.

Access to legal aid by

minority groups

 Some vulnerable and mar­ginalised groups, such as the poor, women, and rural communities, face challenges in accessing justice and legal representation.

 The ongoing efforts by the Ghana Bar Association to bring legal aid at the door steps of prisoners and some sections of the society is commendable and must be sustained.

LGBTQ+ practice and

its debate in the context

of human rights

 The argument and debate on the legality or acceptability of LGBTQ practices in secular or diverse communities, such as mixed religious or culturally tense or dense communities, is still raging around the World especially in Asia and Africa where most of the communities are very religious and culturally inclined.

 A very recent high court ruling in Ghana that upheld a low­er court decision that only natural sex is recognised in the constitu­tion of the Republic of Ghana is an example of such communities.

 In an environment such as this LGBTQ practices cannot win an argument on the basis of freedom or human rights in the context of the legality or accept­ability. Except that it is a frown, abnormal or condemnable practice that cannot be spoken about in the daylight meanwhile the practice exists and is common among the political elites and highly influential people in the community.

 LGBTQ activities are currently considered illegal under Ghanaian law, making advocacy for their rights dangerous.

 The Ghanaian commu­nity is simple not ready for it and sees advocacy, whether in the reli­gious, cultural, or civil society arena as promoters of ungodly practices.

 It is essential to engage in constructive dialogue, education, and awareness campaigns to pro­mote tolerance, understanding, and the integration of certain abnormal practices in the Ghanaian society, but certainly not with a force, coer­cion, or the threat of sanctions on Ghana.

Progress made

 Over the years, Ghana has made notable progress in ad­vancing human rights. Most recent­ly is the passage of the Affirmative Action Gender Equity Bill 2024 by the Parliament House of Ghana into law.

 The government has taken significant steps to combat discrimination and promote gender equality.

 Measures such as the Domestic Violence Act and the Af­firmative Action Bill aim to protect vulnerable groups and ensure equal opportunities for all citizens.

 Additionally, Ghana has made efforts to address child labor, enhance access to education, and promote freedom of the press, contributing to a more inclusive society.

Persistent challenges

 Despite the strides made, Ghana faces several human rights challenges.

 Issues such as police brutality, arbitrary arrests, and pro­longed pretrial detention remain areas of concern.

 Additionally, there is a need to address land rights dis­putes, child trafficking, women’s rights and access to healthcare, particularly in rural areas, to ensure the enjoyment of fundamental rights by all Ghanaians.

 There is growing stereo­type of women seen as becom­ing powerful than men by larger section of the society especially within the religious and chieftaincy domain.

 Another pressing concern is the issue of corruption, which undermines good governance and hampers the effective implemen­tation of human rights policies. Corruption erodes public trust in institutions, limits access to essen­tial services, and perpetuates social inequalities, particularly affecting the poorest and most vulnerable populations.

 Gender-based violence remains a serious concern in Gha­na. While there have been efforts to combat violence against women and girls, more needs to be done to create a safe environment where everyone can live without fear of abuse or discrimination.

Recommendations for

improvement

To further strengthen human rights protection in Ghana, it is crucial to take the following steps:

 a) Strengthening Judicial Independence: Upholding the independence of the judiciary is es­sential to ensure fair and impartial adjudication of human rights cases.

 b) Enhancing Law En­forcement Accountability: Estab­lishing effective mechanisms for police oversight and accountability can help address instances of po­lice misconduct and human rights violations.

 c)Public Awareness and Education: Promoting human rights education and awareness campaigns can foster a culture of respect for human rights and em­power citizens to protect their own rights and those of other

 d ) Engaging Civil Soci­ety: Encouraging active involve­ment of civil society organisa­tions, human rights activists, and non-governmental organizations can amplify efforts to address hu­man rights concerns and hold the government accountable.

 e)Engaging in civilised and diplomatic ways the Religious and traditional communities to understand the rights of women and more importantly the em­powerment of the opposite sex as not equal to making women more powerful than men.

References are provided in the full paper. Paper presented on 21st July 2025 at Oxford Symposium, University of Oxford, United Kingdom.

The writer is a Member and Chairman of the Finance and Fundraising Committee of the Greater Accra Regional Peace Council (GARPC) – National Peace Council of Ghana (NPC).

Executive Secretary, Tijjaniya Muslims of Ghana (TMG)

BY ALHAJI KHUZAIMA MOHAMMED OSMAN

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