General comments made by other relevant stakeholders

3. General comments made by other relevant stakeholders

4. Views expressed by the State under review on the
outcome and concluding remarks

Ghana

657. At its 18th meeting, on 11 June 2008, the Council considered and adopted the outcome of the review on Ghana (see section C below).

658. The outcome of the review on Ghana is constituted of the report of the Working Group on the Universal Periodic Review (A/HRC/8/36), together with the views of Ghana concerning the recommendations and/or conclusions, as well as its voluntary commitments and its replies presented before the adoption of the outcome by the plenary to questions or issues that were not sufficiently addressed during the interactive dialogue in the Working Group.

1. Views expressed by the State under review on the recommendations
and/or conclusions as well as on its voluntary commitments

660. Regarding the abolition by law of the use of corporal punishment in all situations, all punishment in Ghana must be reasonable. Corporal punishment in its classical sense had been abolished. Caning could only be exercised by the principal of the school and only in specific circumstances and under specific guidelines; any breach of these guidelines was sanctioned by law. Unreasonable punishment in the home was also sanctioned by existing laws, including the Domestic Violence Act, the Children’s Act and the Criminal Code of Ghana.

661. Concerning the recommendation on the adoption of a legal moratorium on the death penalty and the ratification of the Optional Protocol to the International Covenant on Civil and Political Rights aimed at the abolition of the death penalty, the Representative referred to the previous response of Ghana at the universal periodic review session held in May 2008, and reiterated the fact that this was an entrenched provision in the Constitution that required a referendum before it could be amended. In the interim, the Government would continue to maintain the de facto moratorium on the application of the death penalty.

662. Regarding the enactment of the Freedom of Information Bill, Ghana shared the view of those who had made the recommendation for such a law, that it was important and that it was intended to consolidate democracy. It was with this mind that the Right to Information Bill was being prepared within the framework of ongoing consultations with relevant stakeholders.

663. With regard to the recommendation concerning the implementation of measures to abolish polygamy in Ghana, in accordance with the Convention on the Elimination of All Forms of Discrimination against Women, Ghana informed the Council that there were three forms of marriage in the country: the ordinance marriage, the customary law marriage and Islamic marriage. With the exception of ordinance marriage, the other forms of marriage were in conformity with the customs and traditions of Ghana. With regard to faith-based marriages, chapter 5 of the Constitution guaranteed freedom of religion. There was therefore a problem in abolishing the practice since it would be an infringement of the right to practise one’s faith.

664. The recommendation on combating discrimination against minority groups, immigrants and children with disabilities was found to be rather curious, and Ghana was therefore not able to accept it, given that the situation that the Government was required to fight against did not even exist. The Constitution of Ghana guaranteed the protection of rights of all individuals and groups resident within its territory and, for that matter, all acts that tended to deny any such individual or group of people their inalienable rights could be sanctioned. Ghana continued to host a large number of immigrants, including those who had fled their countries as a result of social unrest, economic deprivation or otherwise, and who, over the years, had come to consider Ghana their home. Such people were guaranteed their rights as long as they abided by the rules and regulations that contributed to making the country a safe haven for both its citizens and foreigners. The Disability Act and the Children’s Act had both been passed to protect the rights of children with disabilities.

2. Views expressed by member and observer States of
the Council on the review outcome

666. Luxembourg indicated that the spirit of dialogue and cooperation shown by Ghana was welcomed. The commitments of Ghana made with regard to the recommendations were also welcomed, especially the recommendation related to the right to food. Ghana was encouraged to effectively pursue work with regard to the recommendations that had not yet been accepted, especially those regarding the abolition of the death penalty, the decriminalization of sexual activity between consenting adults or the abolition of polygamy.

667. Senegal said that the report of the Working Group on the Universal Periodic Review testified to Ghana’s full commitment to promoting and protecting its citizens. Ghana’s acceptance of the majority of the recommendations was also noted. Senegal encouraged Ghana to continue with its efforts and possible follow-up with the view to improving the national human rights situation. Senegal expressed its congratulations to Ghana for its re-election to the Council and for its seriousness in the universal periodic review process.

668. Nigeria congratulated Ghana for its presentation, and commended it on the open, transparent and constructive manner it had engaged with all parties in the process. It welcomed the steps taken thus far by Ghana to fully implement the recommendations made during the review and its commitment to addressing human rights challenges. The various mechanisms put in place over the years by the Government to eradicate poverty and create a conducive environment for youth empowerment were commendable. Nigeria noted that Ghana has a great reputation in the subregion for the quality of its education and for gender mainstreaming, and encouraged it to continue with its socio-economic and political reforms that enhanced human rights and freedoms.

669. Egypt thanked the delegation of Ghana for the exhaustive answers it had provided. This demonstrated Ghana’s true political will to create a national environment so that real, radical change could take place in the country which ensured further the promotion and protection of human rights. Such a process is an ongoing one and requires transfer of expertise, and Egypt hoped that Ghana would pursue this path and continue its cooperation with civil society in order to advance human rights and meet the aspiration of the population. It expressed its understanding that Ghana had not been able to accept some recommendations.

670. Malaysia congratulated Ghana on its presentation which focused on the commitments of the Government following the recommendations made in the report of the Working Group. Malaysia commended Ghana on its comprehensive efforts towards the promotion and protection of human rights in Ghana and its positive engagement with the Universal Periodic Review process. The Government of Ghana had implemented various strategies in the human rights sphere, specifically those regarding education, health, trafficking of persons and domestic violence. The Constitution of Ghana provided free education for every child. Further, Malaysia recognized the efforts made by Ghana to address the issue of child labour.

671. Uganda congratulated Ghana on the steady improvement of its human rights record and its commitment to addressing challenges by putting in place legislation in particular to address problems of corruption, domestic violence, human trafficking and child labour. Uganda commended Ghana on its efforts to increase women’s participation in governance and noted universal primary and secondary education as the way forward, especially among the poorest of the poor in remote areas of Ghana.

672. India congratulated Ghana on its open and frank interaction during the universal periodic review. India noted that Ghana had accepted the majority of the recommendations made and commended Ghana on its constructive approach. India expressed the hope that the recommendations would be implemented for a brighter future in Ghana.