Ghana @ 60: Governance and human rights in twenty-first century Africa

Michael Addaney, Michael Gyan Nyarko

Description

Ghana was the first country in sub-Saharan Africa to gain independence and played a critical role in the political transformation and regional integration in Africa. Over the years, Ghana has transformed from one-party state through military rule to multiparty democracy. Since independence, despite internal challenges, Ghana continues to play a critical transformational role on the African continent. This influence has been reinvigorated since the emergence of the concept of African Renaissance and adoption of the ‘African solutions for African problems’ mantra in the early 2000s. On 6 March 2017, Ghana celebrated its 60th anniversary of independence from colonial rule. Current circumstances in Ghana and Africa reinforce the argument that democracy and the rule of law are maintained by vigilance and involvement of the people. In this regard, this edited volume audited some of the issues relating to the state of human rights standards and compliance, democratic consolidation and development in Ghana as well as to bring forward how Ghana has contributed to the political, economic, cultural and ideological development in Africa.Through a human rights-based approach to governance and socio-economic development, the book examines the experiences of Ghana, selected experiences of other African countries and the African Union in advancing good governance and human rights over the years, on the journey to attain shared prosperity for all. The book takes stock of major developments in the areas of political and civil rights as well as economic, social and cultural rights in Africa, the changing nature of democratisation, regional integration and pan-Africanism, and the ways in which the African Union policies may impact differently on governance and human rights on the continent.

Sujets

• Economie
• développement
• Politics
• Relations internationales
• Développement
• Géopolitique

Informations

• Publié par: PULP (Pretoria University Law Press)
• Date de parution: 01 janvier 2017
• Nombre de lectures: 0
• EAN13: 9781920538743
• Langue: English
• Poids de l'ouvrage: 2 Mo

Extrait

GHANA @ 60: GOVERNANCE AND HUMAN RIGHTS IN TWENTY-FIRST CENTURY AFRICA

Edited by Michael Addaney & Michael Gyan Nyarko

2017

Ghana @ 60: Governance and human rights in twenty-first century Africa

Published by: Pretoria University Law Press (PULP) The Pretoria University Law Press (PULP) is a publisher at the Faculty of Law, University of Pretoria, South Africa. PULP endeavours to publish and make available innovative, high-quality scholarly texts on law in Africa. PULP also publishes a series of collections of legal documents related to public law in Africa, as well as text books from African countries other than South Africa. This book was peer reviewed prior to publication.

For more information on PULP, see www.pulp.up.ac.za

Printed and bound by: BusinessPrint, Pretoria

To order, contact: PULP Faculty of Law University of Pretoria South Africa 0002 Tel: [phone] Fax: [phone] [e-mail] www.pulp.up.ac.za

Cover: Yolanda Booyzen, Centre for Human Rights, University of Pretoria

ISBN: 978-1-920538-74-3

© 2017

TABLE OF CONTENTS

Acknowledgments Foreword Abbreviations and acronyms Contributors List of laws List of cases

v vi viii xii xviii xxi

PART I: INTRODUCTION Governance and human rights in twenty-first 1 century Africa: An introductory appraisal2 Michael Addaney & Michael Gyan Nyarko

PART II: GHANA AT 60 – HUMAN RIGHTS AND CONSOLIDATION OF GOOD GOVERNANCE IN A CHALLENGING ERA By accountants and vigilantes: The role of 2 individual actions in the Ghanaian Supreme Court16 Kenneth NO Ghartey Electoral justice under Ghana’s Fourth Republic32 3 Lydia A Nkansah Safeguarding online freedom of speech in Ghana 4 in an election year: The role of government52 Ebenezer Adjei Bediako Civil society and the right to access to information 5 in the Ghanaian oil industry66 Nora Ho Tu Nam Ghana’s poverty alleviation strategy: Promising 6 start, but bleak future?82 Bright Nkrumah Women’s political participation in decision-making 7 processes and organs in Ghana: Trends, practices and social realities101 Bright J Sefah & Kennedy Kariseb The pursuit of actual equality: Women’s 8 matrimonial property rights in Ghana since independence121 Kwaku Agyeman-Budu

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PART THREE: COMPARATIVE PERSPECTIVES ON GOVERNANCE AND HUMAN RIGHTS IN AFRICA Challenges to judicial enforcement of 9 socio-economic rights in Africa: Comparative lessons from Ghana and South Africa146 Christopher Y Nyinevi A comparative analysis of multiparty politics in 10 Ghana and Mauritius172 Darsheenee Singh Ramnauth & Roopanand Mahadew Deepening and sustaining electoral democracy in 11 Kenya: Lessons from Ghana191 Lucianna Thuo Towards a human rights-based approach for 12 countering economic crises: Ghana and Zambia’s experiences with the global financial crisis217 Grace Mukulwamutiyo Transnationals, social media and democratisation 13 of Africa in the twenty-first century: Lessons from Zimbabwe245 Cowen Dziva & Munatsi Shoko

PART FOUR: THE AFRICAN UNION AND THE REALISATION OF DEMOCRATIC GOVERNANCE AND HUMAN RIGHTS IN TWENTY-FIRST CENTURY AFRICA Pan-Africanism and development in the 14 twenty-first century: A critical analysis of the New Partnership for Africa’s Development (NEPAD)266 Elsabé Boshoff & Owiso Owiso Moving the debate forward: Securing the rights 15 of refugees under the African human rights system278 Michael Addaney The ‘protection of ’ and ‘assistance to’ internally 16 displaced persons in Africa296 Romola Adeola Women’s human rights in twenty-first century 17 Africa: Taking stock of the Maputo Protocol306 Hlengiwe Dube Transnational democracy in Africa and the African 18 Union’s Agenda 2063: Beyond Nkrumah’s Pan-Africanist pushbacks325 Chairman Okoloise

Bibliography

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355

ACKNOWLEDGMENTS

This book benefited immensely from the alumni network of the LLM/ MPhil in Human Rights and Democratisation in Africa of the Centre for Human Rights, University of Pretoria, from which the majority of the authors were sourced. Selected chapters were also drawn from scholars and activists from across Africa. We are most grateful to all the authors for their hard work, determination and patience.

Our profound gratitude and sincere appreciation goes to all who assisted and supported this vision to fruition, especially to Professor Frans Viljoen, the Director of the Centre for Human Rights, and Professor Magnus Killander, the Head of Research and Academic Coordinator of the Masters programme in Human Rights and Democratisation in Africa at the Centre for Human Rights, Faculty of Law, University of Pretoria. Special thanks are also extended to our colleagues who supported us in peer reviewing some of the chapters: Dr Romola Adeola, Dr Cristiano d’Orsi, Dr Lydia A. Nkansah, Dr Sylvie Namwase, Dr Ashwanee Budoo, Dr Oluwatoyin Adejonwo-Osho, Darsheenee Singh Raumnauth, Dr Bright Nkrumah, Edward Murimi, Lydia Mensah, Kenneth Ghartey and Dr Ernest Owusu-Dapaah; we appreciate the time you committed to support this project.

Special thanks to Lizette Hermann, Isabeau de Meyer and the other editorial team at the Pretoria University Law Press who worked with us right from the beginning of this project to the very end. They helped to shape the concept of the book and refined the final output. We wish to thank and appreciate Professor Frans Viljoen once again, Professor Killander and the entire team at the Centre for Human Rights at the University of Pretoria for their unflinching support, guidance and direction in making this dream a reality.

Special appreciation goes to His Excellency Nana Addo Dankwa Akuffo-Addo, the President of the Republic of Ghana for graciously agreeing to write the foreword for this book and Ambassador Kwesi Quartey, Deputy Chairperson of the African Union Commission for his kind words of endorsement. We acknowledge the assistance of Mr Michael Ofori Atta and Ms Clara Napaga Tia at Office of the Presidency of Ghana in following up with the President regarding the foreword and Mr Bright Sefah of the Department of Political Affairs, African Union Commission for following up with the Office of the Deputy Chairperson of the African Union Commission regarding his endorsement.

Any opinion expressed in this book is solely that of the authors and not necessarily that of the institutions they represent or are associated with.

Michael Addaney and Michael Gyan Nyarko Centre for Human Rights, University of Pretoria December 2017

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FOREWORD

The history of Africa is a marvelous case study of the multitude of difficulties that most post-colonial states have faced and continue to face in the process of self-discovery. Arguably, the protracted internal armed conflicts in most African states have been fueled by the quest to create governance and legal regimes that can guarantee everyone equal participation in the economic, social and political activities of their respective nations. The emerging independent African states of the 1960s declared their unflinching dedication to democracy, good governance and respect for human rights. This would have been effortlessly plausible, because most of the independence constitutions of many African countries came with a flowery package of rights for their citizens. This however did not become a lived reality. Shortly after independence, the constitutions of most of the emerging African states were amended in ways that watered down the essence of human rights and democratic governance.

Ghana was the first country in sub-Saharan Africa to gain independence and played a critical role in the political transformation and regional integration in Africa. Over the years, Ghana has transformed from one- party state through military rule to multiparty democracy. Since independence, despite internal challenges, Ghana continues to play critical transformational role on the African continent. On 6 March 2017, Ghana celebrated her 60th anniversary of independence from colonial rule. Current circumstances in Ghana and across Africa reinforce the argument that democracy and the rule of law are maintained by vigilance and involvement of the people. Succeeding in this endeavour requires commitment and active participation at all levels of society and in all its institutions – from the grassroots to political process that is responsive to the needs of all members of society, to the organs of government that protect human rights and prods the political process to live up to its obligations. This must be followed by periodic audits to take stock of the progress made, the challenges that lie ahead and the most effective means of tackling the challenges.

In this regard, this edited volume audits some of the issues relating to the state of human rights standards and compliance, democratic consolidation and development in Ghana, as well as to bring forward how Ghana has contributed to the political, economic, cultural and ideological development in Africa. Through a human rights-based approach to governance and socio-economic development, the book examines the experiences of Ghana, selected experiences of other African countries and the African Union in advancing good governance and human rights over the years, on the journey to attain shared prosperity for all. The book takes stock of major developments in the areas of civil and political as well as economic, social and cultural rights in Africa, the changing nature of democratisation, regional integration and Pan-Africanism, and the ways in which the African Union policies may impact on governance and human rights on the continent.

vi

This book is both apt and a timely addition to the discussion on good governance, democratic consolidation and respect for human rights in Africa. Practitioners, students and scholars of political science, law, human rights, gender studies, and African studies will find this book an important guide to the evolving governance and human rights issues in twenty-first century Africa.

Nana Addo Dankwa Akufo-Addo President of the Republic of Ghana December 2017

vii

ABBREVIATIONS AND ACRONYMS

ACDEG ACHPR ADB AEC AEDR AGA AHRLR AIDA APC APRM APSA ASI AUC AUEC AU BPfA CAADP CC CDF CEDAW

CEEC CESA CFTA CG CHRAJ CIBA COMESA CPP CRC CRC CRIC CRPD CSPOG CSSDCA

DFID DFP DOVVSU DPP DRC DRRC ECHR ECK ECOWAS EGLE EMBs EU

African Charter on Democracy, Elections and Governance African Charter on Human and Peoples’ Rights African Development Bank African Economic Community alternate electoral dispute resolution African Governance Architecture African Human Rights Law Report accelerated industrial development for Africa All People's Congress African Peer Review Mechanism African Peace and Security Architecture All Share Index African Union Commission African Union Executive Council African Union Beijing Declaration and Platform for Action Comprehensive Africa Agriculture Development Programme Constitutional Court (of South Africa) Constituency Development Fund Convention on the Elimination of all forms of Discrimination against Women Citizens Economic Empowerment Commission Continental Education Strategy for Africa Continental Free Trade Area capitation grant Commission on Human Rights and Administrative Justice Council for Indigenous Business Associations Common Market for Eastern and Southern Africa Convention People's Party Constitutional Review Commission Convention on the Rights of the Child Constitution Review and Implementation Committee Convention on the Rights of Persons with Disabilities Civil Society Platform on Oil and Gas Conference on Security, Stability, Development and Cooperation in Africa Department for International Development Democratic Freedom Party Domestic Violence and Victims Support Unit Democratic People's Party Democratic Republic of the Congo District Registration Review Committee European Convention on Human Rights Electoral Commission of Kenya Economic Community of West African States Every Ghanaian Living Everywhere Electoral Management Bodies European Union

viii

EU EOM FAGs FDI FNDP FRA FSDP FSP GAS GBC GCPP GDP GDRP GFC GFP GIMPA GLR GNI GNP GPAS GPRS GRP GSFP GSGDA HRSA HRC HSIC ICC ICCPR ICESCR IDEA IDPs IEBC IIEC IFRS IGP ILO IIAG IMF IPAC IPP IP IPU IREC KNDR LEAP LP LUSE MAP MDGs MMDAs MMM

EU Election Observation Mission foreign aid and grants foreign direct investment Fifth National Development Plan Food Reserve Agency (Zambia) Financial Sector Development Programme Food Security Pack Ghana National Accounting Standards Ghana Broadcasting Corporation Great Consolidated Popular Party gross domestic product Ghana Democratic Republican Party Global Financial Crisis Ghana Freedom Party Ghana Institute of Management and Public Administration Ghana Law Reports gross national income Ghana National Party Ghana’s Poverty Alleviation Strategy Ghana Growth and Poverty Reduction Strategy Ghana Redevelopment Party Ghana School Feeding Programme Ghana Shared Growth and Development Agenda Human Rights Strategy for Africa Human Rights Committee Heads of State and Government Implementation Committee International Criminal Court International Covenant on Civil and Political Rights International Covenant on Economic, Social and Cultural Rights International Institute for Democracy and Electoral Assistance internally displaced persons Independent Electoral and Boundaries Commission Interim Independent Electoral Commission International Financial Reporting Standards Inspector General of Police International Labour Organisation Ibrahim Index of African Governance International Monetary Fund Inter-Party Advisory Committee Independent People's Party internet protocol Inter-Parliamentary Union Independent Review Commission Kenya National Dialogue and Reconciliation Livelihood Empowerment Against Poverty Labour Party Lusaka Stock Exchange Millennium African Recovery Programme Millennium Development Goals metropolitan, municipal and district assemblies Mouvement Militant Mauricien

ix

MPA MSM NCCE NCP NCWD NDC NDP NEPAD NGO NHIS NIP NLA NPP NPRA NRC NRP NSPS NVP OAU ODA ODI OHCHR

OIF

OSCE PAP PAS PCA PCP PEPA PIAC PIDA PMR-NAC PMSD PNC PNDC PNDCL POTRAZ

PPLC PPP PRC PRMA PSC PSD PSM PWAS PWD RECs RPD RSF

Marital Property Agreement Mouvement Socialiste Mauricien National Commission on Civic Education National Convention Party National Council on Women and Development National Democratic Congress National Democratic Party New Partnership for Africa’s Development non-governmental organisation National Health Insurance Scheme National Independence Party National Lottery Authority New Patriotic Party National Pension Regulatory Authority National Redemption Council National Reform Party National Social Protection Strategy New Vision Party Organisation of African Unity Official Development Assistance Overseas Development Institute Office of the United Nations High Commissioner for Human Rights Commonwealth of Nations as well Organisation de la Francophonie Organisation for Security and Co-operation in Europe Pan-African Parliament Poverty Alleviation Strategy Petroleum Commission Act People's Convention Party Petroleum Exploration and Production Act Public Interest and Accountability Committee Programme Infrastructure Development for Africa pre-marital relationships not amounting to cohabitation Parti Mauricien Social Democrate People's National Convention Peoples National Defense Council Provisional National Defence Council Law Post and Telecommunications Regulatory Authority of Zimbabwe Political Parties Liaison Committee Progressive People's Party Permanent Representative Committee Petroleum Revenue Management Act Peace and Security Council Private Sector Development Public Sector Management Public Welfare Assistance Scheme persons with disabilities Regional Economic Communities Reformed Patriotic Democrats Reporters without Borders

x

RTI SADC SALR SAP SCGLR SCTS SSA SSL SSNIT SSS STC TJRC UAS UDHR UDSP UFP UGM UK ULP UN UNECA UNHCR UNICEF UPP URP USA USAID WAJU YPP ZANU PF

right to information Southern African Development Community South African Law Reports Structural Adjustment Programme Supreme Court of Ghana Law Reports Social Cash Transfer Scheme sub-Saharan Africa social security law Social Security and National Insurance Trust social security scheme Specialized Technical Committees Truth, Justice and Reconciliation Commission Union of African States Universal Declaration of Human Rights United Development System Party United Front Party United Ghana Movement United Kingdom United Love Party United Nations United Nations Economic Commission for Africa United Nations High Commissioner for Refugees United Nations Children’s Fund United Progressive Party United Renaissance Party United States of America United States Agency for International Development Women and Juvenile Units Yes People's Party Zimbabwe African National Union Patriotic Front

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