Educating Ghanaians On Human Rights

EDUCATING GHANAIANS ON HUMAN RIGHTS, N.C.C.E & C.H.R.A.J

There is no gainsaying the fact that majority of Ghanaians, both literate and the illiterate, are ignorant of their inherent and inalienable rights. This is also very true among both the urban dwellers and that of the rural areas. This development incontestably accounts for all forms of human right violations stretching from our homes down to work places. Most of our public officials in their bid to manipulate people, who need their services to their advantage, do this by infringing on their rights. It is not uncommon today for someone to be made to pay an unauthorised ‘fee’ before: protection can be offered him by some state agencies; procuring a passport, birth certificates and so forth; gaining admission into and/or being employed, though qualified and even taking an action in a court of law especially in cases where the person is not represented by a lawyer. The most frequently violated human rights is that of personal liberty[2].

This, sadly enough, is often perpetuated by some policemen who are statutorily mandated to enforce the law and for that matter, human rights. It is not rare for the police to arrest suspects and detain them for more than forty eight hours (48hrs) without sending them to court or admitting them to bail. Besides, a juvenile offender who is kept in lawful custody or detention is not often kept separately from an adult offender[3].

It is said that, the price of liberty is perpetual vigilance but in what way can Ghanaians do this if they don’t know what they should guide against? Whom to seek for protection when their liberty is in danger? How then shall they call on whom they do not know? And how shall they know without a ‘preacher’?[4] The supreme law of Ghana[5] in very clear and unambiguous terms has established among others, some independent institutions to remedy and to limit, if not to eradicate, the above situation. They include but not limited to National Commission for Civic Education (N.C.C.E) and Commission on Human Rights and Administrative Justice (CHRAJ). NCCE among its functions is: 1) to create and sustain within the society the awareness of the principles and objectives of the 1992 Constitution ; 2) to educate and encourage the public to defend the Constitution at all times, against all forms of abuse; 3) to inculcate in the citizenry the awareness of their civic responsibilities and an appreciation of their rights and obligations as free people; and so forth.


CHRAJ on its part is mandated aside its usual role of investigating complaint of human rights abuses and administrative impropriety, to educate the public as to human rights and freedom.


It must be conceded that NCCE and CHRAJ have in one way or the other being carrying out some if not all, of these functions in most parts of the country. The establishment of the civic education clubs in some second cycle institutions in the country by the former is worth commending. Currently, it has been reported in the dailies of how NCCE is educating some communities on the redenomination of the cedi by Bank of Ghana.


Notwithstanding, it is a matter of regret that the activities of the above institutions in relation to creating awareness on human rights among Ghanaians is below expectation. The impact of their activities seems not to be reflecting in the life of most people. Majority of the citizenry are totally unaware of their fundamental rights guaranteed under the constitution making it possible for some lawless conducts to be inflicted on them without even knowing where to seek remedy. Today in the Ghanaian society, corruption seems to be accepted as an ordained custom of which most people do not find anything wrong as far as it enables them to obtain what they want. The unjust in our midst are manipulating the ignorant. Of a truth, the importance of these institutions is highly unknown to these victims.


Meanwhile, the concept: “ignorance of the law is no excuse” is still applicable in Ghana. It captures the general attitude of law in respect of mistake of law which has never been regarded as a defence. Legally, mistake generally implies ignorance; mistake of law may therefore imply one of two things. Either: 1) an accused person is saying that he does not know that a particular law or rule exists, or 2) he does not understand that law. None of these two ways is a defence in a criminal trial. The oldest reported case is R V Bailey in 1800. In this case, the accused was on a voyage in the Atlantic Ocean when a law was passed prohibiting some conduct. Upon his return to the jurisdiction, he acted foul of the law and was prosecuted for it. Much as the court sympathized with him, the court nevertheless held that: ignorance of the law is no answer to a criminal charge. The Latin maxim is “ignorantia legis neminem excusat” (“ignorance of the law is no excuse for anybody”)

More importantly, our disadvantaged brothers and sisters in the hinterland are also faced with the same knowledge of law like their counterparts , the city dwellers or even like the parliamentary draftsmen in charge of drafting the laws when in brush with the law.


It is recommended that NCCE and CHRAJ should redouble their efforts in their quest to educate Ghanaians on their rights and freedoms. It is only when this is done that people can openly challenge others who might attempt to breach their freedom. Besides, Ghanaians will tend to benefit and understand the tenets of democracy of which they will be willing to support its development in the country. The government, corporate bodies or the well-to-do should support these institutions financially, logistically or any other manner to enable them to fulfil their important obligations under the constitution. Wake up NCCE and CHRAJ!!


--------------------------------- [1] Faculty of law KNUST,borncapy@yahho.com. Center For Human Rights and Advanced Legal Research (CHRELER), Aboabo No.2, Kumasi.


[2] Article 14, 1992 Constitution of Ghana.


[3] Article 15, ante

[4] Roman 10:14


[5] The 1992 Constitution