‘Engage leadership of Sodom and Gomorrah’

The Commission on Human Rights and Administrative Justice (CHRAJ) has tasked the Ministries of Local Government and Rural Development; Gender, Children and Social Protection; and Justice and Attorney-General to take urgent steps to engage the leadership of persons affected by the recent demolition exercise.

A statement signed by Mr Joseph Whittal, CHRAJ Deputy Commissioner, and copied to the Ghana News Agency in Accra said: “As the national human rights institution, the Commission is prepared to collaborate with Government, and particularly the AMA, to find ways of dealing with the challenges emanating from this forced eviction.

The Commission has assured all stakeholders that it will take up the responsibility of monitoring the aftermath of the demolition exercise to ensure that the necessary human rights standards are adhered to.

The statement urged all state agencies to strictly adhere to internationally accepted principles and standards on forced evictions and demolitions.

"Meanwhile, the Commission takes serious view of the inertia and the apparent acquiescence displayed by officialdom for almost two decades, thereby generating such a national issue of complex social, economic and, to some extent, assuming political dimensions," the statement said.

CHRAJ explained that Ghana subscribes to the Universal Declaration of Human Rights as the standard-setting human rights instrument and is a state party to key international human rights treaties and conventions, which aim to protect the rights of all persons more especially vulnerable persons and groups.

Notably the Convention on the Rights of the Child (CRC), the Convention on the Elimination of All Forms of Discrimination against Women (CEDAW), the International Covenant on Civil and Political Rights, and particularly the International Covenant on Economic, Social and Cultural Rights (ICESCR).

CHRAJ said all these international laws underpin the right to housing as component of the right to an adequate standard of living, among others.

The statement said: "Indeed, the 1992 Constitution clearly articulates Ghana’s commitment to upholding human rights norms and laws and, specifically, article 40 of the Constitution expressly states that Government shall promote the respect for international law, treaty obligations.

Adhere to the principles, aims and ideals enshrined in the Charter of the United Nations and any other international organisation of which Ghana is a member."

It is, therefore, incumbent on the Government acting through its agency, the AMA in this case, to adhere to international human rights norms, principles and standards in relation to eviction of the people inhabiting the demolished structures at Agbogbloshie – Sodom and Gomorrah.

"The Commission draws the AMA’s attention to its obligation as an agent of the State of Ghana to respect the human rights standards.

These include respect, protection and fulfilment of all human rights, in this context, prohibition of forced, arbitrary evictions and demolition of houses; protection of everyone against being arbitrarily displaced from their homes or place of habitual residence; protection of the rights of children and women and other vulnerable groups such as the disabled, and aged."

The statement said the Commission holds the view that demolition exercises may be carried out under exceptional conditions.

However, due regard must be given to the appropriate procedures for lawful evictions and full justification, encompassing the absence of reasonable alternatives, must be given mindful of the adverse human rights ramifications inherent in such an undertaking.

“Where it becomes necessary that demolition exercises are carried out, the procedures of forced evictions provided for as stated under the above mentioned international human rights legal and normative frameworks pertaining to the right to adequate housing (and the protection against forced eviction) must be taken into consideration.

“Where eviction is considered to be justified, it should be carried out in strict compliance with the relevant provisions of international human rights law and in accordance with general principles of reasonableness and proportionality,” CHRAJ stated.

CHRAJ noted that international human rights standards require appropriate notice be given to all potentially affected persons, including public hearings on the proposed eviction and alternatives for affected persons.

The statement said "Essentially, the AMA has to provide effective and adequate opportunities for dialogue and consultation to all affected persons, including adopting special measures to protect the rights of women, children and other vulnerable and marginalised groups during the eviction resulting in the demolition.

These principles and standards regarding forced evictions or demolitions apply to all persons irrespective of whether they hold legal title to home and property under domestic law Ghanaian law."