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Indigenous and Tribal Populations Convention, 1957 (No. 107) - Ghana (RATIFICATION: 1958)

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Prospects for the ratification of the most up-to-date Convention. The Committee previously noted the Government’s indication that the diverse ethnic groups existing in the country were nationally integrated and enjoyed the same rights against discrimination as all citizens, as well as the Government’s will to ensure respect for customs and traditions of all ethnic groups. The Government further indicated that the invitation to examine the possibility of ratifying the Indigenous and Tribal Peoples Convention, 1989 (No. 169), which revised Convention No. 107, had been communicated to the sector ministry for consideration.

In its report, the Government indicates that it will commence consultation to review the ratification of Convention No. 169 and will provide information to the Committee in the next report. The Committee welcomes this information. It recalls that, at its 328th Session in November 2016, the Governing Body requested the Office to commence follow-up with the Member States bound by Convention No. 107, encouraging them to ratify Convention No. 169, as the most up-to-date instrument in this subject area. In this regard, the Committee observes that, in the context of the implementation of the ILO Strategy for indigenous peoples’ rights for inclusive and sustainable development, the Office can provide the appropriate support to countries that so wish, including by conducting preliminary assessments and building capacities to establish a legal, strategic and institutional framework to facilitate the implementation of Convention No. 169 (see document GB.334/POL/2). In these circumstances, the Committee reminds the Government of the possibility of availing itself of ILO technical assistance and encourages it to continue taking steps with a view to undertaking the consultations for the possible ratification of Convention No. 169, which is the most up-to-date instrument in this subject area.

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The Committee notes that the Government’s report has not been received. It hopes that the next report will contain full information on the matters raised in its previous comments initially made in 2015.

Repetition

The Committee notes that the Government indicates in its report that the invitation to examine the possibility of ratifying the Indigenous and Tribal Peoples Convention, 1989 (No. 169), which revised Convention No. 107, was well noted, and has been communicated to the sector ministry for consideration. Moreover, the Government adds that it would not hesitate to seek technical assistance from the Office if such need arises. The Committee recalls that the Governing Body, at its 328th Session (November 2016), invited States parties to Convention No. 107 to contemplate ratifying the Indigenous and Tribal Peoples Convention, 1989 (No. 169), which will, ipso jure, involve the immediate denunciation of Convention No. 107 (document GB.328/LILS/2/1(Rev.). The Committee invites the Government to continue to provide information on the steps taken with a view to a possible ratification of Convention No. 169, including the consultations held with the social partners in this regard.

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The Committee notes that the Government indicates in its report that the invitation to examine the possibility of ratifying the Indigenous and Tribal Peoples Convention, 1989 (No. 169), which revised Convention No. 107, was well noted, and has been communicated to the sector ministry for consideration. Moreover, the Government adds that it would not hesitate to seek technical assistance from the Office if such need arises. The Committee recalls that the Governing Body, at its 270th Session (November 1997), invited States parties to Convention No. 107 to contemplate ratifying the Indigenous and Tribal Peoples Convention, 1989 (No. 169), which will, ipso jure, involve the immediate denunciation of Convention No. 107 (document GB.207/LILS/3(Rev.1). The Committee invites the Government to continue to provide information on the steps taken with a view to a possible ratification of Convention No. 169, including the consultations held with the social partners in this regard.

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The Committee notes that the Government’s report has not been received. It must therefore repeat its 2008 observation, which read as follows:

Repetition
The Committee recalls its 2005 comments which noted the Government’s will to ensure respect for the equal rights and customs and traditions of all ethnic groups and invited the Government to examine the possibility of ratifying the Indigenous and Tribal Peoples Convention, 1989 (No. 169), which revised the Indigenous and Tribal Populations Convention, 1957 (No. 107). The Committee notes from the Government’s report that a recommendation in support of ratification of Convention No. 169 by Ghana had been made to the responsible minister and that the matter was under consideration. The Committee welcomes this development and requests the Government to provide information on the steps taken with a view to a possible ratification of Convention No. 169. The Committee also encourages the Government to seek any technical assistance necessary from the ILO in this regard.

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The Committee recalls its 2005 comments which noted the Government’s will to ensure respect for the equal rights and customs and traditions of all ethnic groups and invited the Government to examine the possibility of ratifying the Indigenous and Tribal Peoples Convention, 1989 (No. 169), which revised the Indigenous and Tribal Populations Convention, 1957 (No. 107). The Committee notes from the Government’s report that a recommendation in support of ratification of Convention No. 169 by Ghana had been made to the responsible minister and that the matter was under consideration. The Committee welcomes this development and requests the Government to provide information on the steps taken with a view to a possible ratification of Convention No. 169. The Committee also encourages the Government to seek any technical assistance necessary from the ILO in this regard.

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1. The Committee notes that, according to the Government’s report, the socio-economic and political conditions in the country have changed and that the Convention is not applicable in the Ghanaian context. According to the Government, no groups of the national population fall within the scope of the Convention today. The diverse ethnic groups are nationally integrated and enjoy the same rights against discrimination as all citizens. The Government is therefore considering denouncing the Convention.

2. The Committee has also noted the report of 1 October 2002 submitted by the Government under the International Convention on the Elimination of All Forms of Racial Discrimination (CERD/C/431/Add.3) and the conclusions of the Committee on the Elimination of Racial Discrimination (CERD/C/62/CO/4) of 2 June 2003. In the report to the CERD, the Government states that Ghana is an extremely diverse country, home to numerous ethnic groups having over 100 indigenous languages and a wide variety of cultural and religious practices. Despite these differences, Ghanaians have always endeavoured to live in peace, harmony and friendship, avoiding severe ethnic conflict. The Government also affirms that modern Ghana is a case study in diversity and that, with over 15 major ethnic groupings - each with its own distinct language, culture and traditional religious practices - spread over ten main administrative regions, Ghana is, at the least, multi-ethnic. In its conclusions, the CERD emphasizes the efforts made by the Government to ensure respect for the customs and traditions of various ethnic groups and the enjoyment of human rights for all. It also expresses its concern at the persistence of ethnic discrimination and notes that 25 per cent of the population feel discriminated against due to their tribal origins and that certain ethnic conflicts still exist.

3. The Committee of Experts, noting the above points, particularly the existence of at least 15 ethnic groups, the Government’s will to ensure respect for customs and traditions and also the fact that the purpose of Convention No. 107 is not solely the elimination of discrimination, but the promotion of social, economic and cultural development of the populations covered by the Convention, while respecting their particularities, as well as the rights of all citizens, requests the Government to study, with the ILO’s assistance, the possibilities and means of applying the Convention to certain tribal populations in the country. If the Government considers that the Convention is no longer applicable to the conditions prevailing in the country, the Committee invites the Government to examine the possibility of ratifying the Indigenous and Tribal Peoples Convention, 1989 (No. 169), which revises the Indigenous and Tribal Populations Convention, 1957 (No. 107). The Committee hopes that the Government will supply information on any requests made to the Office for technical assistance and their follow-up.