Direct Request (CEACR) - adopted 1999, published 88th ILC session (2000)

Referring to its observation, the Committee hopes that the Government's next report will include full information on the matters raised in its previous direct request, which concerned the following matters:

1. The Committee previously noted the provisions of the Emergency Powers Act, 1994. It noted that, according to section 7 of the Act, no action or step taken in pursuance of a state of emergency under this Act or any other enactment may be held to be inconsistent with or in contravention of the provisions contained in articles 12 to 30 of the Constitution concerning fundamental human rights and freedoms. The Committee requests the Government to supply in its future report copies of any declaration made under section 1 and of any executive instruments, orders or declarations made under section 6 of the Emergency Powers Act, 1994.

Article 1(a) of the Convention

2. In its earlier comments the Committee referred to section 182A of the Criminal Code, under which certain activities in connection with prohibited organizations are punishable by imprisonment (involving an obligation to work). It recalls that in an earlier report the Government had stated that there had been no prosecutions under this legislation. The Committee accordingly expressed the hope that this legislation would be amended or repealed. It trusts that the Government will indicate in its next report what steps have been taken in this regard, in the light of Article 1(a) of the Convention and the explanations given in paragraphs 112 and 113 of the Committee's 1968 General Survey on forced labour.

These paragraphs read as follows:

112. In many countries, associations may be freely established and may develop their activities without interference from the authorities. Certain formal requirements relating to registration may exist, but without having the effect of making an association subject to prior approval. Although associations may become illegal if they engage in specific criminal activities, the relevant penal legislation is not worded in terms which would prevent either individuals or groups of individuals from expressing their views or engaging in peaceable political activity.

113. In a number of countries, however, restrictions of varying severity exist on the possibility for individuals to constitute organized groups. In some countries, all political parties and activities of a party-political nature have been prohibited, subject to penalties involving an obligation to perform labour. In certain other cases, a similar prohibition applies to all parties or associations of a political character other than a specified national movement or party. Legislation may also prohibit particular kinds of groups or associations, for example, those aimed at impairing the existing social order, or associations or groups of a communist character. In so far as these various provisions are enforced by penalties involving an obligation to perform labour, their practical application might permit the imposition of forced or compulsory labour within the meaning of the 1957 Convention. This possibility may also arise where the public authorities enjoy wide discretionary powers to prohibit associations on general grounds such as national interest, public policy, welfare or good order. It is to be noted that the legislation in question sometimes contains very extensively worded penal provisions for activities related to a prohibited organization. Even where the dissolution of associations is pronounced by a court and in accordance with due process of law, it may be necessary to obtain information on the practical application of the relevant provisions and on the consequences which the prohibition of a particular party or association may have on the right of individuals to express ideological and political views and to engage in peaceable political activity, so as to ensure that no penalties involving any form of forced or compulsory labour may be imposed in circumstances covered by the Convention.

3. The Committee noted that under section 9 of the Public Order Act, 1994, and section 29, read together with sections 2, 4, 5, 8 and 24 of the Political Parties Law, 1992, concerning activities related to a political party or such activities that are considered to be a "special event" or do not respect certain measures taken in the interest of defence, public safety or the protection of the rights and freedom of other persons, imprisonment (including the obligation to perform prison labour) may be imposed as a penalty.

It requests the Government to provide information on the application of these provisions in practice, including information on the definition of such general terms as the term "not national in character" (section 2, subsection 2, of the Political Parties Law, 1992) and the interest of defence, public safety and the protection of the rights and freedoms of other persons (section 4 of the Public Order Act, 1994). The Committee asks the Government to supply in particular examples of convictions concerning the violation of the provisions concerning "special events" (section 9(a) to (c) of the Public Order Act, 1994) and the registration and activities related to the activities of political parties (sections 2, 4, 5, 8 and 24 of the Political Parties Law, 1992), including copies of any judicial decisions.

4. The Committee previously noted that under section 183(2) of the Penal Code and section 3 of the Newspaper Licensing Decree, 1973, imprisonment (involving an obligation to work) may be imposed for violations of legislation on publication and distribution of periodicals and licensing requirements for publishing. The Committee referred to paragraph 108 of the abovementioned 1968 General Survey and paragraphs 138 to 140 of its 1979 General Survey on the abolition of forced labour, where it pointed out that the imposition of compulsory labour within the meaning of the Convention may result from systems depriving persons of the right to publish their views by a discretionary administrative decision which is not dependent on the commission of a crime or subject to judicial review but which is enforced by penalties involving an obligation to perform labour. The Committee hopes that the Government will indicate in its next report the measures taken with regard to these provisions to ensure the observance of the Convention.

5. The Committee again requests the Government to supply information on the practical application of section 21 of the Aliens Act, 1963, sections 183(3)-(5) (regarding seditious offences) and section 183A of the Criminal Code (publication of any matter insulting to the President), including copies of any judicial decisions which may serve to define or illustrate their precise scope.

6. Please provide a copy of the annual report of the Human Rights Commission.

Article 1(c) and (d)

7. In its earlier comments, the Committee noted that penalties of imprisonment (involving an obligation to perform labour) may be imposed under sections 122(2) and 147(1), (b), (c) and (e) of the Merchant Shipping Act, 1963 (concerning certain disciplinary offences by seafarers), section 6 of the Protection of Property (Trade Dispute) Ordinance and sections 21 and 22 of the Industrial Relations Act, 1965 (prohibiting certain kinds of strikes). The Committee noted the Government's statement that the necessary measures to bring the legislation into conformity with the Convention were being considered. Recalling that in earlier reports the Government stated that no offences had been committed under these provisions, the Committee hopes that measures will soon be adopted to bring this legislation into conformity with Article 1(c) and (d) of the Convention, and that the Government will report on the action taken.

8. The Committee noted that section 9(2)(d) of the Public Tribunals Law, 1984, creates an offence in respect of any act or omission which is shown to be detrimental to the economy of Ghana or to the welfare of the sovereign people of Ghana; likewise, under section 9(1)(a) of the same Law, any person who by any wilful act or omission or who recklessly causes or caused any loss, damage or injury to the property of any public body, whether monetary or otherwise, is guilty of an offence; and under section 16(2) to (4) persons convicted of such an offence may be punished with imprisonment (involving an obligation to perform labour) or assignment to communal or manual labour as determined by the tribunal. Referring to the explanations provided in paragraphs 118 and 123 of its 1979 General Survey on the abolition of forced labour, the Committee observed that these provisions permit the imposition of compulsory labour as a punishment for offences drafted in terms too general to be compatible with Article 1(c) and (d) of the Convention.

The Committee again requests the Government to indicate any measures taken or contemplated with regard to the abovementioned sections 9(1)(a), 2(d) and 16(2) to (4) of the Public Tribunals Law to ensure the observance of the Convention. Pending amendment of these provisions, the Committee asks the Government to provide information on their practical application, including copies of any court decisions made thereunder.

9. The Committee furthermore noted the following provisions of the Public Tribunals Law, 1984:

-- section 9(1)(f), concerning any act intended to sabotage the economy of Ghana;

-- section 9(1)(j), concerning false information;

-- section 9(2)(c), in so far as it refers to breaches of any enactment or law causing financial loss to the State or damage to the welfare of the people.

In order to be able to ascertain the compatibility of these provisions with Article 1(a), (c) and (d) of the Convention, the Committee again requests the Government to supply information on their practical application, including any relevant court decisions.