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Ghana

Executive Summary

Ghana is a constitutional democracy with a strong presidency and a unicameral 275-seat parliament. Presidential and parliamentary elections conducted in December 2020 were generally peaceful, although there were isolated incidents of violence during the voting and vote count, resulting in as many as eight deaths, some by security forces. Domestic and international observers assessed the elections to be transparent, inclusive, and credible.

The Ghana Police Service, under the Ministry of the Interior, is responsible for maintaining law and order; however, the military, which reports to the Ministry of Defense, continued to participate in law enforcement activities in a support role, such as by protecting critical infrastructure and by enforcing measures to combat COVID-19. The National Intelligence Bureau handles cases considered critical to state security and answers directly to the Ministry of National Security. Civilian authorities generally maintained effective control over the security forces. There were credible reports that members of the security forces committed some abuses.

Significant human rights issues included credible reports of: arbitrary or unlawful killings by the government or its agents; cases of cruel, inhuman or degrading treatment or punishment by the government or on behalf of the government; harsh and life-threatening prison conditions; arbitrary arrest or detention; serious restrictions on free expression and media, including violence and threats of violence against journalists, and unjustified arrests or prosecutions of journalists; substantial interference with freedom of assembly; serious government corruption; lack of investigation of and accountability for gender-based violence, including but not limited to domestic or intimate partner violence; crimes involving violence or threats of violence targeting persons with disabilities; crimes involving violence or threats of violence targeting lesbian, gay, bisexual, transgender, queer or intersex persons; existence of laws criminalizing consensual same-sex sexual conduct between adults; and existence of the worst forms of child labor.

The government took some steps to address corruption and human rights abuses by officials, whether in the security forces or elsewhere in the government. Impunity remained a problem, however.

Section 6. Discrimination and Societal Abuses

Women

Rape and Domestic Violence: The law criminalizes rape of women but not spousal rape. Sexual assault on a man may be charged as indecent assault. Prison sentences for rape range from five to 25 years, while indecent assault is a misdemeanor subject to a minimum term of imprisonment of six months. Domestic violence is punishable by a fine or a sentence of up to two years imprisonment. Rape and domestic violence remained serious problems. Authorities did not enforce the law effectively.

In July the Koforidua Circuit Court B sentenced a man to a nine-year, five-month term of incarceration for throwing acid on his girlfriend and her mother. The survivors sustained serious injuries that required hospitalization.

In August police in the Central Region arrested 14 men in connection with the alleged shooting and rape of a girl, age 13, who required hospitalization.

The Domestic Violence and Victim Support Unit (DOVVSU) of the Ghana Police Service worked closely with the Department of Social Welfare, the Domestic Violence Secretariat, CHRAJ, the Legal Aid Commission, the Ark Foundation, UNICEF, the UN Population Fund, the national chapter of the International Federation of Women Lawyers, and several other human rights NGOs to address rape and domestic violence.

In 2020 there were two government-run shelters for survivors of domestic violence, the Madina Social Welfare Center and the Center for Abused Children. On June 21, DOVVSU established a third shelter, the national One-Stop Center colocated with the Criminal Investigations Department of the Ghana Police Service. This new facility hosted ancillary agencies of the DOVVSU-Legal Aid office, a shelter for survivors of domestic violence, a social welfare unit, a holding cell for suspects, an interviewing room for minors, and two courts with seconded judges and prosecutors for domestic violence cases.

DOVVSU continued to teach a course on domestic violence case management for police officers assigned to the unit. It had one clinical psychologist to assist domestic violence survivors. DOVVSU tried to reach the public through various social media accounts. DOVVSU also addressed rape through public education efforts on radio and in communities, participation in efforts to prevent child marriage and gender-based violence, expansion of its online data management system to select police divisional headquarters, and data management training.

Pervasive cultural beliefs in gender roles, as well as sociocultural norms and stereotypes, posed additional challenges to combatting domestic violence. For example, media reported in 2020 that the central regional coordinator for DOVVSU stated that “denying your spouse sex amounted to emotional abuse” and suggested that men whose wives denied them sex could report them to the DOVVSU.

Unless specifically called upon by the DOVVSU, police seldom intervened in cases of domestic violence, in part due to a lack of counseling skills and shelter facilities to assist survivors. Few of the cases in which police identified and arrested suspects for rape or domestic abuse reached court or resulted in convictions due to witness unavailability, inadequate training on investigatory techniques, police prosecutor case mismanagement, and, according to the DOVVSU, lack of resources on the part of survivors and their families to pursue cases. Police could refer survivors to government or NGO-operated shelters. In cases deemed less severe, survivors were returned to their homes. Authorities reported officers occasionally had no alternative but to shelter survivors in the officers’ own residences until other arrangements could be made.

Female Genital Mutilation/Cutting (FGM/C): Several laws include provisions prohibiting FGM/C. Although rarely performed on adult women, the practice remained a serious problem for girls younger than age 18 in some regions. According to the Ministry of Gender, Children, and Social Protection, FGM/C was significantly higher in the Upper East Region with a prevalence rate of 27.8 percent, compared with the national rate of 3.8 percent. According to the 2017 to 2018 Multiple Indicator Cluster Survey (MICS), women in rural areas were subjected to FGM/C three times more often than women in urban areas (3.6 percent compared with 1.2 percent). Intervention programs were partially successful in reducing the prevalence of FGM/C, particularly in the northern regions.

Other Harmful Traditional Practices: The constitution prohibits practices that dehumanize or are injurious to the physical and mental well-being of a person. Media reported several killings and attempted killings for ritual purposes. In the Northern, North East, Upper East, and Upper West Regions, families or traditional authorities banished rural women and men suspected of “witchcraft” to “witch camps.” Most of those accused of witchcraft were older women, often widows. Some persons suspected to be witches were killed. According to a local group, there were six witch camps throughout the country, holding approximately 2,000 to 2,500 adult women and 1,000 to 1,200 children. One camp saw its numbers go down significantly due to education, support, and reintegration services provided by the Presbyterian Church. The Ministry of Gender, Children, and Social Protection has the mandate to monitor witch camps but did not do so effectively.

The law criminalizes harmful mourning rites, but such rites continued, and authorities did not prosecute any perpetrators. In the north, especially in the Upper West and Upper East Regions, some widows were required to undergo certain rites to mourn or show devotion for a deceased spouse. The most prevalent widowhood rites included a one-year period of mourning, tying ropes and padlocks around the widow’s waist or neck, forced sitting beside the body of the deceased spouse until burial, solitary confinement, forced starvation, shaving the widow’s head, and smearing clay on the widow’s body. In the Northern and Volta Regions along the border with Togo, wife inheritance, the practice of forcing a widow to marry a male relative of her deceased husband, continued.

On April 8, police arrested two youths from Kasoa for a ritual killing. According to media reports, the youths were following instructions given to them by a “witch doctor” supposedly promoting a syncretic form of Christianity and local beliefs, using body parts of victims to bring wealth to practitioners.

Sexual Harassment: No law specifically prohibits sexual harassment, although authorities prosecuted some sexual harassment cases under assault and other provisions of the criminal code.

Reproductive Rights: There were no reports of coerced abortion or involuntary sterilization on the part of government officials.

The government provided access to sexual and reproductive health services for survivors of sexual violence through the National Health Insurance Scheme. This included emergency contraception as part of the clinical management of rape cases.

In 2017 the maternal mortality rate was 308 per 100,000 live births, according to the UN Trends in Maternal Mortality report. A lack of skilled birth attendance, especially in rural areas, was a major contributing factor. According to the UN Population Fund, the contraceptive prevalence rate was 27 percent for women ages 15 to 49.

Discrimination: The constitution and law provide for the same legal status and rights for women as for men under family, labor, property, nationality, and inheritance laws. While the government generally made efforts to enforce the law, predominantly male tribal leaders and chiefs are empowered to regulate land access and usage within their tribal areas. Within these areas women were less likely than men to receive access rights to large plots of fertile land. Widows often faced expulsion from their homes by their deceased husband’s relatives, and they often lacked the awareness or means to defend property rights in court.

Systemic Racial or Ethnic Violence and Discrimination

The law protects members of racial or ethnic minorities from violence and discrimination, but it was unclear if the government enforced them effectively.

Unlike in 2020 when municipal authorities closed more than 100 shops owned or operated by Nigerian nationals in the Ashanti Region for violation of municipal or commercial regulations, border closures due to COVID-19 prevented foreign traders from entering the country and eliminated the tension between foreign traders and local authorities.

Children

Birth Registration: Citizenship is derived by birth in the country or outside if either of the child’s parents or one grandparent is a citizen. Children unregistered at birth or without identification documents may be excluded from accessing education, health care, and social security. Although having a birth certificate is required to enroll in school, authorities indicated children would not be denied access to education based on a lack of documentation. According to the MICS, birth registration increased with levels of education and wealth and was more prevalent in urban centers than in rural areas. Authorities adjudicated birth registrations in a nondiscriminatory manner.

Education: The constitution provides for tuition-free, compulsory, and universal basic education for all children from kindergarten through junior high school. The government continued to implement tuition-free enrollment in senior high school, including by rolling out a “double-track” system that helped increase enrollment from 800,000 in the 2016-17 school year to 1.2 million in the 2019-20 school year.

Girls in the northern regions and rural areas throughout the country were less likely to continue and complete their education due to the weak quality of educational services, inability to pay expenses related to schooling, prioritization of boys’ education over girls’, security problems related to distance between home and school, lack of dormitory facilities, and inadequate sanitation and hygiene facilities. After closures of schools over several months in 2020 due to the COVID-19 pandemic, in August all public schools opened for the regular school year with in-person learning.

Child Abuse: The law prohibits sex with a child younger than age 16 with or without consent and sexual abuse of minors. There continued to be reports of male teachers sexually assaulting and harassing both female and male students. Physical abuse and corporal punishment of children were concerns. Local social workers rarely effectively monitored cases of child abuse and neglect.

Child, Early, and Forced Marriage: The minimum legal age for marriage for both sexes is 18. Early and forced child marriage, while illegal, remained a problem, with 34 percent of girls living in the five northern regions of the country marrying before age 18. According to the MICS, child marriage was highest in the Northern, North East, Upper East, Savannah, and Volta Regions; it was lowest in the Greater Accra, Ashanti, and Ahafo Regions.

The Child Marriage Unit of the Domestic Violence Secretariat of the Ministry of Gender, Children, and Social Protection continued to lead governmental efforts to combat child marriage. The ministry’s National Strategic Framework on Ending Child Marriage in Ghana (2017-26) prioritized interventions focused on strengthening government capacity to address neglect and abuse of children, girls’ education, adolescent health, and girls’ empowerment through skills development. The National Advisory Committee to End Child Marriage and the National Stakeholders Forum, with participation from key government and civil society participants, provided strategic guidance and supported information sharing and learning on child marriage among partners in the country. The Child Marriage Unit maintained a manual with fact sheets and frequently asked questions, and used social media accounts to reach wider audiences.

Sexual Exploitation of Children: The law prohibits commercial sexual exploitation of children, although it does not specifically mention sale, offering or use of children for commercial sex. Authorities did not effectively enforce the law. The minimum age for consensual sex is 16, and participating in sexual activities with anyone younger than 16 is illegal. The law criminalizes the use of a computer to publish, produce, procure, or possess child pornography.

Infanticide or Infanticide of Children with Disabilities: The law bans infanticide, but several NGOs reported that communities in the Upper East Region killed “spirit children” born with physical disabilities who were suspected of being possessed by evil spirits. Local and traditional government entities cooperated with NGOs to raise public awareness concerning causes of and treatments for disabilities and to rescue children at risk of ritual killing. Authorities enforced governing prohibitions on infanticide.

Displaced Children: The migration of children to urban areas continued due to economic hardship in rural areas. Children often had to support themselves to survive, contributing to both child sexual exploitation and the school dropout rate. Girls living on the streets were among the most vulnerable to commercial sexual exploitation.

International Child Abductions: The country is not a party to the 1980 Hague Convention on the Civil Aspects of International Child Abduction. See the Department of State’s Annual Report on International Parental Abduction at https://travel.state.gov/content/travel/en/International-Parental-Child-Abduction/for-providers/legal-reports-and-data/reported-cases.html.

Persons with Disabilities

Persons with disabilities could not access education, health services, public buildings, and transportation on an equal basis with others. The law prohibits discrimination against persons with disabilities and protects the rights of persons with disabilities’ access to health services, information, communications, transportation, public spaces such as schools and public buildings, the judicial system, and other state services, but the government did not effectively enforce the law. Few adults with disabilities had employment opportunities in the formal sector. In September the Ghana Federation of Disability Organizations reported there was a slight increase in the number of workers with disabilities in the local government sector.

Some children with disabilities attended specialized schools that focused on their needs. The Ghana Education Service, through its Special Education Unit, supported education for children who are deaf or hard of hearing or have vision disabilities through 14 national schools for deaf and blind students, in addition to one private school for them.

Persons with both mental and physical disabilities, including children, were frequently subjected to abuse and intolerance. Authorities did not regularly investigate and punish violence and abuses against persons with disabilities. Children with disabilities who lived at home were sometimes tied to trees or under market stalls and were caned regularly; families reportedly killed some of them.

Thousands of persons with mental disabilities, including children as young as seven, were sent to spiritual healing centers known as “prayer camps,” where mental disability was often considered a “demonic affliction.” Some residents were chained for weeks in these environments, denied food for days, and physically assaulted. Officials took few steps to implement the law that provides for monitoring of prayer camps and bars involuntary or forced treatment. International donor funding helped support office space and some operations of the Mental Health Authority.

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