Ghana

Section 6. Discrimination, Societal Abuses, and Trafficking in Persons

Women

Rape and Domestic Violence: The law criminalizes rape of women but not spousal rape. Sexual assault on a male can be charged as indecent assault. Convicted rapists may be punished with prison sentences ranging from five to 25 years, while indecent assault is a misdemeanor subject to a minimum term of imprisonment of six months.

Rape and domestic violence remained serious problems. Survey data released in 2016 suggested 27.7 percent of women and 20 percent of men had experienced at least one type of domestic violence in the 12 months prior to the study.

The Domestic Violence and Victim Support Unit (DOVVSU) of the Police Service worked closely with the Department of Social Welfare, Domestic Violence Secretariat, CHRAJ, the Legal Aid Board, Ark Foundation, UNICEF, UN Population Fund (UNFPA), the national chapter of the International Federation of Women Lawyers, and several other human rights NGOs to address rape and domestic violence. Inadequate resources and logistical capacity in the DOVVSU and other agencies, however, hindered the full application of the law.

Unless specifically called upon by the DOVVSU, police seldom intervened in cases of domestic violence, in part due to a lack of counseling skills, shelter facilities, and other resources to assist victims. In cases where police identified and arrested suspects for rape or domestic abuse, few of the cases reached court or resulted in conviction due to witness unavailability, inadequate resources and training on investigatory techniques and police prosecutor case management, and, according to DOVVSU, lack of resources on the part of victims and their families to pursue cases.

The DOVVSU addressed rape through public education efforts on radio and in communities, participation in efforts to prevent child marriage and sexual and gender based violence, expanding the implementation of its online data management system to select police divisional headquarters, and data management training.

Female Genital Mutilation/Cutting (FGM/C): Several laws include provisions prohibiting FGM/C. It was rarely performed on adult women, but the practice remained a serious problem for girls under 18 years of age. Intervention programs were partially successful in reducing the prevalence of FGM/C, particularly in the northern regions.

For more information, see:

https://data.unicef.org/resources/female-genital-mutilation-cutting-country-profiles/ 

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. For example, in April a man from Western Region confessed to killing and decapitating his six-year-old son in order to gain spiritual power. In the Northern, Upper East, and Upper West Regions, rural women and men suspected of “witchcraft” were banished by their families or traditional village authorities to “witch camps.” Such camps were distinct from “prayer camps,” to which persons with mental illness were sometimes sent by their families to seek spiritual healing. Some persons suspected of witchcraft were also killed. The Ministry of Gender, Children, and Social Protection monitored witch camps.

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, widows are required to undergo certain indigenous rites to mourn or show devotion for the 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 by the deceased spouse until burial, solitary confinement, forced starvation, shaving the widow’s hair, 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.

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

Coercion in Population Control: There were no reports of coerced abortion, involuntary sterilization, or other coercive population control methods. Estimates on maternal mortality and contraceptive prevalence are available at: www.who.int/reproductivehealth/publications/monitoring/maternal-mortality-2015/en/ .

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. 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.

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. Some children were reportedly denied education because their births were not registered, although having a birth certificate is not a legal precondition to attend school. The country launched an automated birth registration system in 2016 aimed at enhancing the ease and reliability of registration. For additional information, see Appendix C.

Education: The constitution provides for tuition-free, compulsory, and universal basic education for all children from kindergarten through junior high school. In September the government began phasing in a program to provide tuition-free enrollment in senior high school, beginning with first-year students. Girls in rural and the northern regions were less likely to continue and complete their education due to the weak quality of education service delivery, 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.

Child Abuse: The law prohibits defilement (sex with a child younger than 16 years with or without consent), incest, and sexual abuse of minors. There continued to be reports of male teachers sexually assaulting and harassing both female and male students. There were no reports that a teacher suspected of sexually assaulting a student faced prosecution or job termination as a result of the allegation. Physical abuse and corporal punishment of children were concerns. Local social workers rarely had sufficient resources, such as transportation and equipment, to effectively respond to and monitor cases of child abuse and neglect.

Early and Forced Marriage: The minimum legal age for marriage for both sexes is 18 years. The law makes forcing a child to marry punishable by a fine, one year’s imprisonment, or both. Early and forced child marriage, while illegal, remained a problem. Child marriage rates continued to decrease, with one-fifth of women during the year married before the age of 18, compared with one-third in the early 1990s.

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 launched the first National Strategic Framework on Ending Marriage in Ghana (2017-2026). The framework prioritizes interventions focused on strengthening government capacity to address issues of 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 stakeholders, provided strategic guidance and supported information sharing and learning on child marriage among partners in the country. For additional information, see Appendix C.

Sexual Exploitation of Children: The law prohibits commercial sexual exploitation of children. The minimum age for consensual sex is 16 years, and defilement is punishable by imprisonment for seven to 25 years. The law criminalizes the use of a computer to publish, produce, procure, or possess child pornography, punishable by imprisonment for up to 10 years, a fine of up to 5,000 penalty units (60,000 cedis or $13,300), or both.

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

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

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 travel.state.gov/content/childabduction/en/legal/compliance.html.

Anti-Semitism

The Jewish community had a few hundred members. There were no reports of anti-Semitic acts.

Trafficking in Persons

See the Department of State’s Trafficking in Persons Report at www.state.gov/j/tip/rls/tiprpt/.

Persons with Disabilities

The law explicitly prohibits discrimination against persons with disabilities, but the government did not effectively enforce the law. The law provides that persons with disabilities have access to public spaces with “appropriate facilities that make the place accessible to and available for use by a person with disability,” but inaccessibility to schools and public buildings continued to be a problem. Children with disabilities attended specialized schools that focused on their needs, in particular schools for the deaf. In July the government hired 80 persons with disabilities to serve as tollbooth operators, but few adults with disabilities had employment opportunities.

Persons with both mental and physical disabilities, including children, were frequently subjected to abuse and intolerance. Children with disabilities who lived at home were sometimes tied to trees or under market stalls and caned regularly; families reportedly killed some of them. 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 national schools for deaf and blind students.

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 seven consecutive days, and physically assaulted. While the country passed a Mental Health Act in 2012 that provides for monitoring of prayer camps and bars involuntary or forced treatment, officials took few steps to implement the legislation. In July officials from the Mental Health Authority rescued 16 persons with mental disabilities whom they found chained at a prayer camp in Central Region; the individuals were later taken to the Ankaful psychiatric hospital for treatment.

Acts of Violence, Discrimination, and Other Abuses Based on Sexual Orientation and Gender Identity

The law does not prohibit discrimination based on sexual orientation and gender identity. The law criminalizes the act of “unnatural carnal knowledge,” which is defined as “sexual intercourse with a person in an unnatural manner or with an animal.” The offense applies to persons engaged in same-sex male relationships and those in heterosexual relationships; there were reports of the law also being applied to individuals in same-sex female relationships. While there were reports of adults being prosecuted for consensual same-sex sexual conduct, no convictions were reported.

Lesbian, gay, bisexual, transgender, and intersex (LGBTI) persons faced widespread discrimination in education and employment. As of June CHRAJ reported receiving 41 reports of discrimination against LGBTI persons because of their sexual orientation or gender identity. They also faced police harassment and extortion attempts. There were reports police were reluctant to investigate claims of assault or violence against LGBTI persons. Gay men in prison were often subjected to sexual and other physical abuse.

While there were no reported cases of police or government violence against LGBTI persons during the year, stigma, intimidation, and the attitude of the police toward LGBTI persons were factors in preventing victims from reporting incidents of abuse.

HIV and AIDS Social Stigma

Discrimination against persons with HIV/AIDS remained a problem. Fear of being stigmatized continued to discourage persons from being tested for HIV infection and those who tested positive from seeking timely care. HIV-positive persons faced discrimination in employment and often were forced to leave their jobs or houses. The government and NGOs subsidized many centers that provided free HIV testing to citizens, although high patient volume and the physical layout of many clinics often made it difficult for the centers to respect confidentiality.

Parliament passed a revised Ghana AIDS Commission Bill in 2016 that sought to address gaps in the existing law. The law penalizes discrimination against a person infected with or affected by HIV or AIDS by a fine of 100 to 500 penalty units (1,200 cedi to 6,000 cedis, or $265-$1,300), imprisonment for 18 months to three years, or both. The law contains provisions that protect and promote the rights and freedoms of persons with HIV/AIDS and those suspected of having HIV/AIDS, including the right to health, education, insurance benefits, employment/work, privacy and confidentiality, nondisclosure of their HIV/AIDS status without consent, and the right to hold a public or political office.

Other Societal Violence or Discrimination

Chieftaincy disputes, which frequently resulted from lack of a clear chain of succession, competing claims over land and other natural resources, and internal rivalries and feuds continued to result in deaths, injuries, and destruction of property. Throughout the year there continued to be disputes between Fulani herdsmen and landowners that at times led to violence. For example, in January violence between residents of Ho, Fulani herdsmen, and police resulted in injuries to at least two police officers.

In April a long-standing land dispute between the communities of Nkonya and Alavanyo in Volta Region led to violence, resulting in at least two deaths. To address the conflict, in June the government announced it was seizing the disputed land and turning it into a military training ground.

There were reports of ritual killings, including an herbalist arrested for allegedly murdering a teenage girl in August in Koforidua.

There were frequent reports of killings of suspected criminals through mob violence.

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