Section 6. Discrimination and Societal Abuses
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.
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.
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.
The Jewish community has a few hundred members. There were no reports of anti-Semitic acts.
See the Department of State’s Trafficking in Persons Report at https://www.state.gov/trafficking-in-persons-report/.
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.
Discrimination against persons with HIV and AIDS remained a problem. Fear of stigma, and fear that getting tested would mean immediate labeling as gay, discouraged persons from getting tested for HIV infection, and many of those who tested positive avoided 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 and treatment for citizens, although high patient volume and the physical layout of many clinics often made it difficult for the centers to protect confidentiality.
The law penalizes discrimination against a person with HIV or AIDS, although the government did not effectively enforce the law. The law contains provisions that protect and promote the rights and freedoms of persons with HIV or AIDS and those suspected of having HIV or AIDS, including the right to health, education, insurance benefits, employment, privacy and confidentiality, nondisclosure of their HIV and AIDS status without consent, and the right to hold a public or political office.
The Ghana AIDS Commission continued to raise concerns regarding how high levels of stigma and discrimination contributed to the spread of HIV in the country.
There were some reports of police violence against LGBTQI+ persons. LGBTQI+ persons faced police harassment and extortion attempts (see also section 1.d, Arbitrary Arrest). There were reports police were reluctant to investigate claims of assault or violence against LGBTQI+ persons. Stigma, intimidation, and the perceived negative attitude of some police toward LGBTQI+ persons were factors in preventing survivors from reporting incidents of abuse. LGBTQI+ activists also reported widespread attempts to blackmail LGBTQI+ individuals, with prosecution difficult due to police inaction. LGBTQI+ persons in prison were vulnerable to sexual and other physical abuse, which authorities generally did not investigate.
Beatings and public humiliation of LGBTQI+ persons by community members were common and growing in number. The attacks were sometimes shared on social media in an effort to further humiliate and ostracize LGBTQI+ persons. There was a notable increase in anti-LGBTQI+ statements by political, religious, and community leaders, and media coverage of these statements.
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 covers only persons engaged in same-sex male relationships and those in heterosexual relationships. There were no reports of adults prosecuted or convicted for consensual same-sex sexual conduct.
The law does not explicitly prohibit discrimination based on sexual orientation and gender identity. LGBTQI+ persons faced widespread discrimination in education and employment.
Activists working to promote the human rights of LGBTQI+ persons noted great difficulty in engaging officials on LGBTQI+ problems because of social and political sensitivity. Media coverage regarding homosexuality and related topics was almost always negative.
On February 2, the local NGO LGBT+ Rights Ghana inaugurated its new office space in the Ashongman area of Accra. After anti-LGBTQI+ activists complained in local media concerning the existence of the center, on February 15, police raided the center and closed it. The center remained closed at year’s end.
On March 27, police arrested 22 persons in Kwahu-Obomeng, Eastern Region, for participating in an alleged lesbian wedding. Police arrived at a popular community location in response to reports that two women planned to be married. Police justified the arrests on the grounds the venue’s owner complained participants were violating COVID-19 protocols. Authorities released them due to lack of evidence.
On May 20, police arrested 21 LGBTQI+ activists attending a conference in the city of Ho, Volta Region. On an official Twitter account, police acknowledged making the arrests because the suspects were believed to be pro-LGBTQI+. Authorities charged the “Ho 21” with unlawful assembly, conspiracy to commit a crime, and acts of “unnatural carnal knowledge.” After multiple requests, on June 11, authorities released them on bail. On August 5, a court dropped all charges for lack of evidence, and ordered the return of the defendants’ confiscated property including laptops and smart phones.
The LGBTQI+ activists reported harassment and humiliation by police during their detention. They also reported their inability to return to their previous lives, since they were suspended from work and banned from their communities after their identities were broadcast by police.
Chieftaincy disputes, which frequently resulted from lack of a clear chain of succession, competing claims regarding land and other natural resources, and internal rivalries and feuds, continued to result in deaths, injuries, and destruction of property. According to the West Africa Center for Counter Extremism, chieftaincy disputes and ethnic violence were the largest sources of insecurity and instability in the country. The government generally sought to tamp down violence and encourage dialogue and peaceful resolution of disputes.
Disputes continued among Fulbe herdsmen as well as between Fulbe herdsmen and farmers that at times led to violence. On September 3, officials from the Ministry of National Security reportedly arrested 31 Fulbe men at an Islamic school in Diare in the Northern Region on suspicion of ties to terrorist groups in Burkina Faso and Mali. After transporting them to Accra, authorities released 29 of the 31 men. One of the two men who remained in detention until their release in October was an Islamic cleric who founded the school.
There were frequent reports of killings of suspected criminals in mob violence. Community members often saw such vigilantism as justified in light of the difficulties and constraints facing judicial and police sectors. There were multiple reports police failed to prevent and respond to societal violence, in particular incidents of “mob justice.”
Section 7. Worker Rights
a. Freedom of Association and the Right to Collective Bargaining
The law provides for the right of workers, except for members of the armed forces, police, the Ghana Prisons Service, and other security and intelligence agency personnel, to form and join unions of their choice without previous authorization or excessive requirements. The law prohibits antiunion discrimination, but does not provide adequate protection against discrimination. The law requires trade unions or employers’ organizations to obtain a certificate of registration and be authorized by the chief labor officer, who is an appointed government official. Union leaders reported that fees for the annual renewal of trade union registration and collective bargaining certificates were exorbitant and possibly legally unenforceable.
The law provides for the right to conduct legal strikes but restricts that right for workers who provide “essential services.” Workers in export-processing zones are not subject to these restrictions. The minister of employment and labor relations designated a list of essential services, which included many sectors that fell outside of the essential services definition set by the International Labor Organization (ILO). The list included services carried out by utility companies (water, electricity, etc.), ports and harbors, medical centers, and the Bank of Ghana. These workers have the right to bargain collectively. In these sectors parties to any labor disputes are required to resolve their differences within 72 hours. The right to strike may also be restricted for workers in private enterprises whose services are deemed essential to the survival of the enterprise by a union and an employer. A union may call a legal strike only if the parties fail to agree to refer the dispute to voluntary arbitration or if the dispute remains unresolved at the end of arbitration proceedings.
The law provides a framework for collective bargaining. A union must obtain a collective bargaining certificate from the chief labor officer in order to engage in collective bargaining on behalf of a class of workers. In cases where there are multiple unions in an enterprise, the majority or plurality union would receive the certificate but must consult with or, where appropriate, invite other unions to participate in negotiations. The certificate holder generally includes representatives from the smaller unions. Workers in decision-making or managerial roles are not provided the right to collective bargaining under the law, but they may join unions and enter into labor negotiations with their employers.
The National Labor Commission is a government body with the mandate of requiring employers and unions to comply with labor law. It also serves as a forum for arbitration in labor disputes. The government effectively enforced applicable laws, but penalties were not commensurate with those for other laws involving denials of civil rights, such as discrimination.
The law allows unions to conduct their activities without interference and provides reinstatement for workers dismissed under unfair pretenses. It protects trade union members and their officers against discrimination if they organize.
The government generally protected the right to form and join independent unions and to conduct legal strikes and bargain collectively, and workers exercised these rights. Although the law makes specified parties liable for violations, specific penalties are not set forth. An employer who resorts to an illegal lockout is required to pay the workers’ wages. Some instances of subtle employer interference in union activities occurred. Many unions did not follow approved processes for dealing with disputes, reportedly due to the perceived unfair and one-sided application of the law against the unions. The process was often long and cumbersome, with employers generally taking action when unions threatened to withdraw their services or declare a strike. The National Labor Commission faced obstacles in enforcing applicable sanctions against both unions and employers, including limited ability to enforce its mandate and insufficient oversight.
Trade unions engaged in collective bargaining for wages and benefits with both private and state-owned enterprises without government interference. No union completed the dispute resolution process involving arbitration, and there were numerous unsanctioned strikes.
b. Prohibition of Forced or Compulsory Labor
The law prohibits all forms of forced or compulsory labor. The government did not effectively enforce the law. The penalties for forced labor were not commensurate with those for other analogous serious crimes such as kidnapping, but the government prosecuted and imposed penalties in some cases of labor trafficking. Human trafficking, including forced labor, persisted with insufficient investigation and prosecution. NGOs, civil society, and human rights activists reported corruption within police ranks, the justice system, and political authorities that impeded prosecution, with perpetrators accumulating significant wealth from trafficking and forced labor and senior police officers intimidating NGO staff to deter their investigations.
There were reports of forced labor affecting both children and adults in the fishing sector, as well as forced child labor in informal mining, agriculture, domestic labor, porterage, begging, herding, quarrying, and hawking (see section 7.c.).
Legal counsel encountered difficulties in investigating trafficking and gathering witnesses to testify, especially in cases perpetrated by a family member or involving victims from another country. Due to a lack of training on trafficking, officers did not classify cases as criminal, but issued warnings and freed perpetrators. Some police officers who were trained were sidelined for unknown reasons.
Also see the Department of State’s Trafficking in Persons Report at https://www.state.gov/trafficking-in-persons-report/.
c. Prohibition of Child Labor and Minimum Age for Employment
The government did not prohibit all of the worst forms of child labor. The law sets the minimum employment age at 15, or age 13 for light work unlikely to be harmful to a child or to affect the child’s attendance at school. The law prohibits night work and certain types of hazardous labor for those younger than age 18. The law allows for children age 15 and older to have an apprenticeship under which craftsmen and employers have the obligation to provide a safe and healthy work environment along with training and tools. Although the government prohibits some hazardous work for children, the existing hazardous work list did not cover all occupations or activities in which child labor was known to occur, including in cocoa production.
Inspectors from the Ministry of Employment and Labor Relations enforced child labor regulations. Labor inspectors conducted inspections specifically targeting child labor in the informal sector, but the inspections were insufficient to deter child labor, and penalties were not commensurate with those for other analogous serious crimes, such as kidnapping.
The ILO, government representatives, the Trades Union Congress, media, international organizations, and NGOs continued efforts to increase institutional capacity to combat child labor.
The government continued to work closely with NGOs, labor unions, and the cocoa industry to eliminate the worst forms of child labor in the industry. Through these partnerships the government created several community projects, which promoted awareness raising, monitoring, and livelihood improvement.
In 2018 the government approved the National Plan of Action Phase II on the Elimination of the Worst Forms of Child Labor (NPA2). While the NPA2 aimed to reduce the prevalence of the worst forms of child labor to 10 percent by the end of the year, and specifically targeted the cocoa, fishing, and mining sectors, the government of Ghana did not release any updated statistics. The government, however, continued to take action under the framework of the NPA2. The National Steering Committee on Child Labor, for example, carried out a monitoring exercise in seven districts to ascertain the impact of child labor. The Ministry of Employment and Labor Relations established guidelines for Child Labor Free Zones and began pretesting the Ghana Child Labor Monitoring System.
Authorities did not enforce child labor laws effectively or consistently. Law enforcement officials, including judges, police, and labor officials, were sometimes unfamiliar with the provisions of the law that protected children.
Employers subjected children as young as age four to forced labor in the agriculture, fishing, and mining industries, including artisanal gold mines, and as domestic laborers, porters, hawkers, and quarry workers. NGOs estimated that almost one-half of child trafficking cases occurred in the Volta Region. In the fishing industry, victims engaged in hazardous work, such as diving into deep water to untangle fishing nets caught on submerged tree roots. The government did not legally recognize working underwater as a form of hazardous work. Officials from the Ministry of Fisheries and Aquaculture Development received training as part of a strategy to combat child labor and trafficking in the fisheries sector.
Child labor continued to be prevalent in artisanal mining (particularly illegal small-scale gold mining), fetching firewood, bricklaying, food service and cooking, and collecting fares. Children in small-scale mining reportedly crushed rocks, dug in deep pits, carried heavy loads, operated heavy machinery, sieved stones, and amalgamated gold with mercury.
Child labor occurred in cocoa harvesting. Children engaged in cocoa harvesting often used sharp tools to clear land and collect cocoa pods, carried heavy loads, and were exposed to agrochemicals, including toxic pesticides. The government did not legally recognize this type of work in agriculture, including in cocoa, as hazardous work for children.
Employers often poorly paid and physically abused child laborers, and the children received little or no health care. According to the MICS, one in every five children between ages five and 17 engaged in hazardous working conditions, and there were no significant disparities between boys and girls.
Parents or guardians often facilitated child trafficking by selling their children to relatives or others due to poverty or unpaid debts. This was especially prevalent with girls sold into domestic service.
Also see the Department of Labor’s Findings on the Worst Forms of Child Labor at https://www.dol.gov/agencies/ilab/resources/reports/child-labor/findings and the Department of Labor’s List of Goods Produced by Child Labor or Forced Labor at https://www.dol.gov/agencies/ilab/reports/child-labor/list-of-goods .
d. Discrimination with Respect to Employment and Occupation
The law stipulates that an employer may not discriminate against a person on the basis of several categories, including age, pregnancy, refugee status, gender, race, ethnic origin, religion, social or economic status, or disability, whether that person is already employed or seeking employment. The government did not effectively enforce prohibitions on discrimination. Penalties were not commensurate with laws related to civil rights, such as election interference. Discrimination in employment and occupation occurred with respect to women, persons with disabilities, HIV-positive persons, and LGBTQI+ persons (see section 6). For example, reports indicated few companies offered reasonable accommodation to employees with disabilities. Many companies ignored or turned down such individuals who applied for jobs. Women in urban centers and those with skills and training encountered little overt bias, but resistance persisted to women entering nontraditional fields or seeking related vocational education or training.
There were not sufficient systems in place to protect women from sexual harassment and other violence in the workplace. Employers terminated or laid off some women who resisted sexual harassment or violence under the guise of restructuring due to the COVID-19 pandemic.
e. Acceptable Conditions of Work
Wage and Hour Laws: The law provides for a national minimum wage for some sectors of the economy. A national tripartite committee composed of representatives of the government, labor, and employers set a minimum wage. The minimum wage exceeded the government’s poverty line. There was widespread violation of the minimum wage law in the formal economy across all sectors. Many companies did not comply with the law.
The maximum workweek is 40 hours, with a break of at least 48 consecutive hours every seven days. Workers are entitled to at least 15 working days of leave with full pay in a calendar year of continuous service or after having worked at least 200 days in a particular year. These provisions, however, did not apply to piece workers, domestic workers in private homes, or others working in the informal sector. The law does not prescribe overtime rates and does not prohibit excessive compulsory overtime. Penalties for violations of minimum wage laws were not commensurate with those for similar crimes, such as fraud. The Ministry of Employment and Labor Relations was unable to enforce the wage law effectively.
Occupational Safety and Health: The government sets industry-appropriate occupational safety and health regulations. By law workers may remove themselves from situations that endanger their health or safety without jeopardy to their employment. This legislation covers only workers in the formal sector, which employed approximately 10 percent of the labor force. Few workers believed they were free to exercise this right. Employers were fined in cases of negligence, but penalties for violations of occupational health and safety laws were not commensurate with those for crimes such as negligence.
The government also did not effectively enforce health and safety regulations, which are set by a range of agencies in the various industries, including the Food and Drugs Authority, Ghana Roads Safety Commission, and Inspectorate Division of the Minerals Commission. The law reportedly provided inadequate coverage to workers due to its fragmentation and limited scope.
The government did not employ sufficient labor inspectors to enforce compliance. Inspectors were poorly trained and did not respond to violations effectively. Inspectors did have the authority to make unannounced inspections. Inspectors did not impose sanctions and were unable to provide data as to how many violations they addressed. In most cases inspectors gave advisory warnings to employers, with deadlines for taking corrective action. Penalties were insufficient to enforce compliance.
Accidents in the mining sector were common, often in illegal mining. In May an illegal pit mine collapsed in Upper West Denkyira killing three. The unregulated mining sector attracted Chinese nationals who collaborated with citizens to run illegal mines. In June, four Chinese nationals were deported after being convicted of using fraudulent means to acquire residence and working without a required permit. The Chinese nationals were found prospecting for gold in Obuasi, the site of a productive mine owned by AngloGold that was suspended for months following the death of a miner in an accident in May. Civil society organizations stated that corruption and lax enforcement allowed unsafe illegal mining practices to continue.
Informal Sector: Approximately 90 percent of the working population was employed in the informal sector, according to the Ghana Statistical Service’s 2015 Labor Force Report, including small to medium-scale businesses such as producers, wholesale and retail traders, and service providers made up of contributing family workers, casual wageworkers, home-based workers, and street vendors. Most of these workers were self-employed.
Authorities did not enforce the minimum wage law in the informal sector. Legislation governing working hours applies to both formal and informal sectors. Employers largely followed the law in the formal sector, but they widely flouted it in the informal sector, and the government did not enforce it.