Project to improve justice for vulnerable persons

ACCESS to justice is a fundamental right in a democracy. In Ghana, the 1992 Constitution enjoins the state to ensure that all citizens have access to legal services within a broad framework of a legal system that delivers justice equitably to all.

It encompasses the responsiveness of the state through its judicial system to ensure that citizens held by the police as suspects exhaust the entire legal system/process. It provides legal aid for those who cannot afford the services of a legal counsel and further ensures the protection of the rights of convicted persons in the custody of the state.

Study on access to justice
However, a study conducted by Child Rights International (CRI), a child-welfare non-governmental organisation, on ‘Access to Justice by vulnerable groups’ has revealed that there is a limited protection of the rights of marginalised and vulnerable persons.

This formed the basis for the implementation of the ‘Access to Justice Project’ by the CRI. The project which was supported by STAR-GHANA, aims at promoting improved access to justice for pregnant women, nursing mothers, children and Persons With Disabilities (PWDs) who are serving custodial sentences in Ghana’s prisons and juvenile correctional centres.

A report that captures findings from a study conducted at the Ankaful Prison and the Akuse Prison on July 2 and 3, 2014 respectively, and made available to the Daily Graphic called for proactive measures to deal with what it described as ‘some key institutional lapses that made the justice system discriminatory, inequitable and inhuman’.

Legal services for PWDs
 The study examined access to legal services for PWDs, pregnant women and nursing mothers serving custodial sentences, protection of the rights of juveniles, PWDs, nursing mothers and pregnant women in custody, and the extent to which the state was delivering its key responsibilities to the target group while in custody.

The research team visited both the male section of the Ankaful Prisons and the male and female divisions of the Akuse Prisons and collected data through interviews with prison officials and the administration of questionnaires to inmates of the target groups, comprising a total of 10 male inmates with varied disabilities who were involved in the exercise.

No nursing mother or pregnant woman was located at the female section of Akuse Prison because according to the prison officials, pregnant inmates were immediately transferred to the Nsawam Security Prisons since they had the best facilities to handle such persons.

Recommendations
Following the findings, the report recommended that efforts should be made by the state to revive the Legal Aid Scheme which should be made effective in all the regions. This, according to the report, could be done through partnership with the Ghana Bar Association.

Another study was conducted at the Nsawam Medium Security Prison and the Osu Girls’ Remand Home and Juvenile Correctional Centre in February, 2014, to examine access to legal services by PWDs, pregnant women and nursing mothers serving custodial sentences access to legal services by juveniles in custody and the protection of the rights of juveniles, PWDs, nursing and pregnant mothers in custody.

The research team visited both the male and female divisions of the Nsawam Medium Security Prisons and the Girls’ Remand and Correctional Centre in Osu, a home to both remand and convicted juvenile offenders, and collected data through interviews with officials and inmates.

Lack of funds
The study established that there was lack of funds to manage juvenile correctional centres, as interviews conducted revealed that the centre relied on stipends and grants from NGOs to feed inmates. The government’s stipend used to run the centre had been in arrears for over a year.

This, according to the study, was in sharp contrast to the situation in the prisons which are well resourced under the Ministry of Interior, whereas Juvenile Correctional Centres are managed under the auspices of the Department of Social Welfare.

It, therefore, urged the government to commit funds to run juvenile remand and correctional centres to give meaning to the Juvenile Justice Act 653 (2003).

At the female division of the Nsawam Medium Security Prisons, the team found no disabled, pregnant mother or nursing mother as an inmate. According to prison officials, the last pregnant inmate was released on a bail bond two days (February 17) prior to the research.

The team also found a dedicated unit called ‘Mother-Baby Friendly Unit’ built for pregnant and nursing mother inmates. The unit is furnished with comfortable beds and baby cots in spacious rooms, each of which can contain four inmates at a time.

According to the report, most of the respondents said they did not receive the services of a lawyer while a few had legal aid or engaged their own lawyers.

A substantial number of respondents said their lawyers were not punctual during trial while other lawyers abandoned their clients on the day of judgement.

The report expressed concern about the lack of a comprehensive government policy on juvenile justice, although the enactment of the Juvenile Justice Act was a significant step in enhancing the juvenile justice system.

Juvenile Justice policy
It, therefore, called for a Juvenile Justice Policy to enhance the implementation of the act, and to identify the respective ministries and departments that were responsible for the various aspects of the juvenile justice system.

The report identified the need for the training of policemen on the provisions of the Juvenile Justice Act and its operationalisation to enhance the administration of juvenile justice.

It also urged the Ministry of Gender, Children and Social Protection to collaborate with the Ministry of Local Government to ensure that child panels were set up by the various assemblies and made operational in every district, commit funds to run juvenile remand and correctional centres if it intended to give it a meaning.