Respect rights of displaced persons - CHRAJ tells govt, its agencies
The Commission on Human Rights and Administrative Justice (CHRAJ) has written to the Chief of Staff, the Ministry of Local Government and Rural Development and the Accra Metropolitan Assembly (AMA) to explain decisions relating to the demolition of structures at Old Fadama, popularly called Sodom and Gomorrah.
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In an interview with the Daily Graphic, a Deputy Commissioner of CHRAJ, Mr Joseph Whittal, said the demolition at Old Fadama was undertaken without consideration for the country’s international human rights obligations, principles and standards.
He said the action had the potential to spoil the international reputation of Ghana as a country that championed human rights and basic freedoms.
According to CHRAJ, the responses by state institutions which were to be provided by July 10, 2015 would inform the National Human Rights Commission, which is also a Category A accredited human rights organisation for the International Human Rights Commission (IHRC), to produce an appropriate report on the country’s adherence to human rights standards to the IHCR.
The government’s international human rights obligations are periodically reviewed and the CHRAJ provides the independent monitoring of its adherence and the country’s progress during universal periodic reviews (UPR).
Adhere to standards
Mr Whittal said CHRAJ would also undertake a fact-finding tour of the area to assess what pertained after responses had been received from government agencies.
“The commission had also demanded acceptable resettlement plans and schemes by the government.
“The responses will also help the commission in its report to Parliament on demolition exercises in the country for acceptable guidelines,” he added.
Mr Whittal emphasised the fact that although a right might exist to demolish, such as a court order or danger to life, such as was posed by the floods of June 3, 2015, any demolition had to be undertaken based on the government’s human rights commitments, standards, principles and norms.
These included broad consultations with settlers before demolitions, mechanisms for protecting the rights of women, children and the vulnerable, and viable resettlement options.
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Implications
Mr Whittal said apart from denting the country’s human rights reputation internationally, another implication of the government’s action in the demolition of Old Fadama was the inadequacy of the 1992 Constitution in guaranteeing a right to housing.
He said the recommendation by the Constitution Review Commission (CRC) was for a review of the Constitution for the substantive right to housing to be enshrined.
He said international standards put the obligation on the government to guarantee and ensure the right to adequate housing for citizens.
The deputy commissioner said CHRAJ would ensure that demolitions in the country would be undertaken in an acceptable manner in future.
More indicted agencies
In a prior statement released by CHRAJ on Wednesday, June 24, 2015 and signed by Mr Whittal, the attention of the government and some of its agencies, including the Ministry of Gender, Children and Social Protection and the Attorney General and Ministry of Justice, was drawn to obligations agreed to by the state under several human rights treaties and conventions.
One is the International Covenant on Economic, Social and Cultural Rights (ICESCR), which underpinned the right to housing and included protection against forced evictions and other legal and normative international frameworks governing the right to housing.
These included the General Comments 4 (1991) and 7 (1997) by the Committee on Economic, Social and Cultural Rights (CESCR), as reinforced under the United Nations (UN) Basic Principles and Guidelines on Development-Based Evictions and Displacements, as well as the Principles on Housing and Restitution for Internally Displaced Persons.
The statement said standards enshrined in those principles included the respect, protection and fulfilment of all human rights and in the prevailing context, prohibition of arbitrary evictions and demolition of houses, the protection of all against arbitrary displacements from their homes or habitual residence, as well as the protection of the rights of women, children and other vulnerable groups.
Engage the affected
In the statement, CHRAJ also charged the Ministry of Gender, Children and Social Protection and the Ministry of Justice, in particular, to engage the leadership of the affected persons and other leaders of groups yet to be affected in dialogue to forestall future challenges that might arise.
It reminded all that some of the people affected by the demolition exercise were internally displaced by the Konkomba and Nanumba conflict in the Northern Region, which made them more vulnerable.
The statement said notwithstanding the severe floods of June 3, the government had to keep its obligations under international human rights standards.
It said CHRAJ would collaborate with all institutions, particularly the AMA to find ways of dealing with the challenges from the forced evictions and assured all Ghanaians that it would monitor the aftermath of the demolition to ensure that the necessary human rights standards were adhered to for the protection of all.
Writer’s email: caroline.boateng@graphic.com.gh