An Open Space For Rights: Civil Society Participation In The United Nations 177th Session On The International Covenant On Civil And Political Rights

Ghana ratified the International Covenant on Civil and Political Rights in 2000. After more than a decade of delay, Ghana submitted its first report on the implementation of the International Covenant on Civil and Political Rights (ICCPR) to the United Nations Human Rights Committee (HR Committee) in 2014. The review of Ghana by the Human Rights Committee took place at the 117^th Session of the Human Rights Committee on 24^th June, 2016. As part of the review process, a cross section of Civil Society Organisations (CSOs) submitted a report in response to the List of Issues adopted by the Human Rights Committee to contribute to the review of Ghana from a civil society perspective.

The Human Rights Advocacy Centre (HRAC) in collaboration with the Centre for Civil and Political Rights (CCPR Centre) consulted with Civil Society Organisations in Accra in three different meetings from March to May, 2016. At the end of the said consultations, CSOs prepared and validated a parallel civil society report in response to the List of Issues.

Also, three members of the CSOs who participated in the consultations were selected to represent the civil society of Ghana at the 117th Session of the United Nations Human Rights Committee in Geneva from 20^th to 24^th June 2016. These were, Mr. Jonathan Osei Owusu, Executive Director of POS Foundation, Ms. Vivian Affoah, Programme officer, Freedom of Expression Rights, Monitoring and Campaigns at the Media Foundation for West Africa and Ms. Wendy Abbey, Technical Advisor at the Human Rights Advocacy Centre.

The participation of CSOs from Ghana in the 177^th Session of the Human Rights Committee on the ICCPR came as a sequel to a year-long work amongst a cross section of Accra-based CSOs. CSOs commenced their preparation in the Session in 2015 when they held two national consultations. Overall, CSOs had five national consultations between June 2015 and May 2016. In the course of the year, they submitted the first parallel report in contribution to the List of Issues which was adopted by the Committee in October, 2015. Consequently, the Committee adopted twenty two List of Issues out of twenty five Issues proposed to the Committee by CSOs. The report further informed national consultations amongst CSOs to submit a report in reply to the List of Issues in May, 2016.

The Human Rights Committee review on Ghana included queries on how the State is progressing on fulfilling articles of Covenant’s rights of citizens on nondiscrimination and equality amongst men and women, freedom of expression and access to information, prohibition of torture, other cruel, inhumane or degrading treatment or punishment and right to life. CSOs priority areas on the afore mentioned provisions relate to queries on when government intends to pass the Right to Information Bill, Affirmative Action Bill and abolish the death penalty.

Also, how government will address human rights abuses against persons with mental illness at prayer camps and ensure protection of Persons with Disabilities (PWDs) from discrimination especially with reference to accessibility of public buildings to PWDs including the newly-constructed model schools. The Committee also queried government on how it intends to improve conditions at prisons and address the issue of juveniles held in adult prisons.

The participation of civil society in the Session has mutual benefits for State parties and the UN system on one hand, and civil society on the other. The UN views Civil Society as the “third sector” in the international community which helps in advancing the ideals of the human rights and international best practices. Therefore, it has created this open space for interaction between the System and civil society. The relationship that the UN establishes through this space grants CSOs the opportunity to be directly involved in assessing the impact of the work of the UN bodies and to promote their work at national and local levels.

State parties are able to depend on data, research and cases cited in reports to carry out evidence-based assessment on the conditions of their populations; some of which form the basis for advocacy and policy reforms. CSOs reports provide the much needed views and practical knowledge for a balance perspective for an objective assessment of States by the UN. On the other hand, CSOs constitute the voices of marginalized and vulnerable populations who on their own, and in most cases, do not have direct access to their government or duty bearers, let alone the UN. As a result, CSOs submit reports that reflect the conditions these populations.

On the corridors and cafeterias of Palais Wilson and Palais Nations, CSOs hold side meetings to discuss how to strengthen networks that will benefit their constituents. Thus, the mechanism allows them to share their in-depth perspectives that culminate into the ‘rest’ of the stories, otherwise untold by States, and unknown by the UN bodies.

Other avenues that CSOs can be engaged with the UN system and its bodies include monitoring compliance by States parties with their reporting obligations; participating in human rights treaty body sessions as observers or through oral submissions and submission of individual complaint to human rights treaty bodies. They can also provide information to generate confidential inquiries and for early warning and urgent procedures as well as make submissions to the annual inter-committee of the human rights treaty bodies. These levels of engagement allow for networking, mutual growth and accountability amongst CSOs, State parties and the UN.

This year at the 177^th Session, CSOs from Ghana earned the recognition from the Human Rights Committee for its immense contribution to the review of Ghana on the implementation of the ICCPR. It shows how civil society in Ghana is proactive in utilizing the current enabling environment of free and active participation in human rights, governance and development issues in Ghana. Also, civil society is the only visible and reliable actor that can provide a balance perspective to the human rights situation in Ghana and the extent at which the State is committed to realizing the covenant right of Ghanaians.

It remains the sole conduit for raising awareness on Ghana’s obligations under the Covenant, building capacity for monitoring and evaluation, and reporting to the UN on progress made alongside the State. Thus, there is a general expectation that civil society follows up with the State on its obligations and raise awareness amongst the general public to hold the State accountable to its commitments.

Civil Society involvement in the said UN mechanism is indispensable. Therefore, it is important to strengthen this mutual engagement between CSOs, the UN and States parties. In addition to the myriad avenues through which CSOs engage with the UN bodies, the Human Rights Committees should specifically develop and disseminate a model monitoring roadmap.

This will help CSOs put together a country-specific monitoring and follow up strategy document in response to Concluding Observations. Finally, the Committee should give CSOs the opportunity to be appointed to occupy rotational positions on the Committees during the review of their States and encourage joint-country visits of CSOs representatives with Committee members.

Wendy Abbey
(Technical Advisor at the Human Rights Advocacy Centre)

Att0[2]