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01.09.2010 Human Rights

Democracy and human rights go hand in hand

By Helena Selby - Ghanaian Chronicle
Democracy and human rights go hand in hand
01.09.2010 LISTEN

The ability of people in a country to express their views freely, without any prejudice from government or any political group, can be considered one of the criteria of determining democratic rule in the nation.

In Ghana, the existence of freedom of speech and free and fair elections has made it evident that there are traces of democratic practice and rule of law in the country, making the nation a role model for other countries.

The achievement of this level of democracy, by a third world country  like Ghana, makes it clear that the government and the people are willing to go further in strengthening this achievement, so as to gain fame in the world, but how about the practice of human rights?

In as much as democratic rule is needed to strengthen political stability and other fundamental issues of the country, so is the practice of human rights to better and satisfy the lives of people in the country.

Ghana has been able to gain so much fame and respect for how far it has gone in the practice of democracy, however, the country has very little to write home about, when it comes to the practice of human rights.

According to Amnesty International, Ghana is part of the first five nations of the world where human right abuses are very prevalent. Considering the level at which the country has reached in terms of democratic governance, one might find it difficult to accept the opinion of Amnesty International, but who knows it might true.

Many people in Ghana still consider the physical torturing of an individual who is involved in intensive freedom of speech, as the only form of human rights abuse, yet they forget that the practice of human rights does not curtail the freedom of speech and the right to movement only, but other basic rights needed for the survival of the people. Of a truth, human rights might not be at its best practice in the country, since many people in the country suffer various kinds of abuse in various aspects of their lives.

The constitution of Ghana is a good instrument for a good practice of human rights in the country, but the question is, how often is the Constitution used in defence of the rights of the people? Human rights is not only about democracy, but also the ability of people to live soundly, feel respected, being content, and not feel cheated about fundamental issues concerning themselves within a state.

EDUCATION AND HUMAN RIGHTS
Education and human rights practices go hand in hand. According to the Oxford Advanced Learners Dictionary, education is the process of teaching, training and learning, especially, in schools and colleges, to improve knowledge and develop skills. For some philosophers, education is the totality of influence that nature, or men, are able to exercise either on the intelligence, or will of the people.

Education, in a nutshell, is meant for people to acquire the needed knowledge to improve upon their lives.  It will only take education for an individual to know what his rights really are, even the educated, who are abreast with the strength of human rights they are entitled to, are abused, how much more people who are completely naïve about their rights.

Education is a fundamental human right, but it is very sad that only a minority of the population have access to it. For some, they get the opportunity to experience the basic knowledge of education, while some obtain it to the fullest, and for others, they have no idea how it feels like.

It is a good thing that the government helps support basic level of education in the country, but the question is, how good is this support? Even though the idea behind this initiative is good on paper, its implementation is not as good. Many schools complain bitterly about the quality of service of this educational support by the government, not mentioning the poor Capitation Grant provided for these children.

If only people are given the right to decent jobs, the burden on the government will decrease, as many parents will prefer to give their wards better education, for a better future. The lack of education by many an individual, can be considered the reason behind the reluctant implementation of the constitutional rights of people of the country.

Due to only a few being abreast with their rights, these rights are being trampled upon, because their voices cannot be heard, compared to the majority, who are uneducated about their rights.

HUMAN RIGHTS AND REMAND PRISONERS
The media and other human rights organisations always talk about the plight of remand prisoners, not for the sake of making news, but for the sake of the government fighting for their rights.

The Nsawam Medium Security Prison is one of the six prison establishments in the Eastern Region of Ghana. Apart from the new Ankaful Maximum Security Prison, currently under construction in the Central Region, the Nsawam Medium Security Prison is the largest prison in Ghana, and has been operational since 1956.

Though the prison's ideal average capacity is 717, it now holds almost 3,000 inmates, with the staff strength at 330, comprising 30 superior officers and 300 subordinate officers. The officers/inmate ratio is thus 1:9. It is very sad that the Nsawam Medium Prison, which is meant for convicted criminals, turns out to be having more than 60% of its prisoners on remand. It is now accommodating more than 3,000 inmates, instead of its original capacity of 717.

The United Nations International Covenant on Civil and Political Rights (1996) has defined the difference between sentenced and remand prisoners in various ways that gives more rights to the remand prisoner, but in Ghana, remand prisoners are denied these rights.

In Ghana, remand prisoners are mostly the victims of intimidation in a country said to be democratic. They are discriminated against and harassed, simply because they do not know their rights; they do not have anybody to exercise their rights for them, more or less have money to help them do so. For some of these remand prisoners, it would have been better if they were convicted and sentenced, then they would know their term of serving in the prison.

HUMAN RIGHT AND WORKPLACES
In Ghana, the most common place of abuse is at the workplaces, because that is where people earn their daily bread. People in both white collar and blue collar jobs suffer abuse by their employers, and even the self-employed suffer abuse from customers, and sometimes, from the government.

Workers go on demonstration every now and then, due to lack of decent jobs, but their demands are rarely met. If, according to the International Labour Organisation (ILO), decent work is the  is a key element to building fair equitable and  inclusive societies, based around the principles of employment creation, workers rights, equality between men and women, socially protected and socially dialogued, then surely rights are being abused in the various workplaces in Ghana.

To the ILO, decent work is a strategy to attain sustainable development that is centered on the people, however, the government's numerous policies, meant for the betterment of the people, rarely reaches the level of decent work, but is rather rights abuses.

It is a good thing that democracy has brought about freedom of association, which has enabled people at various workplaces and jobs to form associations such as the trade union.

According to Mr. Ebenezer Aidoo, Project Coordinator of the Trade Union Congress (TUC) Ghana, a trade union is a movement formed by a group of workers voluntary and willingly, managed, funded and controlled by themselves, for the promotion and protection of their  common interests and well being while at work.

Section 80 (1) of the labour act, 2003 act 651 backs it, by indicating that usually not less than two workers are enough to form a local union. According to him, the rights of a worker includes working under satisfactory, safe and healthy conditions, receive equal pay for equal work without distinction of any kind, have rest, leisure and reasonable limitation of working hours and period of holidays with pay, and also form or join a trade union.

The definition of a trade union makes it clear that it is not meant for white collar jobs only, but blue collar as well.  However, it is pathetic that despite efforts being made by workers to attain better working conditions, their rights are being abused.

Unlucky trade union leaders or members either lose their jobs or lives when exercising their rights. Even state-owned working institution, which are more entitled to these rights to decent work are unable to implement it, how much more the private owned ones.

HUMAN RIGHT AND MINING SECTOR
According to studies, the mining sector contributes about 5% to Gross Domestic Product (GDP), whereas the agricultural sector contributes about 60% to GDP. It is however, disturbing to note that the sector and the people who hold the nation, in terms of GDP, have their rights trampled upon.

Their voices are always pushed into the dark, so that they are not really heard. Many farmers, despite their plea for justice in the mining sector, are denied their rights. The media has been fighting for the rights of these farmers, and even trade unions have been formed among them to make their plight and grievances known, but all to no avail.

The government, which they expect to be on their side, seems not to fight for their rights.  According to farmers affected by mining activities, all that they needed was for the government to speak on their behalf, and make sure that mining companies go according to the mining acts, in terms of their rights and compensation principles.

CONCLUSION
The government, as a way of providing justice for every individual in the court of law, has in place a legal aid policy.  According to the Commonwealth Human Right Initiative (CHRI), legal aid is free help consisting of representation by a lawyer, and including assistance in preliminary or incidental matters to any proceedings in a court or tribunal.

Also, arriving at, or giving effect to compromises to avoid proceedings, or to bring an end to any proceedings. It can be given to those who prove that they do not have the financial means to obtain legal services.

A person is entitled to legal aid if one has reasonable grounds for taking, defending, prosecuting, or being a party to the proceedings.

One is as well entitled to legal aid if one earns the government minimum wage or below, and desires legal representation in any criminal or civil matter relating to landlord and tenant, insurance, inheritance, maintenance of children, and other such civil matters prescribed by parliament.

The presence of this policy is a platform for every individual to exercise his or her human rights, however, the question is, how many of the population are aware of this policy? How many even know how to acquire its benefits?

It is very obvious that the lack of education has kept many people in the dark, and has made it impossible for them to even benefit from this policy. Moreover, since it has specific cases it delights in handling, people who find themselves abused outside the above-mentioned cases will in no way have justice in the court of law, if one is without money to find a lawyer, since there will be no legal aid to help the person through.

Just like the government has been able to uphold the honour of the nation, through good democratic governance, it must as well try its best to make sure all human rights policies in the country are well implemented.

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