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EXTRACT
FROM THE 1992 CONSTITUTION OF THE REPUBLIC OF GHANA
CHAPTER FIVE
FUNDAMENTAL
HUMAN RIGHTS AND FREEDOMS
General
12. (1) The fundamental human rights and freedoms
enshrined in this Chapter shall be respected and upheld by the Executive,
Legislature and Judiciary and all other organs of government and its agencies
and, where applicable to them, by all natural and legal persons in Ghana,
and shall be enforceable by the courts as provided for in this
Constitution.
(2) Every person in
Ghana, whatever his race, place of origin, political opinion, colour,
religion, creed or gender shall be entitled to the fundamental
human rights and freedoms of the individual contained in this Chapter
but subject to respect for the rights and freedoms of others and for the
public interest.
13. (1) No person shall be deprived of his life intentionally except
in the exercise of the execution of a sentence of a court in respect of
a criminal offence under the laws of Ghana of which he has been convicted.
(2) A person shall not be held to have deprived another
person of his life in contravention of clause (1) of this article if that
other person dies as the result of a lawful act of war or if that other
person dies as the result of the use of force to such an extent as
is reasonably justifiable in the particular circumstances
(a) for the defence
of any person from violence or for the defence of property; or
(b)
in order to effect a lawful arrest or to prevent the escape, of
a person lawfully detained; or
(c)
for the purposes of suppressing a riot, insurrection or mutiny;
or
(d)
in order to prevent the commission of a crime by that person.
14. (1) Every person shall be entitled to his personal liberty and no
person shall be deprived of his personal liberty except in the following
cases and in accordance with procedure permitted by law
(a)
in execution of a sentence or order of a court in respect of a criminal
offence of which he has been convicted; or
(b) in execution
of an order of a court punishing him for contempt of court; or
(c)
for the purpose of bringing him before a court in execution of
an order of a court; or
(d) in the case of a person suffering
from an infectious or contagious disease, a person of unsound mind, a
person addicted to drugs or alcohol or a vagrant, for the purpose of his
care or treatment or the protection of the community; or
(e)
for the purpose of the education or welfare of a person who has
not attained the age of eighteen years; or
(f)
for the purpose of preventing the unlawful entry of that person
into Ghana, or of effecting the expulsion, extradition or other lawful
removal of that person from Ghana or for the purpose of restricting that
person while he is being lawfully conveyed through Ghana in the course
of his extradition or removal from one country to another; or
(g)
upon reasonable suspicion of his having committed or being about
to commit a criminal offence under the laws of Ghana.
(2) A person who is arrested, restricted or detained
shall be informed immediately, in a language that he understands, of the
reasons for his arrest, restriction or detention and of his right to a
lawyer of his choice.
(3) A person who is arrested, restricted or detained
(a) for the purpose
of bringing him before a court in execution of an order of a court; or
(b) upon
reasonable suspicion of his having committed or being about to commit
a criminal offence under the laws of, Ghana, and who is not released,
shall be brought before a court within forty‑eight
hours after the arrest, restriction or detention.
(4)
Where a person arrested, restricted or detained under paragraph (a) or
(b) of clause (3) of this article is not tried within a reasonable time,
then, without prejudice to any further proceedings that may be brought
against him, he shall be released either unconditionally or upon reasonable
conditions, including in particular, conditions reasonably necessary to
ensure that he appears at a later date for trial or for proceedings preliminary
to trial.
(5) A person who is unlawfully arrested, restricted
or detained by any other person shall be entitled to compensation from
that other person.
(6) Where a person is convicted and sentenced to a term
of imprisonment for an offence, any period he has spent in lawful custody
in respect of that offence before the completion of ,his trial shall be
taken into account in imposing the term of imprisonment.
(7) Where a person who has served the whole or a part
of his sentence is acquitted on appeal by a court, other than the Supreme
Court, the court may certify to the Supreme Court that the person acquitted
be paid compensation; and the Supreme Court may, upon exam I nation of all the facts and the certificate of the court concerned, award such
compensation as it may think fit; or, where the acquittal is by the Supreme
Court, it may order compensation to be paid to the person acquitted.
15.
(1) The dignity of all persons shall be inviolable.
(2) No person shall, whether or not he is arrested,
restricted or detained, be subjected to
(a) torture or other
cruel, inhuman or degrading treatment or punishment;
(b)
any other condition that detracts or is likely to detract from
his dignity and worth as a human being.
(3) A person who has not been convicted of a criminal
offence shall not be treated as a convicted person and shall be kept separately
from convicted persons.
(4) A juvenile offender who is kept in lawful custody
or detention shall be kept separately from an adult offender.
16.
(1) No person shall be held in slavery or servitude.
(2) No person shall
be required to perform forced labour.
(3)
For the purposes of this article, "forced labour" does not include
(a) any labour required
as a result of a sentence or order of a court; or
(b)
any labour required of a member of a disciplined force or service
as his duties or, in the case of a person who has conscientious objections
to a service as a member of the Armed Forces of Ghana, any labour which
that person is required by law to perform in place of such service; or
(c)
any labour required during any period when Ghana is at war or in
the event of an emergency or calamity that threatens the life and well‑being
of the community, to the extent that the requirement of such labour is
reasonably justifiable in the circumstances of any situation arising or
existing during that period for the purposes of dealing with the situation;
or
(d)
anylabour reasonably required as
part of normal communal or other civic obligations.
17.
(1) All persons shall be equal before the law.
(2)
A person shall not be discriminated against on grounds of gender, race,colour,
ethnic origin, religion, creed or social or economic status.
(3)
For the purposes of this article, "discriminate" means to give
different treatment to different persons attributable only or mainly to
their respective descriptions by race, place of origin, political opinions,
colour, gender, occupation, religion or creed, whereby persons of one
description are subjected to disabilities or restrictions to which persons
of another description are not made subject or are granted privileges
or advantages which are not granted to persons of another description.
(4) Nothing in this article shall prevent Parliament
from enacting laws that are reasonably necessary to provide
(a)
for the implementation of policies and programmes aimed at redressing
social, economic or educational imbalance in the Ghanaian society;
(b)
for matters relating to adoption, marriage, divorce, burial, devolution
of property on death or other matters of personal law;
(c)
for the imposition of restrictions on the acquisition of land by
persons who are not citizens of Ghana or on the political and economic
activities of such persons and for other matters relating to such persons;
or
(d) for making different provision
for different communities having regard to their special circumstances
not being provision which is inconsistent with the spirit of this Constitution.
(5) Nothing shall be taken to be inconsistent with this article which is allowed to be done under any provision of this Chapter.
18. (1) Every person has the right to own property either alone or in association
with others.
(2) No person shall be Subjected to interference with
the privacy of his home, property, correspondence or communication except
in accordance with law and as may be necessary in a free and democratic
society for public safety or the economic well‑being of the country,
for the protection of health or morals, for the prevention of disorder
or crime or for the protection of the rights or freedoms of others.
C,
19. (1) A person charged with a criminal offence shall be given a fair hearing
within a reasonable time by a court.
(2) A person charged with a criminal offence shall
(a) in the case of an offence other than high treason or treason, the
punishment for which is death or imprisonment for life, be tried by a
judge and jury
(i) where
the punishment is death, the verdict of the jury shall be Unanimous; and
(ii) in
the case of life imprisonment, the verdict of the jury shall be by such majority as Parliament may by, law
style='font-size:11.0pt;'>prescribe;
(b) in the case of an offence triable by a Regional Tribunal the penalty for which
is death, the decision of the Chairman and the other panel members shall
be unanimous;
(c) be presumed to be innocent until he is proved or has pleaded guilty;
(d) be informed immediately in a language that he
understands,
and in detail, of the nature of the offence charged;
(e)
be given adequate time and facilities for the preparation of his
defence;
(f)
be permitted to defend himself before the court in person
or by a lawyer of his choice;
(g)
be afforded facilities to examine, in person or by his lawyer,
the witnesses called by the prosecution before the court, and to obtain
the attendance and carry out the examination of witnesses to testify on
the same conditions as those applicable to witnesses called by the prosecution,
(h)
be permitted to have, without payment by him, the assistance of
an interpreter where he cannot understand the language used at the trial;
and(i) in the case of the offence
of high treason or treason, be tried by the High Court duly constituted
by three Justices of that Court and the decision of the Justices shall
be unanimous.
(3) The trial of a person charged with a criminal offence
shall take place in his presence unless
(a)
he refuses to appear before the court for the trial to be conducted in
his presence after lie has been duly notified of the trial; or
(b)
lie conducts himself in such a manner as to render the continuation
of the proceedings in his presence impracticable and the court orders
him to be removed for the trial to proceed in his absence.
(4) Whenever a person is tried for a criminal offence
the accused person or a person authorised by him shall, if he so requires,
be given, within a reasonable time not exceeding, six months after judgment,
a copy of any accord of the proceedings made by or on behalf of the court
for the use of the accused person.
(5) A person shall not be charged with or held to be
guilty of a criminal offence which is founded on an act or omission that did not at the time it took place constitute an
offence.
(6) No penalty shall be imposed for a criminal offence
that is severer in degree or description than the maximum penalty that
could have been imposed for that offence at the time when it was committed.
(7)
No person who shows that he has been tried by a competent court for a criminal offence and either convicted
or acquitted, shall again be tried for that offence or for any other criminal
offence of which he could have been convicted at
the trial for the offence, except on the order of a superior court in
the course of appeal or review proceedings relating to the conviction
or acquittal. ‑
(8) Notwithstanding clause (7) of this article, an acquittal
of a person on a trial for high treason or treason shall not be a bar
to the institution of proceedings for any other offence against that person.
(9)
Paragraphs (a) and (b) of clause (2) of this article shall
not apply in the case of a trial by a court‑martial or other military
tribunal.
(10)
No person who is tried for a criminal offence shall be compelled to give
evidence at the trial.
(11) No person shall be convicted of a criminal offence
unless the offence is defined and the penalty for it is prescribed in
a written law.
(12) Clause (11) of this article shall not prevent
a Superior Court from punishing a person for contempt of itself notwithstanding
that the act or omission constituting the contempt is not defined in a
written law and the penalty is not so prescribed.
(13)
An adjudicating authority for the determination of the existence or extent
of a civil right or obligation shall, subject to the provisions of this Constitution, be established by law and shall be
independent and impartial; and where proceedings for determination are
instituted by a person before such an adjudicating authority, the case shall be given a fair hearing within a reasonable time.
(14) Except as maybe otherwise ordered by the adjudicating
authority in the interest of public morality, public safety, or public
order, the proceedings of any such adjudicating authority shall be in
public.
(15) Nothing in this article shall prevent an adjudicating
authority from excluding from the proceedings persons, other than the
parties to the proceedings and their lawyers, to such an extent as the
authority
(a)
may consider necessary or expedient in circumstances where publicity would
prejudice the interests of justice; or
(b)
may be empowered by law to do in the interest of defence, public
safety, public order, public morality, the welfare of persons Linder the
age of eighteen or the protection of the private lives of persons concerned
in the proceedings.
(16) Nothing
in, or done under the authority of, any law shall be held to be inconsistent with, or in contravention of, the
following provisions ‑
(a)
paragraph (c) of clause (2) of this article, to
the extent that the law in question imposes upon a person charged with
a criminal offence, the burden of proving particular facts; or
(b)
clause (7) of this article, to the extent that the law in question
authorises a court to try a member of a disciplined force for a criminal
offence notwithstanding any trial and conviction or acquittal of that
member under the disciplinary law of the force, except that any court
which tries that member and convicts him shall, in sentencing him to any
punishment, take into account any punishment imposed on him under that
disciplinary law.
(17) Subject
to clause (18) of this article, treason shall consist only
(a)
in levying war against Ghana or assisting any state or person or inciting
or conspiring with any person to levy! war against Ghana; or
(b)
in attempting by force of arms or other violent means to overthrow
the organs of government established by or under this Constitution; or
(c)
in taking part or being concerned in or inciting or conspiring
with any person to make or take part or be concerned in, any such attempt.
(18) An act which aims at procuring by constitutional
means an alteration of the law or of the policies of the Government shall
not be considered as an act calculated to overthrow the organs of government.
(19) Notwithstanding any other provision of this article,
but subject to clause (20) of this article, Parliament may, by or under
an Act of Parliament, establish military‑ courts or tribunals for
the trial of offences against military law committed by persons subject
to military law.
(20) Where a person subject to military law, who is
not in active service, ‑commits an offence which is within the jurisdiction
of a civil court, he shall not be tried by a courtmartial or military
tribunal for the offence unless the offence is within the jurisdiction
of a court‑martial or other military tribunal under any law for
the enforcement of military discipline.
(21) For the
purposes of this article, "criminal offence" means a criminal
offence under the laws of Ghana.
20. (1) No property of any description, 'or interest in or right over any property
shall be compulsorily taken possession of or acquired by the State unless
the following conditions are satisfied
(a) the taking of possession or acquisition is necessary in the interest of
defence, public safety, public order, public morality, public health,
town and country planning or the development or utilization of property
in such a manner as to promote the public benefit; and
(b)
the necessity for the acquisition is clearly stated and is such
as to provide reasonable justification for causing any hardship that may
result to any person who has an interest in or right over the property.
(2) Compulsory acquisition of property by the State
shall only be made under a law which makes provision for
(a) the prompt payment
of fair and adequate compensation; and
(b)
a right of access to the High Court by any person who has an interest
in or right over the property whether direct or on appeal from any other
authority for the determination of his interest or right and the amount
of compensation to which he is entitled.
(3) Where a compulsory acquisition or possession of
land effected by the State in accordance with clause (1) of this article,
involves displacement of any inhabitants, the State shall resettle the
displaced inhabitants on suitable alternative land with due regard for
their economic well‑being and social and cultural values.
(4) Nothing in this article shall be construed as affecting
the operation of any general law so far as it provides for the taking
of possession or acquisition of property
(a)
by way of vesting or administration of trust property, enemy property
or the property of persons adjudged or otherwise declared. bankrupt or
insolvent, persons of unsound mind, deceased persons or bodies corporate
or unincorporated in the course of being wound up; or
(b)
in the execution of a judgement or order of a court; or r of
a court; or
(c)
by reason of its being in a dangerous state or injurious to the
health of human beings, animals or plants; or
(d)
in consequence of any law with respect to the limitation of actions;
or
(e)
for so long only as may be necessary for the purpose of any examination,
investigation, trial or inquiry; or
(f)
for so long as may be necessary for the carrying out of work on
any land for the purpose of the provision of public facilities or utilities,
except that where any damage results from any such work there shall be
paid appropriate compensation.
(5) Any property compulsorily taken possession of or
V acquired
in the public interest or for a public purpose shall be used only in the
public interest or for the public purpose for which it was acquired.
(6) Where the property is not used in the public interest
or 'Y for the
purpose for which it was acquired, the owner of the property immediately
before the compulsory acquisition, shall be given the first option for
acquiring the property and shall, on such reacquisition refund
the whole or part of the compensation paid to him as provided for by
law or such other amount as is commensurate with the value of the property
at the time of the reacquisition.
21. (1) All persons
shall have the right to -
(a) freedom of speech
and expression, which shall include freedom of the press and other media;
(b)
freedom of thought, conscience and belief, which shall include
academic freedom;
(c) freedom to practise any religion
and to manifest such practice;
(d)
freedom of assembly including freedom to take part in processions
and demonstrations;
(e) freedom of association, which
shall include freedom to formor join trade unions or other associations
,national and international, for the protection of their interest;
(f)
information, subject to such qualifications and laws as are necessary
in a democratic society;
(g) freedom of movement which
means the night to move ‑freely in Ghana, the right to leave and
to enter Ghana and immunity from expulsion from Ghana.
(2) A restriction
on a person's freedom of movement by his lawful detention shall not be
held to be inconsistent with or in contravention. of this article.
(3) All citizens shall have the right and freedom to
form or join political parties and to participate in political activities
subject to such qualifications and laws as are necessary in a free and
democratic society and are consistent with this Constitution.
(4) Nothing in, or done under the authority of, a law
shall be held to be inconsistent with, or in contravention of, this article
to the extent that the law in question makes provision
(a)
for the imposition of restrictions by order of a court, that are required
in the interest of defence, public safety or public order, on the movement
or residence ‑within Ghana of any person; or
(b)
for the imposition of restrictions, by order of a court, on the
movement or residence within Ghana of any person either as a result of
his having been found guilty of a criminal offence under the laws of Ghana
or for the purposes of ensuring that he appears before a court at a later
date for trial for a criminal offence or for proceedings relating to his
extradition or lawful removal from Ghana; or
(c)
for the imposition of restrictions that are reasonably required in the interest
of defence, public safety, public health or the running of essential services,
on the movement or residence within Ghana of any person or persons
generally, or any class of persons; or
(d) for the imposition of restrictions
on the freedom of entry into Ghana, or of movement in Ghana; of a person
who is riot a citizen
of Ghana; or
(e) that is reasonably required
for thepurpose of safeguarding the people of Ghana against the teaching
or propagation of a doctrine which exhibits or encourages disrespect
for the nationhood of Ghana, the national symbols and emblems, or incites hatred against other members of the C011111IL111ity;
except so far as that provision or, as the case may
be, the thing done under the authority of that law is shown not to he
reasonably justifiable in terms of the spirit of this Constitution.
(5)
Whenever a person, whose freedom of movement has been restricted by the
order of a court under paragrraph (a) of clause (4) of this
article, requests at any time dUl"'MI
I I _,
the period of that restriction not earlier than seven days after the order
was made, or three months afterhe
last made such request, as the case may be, his case shall be reviewed
by that Court.
(6)
On a review by a court under clause (5) of this article, the court may,
subject to the right of appeal from its decision, make such order for
the continuation or termination of the restriction
as it considers necessary or expedient.
22. (1) A spouse shall not be deprived of a reasonable provision out of the
estate of a spouse whether or not the spouse died having made a will.
(2) Parliament shall, as soon as practicable after the
coming into force of this Constitution, enact legislation regulating the
property rights of spouses.
(3)
With a view to achieving the full realisation
of the rights referred to in clause (2) of this article ‑
(a) spouses shall
have equal access to property jointly acquired during marriage;
(b)
assets which are jointly acquired during marriage shall be distributed
equitably between the spouses upon dissolution of the marriage.
23. Administrative bodies and administrative officials shall act fairly and
reasonably and comply with the requirements imposed on them by law and
persons aggrieved by the exercise Of Such acts and decisions shall have
the right to seek redress before a court or other tribunal.
24.
(1) Every Person has the right to work under satisfactory, safe and healthy
conditions, and shall receive equal pay for equal work without distinction‑
of any kind.
(2) Every worker shall be assured of rest, leisure and
reasonable limitation Of working hours and periods of holidays with pay,
as well as remuneration for public holidays.
(3) Every worker has a right to form or join a trade
union of his choice for the promotion arid protection of his economic
and social interests.
(4) Restrictions shall not be placed on the exercise
of the right conferred by clause (3) of this article except restrictions
prescribed by law and reasonably necessary in the interest of national
security or public order or for the protection of the rights and freedoms
of others.
25.
(1) All persons shall have the right to equal educational opportunities
and facilities and with a view to achieving the full realisation of that right
(a) basic education
shall be free, compulsory and available to all;
(b)
secondary education in its different forms, including technical
and vocational education, shall be made generally available and accessible
to all by every appropriate means, and in particular, by the progressive
introduction of free education;
(c)
higher education shall be made equally accessible to all, on the
basis of capacity, by every appropriate means, and in particular, by progressive
introduction of free education;
(d)
functional literacy shall be encouraged or intensified as far as
possible;
(e) the development of a system
of schools with adequate facilities at all levels shall be actively pursued.
(2)
Every person shall have the right, at his own expense, to establish and
maintain a private school or schools at all levels and of such categories and in accordance with such conditions as may be provided by law.
26. (1) Every person is entitled to enjoy, practise, profess, maintain and promote
any culture, language, tradition, or religion subject to the provisions
of this Constitution.
(2) All Customary practices which dehumanise or are
injurious to the physical and mental well‑being of a person are
prohibited.
27. (1) Special care shall be accorded to mothers during a reasonable period
before and after child‑birth; and during those periods, working
mothers shall be accorded paid leave.
(2)
Facilities shall be provided for the care of children below school‑going
age to enable women, who have the traditional care for children, realise their full potential.
(3) Women shall be guaranteed equal rights to training
and promotion without any impediments from any person.
28. (1) Parliament shall enact such laws as are necessary to ensure that
(a)
every child has the right to the same measure of Special care, assistance
and maintenance as is necessary for its development from its natural parents,
except where those parents have effectively surrendered their rights and
responsibilities in respect of the child in accordance with law;
(b)
every child, whether or not born in wedlock, shall be ‑entitled
to reasonable provision out of the estate of its parents;
(c)
parents undertake their natural right and obligation of care, maintenance and upbringing
of their children in co‑operation with such institutions as Parliament
may, by law, prescribe in such manner that in all cases the interests
of the children are paramount;
(d) children and young persons
receive special protection against exposure to physical and moral hazards;
and
(e) the protection and advancement
of the family as the unit of society are safeguarded in promotion of the
interest of children.
(2) Every child has the right to be protected from engaging
in work that constitutes a threat to his health, education or development.
(3)
A child shall not be subjected to torture or other cruel, inhuman or degrading treatment or punishment.
(4)
No child shall be deprived by any other person of medical treatment, education
or any other social or economic benefit by reason only of religios or
other beliefs.
I
for the care of children men, who have the tradiull potential.
~equal
rights to training nts
from any person.
laws as are necessary to
I
to the same measure of and maintenance as is )pment
from its natural iose parents
have effecrights and responsibiliI
in accordance with law; ot born in wedlock, shall
le provision out of the
tatural
right and obliga~ and upbringing of their with such institutions as prescribe in
such maninterests of the children
)ns
receive special pro‑
to physical and moral
'ement of the family as
I eguarded
in promotion
1.
rotected
from engaging s health, education or
D
torture or other‑cruel, shment.
'(4) No child shall be deprived by any other person of medical treatment,
education or any other social or economic benefit by reason only of religious
or other beliefs.
(5) For the purposes of this article," child" means a person below
the age of eighteen years.
29. (1) Disabled Persons have the right to live with their RIGHTS OF
DISABLED
families
of with foster parents and to participate in social, PERSONS.
creative or recreational activities.
(2)
A disabled person shall not be subjected to differential treatment in respect of hisresidence
other than that required by his condition or by the improvement which
he may derive from the treatment.
(3)
If the stay of a disabled person in a speciallsed
establishment is indispensable, the environment and living conditions there shall be as close as possible
to those of the normal life of a person of his age.
(4)
Disabled persons shall be protected against all exploitation, all regulations and all treatment of a discriminatory, abusive
or degrading nature.
(5)
'In anyjudicial proceedings in which a disabled
person is a party the legal procedure applied shall take his physical
and mental condition into account.
(6) As far as practicable, every place to which the
public has access shall have appropriate facilities for disabled perSolis.
(7)
Special incentives shall be given to disabled persons engaged in business
and also to business organisations that employ disabled pers'ons
in significant numbers.
(8)
Par] iament
shall enact such laws as are necessary. to ensure the enforcement of the
provisions of this article.
RIGIFFS
OF
30. A person who by
reason of sickqess
or any other cause is . ME SICK, unable to give his consent shall not be deprived by any other
29
person
of medical treatment, education or any other social or economic benefit
by reason only of religious or other beliefs.
Emergency
Powers
31. (1) The President may, acting in accordance with the advice of the Council
of State, by Proclamation published in the Gazette, declare that
a state of emergency exists in Ghana or in any part of Ghana for the purposes
of the provisions of this Constitution.
. (2) Notwithstanding any other provision of this article,
where a proclamation is published under clause (1) of this article, the
President shall place immediately before Parliament, the facts and circumstances
leading to the declaration of the state of emergency.
(3) Parliament shall, within seventy‑two hours
after being so notified, decide whether the proclamation should remain
in force or should be revoked; and the President shall act in accordance
with the decision of Parliament.
(4) A declaration of a state of emergency shall cease
to have effect at the expiration of a period of seven days beginning with
the date of publication of the declaration, unless, before the expiration
of that period, it is approved by a resolution passed for that purpose
by a majority of all the members of Parliament.
(5) Subject to clause (7) of this article, a declaration
of a state of emergency approved by a resolution of Parliament under clause
(4) of this article shall continue in force until the expiration of a
period of three months beginning with the date of its being so approved
or until such earlier date as may be specified in the resolution.
(6) Parliament may, by resolution passed by a majority
of all members of Parliament, extend its approval of the declaration for
periods of not more than one month at a time.
(7) Parliament may, by a resolution passed by a majority
of all the members of Parliament, at any time, revoke a declaration
of a state of emergency approved by Parliament under this article.
(8) For the avoidance of doubt, it is hereby declared
that the provisions of any enactment, other than an Act of Parliament,
dealing with a state of emergency declared under clause (1) of this article
shall apply only to that part of Ghana where tile emergency exists.
(9) The circumstances under which a state of emergency
may be declared under this article include a natural disaster and any
situation in which any action is taken or is immediately threatened to
be taken by any person or body of persons which
(a) is calculated
or likely to deprive the community of the essentials of life; or
(b)
renders necessary the taking of measures which are required for
securing the public safety, the defence of Ghana and the maintenance of
public order and f supplies and services essential to the life of the
community.
10) Nothing in, or done under the authority of, an Act
of Parliament shall be field to be Inconsistent with, or In contravention
of, articles 12 to 30 of this Constitution to the extent that tile Act
in question authorises the taking, during any period when a state of emergency
is in force, of measures that are reasonably Justifiable for the purposes
of dealing with the situation that exists during that period.
C,
32. (1) Where a person is restricted or detained by virtue of a law made pursuant
to a declaration of a state of emergency, the following provisions shall
apply
(a)
he shall as soon as practicable, and in any case not later than twenty‑four
hours after the commencement of the restriction or detention, be furnished
with a statement in writing specifying in detail the grounds upon which
he is restricted
or detained and the statement shall be read or interpreted
to the person restricted or detained;
(b) the spouse, parent, child or other available next of kin of the person restricted
or detained shall be informed of the *detention or restriction within
twenty‑four hours after the commencement of the detention or restriction
and be permitted access to the person at the earliest practicable opportunity,
and in any case within twenty‑four hours after the commencement
of the restriction or detention;
(c)
not more than ten days after the commencement ‑of his restriction
or detention, a notification shall be published in the Gazette and in the media stating that he has been restricted or detained
and giving particulars of the provision of law under which his restriction
or detention is authorised
and the grounds of his restriction or detention;
(d) not more than ten days after
commencement of his restriction or detention, and after that, during his
restriction or detention, at intervals of not more than three months,
his case shall be reviewed by a tribunal, composed of not less than three
Justices of the Superior Court of Judicature appointed by the Chief Justice;
except that the same tribunal shall not review more than once the case
of a person restricted or detained;
(e) he shall be afforded every
possible facility to consult a lawyer of his choice who shall be permitted
to make representations to the tribunal appointed for the review of the
case of the restricted or detained person;
(f)
at the hearing of his case, he shall be permitted to appear in
person or by a lawyer of his choice.
(2) On a review by a tribunal of the case of a restricted or
detained person, the tribunal may order the release of the person and the payment
to him of adequate compensation or uphold the grounds of his restriction
or detention; and the authority by which the restriction or detention
was ordered shall act accordingly.
(3) In every month in which there is a sitting of Parliament,
a Minister of State authorised by the President, shall make a report to
Parliament of the number of persons restricted or detained by virtue of
such a law as is referred to in clause (10) of article 31 of this Constitution
and the number of cases ill which the authority that ordered the restriction
or detention has acted in accordance with the decisions of the tribunal
appointed under this article.
(4) Notwithstanding clause (3) of this article, the
Minister referred to in that clause shall publish every month in the Gazette
and in the media
(a) the number and
the names and addresses of the persons restricted or detained;
(b) the number of cases reviewed
by the tribunal; and
(c)
the number of cases in which the authority which ordered the restriction
or detention has acted in accordance with the decisions of.the tribunal
appointed under this article.
(5) For the avoidance of doubt, it is hereby declared
that at the end of an emergency declared under clause (1) of article 31
of this Constitution, a person in restriction or detention or in custody
as a result of the declaration of the emergency shall be released immediately.
Protection
of Rights by the Courts
33. (1) Where a person alleges that a provision of this Constitution on the
fundamental human rights and freedoms has been, or is being or is likely
to be contravened in relation to him, then, without prejudice to any other
action that is lawfully
available,
that person may apply to the High Court for redress. (2) The High Court
may, under clause (1) of this article, issue such directions or orders
or writs including writs or orders in the nature of habeas corpus,
certiorari, mandamus, prohibition, and quo warranto
as it may consider appropriate for the purposes of enforcing or securing
the enforcement of any of the provisions on the fundamental human rights
and freedoms to the protection of which the person concerned is entitled.
(3) A person aggrieved by a determination of the High
Court may appeal to the Court of Appeal with the right of a further appeal
to the Supreme Court.
(4) The Rules of Court Committee may make rules of court
with respect to the practice and procedure of the Superior Courts for
the purposes of this article.
(5) The rights, duties, declarations and guarantees relating to the fundamental
human rights and freedoms specifically mentioned in this Chapter shall
not be regarded as excluding others not specifically mentioned which are
considered to be inherent in a democracy and intended to secure the freedom
and dignity of man.
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