Freedom in the World 1998 - Ghana

1998 Scores

Status: Partly Free
Freedom Rating: 3.0
Civil Liberties: 3
Political Rights: 3

Overview

Ghana's political class appeared focused on the 2000 presidential elections set to mark President Jerry Rawlings' departure from office after nearly two decades in power. December 1996 presidential and legislative elections were judged free and fair by international observers, and the country slowly continued to consolidate democratic institutions. Vice President John Atta Mills received Rawlings' endorsement for the candidacy of the ruling National Democratic Congress (NDC). The opposition New Patriotic Party's John Kufuor could mount a serious challenge, although state patronage and resources are expected to bolster the ruling party's choice. A vigorous independent print media criticized both the ruling and opposition parties, but continued to be subject to criminal libel suits by government officials and other harassment.

Once a major slaving center and long known as the Gold Coast, the former British possession became black Africa's first colony to achieve independence. After the 1966 overthrow of its charismatic independence leader, Kwame Nkrumah, the country was wracked by a series of military coups for 15 years. Successive military and civilian governments vied with each other in both incompetence and mendacity. In 1979, then-Flight-Lieutenant Jerry Rawlings led a coup against the ruling military junta, and as promised, returned power to a civilian government after a "housecleaning" of corrupt senior army officers. However, the new civilian administration did not live up to Rawlings' expectations, and he seized power again in December 1981 and set up the Provisional National Defense Council (PNDC). The PNDC junta was radically socialist and populist and brutally repressive, banning political parties and free expression. Facing a crumbling economy, Rawlings in the late 1980's transformed Ghana into an early model for structural adjustment programs urged by international lenders. A new constitution adopted in April 1992 legalized political parties, and Rawlings was declared president after elections held in November 1992 which were neither free nor fair.

Ghana has experienced a slow liberalization since Rawlings' severe repression and failed socialism. Despite real progress, the rule of law is not yet assured and the judiciary is not yet truly independent. Police and other security forces often act with impunity. While the government claims that there are no political prisoners in the country, Amnesty International still lists about a dozen "prisoners of conscience" in Ghana. The transparency and accountability that are the cornerstones of good governance are lacking, and corruption could block economic growth.

Political Rights and Civil Liberties

The December 1996 president and parliamentary elections under Ghana's 1992 constitution allowed Ghanaians their first opportunity since independence to elect their representatives in genuine elections. A broad civic education campaign and international assistance with registration and other electoral procedures preceded voting. However, the elections were also marked by the ruling party's extensive use of state media and patronage to support incumbents. Rawlings' five percent re-election victory, which extended his sixteen-year rule, was also assured by opposition disunity. Ghana's 200-member legislature, elected on a single-member district system, is controlled by the NDC, which holds 133 seats.

Freedom of expression is constitutionally-guaranteed and generally respected. Ghanaians enjoy open political debate reflected in a robust private print media. Financial problems and government pressure, however, constrain the independent press. The government uses criminal libel laws that make reporting false information a felony in order to intimidate the media. In July, The Weekend Statesman editor Haruna Atta and Kweku Baako Jr. of The Guide, were jailed for 30 days on charges of criminal libel. In a statement that accompanied a public protest march, the local NGO Friends of Freedom declared, "The courts are now becoming an institution to subvert press freedom," and that heavy fines against journalists and publishers are weakening media freedom. Other obscure and rarely used laws have been invoked to intimidate the media. A 1964 law makes anyone publishing a report "likely to injure the reputation of Ghana or its government and which he knows or has reason to believe is false" subject to felony charges. Another 1960 law provides 10-year prison sentences for defaming or slandering the "Ghanaian State."

Despite the licensing of several independent radio and television stations, the power of state media also creates serious imbalances. The government allows little expression of opposition views over the national radio and television networks as well as in the two daily newspapers it controls.

The right to peaceful assembly and association is constitutionally guaranteed, and permits are not required for meetings or demonstrations. Numerous non-governmental organizations operate openly and freely, including human rights groups. Religious freedom is respected, but there are occasional tensions between Christians and Muslims and within the Muslim community itself.

Ghanaian courts have acted with increased autonomy under the 1992 constitution but are still subject to considerable governmental influence, especially in media-related cases. Traditional courts often handle minor cases according to local customs that fail to meet constitutional standards. Scarce judicial resources leave many people imprisoned for long periods under harsh conditions without trial.

Ghanaian women suffer societal discrimination that is particularly serious in rural areas, where opportunities for education and wage employment are limited, despite their equal rights under the law. Domestic violence against women is reportedly common, but often remains unreported. NGOs and the national human rights commissioner are campaigning against the tro-kosi system which is practiced in parts of northern Ghana, in which of young girls are forced into indefinite servitude to traditional religious priests. In September, the Federation of Women Lawyers(FIDA), announced victory in forcing the closure of a traditional detention center for women deemed by customary courts to be witches.

Trade union registration requirements under the Trades Union Ordinance are not now used to block union formation, but civil servants may not join unions. The Industrial Relations Act demands arbitration before strikes are authorized. The only labor confederation, the Trade Union Congress, is still aligned with the ruling party, although it is has shown signs of autonomy.

Ghana's ambitious privatization program has continued to draw foreign investment into a stock exchange that in 1998 defied global drops in share values. Gold mining profits and increased cocoa exports have contributed to growth, officially recorded at over five per cent for the past 12 years. Other analysts contest this figure, arguing that the growth barely matches a population expanding at of three percent annually, and that incentives to boost agricultural production among the country's largely rural 19 million people are necessary. Corruption is reportedly on the rise as the country is falls deeper into debt.