KNOWING YOUR RIGHT, AN ELEMENT OF DEMOCRACY.

Human Right Activism has become a legal weapon in the hand of every civilized citizen. They are enforceable in the courts of law, and most importantly are referred to as Natural Rights, but the mind boggling issue is that; Natural Rights are only in three dimensions, namely: Right to Life, Liberty and the Right to own Property. The rest are all what the state may by law or statute provide. The primitive notion is that, man was born with these rights, hence cannot be taken away from him or her. Renounced English theorist, Thomas Hobbes paints an hypothetical situation where man out of his own will entrusts his natural right into the hand of a sovereign under an ideological Social Contract elaborated in his treatise, the Leviathan (1651). Samuel Pufendorf (1673), John Locke (1689), J.J Rousseau (1762), Immanuel Kant (1797) in the same vein shares a similar view, and bought into it in one way or the other. In present times, Human Rights under the Universal Declaration on Human Rights (UDHR), 1948 at the Palais de Chaillot, Paris has become laws of member states of the United Nations (UN), of which Ghana is no exception. This has been ear-marked under chapter 5 of the 1992 fourth republican constitution. The purpose of this essay is to highlight the basic Human Rights under the constitution.

Human Rights under the Ghanaian constitution are entrenched provisions pursuant to article (art.) 290 clause (1) paragraph (d). This is an indication that, Human Rights are highly accorded in the Ghanaian jurisprudence. These provisions to the lay man may mean; provisions that cannot be amended, but are provisions that can only be amended within the strict procedure set out under clause (4) of art. 290 to the legal mind. In the clear sense, it is a provision whose amendment must be subjected to the interest of the public, wherein a referendum of 40% of people entitled to vote must be held, and 75% of them must have voted in favour. Moreso, in serving the President with such bill to be assented, it is accompanied by a certificate from the Electoral Commission, and bearing the seal of the commission, that the bill be approved at a referendum in accordance with art. 292(b). This is a clear indication that Human Rights are attached with some importance. Below are discussed human rights enjoyed as a citizen of Ghana.

The life of any person cannot be taken by the state or any other person, except in the exercise of an execution of a sentence of a court when the person has been found on all grounds of a high criminal offence under the laws of Ghana. This can be affirmed by reading art. 13(1) of the constitution.

“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.”

A person shall not also be held to have deprived another person of his life when the person dies out of a lawful act of war or any reasonable act of force justifiable under paragraphs (a) to (d) of art.13(2). Thus, a person is not liable on conviction purported to have taken the life of another person when for the defence of any person from violence or for the defence of property; or in order to effect a lawful arrest or to prevent the escape of a person lawfully detained, or for the purposes of suppressing riot, insurrection or mutiny, or in order to prevent the commission of a crime by that person.

Subject to the 1992 constitution, every person shall have a Right of Personal Liberty or freedom, and this right cannot be taken by anybody or authority except in certain instances prescribed by law. These have been delineated under art. 14(1) of the constitution. This can be carried out under an order of the court in the execution of a sentence in respect to a criminal matter, or in the execution of a court punishing for contempt. It can also be carried out for the purposes of bringing one before a court in the execution of an order, or in a case where a person is suffering from an infectious or contagious disease, a person of unsound mind, a person addicted to drugs or vagrant for the purposes of care or protection of community. Again, it can be exercised for the purposes of protection of education or welfare of a person who has not attained the age of eighteen years, prevention of the unlawful entry in Ghana, or for removal of persons from Ghana, or persons conveyed through Ghana in the extradition or removal from one country to another upon reasonable suspicion of his having committed or about to commit a criminal offence under the laws of Ghana. 

Notwithstanding to the earlier, a person arrested, restricted or detained shall be informed immediately; in a language he understands of the reasons for the arrest, restriction or detention and of his right to a lawyer of his choice as clearly spelt out under art. 14(2)(a). If the person is brought before a court in the execution of a court order upon reasonable grounds of having committed a crime or on suspicion per art. 14(2)(b), he shall be brought before a court within forty-eight hours.

(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.”

When the person arrested, restricted or detained is not tried within the reasonable time then without prejudice to any further proceedings that may be brought against him, he shall be released either unconditionally or on conditions necessary to ensure that he appears at a later date for trial or proceedings. A person who has been unlawfully arrested shall be entitled to compensation from that other person under clause (5). Where a person convicted and sentenced to a term of imprisonment has spent some period in lawful custody, it shall be considered and justice would be meddled with mercy in such instance. When he has spent the whole or partial jail term and he is acquitted on appeal by a court other than the Supreme Court, the court may certify the Supreme Court that he is paid compensation, and the compensation may be awarded accordingly.

(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 an 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 examination 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.”

Equally important is the Protection of Privacy of Home and other Property indicated under art. 18. It states that, every person has the right to own property either alone or in association with others. Ghana permits citizens to own their own property; moveable or immovable except in few instances by statutory provisions may pay rate upon them, serving as revenue to government. Nobody’s privacy, communication inter alia can be interfered or intercepted except in accordance with law for public safety or economic well-being. Thus, to prevent the commission or omission of an act or whatsoever.

(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.”

Having discussed the three fundamental Human Rights I would like to stop here and reserve the remaining for another discussion. I entreat you all to take note of the following rights.

Gracias,

By Felix Acquaye.

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*For contributions, clarifications and other purposes call the writer*