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2021 | OriginalPaper | Chapter

6. The Fight Against Poverty and the Right to Development: The Ghana National Chapter

Author : Raymond A. Atuguba

Published in: The Fight Against Poverty and the Right to Development

Publisher: Springer International Publishing

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Abstract

Development has no end; the journey to that place of sublime comfort exists in perpetuity; and with this in mind, the world must remain ever resilient in our march towards development, as we strategically pull down the walls of engrained and radical poverty. This paper investigates Ghana’s outlook on development and the fight against poverty, through the lenses of the Constitution, Statutory Laws, International Law applicable in Ghana, National Policies, Government Institutions, Case Law and Development Programmes; highlighting the areas of significant improvement and marking out the ailing parts that need pruning.

The opener to this Chapter takes an in-depth view into the bond between Ghana’s municipal law and the law of nations (international law) and discerns ways by which Ghana’s law unites with conventions, treaties, principles, customs and usages of public international law, which contribute immensely to the expansion of the pathways to development; at the same time exploring a wealth of multilateral treaties signed or ratified by Ghana at the sub-regional, regional, and global levels. It proceeds to discuss the local measures and mechanisms to attain enhanced development in Ghana, especially, the role of judicial and quasi-judicial bodies in promoting the right to development through adjudication and enforcement of human rights claims. However, the argument is made that the rights which usually come to the fore are civil and political; with a dearth of judicial activism in advancing purely economic, social and cultural rights. The paper also brings to light, Ghana’s methodological approach towards the realization of the Sustainable Development Goals (SDGs) and various bilateral deals with foreign countries to further her developmental interests.

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See: Article 1 (2) of the 1992 Constitution of Ghana which states: “This Constitution shall be the supreme law of Ghana and any other law found to be inconsistent with any provision of this Constitution shall, to the extent of the inconsistency, be void.”

Under Article 11 (2) of the 1992 Constitution of Ghana, it is provided: “The common law of Ghana shall comprise the rules of law generally known as the common law, the rules generally known as the doctrines of equity and the rules of customary law including those determined by the Superior Court of Judicature.”

See also: Article 272 which states: “The National House of Chiefs shall; (b) undertake the progressive study, interpretation and codification of customary law with a view to evolving, in appropriate cases, a unified system of rules of customary law, and compiling the customary laws and lines of succession applicable to each stool or skin.” The Courts Act 1993, (Act 459), section 55(2) provides that “If there is doubt as to the existence or content of a rule of customary law relevant in any proceedings before a court, the court may adjourn the proceedings to enable an inquiry to be made under subsection (3) of this section after the court has considered submissions made by or on behalf of the parties and after the court has considered reported cases, textbooks and other sources that may be appropriate to the proceedings”. Section 55(3) of Act 459 provides that “the inquiry shall be held as part of the proceedings in such manner as the court considers expedient, and the provisions of this Act relating to the attendance and testimony of witnesses shall apply with such modifications as may appear to the court to be necessary”.

Shaw (2003), pp. 121–124; Brownlie (2003), pp. 31–33.

The United Nations Convention on the Recognition and Enforcement of Foreign Arbitral Awards (New York, 1958) is annexed to the Alternative Dispute Resolution (ADR) Act of Ghana, 2010 (Act 798) as Schedule One.

AU Convention Governing Specific Aspects of Refugee Problems in Africa (1969); the UN Convention Relating to the Status of Refugees (1951); and the UN Protocol Relating to the Status of Refugees (1967).

This is laid down in article 75(2)(b) of the Constitution, 1992. It states that: a treaty, agreement or convention executed by or under the authority of the President shall be subject to ratification by a resolution supported by the votes of more than one-half of all members of Parliament.

The Republic v High Court (Commercial Division), Accra, Ex parte Attorney-General, NML Capital Ltd. 1st Interested Party; Republic of Argentina, 2nd Interested Party (Supreme Court Decision-Suit No. J5/10/2013).

John Ndebugre v Attorney-General (Supreme Court Decision-Suit No. J1/5/2013).

Republic of Ghana Treaty Manual. United Nations Organization (Legal). Available at: http://legal.un.org/avl/documents/scans/GhanaTreatyManual2009.pdf?teil=II&j.

Article 40 provides: “…In its dealings with other nations, the Government shall…(c) promote respect for international law, treaty obligations and the settlement of international disputes by peaceful means; (d) adhere to the principles enshrined in or as the case may be, the aims and ideals of- i) the Charter of the United Nations; ii) the Charter of the Organisation of African Unity; iii) the Commonwealth; iv) the Treaty of the Economic Community of West African States; and v) any other international organisation of which Ghana is a member.”

Article 73 provides that, “The Government of Ghana shall conduct its international affairs in consonance with the accepted principles of public international law and diplomacy in a manner consistent with the national interest of Ghana.”

New Patriotic Party v. Inspector-General of Police [1993–94] 2 GLR 459.

Section 49A of the Criminal and Other Offences Act, 1960 (Act 29) of Ghana says: “(1) Whoever commits genocide shall on conviction be sentenced to death.”

See: Article 33 (5) of the 1992 Constitution of Ghana.

New Patriotic Party v Inspector General of Police [1993–94] 2 GLR 459 p. 505.

Public Order Decree 1972 (NRCD 68). This has been repealed by the Public Order Act of 1994 (Act 491).

In the Commissioner, CHRAJ, Grace Fosu & Thelma Hammond v. Ghana National Fire Service & Attorney General (Suit No. HR 0063/2017), the trial High Court judge applied the Convention on the Elimination of all Forms of Discrimination against Women (CEDAW) and the International Covenant on Civil and Political Rights (ICCPR) in arriving at a decision, though those conventions have not been ratified by way of Act of parliament.

Tsikata v. Republic Criminal Appeal (J3/3/2010) [2011] GHASC 3 (19 January 2011) [online] Available at: https://ghalii.org/gh/judgment/supreme-court/2011/3.

Re: Akoto and 7 Others, [1961] GLR 523.

Republic of Ghana Treaty Manual. United Nations Organization (Legal). Available at: http://legal.un.org/avl/documents/scans/GhanaTreatyManual2009.pdf?teil=II&j.

Gladys Mensah v. Stephen Mensah [2012] 1 SCGLR 300.

This provision (Article 22(3) of the 1992 Constitution) states that: “With a view to achieving the full realization of the rights referred to…(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.”

Section 10 (1) (c) of the 2009 Interpretation Act of Ghana (Act 792). The inelegant phraseology is the drafter’s.

The Republic v Eugene Baffoe-Bonnie and 4 others (Supreme Court Decision-Suit No. J1/06/2018).

Ghana Lotto Operators Association v. National Lottery Authority [2007–2008] SCGLR 1088.

The National Lotto Act, 2006, (Act 722).

Ghana Lotto Operators Association v. National Lottery Authority [2007–2008] SCGLR 1088.

The concept of customary international law entails two elements, namely State Practice and Opinio Juris. State practice is how states behave in practice that forms the basis of customary law. Evidence of what a state does can be obtained from numerous sources. Examples include, a government’s administrative acts, legislation, decisions of courts and activities on the international stage, for example, treaty-making. Opinio Juris is a belief that a state activity is legally obligatory, and this forms the factor which turns the usage into a custom and renders it part of the rules of international law.

See: Article 11(1)(e) and (3) of the 1992 Constitution of Ghana.

The Republic v. High Court (Commercial Division), Accra, Ex Parte Attorney-General, NML Capital Ltd. 1st Interested Party; Republic of Argentina, 2nd Interested Party (Suit No.J5/10/2013).

Affirmed by Article 18 of the Vienna Convention on the Law of Treaties. See Atuguba (2005), p. 19.

Jus cogens, also known as peremptory norms, refers to certain fundamental principles of International Law which no international legal personality or State is permitted to set aside, violate or derogate from. Jus cogens has been captured under Article 53 of the Vienna Convention on the Law of Treaties (VCLT) concluded at Vienna on 23 May 1969 as follows: “A treaty is void if, at the time of its conclusion, it conflicts with a peremptory norm of general international law. For the purposes of the present Convention, a peremptory norm of general international law is a norm accepted and recognized by the international community of States as a whole as a norm from which no derogation is permitted and which can be modified only by a subsequent norm of general international law having the same character.” (Article 53 is Captioned: TREATIES CONFLICTING WITH A PEREMPTORY NORM OF GENERAL INTERNATIONAL LAW (“JUS COGENS”)). Examples of jus cogens norms include prohibitions against genocide, human trafficking and crimes against humanity.

See Atuguba (2005), p. 14.

University of Minnesota Database: [online] Available at: http://hrlibrary.umn.edu/research/ratification-ghana.html.

Find list of regional and international instruments attached as Appendix, with Tables 6.1, 6.2, 6.3 and 6.4.

Refer to Appendix.

Arms Trade Treaty (ATT); see https://thearmstradetreaty.org.

UNFCC website: https://unfccc.int/process-and-meetings/the-paris-agreement/the-paris-agreement.

International Labour Organization, Ratifications for Ghana. Available at: https://www.ilo.org/dyn/normlex/en/f?p=NORMLEXPUB:11200:0::NO::P11200_COUNTRY_ID:103231.

Economic Community of West African States, 2013. Status of Ratification of the ECOWAS Revised Treaty, Protocols and Conventions as at 10th July, 2013. Available at: http://ecowasmigration.ug.edu.gh/wp-content/uploads/2015/04/ECOWAS-2013-Status-of-Ratification-of-ECOWAS-Revised-Treaty-and-protocols-as-at-10-July-2013.pdf.

Article 36(2)(e) the 1992 Constitution of Ghana.

Article 36(6), (7) and (10) of the 1992 Constitution.

Article 12(1) of the 1992 Constitution of Ghana.

Article 12(2) of the 1992 Constitution of Ghana.

Article 33(1) and 140(2) of the 1992 Constitution of Ghana.

United Nations Human Rights Office of the High Commissioner, The Right to Development at Glance, http://www.un.org/en/events/righttodevelopment/pdf/rtd_at_a_glance.pdf.

Bortei-Doku Aryeetey et al. (2014), p. 38.

Ibid.

Chapter 5 of the 1992 Constitution of Ghana.

Bortei-Doku Aryeetey et al. (2014).

These include the National Media Commission (NMC), the National Commission for Civic Education (NCCE) and the National Commission on Women and Development (NCWD), which is now part of the Ministry for Gender, Children and Social Protection.

Article 125(1) of the 1992 Constitution of Ghana.

Adjei Ampofo v. Accra Metropolitan Assembly [2007–2008] 1 SCGLR 611.

Martin Kpebu v. Attorney General (Suit No. HR/0088/2-16).

Abel Edusei v. Attorney-General & Another [1996–97] S.C.G.L.R 1.

Ibid. at p. 32.

New Patriotic Party v. Inspector-General of Police [1993–94] 2 GLR 459.

NRCD 68 and PNDCL 48.

Act 491. This Act does not require a permit as a condition for such events, but a notification to the police of the event.

New Patriotic Party v Attorney-General (CIBA case) (1996–97) SC GLR 729.

Kunbor (2001).

[1959] GLR 1. This case was about the rights of persons detained under the Preventive Detention Act (PDA) of 1958 (Act No 17). The detainees applied for a writ of Habeas Corpus before the court, but this was denied on the basis that the court was barred from enquiring into those matters of which the Governor-General had indicated that he was ‘satisfied’ that the detention was within the remits of the PDA.

[1961] GLR 523. This case was also about the rights of persons detained under the Preventive Detention Act (PDA) of 1958. The detainees applied for a writ of Habeas Corpus before the court, but it was refused on grounds that the Act had vested plenary discretion in the Governor-General which cannot be called in question by the court.

[1981] GLR 944.This case involved the purported trial and conviction of the plaintiff in absentia under the military regime of the Armed Forces Revolutionary Council (AFRC). The plaintiff questioned the legality of his purported trial at the Supreme Court under the 1979 republican democratic dispensation. The court was of the view that there was a judicial action taken by the special court under the AFRC regime, and therefore upheld the conviction.

[1980] GLR 637. This case was about whether or not Justice Apaloo was deemed the Chief Justice under the newly established 1979 Constitution. The plaintiff in the matter was not Justice Apaloo, but an ordinary citizen, who challenged the vetting and rejection of Justice Apaloo by the Parliament. The court ruled in favour of the plaintiff and held that Justice Apaloo was deemed CJ after the coming into force of the 1979 Constitution.

[1996–97] SCGLR 1. This case involved a citizen whose passport was impounded by the government of Ghana and he applied to the Supreme Court for redress. The case was struck out at the Supreme Court on grounds that the Supreme Court was not the appropriate forum at first instance for human rights proceedings.

[1993–94] 2 GLR 35. This case involved whether or not the government at the time could celebrate the 31st December 1981 Coup d’état with public funds. The Supreme Court of Ghana held that it was unconstitutional for the Coup d’état to be celebrated with public funds.

[1996–97] SC GLR 729. In this case, the plaintiff, a political party registered as a body corporate, invoked the original jurisdiction of the Supreme Court for a declaration that: (1) the Council of Indigenous Business Associations Law, 1993 (PNDCL 312) was inconsistent with and in contravention of articles 21(1)(e), 35(1) and 37(2)(a) and (3) of the 1992 Constitution of Ghana, and consequently void. The court held that the plaintiff as a legal person had capacity under article 2(1) of the Constitution, 1992 to bring the action. The court also held that the directive principles of state policy were not by themselves legally enforceable by any court unless read in conjunction with other enforceable provisions. There court went on to assert the constitutional principle of freedom of association.

Baxi (1994), pp. 1 and 2.

New Patriotic Party v Attorney-General (31st December case) [1993–94] 2 GLR 35.

New Patriotic Party v Attorney-General (CIBA case) [1996–97] SC GLR 729.

Ghana Lotto Operators Association and Others v National Lotteries Authority [2007–2008] 2 SCGLR 1088.

Federation of Youth Associations of Ghana v. Public Universities of Ghana (No 2) [2011] 2 SCGLR 1081.

Supreme Court of Ghana, Suit No J1/8/2014; judgment delivered on 28 July 2015.

See Nyinevi (2017), p. 155.

See Articles 129 (3), 136 (5) and 141. Also see Bimpong-Buta (1983–86), pp. 129–151 for a detailed discussion on judicial precedent in Ghana.

White (1988).

Ibid.

Established under article 216 of the 1992 Constitution of Ghana.

See section 7 of the Commission on Human Rights and Administrative Justice Act, 1993 (Act 456).

Constitutional Instrument number 17, (C. I. 17).

Section 7 (1) of Act 456.

Ibid., section 10.

See sections 12–16 and 18 of Act 456 and C. I. 17 generally.

See article 218(d) of the 1992 Constitution of Ghana.

Ibid.

See article 140 (2) of the 1992 Constitution.

Overview of Case Statistics Since Inception of CHAJ: 1993–2018. (On file with CHRAJ and author).

Overview of Case Statistics Since Inception of CHAJ: 1993–2018. Classification of Complaints Received According to Human Rights, Administrative Justice and Corruption. (On file with CHRAJ and author).

Commission on Human Rights and Administrative Justice, Twentieth Annual Report (2013). Available at https://chraj.gov.gh/wp-content/uploads/2019/04/2013-Annual-Report.pdf.

Ibid. at p. 11.

Ibid. at p. 19.

Ibid, p. 20.

Ibid. at p. 21.

Ibid. at p. 23.

Short (1997), p. 99.

Established under article 166 of the 1992 Constitution of Ghana.

100

National Media Commission Act, 1993 (Act 449).

101

See Article 162 of the 1992 Constitution of Ghana.

102

Section 2(1)(b) of National Media Commission Act, 1993 (Act 449).

103

The National Media Commission (Complaints Settlement Procedure) Regulations, 1994 (LI 1587).

104

The National Media Commission, “Complaint Settlement”. Available at: https://www.ghanaweb.com/GhanaHomePage/NewsArchive/Complaint-Settlement-23722.

105

Ibid.

106

Decisions of the Complaints Settlement Mechanism of the National Media Commission (2011). On file with the National Media Commission and author.

107

Ibid.

108

This assertion was affirmed by the Supreme Court in Raphael Cubagee v Michael Yeboah & Others (Supreme Court, Suit No. J6/04/2017) where Pwamang JSC, delivering judgment on behalf of the Supreme Court, admitted that Ghana’s laws undertake a balancing exercise by balancing the rights of the ordinary citizen and that of the public interest, in respect of admission of illegally obtained evidence which impinges on the right to privacy guaranteed in Article 18(2) of the 1992 Constitution of Ghana.

109

Decisions of the Complaints Settlement Mechanism of the National Media Commission (2011). (On file with the National Media Commission and author).

110

Findings and Rulings of NMC Settlement Committee: Nana Akufo-Addo vrs Daily Post, Ghanaian Lens, The Enquirer, Informer and Al Hajj Newspapers (On file with the National Media Commission and author).

111

National Media Commission (Complaints Settlement Procedure) Regulations 1994 (LI 1587).

112

NMC DIRECTS AWAKE NEWSPAPER TO APOLOGISE TO REGISTRAR-GENERAL (PRESS RELEASE, 2019). Registrar-General v Emmanuel Efo Korsi Senyo, Awake Newspaper. (On file with author).

113

Givelber (1982), pp. 42–75.

114

NMC Settles Complaint on Pornography. https://www.ghanaweb.com/GhanaHomePage/NewsArchive/GJA-expresses-concern-about-pornography-36473.

115

The National Labour Commission (NLC) is established under section 135 of the Labour Act (Act 651). Its functions are spelt out under section 138 of Act 651 and they include: facilitating the settlement of industrial disputes; investigating labour related complaints; and taking steps necessary to prevent labour disputes. By section 139(2) of Act 651, the Commission has powers of the High Court in respect of enforcing attendance of witnesses and examining them on oath; compelling the production of documents and issuing a commission to examine a witness abroad. The NLC Regulations (2006), (LI 1822) and the Labour Regulations (2007), (LI 1833) are the subsidiary legislation governing the operations of the NLC.

116

National Labour Commission, Annual Report (January 1–December 2017). On file with NLC and author.

Ibid. p. 19.

Ibid. p. 19.

Ibid. p. 20.

Ibid. pp. 21–23.

Ibid. p. 24.

NLC/G 254/016/2017/35^s (On file with NLC and author).

123

NLC/G 293/18/2019/79 (On file with NLC and author).

124

NLC/G293/18/2019/79^Z (On file with NLC and author).

125

Mediation Report: In the Matter Between Ebenezer Opoku-Asomani (Complainant) and Energoprojekt Ghana Limited (Respondent) (On file with NLC and author).

126

Arbitration Award: In the matter of Voluntary Arbitration between Robert Gorden Allan Lindsey (Complainant) and Coastal Mining/Exploration Limited (Respondent) (On file with NLC and author).

127

The right of every citizen of Ghana who is 18 years or above and is of sound mind to vote in public elections or referenda, is guaranteed under Article 42 of the 1992 Constitution.

128

Abu Ramadan & Evans v. Electoral Commission & Attorney General (J8/108/2016) [2016] GHASC 19 (05 July 2016).

129

The functions of the NNCE are specified in Article 233 of the 1992 Constitution.

130

Article 2(2) of the 1986 UN Declaration on the Right to Development.

131

See sections 4 and 16 of National Commission for Civic Education Act, 1993 (Act 452).

132

See Article 234 of the 1992 Constitution and National Commission for Civic Education Act, 1993 (Act 452), section 3.

133

National Commission for Civic Education, Twenty-Fourth Annual Report and Accounts, 2017 (published July, 2018), (on file with NCCE and author).

Ibid, p. 7.

Ibid, p. 8.

Ibid, p. 32.

Ibid.

Ibid, p. 60.

Ibid.

Ibid, p. 68.

The Committee on Economic, Social and Cultural Rights is a body of 18 independent experts that monitors implementation of the ICESCR by its States parties. The Committee was established under ECOSOC Resolution 1985/17 to carry out the monitoring functions of the United Nations Economic and Social Council (ECOSOC): https://www.ohchr.org/EN/HRBodies/CESCR/pages/cescrindex.aspx.

142

Human Rights Enforcement Mechanisms of the United Nations: https://www.escr-net.org/resources/human-rights-enforcement-mechanisms-united-nations [Accessed on: 23rd July, 2019].

143

Stand Ghana, Human Rights Instruments Ghana Ratified. Available at: https://www.standghana.org/your-rights/human-rights-instruments-ghana-ratified/.

144

Article 6 of the ICCPR.

145

Article 3 & 14 of the ICCPR.

146

Article 9 of the ICCPR.

147

United Nations Human Rights, Office of the High Commissioner (OHCHR). Available at: https://www.ohchr.org/EN/HRBodies/CCPR/Pages/CCPRIndex.aspx.

148

Int’l Fin. Corp (2007), p. 28.

149

See: Article 2 and 3 of the CEDAW.

150

The United Nations Committee on the Elimination of Discrimination against Women (CEDAW), an expert body established in 1982, is composed of 23 experts on women’s issues from around the world. Available at: https://www.un.org/womenwatch/daw/cedaw/committee.htm.

151

UN Committee on the Rights of Children.

152

United Nations, Children and Educational Fund (UNICEF), Implementing and monitoring the Convention on the Rights of the Child: Turning child rights into action and results for children. Available at: https://www.unicef.org/child-rights-convention/implementing-monitoring.

153

New Patriotic Party v. Attorney-General (CIBA Case) [1997–98] 1 GLR 378.

154

In the discourse of Human Rights, there is a marked schism between civil/political rights and socio-economic rights. The fundamental cause of this is justiciability. Even advanced democracies like Canada and the United States did not give the latter rights any constitutional protection. In some African countries like Botswana, Tunisia, Zimbabwe and Zambia, such rights are not provided for. Yet in other African countries they are explicitly provided for as justiciable rights. Ghana and South Africa are apt examples. Comparatively however, the socio-economic rights in Ghana are not as exhaustive as those in the South African Constitution. For instance, they do not include an explicit provision on the right to health.

155

Atuguba (2013), pp. 109–116.

156

Eide et al. (ed) (2001), p. 5.

157

Ghana Lotto Operators Association v National Lottery Authority [2007–2008] SCGLR 1088.

158

Article 34(1) of the 1992 Constitution of Ghana.

159

Article 34(2) of the 1992 Constitution of Ghana.

160

See Kooijman (1990), p. 320 (he saw the relevance of providing for these sets of socioeconomic rights and civil and political rights in equal proportions and advocated mutuality in their conception and enforcement).

161

See Willes (2006–2007), p. 35.

162

See Addo (1992), pp. 93–117.

163

Article 86 and 87 of the 1992 Constitution of Ghana.

164

National Development Planning Commission, Medium Term Expenditure Framework (MTEF) for 2019–2022. Available at https://www.mofep.gov.gh/sites/default/files/pbb-estimates/2019/2019-PBB-NDPC.pdf.

165

The National Development Plans for Ghana are traceable to the pre-independence era. They include: Guggisberg Plan: 1919–27; The 10-year development plan (condensed into 5 years): 1951–56; The consolidated development plan: 1957–59; The 5-year development plan: 1959–1964; The 7-year Development Plan: 1963/64–1969/70, which aimed at modernizing the economy of Ghana through industrialization; The 2-year Development Plan: 1967/68–1969/70; The 1-year development Plan: 1970–1971; The 5-year Development Plan: 1975/76–1979/80 Part 1; The 5-year Development Plan: 1975/76–1979/80 Part 2; The Economic Recovery Programme: 1984–86; The Ghana-Vision (2020) (1997–2020); The Ghana Poverty Reduction Strategy (GPRS I): 2003–2006; The Ghana Growth and Poverty Reduction Strategy (GPRS II): 2006–2009; The Better Ghana Agenda: 2010–2013; The 40-year National Development Plan: 2018–57; 7-year National Development Plan: 2018–2024

See: Tandoh-Offi (2013) (Serial Number 2), pp. 98–99. Also see Fosu and Aryeetey (2010), pp. 8, 27.

166

President Akufo-Addo launches 7-year Co-ordinated Programme of Economic and Social Development Policies. Available at http://www.ghana.gov.gh/index.php/news/4560-president-launches-action-plan-to-combat-anti-microbial-resistance.

167

United Nations Development Programme (UNDP). Sustainable Development Goals, Background of the Goals. Available at: https://www.undp.org/content/undp/en/home/sustainable-development-goals/background.html.

168

Ghana Millennium Development Goals: 2015 Report (2015), pp. 1–97. https://www.undp.org/content/dam/ghana/docs/Doc/Inclgro/UNDP_GH_2015%20Ghana%20MDGs%20Report.pdf.

169

Ibid, p. 1.

170

Ibid, p. 9.

171

See: UNDP (2017) (pdf). The Sustainable Development Goals (SDGs) in Ghana: Why they matter & How we can help. Available at: https://www.undp.org/content/dam/unct/ghana/docs/SDGs/UNCT-GH-SDGs-in-Ghana-Avocacy-Messages-2017.pdf.

172

See United Nations Sustainable Development Partnership (UNSDP) 2018–2022 Ghana: Between the Government of the Republic of Ghana and the United Nations in Ghana. https://www.undp.org/content/dam/unct/ghana/docs/Delivering%20as%20One/UNCT-GH-UNSDP-2018.pdf.

173

Ghana’s Progress Report on SDGs to be submitted to UN General Assembly: https://www.ghanaweb.com/GhanaHomePage/business/Ghana-s-progress-report-on-SDGs-to-be-submitted-to-UN-General-Assembly-607009.

174

Government of Ghana, GHANA REPORTS ON PROGRESS OF IMPLEMENTATION OF SDGS AT 2019 HLPT. Available at: http://www.ghana.gov.gh/index.php/media-center/news/5846-ghana-reports-on-progress-of-implementation-of-sdgs-at-2019-hlpf.

175

National Development Planning Commission: http://www.ndpc.gov.gh [Accessed on: 31st March, 2018].

176

Partnerships for the SDGs: https://sustainabledevelopment.un.org/partnership/?p=11224.

177

Data Production for SDG Indicators in Ghana (March 2017) and Ghana’s Data for Sustainable Development Roadmap (April 2017), statsghana.gov.gh [Accessed on: 23rd July, 2019].

178

United Nations.org (March, 2017). “Overview of institutional arrangements for implementing the 2030 Agenda at national level” [online] Available at: https://sustainabledevelopment.un.org/content/documents/10735Updated_Issues_Brief_rev10_1_March_2017.pdf.

179

Media Foundation for West Africa, “Civil Society Set Up SDGs Platform in Ghana” [online] Available at: http://www.mfwa.org/country-highlights/civil-society-set-up-sdg-platform-in-ghana/.

180

SDG Philanthropy Platform.org, “Engaging Philanthropy to Take Actions on the SDGs” [online] Available at: https://www.sdgphilanthropy.org/.

181

Article 12(2) of the 1992 Constitution of Ghana.

182

Article 33(1) and Article 140(2) of the 1992 Constitution of Ghana.

183

Ahumah Ocansey v Electoral Commission; Centre for Human and Civil Liberties (CHURCIL) v. Attorney-General & Electoral Commission [2010] SCGLR 575.

184

Abdulai and Quantson (2008/2009), pp. 114–151.

185

Ibid. at p. 136.

186

Ibid. at p. 137.

187

Ghana Developing Communities Association (GCDA) is an NGO working in Northern Ghana to eliminate poverty and empower communities. A number of their projects that are in line with the SDGs include the Kaya Girls Project and Empowerment for Life and Communities Fighting Hunger Project. https://www.gdcaghana.org/copy-of-empowerment-for-life.

188

National Development Planning (System) Act of 1994 (Act 480).

189

Ibid., section 1(1).

190

National Development Planning (System) Regulations, 2016 (L.I 2232).

191

COMMITTEE ON THE RIGHTS OF PERSONS WITH DISABILITIES—Article 36—Consideration of reports: http://www.ohchr.org/EN/HRBodies/CRPD/Pages/ConventionRightsPersonsWithDisabilities.aspx.

192

THE SUSTAINABLE DEVELOPMENT GOALS (SDGS) www.ghana.gov.gh/index.php/media-center/press-release/1958-the-sustainable-development-goals-sdgs.

193

SUSTAINABLE DEVELOPMENT GOALS: http://www.gh.undp.org/content/ghana/en/home/sustainable-development-goals.html.

194

Agenda 2063: https://au.int/en/agenda2063.

195

Ibid.

196

Forty-four countries sign historic African Union free trade agreement: http://www.africanews.com/2018/03/21/forty-four-countries-sign-historic-africa-union-free-trade-agreement//.

197

Africa’s big new free trade agreement, explained: https://www.washingtonpost.com/news/monkey-cage/wp/2018/03/29/the-countdown-to-the-african-continental-free-trade-area-starts-now/?utm_term=.6b0b54ab32af.

198

See: “About AGOA” [online] Available at: https://agoa.info/about-agoa.html.

199

US Department of State, Bureau of African Affairs, 2019. U.S. Relations with Ghana. https://www.state.gov/r/pa/ei/bgn/2860.htm.

200

Department for International Development—DFID, Foreign and Commonwealth Office, HM Treasury (2015), Partnerships for Poverty Reduction: Rethinking Conditionality. A UK Policy Paper. https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/211182/partnerships-poverty-reduction.pdf.

201

Department for International Development (DFID), Girls’ Participatory Approaches for Student (G’s PASS or G-PASS), 2012. https://devtracker.dfid.gov.uk/projects/GB-1-202493/documents.

202

Department for International Development (DFID), Market Development in Northern Ghana (MADE). Retrieved from https://devtracker.dfid.gov.uk/projects/GB-1-201857/documents.

203

Department for International Development (DFID), Ghana Health Sector Support Programme (2012–2018) https://devtracker.dfid.gov.uk/projects/GB-1-203536.

204

Africa Division Funding to the African Agriculture Company (AgDevCo), Addendum to Business Case for Bridge Funding and Scale-Up Cost and Time Extensions (01/2019). https://devtracker.dfid.gov.uk/projects/GB-1-204270/documents.

205

Department for International Development (DFID), Annual Review—Summary Sheet (07/2018), Ghana Oil and Gas for Inclusive Growth (GOGIG). Retrieved from https://devtracker.dfid.gov.uk/projects/GB-1-204330/documents.

206

Department for International Development (DFID). Annual Review Summary Sheet, 2018. Policy Research Fund. Retrieved from https://devtracker.dfid.gov.uk/projects/GB-1-204584/documents.

207

Ministry of Foreign Affairs of Denmark, Danida. Denmark—Ghana Partnership Policy 2014–2018. http://ghana.um.dk/en/danida-en.

208

Ministry of Foreign Affairs of Denmark. Danida Business Partnerships. http://kenya.um.dk/en/danida-en/menu-1/danida-business-partnerships/.

209

Ministry of Foreign Affairs of Denmark. Financing for Development http://um.dk/en/danida-en/Sustainable%20Growth/financing-for-development/.

210

Building Stronger Universities in Developing Countries. Retrieved http://bsuud.org.

211

Sarpong (2015), p. 1440.

212

Ibid. See Abstract of the paper.

213

Government of Ghana, GHANA, CHINA SIGN COOPERATION AGREEMENTS. Available at: http://www.ghana.gov.gh/index.php/news/4959-ghana-china-sign-cooperation-agreements.

214

Ibid.

215

The Joint Commission on Economic, Trade and Technical Cooperation is a medium term Development Assistance Agreement, expected to be signed every four years between the two countries to ensure economic cooperation.

216

Ghana Investment Promotion Centre, Ghana to Benefit from US $60 Billion Chinese Fund for Africa…Signs New Agreement with China. Available at: https://www.gipcghana.com/press-and-media/570-ghana-to-benefit-from-us-60-billion-chinese-fund-for-africa-signs-new-agreement-with-china.html.

217

CIDCA, China-aided satellite TV project completed in Ghana. Available at: http://subsites.chinadaily.com.cn/cidca/2019-05/14/c_373099.htm.

218

Japan International Cooperation Agency, 2015. News: Fight to Eradicate Guinea Worm Disease in Ghana. https://www.jica.go.jp/english/news/field/2015/150625_01.html.

219

Japan International Cooperation Agency, 2015. News: Fight to Eradicate Guinea Worm Disease in Ghana. https://www.jica.go.jp/english/news/field/2015/150625_01.html.

220

“Population Health Management: Ghana.” Improvement Strategies. Primary Health Care Performance Initiative, 2018, https://improvingphc.org/ghana.

221

Japan International Cooperation Agency, 22 March 2016. Press Release: Commissioning Ceremony of CHPS Compound and Equipment by the “Project for the Development of Community-based Health Planning and Service Infrastructure in the Upper West Region”. https://www.jica.go.jp/ghana/english/office/topics/press_160322.html.

222

The Republic of Ghana, Japan International Cooperation Agency. Project to Support the Operationalisation of the In-Service Training Policy, 2006. https://www.jica.go.jp/project/ghana/0604654/pdf/GhanaINSET_Sourcebook2.pdf.

223

Article 36(2)(e) the 1992 Constitution of Ghana.

224

University of Minnesota Database: [online] Available at: http://hrlibrary.umn.edu/research/ratification-ghana.html.

Abdulai A-G, Quantson R (2008/2009) The changing role of CSOs in public policy making in Ghana. Ghana Soc Sci J 5 & 6(1 & 2)

Addo MK (1992) Justiciability re-examined. In: Beddard R, Hill DM (eds) Economic, social and cultural rights: progress and achievement. St. Martin’s Press, New York, p 1992

Atuguba RA (2005) Human trafficking in Ghana: a review legislation. ILO, Geneva

Atuguba RA (2013) Equality, non-discrimination and fair distribution of the benefits of development. In: Realizing the right to development: essays in commemoration of 25 years of the United Nations Declaration on the Right to Development, New York and Geneva. United Nations Publication

Baxi U (1994) Inhuman wrongs and human rights: unconventional essays. Har-Anand Publications, pp 1 and 2

Bimpong-Buta SY (1983–86) Sources of law in Ghana. Rev Ghana Law 15:129–151

Bortei-Doku Aryeetey E et al (2014) The right to development report: Ghana country study (on file with author)

Brownlie I (2003) Principles of public international law, 6th edn. Oxford University Press

Eide A et al (eds) (2001) Economic, social and cultural rights. Martinus Nijhoff Publishers

Fosu AK, Aryeetey E (2010) Ghana’s Post Independence Growth (1960–2000). Available at: https://www.researchgate.net/publication/288587408_Ghana’s_post independence_economic_growth_1960-2000. Accessed 8 Aug 2019

Givelber D (1982) The right to minimum social decency and limits of evenhandedness: intentional infliction of emotional distress by outrageous conduct. 82(1):42–75. Available at: https://www.jstor.org/stable/1122238?seq=1#page_scan_tab_contents. Accessed 8 Aug 2019

Int’l Fin. Corp (2007) Gender and Economic Growth Assessment for Ghana (2007), 28

Kooijman (1990) Human rights – universal Panacea? – Some reflections on the so-called human rights of the third generation. Neth Int Law Rev:320

Kunbor B (2001) Epistolary jurisdiction of the Indian Courts and Fundamental Human Rights in Ghana’s 1992 constitution: some jurisprudential lessons. Law Soc Justice Global Dev 2. http://elj.warwick.ac.uk/global/issue/2001-2/kunbor.html

Nyinevi CY (2017) Challenges to judicial enforcement of socio-economic rights in Africa: comparative lessons from Ghana and South Africa. In: Ghana @ 60: governance and human rights in twenty-fist century Africa. Pretoria University Law Press

Sarpong LA (2015) Ghana-China relations (figures of controversy), Conference: Advances in Economic and Business Management, New Delhi, vol 2(14), pp 1138–1142

Shaw MN (2003) International law, 5th edn. Cambridge University Press

Short EF (1997) Economic, social and cultural rights in the 1992 constitution- what legal consequences. In: Open fora on human rights issues in Ghana. KAF, Accra, p 99

Tandoh-Offi P (2013) Development planning in Ghana since 1992: implications for decentralization process. International Relations and Diplomacy 1(2):93–107

White LE (1988) Lessons from Driefontein on lawyering and power. Wis Law Rev:699

Willes E (2006–2007) Aspirational principles or enforceable rights: the future for socio-economic rights in national law. Am Univ Int Law Rev 22:35

Title: The Fight Against Poverty and the Right to Development: The Ghana National Chapter
Author: Raymond A. Atuguba
Publisher: Springer International Publishing
Book: The Fight Against Poverty and the Right to Development
Print ISBN: 978-3-030-57323-2

Electronic ISBN: 978-3-030-57324-9

Copyright Year: 2021
DOI: https://doi.org/10.1007/978-3-030-57324-9_6

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