Transitional Justice in Ghana

An Appraisal of the National Reconciliation Commission

Author: Dr. Marian Yankson-Mensah

Publisher: T.M.C. Asser Press

Book Series : International Criminal Justice Series

Part of: Springer Professional "Business + Economics & Engineering + Technology" , Springer Professional "Business + Economics"

Table of Contents

About this book

This book situates Ghana's truth-telling process, which took place from 2002 to 2004, within the discourse on the effectiveness of the different mechanisms used by post-conflict and post-dictatorship societies to address gross human rights violations. The National Reconciliation Commission was the most comprehensive transitional justice mechanism employed during Ghana's transitional process in addition to amnesties, reparations and minimal institutional reforms. Due to a blanket amnesty that derailed all prospects of resorting to judicial mechanisms to address gross human rights violations, the commission was established as an alternative to prosecutions.

Against this background, the author undertakes a holistic assessment of the National Reconciliation Commission's features, mandate, procedure and aftermath to ascertain the loopholes in Ghana's transitional process. She defines criteria for the assessment, which can be utilised with some modifications to assess the impact of other transitional justice mechanisms. Furthermore, she also reflects on the options and possible setbacks for future attempts to address the gaps in the mechanisms utilised.

With a detailed account of the human rights violations perpetrated in Ghana from 1957 to 1993, this volume of the International Criminal Justice Series provides a useful insight into the factors that shape the outcomes of transitional justice processes.

Given its combination of normative, comparative and empirical approaches, the book will be useful to academics, students, practitioners and policy makers by fostering their understanding of the implications of the different features of truth commissions, the methods for assessing transitional justice mechanisms, and the different factors to consider when designing mechanisms to address gross human rights violations in the aftermath of a conflict or dictatorship.

Marian Yankson-Mensah is a Researcher and Project Officer at the International Nuremberg Principles Academy in Nuremberg, Germany.

Frontmatter

Chapter 1. Introduction

Abstract

In 2002, a transitional justice process was initiated in Ghana through the establishment of the National Reconciliation Commission. In order to situate the Ghanaian transitional justice process within the context of international human rights principles for post-conflict and post-dictatorship state reconstruction, this chapter elucidates the subject of transitional justice by highlighting its scope, sketching its origins and identifying the underlying factors for development of the subject. It also focuses on the topic of truth commissions by examining their history, benefits and shortcomings. In addition, the chapter reflects on the contemporary legal basis for establishment of truth commissions by providing an overview of the right to truth. It concludes with an outline of the research objectives as well as the methodology and structure of the book.

Marian Yankson-Mensah

Chapter 2. Historical Background to the Establishment of the National Reconciliation Commission

Abstract

The establishment of Ghana’s National Reconciliation Commission was a response to gross human rights violations perpetrated under the rule of eight different civilian and military governments. Starting from the era of the Convention Peoples’ Party in 1957 and continuing through the end of the military rule by the Provisional National Defence Council in 1993, this chapter delves into the historical and social context within which the National Reconciliation Commission was established. It also relates the recurrence of the military in Ghanaian politics during the period as well as the role of both the military and constitutional governments in perpetrating human rights violations. Tracing the factors that created political divisions in the country, the chapter asserts that pre-independence polarisation in the country disposed successive governments to opposition. The chapter also provides a description of Ghana’s transition to democracy, the factors that either enhanced or disrupted the process and identifies the reasons why Ghana remained a conflicted democracy for nearly ten years after transitioning to democratic rule. The events that culminated in the creation of the National Reconciliation Commission not only provide an insight into the choices that Ghana made during its transition but also shed light on the rationale behind the commission’s mandate.

Marian Yankson-Mensah

Chapter 3. The Legal Framework of the National Reconciliation Commission

Abstract

The enabling laws and key features of a truth commission provide a basis for understanding its work. Hence, the absence of a comprehensive legal framework and extensive powers can translate into significant restrictions on addressing gross human rights violations. In unearthing the unique features and limitations of Ghana’s National Reconciliation Commission, this chapter examines the legal foundations for its establishment. Starting from the laws that limited recourse to prosecutions, the chapter reflects on the challenges posed by the existence of a blanket amnesty under Ghana’s 1992 Constitution. The chapter identifies the absence of a transitional justice policy and the principle of legality as other factors that hindered prosecutions during the transitional process. Using normative and comparative approaches, the chapter discusses the key features of the National Reconciliation Commission, including the nature of its membership, operational time frame, level of independence, nature of its powers and mandate. The discussion highlights the commission’s massive legal powers, which make it almost akin to a court.

Marian Yankson-Mensah

Chapter 4. The National Reconciliation Commission in Practice

Abstract

In transitional societies where the rule of law is in limbo and state institutions are usually fragile, implementation of mechanisms to address gross human rights violations can prove to be an arduous journey, and the establishment of truth commissions in such contexts is filled with several uncertainties. In as much as the work of a truth commission depends on its enabling laws, the extent to which the commission’s procedures comply with international human rights law is a defining element in meeting the outsized anticipations that usually accompany such mechanisms. In order to assess how the legal framework of Ghana’s National Reconciliation Commission was implemented, this chapter employs normative and comparative approaches to analyse how the commission carried out and fulfilled its mandate. It also reflects on the commission’s procedure, identifies the core challenges that hindered its work and assesses the strengths and weaknesses of the commission’s report. The accentuation of the commission’s structure, hearings and report provide insight into how the features and mandate of the National Reconciliation Commission defined and shaped its outcome.

Marian Yankson-Mensah

Chapter 5. The National Reconciliation Commission in Hindsight: An Evaluation of Impact

Abstract

Few studies in transitional justice rely on empirical data to interpret the outcome of truth commissions and to analyse the extent to which truth commissions impact transitional societies. In order to elucidate this aspect of transitional justice, this chapter examines the concepts of ‘impact’ and ‘success’ within transitional justice. It also designates criteria for assessing Ghana’s National Reconciliation Commission, which can be used for other truth commissions with minor contextual modifications. The established criteria form the basis for discussing the impact of the commission, using quantitative and qualitative data from a survey conducted by the author. The examination of the National Reconciliation Commission’s impact not only sheds light on the current perceptions held about the work of the commission in Ghana but also demonstrates how the use of empirical data helps to clarify the uncertainties about the impact of truth commissions.

Marian Yankson-Mensah

Chapter 6. After the National Reconciliation Commission: The Way Ahead

Abstract

Despite the full implementation of a particular transitional justice mechanism, some needs of a transitional society may remain unfulfilled. Tying the loose ends after a specific mechanism has executed its function would thus require resorting to other transitional justice mechanisms to complement and make amends for the limitations of the mechanisms that have already been implemented. In an effort to ascertain the transitional needs that remain unaddressed in Ghana after the work of the National Reconciliation Commission, this chapter utilises a normative approach to assess the commission’s work in relation to other transitional justice mechanisms—namely, prosecutions, amnesties, reparations and institutional reforms. Drawing on emerging and established principles of international human rights law, it identifies key loopholes and outstanding issues in Ghana’s transitional process. The chapter provides an insight into the legality of the amnesty provisions under Ghana’s 1992 Constitution, the country’s duty to prosecute gross human rights violations that were perpetrated from 1957 to 1993 and the extent of the fulfilment of victims’ rights to reparations.

Marian Yankson-Mensah

Chapter 7. Conclusion

Abstract

This book has examined Ghana’s NRC through an assessment of its features, competencies and effectiveness. It has also developed general assessment criteria for the impact of truth commissions, addressing gaps in the existing literature. Six main objectives inspired the author’s research.

Marian Yankson-Mensah

Backmatter

Title: Transitional Justice in Ghana
Author: Dr. Marian Yankson-Mensah
Publisher: T.M.C. Asser Press
Electronic ISBN: 978-94-6265-379-5
Print ISBN: 978-94-6265-378-8
DOI: https://doi.org/10.1007/978-94-6265-379-5