A/HRC/41/20
ultimately and within certain boundaries, the right to a non-conforming opinion and deviant
behaviour.
29.
The Director of Anti-corruption of the Ghana Commission on Human Rights and
Administrative Justice, Mr. Ayamdoo, presented the experience in Ghana of the
Commission on Human Rights and Administrative Justice in addressing corruption.
Established in 1993, the Commission had gathered ample evidence demonstrating the direct
and clear link between corruption and human rights.
30.
The Commission comprised three institutions – a national human rights institution,
the office of the Ombudsman and an anti-corruption agency – in one office. This placed it
in a formidable position to address corruption and to promote and protect human rights.
Critical to the success and working of the Commission was its constitutionally guaranteed
independence, the security of tenure of the Commissioner and two deputy Commissioners,
the range of functions, and the broad powers afforded to the Commission. Its functions
included investigating complaints of human rights violations, administrative injustice,
corruption and reprisals against whistle-blowers and their families. For that purpose, it had
been granted wide-ranging powers, including the powers to issue subpoenas to summon
persons before the Commission to produce any document or record relevant to the
investigation; to prosecute any person in contempt of a subpoena before a competent court;
to question any person in respect of any matter under investigation; and to require any
person to disclose any information in their knowledge truthfully and frankly. In addition,
the Commission could take action in court to seek any remedy available from the court for
the proper discharge of its mandate. With regard to reprisals against whistle-blowers, it
could issue orders, which had the same effect as a judgment or order of the High Court.
31.
The Commission was instrumental in a number of areas and activities. For example,
it coordinated the development of the national anti-corruption action plan, and chaired the
National Monitoring and Evaluation Committee overseeing it. The Commission
emphasized the linkages between corruption and human rights at international and regional
conferences, within the context of the drafting and implementation of the national anticorruption action plan and in its public education and outreach activities. It investigated
cases of reprisals against whistle-blowers, and recommended police protection as well as
rewards for whistle-blowers whose testimony was instrumental in the recovery of assets.
The Commission encouraged anti-corruption education as part of human rights education
and training. It also conducted numerous investigations. In the case Somi v. Tema General
Hospital, for example, the Commission had determined that the absence of medical
personnel was an abuse of office and a form of corruption, a corrupt practice that had
resulted in the loss of life of a mother and her child. In the case, the Commission awarded
compensation against the hospital. Mr. Ayamdoo also reported on cases of “gifts” to public
officials that the Commission considered corruption, and cases of discrimination on the
basis of sex as a violation of human rights.
32.
Mr. Ayamdoo recommended that the organizations of the United Nations system
should support and build the capacity of anti-corruption agencies and relevant national
authorities to identify the negative impact of corruption on human rights and to enable them
to implement anti-corruption measures in accordance with human rights principles. They
should also support States in developing anti-corruption strategies that clearly incorporated
human rights principles.
33.
After the panellists took the floor and before the interactive dialogue, the moderator
invited two speakers to present their preliminary comments. The Chair of the Working
Group on the issue of human rights and transnational corporations and other business
enterprises, Anita Ramasastry, drew attention to the report of the Working Group on best
practices and how to improve on the effectiveness of cross-border cooperation between
States with respect to law enforcement on the issue of business and human rights
(A/HRC/35/33). In its report, the Working Group recommended that States investigate
corruption-related offences, which had a human rights element and could be pursued in
connection with cross-border crimes. The Working Group also recommended that
prosecutors should take human rights factors into account when deciding whether to pursue
a criminal investigation related to corruption. Ms. Ramasastry stressed that certain types of
global banking and financial practices had consequences for human rights; they included
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