A/HRC/37/7
or Degrading Treatment or Punishment. Prior to that, the Commission on Human Rights
and Administrative Justice, an independent constitutional body that met the criteria for
national human rights institutions under the principles relating to the status of national
institutions for the promotion and protection of human rights (the Paris Principles), had
been discharging the responsibility of a national preventive mechanism by monitoring
detention facilities, especially prisons and police cells. The Office of the Attorney-General
would take the necessary action to seek Cabinet and Parliamentary approval to amend the
Commission’s mandate to enable it to undertake the additional responsibilities as a national
preventive mechanism before the end of the current Parliament.
10.
In December 2016, the people of Ghana had elected the President and 275
parliamentarians in elections that had been rated internationally as peaceful, transparent and
inclusive.
11.
In line with its commitment to abolish the death penalty, Ghana had voted in favour
of Council resolution 36/17 entitled “The question of the death penalty” during the thirtysixth Council session. On 24 April 2014, Cabinet had approved the abolition of the death
penalty. The penalty had, however, remained on statute books because it was an entrenched
provision in the Constitution, hence the need to overcome a number of legal hurdles,
including by holding a national referendum.
12.
Amnesty International (Ghana), in partnership with the Commission on Human
Rights and Administrative Justice, the Ghana Prisons Service and civil society
organizations, had been spearheading an advocacy campaign aimed at abolishing the death
penalty. The group was currently engaging the Government to put in place a formal
moratorium on the death penalty.
13.
The Government had tasked a small committee to review the large number of
proposed amendments to the Constitution with a view to continuing the work done by the
previous Constitutional Review Implementation Committee.
14.
The Implementation Committee had, nonetheless, sponsored the passage of the Head
of Family Accountability Bill, the Labour (Amendment) Bill, the Armed Forces
(Amendment) Bill, the Internal Audit Agency (Amendment) Bill, the Ghana Immigration
Service (Amendment) Bill and the Ghana Revenue Authority (Amendment) Bill.
15.
Proposed amendments to the Persons with Disability Act (2006), to make it
consistent with the Convention on the Rights of Persons with Disabilities, had been made
as of September 2017. Consultations had been held with stakeholders and it was expected
that the amendments would be passed into law by the end of 2018.
16.
Regarding women’s and children’s rights, the Office of the Attorney-General
together with the Ministry of Gender, Children and Social Protection were jointly
sponsoring an amendment to the Intestate Succession Act, 1985 to ensure that the same law
applied to all couples, regardless of the type of marriage contracted or the inheritance
system to which they belonged.
17.
A National Gender Equality Bill to ensure women’s participation in decisionmaking and politics was being prepared for Cabinet approval for passage by Parliament by
the end of 2018.
18.
Article 18 of the Constitution made provision for every Ghanaian, irrespective of
gender, to own property. Pursuant to that provision, a bill was currently before Parliament
to regulate the sharing of spousal property upon death or divorce in order to protect the
rights of women in cohabitation relationships and children born outside marriage.
19.
To ensure that every reported case of domestic violence, including female genital
mutilation, was investigated and prosecuted, the Domestic Violence and Victims Support
Unit of the Ghana Police Service had put in place a number of systems, including a referral
system that provided victims with counselling, medical and legal assistance.
20.
The Ministry of Gender, Children and Social Protection also operated public and
supported private shelters to provide care and rehabilitation services for victims of abuse
and trafficking.
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