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Roles and Mandates in Accessing Justice by State Institutions. (LRC)
Access to justice is a prerequisite for the full enjoyment of fundamental human rights. However, the goal of ensuring that the Ghanaian justice system is structured and administered in a manner that provides its citizens and residents with the knowledge, resources and services they require to address their legal issues has unfortunately remained subtle.
The problem stems from the alienation and exclusion of many individuals from the system, due to challenges that include; difficulties in accessing legal information; physical and material barriers to accessing institutions of justice; the prohibitive cost of legal proceedings; weak legal aid to enable less affluent members of society to access justice and poor coordination between the various Institutions of Justice.
At a workshop organized by the Legal Resource Center on Wednesday 15th June 2022 at the Ningo- Prampram District Assembly’s conference hall, to educate participants on the roles and mandates of some state institutions in accessing justice. Rule of law specialist at LRC, Mr. Enock Jengre stated that access to justice has become necessary and therefore there is the need for the public to be educated to aid in seeking redress.
Accordingly, Mr. Jengre noted many of the citizenry do lack knowledge on legal issues and therefore it behooves the state institutions to educate the public in accessing justice when the need arises.
He further urged participants to be advocates at their various communities that there are state institutions like the Legal Aid Commission (LAC), Commission on Human Rights and Administrative Justice (CHRAJ) among others that would aid in accessing legal redress.
Speaking at the workshop, the Ningo-Prampram District Director for the National Commission for Civic Education, Mr. Oppong Mensah highlighted the commission’s mandate to access justice by the citizenry. According to Mr. Mensah, “The mandate is made up of establishment and functions of NCCE. Our mandate is the Constitutional authority the Commission has to undertake its functions.”
Article 231 of the 1992 Constitution of the Republic of Ghana establishes the Commission and the National Commission for Civic Education act; Act 452 creates the Commission. He added.
He further stated both Article 233 of the Constitution and Section 2 of Act 452 of 1993 (hereinafter referred to as the Act) mandate the NCCE to perform the following functions:
(a) To create and sustain within the society the awareness of the principles and objectives of the Constitution as the fundamental law of the people of Ghana;
(b) To educate and encourage the public to defend the Constitution at all times, against all forms of abuse and violation;
(c) To formulate for the consideration of Government from time to time, programs at the National, Regional, and district levels aimed at realizing the objectives of the Constitution;
(d) To formulate, implement, and oversee programs intended to inculcate in the citizens of Ghana awareness of their civic responsibilities and an appreciation of their rights and obligations as free people; and
(e) Such other functions as Parliament may prescribe.
In the performance of our functions, the following are among the mediums through which we reach out to our target groups; Face to face delivery with identifiable and non-identifiable groups, Community durbar, Town hall meetings, Mobile van announcements, and public education through community information centers, the media, etc.
“As a Commission, the role we play in ensuring access to justice in Ghana as enshrined in the 1992 Constitution of the Republic of Ghana is inculcating the tenants of the Laws of Ghana in the general public. Among other things, when individuals come to us with issues, after listening to them, we refer them to the appropriate institutions that are legally mandated to give redress.” He stated.
Another state institution empowered to educate the citizenry regarding access to justice is the Commission on Human Rights and Administrative Justice (CHRAJ).
The Ningo-Prampram District Director for CHRAJ, Madam Velvert Ashitey underscored the Commission on Human Rights and Administrative Justice (CHRAJ) was established by Act 456 on the 6th July 1993pursuant to Article216 of the 1992 Constitution of Ghana.
“The Commission took over the functions as well as the cases pending before the erstwhile Office of the Ombudsman, which dealt basically with issues of Administrative Justice.” She stated.
According to Madam Ashitey, the mandate is threefold; Human Rights Mandate, Administrative, and Justice Mandate.
Human Rights Mandate
The mandate of the commission is to investigate complaints of violations of fundamental Human rights and freedoms in Ghana and to advance a culture of respect for human rights in the Ghanaian society.
Promotion and Prevention
This mandate grouped into two (2); Promotion and Prevention, Protection and Enforcement.
CHRAJ must promote and protect fundamental human rights and freedom. This is achieved through; Education, Research, and Monitoring.
Education
The 1992 Constitution in Section 218(f) mandates CHRAJ to educate the public as to human rights and freedoms by such means as the Commissioner may decide, including publication, lectures, and symposia. This is achieved through the organization of public education programs and awareness creation using Print media, TV, Radio, Newspapers, Workshops, conferences, training programs, quiz competitions, and outreach programs to faith-based organizations, civil society organizations, and the rural communities.
Research and Monitoring (SOHR)
The Commission engages in research and monitoring activities basically to help prevent human rights violations from occurring; Prompt early warning signals, to bring out the areas of major concern to monitor the observance of human rights in Ghana to ensure that the state adheres with its obligations under National and International human rights law or conventions. Provide reliable information for the government, International Community, and the public.
Protection and Enforcement
Under this activity, the Commission investigates complaints of violation of fundamental human rights and freedoms using various techniques, including ADR means, that is; Mediation, Negotiation, and Formal Hearing.
The Commission also carries out a special investigation into Human rights abuses that are
Systemic (widespread structural or endemic human rights violations, e.g., child non-maintenance, child labor) or Cultural (e.g., FGM, Banishment into witch Camp, Trokosi)
Administrative Justice
As the ombudsman of Ghana, the Commission promotes administrative justice in public administration and secures improvement in public sector service delivery in Ghana.
Anti – Corruption
The Commission is one of the State agencies with the power to promote
integrity in the public service and combat corruption in Ghana.
Access to Justice.
The CHRAJ since its inception has received approximately 281,450 grievances or complaints and resolved 277, 624 (98.6%) about its three thematic mandate areas namely human rights, administrative justice, and anti-corruption.
Declined
During the initial assessment at the admissibility conference, the Commission declines further investigations into cases due to a lack of mandates.
Referred:
The Commission refers complaints to appropriate institutions like Courts, Department of Social Welfare, Police, Labour Commission, Rent Office, etc.
Discontinued
In the course of the investigation, the Commission ceased to investigate complaints due to circumstances that make further investigations unnecessary (lack of personal interest, the lapse of time, etc.).
Who can make a complaint?
The commission receives complaints from individuals, groups of persons, and institutions.
Make a complaint?
Complaints can either be written or Oral (at any of the Commission’s offices – head Office in Accra, Regional, or District Offices).
ISD
Ningo-Prampram
