Youth for Human Rights International (YFHRI) – a non-governmental organization (NGO) in collaboration with the US Institute of Diplomacy and Human Rights (USIDHR) have marked this year’s International Human Rights Day in Ho with a call on world leaders to protect and respect the universal human rights and privileges of all citizens of the world.
The International Human Rights Day is observed on the 10th of December every year to commemorate the 1948 United Nations General Assembly’s adoption of the Universal Declaration of Human Rights which was proclaimed as a “common standard of achievement for all people and all nations towards which individuals and societies should strive by progressive measures, national and international, to secure their universal recognition and observance”.
The celebration was marked with a route march by school children through the principal streets of Ho after which inter schools quiz competitions were organized and supervised by the National Commission for Civic Education (NCCE) to test the knowledge of the children on human rights issues and to inculcate same in them.
A statement jointly released by the organizing agencies and signed by country representative, Dr Desben Somabe, observed the growing poverty and inequality plaguing the African continent.
It said poverty and wealth are often discussed as though they had very little to do with each other.
“Extreme poverty is directly related to inequality especially but not only in relation to wealth and income distribution within countries of the world,” it stated.
The theme for the International Human Rights Day 2022 is ‘Dignity, Freedom, and Justice for All”, in celebration of the 75th anniversary of the adoption of the UDHR on December 10, 1948. The year-long campaign focused on the universality of the UDHR and it’s associated activism.
Dr Somabe commended parents, staff and participating schools for preparing the children for the celebration and encouraged the youth to be ambassadors of peace wherever they found themselves.
Below is the full statement:
US INSTITUTE OF DIPLOMACY AND HUMAN RIGHT (USIDHR) IN COLABORATION WITH
YOUTH OF HUMAN RIGHTS (YHRI) CELEBRATES THE 75TH INTERNATIONAL HUMAN RIGHTS DAY.
International Human Rights Day is observed on the 10th decenber every year to commemorate the 1948 United Nations General Assembly adoption of the Universal declaration of Human Rights. it was proclaimed as “acommon standard of achievement for all people and all nations” towards which individuals and societies should “strive by progressive measures, national and international, to secure their universal recognition and observance.”
Under the leadership of the US Institute of Diplomacy and Human Right (USIDHR) in colaboration with Youth for Human Rights Internatonal(YHRI), Desben Somsbe, PhD. Some groupe of Volunteers, Parents, Staff and Students of some Schools in the Volta Region of Ghana had the privilage full of enthusiasm to join other humanitarian organisations in Ghaana to celebrate the event commencing with a health walk across some principal streets of the Volta Regional capital at exactly 8:00 am and ended at 10:00am where petitions were signed and presented to the ambassador of the USIDHR and the East Africa Chapter Leader of UHRI, Desben Somabe, PhD. additionally, he addressed the gathering about the 30 articles of the universal declaration of human rights whilst some children exhibited their culture dance and music competition making the event full of fun and educative.
Professor Desben in his address commended parents, staff and paticipating schools for sacrificing their time and prepare these talented children and also encouraged the youth to be ambassadors of peace wherever they found themselves. He futhere toucched on inequality as the trigger of human rights violations. Poverty and wealth are often discussed as if they have very little to do with one another. In resent report, the Special Rapporteur argues that extreme poverty is directly related to extreme inequality, especially, but not only, in relation to wealth and income distribution within countries. He also argues that international human rights law has much to say about existing inequalities and how they can be reduced in order to eliminate extreme poverty
The international human rights community has largely reciprocated the economists’ neglect by ignoring the consequences of extreme inequality in the vast majority of its advocacy and analytical work. It does so at its peril, however, since a human rights framework that does not address extreme inequality as one of the drivers of extreme poverty and as one of the reasons why over one quarter of humanity cannot properly enjoy human rights is doomed to fail. Under the ICCPR everyone has the right to life and the right not to be arbitrarily deprived of his/her life. This right may not be time bound or suspended in times of emergency.
The present report is not, therefore, about the ways in which extreme inequality and grievous violations include Torture, Political Executions, Assassinations, Arbitrary Arrests, Abductions, And Detentions without Trial. Child Labor, Child Marriage, Domestic Violence, Rape, Forced Eviction, Invasion, ect, can be dealt with.
As part of the celebration, our attention have drawn to the massive vis-à-vis practice of using arbitrary arrests and detentions to prevent the free exercise of the rights to freedom of expression, opinion, association and peaceful assembly across the world especially in the Volta Region, Upper East Region, Northern Region, North Eastern Region and Oti Regions recorded, Western Togoland, and would further urge the chairman of the Economic Community of West Africa States (ECOWAS) to as a matter of urgency act for the release and provide the governance necessary to apply treaties and protocols on democracy, human rights including socio-economic rights. Our attention have further been to the case of Michael Kwabla, Nene Tawia Agblom II, Gbedema John, Afedo Emmanuel Harford, Cephas Zodanu, and other 51 people. Instead of the 48-hours requirement in the criminal procedure law, they were arbitrarily arrested and detained since October 2020 till date. Eventually, they were held in pre-trial detention for over 732 days without a court ever ruling on an application for their release. it is also alleged that one of the suspect was tortured till he died in police custody on the 20th march 2022 without rials we are calling on the international human right agencies to conduct a private investigation into the matter. We demand justice for Felix Bessa Gosso Galon.
Despite recurrent endeavours at challenging this detention, yet no court has ruled on its lawfulness or pre-trial release. They were repeatedly denied a proper hearing on either legality of the arrest or on pre-trial detention, with proceedings being regularly delayed simply because the prosecutor argued that more time was needed to conduct investigations.
The few who were previously released were threatened to be immediately re-arrested and detained should they exercise their rightsto expression, opinion, association and peaceful assembly.
Mr Michael Kwabla is a leading member of one of the seven non-governmental organizations that work for the self-determination of the people of the Volta Region, Upper East Region, Northern Region, North East Region and Oti Region of Ghana, which they call “Western Togoland.” They are dedicated to working for self-determination solely through non-violent means and its activities typically consist of dialogue, protest and other non-violent symbolic acts, as well as discussion about the history of “Western Togoland” alternative forms of self-determination for its people.
THE ARBITRARY ARRESTS OF WESTERN TOGOLANDERS
In the past, our forefather’s experienced arbitrary arrests, detentions and tortures under the hands of the Security Forces of Ghana. Unfortunately some of them died as a result. This continued under every regime of Ghana ever since. Matters became worst even in 1972 when as a result of some 120 chiefs and prominent people of the land rise to challenge the status quo, the then head of State of Ghana, General Ignatius Kutu Acheampong passed a decree called, “SUPREME MILITARY COUNCIL DECREE: PROHIBITED ORGANISATIONS DECREE, 1976 (SMCD 20)” banning any individual or groups as far as Western Togoland issues are concerned. But for the intervention of Amnesty International and some key players, political prisoners of Western Togoland would have been executed in January 1976 as found on page 61 of The Amnesty International Report of 1975-1976.
EXILE: Prominent overlords and people of Western Togoland had to flee into exile in order to safeguard their lives because of the arbitrary arrests and harassments they faced under the hands of Ghana. Some as a result of their opposition to their inclusion into Ghana have become targets of the government in power and have since not returned to their thrones. Those who remained to fight for their rights were later killed. The government in power then installed wrongful people on the thrones of such individuals. This has led to many chieftaincy disputes we have in our territory up to today. Many families have also been displaced as a result.
NATURAL AND HUMAN RESOURCES: Although Western Togoland is significantly endowed with many mineral resources such as gold, crude oil, salt, bauxite, mercury, shell etc., poverty is at an unprecedented rate. The people have been marginalised and neglected in terms of development. Her communities are one of the poorest in the world. There is a large infrastructural deficit and a very high unemployment rate. Migration is classically on a high time rise. Some graduates resort to identity changes due to the tribal discrimination to get jobs in Ghana.
The citizenry are deprived from their entitlement as beneficiaries of what is thes. This has only aggravated their impoverishment status as accrued generated revenue from Western Togoland has been diverted persistently through the appointees of the oppressive state. Their natural resources are being tapped illegally by Ghana. As such, their water bodies, environment and livelihood have been greatly affected.
LANGUAGE: The fear and feeling of being harassed and rejected when one is identified as a Western Togoland citizenhave led to many not speaking their native language. They have been told time and time by Ghanaian statesmen and citizens that they are not Ghanaians. This has led to what is commonly known as the “Inferiority Complex Syndrome”. In anyway, they have been forced to learn and speak languages that are foreign to them. This unfortunately seems to be the status quo.
CULTURE: Citizens of Western Togoland have been greatly deprived of practicing their own culture. Anytime they happen to meet to discuss issues pertaining to their culture, history and tradition, they are arrested. This has worsened in most recent times.
INFRASTRUCTURE: Road network in the entire Western Togoland are very much deplorable. The only accessible road is the ECOWAS road. Since 1952 till today, various governments have abandoned the Eastern Truck/Corridor. This road leads the south to the north and further Burkina Faso as captioned in the most secret document and British Cabinet Memo of 1952.
Schools and hospitals are under infrastructure challenges leading to poor academic performances and healthcare problems in many areas.
CAUSES OF THE RECENT ACTIONS: Our current investigation reveals that there are over seven active groups in Ghana since 1994, openly and non-violently working for self-determination. In September 2020, one of the groups called Western Togoland Restoration Front, with Mr Michael Kwabla made the second symbolic declaration of independence few about a year afterthe leaders of Homeland Study Group Foundation. (HSGF) made the first symbolic declaration of independence in November 2019 which as a result emanated the arbitrary arrests of the people of western Togoland to date.
The first declaration followed few weeks after it became evident that the government did not include Volta region in the 2020 national budget which later the senior minister Yaw Osafo Maafo confirmed that it was an obvious mistake. Their question was that, why should you have 16 children and reject one. So now the rejected son had decided to be independent (graphic.com.gh, November 14- 2019).
The justification to Mr Michael Kwabla declaring the territory independent the second time has to do with the statement made by the MP of AdansiAsokwa Constituency, Honorable KT Hammond. He said that Voltarians are not Ghanaians but Togolese and had further referred them to their territorial history that shows that they are truly not Ghanaians. (June, 28-2020 http//thebbcghana.com/don’t-allow-voltarains-vote-theyre-togolese-k-t-hammond/) and had indeed reminded them of their history.
The unbearable discrimination and intimidations on Ewes and Northerners by Ashantes in new Edubiase telling them to leave and that they are strangers who do not deserve to register as voters on Ashanti land. Wednesday July 08 2020 www.whatappnewsghana.com. How would you feel if you happened to be an Ewe?
The arrests started from 26 October 2020 from the entire regions of Western Togoland, where they reside. They were taken to Accra, the capital city of Ghana some four – six hours’ drive away, further separating them from their families.
Detention in Accra was without legal purpose, they were charged with the following offenses;
1. The violation of the “Prohibited Organisations Act” of 1976 in a case proceeding before the Courts.
2 The Prohibited Organisations Act is an arcane and disused decree of dubious illegalities in Ghana, issued in 1976 by the Supreme Military Council, a military junta that ruled Ghana for some eight (8) years in the 1970s. The decree violates basic principles of international human rights law by establishing a blanket ban over organizations working for self-determination of the people of the Volta Region and criminalizing all those engaged with those organizations in any way.
Specifically, the decree prohibits any organization “whose objects include advocating and promoting the secession from Ghana of the former British mandated territory of Togoland or part thereof or the integration of the said territory with any foreign territory.” The decree does not similarly prohibit such organizations focused on any other territory of Ghana. The act was discriminatory and targeted at a group of people.
Moreover, the decree makes it a crime punishable by five years in prison: (a) to summon any person to a meeting of the organization; (b) attend or cause any person to attend any meeting of the organization; (c) to publish any notice or advertisement relating to any meeting of the organization; (d) to prepare or participate
1 These regions of the said territory and the neighbouring Togolese Republic were once jointly-controlled by the German Empire and were later split into British Togoland and French Togoland.
During the period of decolonization, French Togoland became an independent state, the Togolese Republic, while British Togoland was merged into neighbouring Ghana, also under British domination, following a plebiscite that some disputed. 2 Available at https://lawsghana.com/pre_1992_legislation/SMC%20Decree/PROHIBITED%20ORGANISATIONS %20ACT,%201976%20(SMCD%2020)/118
2. In any procession or propaganda, campaign of the organization; (e) to use any slogan or label of the organization; (f) to invite persons to support the organization; (g) to grant a loan to, or make any contribution to, funds held or to be held by or for the benefit of, the organization or accept any such loan or contribution; (h) to give any guarantee in respect of such loan or funds as aforesaid; or (i) to be a member of such organization.
This decree does not appear to have ever been used since the establishment of democracy in Ghana with the Forth Republic in 1992. Critically, the groups have been openly engaging on the subject of “Western Togoland” since 1994 and no action appears to ever have been taken to designate as an organization under the decree, nor does any member of the groups ever appear to have been prosecuted based on it.
3. This is unsurprising as its status as a lawful instrument is highly questionable in light of provisions in the current Constitution of Ghana that require laws enacted prior to the Constitution to be brought into line with it. Worst of it all, this decree has never been made public to citizens, neither is it in any of our educational books. It is also being made known to victims after they have been arrested. The Constitution of Ghana explicitly guarantees basic human rights and fundamental freedoms, including the equal application of the law and the rights to freedom of opinion, speech, association and assembly. As such, the use of the decree in this instance appears to be entirely arbitrary.
It appears to have been dusted off by the public prosecutor simply to justify the repeated arrests and detentions of Mr. Michael Kwabla and others in circumstances where there were no grounds or evidence on which to arrest or prosecute them under the ordinary criminal law of Ghana.
THE ARRESTS AND PROLONGED DETENTION
In recent years, members of the groups have been regularly arrested and detained for entirely non-violent activities. Its members have been arrested for wearing T-Shirts, holding meetings and attending peaceful demonstrations. A pattern has emerged in which participants in the group activities have been detained and held without charge for lengthy periods until a court either orders their release or the authorities release them knowing that a court will do so. These same people are then quickly rounded up and re-arrested https://unpo.org/article/22162 3thus restarting the procedural clock related to arrests and detention.
This appears to be a naked attempt by the authorities to use criminal procedure law as a means of silencing non-violent, protected opinion, speech, association and assembly. The above case appears to be evidence of yet another attempt in this regard, marking a significant escalation on the part of the government of Ghana.
Having failed to find any charges to bring against members of the groups, the authorities appear to have decided to revert to a blunt instrument of oppression created by Ghana’s military dictatorship. In doing so, it presents a significant danger from the respect for human rights and the rule of law in Ghana as a whole.
The use of the Prohibited Organizations Act in this case sends a clear signal to the people of the Western Togoland: unlike every other citizen in Ghana, they have no right to hold opinions, form organizations or speak about the right to self-determination irrespective of whether they are doing so entirely non-violently, through lawful means and within the boundaries of the laws and principles governing democratic, public participation in Ghana.
Our appeal, as a consequence of the systematic pattern of continuous arrests and releases of the groups’ members as well as the use of the aforementioned decree is highly likely to be re-arrested, like many others.
In fact, many have been threatened by the Prosecutors with re-arrests and denial of bail if they ever talks about Western Togoland again, further infringing on their right to freedom of expression and freedom of assembly. As such, although those released on bail, they still face the threat of arrest and further detention
4. As in the case of those released indicates, the government of Ghana has repeatedly disregarded international human rights standards within the five Regions that constituted Western Togoland. Moreover, while not directly relevant to this application, it is worth noting here that the actions of the Ghanaian authorities not only constitute a violation of international law; but also simply bad policy.
The government’s continued use of the Prohibited Organizations Act and criminal law more generally to deal with the non-violent self-determination movement in the five Regions that constitute Western Togoland is creating space for radical or violent groups. As a result, the government’s actions are not only violating basic principles of democratic governance and international human rights law; they are making Ghana less safe for all of its citizens.
In conclusion, the study recommends a schedule for the future for tackling inequality, including: obligating to reduce extreme inequality as well as human rights violations; giving economic, social and cultural rights the same prominence and priority as are given to civil and political rights; recognizing the right to social protection; implementing fiscal policies specifically aimed at reducing inequality; revitalizing and giving substance to the right to equality; and putting questions of resource redistribution at the center of human rights debates.
Our humbly appeal to the international community and civil society organizations such as Amnesty International and all stakeholders on the corridors of peace to advice Ghana as a matter of urgency, expedite action to;
1. Declare the arrest and detention of Michael Kwabla, Nene TawiaAgblom, Gbedema John, Afedo Emmanuel Harford, Cephas Zodanu, Richard Norgbodzi, Prosper Avumenyi, Samuel Gagbetor, Charles Eloh, Gbadago Benjamine Kplivi Benjamin, Afeku Isaac, dzreke Abedneg, Tetevi Raphael, Jasper Mawulolo, Ametepe Richard, AtigaDziwornu, Daniel Yevuga, Nyadzinyodevine. Awudza Godwin, Mortey Hope, Ahetor Liberty, Mohammed Sekey, IsrealKpexor, Kuvor, Wisdom, Ebenezer Eblorkpor, Azuma Kwabla, Dorgbetor Francis, Apetorgbor Kpogo Awunyo Kenedi Nukunu Edem, Tornye viadzi Kwami, Blu Raymond, JeryKpeglo, Seshi Sylvanus, Gale Vincent and 25 others arbitrary; See A/HRC/WGAD/2020/8, Opinion No. 8/2020 concerning Delankage Sameera Shakthika Sathkumara (Sri Lanka), Opinions adopted by the Working Group on Arbitrary Detention at its eighty-seventh session, 27 April – 1 May 2020, 22 May 2020, para. 20, 51. Available at: https://www.ohchr.org/Documents/Issues/Detention/Opinions/Session87/ A_HRC_WGAD_2020_8_Advance_Edited_Version.pdf. 4
2. Call on the Ghanaian authorities to immediately release all Western Togolanders in custody and should do same if arrested again.
3. Declare the movements of Western Togolanders from their regions where there are high courts and circuit courts having competent jurisdiction for trial null and void. Thus, highly rendering those courts in these regions incompetent.
4. Call on the Ghanaian authorities to officially declare null and void the blanket ban of Section 1(1)(b) of the Prohibited Organisations Act, 1976 which states that “(1) The following organisations are hereby declared unlawful and prohibited, namely, (b) any other organisation, by whatever name it is called, whose objects include advocating and promoting the secession from the Republic of Ghana of the former British mandated territory of Togoland or part of that territory or the integration of that territory with a foreign territory”, which is contrary to the right to self-determination.
5. Call on the Ghanaian authorities to bring the Prohibited Organisations Act, 1976 into conformity with their international obligations, in particular, with Article 1, 9(3), 19, 21 and 22 of the International Covenant on Civil and Political Rights which Ghana ratified in 2000.
6. Call on the Ghanaian authorities to bring the Prohibited Organisations Act, 1976 into conformity with their Constitution; and
7. To examine the extent to which criminal law is being used to violate basic civil liberties in Ghana.
DESBEN SOMABE, PhD.
(LLM candidate of the university of east london)
Regional Director of the USIDHR for Ghana.
Chapter Leader
Youth for Human Right International
East – Africa.
By Leo Nelson