- Esther Akua Gyamfi
- Executive Secretary― National Council on Persons with Disability (Ghana); Disability Rights Legal Consultant; LLM International & Comparative Disability Law and Policy.
1 Population indicator
1.1 What is the total population of Ghana?
The current population of Ghana is 29,713,007 as of Wednesday, November 28, 2018, based on the latest United Nations estimates. Ghana’s population is equivalent to 0.39% of the total world population. The population density in Ghana is 129 per Km2 (335 people per sq. miles). The total land area is 227,540 Km2 (87,854 sq. miles). 54.4 % of the population is urban (16,018,511 people in 2018). The median age in Ghana is 20.5 years.
1.2 Describe the methodology used to obtain the statistical data on the prevalence of disability in your country and the criteria used to determine who falls within the class of persons with disabilities in your country?
In a comparative analysis, the Ghana 2010 Population and Housing Census (PHC) is an improvement over the 2000 PHC. The 2010 PHC provided for the enumeration of persons with disability (PWDs) in order to address the need for data. The 2010 PHC followed the essential concepts and definitions of ‘a modern Population and Housing Census’ as recommended by the United Nations (UN) to obtain the statistical data on the prevalence of disability. Ghana Statistical Service (GSS) employed the International Classification of Impairments, Disabilities and Handicaps’ (ICIDH, WHO 1980) definition of disability. The GSS translated the ICIDH concepts into simpler, non-technical language that could be understood by respondents. Thus information was collected on persons with visual or sight impairment, hearing impairment, mental retardation, emotional or behavioural disorders and other physical challenges.
Following from the above, the 2010 PHC adopted this definition of persons with disabilities ―as “those who were unable to, or were restricted in the performance of specific tasks/activities due to loss of function of any part of the body and mind as a result of impairment or malformation.” Thus by this definition, the 2010 PHC enumerated persons with multiple and severe impairments living in especially difficult circumstances; and alternatively referred to them as the “sick.”
In the understanding of the 2010 PHC, a person was considered disabled if “despite the use of assistive devices or supportive environment (such as eye glasses and hearing aids), the limitation or restriction could not be improved.” The import of this understanding is that, persons with disabilities who were able to participate in the activities of the society did not qualify to be enumerated under the definition of “persons with disabilities” as adopted by the 2010 PHC.
This adopted understanding of disability as adopted by the 2010 PHC does not render the data of persons with disabilities under the 2010 PHC reliable.
1.3 What is the total number and percentage of people, women and children with disabilities in Ghana?
The 2010 Population and Housing Census stipulates that there are 737 743 persons with some form of disability in Ghana, representing 3 per cent of the total population.
- Ghana does not have data on ‘the total number and percentage of women with disabilities’. The 2010 PHC states that the percentage of ‘females’ with some form of disability is 52.2 per cent. This data shows that the percentage of females with some form of disability is higher than the percentage of males, which is 47.5 per cent with some form of disability.
- The Children Act 1998, Act 560 defines a child as a person below the age of eighteen years. The 2010 PHC of Ghana did not specifically collect data on children with disabilities. Nonetheless, the 2010 PHC put the population of children with disabilities between the ages of 0 -14 years at 132,881.
1.4 What are the most prevalent forms of disability in Ghana?
- According to the 2010 PHC of Ghana, the most prevalent form of disability in Ghana is the visual or sight impairments with 40.1 per cent of the total population having some form of disability. This is followed by persons with physical disabilities, other than visual impairment of 25.4 per cent; then by persons with psychosocial disabilities with 18.6 per cent, people with intellectual disabilities with 15.2 per cent and then other forms of disability with 10.4 per cent.
2 International obligation
2.1. What is the status of the United Nations Convention on the Rights of Persons with Disabilities (CRPD) in your country? Has your country signed and ratified the CRPD and the Optional Protocol? If so, provide the date(s).
- Ghana signed the United Nations Convention on the Rights of Persons with Disabilities (CRPD) in March 2007. The Ministry of Employment and Social Welfare laid the Convention in Parliament on 20 July 2011, in accordance with article 75 of the 1992 Constitution.
- Ghana became the 119th state to ratify the CRPD and the Optional Protocol on 31 July 2012.
2.2. If your country has signed and ratified the CRPD, when is/was its country report due? Which government department is responsible for submission of the report? Has your country submitted its report? If not, what reasons does the relevant government department give for the delay?
- Ghana signed and ratified the CRPD as seen from 2.1.
- Ghana’s initial country report was due in 2014.
- Ghana submitted its initial report through the Ministry of Gender, Children and Social Protection (MoGCSP) to the Committee on the Rights of Persons with Disabilities in May 2018.
4.3 If your country has submitted the report in 2.2 and if the Committee on the Rights of Persons with Disabilities had reviewed the report, indicate if the Committee made any concluding observations and recommendations to your country's report. Was there a domestic effect in your country on disability issues due to the reporting process?
The Committee on the Rights of Persons with Disabilities is yet to review Ghana’s initial report.
4.4 While reporting under various other United Nations instruments, the African Charter on Human and Peoples’ Rights or the African Charter on the Rights and Welfare of the Child, has your country also reported specifically on the rights of persons with disabilities in its most recent reports? If so, have concluding observations adopted by the treaty bodies, addressed disability? If relevant, were these observations given effect to? Was mention made of disability rights in your state’s United Nations Universal Periodic Review (UPR) report? If so, what was the effect of these observations or recommendations
United Nations Instruments
- Convention on the Rights of the Child
Ghana ratified the Convention on the Rights of the Child (CRC) on 5 February 1990. Ghana submitted the combined third to fifth periodic Report on its implementation of the provisions of the Convention on the Rights of the Child on 24th May 2012. The combined report to the Committee addressed disability under the following thematic areas:
- Education Act, 2008 (Act 778)
The Act stipulates that the design of a school should be able to accommodate children with special needs and requirements to prevent discrimination of children with disabilities.
- The National Health Insurance Amendment Bill, 2011
The Bill broadens coverage to include residents (and therefore children) and goes further to include a person suffering from congenital disabilities. It is therefore envisaged that the Bill will enhance the implementation of article 23 of the Convention.
- The Mental Health Amendment Bill, 2011
The Mental Health Amendment Bill was passed in March 2012. The proposals in the Bill will make changes to the Mental Health Act, 1972 (NRCD 30) which focused mainly on institutional care. The Mental Health Amendment Bill introduces innovative provisions to make particular provision for the care and welfare of children with mental disorders, which are conducive to the realization of the rights of the child as enshrined in articles 2, 3, 6, 9, 13, 20 and 23.
The Mental Health Amendment Bill is very significant because it makes specific provisions for the protection of children with mental disorders and prevents them from being subjected to improper or inadequate treatment which is in contravention of the human rights provisions of article 37 of the Convention, particularly, the right not to be subjected to torture or other cruel, inhuman or degrading treatment or punishment.
- General principles
The report admitted that in spite of the presence of legislation, there is much more work to be done in order to improve the living standards of children with disabilities.
- Rural urban differences in Health and Educational Facilities
According to the Ghana Health Service Code of Ethics and the Parent’s Charter, no service personnel are to discriminate against patients/clients on the grounds of the nature of illness, political affiliation, occupation, disability, culture, ethnicity, language, race, age, gender, religion, etc. in the course of performing their duties.
The report also devoted a whole section to Children with disabilities
- Children with disabilities
The report mentioned that children with disabilities are part of the group of children who suffer discrimination. Children with disabilities have special needs and live under difficult circumstances, which are usually not met either at the family or State level.
Nonetheless, the Persons with Disability Act, 2006 (Act 715) seeks to bridge existing gaps between persons living without disabilities and persons with disabilities.
- Best interest of the Child
The report stated how the principle of the best interest of the child are complied with for the benefit of the child with disability.
In terms of education, the Ghana Education Service runs a number of special schools to meet the educational needs of children with hearing and learning difficulties. Some private institutions such as the New Horizon Basic School in Accra also exist to assist Government to provide learning opportunities for children with special needs, such as children with autism.
As part of efforts aimed at improving the welfare of children with disabilities and other vulnerable children, Government has directed through the Ministry of Local Government and Rural Development to allocate about 5 per cent of the District Assembly Common Fund to support persons with disabilities and other vulnerable children in every district.
- Education, training and guidance
A. Free basic education
To improve physical access to education by all children, the Act also provides that school facilities be designed to meet the needs of children with disabilities and with special educational needs.
- Inclusive education and special educational needs
The delivery of education to children and young people with disabilities and special educational needs is informed by three guiding principles:
- The right to education
- The right to equality of educational opportunities
- The right and obligation to be included in and participate fully in the affairs of society.
- The Education Sector Plan 2010-2020
The strategic objectives of the Plan are as follows:
- Improve equitable access to and participation in quality education at all levels
- Bridge gender gap in access to education
- Improve access to quality education for people with disability
- Mainstream issues of population, family life, gender, health, HIV/AIDS/STI, conflicts, fire and road safety, civic responsibility, human rights and environment in the curricula at all levels
- Improve quality of teaching and learning
- Promote science and technical education at all levels
- Strengthen links between tertiary education and industry
- Improve management of education service delivery.
B. Factors that may lead children to be excluded from education
Children with disabilities, orphaned children, children infected or affected by HIV/AIDS may also find difficulty in having access to education due to the special care they require. For instance, children with disabilities are perceived to be a source of shame for the family and as such are hidden. Some parents also find it difficult to send children with disabilities to special schools because of distance and financial constraints.
C. Measures put in place to ensure some children are not to excluded from education
- Livelihood Empowerment Against Poverty (LEAP)
In 2009, a programme to promote enrolment and retention of vulnerable children in LEAP households made school attendance a condition for accessing the grant. LEAP also enhanced its target system to ensure that the core poor and the most vulnerable children households are targeted. The existence of special schools for children with hearing and mental disabilities has ensured that children in this group have the opportunity to be educated. The Ministry of Education/Ghana Education Service is implementing an integrated approach to education. Under this programme children with disabilities are to be integrated into the normal school system.
The Committee adopted the Concluding Observations at its 2024th meeting (see CRC/C/SR.2024) held on 5 June 2015.
The Committee reiterates these recommendations to Ghana:
- That, Ghana establish an appropriate body at a high interministerial level with a clear mandate and sufficient authority to effectively coordinate all activities related to the implementation of the Convention at cross-sectoral, national, regional and local levels.
- Establish a budgeting process, which includes child rights perspective and specifies clear allocations to children in vulnerable situations including children with disabilities, children affected or/and infected by HIV/AIDS, children in street situations, children living in poverty;
- To expeditiously improve its data collection system. The data should cover all areas of the Convention and should be disaggregated among others by age, sex, disability, geographic location, ethnic origin and socioeconomic background, in order to facilitate analysis on the situation of all children, particularly those in vulnerable situation;
- to adopt a comprehensive strategy to eliminate de facto discrimination against all groups of children in vulnerable and marginalized situations and ensure full implementation of all legal provisions in full compliance with article 2 of the Convention;
- To develop and implement awareness-raising campaigns against superstitious beliefs concerning children (and adults) with disabilities, prohibit their admission and treatment in prayer camps and investigate and prosecute perpetrators of acts of inhumane and degrading treatment against them;
- To adopt a human rights-based approach to disability, set up a comprehensive strategy for the inclusion of children with disabilities and to: (a) Prohibit the admission and treatment of children with disabilities in prayer camps; (b) Investigate and prosecute perpetrators of acts of inhumane and degrading treatment against children with disabilities, including in prayer camps but also in psychiatric institutions; (c) Develop and implement awareness-raising campaigns against superstitious beliefs concerning children (and adults) with disabilities; (d) Strengthen its efforts to implement the Children with Disabilities Inclusive Education Policy; (e) Allocate sufficient resources to implement the Children with Disabilities Inclusive Education Policy.
- International Covenant on Civil and Political Right (ICCPR)
The initial report of Ghana reported on the following with respect to disability:
- Persons With Disability Act, 2006 (Act 715)
This is an Act to provide for persons with disability to establish a National Council on persons with disability and to provide for related matters. Generally the Act prohibits all forms of discrimination against persons with disability and advocates for their integration into all sectors of the economy through employment among others.
The Human Rights Committee adopted this Concluding observations — CCPR/C/GHA/CO/1 on the initial reports of Ghana and commented on the following with respect to disability:
- Persons with disabilities and psychiatric treatment
The Human Rights Committee recommended Ghana to
- Ensure the implementation of the Mental Health Act, including through the adoption of legislative instruments for its implementation and the recruitment of qualified mental health professionals;
- Ensure registration, regulation and control of “prayer camps”, with a view to preventing ill-treatment, including inhumane practices involving shackling and mandatory fasting;
- Ensure an effective and independent monitoring and reporting system for mental health and social care institutions, and ensure that abuses are effectively investigated and prosecuted and that compensation is provided to the victims and their families;
- Prohibit non-consensual psychiatric treatment, such as forced medication and confinement;
- Ensure that persons with mental disabilities or their legal representatives are able to exercise the right to effective remedy against violations of their rights.
- Dissemination of information relating to the Covenant
The Committee requested Ghana to provide, within one year of the adoption of the present concluding observations, to provide information on the implementation of the recommendations made by the Committee in paragraphs 18 (non-discrimination and harmful traditional practices), 28 (persons with disabilities and psychiatric treatment) and 30 (conditions of detention and violence among inmates) above.
African Charter on Human and Peoples’ Rights (ACHPR) Ghana ratified the ACHPR on 24 January 1989. Although Ghana’s second periodic report was due in 1993, it was submitted in 2000. The report under article 18 of the Charter, mentioned that, in compliance with article 18 of ACHPR, article 29 of the 1992 Constitution of Ghana protects persons with disabilities from discrimination, guarantees working and normal living conditions, and ensures the wellbeing of persons with disabilities in the family context.
- Concluding observations on the second periodic report have not been adopted by the Commission.
- United Nations Universal Periodic Review (UPR)
After the second Universal Periodic Review (UPR) cycle in October 2012, Ghana accepted 123 of the recommendations and rejected 25. Ghana has fully and or partially implemented some of the recommendations. Some of the recommendations are in the process of being implemented. This report focuses on progress made in the implementation of the recommendations which were accepted by Ghana at the second cycle of the UPR. The report is based on the recommendations and the subtitles are tailored on the recommendations.
The report reported on:
- The Ministry of Gender, Children and Social Protection (MoGCSP) has structures in place to ensure that all persons including women, children, persons with disabilities, the vulnerable excluded in society are protected and given the opportunity to participate fully in National Development.
- The Livelihood Empowerment Against Poverty (LEAP) and how the Government seeks among others, to alleviate poverty among vulnerable groups such as children, the aged and the severely disabled.
- The Mental Health Act, 2012 (Act 846) that has established the Mental Health Authority with the mandate of enhancing the living conditions and treatment of patients in psychiatric institutions.
- Prohibition of torture
During the initial review of Ghana by the Committee against Torture and other Cruel, Inhuman and Degrading Treatments or Punishment (CAT) in 2012, Ghana accepted the recommendation by the Committee to enact legislation to criminalise torture. 37. Torture, as defined in Article 1 of CAT, has not yet been incorporated into the Criminal and Other Offences Act, 1960 (Act 29). Nonetheless, torture is prohibited in Ghana and provisions can be found, for instance, in the Mental Health Act, 2012 (Act 846) and the Prisons Service Act, 1972 (NRCD 46). The Human Trafficking Act, 2005 (Act 694) and the Anti-Terrorism Act, 2008 (Act 762) also provide indices against torture or cruel or inhuman treatment.
- Persons with disabilities
The Persons with Disability Act, 2006 (Act 715) was passed on 23rd June, 2006. This is aimed at ensuring that, persons with disabilities enjoy the rights enshrined in Article 29 of the 1992 Constitution of Ghana, with the view to improving their quality of life and that of other vulnerable groups.
The Human Rights Council made the following recommendation to the Ghana’s UPR:
- Take the necessary measures to ensure that the Persons with Disability Act (2006) is in line with the Convention on the Rights of Persons with Disabilities;
- Ensure a more comprehensive application of initiatives designed to improve the situation of people with disabilities, including the Livelihood Empowerment Against Poverty programme;
- Further improve the legal framework on the rights of persons with disabilities, in line with the provisions of international conventions;
- Implement a national employment policy for persons with disabilities;
- Elaborate and adopt an action plan for strengthening the promotion and protection of the rights of persons with disabilities in compliance with the 2006 Persons with Disability Act of Ghana;
- Implement the recommendations of the Constitutional Review Commission speedily;
- Adopt the Affirmative Action Bill without further delay;
- Ensure implementation of the Mental Health Act, including through the adoption of legislative instruments, and the recruitment of qualified mental health professionals;
- Prevent, investigate and prosecute inhumane treatment in prayer camps or witch camps and psychiatric hospitals. Address societal attitudes condoning such violations and abuses of rights of persons with mental disabilities;
- Continue its efforts to deliver free education to all, and to ensure that women, children, persons with disabilities and other vulnerable groups are at the forefront of its efforts.
2.5 Was there any domestic effect on your country’s legal system after ratifying the international or regional instrument in 2.4 above?
The ratification of the CRC and the ACHPR led to the adoption of laws aimed at protecting and promoting human rights. Ghana enacted the following legislation to promote the rights of PWDs:
- The Children’s Act (Act 560) in 1998, which conforms to the CRC.
- The 1992 Constitution of Ghana.
- The Juvenile Justice Act (Act 653) of 2003.
- The establishment of the Ministry of Women and Children’s Affairs (MOWAC).
- The establishment of the Commission on Human Rights and Administrative Justice Act, 1993 (Act 456).
- The enactment of the Persons with Disability Act, 2006 (Act 715).
- The enactment of the National Health Insurance Act, 2003 (Act 650).
- The enactment on the Domestic Violence Act, 2007 (Act 732).
- Remarkable improvement made in the field of education in attempting to pursue the policy on Free Compulsory and Universal Basic Education (FCUBE).
2.6 Do ratified international treaties automatically become domestic law under your legal system? If so, are there any cases where the courts applied international treaty provisions directly?
Ghana operates under a dualistic legal system. International treaties must be ratified in Parliament with a majority vote and assented to by the President. After such ratification by Parliament the international treaty will be legally enforceable. Furthermore, the internal domestic laws must be amended to conform to the international instruments. Where there is conflict between domestic law and ratified international instruments, the international instrument takes precedence over domestic law.
The first prominent case came in 1993 when the court held in National Patriotic Party v Inspector General of Police (NPP v IGP)27 that the Protocol to the ACHPR could be invoked without formal incorporation into local law, where the same rights were also protected in the Ghanaian Constitution.
2.7 With reference to 2.4 above, has the United Nations CRPD, or any other ratified international instrument, or parts thereof, been incorporated verbatim in national legislation? Provide details.
The Persons with Disability Act 2006 (Act 715) was passed into law in August 2006 to provide for persons with disabilities. Act 715 contains some civil rights, social rights and political rights, similar to those provided for in the CRPD. Since the Disability Act of 2006 had been passed before ratification of the CRPD in 2012, the CRPD has not been incorporated verbatim into Act 715. The following are some provisions in the CRPD that are not included in Act 715, which still need to be addressed:
Equality and non-discrimination clauses
Act 715 does not address equality of persons with disabilities before and under the law as the CRPD provides. The non- discrimination provision in Act 715 is not detailed enough. The provision does not address the need for prohibiting all kinds of discrimination on the basis of equality as addressed by the CRPD. Such a provision is vital in determining the significance of the legislation, particularly in view of the fact that Ghana’s constitutional non-discrimination clauses do not provide for disability. Act 715 needs to address non-discrimination in detail in order to effectively do away with the negative attitude of the society against PWDs.
Women with disabilities and Children with disabilities clauses
Act 715 does not address the fundamental human rights of women with disabilities (WWD) and children with disabilities. There is therefore the need for Act 715 to address the rights of WWD and the prerequisite need for their empowerment. This is necessary for the reason that WWDs suffer multiple discrimination and they are among the most excluded in our society. The African Charter Women’s Rights, of which Ghana is a signatory, provides that state parties should ensure:
[T]he protection of women with disabilities and take specific measures to commensurate with their physical, economic and social needs to facilitate their access to employment, professional and vocational training as well as their participation in decision-making … [State parties should also] ensure the right of women with disabilities to freedom from violence, including sexual abuse, discrimination based on disability and the right to be treated with dignity.
Empowerment of women with disabilities will ultimately enable them to contribute to the socioeconomic development of the nation. Act 715 is furthermore silent on the full enjoyment of human rights and fundamental freedoms of children with disabilities on an equal basis with other children. The principle of the best interests of the child with a disability and provision for disability age-appropriate assistance clauses enabling children with disabilities to realise their rights are also absent from Act 715. The incorporation of such provisions will necessitate measures, policies and strategic plans to promote and protect the rights of children with disability.
Act 715 did not address the need for Ghana to adopt immediate, effective and appropriate measures for awareness-raising regarding the rights of persons with disabilities and to foster respect for the rights and dignity of persons with disabilities. So that, the state can effectively combat stereotypes, prejudices and harmful practices relating to persons with disabilities through public awareness campaigns and promoting awareness-training programmes. The incorporation of this provision will encourage all organs of the media to portray persons with disabilities in a manner consistent with the purpose of a comprehensive Persons with Disability Act. Currently the media does not have adequate information on persons with disabilities, nor does it face any direct or indirect pressure from any recognised body to cover disability issues.
Accessibility provisions addressed under Act 715 do not cover the state’s obligation to provide training for stakeholders on accessibility issues; and different forms of live assistance and intermediaries, including guides, readers and professional sign language interpreters. Addressing accessibility provisions in detail under Act 715 will guarantee the provision of live assistance and intermediaries throughout society to cater for the needs of persons with disabilities. This would go a long way to solve problems of wrong interpretation and guarantee quality services to hearing-impaired persons. It is for this reason that GNAD49 appealed to the government of Ghana to recognise Sign Language as the official language for the hearing impaired and make provision for the employment of sign language interpreters
Right to life
Act 715 does not safeguard the inherent rights of persons with disabilities. As a result of this omission, some traditional practices still encourage the killing of persons with disabilities especially children with disabilities. There is a ‘spirit child’ phenomenon that started in some parts of the Upper East region in the northern part of Ghana in 1975. It is a cultural practice whereby children born with disabilities or whose birth coincides with a tragic incident in the family, such as the loss of a parent, are killed. Such babies are called ‘spirit children’ and are thought to be a ‘bad omen’. The community is considered to be blasphemous and cursed by the gods and for this reason the ‘unfortunate creature’ must return. Afrikids is an NGO in the northern Ghana region. After twelve years of awareness campaigns by Afrikids and improved access to education, the people of the Upper East region stopped with the killing of children. However, there is still a need to incorporate provisions on the right to life in Act 715 in order to effectively and totally put an end to the killings of children with disabilities.
Freedom from protection, violence and abuse
Act 715 does not contain provisions mandating the state to take appropriate measures to prevent all forms of exploitation, violence and abuse of persons with disabilities by ensuring, inter alia, appropriate forms of gender – and age – sensitive assistance and support for persons with disabilities, their families and caregivers. Activists supporting the rights of persons with disabilities were concerned with the slow implementation of the Persons with Disability Act, especially the lack of legislative instruments to implement the new law. Despite the legal protection provided for in the law, discrimination against persons with disabilities in employment and the inaccessibility of public buildings continues to be a problem. The reason for this is that there is no obligation on the state to take appropriate measures to prevent all forms of exploitation, violence and abuse of persons with disabilities. Finally, the absence of independent monitoring authorities creates a vacuum in the implementation process of Act 715. The non-existence of a monitoring team to exert pressure on the state has resulted in a delay of the implementation process of Act 715 as is evident from calls for the rapid implementation of the Act.
3.1 Does the Constitution of your country contain provisions that directly address disability? If so, list the provisions and explain how each provision addresses disability.
Article 29 of the 1992 Constitution:
- Article 29 of the 1992 Constitution contains the rights of PWDs. Article 29(8) mandates Ghana’s Parliament to enact such laws as are necessary to ensure the enforcement of the provisions. Hence, the Parliament of Ghana enacted the Persons with Disability Act 2006 (Act 715).
- Article 29 of the 1992 Constitution guarantees persons with disabilities right to:
- family life;
- social activities;
- recreational activities;
- community integration;
- well resourced indispensable specialised establishment;
- protection against all forms of exploitation, discrimination, abusive or degrading nature;
- easy access to Justice;
- availability of public places;
- a convenient and accessible business and working environment; and
- adoption of requisite laws, regulations, policies and measures to enforce disability rights.
Article 37(2) (b) of the 1992 Constitution:
- In order to secure and protect social order, Ghana has the mandate as a state to direct its policy towards ensuring that every citizen has equality of rights, obligations and opportunities before the law.60
- Furthermore, article 37(2)(b) of the 1992 Constitution gives Ghana constitutional guidance in the protection and promotion of all other basic human rights and freedoms of PWDs.
Article 37(3) of the 1992 Constitution:
- According to Article 37(3) the state shall be constitutionally guided by international human rights instruments in promoting disability rights.
3.2 Does the Constitution of your country contain provisions that indirectly address disability? If so, list the provisions and explain how each provision indirectly addresses disability.
The constitutional provisions are:
Article 17(1) of the 1992 Constitution:
The reference to ‘all persons’ in the article denotes all Ghanaians, including persons with disabilities, the right to have access to the justice system.
Article 17(2) (3) of the 1992 Constitution:
This provision guarantees non-discrimination against all Ghanaians including persons with disabilities.
4.1 Does your country have legislation that directly addresses disability? If so, list the legislation and explain how the legislation addresses disability.
The Persons with Disability Act, 2006 (Act 715) is an act to provide for persons with disabilities, to establish a National Council on Persons with Disability and to provide for related matters.
4.2 Does your country have legislation that indirectly addresses disability? If so, list the main legislation and explain how the legislation relates to disability.
The legislation are the following:
Children’s Act, 1998 (Act 560)
The Children’s Act (Act 560) is an act to reform and consolidate the law relating to children, to provide for the rights of the child, maintenance and adoption, regulating child labour and apprenticeship, for ancillary matters concerning children generally and to provide for related matters. Section 3 of Act 560 deals with non-discrimination against a child on the ground of disability. Section 10(1) of Act 560 provides for the treatment of a child with a disability. Section 10(2) of Act 560 addresses the right of the child to special care, education and training for maximum potential and to be self-reliant.
Labour Act, 2003 (Act 651)
Act 651 is an Act to amend and consolidate the laws relating to labour, employers, trade unions and industrial relations. The law establishes a National Labour Commission, and provides for related matters. Section 3(e) of Act 651 caters for the economic right of persons with disabilities. Section 14(e) of Act 651 prohibits an employer to discriminate against an employee on grounds of disability. Part IV of the law regulates the employment of persons with disabilities.
National Health Insurance Act, 2003 (Act 650)
Act 650 is an Act to secure the provision of basic healthcare services to persons resident in the country through mutual and private health insurance schemes. Section 81(2) (d) of Act 650 guarantees the mandatory enrolment of persons with disabilities on the scheme.
5. Decisions of courts and tribunals
5.1 Have the courts (or tribunals) in your country ever decided on an issue(s) relating to disability? If so, list the cases and provide a summary for each of the cases indicating what the facts, the decision(s), the reasoning and impact (if any) the cases have had.
The courts (or tribunals) have not decided many cases relating to disability rights. However, the Persons with Disability Act protects persons with disabilities, in addressing violations of their rights. A case relating to disability rights was the then Ghana Federation of the Disabled (GFD) v Attorney General, Ghana Highway Authority and Millennium Development Authority (MiDA), which came before the High Court. On 8 February 2013 GFD took action against three public institutions for neglecting the needs of persons with disabilities in the construction of the George Walker Bush Highway. The transportation network did not take the needs of persons with disabilities into account in the design, construction and operation of the transportation network.
GFD requested the Human Rights Court in Accra, to order the Ghana Highway Authority, MiDA and the Attorney General to modify the highway to integrate the needs of persons with disabilities as provided in Act 715.
The case was referred to arbitration for settlement. The Ghana Highway Authority and MiDA were granted the requested time to modify the highway to integrate the needs of persons with disabilities as provided in Act 715.
Research shows that, most cases on disability do not go through full trial for various reasons including barriers to access to justice. Particularly, the absence of the Legislative Instrument to operationalise the Act 715 and the courts inability to accord adequate recognition to the UN CRPD militate against the ability of cases on disability going through full trial.
6. Policies and programs
6.1 Does your country have policies or programmes that directly address disability? If so, list each policy and explain how the policy addresses disability.
Disability Policy 2000
The guiding principle is that for Ghana to achieve any meaningful and sustainable development, it needs to harness all its human resources. This policy considers the fact that all people irrespective of sex or disability can contribute to the national development process if given the opportunity.
6.2. Does your country have policies and programmes that indirectly address disability? If so, list each policy and describe how the policy indirectly addresses disability.
National Youth Policy
This serves as a guideline for the government to engage the youth and other stakeholders in meaningful partnership to develop appropriate interventions and services for youth empowerment and development. Accordingly the policy ensures the active participation of young people with disabilities.
Education Strategic Plan
The Education Strategic Plan (ESP) 2010-2020 sets out government’s strategies for the education sector over the next decade. The ESP has a policy objective to improve access to quality education for PWDs. Inclusive Education (IE) and Special Educational Needs (SpED) to young PWDs is informed by three guiding principles:
- The right to education;
- The right to equality of educational opportunities; and
- The right and obligation to be included in and participate fully in the affairs of society.
Child and Family Welfare Policy
This Policy taps into the positive traditional values, principles and protective practices and mechanisms of an effective system that resonates with Ghanaians and service providers. Since 2010, key actors in the area of Child Protection have collaborated to work towards establishing and strengthening a child protection system in the country that sets standards for addressing issues in a holistic manner.
Justice for Children Policy
There are inadequate resources to run institutions mandated to handle issues involving children including those with disabilities. Furthermore sometimes there is external interference with the justice system. In addition facilities for the resolution of disputes have not made any provision for children with disabilities and they have additional challenges in accessing such institutions or using facilities. Correctional centres have no special facilities for them as well.
One of the recommendations from the 2010 mapping of the Child Protection system in Ghana was to reconceptualise the justice for children system, based on a recognised need to close the gap between the formal and community ways of dealing with justice for children issues and thus build a united system that is a more relevant, sustainable and ‘fit’ for Ghana. It acknowledged that this policy, is a deliberate system of principles to guide decisions and to achieve rational outcomes that will achieve a sustainable justice for children system for children in Ghana.
Ghana National Social Protection Policy
Sustainable development involves the strategic mobilisation and deployment of a nation’s endowments, particularly its human resources. This is evident in the international development frameworks, particularly the Millennium Development Goals (MDGs) and the successor agenda for post-2015, the Sustainable Goals (SDGs) as they seek to ensure security and inclusion for all.
The short-term focuses on being rehabilitative, restorative, protective and facilitating. This will include the implementation of five flagship programmes, namely, the Livelihoods Empowerment Against Poverty (LEAP), the Labour Intensive Public Works (LIPW), the School Feeding Programme (SFP), the National Health Insurance (NHIS) Exemptions and the Basic Education Capitation Grants. The medium term efforts are preventive and promoting. The long-term orientation is transformation. Operationally, it proposes reforms to programming, targeting, funding, public understanding of social protection and knowledge management. The policy’s strategic imperatives are coordination and complementarity; emergency assistance; social welfare and facilitation services; productive inclusion; decent work; capacity and capability building; and mainstreaming gender and disability issues in social protection.
Inclusive Education Policy
Education in Ghana is a right for all citizens. The Inclusive Education (IE) Policy is based on the value system which holds that all persons who attend an educational institution are entitled to equitable access to quality teaching and learning and which transcends the idea of physical location but incorporates the basic values that promote participation, friendship and interaction1. The policy recognizes the varied learning needs of learners and requires all stakeholders in the education sector to address the diverse needs of different groups of citizens in the Ghanaian education system under the universal design for learning and within a learner friendly environment for all.
National Gender Policy
The National Gender Policy is committed to the promotion of women’s human rights and empowerment with the ratification of key International Instruments, to the Millennium Development Goals and Ghana’s National Development Frameworks. With the introduction of the National Gender Policy, the Government seeks to re-emphasize its greater objectives, to continue working tirelessly for the greater development of both men and women including those with disabilities.
The policy further seeks to enhance women’s rights including that of women with disabilities and continues to provide a clear framework for addressing inequalities deeply rooted in the society. The National Gender Policy is based on a comprehensive insights into the empowerment, rights and access to justice, leadership and accountable governance, gender roles and relations, and economic opportunities for women including those with disabilities.
7. Disability bodies
7.1 Other than the ordinary courts or tribunals, does your country have any official body that specifically addresses the violation of the rights of people with disabilities? If so, describe the body, its functions and powers.
In Ghana there is not yet an official body that specifically addresses violation of the rights of people with disabilities.
7.2. Other than the ordinary courts or tribunals, does your country have any official bodies that, though not established to specifically address violation of the rights of people with disabilities, can nonetheless do so? If so, state the organisation, its location and contact address.
GOVERNMENT AGENCIES THAT ADDRESS ISSUES OF DISABILITY IN GHANA
National Council on Persons with Disability
Office of the President Annex,
Ridge – Accra.
Esther Akua Gyamfi
COMMISSION ON HUMAN RIGHTS AND ADMINISTRATIVE JUSTICE (CHRAJ)
Old Parliament House,
High Street - Accra
DEPARTMENT OF SOCIAL DEVELOPMENTS
Department of Social Development HQ,
Ministries – Accra.
Phone: +233302684536/ +233688188
DOMESTIC VIOLENCE AND VICTIMS SUPPORT UNIT (DOVVSU)
Liberia Road, Ministries,
Accra – Ghana.
8. National human rights institutions
8.1. Does Ghana have a Human Rights Commission or an Ombudsman or a Public Protector? If so, does its remit include the promotion and protection of the rights of people with disabilities? If your answer is yes, also indicate whether the Human Rights Commission or the Ombudsman or Public Protector of your country has ever addressed issues relating to the rights of persons with disabilities.
The Constitution provided for the establishment of an independent Commission on Human Rights and Administrative Justice (CHRAJ). The functions of the CHRAJ, as set out by the Constitution, include the duty to investigate complaints of violations of fundamental human rights and freedoms, injustice, corruption, abuse of power and unfair treatment of any person by a public officer in the exercise of his public duties. The CHRAJ also has the duty to investigate complaints concerning practices and actions by persons, private enterprises and other institutions where those complaints allege violations of fundamental human rights and freedoms under the Constitution. The CHRAJ also has the duty to educate the public on human rights and freedoms. The CHRAJ was established by an Act of Parliament, during 1993. The CHRAJ has offices located in all the ten regional capitals and in the administrative districts of Ghana. The CHRAJ was established by the Commission on Human Rights and Administrative Justice Act, 1993 (Act 456).
As the National Human Rights Institution of Ghana, the Commission has a duty to promote and protect fundamental human rights and freedoms in Ghana. CHRAJ has a broad mandate to protect universal human rights and freedoms, especially those vested in the 1992 Constitution, including civil, political, economic, social, and cultural rights. Specific mandates concerned with the protection of human rights can be found in Article 218 (a), (c) and (f) of the 1992 Constitution and Section 7 (1) (a) (c) and (g) of the CHRAJ Act. The Commission’s human rights functions can be divided into two categories― Promotion and Prevention; and Protection and Enforcement.
The White Paper on the Report of the Constitution Review Commission presented to the President on 2011, the Government accepted most of the recommendations of the Commission. The Government accepted that the current functions of the CHRAJ should be maintained but the CHRAJ should be composed of a Commissioner and four Deputy Commissioners with responsibility for the three broad mandates of the Commission namely Human Rights, Ombudsman (Administrative Justice) and Anti-Corruption and a Special Deputy Commissioner in charge of Children, Persons with Disabilities and the Aged. Under this recommendation, CHRAJ is empowered to initiate investigations without a formal complaint in all aspects of its mandate and the decisions of the CHRAJ is to be directly enforceable by the Courts.
9. Disabled peoples organisations (DPOS) and other civil society organisation
9.1. Do you have organisations that represent and advocate for the rights and welfare of persons with disabilities in your country? If so, list each organisation, state their location and addresses.
ORGANIZATIONS OF PERSONS WITH DISABILITY AND CIVIL SOCIETY ORGANIZATIONS THAT ADDRESS THE WELFARE OF PERSONS WITH DISABILITIES IN GHANA
Ghana Federation of Disability Organizations (GFD)
Accra Rehabilitation Centre, Barnes Road, Accra.
Rita Kyeremah Kusi
Ghana Society of the Physically Disabled (GSPD)
Accra Rehabilitation Centre, Barnes Road, Accra.
Reverend J. Mefful
Ghana Blind Union (GBU)
Accra Rehabilitation Centre, Barnes Road, Accra.
Ghana National Association of the Deaf (GNAD)
Accra Rehabilitation Centre, Barnes Road, Accra.
Ghana Association of Persons with Albinism (GAPA)
Accra Rehabilitation Centre, Barnes Road, Accra.
Parent Association of Children with Intellectual Disability (PACID)
New Horizon Special School,
No. 20, 4th Cicular Road
Cantonments – Accra
Mental Health Society of Ghana (MEHSOG)
Mental Health Society of Ghana,
110 11th Cl,
Abelempke – Accra.
Sharecare Ghana Rehabilitation Centre,
Osu – Accra.
Centre for Democracy & Development Ghana (CDD)
Centre for Democracy & Development Ghana
North Airport Residential Area,
95 Nortei Ababio Loop,
Nii Odai Ayiku Road,
No. 58 Patrice Lumumba Road, Airport Residential Area – Accra.
Global Advocacy Advisor
15th Alhaji Sulley Rd,
Right to Dream Foundation
Right to Dream Academy,
Right to Play
Right to Play Ghana
24 Sun Flower Road,
VOICE of People with Disability Ghana (VOICE Ghana)
Adaklu Ahunda Kpodzi,
Adidome Rd – Ho.
Samuel Wellington Botwey (SWEB) Foundation
117 Haatso Video Club - Accra.
Behind Volta View Hotel,
Off Accra – Aflao Road,
Accra Rehabilitation Centre, Barnes Road Accra.
Auberon Jeleel Odoom
9.2 In your country, are DPOs organised or coordinated at a national and/or regional level?
See 9.1 above.
9.3. If Ghana has ratified the CRPD, how has it ensured the involvement of DPOs in the implementation process?
In most situations, when Ghana has the need to amend its laws and policies, Ghana Federation of Disability Organisations (GFD) and other organisations of persons with disabilities are consulted to make inputs into e amendments.
The Organisations of persons with disabilities enjoy opportunities to monitor, evaluate policies and laws to ensure that they comply with the UN CRPD.
9.4. What types of actions have DPOs themselves taken to ensure that they are fully embedded in the process of implementation?
Organisations of persons with disabilities are assertive of their rights and are taking initiatives such as organising programs and projects to assert their rights; and also to draw attention to themselves on their competencies. For instance;
- They are Activist: Mainstream disability perspectives into laws and programs
- Inclusion of disability issues in Ghana’s Affirmative Action Bill
Although the current Affirmative Action Bill takes its strength from the Government’s White Paper on the recommendations by the Constitution Review Commission which accepts the recommendation on an Affirmative Action that addresses inequalities among vulnerable people including persons with disabilities a study of the current bill reveals that issues of disability are not included. Ghana Federation of Disability Organisations with its members and partner civil society organisations advocate for through a consultative process, an opportunity for persons with disabilities to be included as well as participate in and contribute to decisions/conclusion on the Affirmative Action Bill and Law.
- They are self-advocates
- Observing International Day of Persons with Disabilities
More than 100 persons with disabilities on Monday 3rd December 2018 marched through some principal streets of Accra – Ghana to demand the inclusion of accessibility features in all public facilities and infrastructure in the country.
- Increasing their understanding of the UN CRPD
- Educating persons with disabilities on the UN CRPD:
Ghana National Association of the Deaf (GNAD) Members in Northern Ghana Receives Training on CRPD & Persons with Disability Act, 2006 (Act 715)
The Leadership of GNAD in the Northern Ghana have received capacity building training on the Persons With Disabilities, 2006 (Act 715) and the UN CRPD as part of the Disability Rights Fund (DRF) sponsored project for its members in the three Northern Regions: Wa Municipal and, Tamale and Bolgatanga Metropolises. The Kumasi session were facilitated by an expert in Disability Rights Law Lawyer Esther Gyamfi Akua on Monday 5th June, 2017; among others at Washington View hotel, Ejisu in the Ashanti Region.
9.5 What, if any, are the barriers DPOs have faced in engaging with implementation?
Currently, the challenges have whittled down considerable due to impact of activities organised by OPWDs. Predominantly, these activities are assertive of the fundamental rights of persons with disabilities, Conferences of States Parties, the increasing trend of research on disability, Agenda 2030 and Global Disability Summit.
9.6 Are there specific instances that provide ‘best-practice models’ for ensuring proper involvement of DPOs?
There are no specific instances of ‘best-practice models’ because as of now the effort to get persons with disabilities involved in the implementation has been mostly requesting for input from Ghana Federation Organisations to make input into legislations and policies. Besides, the National Council on Persons with Disability is still sensitising the Metropolitans, Municipalities and District Assemblies on mainstreaming disability into their development agenda.
9.7. Are there any specific outcomes regarding successful implementation and/or improved recognition of the rights of persons with disabilities that resulted from the engagement of DPOs in the implementation process?
Yes, there is improved acceptance and recognition of the rights of persons with disabilities that resulted from the engagement with organisations of persons with disabilities.
9.8 Has your research (for this project) shown areas for capacity building and support (particularly in relation to research) for DPOs with respect to their engagement with the implementation process?
- DPOs have to advocate for the amendment of all other laws to reflect the position of the UN CRPD.
- Persons with disabilities as well as some government agencies like Legal Aid, the Ghana Police Service, the Department of Social Welfare and Community Development, and the Attorney General’s Department lack adequate information on disability rights and the implication of the provisions of the CRPD on local laws.
- There is a need to harness the unique role that the press and the media can play with awareness-raising in the education and implementation of CRPD and other instruments.
9.9 Are there recommendations that came out of your research as to how DPOs might be more comprehensively empowered to take a leading role in the implementation processes of international or regional instruments?
DPOs made the following recommendations:
DPOs recommended intensive education on the provisions of the international and regional instruments that affect their lives.
9.10 Are there specific research institutes in your region that work on the rights of persons with disabilities and that have facilitated the involvement of DPOs in the process, including in research?
The research has revealed that almost all the organisations that promote the rights of persons with disabilities undertake research at some point in time. DPOs have been involved in most of this research, because they play an important role in reporting accurate information with regard to persons with disabilities. CDD-GHANA, Centre for Disability and Rehabilitation Studies-KNUST (CEDRES) and the Department of Special Education (University of Education-Winneba) collaborate and involve DPOs in their research. Ghana Statistical Service (GSS) also researches on disability for data purposes.
10 Government department
10.1. Do you have government departments that are specifically responsible for promoting and protecting the rights and welfare of persons with disabilities? If so, describe the activities of the departments.
The National Council on Persons with Disability is the State Agency under the Minister of Gender, Children and Social Protection specifically responsible for coordination disability activities to ensure the promotion and protection of the rights and welfare of persons with disabilities.
Section 41 of the Persons with Disability Act, 2006 (Act 715) established the National Council on Persons with Disability. Section 42 of the Act 715 enumerates the Object and functions of the Council; and spells out the key object is to propose and evolve policies and strategies to enable persons with disability enter and participate in the mainstream of the national development process.
11. Main human rights concerns of persons with disabilities
11.1 What are the contemporary challenges of persons with disabilities in your country? (For example, in some parts of Africa ritual killing of certain classes of persons with disabilities such as people with albinism occurs. Tanzania has been in the headlines in this regard. We should have a way of interrogating customary practices that discriminate, injure and kill persons with disabilities).
In spite of the fact that most Ghanaians are beginning to interrogate the prejudiced traditional belief that works to deprive persons with disabilities of their fundamental rights, stigma and discrimination against persons with disabilities persist.
11.2 How does Ghana respond to the needs of persons with disabilities with regard to the areas listed below?
- Access to public buildings
Owners or occupiers of a place to which the public has access shall provide appropriate facilities that make the place accessible to and available for use by a persons with disabilities.
- Access to public transport
The needs of persons with disabilities must be taken into account in the design, construction and operation of the transportation network.
- Access to education
It is mandatory for a child with a disability of school going age to be enrolled in school. There should be provision made for the necessary facilities and equipment that will enable persons with disabilities to fully benefit from the school or institution. And there shall be free education for persons with disabilities and the establishment of special schools for persons with disabilities who by reason of their disability cannot be enrolled in formal schools.
- Access to vocational training
There shall be a vocational training in each region.
- Access to employment
- The Ministry shall through the public employment centres, assist to secure jobs for persons with disabilities.
- Access to recreation and sport
As far as practicable there shall be the provision of adequate facilities, programmes and incentives to enable persons with disabilities have access to sports and cultural events.
- Access to justice
Where a person with disability is a party in judicial proceedings, appropriate facilities shall be provided in accordance with the condition of the persons with disabilities to facilitate effective participation.108
11.3 Does Ghana provide for disability grants or other income support measures for persons with disabilities?
Three per cent District Assembly Common Fund
Article 252 of the 1992 Constitution mandates Parliament to allocate not less than 5 per cent (amended to 7,5 per cent in 2008) of total revenues of Ghana’s income to the District Assemblies for development; in compliance with Ghana’s constitutional mandate to strengthen the democratic system. The fund is paid into the District Assemblies Common Fund (DACF) on quarterly instalments. The fund is administered by the District Assemblies Common Fund Administrator (DACFA) who is appointed by the President of Ghana and approved by Parliament. The DACF is allocated to Metropolitan, Municipal and District Assemblies (MMDAs) based on a formula proposed by the DACFA and approved by Parliament. In developing the formula, the overriding criterion has been to attain a balanced and equitable development, with the overall goal of improving the living conditions of the people. Five factors have been developed for the formula. These are the equality factor, the need factor, the responsive factor, the service pressure factor, and the reserve factor. PWDs are allocated two percent of the DACF,there may be variations in the percentage allocated as a result of an introduction of a new indicator with its variable attached weight.
 Executive Secretary― National Council on Persons with Disability (Ghana); Disability Rights Legal Consultant; LLM International & Comparative Disability Law and Policy.
 Ghana lies in the centre of the West African coast with a total area of 238 533 square kilometres.
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 2010 PHC summary report (n 4 above) ix.
 2010 PHC summary report (n 4 above) xiii.
 Ghana Statistical Service ‘2010 Population & Housing Census, Summary Report of Final Document’ May 2010 x; 67 and 68 (Table 23); 69 and 70 (Table 24); 71 and 72 (Table 25); 73 and 74 (Table 26); Ghana Statistical Service ‘2010 Population & Housing Census, National Analytical Report of Final Document’ May 2013 86 (Table 5.15); 106 (6.7); 260 (Table 11.12).
 Ghana Statistical Service ‘2010 Population & Housing Census Report, Women and Men in Ghana’ July 2013 108.
 2010 PHC summary report (n 4 above) 12.
 As above.
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 2010 PHC summary report (n 4 above) 13.
 Art 75(1) & (2) of 1992 Constitution of Ghana provide: ‘(1) The President may execute or cause to be executed treaties, agreements or conventions in the name of Ghana. (2) A treaty, agreement or convention executed by or under the authority of the President shall be subject to ratification by: (a) Act of Parliament; or (b) a resolution of Parliament supported by the votes of more than one-half of all the members of Parliament.’
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 Civil rights: arts 18(1), 19-22, 23(1) & 24(1) of the CRPD; social rights: arts 25-28 & 30-31 of the CRPD; and political rights: art 29 of CRPD.
 Art 5 of the CRPD
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 http://gnadgh.org/gnad-members-in-northern-ghana-received-training-on-crpd-pwds-act/ (accessed 29 November 2018).
 Executive Secretary (Esther Akua Gyamfi) of National Council on Persons with Disability on 2019 nationwide sensitisation program on “Strategies and Framework for Mainstreaming disability into the MMDAs”
 Responses from questionnaire by some heads of public institution, 30 May 2013.
 Mensah et al (n 40 above) 4 & 94.
 Recommendations from questionnaire by some executives of DPOs and some PWDs, 30 May 2013.
 Kwame Nkrumah University of Science and Technology, Kumasi.
 http://www.statsghana.gov.gh/docfiles/2010phc/Mono/Disability%20in%20Ghana.pdf (accessed 30 November 2018).
 Sec 42(1) of Act 715.
 Disability & Society “Exposing the protected: Ghana’s disability laws and the rights of disabled people” https://tandfonline.com/doi/full/10.1080/09687599.2018.1556491 (Accessed 31 August 2019)
 Mensah et al (n 40 above); AR Denham et al ‘Chasing spirits: Clarifying the spirit child phenomenon and infanticide in northern Ghana’ (2010) 71 Social Science and Medicine 608 http:// www.academia.edu/267798/check link (accessed 9th August 2013); ‘Spirit Child: An investigation into the ritual killing of disabled Ghanaian children deemed to be possessed by evil spirits’ (n 51 above); ‘Saving the cursed children of Ghana’ (n 80 above).
 Sec 6 of Act 715.
 Sec 23 of Act 715.
 Secs 16, 17 & 18 of Act 715.
 Sec 21 of Act 715.
 Sec 9 of Act 715.
 Secs 38 & 39 of Act 715.
 Sec 5 of Act 715.
 Disburse 3 per cent of DACF into Disability Fund — GFD, https://www.graphic.com.gh/news/politics/disburse-3-per-cent-of-dacf-into-disability-fund-gfd.html (accessed 27 December 2018).
 P Bazaanah ‘Nature of Ghana’s Inter-Governmental Revenue Transfer within the decentralized structure of governance: A case of the District Assemblies Common Fund’ unpublished paper, Institute of Development Studies, University of Cape Coast, Ghana, 2012 23. http:// www.academia.edu/3300157/NATURE_OF_GHANAS_INTER-GOVERNMENTAL_REVEN UE_TRANSFER_WITHIN_THE_DECENTRALIZED^STRTCTURE_OF_GOVERNANCE_A _CASE_OF_THE_DISTRICT_ASSEMBLIES_COMMON_FUND (accessed 15 August 2013).
 Sec 17 of The District Assemblies Common Fund Act, 1993 (Act 455) interprets total revenues of Ghana as: ‘All revenue collected by or accruing to the central government other than foreign loans, grants, non-tax revenue and revenues already collected by or for District Assemblies under any enactment in force’.
 Art 35(6)(d) of the 1992 Constitution enjoins the state to: ‘make democracy a reality by decentralizing the administrative and financial machinery of government to the regions and districts and by affording all possible opportunities to the people to participate in decision-making at every level in national life and in government’.
 Secs 1(1) & (3) of The District Assemblies Common Fund Act, 1993 (Act 455).
 Secs 1(5) & 3 of Act 455.
 Secs 3 & 7 of Act 455.
 Bazaanah (n 68 above) 27.
 The ‘NEED’ category is meant to measure a district’s lack of services relative to other districts in the country. The ‘RESPONSIVENESS’ category was incorporated in the formula to motivate districts to generate local revenue and is comprised of measures that are believed to reflect the District Assembly’s efforts in that regard. The ‘SERVICE PRESSURE’ category is meant to capture the intensity of use of public facilities in a district. It has comprised solely of the population density of the district since the inception of the DACF. ‘EQUALITY’ stipulates which percentage of the DACF allocation is to be distributed evenly between the districts. ‘RESERVE’ amount is used for bulk purchases for the District Assemblies and to support the Regional Coordinating Councils and the office of the DACF Administrator in their monitoring roles. Also, a proportion of the ‘RESERVE’ is distributed evenly between all the members of parliament for development projects of their choice in their constituencies.
 According to the Guidelines for utilising the District Assemblies Common Fund (2013), Two per cent of the DACF shall be utilised to support initiatives by PWDs in the district. This fund is meant to assist PWDs to organise programmes to create awareness about their activities, their rights and obligations.
 AB Banful ‘Do institutions limit clientelism? A study of the District Assemblies Common Fund in Ghana’ unpublished Postdoctoral fellow, Development Strategy and Governance Division, International Food Policy Research Institute, Washington DC, USA, 2009 12 & 13
http://www.ifpri.org/sites/default/files/publications/ifpridp00855.pdf (accessed 1 October 2013).