Background
On 6 March 1957, Ghana gained independence from Britain, becoming the first country in sub-Saharan Africa to achieve independence from a European colonial power. Spearheading the African decolonial movement and Ghana’s colonial liberation, Francis Kwame Nkrumah, leader of the Convention People’s Party (CPP), served as the prime minister of independent Ghana from 1957 until 1960.
On 27 April 1960, a constitutional referendum established the country as a republic with a presidential system of government, transforming it from a constitutional monarchy to a parliamentary state. On 1 July 1960, Nkrumah became Ghana’s first independent president. Nkrumah was an influential pan-Africanist leader who envisioned a United States of Africa independent from colonial and neocolonial exploitation.[1] Nkrumah and Ghana championed independence, inspiring many nations across Africa, particularly liberation and anti-colonialism movements. 1960 became popular as the Year of Africa, with 17 African countries gaining independence.
On 31 January 1964, a constitutional referendum was held to amend the constitution to establish a one-party state and increase Nkrumah’s powers by making him president for life. The constitutional amendments meant the CPP became the sole political party, making the Nkrumah regime a legal authoritarian government. Nkrumah cancelled the 1965 elections and selected members of parliament. Although Nkrumah was widely admired, his government was accused of corruption, looting of nationalised corporations, and being in large foreign debt.[2] Under Nkrumah, Ghana experienced an economic collapse and falling standards of living. The country’s political and economic instability led to deep resentment and internal opposition, resulting in successive coups and military autocracies in 1966, 1969, 1972, 1978, 1979 and 1981.[3]
On 24 February 1966, Lieutenant General Joseph Arthur Ankrah, chairman of the National Liberation Council (NLC), conducted a successful military coup, overthrowing Nkrumah and establishing a military government. Ankrah became the first military head of state of Ghana from 1966 until 1969. In 1969, presidential elections were held, and Lieutenant General Akwasi Amankwaa Afrifa of the NLC replaced Ankrah. In 1972, Afrifa was overthrown in a coup led by General Ignatius Kutu Acheampong, chairman of the National Redemption Council (later known as the Supreme Military Council, SMC). With the country already near bankruptcy, Acheampong’s regime was characterised by corruption, expropriation of resources and heavy reliance on foreign, particularly British, banks.[4]
On 5 July 1978, SMC senior commanding officers conducted a barracks coup, overthrowing Acheampong. Lieutenant-General Fred Akuffo replaced Acheampong and became head of state. On 15 May 1979, Flight Lieutenant Jerry John Rawlings and a group of Air Force soldiers from the Armed Forces Revolutionary Council (AFRC) attempted a coup. Rawlings and his accomplices were arrested and put on trial for the failed coup. On 4 June 1979, Rawlings and AFRC members conducted a violent yet successful coup, overthrowing Akuffo. Rawlings became chair of the Ruling Council.
On 4 September 1979, the military government amended the constitution to establish a civilian government and included complete indemnity for any illegal acts committed by AFRC members or anyone under their authority.[5] On 24 September 1979, the constitution was enacted, and Rawlings turned over power to Dr. Hilla Limann, establishing a civilian government.
On 31 December 1981, Rawlings conducted another military coup, overthrowing Limann. The 1979 constitution and all its institutions were suspended. The Provisional National Defence Council (PNDC), consisting of nine members, was established in place of the constitution and its institutions. The PNDC was provided with legislative and executive powers to make reform decisions. On 10 March 1982, the PNDC passed the PNDC Law, dissolving the elected local government council.[6] The PNDC adopted a three-tier structure for local governance consisting of the Regional Coordinating Councils, District Assemblies and town/area councils.[7] Rawlings’ leadership focused on ridding the country of corruption, which was sanctioned by removing senior military and government officials. Rawlings’ government also pursued economic reform through structural adjustment programmes that benefitted and strengthened the Ghanaian economy.
In July 1990, the PNDC established the National Commission for Democracy (NCD) to develop and implement a strategy of democratic restoration. In April 1991, the NCD submitted its report with recommendations, including a return to multi-party democracy.[8] On 28 April 1992, a draft constitution was approved. It was enacted in 1993, implementing the transition to multi-party democracy from military administration.
The constitution involved the Transitional Provisions document, including amnesty provisions intended to safeguard members of the previous military regime from prosecution or any legal consequences for criminal acts committed during Rawlings’ time in power.[9] The PNDC and the AFRC, both military regimes headed by Rawlings, were protected under these clauses.[10] These provisions led to the release of some political prisoners, and many in exile returned to the country because of the promise of amnesty. On 18 May 1992, Law 280 was passed, lifting the 11-year ban on political parties.[11] In 1993, democratic elections were held, and Rawlings was elected president until 2000.
In December 2000, John Agyekum Kufuor, leader of the New Patriotic Party (NPP), won the presidential election and was sworn in on 7 January 2001. In 2001, the National Commission Bill established the National Reconciliation Commission (NRC) to investigate past human rights violations committed during the successive coups and the military regimes. Since then, Ghana has continued to hold regular elections.
National Reconciliation Commission
In late 2001, parliament passed the National Commission Bill, and on 9 January 2002, Kufuor signed it into law, establishing the NRC. The commission was mandated to promote national reconciliation by producing an accurate and complete historical record of human rights violations and abuses related to killings, forced disappearances, detention, torture and seizures of property committed between 6 March 1957 and 6 January 1993. The National Commission Act primarily investigated the periods of military rule: 24 February 1966 to 21 August 1969, 13 January 1972 to 23 September 1979, and 31 December 1981 to 6 January 1993. The commission was expected to recommend appropriate redress for persons who suffered any injuries, abuse, damage, grievance or human rights violations arising from activities committed by public institutions and persons holding public office during the periods of unconstitutional government.
In April 2002, commission members were selected, and all nine commissioners, including former Chief Justice K.E. Amua-Sekyi as chair, were inaugurated in May 2002.[12] The commission included six committees, including the legal profession, professional bodies other than legal, the press, labour and student movements, security services, and religious bodies and chiefs. It operated between January 2003 and October 2004. The NRC accepted petitions from Ghanaians and non-Ghanaian victims and perpetrators of alleged human rights and economic violations. The commission received 3,140 petitions and heard testimony from 2,129 victims and 79 alleged perpetrators.[13]
In April 2005, the commission submitted to parliament and published its final report. The hearings were recorded and housed at the Ghanaian parliament building, and some recordings were published on YouTube. A reparations committee was established and mandated to ensure the government’s compliance with the commission’s recommendations. Since the NRC’s closing, the government has paid reparations to the identified victims of human rights abuses.
Gender
Ghana is characterised as a patriarchal and paternalistic society, meaning that its socioeconomic and political systems and structures are biased towards Ghanaian men.[14] Resource distribution disproportionately favours men over women as they own property, earn higher incomes and are privileged as economic and political decision-makers.[15] Women and girls are designated as caregivers and caretakers of the household. Gender inequality and social injustices are deeply rooted in sociocultural customs and structural systems that entrench the subordination of women and girls.
The institution of chieftaincy is an organised system of rule in Ghana that remains a focal point of people’s cultural identity and plays a role in familial and economic development. Chiefs perform as symbolic heads that embody the history, culture, laws and values of their people. They have access to human and material resources, including livestock, water and economic prospects. The chieftaincy structure emboldens men’s social authority. It follows a gendered hierarchy wherein men are perceived as the incarnation of social authority and leaders of their households and, more broadly, their communities. Therefore, economic, political and social development is geared towards men upholding their authority status. Most Ghanaian women have little to no education, limiting their social, political or economic independence. This leaves women vulnerable as they have constrained access to substantial resources like land, education, water and sanitation, and basic health services.[16]
Conflict and political instability further isolate women and girls by making their standard of living and security precarious. This precarity stems from the entrenched unequal gender dynamics that exclude women from the economic market, owning property and decision-making. The impact of conflict is gendered, as women and girls are exposed to differential consequences that are both long term and short term. Women and girls are disproportionally exposed to rape and other acts of sexual violence, famine, destruction of social infrastructure, internal displacement, loss of income, poverty and unemployment. Women who become widows are left to take responsibility for the household despite the institutional inequalities that prohibit their upward mobility and expose them to extreme poverty.
International Actors
The International Center for Transitional Justice (ICTJ), in collaboration with the Civil Society Coalition on National Reconciliation, played an integral role in the NRC’s operations. The Coalition collaborated closely with local civil society, particularly the Ghana Centre for Democratic Development (CDD), comprising 26 civil society organisations, to promote and strengthen democracy, good governance and development. The Coalition, under a Memorandum of Understanding with the NRC, established a fund assisting victims with logistical support and transportation to testify before the commission. The ICTJ and the Coalition provided the commission with technical support, including statement-taking, outreach campaigns and evidence collection. They also provided training for the commission’s judicial proceedings.
In partnership with the Parliamentary Committee on Constitution, Legal and Parliamentary Affairs, the Coalition organised a conference on the “Technical Review of the National Reconciliation Bill” to establish guidelines for the commission with international and regional partners. After the bill passed, a series of workshops on the commission’s proceedings were held, and experts from South Africa, Nigeria, England and the United States were in attendance. These workshops were hosted to draw together truth commission experiences from other countries.[17] Participants in the workshops also engaged in nationwide campaigns, including television and radio shows and public forums, to raise awareness and encourage understanding and collaborative cooperation among citizens.
The NRC received minimal international support, resulting in it being highly under-resourced and underfunded. The NRC’s budget was initially estimated to be US$5 million but this was reduced because of little financial support from the international community. USAID offered US$25,000 and the Open Society Initiative for West Africa offered a small donation towards the commission’s processes. Civil society was the leading actor assisting the commission with resources, including expertise, public education and victim/survivor mobilisation.[18]
Between 1 and 4 August 2022, the African Union Commission and the Africa Transitional Justice Legacy Fund, in collaboration with the Ghanaian government, co-organised the Accra Summit on Reparations and Racial Healing. Global activists, artists and scholars congregated to discuss an international agenda for reparations and healing for historical human rights violations.[19] All participants signed the Accra Declaration on Reparations and Racial Healing. On 4 July 2024, these same actors signed a Memorandum of Understanding to enhance cooperation and collaboration on democratic governance, human rights, the rule of law, transitional justice, reparative justice and racial healing.
Notes
[1] Matteo Grilli, ‘Nkrumah’s Ghana and the Armed Struggle in Southern Africa (1961–1966),’ South African Historical Journal Vol. 70, No. 1 (2018).
[2] Johnson N. Gwaikolo, ‘Political Leadership in Africa: A Case Study of Ghana’s Presidents Kwame Nkrumah and Jerry John Rawlings,’ June 6, 2005, https://core.ac.uk/download/pdf/217657789.pdf
[3] International IDEA, ‘Constitutional History of Ghana,’ 2016, https://constitutionnet.org/country/ghana
[4] Jan Pieterse, ‘Rawlings and the 1979 Revolt in Ghana,’ Race and Class Vol. XXIII, No. 4 (1982).
[5] Jennifer Widner, ‘Ghana 1979,’ Constitution Writing and Conflict Resolution Project, Princeton University, 2004, https://pcwcr.princeton.edu/reports/ghana1979.html
[6] Gwaikolo, 32.
[7] Emmanuel Gyimah-Boadi, ‘Ghana under PNDC Rule,’ Codesria, 1993.
[8] Constitution Writing and Conflict Resolution Project, Princeton University, ‘Ghana 1992,’ n.d., https://pcwcr.princeton.edu/reports/ghana1992.html
[9] Marian Yankson-Mensah, ‘Transitional Justice and Constitutionalism: The Case of Ghana,’ South African Journal of Criminal Justice Vol. 33, No. 3 (2020).
[10] Nahla Valji, ‘Ghana’s National Reconciliation Commission: A Comparative Assessment,’ International Center for Transitional Justice, September 2006, https://www.ictj.org/sites/default/files/ICTJ-Ghana-Reconciliation-Commission-2006-English_0.pdf
[11] Immigration and Refugee Board of Canada, ‘Constitutional Democracy and the fourth Republic,’ November 1992, https://www.refworld.org/reference/countryrep/irbc/1992/en/20582
[12] Emmanuel Gyimah-Boadi, ‘National Reconciliation in Ghana: Prospects and Challenges,’ Ghana Center for Democratic Development (CDD-GHANA), Vol. 4, No. 1 (2002).
[13] National Reconciliation Commission, ‘Executive Summary: Chapter One,’ October 2004, https://hmcwordpress.humanities.mcmaster.ca/Truthcommissions/wp-content/uploads/2018/10/Ghana.NRC_.Report-FULL.pdf
[14] Abigail Gyimah, ‘Gender and Transitional Justice in West Africa,’ African Leadership Centre, 2008/2009, https://www.africanleadershipcentre.org/attachments/article/43/ALC%20Report%20No.%204%20Gyimah.pdf
[15] Adam Anani Mohammed, ‘Coping with Life under Tension: A Case Study on Women in Conflict Areas in Ghana,’ International Journal of Novel Research in Humanity and Social Sciences Vol. 2, No. 5 (2015).
[16] Gyimah, 24.
[17] Seidu Alidu and Robert Ame, ‘Civil Society Activism and the Ghanaian National Reconciliation Commission: The Case of the Civil Society Coalition on National Reconciliation,’ Transitional Justice Review Vol. 1, No. 1 (2013).
[18] Valji, 25.
[19] National African-American Reparations Commission, ‘The Accra Declaration on Reparations and Racial Healing,’ 30 August 2022, https://reparationscomm.org/docs/the-accra-declaration-on-reparations-and-racial-healing/