Sebastian R. Freiku
4 January 2006
Kumasi — MR. RICHARD Quayson, Deputy Commissioner of the Commissioner for Human Rights and Administrative Justice (CHRAJ), has asserted the independence of the commission, saying CHRAJ is jealous about its independence and therefore takes serious aversion to any form of interference.
He said the commission is sufficiently insulated from interference and therefore cannot be ordered to investigate cases adding, "Not even the President can order CHRAJ to investigate cases" because that would amount to interference.
"The President cannot challenge the verdict or decision of CHRAJ. Even parliament has no right to that effect," Quayson declared during a media encounter in Kumasi recently.
Emphasizing the independence of CHRAJ further, Quayson said the president does not enjoy any indemnity and that as a public officer and first gentleman of the nation, he is answerable to allegations and cannot escape the scrutiny of CHRAJ.
Quayson said the Commission goes about its duty according to the dictates of the law explaining as well that with equal protection as Appeal Court judges, no one removes a Commissioner of the Commission except on grounds of misconduct which calls for an impeachment.
Similarly, he noted, the President cannot invoke impeachment and explained that even in the case of impeachment it cannot be abused in any way because the process is elaborate and cumbersome.
In an answer to what CHRAJ can do and cannot do, Commissioner Quayson said much as the Commission protects rights of general society, it cannot investigate matters between government and government agencies as well as cases before the court.
"We cannot investigate criminal cases, land cases and contracts because they are not purely fundamental rights," he explained.
According to him, CHRAJ basically investigates complaints of violations of fundamental rights and freedoms in both public and private sectors and provide appropriate remedy or redress.
CHRAJ reviews policies and laws, which do not comply with human rights provisions in the constitution and other international instruments and advise the government accordingly.
Commissioner Quayson said CHRAJ is also mandated to monitor the State's compliance with its human rights obligations including conditions at the country's prisons and police cells to prevent human rights abuse to inmates.
He said his outfit investigates cases of alleged corruption, misappropriation and mismanagement of public funds by public officers, abuse of power and unfair treatment of any person by a public officer in the exercise of official duties and allegations of non-compliance of the provisions of the Code of Conduct for Public Officers among others.
Addressing the forum earlier, Quayson said CHRAJ exists to enhance the scale of good governance, democracy, integrity, peace and social development by providing, protections and enforcing fundamental human rights and freedom and administrative justice form all persons in Ghana.
CHRAJ has offices in all 10 regional capitals and 100 district with and estimated total staff strength of 738 and that offices are yet to be established in the remaining 38 districts in compliance with the Constitution, he told the media.
Quayson noted that CHRAJ had, since its inception, become a beacon of hope for many Ghanaians because until June 2005 CHRAJ had received 100,000 complaints 85% of which had been resolved.
According to Quayson, the Commission dealt with 7,923 family related cases in 2003 out of a total of 13,726 cases received.
Cases concerning children and mainly child maintenance were 4,956 while marital issues constituted 1,619 cases.
About 1,348 bordered on inheritances.
He said administrative justice and labour related which used to form the bulk of 76% dropped to 16.4% while complaints reflecting general basis rights constitute 12.9% of cases.
Quayson has assured that in the ensuing years CHRAJ would investigate allegations of corruption, which he said requires painstaking efforts, and therefore time consuming.
According to him, it would not serve any useful purpose if the Commission rushed to the media to tell them every step of their investigations.
He said the focus for the immediate future is to put more emphasis on prevention of corruption through stepped up education on the evils of corruption as well as develop code of Conduct for Public officials and vigorously pursue the vision, if making respect for human rights and human dignity a way of life in Ghana.
Another area the Commission would lay much emphasis on is economic and social rights by which it would empower and strengthen people especially the vulnerable and the marginalized to protect their rights for self development, mutual support and assistance to ensure equal opportunities for them.
Meanwhile, Mr. Charles Ayandor, Deputy Director in charge of Anti-Corruption at CHRAJ, has called for a review of the Criminal Code to accommodate all forms of corruption.
The proposed review, he noted, would help address all inadequacies of the Criminal code since according to him corruption in the legal framework of the Criminal Code is inadequate.
Ayandor, who defined corruption as the abuse of power for personal gains, bribery, fraud and mismanagement of resources, said the Criminal Code did not take care of all forms of corruption hence the for a review.
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