What are the key challenges for justice sector reform in Ghana? This paper from the Africa Governance, Monitoring and Advocacy Project (AfriMAP) highlights both improvements and issues yet to be addressed in the country’s administration of law and justice. Whilst it has seen many positive developments since the restoration of civilian rule in 1993, including an increased institutional respect for the rule of law, justice reform remains piecemeal and uncoordinated.
Ghana has passed legislation to establish independence for its judicial sector and instituted practical improvements in the administration of justice. Civil society and oversight institutions have played an important role in promoting these reforms. However, weaknesses in the constitutional and legislative framework still exist. Many administrative reforms have not been enacted into law.
The main achievements and outstanding issues in Ghana’s justice sector reform process are as follows:
- Ghana has ratified international human rights and rule of law treaties. The Constitution guarantees civil/political rights. Nevertheless, international treaties are not routinely incorporated into national laws and judges are not trained to apply international law principles.
- Despite the fact that the Constitution specifies the separation of powers and checks and balances, the Attorney General is also the Minister of Justice. Whilst the government generally obeys the laws of the land, there is a perception of executive influence in pardon and immunity cases.
- Systems to address judicial misconduct are in place. Administrative reforms include automated courts and pre-trail settlement procedures to reduce court delays. However coordination and cooperation between judicial levels is weak and long court delays persist. The judicial appointments process is flawed.
- The presumption of innocence, the right to a fair trial and the right to representation are codified, and legal aid is provided. However, there is a geographical imbalance in court distribution and a perception of judicial corruption. While some prison construction has occurred, sentencing and prison management laws are out of date and overcrowded, inadequate prison conditions prevail.
- Crime data collection has improved. Mechanisms exist to check police behaviour and complaints about the police have decreased. However, there is no national crime prevention strategy and allegations of police abuse and corruption continue.
- Donors have played a significant role in promoting sector reforms. However, donor coordination is generally weak. Funding is often driven by donor agendas rather than local needs.
Ghana should adopt a system-wide approach to judicial reform to integrate and coordinate all sector roles, functions and activities. It should increase training programmes at all sector levels. It should also:
- incorporate international human rights law principles into national courts
- separate the positions of Attorney General and Minister of Justice and adopt strict criteria for the granting of pardons and immunity
- amend the law to ensure judicial appointments meet international law requirements and adopt international best practices to reduce trial delays
- conduct a national crime survey as a basis for the development of a national crime strategy
- increase legal aid for the indigent
- promote donor justice sector funding based on local priorities.