Ghanian National Reconciliation Commission
Historical Background
In 1951, legislative elections saw the victory of the Peoples Convention Party, founded in 1949 by DR. Kwame Nkrumah, who became head of the local government. He immediately set about working with the British authorities in order to prepare for independence. This was declared in 1957, becoming effective on 6 March 1957, the date at which the new state adopted the name of Ghana.
On 1st July 1960, the Republic was proclaimed and Nkrumah was elected President. As a figurehead in the non-aligned movement, he applied economic policies based on the State planning system of the communist bloc, and lead the country into bankruptcy. Nkrumah met with increasing opposition throughout the country for his management of the economy and his authoritarian methods. This opposition was severely repressed, and its principal leaders imprisoned without trial.
On 24 February 1996, whilst on an official State visit to China, Nkrumah was removed from power by a military coup d’état. For the following three years, Ghana was governed by a National Liberation Council. In 1969, by virtue of a new Constitution, power was transferred to a civilian government led by Kofi Busia. In 1972, Kofi Busia was overthrown by a new military coup d’état led by Colonel Ignatius Acheampong, who surrendered his position in 1978 to General Frederick Akuffo.
In June 1979, a young air force lieutenant, Jerry Rawlings, took over power (after an earlier failed putsch in May 1979). Acheampong and Akuffo, as well as several other high-ranking military officers were charged with corruption and executed. In September, Rawlings withdrew in favour of an elected civilian President, Hilla Limann. On 31 December 1981, with the economic situation in continual decline, Rawlings once again took over power in a new coup.
In April 1992, after eleven years of authoritarian government, a Constitution, approved by referendum, opened the way for a multi party system. Rawlings, who stood as a civilian candidate, was elected President after a multi candidate vote in November of the same year. In June 1994, territorial disputes in the north of Ghana degenerated into ethnic violence amongst seven different communities. A temporary state of emergency was decreed and a peace agreement was negotiated amongst the parties. The year 1995 was noted for its violent demonstrations against the increase in the cost of living which were forcibly put down. In December 1996, following general elections, Rawlings was re-elected President of the Republic and his party, the National Democratic Congress won the absolute majority of seats in the National Assembly.
The new political plurality in the 2000 elections, won by John Kufor, definitively placed Ghana in the ranks of African countries where democracy had taken solid roots. The new President had hoped to bring to trial those accused of past human rights violations. However, the 1992 Constitution disallowed the trial of any former military personnel.
Mandate
In December 2001, The Ghanaian parliament passed a law establishing the National Reconciliation Commission (National Reconciliation Commission Act).
This law came into force on 11 January 2002.
The aim of the Commission was to seek and promote national reconciliation amongst the people of Ghana by drawing up a detailed, complete and historical report of the human rights violations and abuses inflicted on the Ghanaian people by public institutions and the holders of public office during the following periods: - From 24 February 1966 until 21 August 1969,
- From 13 January 1972 until 23 September 1979 and
- From 31 December 1981 until 6 January 1993.
However, the Commission had the possibility of extending its action over any period between 6 March 1957 (date of the independence of Ghana) and 6 January 1993 in order to fulfil the objectives for which it had been set up.
 Composition
The Commission was composed of a chairperson and eight other members. The chairperson and other members were nominated by the President in consultation with the Council of State. In appointing the members of the Commission the President had regard to the integrity, sense of fairness and ability of the persons to achieve the object of the Commission.
Operations
In order to meet its objectives, the Commission had to: - investigate violations and abuses of human rights relating to killings, abductions, disappearances, detentions, torture, ill-treatment and seizure of properties suffered by any person within the specified periods;
- investigate the context in which and the causes and circumstances under which the violations and abuses occurred and identify the individuals, public institutions, bodies, organisations, public office holders or persons purporting to have acted on behalf of any public body responsible for or involved in the violations and abuses;
- identify and specify the victims of the violations and abuses and make appropriate recommendations for redress;
- educate the public and give sufficient publicity to its work so as to encourage the public to contribute positively to the achievement of the object of the Commission.
On 3 September 2002, the Commission registered the first complaints from victims of human rights violations, thereby denoting the start of its activities. Hearings began at the beginning of January 2003. Setting aside a few cases where national security was involved, most of the hearings were held in public, with wide media coverage. In 18 months of hearings, the Commission heard evidence from 3'114 victims, chosen from amongst 4240 written depositions. Some 79 criminals also provided testimony. The Commission officially completed its task on 28 October 2004.
According to the January 2002 law setting up the Commission, it was not allowed for any complaint filed with the Commission to be further brought forward for criminal trial.
Report
The Commission’s report and recommendations were handed to President Kufuor on 12 September 2004, but were not made public before the end of 2004. The report laid out some of the reasons which had led to the breakdown of democracy in Ghana, during the periods which had been reviewed and proposed a series of institutional reforms in the security services, the judiciary and other sectors. Moreover it recommended modest, but significant, reparations which could make a real difference to the daily life of the victims.
The figures concerning the number of victims were rather imprecise, varying between 8’500 and 12’500 persons. Whereas the Commission determined that close to 65% of the violations had been committed by the armed forces and the police, absolutely no recommendation concerning criminal proceedings or, at the very least, a clean-up of these public functions, were put forward. The only recommendation was that a public excuse be made on the part of the executive body.
Postscript
At the time the NRC report was made public, the government committed itself to establishing a reparations fund before December 2005 and to begin the process of indemnifying the victims for the suffering they had undergone. In April 2005, the Ghanaian Minister of Justice specified that the government had accepted the principal recommendations of the Commission and had taken upon itself to put them into application.
On 21 November 2005, the Ghanaian Centre for Democratic Developmenthttp://www.cddghana.org set up an awareness programme to advise the population on the conclusions and recommendations of the Commission.
Nevertheless, by November 2005, Ghanaian victims were still awaiting the creation of the compensation fund. On 25 April 2006, the Justice Minister allocated around 1.5 million dollars to put into practice the recommendations of the National Reconciliation Commission. This sum was to allow the establishment of a Reparations and Rehabilitation Fund for human rights victims in Ghana. Those persons whose property had been confiscated by the State during this period were to have it returned, which will not be without difficulty given the fact the property titles are frequently nonexistent.
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