ADDRESS DELIVERED BY MR JOSEPH WHITTAL, DEPUTY COMMISSIONER,
CHRAJ, GHANA ON THE TOPIC: MEANS OF IMPLEMENTATION, THE ROLE OF
NHRIs, DRAWING ON BEST PRACTICE FROM THE MDGS AND OTHER AREAS
OF WORK AT THE 12TH INTERNATIONAL CONFERENCE OF NATIONAL HUMAN
RIGHTS FOR THE PROMOTION AND PROTECTION OF HUMAN RIGHTS 8-10TH
OCTOBER 2015, HYATT REGENCY HOTEL, MERIDA, MEXICO
Mr Chairman,
President Luis Raul Gonzalez Perez of the Mexican National Human Rights
Commission and Host of Conference,
Adv. Lawrence Mushwana, ICC Chair and Chair of SAHRC ( South Africa ),
Members of the Diplomatic Corps present,
Colleague NHRIs Representatives,
Colleague Panelists,
Members of the Media present,
Ladies and Gentlemen.
It is indeed my pleasure to share some thoughts generally on the theme of
Conference: The Sustainable Development Goals (SDGs), what role for
National Human Rights Institutions and more particularly on the topic: Means
of implementation, the roles of NHRIs, drawing on best practice from the
MDGs and other areas of work. It is my hope that the necessary discussion will
be generated thereby and would contribute to better conference outcomes. I
will anchor my presentation on Ghana.
Chair,
Before delving into the main topic, permit me to commend the present
leadership of the ICC, the Regional Networks and the other tripartite
Stakeholders of the OHCHR and the UNDP who have been working so hard to
make NHRIs an effective bridge in the promotion and protection of human
rights in domestic or national circumstances whiles at the same time being our
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voice at the international level especially in interfacing with the UN and the
Treaty Bodies and other WGs. Your effective leadership is not lost on us
especially in the run-up to the development of the SDGs and their adoption
and beyond. The human rights-based approach to development embedded in
the SDGs might not have taken place if you had not fought hard for its
mainstreaming. The first lesson one learns from this is had this proactive,
almost militant advocacy been adopted when the MDGs were being developed
at the turn of the 21st Century the story and outcomes of the MDGs might have
been different. Is this a missed opportunity? Your guess is as good as mine. At
the international level, as you continue to engage the UN system and other
Inter-Governmental Agencies on behalf of NHRIs in the implementation of the
SDGs it is our expectation that you continue the proactive advocacy.
Chair,
Simply put, the topic requires us to take stock of the 15 year implementation
of the MDGs as the first aspirational long term development framework that
all 189 member States of the UN committed to and as we stand on the brink
yet another 15 year development agenda are there any best practices that we
can adopt and/or adapt or any lessons that we can learn from.
To attempt to answer this question, I intend to examine how the State of
Ghana and the Commission on Human Rights and Administrative Justice (
CHRAJ) implemented the MDGs and the role played by the Commission in the
course of implementation which I dare to say were best practices for
discussion of conference.
Introduction and background
Chair,
The UN Millennium Declaration of 2000 is predicated on the need to deal with
the global challenges that impede development. The MDGs were fundamental
values denominated into goals and targets that were meant to shape and drive
international relations in the twenty-first century. These values include:
freedom from want (eradication of extreme poverty); equal access to basic
services; gender equality; solidarity; tolerance; respect for nature; and a
development paradigm based on shared responsibility. It can be argued that
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implementation of the MDGs mark a significant turning point in confronting
the developmental challenges of the twenty-first century.
Like most African countries, Ghana has been committed to the implementation
of the MDGs. The country was among the 189 member states at the UN
General Assembly that endorsed the MDGs in September 2001. Domestically,
Ghana’s 1992 Constitution provides the necessary legal basis for
implementation of the MDGs. Specifically, Article 36(1) (2) (e) of the
Constitution provides that:
The State shall take all necessary action to ensure that the national economy is
managed in such a manner as to maximise the rate of economic development
and to secure the maximum welfare, freedom and happiness of every person in
Ghana and to provide adequate means of livelihood and suitable employment
and public assistance to the needy”
Policy framework for implementation of the MDGs
Ghana’s policy infrastructure for the implementation of the MDGs is driven by
the National Development Planning Commission (NDPC) as the lead public
institution responsible for formulating plans and monitoring of the
implementation of the MDGs. NDPC’s core mandate includes making proposals
for the development of multi-year rolling plans for the country as well as
monitor, evaluate and co-ordinate development policy, programmes and
projects in Ghana (see Article 87(2) of the Constitution).
In terms of the framework for implementation, the MDGs were mainstreamed
into Ghana’s medium-term development strategies over time, namely Ghana
Poverty Reduction Strategy (GPRSP I); Growth and Poverty Reduction Strategy
(GPRSP II); Ghana Shared Growth and Development Agenda (GSGDA I) and
Ghana Shared Growth and Development Agenda (GSGDA II).
Achievements or progress made by Ghana in the implementation of the MDGs
have been reckoned to be mixed ( viz GoG/UNDP, 2010 Millennium
Development Goals Report, November 2012; GoG/UNDP, 2015 Ghana
Millennium Development Goals Report, September 2015). Generally, Ghana
has been able to achieve MDG 1 (eradication of extreme poverty and hunger).
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Developing countries, including sub-Saharan Africa, continue to be saddled
with developmental challenges of unprecedented proportions; these
challenges stunt their socio-economic growth and development.
In view of the above, it can be argued that MDG 1 represents an overarching
goal/target, which provides the necessary foundation and impetus for the
realisation of the remaining seven goals/targets. For instance, extreme poverty
was eradicated in Ghana ahead of the 2015 target date. For example, it is
estimated that between 1991/1992 and 2005/2006 the incidence of extreme
poverty declined from 36.5 percent to 18.2 percent (2012 MDGs Report,
November 2012). Therefore, Ghana was able to reduce extreme poverty by
more than half ahead of the 2015 target date. However, it should be noted
that the progress made in the eradication of extreme poverty is unbalanced
and skewed in favour of the highly urbanised, economically vibrant regions and
communities in the country. Meanwhile, the three Northern regions
comprising the Northern, Upper East and Upper West, are the most deprived
and poverty-stricken geographical regions in Ghana.
Chair,
Implementation of the MDGs in Ghana – Achievements/Best Practices
This presentation focuses on certain key human rights-related MDGs, which
have largely been achieved in Ghana and should possibly be benchmarked as
best practice in terms of the measures adopted for their implementation.
These MDGs hinge on the right to education (free, compulsory universal
education (FCUBE)), promoting gender equality and the right to health. These
are:
 MDG 2A - achieve universal primary education.
 MDG 3 - promote gender equality and empowerment of women,
particularly focusing on MDG 3A (eliminating gender disparity in primary
and secondary education).
 MDG 6 – combat HIV/AIDS.
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MDG 2: achieve universal primary education (right to basic education or
FCUBE)
Achievements
Ghana exceeded the gross enrolment and completion target. However, net
enrolment is still a challenge. Gross enrolment ratio (GER) in primary school
increased from 95 percent in 2007/2008 to 107 percent 2013/2014. Net
enrolment ratio (NER) increased from 81 percent in 2006/2007 to 88.5 percent
in 2008/2009 and reached 89.3 percent in 2013/2014 – the increase in NER has
been tardy. And overall, completion rate in primary schools exceeded the
target by 12.4 percent.
These achievements were propelled by direct policy interventions such as the
introduction of social protection programmes such as school feeding,
capitation grant, free school uniforms, textbooks and sandals. Other policy
measures included elimination of schools under trees, especially in the rural
areas, through targeted investment in building schools to replace all primary
schools still taught under trees in this day and age of computers etc.
The key institutions responsible for implementation of this target were the
Ministry of Education; Ministry of Gender, Children and Social Protection; and
the Ghana Education Trust Fund (GETFund).
Key challenges
The following were the key implementation challenges:
 Inadequate infrastructure and basic teaching tools – i.e many schools in
the rural areas lack adequate classrooms and textbooks for effective
teaching.
 Low morale and relatively poor conditions of service of teachers (in spite
of introduction of single spine salary payment by government) affect
quality of education. The quality of education is exacerbated by the
reluctance of teachers to accept postings to the rural areas.
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MDG 6 – Combat HIV/AIDS, malaria and other diseases
Achievements
HIV prevalence has fallen from 3.6 percent as of 2007 to 1.3 percent by 2013.
This achievement is attributed to measures taken by key institutions involved
in combating the pandemic. These include the Ghana Aids Commission (GAC),
National Aids Control Programme (NACP), the Commission on Human Rights
and Administrative Justice (CHRAJ) and a swathe of civil society organisations
(CSOs) dealing with the disease. In terms of policy measures, expanded access
to anti-retroviral therapy (ART) has contributed to the decline in HIV and AIDSrelated deaths and mother-to-child transmission as well as intensive
counselling (including advocacy on the myths and realities associated with the
disease) and testing initiatives at the community level.
In spite of the above, stigma and discrimination against persons living with HIV
and AIDS (PLWHA) and key populations (KPs) - i.e. female sex workers, men
who have sex with men (MSM), etc.) have hampered the progress so far made.
For instance, stigma and discrimination affect access to health, education,
employment, housing, etc.
CHRAJ-GAC collaboration to combat stigma and discrimination
In response to the challenge of stigma and discrimination, consistent with
CHRAJ’s human rights mandate, CHRAJ and GAC entered into a memorandum
of understanding (MOU) aimed at protecting the rights of PLWHA and KPs. In
this regard, a dedicated unit, the Health Rights Desk (HRD), has been
established within CHRAJ. As a sequel, a web-based Discrimination Reporting
System (DRS) has also been created within CHRAJ to facilitate logging in of
complaints/reports bordering on stigma and discrimination from either
PLWHA or KPs directly or indirectly through civil society organisations (CSOs)
acting on behalf of the former without the victims having to physically walk-in
to Commission’s offices nationwide. Both HRD and DRS are manned by
specialised staff of CHRAJ who receive and investigate complaints and provide
the necessary remedies in respect of the complaints lodged with the HRD.
CHRAJ, GAC, Ghana Police Service and CSOs are key institutions that facilitate
implementation of activities of the HRD, particularly measures taken to combat
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stigma and discrimination perpetrated against PLWHA and KPs. CHRAJ, on the
other hand, provides the necessary oversight in terms of coordination as well
as ensuring that rights of all persons are protected and remedy provided if
possible after investigations regardless of the person’s status.
Key challenges
The key challenges affecting effective implementation of target are:
 High level of stigmatisation and discrimination.
 Lack of efficient monitoring and accountability machinery.
 Ineffective coordination of the national response.
Funding mechanism for implementing of MDGs
Funding for implementation of national development strategies or
programmes has been a shared responsibility between the government of
Ghana (GoG) and Development Partners (DPs). For instance, implementation
of Ghana’s medium-term development strategy as well as the MDGs was
supported (financially and technically) by DPs through disbursements made
under the Multi Donor Budget Support System (MDBS) which was introduced
in 2003 (MDBS is funded by the Netherlands, Canada, Denmark, Germany,
France, Switzerland, Japan, DFID, European Commission, World Bank, and
the African Development Bank. The observers are UNDP, UNICEF, IMF and
USAID). Other funding sources such as the Heavily Indebted Poor Countries
Initiative (HIPC), Multilateral Debt Relief Initiative (MDRI) and the US
Millennium Challenge Account (MCA) have largely supported the
implementation of the MDGs in Ghana.
At the institutional level, DPs notably the United nations Development
Programme (UNDP), United Nations Children’s Fund (UNICEF), European Union
(EU), Department for International Development (DFID) and Danish
International Development Agency (DANIDA) had and continue to support
Ghana’s development efforts, including implementation of the MDGs.
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Concerning implementation of the MDGs, UNDP had been the key DP that
partnered Ghana Government in this regard.
Under its development assistance framework (UNDAF), UNDP has been
implementing the MDGs through the Millennium Development project.
Specifically, under the fourth UNDAF (2012-2016), UNDP, guided by the theme
Delivering as One to Achieve the MDGs (also called One UN) focused its
development assistance on food security and nutrition, sustainable energy and
human settlements, human development and productive capacity for
improved social services, and transparent and accountable governance. In this
regard, under the Transparent and Accountable Governance development
assistance framework, UNDP supported implementation of MDGs 1, 2, 3, 4, 5
and 7. (UNDP/UNDAF (2012-2016). UN Country Team, Ghana, April 2011).
Role of NHRIs in the implementation of the MDGs – CHRAJ’s Best Practice
Conceptually, implementation of the MDGs in Ghana did not include CHRAJ as
a national human rights institution (NHRI) capable of playing a role in the
implementation process. Policy formulation and the ensuing implementation
processes were driven by the NDPC. It is noteworthy to indicate that, as a
matter of routine and at institutional level, NDPC involves CHRAJ in the
consultative processes that lead to the formulation of composite national
medium-term development plans in order to harmonise CHRAJ’s annual work
plans/activities with the national development plans.
DEVELOPMENT PARTNERS/ GHANA GOVERNMENT GOVERNANCE MEETINGS
Through the monthly governance meetings that DPs have with Government
which are attended by the Commission leveraging on its broad mandate
straddling human rights, anti-corruption and the Ombudsman the input of the
Commission is sought in the formulation of targets and triggers. Some of these
targets and triggers relate to MDGs whiles others relate generally to
governance issues such as the fight against corruption. At the instance and
advice of the Commission the development and implementation of a national
anti-corruption action plan for Ghana was made a trigger without which
substantial budget support would be withheld. This has been achieved with
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the plan adopted by Parliament as a bi-partisan document. It has been
captured in the present National Development Framework ( GSGDA11) and is
presently being implemented with the Commission as the major facilitator
whiles the office of the President is the main implementor.
Monitoring and research
In view of the above, it is fair to state that CHRAJ was not considered as a key
state institution for the implementation of the MDGs in Ghana. Nonetheless, in
line with discharging its human rights mandate, CHRAJ has consistently been
monitoring the state of human rights in Ghana particularly regarding access to
health and education and a clean, safe environment. Specifically, CHRAJ has
been monitoring national social interventions such as the national health
insurance scheme (NHIS) and the FCUBE aimed at facilitating access to health
and education. In addition, CHRAJ has been monitoring detention facilities
(prisons and cells) in the context of the UN Standard Minimum Rules for the
Treatment of Prisoners to assess the state of human rights compliance
particularly in terms of access to medical and educational services as well as a
clean and safe living environment for inmates in these facilities. After its
monitoring exercise, CHRAJ issues annually the state of human rights reports
(SOHR) incorporating its findings and recommendations, which are made
available to the relevant state institutions for the necessary remedial measures
to be taken to protect the rights of the vulnerable.
Regarding the right to health and access to basic services, it is instructive to
reiterate the collaboration between CHRAJ and GAC which led to the
establishment of the HRD. This policy intervention should be seen as one of
the best practices deserving benchmarking by NHRIs as means to protect the
rights of the vulnerable in terms of implementing the right to health and
education as well as dealing with stigma and discrimination for other
marginalised and vulnerable groups.
Systemic investigation
As part of its mandate in investigating human rights violations, CHRAJ has, for
instance, carried out systemic investigations into human rights violations in
mining communities in Ghana. These human rights violations hinged on
environmental degradation arising out of the activities of mining companies
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e.g. pollution of water bodies, which affected access to water, health and
livelihoods of the inhabitants. A report was issued after the investigations in
2008. Furthermore, CHRAJ has conducted research into child trafficking and its
associated child labour in select communities in Ghana as basis for influencing
national policy for the protection of the rights of children.
Promoting human rights and human development
As stated previously, although CHRAJ has not been directly involved in the
implementation of the MDGs, it has continually organised public education to
create the necessary awareness on human rights in the context of the MDGs.
For instance, CHRAJ has been in the forefront in creating awareness among the
business community in Ghana on the tenets of the UN Guiding Principles on
Human Rights and Business. In this regard, CHRAJ has been emphasising the
impact of business activities in the extractive sector (gold mining, oil and gas)
in relation to the labour rights (health and safety in workplaces),
environmental degradation/pollution, etc.
Challenges in the implementation of the MDGs
Funding for implementation of national development strategies and initiatives
has been a major challenge for Ghana. It is reckoned that 40 percent of
Ghana’s budgetary support (development assistance) is provided externally by
DPs both bi-lateral and multi-lateral (GOG/UNDP Millennium Development
Report, November 2012). Meanwhile, GoG funding has been inadequate and
in some cases not released timely. This funding gap has deepened in view of
the fact that Ghana has attained a lower middle income status. As a result, it is
fair to indicate MDG 8 (i.e. global partnership for development) in the context
of international cooperation for facilitation of development was crucial in
implementation of the MDGs in Ghana. However, the unpredictability of
remittances from DPs has hugely affected effective implementation of targets
under the MDGs.
Conclusion
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In general terms, it is important to emphasise broadly the policy interventions
that contributed to the achievements so far made by Ghana in the
implementation of the MDGs. These include:
 Improved infrastructure development – roads, educational, health
facilities, etc.
 Debt relief initiatives under HIPC and MDRI
 Introduction of social intervention programmes such as Livelihood
Empowerment against Poverty (LEAP), NHIS, school feeding, free
textbooks and uniforms, capitation grants, etc.
 Special initiatives to combat structural poverty and inequality in national
development such as the Savannah Accelerated Development Authority
(SADA), Millennium Development Authority (MIDA), Rural Enterprises
Development Programme (REDP) – to improve livelihoods and incomes
of poor entrepreneurs, etc.
Way forward for effective implantation of the SDGs
Drawing from the best practices in the implementation of the MDGs and the
other roles of NHRIs, the following suggestions are made for the consideration
of Conference as it works out the Merida Declaration to inform effective
implementation of the Sustainable Development Goals (SDGs):
 ICC in collaboration with NHRIs should undertake robust advocacy aimed
at Governments, particularly in developing countries to appreciate that
SDGs are not merely development targets/goals, but are anchored in the
human rights principle of freedom from fear and freedom from want
underpinning state parties’ obligations under the international Covenant
on Civil and Political Rights (ICCPR), International Covenant on Economic
Social and Cultural Rights (ICESCR) and to that extent a human rightsbased approach to their implementation is required.
 Conscious effort should be made to mainstream the SDGs as human
rights norms in national development programming.
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 Capacity of NHRIs should be strengthened with respect to
implementation of SDGs and their monitoring and review at national
level as well as the use of monitoring reports at the UPR and other UN
fora currently being recommended by the Secretary-General to hold
States more accountable under the SDGs
 NHRIs should refocus their human rights promotion and protection
mandate by emphasising the interconnection between human rights and
development hence the obligation on the part of governments to
provide the necessary infrastructure to facilitate human development.
 NHRIs should be key stakeholders in awareness creation campaigns on
the SDGs
 NHRIs should monitor implementation of SDGs by setting up an
implementation mechanism/structure to monitor implementation by
governments at the national level.
 To overcome the funding challenge, especially in developing countries,
DPs should support implementation of SDGs and the monitoring and
review at national level by NHRIs in line with obligation of international
cooperation and assistance under Articles 55 and 56 of the UN Charter,
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Thank you for your attention
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