FIELDWORK & ASSESSMENTs
After his first visit to Ghana, the former Special Rapporteur found that many high-ranking officials in the Police and Prisons Services were aware of international human rights standards and appeared committed to implementing a more humane approach to law enforcement and corrections. However, there were extreme levels of overcrowding in Ghanaian prisons, and substandard conditions in prisons. Professor Mendez also found that persons with disabilities were restrained (physically and chemically) for long periods of time for alleged “therapeutic” reasons, and often held, involuntarily, in prayer camps. Overall, there was a social stigma prevalent in Ghanaian society about mental and intellectual disabilities, despite the adoption of the Mental Health Act.
In the aftermath of his follow up visit to Ghana, Professor Mendez welcomed the Government’s commitment and determination to reform aspects of the criminal justice system and to improve prison conditions with a view to enhancing the fundamental human rights of its citizens. He again, recommended that Ghana ratify the OPCAT, establish a National Preventive Mechanism (NPM), and introduce the offense of torture in national criminal legislation. The former Special Rapporteur remained particularly concerned about allegations of the use of torture and other ill-treatment during arrest, and interrogation, and police custody, and called on the Government to ensure that complaint procedures and mechanisms are adequate and lead to accountability. He also welcomed the establishment of the Mental Health Authority Board and its efforts to improve mental healthcare practices in both the formal and informal sectors, in the face of severe challenges, and urged the Government to support these efforts through adequate funding, resourcing, and capacity-building. Finally, Professor Mendez observed that some practices in private prayer camps, such as shackling and forced fasting, amount to torture and other ill-treatment, and reminded the Government of its fundamental obligation to absolutely prohibit and eradicate these practices, in line with international human rights obligations.
CAPACITY BUILDING & PARTNERSHIPS
October 4, 2015: Half-Day Civil Society Roundtable in Accra ????
Participants: (representatives and advocates from more than 20 local organizations working on criminal justice reform, disability rights, and mental health issues); Action by Christians Against Torture; Amnesty International; Center for Democratic Development; Central University College Accra Faculty of Law; Commonwealth Human Rights Initiative; Gender Studies & Human Rights Documentation System; Ghana Bar Association Human Rights Committee; Human Rights Advocacy Center; Legal Resources Center; Network for Women’s Rights; NGO Coalition on the Rights of the Child; POS Foundation; University of Ghana Law Faculty; Mental Health Authority Board; Basic Needs; Ghana Federation for the Disabled; Ghana Psychological Association; Mental Health Society of Ghana; Mind Freedom Ghana; National Council on Persons with Disabilities
June 15, 2016: Breaking the Chains: Putting an End to Shackling of People with Disabilities - U.N. Headquarters, New York City,
In many parts of the world, people with psychosocial or intellectual disabilities are shackled and spend years locked up in chains, wooden stocks, or confined spaces due to prevalent stigma and a lack of services, including mental healthcare. People still believe magical spells cause certain disabilities, which leads families and individuals to consult shamans, religious, and traditional healers first and only seek other services as a last resort. In Indonesia alone more than 57,000 people with disabilities have been shackled at least once in their lives, despite a government ban on the practice since 1977. This side event will highlight examples of shackling in Indonesia, Ghana, and Somalia and explore concrete solutions for enforcing a ban on shackling and share strategies on how to move towards community-based alternatives.
Moderator: Shantha Rau Barriga (Disability Rights Division Director, HRW); Speakers: Theresia Degener, member of the CRPD; Juan Méndez, SRT; Yeni Rosa Damayanti, self-advocate and director of the Indonesian Mental Health Association
October 2017 Human Rights Watch’s World Mental Health Day Campaign, “Ghana Invest in Mental Health Services to End Shacking”
The ATI joined HRW and a coalition of organizations dedicated to promoting mental health awareness in calling on the Ghanaian government to end the practice of shackling, and to ensure adequate funding, capacity building, and resources for mental health services in both formal and informal sectors. The coalition recognized that Ghana made progress in safeguarding the rights of people with disabilities through the passage of the Mental Health Act of 2012, however much more needs to be done.
RESOURCES
SRT interview on Radio France International about Ghana
News Coverage of First visit to Ghana by the UN Special Rapporteur on Torture
UN rights expert to follow up recommendations in key criminal justice and mental health areas
Much remains to be done but UN expert welcomes steps to combat torture and other ill-treatment