Accra: The African Commission on Human and Peoples’ Rights (ACHPR) has identified deep-seated accountability gaps and systemic deficiencies in Ghana’s justice and detention systems. It described them as major impediments to the country’s human rights progress despite its long-standing democratic credentials.
According to Ghana News Agency, the concerns were made public in Accra when Commissioner Janet Ramatoulie Sallah-Njie, Commissioner responsible for the promotion of human rights in Ghana and Special Rapporteur on the Rights of Women in Africa representing other Commissioners, addressed a press briefing at the end of a four-day Promotion Mission to the country. Commissioner Sallah-Njie said the mission, which took place from September 29 to October 2, 2025, sought to assess Ghana’s implementation of the African Charter on Human and Peoples’ Rights, review the human rights situation, and strengthen collaboration between the Commission, government institutions, and civil society.
The delegation observed what it termed a ‘crisis of accountability and regional solidarity,’ noting that Ghana had delayed the submission of its periodic State Reports under Article 62 of the African Charter for 24 years. These reports are crucial for monitoring compliance with continental human rights obligations. Commissioner Sallah-Njie said Ghana’s otherwise strong democratic reputation was undermined by the lack of engagement with the African human rights system, including the non-ratification of key continental treaties.
Among the outstanding instruments yet to be ratified are the African Union Convention for the Protection and Assistance of Internally Displaced Persons, the Protocols on the Rights of Older Persons, Persons with Disabilities, Social Protection, and Nationality, as well as the African Union Convention on the Elimination of Violence Against Women and Girls. ‘Ghana has made commendable progress in establishing robust domestic legislation, but the failure to fully integrate into the African human rights architecture remains a serious concern,’ she stated.
The Commission also expressed concern that Ghana had not yet deposited the Article 34(6) declaration, which would allow individuals and civil society organizations to seek redress directly from the African Court on Human and Peoples’ Rights. This, it said, denied citizens an additional avenue for justice at the continental level. Another major challenge highlighted was the chronic overcrowding and structural weaknesses within the justice and correctional systems.
The Nsawam Medium Security Prison, designed to hold 1,000 inmates, currently houses nearly 3,500 – more than three times its intended capacity. This, the delegation said, constituted an urgent human rights concern. While the government had implemented several justice sector reforms, including the Plea Bargaining Act and the ‘Justice for All’ mobile court initiative, the delegation said the slow passage of the Community Sentencing Bill had worsened the overcrowding crisis by limiting alternatives to incarceration for minor offences.
The Commission also observed stark disparities in detention conditions, with some facilities providing higher standards of care, including access to tertiary education and vocational training, while others lacked even basic amenities. It further identified gaps in the training of civilian teachers working with inmates, limited rehabilitation resources, and inconsistent enforcement of international standards such as the Nelson Mandela Rules on the treatment of prisoners.
Commissioner Sallah-Njie noted that although the government had shown political will to reform the system, ‘the persistence of overcrowded prisons and the absence of a community sentencing framework continue to undermine Ghana’s human rights standing.’ The African Commission urged Ghana to expedite the submission of its long-overdue State Reports by the end of 2025 and to prioritize the ratification of all pending regional human rights instruments.
It also encouraged the government to deposit the Article 34(6) declaration to grant citizens direct access to the African Court. On justice and detention, the Commission recommended the urgent passage of the Community Sentencing Bill to provide judicial alternatives to incarceration and directly address prison congestion. It further called for the enactment of standalone anti-torture legislation and the formal designation of the Commission on Human Rights and Administrative Justice (CHRAJ) as the National Preventive Mechanism with authority to conduct unannounced visits to all detention facilities.
Additionally, it urged the operationalization of the Independent Police Complaint Committee by January 2026, ensuring it is adequately resourced and transparent in addressing allegations of police misconduct. The Promotion Mission, which was undertaken with the authorization of the Government of Ghana, was led by Commissioner Sallah-Njie and included other senior members of the Commission with expertise in extractive industries, torture prevention, prisons, and economic, social, and cultural rights.
The delegation held meetings with the Speaker of Parliament, Ministers of Foreign Affairs, Gender, and the Interior, the Deputy Attorney-General, and the Chairperson of CHRAJ. It also engaged with civil society groups, the United Nations Country Team, and international development partners. Site visits were conducted at the Nsawam Male and Female Prisons and the Osu Children’s Home to assess conditions of detention and child protection measures.
She added that the delegation’s comprehensive report would be tabled before the African Commission for adoption and then transmitted to the Government of Ghana with detailed recommendations for implementation. The African Commission on Human and Peoples’ Rights, established in 1987 under Article 45 of the African Charter, is mandated to promote and protect human and peoples’ rights across Africa and to interpret the Charter’s provisions. Ghana ratified the Charter in 1989 and remains a key partner of the Commission in West Africa.