Let’s do away with differences---Barton-Odro, Wednesday 14, December 2011, pg 13

Ghana's democratic path can only be strengthened if Ghanaians put aside differences that endanger the significant gains made in the country's democratic process, the Deputy Attorney General and Minister of Justice, Mr Ebow Barton-Odro has said.


"We may belong to different religious persuasions, speak different languages, belong to different political groups,or might have attended different schools, we however, are essentially Ghanaians with a common destiny," he stated.

He said as the country opted for a democratic system of governance, the success of which was firmly rooted in the promotion, protection and respect for the fundamental human rights of groups and individuals, the government had a responsibility to promote and protect the fundamental human rights and freedoms of the citizenry.

“We cannot achieve sustainable national development when the environment is not convenient for the people to achieve their legitimate aspirations,” he stated.

The deputy minister, who was speaking at a sensitisation seminar organised by the African Court on Human and Peoples' Right (AfCHPR) Seminar, said since a lot of people had worked hard to put democracy on a firm footing, it was imperative to attach more work to ensure its advancement and consolidation.

The AfCHPR was established in pursuant of Article 1 of the Protocol to the African Charter on Human and Peoples’ Rights to complements the protective mandate of the African Commission on Human and Peoples' Rights.

Article 34(6) of The Protocol Establishing the court requires that for individuals and non governmental organisations to have direct access to the court, the state should make a declaration accepting the competence of the court to receive applications from these entities. Its main business is the handling of contentious human right cases after they have been exhausted locally and advisory opinions.

However, the court's major challenge is its lack of utilisation by it member countries. Between 2008 and 2010, it adjudicated only one case.

It is in the light of the lack of patronage that it is organising seminars to conscientise the legal community and raise awareness about itself with the view to popularise the court among representative of state and non-state human right stakeholders.

The seminar is also intended to sensitise would-be applicants on how to access the court, the procedures before it and also to encourage seizure of the court for advisory opinions.

Mr Barton-Odro stated that as a founder member of the African Union, Ghana was strongly committed to its ideals and would do all it could to support its organs realise the objectives for which they were established

“We shall, therefore, not waver in our commitment to support the court and its objectives,” he stated.

The President of the AfCHPR, Justice Gerard Niyungeko, observed that the inability of the court to attract applicants was because even though individuals and NGOs were key stakeholders in the judicial protection of human rights, the court was not yet widely opened to them.

Additionally, due to the relative novelty of the court, it is not well-known by Africans and various entities entitled to bring contentious matters and seek advisory opinion.

According to Justice Niyungeko, of the 26 countries that had ratified the Protocol establishing the Court, only five, namely Ghana, Malawi, Burkina Faso, Tanzania and Mali were championing the cause of the court.

He, therefore, appealed to bodies including national judicial institutions, human right commissions, bar associations and the media to lead the crusade in projecting the court to achieve its objectives.

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