Transitional Justice in Ghana: An Appraisal of the National Reconciliation Commission (International Criminal Justice Series, 25)

This book situates Ghana's truth-telling process, which took place from 2002 to 2004, within the discourse on the effectiveness of the different mechanisms used by post-conflict and post-dictatorship societies to address gross human rights violations. The National Reconciliation Commission was the most comprehensive transitional justice mechanism employed during Ghana's transitional process in addition to amnesties, reparations and minimal institutional reforms. Due to a blanket amnesty that derailed all prospects of resorting to judicial mechanisms to address gross human rights violations, the commission was established as an alternative to prosecutions. Against this background, the author undertakes a holistic assessment of the National Reconciliation Commission's features, mandate, procedure and aftermath to ascertain the loopholes in Ghana's transitional process. She defines criteria for the assessment, which can be utilised with some modifications to assess the impact of other transitional justice mechanisms. Furthermore, she also reflects on the options and possible setbacks for future attempts to address the gaps in the mechanisms utilised. With a detailed account of the human rights violations perpetrated in Ghana from 1957 to 1993, this volume of the International Criminal Justice Series provides a useful insight into the factors that shape the outcomes of transitional justice processes. Given its combination of normative, comparative and empirical approaches, the book will be useful to academics, students, practitioners and policy makers by fostering their understanding of the implications of the different features of truth commissions, the methods for assessing transitional justice mechanisms, and the different factors to consider when designing mechanisms to address gross human rights violations in the aftermath of a conflict or dictatorship. Marian Yankson-Mensah is a Researcher and ProjectOfficer at the International Nuremberg Principles Academy in Nuremberg, Germany. Foreword Acknowledgements Contents Abbreviations and Acronyms List of Figures List of Tables 1 Introduction Abstract 1.1 Background to the Study 1.1.1 Defining Transitional Justice 1.1.2 Tracing the Roots of Transitional Justice 1.1.3 Transitional Justice and Truth Commissions 1.1.4 The Origin of Truth Commissions 1.1.5 The Right to Truth 1.1.6 Benefits and Shortcomings of Truth Commissions 1.2 Objectives and Methodology 1.2.1 Historical Review 1.2.2 Normative Analysis 1.2.3 Comparative Analysis 1.2.4 Empirical Analysis 1.3 Structure of the Book References 2 Historical Background to the Establishment of the National Reconciliation Commission Abstract 2.1 Introductory Remarks 2.2 Early Signs of Social Division in Ghana 2.2.1 Nkrumah and the United Gold Coast Convention 2.2.2 The National Liberation Movement 2.2.3 The Togoland Factor 2.3 Ghana’s First Republican Regime (6 March 1957 to 24 February 1966) 2.4 The Genesis of Military Rule: The National Liberation Council (24 February 1966 to 1 October 1969) 2.5 A Second Venture into Constitutional Democracy: The Government of the Progress Party (1 October 1969 to 13 January 1972) 2.6 The Return to Military Rule (1972–1979) 2.6.1 The National Redemption Council and the First Supreme Military Council (13 January 1972 to 5 July 1978) 2.6.2 The Second Supreme Military Council (5 July 1978 to 4 June 1979) 2.6.3 The Armed Forces Revolutionary Council (4 June 1979 to 24 September 1979) 2.7 The Third Republic: Peoples’ National Party (24 September 1979 to 31 December 1981) 2.8 The Second Coming of Rawlings: The Provisional National Defence Council (31 December 1981 to 7 January 1993) 2.9 Transition to Democracy and the National Reconciliation Commission 2.10 Chapter Summary References 3 The Legal Framework of the National Reconciliation Commission Abstract 3.1 Introductory Remarks 3.2 Reasons for the Establishment of the National Reconciliation Commission 3.2.1 The Amnesty Provisions Under the 1992 Constitution 3.2.2 Complexities with Amending the Amnesty Provisions 3.2.3 Absence of a Transitional Justice Policy for the Country 3.2.4 The Principle of Legality (Nullum Crimen, Nulla Poena Sine Lege) 3.2.5 Other Factors 3.3 The Features of the National Reconciliation Commission 3.3.1 Time Frame for Operation 3.3.2 Membership and Staffing 3.3.3 Independence of the National Reconciliation Commission 3.3.4 Confidentiality of Information 3.3.5 Objects and Mandate of the National Reconciliation Commission 3.3.6 Powers of the National Reconciliation Commission 3.3.6.1 Administrative Powers 3.3.6.2 Subpoena Powers and Other Witness-Related Powers 3.3.6.3 Search and Seizure Powers 3.3.6.4 Proceedings of the National Reconciliation Commission 3.3.6.5 The Power to ‘Name Names’ 3.3.7 Funds of the National Reconciliation Commission 3.3.8 Provisions on the Report 3.3.9 Offences and Penalties 3.4 Chapter Summary References 4 The National Reconciliation Commission in Practice Abstract 4.1 Introductory Remarks 4.2 The Work of the National Reconciliation Commission 4.2.1 Interpretation and Implementation of the Mandate 4.2.2 Structures and Offices 4.2.3 Statement Taking and Processing 4.2.4 Conduct of Investigations 4.2.5 Hearings 4.2.6 Assistance of Witnesses 4.3 Challenges 4.3.1 Inadequacy of Funds and Logistics 4.3.2 Weak Investigative Capacity 4.3.3 Condemnation of and Resistance to the Commission’s Work 4.3.4 Political Resistance to the Commission’s Work 4.3.5 Difficulty in Engaging Perpetrators 4.4 Outcome of the Commission’s Work 4.4.1 Overview of the Report 4.4.1.1 Summary of Findings 4.4.1.2 Summary of Recommendations 4.4.1.3 Recommendations for Institutional Reform 4.4.1.4 Recommendations for Reparations 4.4.2 Interim Analysis of the Commission’s Report and Recommendations 4.4.2.1 Assessment of the Recommendations 4.4.2.2 Strengths of the Report 4.4.2.3 Weaknesses of the Report 4.4.3 Publicity of the Report 4.4.4 Implementation of the Report 4.5 Chapter Summary References 5 The National Reconciliation Commission in Hindsight: An Evaluation of Impact Abstract 5.1 Introductory Remarks 5.2 The Concepts of ‘Impact’ and ‘Success’ 5.3 The Assessment Criteria 5.4 The Impact of the National Reconciliation Commission on Truth 5.4.1 Overview of the Goal of Truth 5.4.2 Perceptions of the National Reconciliation Commission’s Impact on the Establishment of Truth 5.4.2.1 Quantitative Findings 5.4.2.2 Qualitative Findings 5.4.3 Discussion 5.5 The Impact of the National Reconciliation Commission on Justice 5.5.1 The National Reconciliation Commission and the Pursuit of Victims’ Rights to Remedies 5.5.1.1 Perceptions of the Commission’s Impact on the Right of Victims to Remedies: Quantitative Findings 5.5.1.2 Perceptions of the National Reconciliation Commission’s Impact on the Right of Victims to Remedies: Qualitative Findings 5.5.1.3 Discussion 5.5.2 Preventing the Recurrence of Human Rights Violations 5.5.2.1 Perceptions of the National Reconciliation Commission’s Impact on Preventing the Recurrence of Human Rights Violations: Quantitative Findings 5.5.2.2 Perceptions of the NRC’s Impact on Preventing the Recurrence of Human Rights Violations: Qualitative Findings 5.5.2.3 Discussion 5.5.3 Summary 5.6 The Impact of the Commission on National Reconciliation 5.6.1 Perceptions of the Commission’s Impact on National Reconciliation 5.6.1.1 Quantitative Findings 5.6.1.2 Qualitative Findings 5.6.2 Discussion 5.7 The Impact of the National Reconciliation Commission on Peace 5.7.1 Perceptions of the National Reconciliation Commission’s Impact on Peace 5.7.1.1 Quantitative Findings 5.7.1.2 Qualitative Findings 5.7.2 Discussion 5.8 Chapter Summary References 6 After the National Reconciliation Commission: The Way Ahead Abstract 6.1 Introductory Remarks 6.2 Issues Related to the Duty to Prosecute 6.2.1 The Scope of the Duty to Prosecute 6.2.2 Discussion 6.2.2.1 Does Ghana Have a Duty to Prosecute Past Human Rights Violations? 6.3 Issues Related to the Amnesty Provisions in the 1992 Constitution 6.3.1 The Legality of Amnesties under International Law 6.3.2 Ghana’s Amnesty Law Under International Law 6.4 Issues Related to the Right to Reparations 6.4.1 The Scope of the Right to Reparations 6.4.2 Has Ghana Fulfilled Victims’ Rights to Reparations? 6.5 Institutional Reforms 6.5.1 The Basis and Scope of Institutional Reform 6.5.2 Gaps in Institutional Reform 6.6 Chapter Summary References 7 Conclusion 7.1 Research Summary and Findings 7.2 Recommendations 7.3 Final Thoughts References Appendix A Qualitative Survey Questions Appendix B Quantitative Survey Questions Appendix C Demographic Details of Respondents Index This book situates Ghana's truth-telling process, which took place from 2002 to 2004, within the discourse on the effectiveness of the different mechanisms used by post-conflict and post-dictatorship societies to address gross human rights violations. The National Reconciliation Commission was the most comprehensive transitional justice mechanism employed during Ghana's transitional process in addition to amnesties, reparations and minimal institutional reforms. Due to a blanket amnesty that derailed all prospects of resorting to judicial mechanisms to address gross human rights violations, the commission was established as an alternative to prosecutions. Against this background, the author undertakes a holistic assessment of the National Reconciliation Commission's features, mandate, procedure and aftermath to ascertain the loopholes in Ghana's transitional process. She defines criteria for the assessment, which can be utilised with some modifications to assess the impact of other transitional justice mechanisms. Furthermore, she also reflects on the options and possible setbacks for future attempts to address the gaps in the mechanisms utilised. With a detailed account of the human rights violations perpetrated in Ghana from 1957 to 1993, this volume of the International Criminal Justice Series provides a useful insight into the factors that shape the outcomes of transitional justice processes. Given its combination of normative, comparative and empirical approaches, the book will be useful to academics, students, practitioners and policy makers by fostering their understanding of the implications of the different features of truth commissions, the methods for assessing transitional justice mechanisms, and the different factors to consider when designing mechanisms to address gross human rights violations in the aftermath of a conflict or dictatorship. Marian Yankson-Mensah is a Researcher and Project Officer at the International Nuremberg Principles Academy in Nuremberg, Germany. This book situates Ghana's truth-telling process, which took place from 2002 to 2004, within the discourse on the effectiveness of the different mechanisms used by post-conflict and post-dictatorship societies to address gross human rights violations. The National Reconciliation Commission was the most comprehensive transitional justice mechanism employed during Ghana's transitional process in addition to amnesties, reparations and minimal institutional reforms. Due to a blanket amnesty that derailed all prospects of resorting to judicial mechanisms to address gross human rights violations, the commission was established as an alternative to prosecutions. Against this background, the author undertakes a holistic assessment of the National Reconciliation Commission's features, mandate, procedure and aftermath to ascertain the loopholes in Ghana's transitional process. She defines criteria for the assessment, which can be utilised with some modifications to assess the impact of other transitional justice mechanisms. Furthermore, she also reflects on the options and possible setbacks for future attempts to address the gaps in the mechanisms utilised. With a detailed account of the human rights violations perpetrated in Ghana from 1957 to 1993, this volume of the International Criminal Justice Series provides a useful insight into the factors that shape the outcomes of transitional justice processes. Given its combination of normative, comparative and empirical approaches, the book will be useful to academics, students, practitioners and policy makers by fostering their understanding of the implications of the different features of truth commissions, the methods for assessing transitional justice mechanisms, and the different factors to consider when designing mechanisms to address gross human rights violations in the aftermath of a conflict or dictatorship. Marian Yankson-Mensah is a Researcher and Project Officer at the International Nuremberg Principles Academy in Nu remberg, Germany This book situates Ghana's truth-telling process, which took place from 2002 to 2004, within the discourse on the effectiveness of the different mechanisms used by post-conflict and post-dictatorship societies to address gross human rights violations. The National Reconciliation Commission was the most comprehensive transitional justice mechanism employed during Ghana's transitional process in addition to amnesties, reparations and minimal institutional reforms. Due to a blanket amnesty that derailed all prospects of resorting to judicial mechanisms to address gross human rights violations, the commission was established as an alternative to prosecutions.00Against this background, the author undertakes a holistic assessment of the National Reconciliation Commission's features, mandate, procedure and aftermath to ascertain the loopholes in Ghana's transitional process. She defines criteria for the assessment, which can be utilised with some modifications to assess the impact of other transitional justice mechanisms. Furthermore, she also reflects on the options and possible setbacks for future attempts to address the gaps in the mechanisms utilised.00With a detailed account of the human rights violations perpetrated in Ghana from 1957 to 1993, this volume of the International Criminal Justice Series provides a useful insight into the factors that shape the outcomes of transitional justice processes