Ghana- 1st- Children’s rights

CHAPTER 3: BUSINESS AND HUMAN RIGHTS SITUATIONAL

ANALYSIS

3.1 Ghana’s Obligation to Protect Human Rights under Regulatory Regimes

3.1.1 Extractives Sector

Some of the issues identified within the sector are presented in the table below:

[…] Use of children in mining operations.

3.2.2 Agriculture Sector

[…] Some issues identified in this sector are summarized in the table below:

  • Worst forms of child labour

3.2.3. Blue Economy

[…]the sector is beset with climate change

and some human rights abuses which include:

  • Child and forced labour

3.2.7 Information and Communication Technologies

[…]However, security on the internet has become a growing concern with some

noteworthy abuses such as:

  • […] Child pornography

3.3 Cross-Cutting Issues

3.3.1 Children’s Rights

The 1992 Constitution and the Children’s Act provide for special protection of children and young persons against exposure to physical and moral hazards. It is the right of every child to be safeguarded from abuse, neglect and exploitation. The law frowns on engaging children in activities that constitute a threat to their health, education and development. The State has a duty to protect every child from hazardous and exploitative labour by ensuring that the best interest of the child is preserved at all times. Additionally, the State must be mindful of the rights of children with disabilities and make efforts to ensure conducive environment for children and their caregivers.

Meanwhile, children suffer human rights abuses such as:

  • Sexual exploitation
  • Worst forms of child and forced labour especially in agriculture, fishing and mining sectors
  • Sale and trafficking of children
  • Debt bondage
  • Exposure to dangerous tools, chemicals and harmful substances
  • Cyber security issues
  • Age-inappropriate behaviours in the business sector that undermine the children’s rights
  • Online protection
  • Degradation of the environment

3.3.2 Youth

Ghana’s population is dominated by its youth who are within the age brackets of fifteen (15) to thirty-five (35) years. According to the 2021 Population and Housing Census, the young people increased from 34.6 percent in 2000 to 38.2 percent in 2021.

The youth are an important part of any country’s economic development. They are the future workforce and have the potential to drive innovation and productivity. Numerous studies have shown that investing in youth leads to higher economic growth.39 The youth in Ghana are the backbone for sustainable development and growth. GSS projected the youthful population to increase from the current 14.12 million to 15.85 in 2030.40

About three-quarters of the employed population (15 years and older) are engaged in skilled agricultural, forestry and fishery (32.0%), services and sales (26.5%) and craft and related trades (16.1%).41

Creating opportunities for the youth to obtain dignified gainful employment and livelihood must be the priority of Ghana. However, the youth are confronted with some challenges relating to human rights, namely:

  • Lack of employment opportunities
  • Exploitative labour
  • Hazardous working conditions
  • Sexual abuse, exploitation and harassment
  • Online insecurity
  • Exposure to toxic work environment leading to abuses
  • Unequal treatment of the genders

CHAPTER: 4 STRATEGIES AND INTERVENTIONS

4.1 Strategies to achieve Key Objectives of the Three Pillars

4.1.1 Pillar 1: The State’s Duty to Protect Human Rights

Strategy: 1.4 Enforce businesses’ compliance with Human Rights laws and mechanisms in the business

Activities: Organise sensitization programs to promote and encourage compliance with child rights and business principles

  • Time frame: 2025-2029
  • Implementing lead agencies: CHRAJ
  • Implementing collaborating agencies: MoGCSP, NDPC, DPs, GNCRC

Activities: Intensify the enforcement of the Cyber Security Act, 2020 (Act 1038) and the implementation of the National Child Protection Framework to ensure the protection of children from Online Child Sexual Exploitation and Abuse (OCSEA)

  • Time frame: 2025-2029
  • Implementing lead agencies: MoCD, CSA
  • Implementing collaborating agencies: MoGCSP, JS, GCT, GPS, GES, CSOs

Activities: Ratify the Optional Protocol to the CRC on the Sale of Children, Child Prostitution and Child Pornography

  • Time frame: 2025
  • Implementing lead agencies: OAG&MOJ, MoGCSP
  • Implementing collaborating agencies: MoFARI, CHRAJ, Parliament, Cabinet

Strategy 1.5 Enact new legislations and strengthen the implementation of the existing laws on the protection of vulnerable groups

Activities: Review policies on businesses to curtail child labour in the mining, fishing, and farming areas.

  • Time frame: 2025-2029
  • Implementing lead agencies: MLER, MoGCSP
  • Implementing collaborating agencies: MOFA, MinCom

Activities: Facilitate the review and passage of the Childrens Bill to reflect BHR

  • Time frame: 2025-2026
  • Implementing lead agencies: MoGCSP, OAG&MOJ
  • Implementing collaborating agencies: MELR, OAG&MOJ, Parliament, Employers Association, Trade Unions, CSOs, CHRAJ, DPs

Activities: Review of the Juvenile Justice Act, 2003 (Act 653)

  • Time frame: 2025-2026
  • Implementing lead agencies: MoGCSP, CHRAJ, CSOs
  • Implementing collaborating agencies: Department of Children, MELR, OAG&MOJ, Parliament, Social Partners, DPs

Strategy 1.6 Mainstream BHR into the educational system

Activities: Facilitate the incorporation of BHR into educational curriculum from the Basic Education Level through to Senior High School Level.

  • Time frame: 2025-2027
  • Implementing lead agencies: MOE
  • Implementing collaborating agencies: CHRAJ, GES, NaCCA, MoF, NCCE, CHASS, DPs

Activities: Build capacity of teachers on BHR principles and standards

  • Time frame: 2025-2029
  • Implementing lead agencies: MOE, GES, CHRAJ
  • Implementing collaborating agencies: CHASS, Heads of Private School Associations

Activities: Sensitize school proprietors/head teachers to BHR principles and standards.

  • Time frame: 2025-2029
  • Implementing lead agencies: CHRAJ
  • Implementing collaborating agencies: MOE/GES/NCCE, CHASS, Heads of Private School Associations

Strategy 1.8 Strengthen the legal, policy, regulatory and institutional framework for the protection of environmental rights

Activities: Mainstream climate change policy into sector plans with focus on children, women, youth, local and marginalized communities.

  • Time frame: 2025-2029
  • Implementing lead agencies: NDPC, MESTI
  • Implementing collaborating agencies: MDAs, MMDAs, DPs