Ghana- 1st- Workers’ rights
CHAPTER: 3 BUSINESS AND HUMAN RIGHTS SITUATIONAL ANALYSIS
3.3 Cross-Cutting Issues
3.3.3 Labour and Employment Rights
The 1992 Constitution, ILO conventions and other labour laws of Ghana have several provisions which promote and protect labour rights and equal pay for equal work without distinction of any kind. Freedom of association is guaranteed, giving right to workers to form or join a trade union of their choice in furtherance of their economic and social interests. Despite the above, some labour rights abuses are prevalent within the business space as listed in the table below:
- Prevention of unionization of workers
- Payment of wages below the national daily minimum wage
- Absence of social dialogue in the private sector especially at the enterprise level, unfair terminations of employment, difficulty in embarking on legal strike
- Non-payment of social security contributions by some employers
- Denial of workers’ rights to annual and maternity leave
- Non-implementation/non-compliance of collective agreements and agreed conditions of service
- Exploitative contracts of employment
- Challenges in reporting abuses due to victimization
- Unpaid maternity leave; worst forms of child labour; uncompensated overtimeher
- Discrimination, sexual harassment, violence and harassment at the workplace
CHAPTER: 4 STRATEGES 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: 1.1 Enhance Ghana’s commitments towards international obligations
Activities: Adopt and ratify ILO Conventions
- Implementing lead agencies: OAG&MoJ,MoFARI
- Implementing collaborating agencies: Cabinet, Parliament, MDAs
Activities: Periodic reporting on international human rights instruments, mechanisms and ILO Conventions
- Implementing lead agencies: OAG&MoJ, NDPC, MoFARI
- Implementing collaborating agencies: MDAs, CHRAJ, CSOs, GIPC
Strategy: 1.4 Enforce businesses’ compliance with Human Rights laws and mechanisms in the business
Activities: Enforce compliance by business with regard to payment of minimum wage and employees’ SSNIT contributions
- Time frame: 2025-2029
- Implementing lead agencies: SSNIT, NPRA
- Implementing collaborating agencies: SSNIT, AGI, GEA, PEF, National Labour Commission, Trade Unions, MELR, MoF, NLC
Strategy 1.5 Enact new legislations and strengthen the implementation of the existing laws on the protection of vulnerable groups
Activities: Review the Domestic Violence Act, 2007 (Act 732) to provide protection for domestic workers
- Time frame: 2025-2026
- Implementing lead agencies: MoGCSP, OAG&MOJ
- Implementing collaborating agencies: Parliament, Employers Association, Trade Unions, CSOs, CHRAJ, DOVVSU, DPs
Activities: Organize capacity building, public education, and sensitization programmes on the implementation of legislations on the protection of vulnerable groups in business and workplace settings
- Time frame: 2025-2026
- Implementing lead agencies: MoGCSP, CHRAJ, OAG&MOJ
- Implementing collaborating agencies: NCCE, ISD, MELR, MoI, Employers Association, Trade Unions, CSOs, NCPD, GFD, DPs
Activities: Develop guidelines for the protection and promotion of caregivers’ rights at the workplace.
- Time frame: 2025-2026
- Implementing lead agencies: MoGCSP
- Implementing collaborating agencies: CHRAJ, MDAs, MMDAs, DPs
Activities: Sensitize employers and trade unions to caregivers’ rights at the workplace
- Time frame: 2025-2026
- Implementing lead agencies: MoGCSP
- Implementing collaborating agencies: CHRAJ, MELR, MoH, OAG&MOJ, DPs
Activities: Enforce the implementation of guidelines on caregivers’ rights at the workplace
- Time frame: 2025-2026
- Implementing lead agencies: MoGCSP
- Implementing collaborating agencies: CHRAJ, MELR, MoH, OAG&MOJ, DPs
Strategy 1.7 Strengthen the policy, regulatory and institutional framework for the promotion and protection of labour rights
Activities: Review existing laws to protect labour rights
- Time frame: 2025-2027
- Implementing lead agencies: MELR, OAG&MOJ
- Implementing collaborating agencies: MoGCSP, MDAs, MMDAs, Parliament, Labour Department, PPA, GAC, Trade Unions
Activities: Organize capacity building, public education and sensitization programmes on promotion and protection of labour rights including OSH, employment of PWDs, zero tolerance for sexual harassment, non- discrimination against HIV/AIDS victims, etc.
- Time frame: 2025-2027
- Implementing lead agencies: MELR, CHRAJ, OAG&MOJ
- Implementing collaborating agencies: MoGCSP, MDAs, MMDAs, Parliament, Labour Department, NMC
Strategy 1.11 Integrate BHR standards/ principles into the operations of business enterprises
Activities: Advocate for the enforcement of freedom of expression under the constitution
- Time frame: 2025-2029
- Implementing lead agencies: MoI
- Implementing collaborating agencies: Traditional Authorities, CSOs, CHRAJ, NCCE, NMC, GJA, Religious leaders
Strategy: 1.13 Create enabling environment that respects the rights to form associations and join trade unions
Activities: Review the Labour Act to strengthen the guaranteed right of workers to join Trade Unions
- Time frame: 2025-2029
- Implementing lead agencies: MELR, MoTI, TUC
- Implementing collaborating agencies: NLC, GFZA, GIPC, GAB
Activities: Develop and implement a roadmap/guideline for both public and private sector workers to form associations and freely join trade unions
- Implementing lead agencies: MELR, MoTI
- Implementing collaborating agencies: NLC, GFZA, GIPC, TUC, GAB
Strategy 1.14 Strengthen human rights laws and regulations to increase Human Rights protection in business activities (both internal and external)
Activities: Organize workshops to sensitize and educate on compliance by businesses with the provisions in the Labour Law
- Time frame: 2025-2029
- Implementing lead agencies: CHRAJ, MELR
- Implementing collaborating agencies: GMWU, GAWU, PEF, Trade Unions
Strategy: 1.20 Strengthen capacity of businesses on BHR compliance
Activities: Organize capacity building workshops on the NAP-BHR
- Time frame: 2025-2026
- Implementing lead agencies: MSD, CHRAJ
- Implementing collaborating agencies: GIPC, ORC, GFZA, Employers’ Association
4.1.2 Pillar 2: The Corporate Responsibility to Respect Human Rights
Strategy: 2.1 Strengthen periodic implementation and reporting mechanisms on business and human rights
Activities: Sensitize Workers on their rights and grievance-redress mechanisms
- Time frame: 2025-2029
- Implementing lead agencies: Employers’ Associations, GEA
- Implementing collaborating agencies: MDAs, MMDAs, CSOs, PEF, AGI, CHRAJ, Trade Unions
Strategy: 2.2 Enhance public knowledge and awareness among institutions and rights-holders on the impact of business on human rights
Activities: Sensitize rights-holders and employees to legal regulatory and policy framework on business and human rights.
- Implementing lead agencies: CHRAJ, MELR, MoGCSP
- Implementing collaborating agencies: OAG&MOJ, MDAs, MMDAs GEA, PEF, AGI, other Business Enterprises, CSOs, TUC, National Labour Commission
Activities: Organize orientation for trade unions on the protection and fulfillment of their human rights.
- Time frame: 2025-2029
- Implementing lead agencies: CHRAJ
- Implementing collaborating agencies: MELR, GEA, PEF, AGI, TUC, CSOs, LAC, MDAs, MMDAs, OAG&MOJ
4.1.3 Pillar 3: Access to Effective Remedy
Key Objective 3: To empower rights-holders to assert their human rights within the business environment
Strategy: 3.1 Enhance public knowledge and awareness among institutions and rights-holders on the impact of business on human rights obligations
Activities: Sensitize rights-holders and employees to legal regulatory and policy frameworks on business and human rights.
- Time frame: 2025-2029
- Implementing lead agencies: CHRAJ, MELR, MoGCSP
- Implementing collaborating agencies: OAG&MOJ, MDAs, MMDAs GEA, PEF, AGI, other Business Enterprises, CSOs, TUC, National Labour Commission
Activities: Organize orientation for trade unions on the protection and fulfilment of human rights.
- Time frame: 2025-2029
- Implementing lead agencies: CHRAJ
- Implementing collaborating agencies: MELR, GEA, PEF, AGI, TUC, CSOs, LAC, MDAs, MMDAs, OAG&MOJ
Strategy: 3.2 Strengthen capacity of rights-holders, employees, communities, in asserting their human rights
Activities: Organize capacity building programmes for rights-holders on BHR
- Time frame: 2025-2029
- Implementing lead agencies: CHRAJ, MELR, MoGCSP
- Implementing collaborating agencies: OAG&MoJ, MDAs, MMDAs, Organized Labour, Employers’ Associations, CSOs
Activities: Sensitize rights-holders and employees to labour and social protection laws
- Time frame: 2025-2029
- Implementing lead agencies: CHRAJ
- Implementing collaborating agencies: MELR, Organized Labour, Employers’ Associations, CSOs
Activities: Organize orientation sessions for employees and labour unions on the protection and fulfilment of human rights by corporate entities
- Time frame: 2025-2029
- Implementing lead agencies: CHRAJ, NCCE
- Implementing collaborating agencies: MDAs, MMDAs, Organized Labour, Employers’ Associations, CSOs
Activities: Organize town hall meetings for communities and individuals aimed at empowering them on the protection and fulfilment of human rights by corporate entities
- Time frame: 2025-2029
- Implementing lead agencies: CHRAJ/LAC
- Implementing collaborating agencies: MDAs, MMDAs, Organized Labour, Employers’ Associations, CSOs, Traditional Authorities
