Ghana
Ghana’s first National Action Plan on Business and Human Rights (2025 – 2029) was launched on 14 July 2025.
Available NAPs
Ghana: 1st NAP (2025 - 2029)
Status
Ghana’s first National Action Plan on Business and Human Rights (2025 – 2029) was launched on 14 July 2025.
Process
The process of developing Ghana’s National Action Plan on Business and Human Rights (herein referred to as NAP) began in 2019 with a National Baseline Assessment (NBA) on the business and human rights (BHR) situation in Ghana. In July 2022, the NBA was launched, and the government established a Multi-Sectoral Steering Committee (MNSC) to lead the development of the NAP. The committee was established to be co-led by the Office of the Attorney-General and the Ministry of Justice (OAG&MOJ), together with the Commission on Human Rights and Administrative Justice (CHRAJ).
The MNSC comprised eighteen (18) representatives from the following institutions: the OAG & MOJ, CHRAJ, Ministry of Finance (MoF), Ministry of Employment and Labour Relations (MELR), Ministry of Gender, Children and Social Protection (MoGCSP), Ministry of Trade and Industry (MoTI) Ministry of Foreign Affairs and Regional Integration (MoFARI), National Development Planning Commission (NDPC), Environmental Protection Agency (EPA), Minerals Commission (MinCom), Ghana Institute of Management and Public Administration (GIMPA), Trade Union Congress (TUC), Association of Ghana Industries (AGI), Private Enterprise Federation (PEF), Oxfam, and Friedrich-Ebert -Stiftung (FES).
The Ghana Institute of Management and Public Administration (GIMPA), with technical and financial support from the DIHR, undertook an NBA which was launched by the Attorney General and Minister of Justice, Hon Godfred Yeboah Dame, on 4 July 2022. It is reported that at the launch, the Attorney General and Ministry of Justice “charged the Steering Committee Members to come out with an action plan within 3 months to help protect human rights and businesses in Ghana.”
On 7-9 August 2022, CHRAJ and UNDP Ghana held a training workshop for the NAP Steering Committee.
DAY 2- Training Workshop for the Steering Committee to Develop a National Action Plan on Business and Human Rights in Ghana.
Ongoing Program -Business and Human Rights#humanrights #accountability #Trending pic.twitter.com/NVi85mThRF
— CHRAJGHANA ⚖️ (@CHRAJGHANA) August 9, 2022
On 28 November 2022, at the 11th UN Forum on BHR, Ghana announced its commitment to launch a NAP by July 2023.
On 27 July 2023, the Offices of the Attorney General and the Ministry of Justice and CHRAJ organised a stakeholder consultative workshop on the development of a NAP in Ghana, focusing on women and persons with disability.
On 11 July 2025, Ghana became the fifth African country to adopt and publish a NAP on BHR. The NAP covers the time period of 2025-2029.
Stakeholder Participation
The NAP was created in collaboration between the Office of the Attorney-General and Ministry of Justice, along with CHRAJ. Other stakeholders include government ministries, businesses, civil society, and communities across Ghana. A human rights-based approach was utilized for the development of the NAP, which involved stakeholder participation from the public and private sectors, Organized Labour and vulnerable and marginalised groups.
Consultative workshops were conducted across sixteen regions, getting input from 1,600 key stakeholders, including representatives from the government, businesses, CSOs, communities, individuals, academia, Ghana Bar Association, and the Judiciary. Additionally, a stakeholder consultative workshop was conducted for women, persons with disabilities, youth, trade unions, and Verité U.S. Department of Labour funded Forced Labour Indicators Project. A national stakeholder workshop was held at the end of the development phase to validate, finalise, and launch the NAP. Going forward, periodic participatory sessions will be convened with civil society, the private sector, government, and development partners to review the implementation progress. CHRAJ and the Monitoring Committee (MONICOM) will implement a structured dissemination strategy to ensure regional and district-level stakeholder engagement in the MEAL process and facilitate feedback exchange.
Transparency
The Ghanaian NBA was publicly launched by the Attorney General and Minister of Justice in an in-person event on 5 July 2022 and communicated through national news networks.
The NAP was published in both print and digital formats. To improve accessibility for individuals with visual impairments, the seven-chapter document was also produced in Braille.
Ghana has a dedicated governmental website on BHR at bhr.gov.gh, which provides information on BHR, details about the development of the NAP, and updates on upcoming events related to BHR in the country. ‘Business and Human Rights in Ghana’ shares updates via its Facebook and X accounts, including coverage of the NAP and the official launch livestream.
National Baseline Assessment (NBA)
- Published in July 2022 and available here.
- Developed as an independent initiative to support the development of an inaugural NAP. The state is utilising the NBA to inform the development of an inaugural NAP, which is under development as of February 2023. Funded by DIHR.
- Conducted by academics from the Ghana Institute of Management and Public Administration (GIMPA), in collaboration with CHRAJ, with support from the DIHR, and OXFAM.
- Utilised the DIHR/ ICAR NBA Template. Based on desktop research, and interviews with, and written feedback from, key stakeholders. Primary focus was given to stakeholders in the petroleum, telecommunications, mining and finance sectors. Contains recommendations.
The NBA focused on the petroleum, telecommunications, mining and finance sectors. It analyses Ghanaian law and international commitments in relation to UNGP standards in order to evaluate whether there are gaps in the UNGP’s implementation within the national legal framework. Furthermore, it looks at individual principles and assesses the degree of implementation within the Ghanaian context. The NBA has individual assessment chapters for principles 1-10, 26 and 27. It also takes into account secondary sources such as news reports and statements from interviewees and representatives in stakeholder roundtables.
Follow-up, monitoring, reporting and review
The Ghana NAP will be implemented over a five-year period, 2025-2029. A framework has been developed to guide implementation, reporting, monitoring, evaluation and the tracking of results. The implementation process will be coordinated by the BHR Unit at CHRAJ, and includes developing annual work plans and reporting templates aimed at building the capacity of businesses and providing guidance to implementing agencies. The implementing agencies are required to report bi-annually on the implementation progress to CHRAJ.
A High-Level Implementation Committee (HiLIC) will be responsible for prioritising interventions and providing strategic policy direction on the NAP. It will also serve as an advisory body to the implementing agencies and assist the monitoring committee in coordinating implementation. A NAP Online Reporting Dashboard will be created to allow IPs to submit data electronically. Hard copy report submissions will also be possible.
Following key activities will be conducted as part of the implementations phase:
- Baseline study
- Mid-term evaluation, after 2 years of project implementation
- End-of-project Evaluation within 3-6 months after project end
- Semi-annual learning events
- Annual survey
- Reporting and dissemination channels and responsibility
Stakeholders views and analysis on the NAP
UNICEF: What is Ghana’s NAP-BHR? Understanding Business and Human Rights for Children
Business & Human Rights Resource Centre: Ghana: Government launches the National Action Plan on Business and Human Rights to safeguard human rights in the business sector
Additional resources
External updates and commentary
- Ghana News Agency, ‘Ghana Launches National Action Plan on Business, Human Rights’, Ghana launches National Action Plan on Business, Human Rights | Ghana News Agency, 14 July 2025
- Ghana News, ‘Ghana Launches Action Plan On Business, HR’, Ghana Launches Action Plan On Business, HR – Ghanamma.com, 14 July 2025
- The BFT Online, ‘Gov’t unveils plan to address corporate human rights risks’, Gov’t unveils plan to address corporate human rights risks – The Business & Financial Times, 14 July 2025
- Africa Press, ‘Ghana Launches National Action Plan on Business Human Rights’, Ghana Launches National Action Plan on Business Human Rights – Ghana, 14 July 2025
- Modern Ghana, ‘Ghana unveils landmark national action plan on business and human rights’, Ghana unveils landmark national action plan on business and human rights – Modern Ghana, 14 July 2025
- The High Street Journal, ‘Ghana Unveils Landmark Business and Human Rights Action Plan to Align Economic Growth with Ethical Standards’, 13 July 2025
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 Children’ s 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
Conflict-affected areas
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
[…] In conflict-affected areas, States should engage businesses early to identify and mitigate risks of gross human rights abuses and deny public support to such businesses. By implementing these measures, States play a crucial role in ensuring that business enterprises operate in a manner that respects and upholds human rights.
Construction sector
The Ghana NAP does not make explicit reference to the construction sector.
Corporate law & corporate governance
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: 1.4 Enforce businesses’ compliance with Human Rights laws and mechanisms in the business
Activities: Amend existing laws and mechanisms to protect human rights.
- Time frame: 2025-2029
- Implementing lead agencies: OAG&MOJ, MoTI, CHRAJ
- Implementing collaborating agencies: Judiciary, Cabinet, Parliament, SIGA, ORC, MDAs
Strategy 1.23 Strengthen compliance and enforcement of BHR Principles by multinational organisations
Activities: Organize orientation for multinational organisations on compliance with BHR Principles
- Time frame: 2025-2026
- Implementing lead agencies: CHRAJ, MoFARI, GIPC, OAG&MOJ
- Implementing collaborating agencies: GSS, MDAs, MMDAs
Activities: Undertake periodic inspection of multinational organisations on their compliance with OHCHR Guiding Principles on BHR
- Time frame: 2025-2026
- Implementing lead agencies: CHRAJ, GIPC
- Implementing collaborating agencies: MoFARI, SIGA, MDAs, MMDAs
Activities: Publish ratings of corporate entities on compliance with BHR principles
- Time frame: 2025-2026
- Implementing lead agencies: CHRAJ, GIPC
- Implementing collaborating agencies: MoFARI, SIGA, MDAs, MMDAs, Media
Corruption
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 1.21 Strengthen implementation of National Anti-Corruption Action Plan (NACAP) to reduce bribery and corruption in all forms
Activities: Review NACAP to reflect NAP-BHR
- Time frame: 2025-2026
- Implementing lead agencies: CHRAJ
- Implementing collaborating agencies: GSS, MDAs, MMDAs
Activities: Conduct periodic surveys on the incidence of corruption
- Time frame: 2025-2026
- Implementing lead agencies: CHRAJ
- Implementing collaborating agencies: CHRAJ, NDPC, CS0s
Data protection & privacy
The Ghana NAP does not make explicit reference to data protection and privacy.
Development finance institutions
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: 1.4 Enforce businesses’ compliance with Human Rights laws and mechanisms in the business
Activities: Integrate the NAP-BHR into the preparation of guidelines for medium term development plans.
- Time frame: 2025-2029
- Implementing lead agencies: NDPC
- Implementing collaborating agencies: MLGDRD, MDAs, MMDAs, OHCS, OHLGS, PSC
Energy sector
The Ghana NAP does not make explicit reference to the energy sector.
Environment & climate change
CHAPTER: 3 BUSINESS AND HUMAN RIGHTS SITUATIONAL ANALYSIS
3.3.8 Environmental Management
The 1992 Constitution of Ghana enjoins the State to protect and safeguard the national environment.
Pursuant to this, the Environmental Protection Agency Act, 1994 (Act 490) mandates the Environmental Protection Agency (EPA) to protect and improve the environment in Ghana. The EPA is expected to ensure compliance with environmental protection regulations through the issuance of enforcement notices and the prosecution of offenders.
Businesses whose operations impact directly on the environment are required to conduct an Environmental Impact Assessment (EIA) prior to the issuance of an environmental permit. An EIA must consider the potential adverse impacts of the undertaking on land, air and water as well as social issues including livelihoods and health.
The Minerals and Mining Act, 2006 (Act 703) requires that applications for mineral rights and licenses be made public through advertising notices in the national gazette. The notices are expected to be brought to the attention of district assemblies, landowners or lawful occupiers, local authorities, trade councils and local information centres for at least 21 days47, during which period affected persons or communities can raise objections to the applications.
Persons whose land surface rights are affected by mineral operations are entitled to be compensated adequately and promptly.48 Where mining operations lead to displacement of communities or persons, they are entitled to be appropriately resettled in accordance with the Minerals and Mining (Compensation and Resettlement) Regulations, 2012 (L.I. 2175).
Despite these provisions, mining activities pose serious threats to the environment including:
- Pollution of water bodies
- Destruction of vegetation and loss of biodiversity Physical and Economic displacement of communities
- Improper disposal of hazardous chemicals and waste through pipes into drains and water bodies
- Environmental destruction by illegal mining (“Galamsey”) operations which creates
- health challenges Excessive noise pollution
- Proliferation of illegal, unreported, and unregulated fishing
- Unsafe transportation of explosive chemicals
- Improper disposal of hazardous chemicals and waste through pipes into drains and water bodies
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 1.8 Strengthen the legal, policy, regulatory and institutional framework for the protection of environmental rights
Activities: Review laws on the promotion of environmental rights and the protection of land, water bodies, and forest
- Time frame: 2025-2029
- Implementing lead agencies: MESTI
- Implementing collaborating agencies: MDAs, MMnDAs, Parliament, EPA, CHRAJ, OAG&MOJ, MLNR, MSWR, CSOs
Activities: Organize capacity building, public education and sensitization programmes on the protection of environmental rights
- Time frame: 2025-2029
- Implementing lead agencies: MESTI
- Implementing collaborating agencies: CHRAJ, NCCE, MOI, MCRA, MoE, CSOs
Activities: Organize capacity building training workshops on climate change related planning and management
- Time frame: 2025-2029
- Implementing lead agencies: NDPC, EPA
- Implementing collaborating agencies: MDAs, MMDAs
Activities: Sensitize communities to climate resilience and build adaptive capacity against climate related hazards and natural disasters
- Time frame: 2025-2029
- Implementing lead agencies: NADMO, EPA
- Implementing collaborating agencies: MDAs, MMDAs, CSOs
Strategy 1.9 Strengthen legislation, and institutional framework for the environment and climate change
Activities: Review laws on the promotion of environmental rights and the protection of land, water bodies, and forest
- Time frame: 2025-2027
- Implementing lead agencies: MESTI, OAG&MOJ
- Implementing collaborating agencies: MLNR, EPA, Forestry Commission[EF1] [AB2]
Activities: Organize capacity building, public education and sensitization programmes on the protection of environmental rights
- Time frame: 2025-2029
- Implementing lead agencies: MESTI, CHRAJ
- Implementing collaborating agencies: NCCE, EPA, MMDAs
Activities: Build capacity of enforcement agencies on environmental rights protection
- Time frame: 2025-2029
- Implementing lead agencies: MESTI, CHRAJ
- Implementing collaborating agencies: MLNR, EPA
Strategy 1.10 Strengthen the capacity of environmental rights protection oversight institutions on BHR
Activities: Build the capacity of law enforcement agencies on environmental rights protection
- Time frame: 2025-2029
- Implementing lead agencies: MESTI, EPA, CHRAJ
- Implementing collaborating agencies: OAG&MOJ, MLNR, Forestry Commission, MMDAs MOF, Relevant Security Agencies, CSOs
Activities: Organize public education and sensitization programmes on environmental rights protection
- Time frame: 2025-2029
- Implementing lead agencies: MESTI, EPA
- Implementing collaborating agencies: CHRAJ, OAG&MOJ,MLNR, Forestry Commission, MMDAs, CSOs
Equality & non-discrimination
4.1.2 Pillar 2: The Corporate Responsibility to Respect Human Rights
Strategy 1.5 Enact new legislations and strengthen the implementation of the existing laws on the protection of vulnerable groups
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
Strategy 1.7 Strengthen the policy, regulatory and institutional framework for the promotion and protection of labour rights
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: 2.2 Enhance public knowledge and awareness among institutions and rights-holders on the impact of business on human rights
Activities: Organize nationwide fora to educate the public on business and human rights.
- Time frame: 2025-2029
- Implementing lead agencies: CHRAJ. NCCE
- Implementing collaborating agencies: OAG&MOJ, NMC, CSOs, Media, ISO, CBOs, FBOs
Activities: Organize town hall and community durbars on the protection and fulfillment of human rights in business.
- Time frame: 2025-2029
- Implementing lead agencies: CHRAJ. NCCE
- Implementing collaborating agencies: MDAs, MMDAs, GEA, PEF, AGI, TUC, CSOs, Traditional Authorities, JS
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: Organize nationwide fora to educate the public on business and human rights.
- Time frame: 2025-2029
- Implementing lead agencies: CHRAJ, NCCE
- Implementing collaborating agencies: OAG&MOJ, NMC, CSOs, Media, ISO, CBOs, FBOs
Activities: Organize town hall and community durbars on the protection and fulfilment of human rights in business.
- Time frame: 2025-2029
- Implementing lead agencies: CHRAJ, NCCE
- Implementing collaborating agencies: MDAs, MMDAs, GEA, PEF, AGI, TUC, CSOs, Traditional Authorities, JS
Export credit
The Ghana NAP does not make explicit reference to export credit.
Extractives sector
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
Within the extractive sector, there are diverse natural resources: gold, oil and gas, bauxite, manganese, and diamond. These natural and mineral resources attract considerable foreign investments and serve as sources of employment.
The sector recorded some human rights abuses and violations which often pose adverse impacts on those working in that sector and surrounding communities.
Some of the issues identified within the sector are presented in the table below:
- Illegal mining (Galamsey)
- Cumbersome compensation and resettlement procedures
- Use of children in mining operations
- High cost of seeking redress
- Compulsory acquisition of land by government without prompt adequate compensation
- Insufficient consultation and non-participatory consultative decision-making with indigenes before relocation of communities
- Improper decommissioning of mining pits/shafts
In relation to remedial measures, the gaps identified were expensive litigation processes and institutional bottlenecks relative to internal administrative processes.
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 1.5 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
1.17 Strengthen regulations on local content in the oil and gas sector and other sectors to be BHR-responsive
Activities: Review and integrate BHR principles into local content regulations
- Time frame: 2025-2029
- Implementing lead agencies: MoEN, OAG&MoJ
- Implementing collaborating agencies: MoF, CHRAJ, GNPC, Petroleum Commission, Trade Unions, GEA, PIAC, CSOs, Employers’ Associations
Activities: Review and integrate BHR principles into local content regulations
- Time frame: 2025-2029
- Implementing lead agencies: MoEN, OAG&MoJ
- Implementing collaborating agencies: CHRAJ, GNPC, Petroleum Commission, Trade Unions, GEA, CSOs, Forestry Commission, MLNR, MMDAs, MoF
Strategy 1.18: Strengthen oil and gas local content regulations to reflect BHR principles
Activities: Review and integrate BHR principles into local content regulations
- Implementing lead agencies: MoEN, OAG&MoJ
- Implementing collaborating agencies: MoF, CHRAJ, GNPC, Petroleum Commission, organized labour and Employers’ Associations, CSOs, relevant stakeholders, PIAC
Activities: Organize capacity building, and sensitization programmes on local content regulations
- Implementing lead agencies: MoEN, OAG&MoJ
- Implementing collaborating agencies: MoF, CHRAJ, GNPC, Petroleum Commission, organized labour and Employers’ Associations, CSOs, relevant stakeholders, PIAC
Strategy: 1.20 Strengthen capacity of businesses on BHR compliance
Activities: Institute mechanisms to ensure businesses obtain Free, Prior and Informed Consent (FPIC) from communities in the allocation of mining concessions.
- Time frame: 2025-2026
- Implementing lead agencies: MinCom
- Implementing collaborating agencies: MOTi, ORC, GFZA, Traditional Authorities, MDAs, EPA, Lands Commission, MMDAs, CHRAJ
Extraterritorial jurisdiction
The Ghana NAP does not make explicit reference to extraterritorial jurisdiction.
Finance & banking sector
CHAPTER: 3 BUSINESS AND HUMAN RIGHTS SITUATIONAL ANALYSIS
3.1 Ghana’s Obligation to Protect Human Rights under Regulatory Regimes
3.2.6 Financial and Banking Sector
Ghana’s financial and banking sectors are key components of its large services sector. The human rights infractions faced by these sectors include:
- Prevention of workers from joining labour unions;
- Weak monitoring roles of the sector by the regulator (Bank of Ghana) leading to consumer rights abuses;
- Exploitation of hired contract staff from agencies as a means to gain cheap labour;
- Use of temporary staff on a permanent basis as a cost saving measure;
- Inadequate provision of infrastructure for PWDs who access banking services; and
- Sexual harassment.
Fisheries and aquaculture sectors
CHAPTER 3: BUSINESS AND HUMAN RIGHTS SITUATIONAL ANALYSIS
3.1 Ghana’s Obligation to Protect Human Rights under Regulatory Regimes
3.2.3. Blue Economy
Ghana’s blue economy, which consists of the marine and inland aquatic resources (e.g. Atlantic Ocean, Volta and Bosomtwe Lakes), provides huge opportunities for fishing, aquaculture, shipping, offshore oils and gas and coastal tourism. Despite the shipping industry generating a lot of income for the country with the fishing industry playing a major role in sustainable livelihood, the sector is beset with climate change and some human rights abuses which include:
- Harsh working conditions leading to sometimes fatal accidents
- Child and forced labour
- Sexual exploitation
- Gender-based violence
- Poor working conditions
- Sexual harassment
- Job insecurity
- Non-compliance and weak enforcement of noise level standards Illegal fishing methods in the exclusive economic zone e.g., using wrong net sizes; pair trawling; use of chemicals and explosives
- Non-compliance with health and safety protocols
- Unsanitary and precarious working conditions for crew members
- Limited access to medical care
- Lack of access to clean water, and inadequate food.
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: 1.2 Strengthen institutional and management practices of Blue Economy/Ocean obligations
Activities: Review and harmonize existing laws relative to the blue economy to mainstream business and human rights
- Time frame: 2025-2029
- Implementing lead agencies: MESTI, MoT MoFAD
- Implementing collaborating agencies: MDA, GMA
Activities: Develop a comprehensive policy on blue economy to incorporate business and human rights
- Time frame: 2025
- Implementing lead agencies: MESTI, MoT, MoFAD
- Implementing collaborating agencies: NDPC, EPA, Fisheries Commission
Activities: Develop guidelines to mainstream business and human rights into sector plans
- Time frame: 2025-2029
- Implementing lead agencies: NDPC
- Implementing collaborating agencies: MDAs, MMDAs, Oo (SDG Advisory Unit, M&E, Secetariat)
Activities: Establish multi-sectoral coordination platform for blue economy
- Time frame: 2025
- Implementing lead agencies: MESTI
- Implementing collaborating agencies: NDPC, MELR, Oop, MoFAD, MoT
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
Forced labour & modern slavery
The Ghana NAP does not make explicit reference to forced labour and modern slavery.
Freedom of association
CHAPTER: 4 STRATEGIES AND INTERVENTIONS
4.1 Strategies to achieve Key Objectives of the Three Pillars
Strategy: 1.12 Create enabling environment that respects people1s Constitutional rights to peaceful assembly and to take part in processions
Activities: Create awareness on the rights of citizens to peaceful assembly to advance their concerns on respect for HR by businesses
- Time frame: 2025-2029
- Implementing lead agencies: CHRAJ, NCCE, CSOs
- Implementing collaborating agencies: GPS, MINTER, OAG&MOJ, TUC
Activities: Engage the security services to protect the rights of citizens to peaceful assembly and processions as a way of raising concerns about HR and violations by businesses.
- Time frame: 2025-2029
- Implementing lead agencies: CHRAJ, NCCE, CSOs
- Implementing collaborating agencies: GPS, MINTER, OAG&MOJ, TUC
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
Garment, Textile and Footwear Sector
CHAPTER 3: BUSINESS AND HUMAN RIGHTS SITUATIONAL ANALYSIS
3.1 Ghana’s Obligation to Protect Human Rights under Regulatory Regimes
3.2.5 Manufacturing Sector
The manufacturing sector in Ghana remains one of the viable sectors that promotes economic growth and job creation. The sector contributes to broadening the country’s production and export base, thereby increasing its revenue. In as much as the sector promotes vibrant economic growth in Ghana, it is faced with human rights abuses emanating from its operations. The human rights issues identified are non-compliance with health and safety protocols; non-compliance with required hours of work by employers; non-compliance with required rest periods by employers and non-alignment of working conditions to labour regulations, improper labelling of products, and inadequate product information.
Gender & women’s rights
CHAPTER: 3 BUSINESS AND HUMAN RIGHTS SITUATIONAL ANALYSIS
3.3.5 Gender and Workplace Discrimination
Over the years, there have been several interventions to enhance gender mainstreaming, equality and equity in Ghana. About 51 percent of the population of Ghana are women, and they constitute approximately 50 percent of the labour force with majority in the informal sector.
Meanwhile, World Bank data (2023), indicate that 65.3 percent of women are in the labour force as compared to 72.4 percent of men. Moreover, statistics around women representation in the governing bodies of major companies constitute 27%.
Women in the labour force face a lot of challenges relative to human rights such as:
- Sexual demands for employment
- Threats of abuse and physical violence
- Gender wage/pay gaps; sexual and gender-based violence Inadequate maternity leave; maternity leave without pay
- Sexual exploitation, abuse and harassment, especially at the workplace and at the country’s borders
- Gender inequality at the workplace
- Lack of consultation of women in the execution of programmes and projects
- Lack of gender-responsive policies
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: 1.3 Enhance institutional capacity and policy framework on compulsory acquisition of land to uphold human rights.
Activities: Draft L.I to operationalize the new Lands Act to incorporate women’s rights including compensation and resettlement in compulsory land acquisition.
- Time frame: 2025
- Implementing lead agencies: MLNR, OAG&MoJ
- Implementing collaborating agencies: Parliament, Cabinet, Lands Commission, MinCom, Forestry Commission, Traditional authorities, CHRAJ, MDAs, MMDAs, MoF, LUSPA, OASL,
Strategy 1.5 Enact new legislations and strengthen the implementation of the existing laws on the protection of vulnerable groups
Activities:
- Build the capacity of relevant institution to promote the implementation of the Affirmative Action Act 2024
- Organize sensitization and education on the Affirmative Action Act, 2024
- Develop public education programmes and interventions to enhance the implementation of existing laws aimed at eradicating stigmatization and discrimination against PWDs andKPs
- Time frame: 2025-2029
- Implementing lead agencies: MoGCSP, NCCE
- Implementing collaborating agencies: GFD, NCPD, Parliament, CSOs, MoE, ISD, MoI, CHRAJ
Activities: Sensitize and support women in the informal sector in their business operations
- Time frame: 2025-2029
- Implementing lead agencies: CHRAJ, MoGCSP
- Implementing collaborating agencies: NCCE, AGI, CSOs
Activities: Engage state institutions and businesses to develop, promote and publicize SGBV policy to realize a world of work-free from violence and harassment
- Time frame: 2025-2029
- Implementing lead agencies: MoGCSP
- Implementing collaborating agencies: CHRAJ, MMDAs, MDAs, SIGA
Activities: Organize sensitization programmes on SGBV and available redress mechanisms
- Time frame: 2025-2029
- Implementing lead agencies: MoGCSP
- Implementing collaborating agencies: CHRAJ, MMDAs, MDAs, NMC, SIGA, NCCE, ISD, Media
Activities: Conduct annual data collection on SGBV across sectors
- Time frame: 2025-2029
- Implementing lead agencies: GSS
- Implementing collaborating agencies: MoGCSP, DOVVSU, CHRAJ, CSOs
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
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
Strategy 1.11 Integrate BHR standards/ principles into the operations of business enterprises
Activities: Develop a BHR Gender Policy
- Time frame: 2025-2026
- Implementing lead agencies: MoGCSP, OAG&MOJ
- Implementing collaborating agencies: SIGA, MoF, MoTI, GEA, PEF, CHRAJ, NDPC
Activities: Organize capacity building, public education and sensitization programmes on the BHR gender Policy
- Time frame: 2025-2029
- Implementing lead agencies: MoGCSP, CHRAJ
- Implementing collaborating agencies: SIGA, MoF, OAG&MOJ, GEA, PEF, MoTI, Trade Unions, Ghana Employers’ Associations
Strategy 1.14 Strengthen human rights laws and regulations to increase Human Rights protection in business activities (both internal and external)
Activities: Review existing human rights laws to be gender responsive and compliant to BHR standards
- Time frame: 2025-2029
- Implementing lead agencies: OAG&MOJ, CHRAJ, MoGCSP
- Implementing collaborating agencies: SIGA, MDAs, CSOs, GEA, Trade Unions, Ghana Employers’ Associations
Strategy: 1.15 Incorporate BHR principles in the Public Procurement Act
Activities: Review the PPA Act to incorporate the BHR Clauses and Gender responsive Human Rights Due Diligence (HRDD) in contracts
- Time frame: 2025-2029
- Implementing lead agencies: OAG&MOJ, CHRAJ, PPACSOs
- Implementing collaborating agencies: Parliament, CSOs, PEF
Strategy: 1.16 Promote inclusion of BHR-responsive provisions and gender sensitivity clauses into trade and investment agreements
Activities: Review and integrate BHR principles into trade and investment agreements
- Time frame: 2025-2029
- Implementing lead agencies: MoTI, OAG&MOJ, GIPC
- Implementing collaborating agencies: CHRAJ, MoF, Trade Unions, GEA, AGI
Guidance to business
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: 1.4 Enforce businesses’ compliance with Human Rights laws and mechanisms in the business environment
Activities: Amend existing laws and mechanisms to protect human rights.
- Time frame: 2025-2029
- Implementing lead agencies: OAG&MOJ, MoTI, CHRAJ
- Implementing collaborating agencies: Judiciary, Cabinet, Parliament, SIGA, ORC, MDAs
Activities: Disaggregate data on the prosecution of business and human rights infractions.
- Time frame: N/A
- Implementing lead agencies: OAG&MoJ
- Implementing collaborating agencies: ECO, OSP, Judiciary, GPS, EPA, LAC
Activities: Integrate the NAP-BHR into the preparation of guidelines for medium term development plans.
- Time frame: 2025-2029
- Implementing lead agencies: NDPC
- Implementing collaborating agencies: MLGDRD, MDAs, MMDAs, OHCS, OHLGS, PSC
Activities: Organise sensitisation programmes to promote compliance by businesses with the National Pensions Act, 2008 (Act 766)
- Time frame: 2025-2029
- Implementing lead agencies: SSNIT, NPRA
- Implementing collaborating agencies: MELR, Trade Unions, AGI, Media, PEF, MoI
Strategy 1.14 Strengthen human rights laws and regulations to increase Human Rights protection in business activities (both internal and external)
Activities: Prepare guidelines to inform the development of Code of Ethics and Conduct for business entities in line with BHR
- Time frame: 2025-2029
- Implementing lead agencies: CHRAJ
- Implementing collaborating agencies: PEF, TUC, GEA, ORC
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: Develop training manual on NAP-BHR
- Time frame: 2025-2026
- Implementing lead agencies: MSD, CHRAJ
- Implementing collaborating agencies: ORC, MOTi, GiPC, GFZA,
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
Strategy: 1.22 Institute BHR Due Diligence, Rating and Certification for businesses
Activities: Develop and mainstream NAP-BHR Due Diligence Guidelines for businesses
- Time frame: 2025-2029
- Implementing lead agencies: CHRAJ, ORC
- Implementing collaborating agencies: OAG&MOJ, SIGA, MDAs, MMDAs
Health and social care
CHAPTER: 3 BUSINESS AND HUMAN RIGHTS SITUATIONAL ANALYSIS
3.3.4 Occupational Health and Safety Regulations & Policies
The Constitution guarantees the right to work under satisfactory, safe and healthy conditions. Thus, government has an obligation to safeguard the health, safety, and welfare of all persons in employment, especially within the business sector. However, incidence of occupational-related accidents, and ill-health emanating from hazardous work are worth noting among all the sectors. Meanwhile, the Factories, Offices and Shops Act, 1970 (Act 328) which is the main legislation for the enforcement of occupational safety and health standards, needs review because it is obsolete and not fit for purpose.
Occupational Health and Safety issues relevant to business and human rights include absence of and non-adherence to safety protocols and standards; inadequate or no provision of protective gear; and inadequate sanitary facilities.
3.3.7 Key Population (KPs)
“The 1992 Constitution of the Republic of Ghana guarantees the fundamental human rights and freedoms of all persons, including vulnerable Populations (VP) mostly referred to as Key population. People Living with HIV (PLHIV), people affected by TB, People Who Inject Drugs (PWID), persons incarcerated in prisons, sex workers, and transgender individuals, are among a group of people who face significant challenges within the business environment due to prevailing social stigmas, discrimination, and institutional constraints. Although Ghana has made efforts to address such challenges through the enactment of laws⁴⁵, policy interventions⁴⁶ and commitment through funding for addressing the human rights related barriers which affect their ability to secure employment, access healthcare, and engage in economic activities, there remains more room for improvement. Business and human rights violations against VP are exhibited in the following ways:
- Stigma and discrimination
- Denial of access to healthcare Negative social attitude
- Pre-employment health status
- Legal obstacles
- Intimidation by law enforcement agencies
- Workplace harassment
- Violence and other abuses”
Human rights defenders & whistle-blowers
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: 1.4 Enforce businesses’ compliance with Human Rights laws and mechanisms in the business
Activities: Educate and encourage people to come forward as whistleblowers.
- Time frame: 2025-2029
- Implementing lead agencies: CHRAJ, NCCe
- Implementing collaborating agencies: ISD, CSOs, Media, MoI
Activities: Enforce the laws that protect whistleblowers and witnesses on BHR violations
- Time frame: 2025-2029
- Implementing lead agencies: Judiciary, OAG&MOJ
- Implementing collaborating agencies: MINTER, Ministry of National Security, OSP, EOCO, Auditor General, CHRAJ, MNC, NaCoC, Traditional Authorities
4.1.3 Pillar 3: Access to Effective Remedy
Key Objective 4: To enhance access to effective remedy for victims of business-related human rights abuses and violations in business operation.
Strategy: 4.2 Strengthen victims’ reporting channels on BHR abuse, violations and remedial actions
Activities: Strengthen whistle-blowing mechanisms and systems for abuse and violations
- Time frame: 2025-2029
- Implementing lead agencies: CHRAJ
- Implementing collaborating agencies: MDAs, MMDAs, Trade Union, CSOs,
Human rights impact assessments
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: 1.20 Strengthen capacity of businesses on BHR compliance
Activities: Conduct needs assessment of businesses on BHR compliance
- Time frame: 2025-2029
- Implementing lead agencies: CHRAJ
- Implementing collaborating agencies: ORC, MOTI
Indigenous Peoples
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
Investment treaties & investor-state dispute settlements
The Ghana NAP does not make explicit reference to investment treaties and investor-state dispute settlements (ISDS).
Read more about Investment treaties & investor-state dispute settlements
Judicial remedy
CHAPTER: 3 BUSINESS AND HUMAN RIGHTS SITUATIONAL ANALYSIS
3.3.14 Access to Effective Remedy Deficits
State-Based Judicial Mechanism
- High cost of litigation
- Long delays in court processes
- Perceived and actual corruption risk with justice delivery
- Inadequate resources
- Unequal access to justice delivery infrastructure and services
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: 1.3 Enhance institutional capacity and policy framework on compulsory acquisition of land to uphold human rights.
Activities: Draft L.I to operationalize the new Lands Act to incorporate women’s rights including compensation and resettlement in compulsory land acquisition.
- Time frame: 2025
- Implementing lead agencies: MLNR, OAG&MoJ
- Implementing collaborating agencies: Parliament, Cabinet, Lands Commission, MinCom, Forestry Commission, Traditional authorities, CHRAJ, MDAs, MMDAs, MoF, LUSPA, OASL
1.5 Enact new legislations and strengthen the implementation of the existing laws on the protection of vulnerable groups
Activities: Organize sensitization programmes on available redress mechanisms
- Time frame: 2025-2029
- Implementing lead agencies: CHRAJ, NCCE, MoGCSP
- Implementing collaborating agencies: OAG&MOJ, MPs, TUC, MMDAs
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: 3.2 Strengthen capacity of rights-holders, employees, communities, in asserting their human rights
Activities: Advocate for the provision of free legal services to communities affected by business-related human rights abuses and violations
- Time frame: 2025-2029
- Implementing lead agencies: CHRAJ, OAG&MoJ, NDPC
- Implementing collaborating agencies: MDAs, MMDAs, Organized Labour, Employers’ Associations,CSOs
Key Objective 4: To enhance access to effective remedy for victims of business-related human rights abuses and violations in business operation.
Strategy: 4.1 Strengthen the provision of free legal services to persons and communities affected by business-related human rights abuses and violations
Activities: Provide free legal services to persons and communities affected by business-related human rights abuses and violations
- Time frame: 2025-2029
- Implementing lead agencies: CHRAJ/LAC
- Implementing collaborating agencies: MDAs, MMDAs, Employers’ Associations, PEF, AGI, other Business Enterprises, CSOs, JS, GBA, Traditional Authorities, Trade Unions, NLC, Ghana Arbitration Centre, GHACMA, ADRC
Strategy: 4.2 Strengthen victims’ reporting channels on BHR abuse, violations and remedial actions
Activities: Establish effective channels for complaints and redress mechanism
- Time frame: 2025-2029
- Implementing lead agencies: MDAs, MMDAs, OOP
- Implementing collaborating agencies: CHRAJ, OAG&MOJ, GPS, JS, JUDICIARY
Activities: Institute mechanisms and systems for reporting and monitoring on BHR remedial measures
- Time frame: 2025-2029
- Implementing lead agencies: CHRAJ
- Implementing collaborating agencies: MDAs, MMDAs, Trade Union, Employers’ Associations CSOs, OAG&MOJ, Police, JS, Media
Activities: Establish structures at the local levels for effective mediation between businesses and affected communities
- Time frame: 2025-2029
- Implementing lead agencies: MDAs, MMDAs
- Implementing collaborating agencies: CHRAJ, GPS, JS, NDPC, ICBs, Traditional Authorities, FBOs, LAC, CBOs
Activities: Institute judicial mechanisms to expedite adjudication of BHR cases
- Time frame: 2025-2029
- Implementing lead agencies: Judiciary, OAG&MOJ
- Implementing collaborating agencies: MDAs, MMDAs, GPS, CHRAJ, CSOs, Ghana Arbitration Centre, GHACMA, ADRC
Strategy: 4.3 Strengthen access to remedy mechanisms against business and human rights abuses and violations
Activities: Organize sensitization and awareness creation programmes on rights-holders and victims’ access to judicial and non-judicial justice
- Time frame: 2025-2029
- Implementing lead agencies: OAG&MOJ
- Implementing collaborating agencies: LAC, GBA, Media, NLC
Strategy: 4.4 Strengthen institutional capacity on effective, inclusive and gender-responsive access to remedy
Activities: Advocate for an increase in the budgetary allocations to the state judicial and non-judicial institutions
- Time frame: 2025-2029
- Implementing lead agencies: OAG&MOJ, CHRAJ
- Implementing collaborating agencies: Parliament, MoF, JS, CSOs
Activities: Organize capacity building programmes for law enforcement agencies on judicial and non-judicial remedial services on BHR violations.
- Time frame: 2025-2029
- Implementing lead agencies: OAG&MOJ, Judiciary
- Implementing collaborating agencies: CHRAJ, GPS, CHRAJ, MINTER, GBA, LAC, Ghana Prisons Service, JS
Activities: Organize capacity building programmes for lawyers, human rights defenders and judicial officers on access to effective remedy for victims of BHR abuse
- Time frame: 2025-2029
- Implementing lead agencies: OAG&MOJ, CHRAJ
- Implementing collaborating agencies: Judiciary, JS, GPS, MINTER, GBA, CSOs, LAC, CBOs
Key Objective 5: Improve culture of adaptive learning and monitoring systems at relevant institutions involved in protecting human rights
Strategy: 5.1 Establish monitoring, evaluation and learning systems
Activities: Develop a comprehensive MEL Plan
- Time frame: 2025-2029
- Implementing lead agencies: MDAs, MMDAs
- Implementing collaborating agencies: NDPC, CSOs, RCC, CHRAJ
Strategy 5.2 Budgetary allocation and commitment to MEL activities
Activities: Allocate budget for measuring and learning events
- Time frame: 2025-2029
- Implementing lead agencies: MDAs, MMDAs, NDPCs
- Implementing collaborating agencies: CSOs, RCC, CHRAJ, MoF
Strategy: 5.3 Performance evaluation of NAP-BHR
Activities: Evaluate the implementation of NAP-BHR at the mid-term and the end of 5-year period
- Time frame: 2025-2029
- Implementing lead agencies: CHRAJ, NDPC, GSS
- Implementing collaborating agencies: MDAs, MMDAs, CSOs, NLC
Land
CHAPTER 3: BUSINESS AND HUMAN RIGHTS SITUATIONAL
ANALYSIS
3.1 Ghana’s Obligation to Protect Human Rights under Regulatory Regimes
3.2.2 Agriculture Sector
Agriculture is key to the overall economic growth and development of Ghana. Since 2013, it has consistently contributed about 20 percent of Ghana’s Gross Domestic Product (GDP).³⁵ This sector is estimated to employ about 46 percent of Ghana’s labour force³⁶, most of whom are small landowners engaged mainly in subsistence farming. Some issues identified in this sector are summarized in the table below:
- Worst forms of child labour
- Forced labour
- Compulsory acquisition of farmlands without adequate compensation to land and crop owners
- Destruction of farmlands due illegal mining (galamsey) activities, commercial activities and urbanization
- Pollution of water bodies due to illegal mining (galamsey) activities
- Under scaling of cocoa produce by purchasing clerks and purchasing companies
- Destruction of farmlands by herdsmen
3.3.9 Land Management
In Ghana, both the 1992 Constitution and the Land Act, 2020 (Act 1036) contain provisions that emphasize the sustainable use of land. These include measures to ensure that land use and management do not lead to environmental degradation and that there is payment of adequate compensation for compulsory acquisition of privately owned land for mining and other businesses. Despite these provisions, some gaps have been identified under land management to include:
- Conflicting land uses – land for mining or residential purposes
- Non-compliance with spatial planning laws – zoning status Inadequate enforcement of spatial planning laws
- Land ownership disputes
- Activities of land guards
- Delays in payment of compensation for land acquired by the State
- Non-payment of compensation to occupiers in cases of compulsory acquisition of lands
- Challenges with the registration of interests in land Resettlement after compulsory acquisition non-consensual
It is therefore imperative that human rights considerations are factored into the grant of mineral rights and licenses for mineral operations. Besides, there is the need for Free Prior and Informed Consent relating to resettlement of displaced communities.
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 1.3 Enhance institutional capacity and policy framework on compulsory acquisition of land to uphold human rights.
Activities: Draft L.I to operationalize the new Lands Act to incorporate women’s rights including compensation and resettlement in compulsory land acquisition.
- Time frame: 2025
- Implementing lead agencies: MLNR, OAG & MoJ
- Implementing collaborating agencies: Parliament, Cabinet, Lands Commission, MinCom, Forestry Commission, Traditional Authorities, CHRAJ, MDAs, MMDAs, MoF, LUSPA, OASL
Activities: Develop guidelines on extensive consultation on compulsory acquisition of lands to safeguard human rights of communities.
- Time frame: 2025
- Implementing lead agencies: MLNR, OAG & MoJ
- Implementing collaborating agencies: MoGCSP, NDPC
Activities: Organize awareness creation programmes on the rights of individuals and communities in compulsory land acquisition.
- Time frame: 2025-2029
- Implementing lead agencies: MLNR
- Implementing collaborating agencies: NCCE, Mol, lSO, Lands Commission, MMOA’s, CHRAJ
Activities: Organize capacity building programmes for state and non-state actors on human rights-based approach to development programming business and human rights
- Time frame: 2025-2029
- Implementing lead agencies: CHRAJ
- Implementing collaborating agencies: MDAs, MMDAs, OAG&MOJ, NDPC, Organised labour, GEA, PEF, AGI, Business Enterprises, CSOs, DPs
Activities: Build capacity of law enforcement agencies and other stakeholder institutions on compulsory land acquisition
- Time frame: 2025-2029
- Implementing lead agencies: CHRAJ, MLNR
- Implementing collaborating agencies: MINTER, OAG&MOJ, MoF
Mandatory human rights due diligence
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: 1.15 Incorporate BHR principles in the Public Procurement Act
Activities: Review the PPA Act to incorporate the BHR Clauses and Gender responsive Human Rights Due Diligence (HRDD) in contracts
- Time frame: 2025-2029
- Implementing lead agencies: OAG&MOJ, CHRAJ, PPACSOs
- Implementing collaborating agencies: Parliament, CSOs, PEF
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: Conduct human rights due diligence and submit reports to CHRAJ
- Time frame: 2025-2029
- Implementing lead agencies: CHRAJ
- Implementing collaborating agencies: MDAs, MMDAs, NDPC, CSOs, ORC, GFZA, GEA, PEF, AGI, GIPC
Migrant workers
The Ghana NAP does not make explicit reference to migrant workers.
National Human Rights Institutions/ Ombudspersons
The Ghana NAP does not make explicit reference to National Human Rights Institutions (NHRIs)/Ombudspersons.
Read more about National Human Rights Institutions/ Ombudspersons
Non-financial reporting
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 environment
Activities: Ensure that institutions appoint human rights desk officers
- Timeframe: 2025-2029
- Implementing lead agencies: CHRAJ
- Implementing collaborating agencies: NDPC, DPs, MDAs, MMDAs
Activities: Build capacity of human rights desk officers to report on BHR activities.
- Timeframe: 2025-2029
- Implementing lead agencies: CHRAJ
- Implementing collaborating agencies: NDPC, DPs, MDAs, MMDAs, OAG&MOJ, MOTi, GEA, AfCFTA Secretariat
Activities: Undertake regular inspection of businesses on their compliance with NAP-BHR principles
- Time frame: 2025-2029
- Implementing lead agencies: CHRAJ, ORC
- Implementing collaborating agencies: SIGA, MDAs, MMDAs, GIPC
Activities: Publish yearly ratings and certification of businesses on their compliance with BHR principles
- Time frame: 2025-2029
- Implementing lead agencies: CHRAJ, ORC
- Implementing collaborating agencies: SIGA, MDAs, MMDAs, GIPC
Strategy 1.23 Strengthen compliance and enforcement of BHR Principles by multinational organisations
Activities: Undertake periodic inspection of multinational organisations on their compliance with OHCHR Guiding Principles on BHR
- Time frame: 2025-2026
- Implementing lead agencies: CHRAJ, GIPC
- Implementing collaborating agencies: MoFARI, SIGA, MDAs, MMDAs
Activities: Publish ratings of corporate entities on compliance with BHR principles
- Time frame: 2025-2026
- Implementing lead agencies: CHRAJ, GIPC
- Implementing collaborating agencies: MoFARI, SIGA, MDAs, MMDAs, Media
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: Set up BHR desks and assign desk officers to be in charge
- Time frame: 2025-2029
- Implementing lead agencies: CHRAJ
- Implementing collaborating agencies: MDAs, MMDAs, ORC, NDPC, CSO, PEF, AGI, PEF, GEA, GFZA
Activities: Organize Trainer of Trainers for BHR desk officers
- Implementing lead agencies: CHRAJ
- Implementing collaborating agencies: MDAs, MMDAs, NDPC, CSOs, GEA, PEF, AGI, Trade Unions[EF1] [AB2]
Activities: Publish ratings of corporate entities on compliance with BHR principles
- Time frame: 2025-2029
- Implementing lead agencies: CHRAJ, GIPC
- Implementing collaborating agencies: MoFARI, SIGA, MDAs, MMDAs, Media
Strategy: 2.1 Strengthen periodic implementation and reporting mechanisms on business and human rights
Activities: Submit annual report on BHR compliance to CHRAJ
- Time frame: 2025-2029
- Implementing lead agencies: CHRAJ, OAG&MOJ
- Implementing collaborating agencies: MDAs, MMDAs, NDPC, CSOs, GEA, PEF, AGI, GEPA, MoTI
Non-judicial grievance mechanisms
CHAPTER: 3 BUSINESS AND HUMAN RIGHTS SITUATIONAL ANALYSIS
3.3.14 Access to Effective Remedy Deficits
State-based Non-Judicial Mechanism
- Limited access to legal aid services
- Low presence of legal aid scheme
- Inadequate resources for CHRAJ and LAC
- Inadequate resources for Police for prosecution
- Inadequate human and logistical resources at the National Labour Commission
Non-State-based Grievance Mechanism
- Weak institutional capacity to address grievances
- Lack of collective bargaining agreements
- Weak collaboration with state-based judicial mechanisms
- Absence of redress mechanisms
CHAPTER: 4 STRATEGIES AND INTERVENTIONS
4.1 Strategies to achieve Key Objectives of the Three Pillars
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: Establish internal grievance reporting mechanisms on BHR
- Time frame: 2025-2029
- Implementing lead agencies: Employers’ Associations, GEA
- Implementing collaborating agencies: MDAs, MMDAs, MoTI, CSOs, PEF, AGI, CHRAJ
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
4.1.3 Pillar 3: Access to Effective Remedy
Key Objective 4: To enhance access to effective remedy for victims of business-related human rights abuses and violations in business operation
Strategy: 4.3 Strengthen access to remedy mechanisms against business and human rights abuses and violations
Activities: Organize sensitization and awareness creation programmes on rights-holders and victims’ access to judicial and non-judicial justice
- Time frame: 2025-2029
- Implementing lead agencies: OAG&MOJ
- Implementing collaborating agencies: LAC, GBA, Media, NLC
Strategy: 4.4 Strengthen institutional capacity on effective, inclusive and gender-responsive access to remedy
Activities: Advocate for an increase in the budgetary allocations to the state judicial and non-judicial institutions
- Time frame: 2025-2029
- Implementing lead agencies: OAG&MOJ, CHRAJ
- Implementing collaborating agencies: Parliament, MoF, JS, CSOs
Activities: Organize capacity building programmes for law enforcement agencies on judicial and non-judicial remedial services on BHR violations.
- Time frame: 2025-2029
- Implementing lead agencies: OAG&MOJ, Judiciary
- Implementing collaborating agencies: CHRAJ, GPS, CHRAJ, MINTER, GBA, LAC, Ghana Prisons Service, JS
Activities: Organize capacity building programmes for lawyers, human rights defenders and judicial officers on access to effective remedy for victims of BHR abuse
- Time frame: 2025-2029
- Implementing lead agencies: OAG&MOJ, CHRAJ
- Implementing collaborating agencies: Judiciary, JS, GPS, MINTER, GBA, CSOs, LAC, CBOs
OECD National Contact Points
The Ghana NAP does not make explicit reference to OECD National Contact Points (NCPs).
Persons with disabilities
CHAPTER: 3 BUSINESS AND HUMAN RIGHTS SITUATIONAL ANALYSIS
3.3.6 Persons with Disabilities (PWDs)
Article 29 of the 1992 Constitution provides for the protection of PWDs against exploitation and all treatment of a discriminatory, abusive or degrading nature. It is further provided that PWDs engaged in business and business organisations who employ PWDs in significant numbers shall be given special incentives.
It is estimated that about 8 percent (2,098,138) of the population have varying degrees of difficulty in performing activities and is higher among females (8.8%) than males (6.7%)44. Despite constitutional and legislative provisions guaranteeing the rights of PWDs to participate in social, creative and recreational activities, PWDs have not been effectively protected. This drawback is not in conformity with the United Nations Convention on the Rights of Persons with Disabilities (CRPD) even though Ghana ratified this Convention in 2012. Business and human rights violations against PWDs manifest in some of the following ways:
- Workplace discrimination against PWDs
- Denial of reasonable accommodation
- Non-compliance with disability-friendly laws at the workplace
- Weak enforcement of the Persons with Disability Act, 2006 (Act 715)
- Non-compliance with the Accessibility Standards for the Built Environment document
- Non-incorporation of disability-friendly architectural designs
- Inadequate inclusivity of PWDs in national development process
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
1.5 Enact new legislations and strengthen the implementation of the existing laws on the protection of vulnerable groups
Activities:
- Build the capacity of relevant institution to promote the implementation of the Affirmative Action Act 2024
- Organize sensitization and education on the Affirmative Action Act, 2024
- Develop public education programmes and interventions to enhance the implementation of existing laws aimed at eradicating stigmatization and discrimination against PWDs andKPs
- Time frame: 2025-2029
- Implementing lead agencies: MoGCSP, NCCE
- Implementing collaborating agencies: GFD, NCPD, Parliament, CSOs, MoE, ISD, MoI, CHRAJ
Activities: Engage institutions on the provision of friendly infrastructure for PWDs.
- Time frame: 2025-2029
- Implementing lead agencies: MoGCSP, GSA
- Implementing collaborating agencies: MMDAs, Professional Bodies and Associations, Media, MDAs, AESL
Activities: Promote local content on recruitment of youth and PWDs by businesses in their operational areas
- Time frame: 2025-2029
- Implementing lead agencies: MoYS, MELR
- Implementing collaborating agencies: YEA, NSS, NYA, GEA
Activities: Facilitate the passage of the Persons with Disability Bill
- Time frame: 2025-2026
- Implementing lead agencies: MoGCSP, OAG&MOJ
- Implementing collaborating agencies: Parliament, Employers Association, Trade Unions, CSOs, CHRAJ, NCPD, GFD
Policy coherence
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: 1.1 Enhance Ghana’s commitments towards international obligations
Activities: Sign and ratify relevant International Human Rights Instruments and Conventions obligations
- Time frame: 2025-2029
- Implementing lead agencies: MoFARI & OAG&MoJ
- Implementing collaborating agencies: MDAs, Cabinet, Parliament
Strategy 1.14 Strengthen human rights laws and regulations to increase Human Rights protection in business activities (both internal and external)
Activities: Prepare guidelines to inform the development of Code of Ethics and Conduct for business entities in line with BHR
- Time frame: 2025-2029
- Implementing lead agencies: CHRAJ
- Implementing collaborating agencies: PEF, TUC, GEA, ORC
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
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: Develop internal BHR policy
- Time frame: 2025-2029
- Implementing lead agencies: CHRAJ
- Implementing collaborating agencies: MDAs, MMDAs, NDPC, CSO, GIPC, PEF, AGI, GEA, Ghana Employers’ Associations, GAB
Privatisation
The Ghana NAP does not make explicit reference to privatisation.
Public procurement
CHAPTER: 3 BUSINESS AND HUMAN RIGHTS SITUATIONAL ANALYSIS
3.3.10 Procurement and Trade Regulation
Ghana’s procurement and trade laws are generally responsive to human rights issues but not adequately enforced. It is important that multinational and other companies who are beneficiaries of Ghana’s investment, trade, procurement policies and incentives must comply with Ghana’s human rights regime.
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: 1.15 Incorporate BHR principles in the Public Procurement Act
Activities: Review the PPA Act to incorporate the BHR Clauses and Gender responsive Human Rights Due Diligence (HRDD) in contracts
- Time frame: 2025-2029
- Implementing lead agencies: OAG&MOJ, CHRAJ, PPACSOs
- Implementing collaborating agencies: Parliament, CSOs, PEF
Activities: Organize capacity building, public education and sensitization programmes on BHR Component of Public Procurement Laws
- Time frame: 2025-2029
- Implementing lead agencies: PPA, CHRAJ
- Implementing collaborating agencies: MoF, OAG&MOJ, Trade Unions, GEA, CSOs
Activities: Incorporate BHR requirements into existing procurement guidelines
- Time frame: 2025-2029
- Implementing lead agencies: PPA, CHRAJ, MoGCSP
- Implementing collaborating agencies: Parliament, MoF, OAG&MOJ, SIGA, CSOs, Trade Unions, GEA
Security sector
The Ghana NAP does not make explicit reference to the security sector.
Small & medium-sized enterprises
CHAPTER: 3 BUSINESS AND HUMAN RIGHTS SITUATIONAL ANALYSIS
3.3.12 Regulation of Small and Medium Scale Enterprises and the Informal Sector
Micro, Small and Medium-Sized Enterprises (MSMEs) constitute about 90% of registered businesses in Ghana and account for 80% of total employment. In terms of output, MSMEs account for 70% of Gross Domestic Product⁵¹. Despite the potential to accelerate economic development, productive employment and wealth creation, many of the MSMEs have these key business and human rights gaps:
- Absence of contracts of employment
- Exploitative contracts of employment
- Non-unionization of workers
- Non-adherence to minimum wage payment
- Non-payment of social security contribution
- Denial of workers’ right to leave, eg. annual leave, maternity leave
- Non-adherence to safety protocols and standards at the workplace
- Inadequate or no provision of protective gear for workers
- Inadequate sanitary facilities
State Owned Enterprises/ Public Private Partnerships
CHAPTER: 3 BUSINESS AND HUMAN RIGHTS SITUATIONAL ANALYSIS
3.3.11 Regulation of State-Owned Enterprises
The State Interests and Governance Authority Act, 2019 (Act 990) sets up the State Interests and Governance Authority (SIGA) as an oversight body for the regulation of state-owned enterprises and joint venture companies. There are inadequate due diligence obligations placed exclusively on state-owned or controlled business enterprises. The Authority is empowered to issue guidelines for state-owned enterprises to adhere to business and human rights principles and standards.
Read more about State Owned Enterprises/ Public Private Partnerships
Supply chains
The Ghana NAP does not make explicit reference to supply chains.
Taxation
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: 1.4 Enforce businesses’ compliance with Human Rights laws and mechanisms in the business
Activities: Incorporate tax incentives into existing polices for businesses who are BHR compliant.
- Time frame: 2025-2029
- Implementing lead agencies: GRA, MoF
- Implementing collaborating agencies: CSOs, PEF, AGI, TUC, GEA, GIPC, MoTI
The 2030 Agenda for Sustainable Development
The Ghana NAP does not make explicit reference to sustainable development.
Tourism sector
CHAPTER: 3 BUSINESS AND HUMAN RIGHTS SITUATIONAL ANALYSIS
3.2.4 Tourism and Creative Industry
- “Ghana’s tourism sector and the creative industry generates foreign exchange earnings and creates jobs especially for the youth. In spite of the opportunities that this sector presents, it is fraught with numerous human rights abuses and underemployment. Below are some of the abuses:
- Poor working conditions
- Sexual harassment
- Job insecurity
- Non-compliance and weak enforcement of noise level standards
- Non-adherence to hygiene and safety protocols in the hospitality industry
- Violation of intellectual property rights
- Consumer rights violations
- Violation of reproductive rights in the aviation sector”
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: 1.19 Safeguard Consumer Rights
Activities: Facilitate the passage of the Consumer Protection Bill into law
- Time frame: 2025-2029
- Implementing lead agencies: MoTI
- Implementing collaborating agences: OAG&MOJ, Parliament, MoF, GSA, CSOs, FDA, CSIR
Activities: Enforce the existing laws and policies aimed at ensuring consumer rights
- Time frame: 2025-2029
- Implementing lead agencies: MoTI
- Implementing collaborating agences: CSOs, MMDAs, FDA, GSA
Activities: Organize public education and sensitization programmes on consumer rights
- Time frame: 2025-2029
- Implementing lead agencies: MoTI
- Implementing collaborating agences: OAG&MOJ, CHRAJ, CPA, FDA, GSA, CSOs
Trade
CHAPTER: 3 BUSINESS AND HUMAN RIGHTS SITUATIONAL ANALYSIS
3.3.10 Procurement and Trade Regulation
Ghana’s procurement and trade laws are generally responsive to human rights issues but not adequately enforced. It is important that multinational and other companies who are beneficiaries of Ghana’s investment, trade, procurement policies and incentives must comply with Ghana’s human rights regime.
3.3.13 Consumer Protection/Anti-Competition Rules
There are several legal provisions⁵² targeted at the protection of consumers in Ghana, yet they are not harmonized. Presently, there is no public agency specifically responsible for ensuring the protection of the Ghanaian consumer. Additionally, there is weak enforcement of data protection, anti-competition laws and inadequate laws prohibiting anti-trust and price collusion in Ghana.
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: 1.16 Promote inclusion of BHR-responsive provisions and gender sensitivity clauses into trade and investment agreements
Activities: Review and integrate BHR principles into trade and investment agreements
- Time frame: 2025-2029
- Implementing lead agencies: MoTI, OAG&MOJ, GIPC
- Implementing collaborating agencies: CHRAJ, MoF, Trade Unions, GEA, AGI
Strategy: 1.19 Safeguard Consumer Rights
Activities: Facilitate the passage of the Consumer Protection Bill into law
- Time frame: 2025-2029
- Implementing lead agencies: MoTI
- Implementing collaborating agences: OAG&MOJ, Parliament, MoF, GSA, CSOs, FDA, CSIR
Activities: Enforce the existing laws and policies aimed at ensuring consumer rights
- Time frame: 2025-2029
- Implementing lead agencies: MoTI
- Implementing collaborating agences: CSOs, MMDAs, FDA, GSA
Activities: Organize public education and sensitization programmes on consumer rights
- Time frame: 2025-2029
- Implementing lead agencies: MoTI
- Implementing collaborating agences: OAG&MOJ, CHRAJ, CPA, FDA, GSA, CSOs
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
