Government Accepts Proposal to End Death Penalty, Replace It with Life Imprisonment

The Government has accepted a recommendation by the Constitutional Review Committee (CRC) to abolish the death penalty in Ghana, replacing it with life imprisonment for offences that previously carried capital punishment.

Speaking at a press conference on Thursday, July 30, the Minister for Justice and Attorney-General, Dr. Dominic Ayine, announced that the relevant provisions of Articles 3, 13, 19 and 72 of the Constitution will be amended to reflect the change.

According to Dr. Ayine, “The death penalty is inconsistent with the constitutional right to life and with Ghana’s international human rights obligations.”

The Attorney-General also disclosed that the CRC proposed expanding the range of rights protected under Chapter Five of the Constitution to include economic, social and cultural rights, as well as stronger protections for women, children, persons with disabilities, older persons and the youth. Other proposed rights include access to healthcare, housing, a clean and healthy environment, and adequate food for persons in custody.

While government supports the intent behind almost all of these recommendations, Dr. Ayine explained that amending each proposed right through a national referendum would create significant procedural challenges because Chapter Five is an entrenched part of the Constitution.

“But here is the difficulty. Chapter Five is entrenched. Every amendment to it requires a national referendum. Subjecting each of these new rights to a referendum would impose a procedural burden disproportionate to the gain.

“The Constitution itself shows us the way out. Article 33(5) provides that the rights expressly mentioned in Chapter Five are not to be regarded as excluding others which are inherent in a democracy and intended to secure the freedom and dignity of man,” he said.

To address this challenge, the government plans to introduce a comprehensive Human Rights Act. The proposed legislation will expand on the rights already guaranteed under the Constitution, provide protection for the additional rights recommended by the CRC, incorporate Ghana’s obligations under international human rights treaties, and establish clear enforcement mechanisms.

Dr. Ayine assured that “It will be justiciable and enforceable. And because it is a statute, it can be improved as standards evolve and as our institutional capacity develops.”

He added that the majority of the Committee’s recommendations on fundamental human rights will be implemented through the proposed Human Rights Act.

By: Paulina Armah/ Radio1.