Ghana - Amnesty International

GHANA: END IMPUNITY THROUGH UNIVERSAL JURISDICTIONNo Safe Haven Series No. 1059enslavement fall under the umbrella of “human trafficking”, which is a crime. 160 However, thesedefinitions do not fully define what constitutes enslavement in a manner consistent with thecontemporary definition of slavery under international law, which includes a wide variety of forms. 161In addition, Ghanaian law does not specifically indicate that enslavement, when committed as partof a widespread or systematic attack against civilians, would constitute a crime against humanity.Unlike the other specific crimes listed in Chart VII, Ghana has expressly authorized its courts toexercise universal jurisdiction over enslavement and over trafficking offences that incorporate slaveryand slave-like practices. 162Imprisonment or other severe deprivation of liberty in violation of the fundamental rules ofinternational law. Imprisonment is defined as an offence in the Criminal Code. 163 However, thedefinition of imprisonment in Ghanaian law does not mention that the gravity of the conduct mustbe such that it violates fundamental rules of international law as in Article 7 of the Rome Statute.Further, Ghanaian law does not provide that imprisonment, when committed as part of a widespreador systematic attack against civilians, is a crime against humanity.Torture. The Constitution of Ghana recognizes the right of all individuals to be free from torture andany other treatment or punishment that is cruel, inhuman, or degrading. 164 However, Ghanaian lawdefines torture as a crime only when committed against child victims. 165 Moreover, Ghanaian lawdoes not define what constitutes torture nor does it indicate that torture, when committed as part ofa widespread or systematic attack against civilians, is a crime against humanity.Rape. The Criminal Code defines rape in Ghanaian law as “the carnal knowledge of a female not lessthan sixteen years without her consent”, with carnal knowledge demonstrable by “proof of the leastdegree of penetration”. 166 The offence is termed “defilement” when committed against femalesunder the age of sixteen and simply “carnal knowledge” when committed against those with mentalincapacities, whether or not these victims seem to consent. 167 Certain elements of rape in theElements of Crimes are also found in Ghanaian law, including the requirement that the physicalpenetration may be however slight. 168 Nevertheless, the current definitions in Ghanaian law fail to160See Human Trafficking Act, sect. 1.161For example, the Criminal Code and the Human Trafficking Act do not include language expressly recognizingthat slavery involves exercising a right to ownership over other persons. Cf. Rome Statute, art. 7 (1)(c), asinterpreted by the Elements of Crimes, pg. 6; 1926 Slavery Convention, art. 1. For the broad range of thevarieties of contemporary forms of enslavement, see Machteld Boot, Rodney Dixon & Christopher K. Hall, ‘Article7 (crimes Against Humanity)’, Commentary on the Rome Statute of the International Criminal Court: Observers`Notes, Article by Article 191 – 194 and 244 – 247 (2008).162See Courts Act, sect. 56 (4) (a), (c); Human Trafficking Act, sect. 8.163Criminal Code, sect. 88.1641992 Constitution, Ch. V, art. 15 (2) (a).165See Children’s Act, sect. 13.166Criminal Code, sects. 97 - 99.167See Criminal Code, sects. 101, 103.168The non-contextual elements of the crime of rape as a crime against humanity are:Index: AFR 28/004/2012 Amnesty International November 2012