FOREWORD

The Government of Ghana (GOG) made a promise to optimize the realisation of children’s rights when it ratified the Convention on the Rights of the Child (CRC) in 1990. Ratifying the Convention set the stage for improving the general conditions of children in Ghana through legislation, policy formulation, legislation, programme/project implementation, research, monitoring and evaluation with respect to quality care.

This report is Ghana’s 3rd, 4th and 5th consolidated periodic report to the United Nations Committee on the Rights of the Child (UNCRC). It assesses the progress made by government as regards to the advancement of CRC implementation and the status of children in terms of adherence to the principles of the Convention, and the realization of their rights and freedoms at home, school and all other places they often find themselves and the provision of their needs. The report chronicles responses of child focused state institutions on their efforts to ensure children’s rights and improve their access to quality education, healthcare, social welfare, protection and all other areas that affect child development between 2005 and 2010. Children’s voices have also been echoed in the report.

The report reveals modest achievements made and challenges encountered by government and its partners to address important needs and gaps of children in the enjoyment of their rights in Ghana. It also responds to certain important observations made by the UNCRC on Ghana’s previous reports submitted to the Committee.

It is our firm belief that the report findings will serve not only as assessment material, but also encouragement to government and non-government institutions, parents, community leaders, and other relevant child care-givers to continue to fulfill the rights of the child always ensuring the best interests of the child when dealing with all matters that affect children.

HON. JULIANA AZUMAH MENSAH

MINISTER FOR WOMEN AND CHILDREN’S AFFAIRS

ACKNOWLEDGMENT

The Information, Research and Advocacy Division (IRAD) of the Ministry of Women and Children's Affairs (MOWAC) Department of Children (DOC) would first of all, like to express deep appreciation to UNICEF Ghana Country Office for its financial assistance at certain stages of the compilation of this report. We are specifically indebted to the child protection team at UNICEF;Dr. Iyabode Olusanmi, Sheema Gupta, Eric Okrah, Emelia Allan, Ruby Anang and Idris Abdallah for their assistance.

We would also like to express gratitude to our partners who made various contributions by way of time and resources to supply us with all relevant information requested for the report.

The IRAD compilation team would like to extend deep appreciation to the following persons whose invaluable inputs helped shape the contents of the report:

  • G. K. KumorChief Director, MOWAC
  • Justice Sophia AdeniyeraJudicial Service
  • Estelle AppiahAttorney General’s Department
  • Isabella Sagoe-MosesGhana Health Service
  • Kinsley Obeng-KyerehCURIOUS MINDS
  • Stephen AdongoDepartment of Social Welfare(DSW)
  • Kinsley AddoBirths and Deaths Registry
  • Bright AppiahChild Rights International

We are also grateful for the candid remarks made by all the children we met to discuss the report during the regional consultations. Our final appreciation goes the 2009/2010 & 2010/2011 National Service persons who worked with the compilation team.

DOC COMPILATION TEAM:

  • Mariama Yayah
  • Sylvester Kyei-Gyamfi
  • Florence Ayisi Quartey
  • Abena Aprekua Badu-Aboagye
  • Patience Hayford
  • Comfort Nuamah

TABLE OF CONTENTS

TitleParagraphs Page

FOREWORDi

ACKNOWLEDGMENTii

TABLE OF CONTENTSiii

LIST OF TABLESix

LIST OF FIGURESx

LIST OF ACRONYMSxi

CHAPTER ONEINTRODUCTION 1

1.1Process for preparing the report1-71

CHAPTER TWOGENERAL MEASURES OF IMPLEMENTATION2

2.1Committee’s concluding observations of initial report:

General measures of implementation 113

2.1.1Data collection12-143

2.1.2Legislation15-173

2.1.3National Programme of Action (NPA)184

2.1.4Co-ordination19-214

2.1.5Independent monitoring22-255

2.1.6Resources for children26-276

2.2Conformity with the CRC286

2.2.1Persons with Disability Act296

2.2.2Ghana National Commission on Children (Repeal)

Act, 2006(701)307

2.2.3The Domestic Violence Act, 2007(732)31-327

2.2.4Education Act, 2008(778)337

2.2.5Property Rights and Succession Bill(2009)34-368

2.2.6The Interstate Succession Amendment Bill, 200937-398 2.2.7 The National Health Insurance Amendment Bill (2011) 40-42 8

2.2.8The Mental Health Amendment Bill (2011)43-459

2.3Ratifications8

2.3.1The optional protocol to the convention on

the Rights of thechild on the involvement of

children in armed conflicts 468

2.3.2Protocol to Prevent, Suppress and Punish Trafficking

Persons Especially Women and Children Supplementing

the United Nations Convention Against Transnational

Organized Crime47-489

2.4Remedies available and their accessibility to Children4910

2.5Independent National Human Rights Institution50 10

2.6Measures taken to make the Convention widely known51-5310

2.6.1Challenges in dissemination, training and

Awareness-raising5411

TitleParagraphs Page

2.6.2The next steps toward the Convention

widely known5511

2.7Co-operation with Civil Society Organisations5611

2.7.1Role of NGOs5711

2.7.2Role children play in national decision-making58-5912

CHAPTER THREEDEFINITION OF THE CHILD 13

3.1Definition of a child under domestic law and Regulations60-6113

CHAPTER FOURGENERAL PRINCIPLES 13

4.1Non-discrimination 62-6314

4.1.1Gender imbalances6414

4.1.2Rural urban differences in health and

educational facilities65-6614

4.1.3Children with disabilities6715

4.2Best interests of the child 68-7315

4.3Respect for the views of the child73-7916

4.4.The right to life, survival and development17 4.4.1 Measures taken to protect children from xenophobia 80 17 4.4.2 Deaths of persons under age 18 as a result

of capital punishment 8117

4.4.3Deaths of children as a result of traffic or

Other accidents in Ghana82-8317

4.4Respect for the views of the child 8417

CHAPTER FIVECIVIL RIGHTS AND FREEDOMS 18

5.1Birth registration85-8818

5.2Access to information89-9620

5.3Corporal punishment97-10621

5.4Freedom of expression, thought, conscience and

religion, association and of peaceful assembly, and

protection of privacy10723

5.5Harmful socio-cultural practices10823

5.5.1Forced marriage10923

5.5.2Ritual enslavement -Trokosi 110-111 24

5.5.3Female Genital mutilation (FGM)11224

5.6National response on harmful practices113-11525

5.7Reported abuse and other degrading treatment

Resulting in a court decision or other types of follow-Up11625

5.8Number and percentage of children who received

Special care in terms of recovery and social reintegration 117-11925

5.9Programmes implemented for the prevention of institutional

violence and training provided to staff 12026

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CHAPTER SIXFAMILY ENVIRONMENT AND

ALTERNATIVE CARE27

6.1Parental responsibilities121-12327

6.2Alternative care124-12527

6.3Child abuse and neglect126-12728

6.4Separation of parents, family re-unification

Recovery of maintenance12829

6.5Children deprived of a family environment126

6.5.1.Adoption130-13329

6.5.2Fostering13430

6.5.3Illicit transfer and non-return 135-13630

6.6Child abduction137-13832

6.6.1Periodic review of placement 13932

6.7Abuse and neglect including physical and

psychological recovery and social reintegration33

6.7.1 Victims of abuse and /or neglect14033

CHAPTER SEVENBASIC HEALTH AND WELFARE34

7.1Child Healthcare141-14934

7.2HIV and other sexual transmitted diseases150-15637

7.2.1Other sexually transmitted disease among adolescent 15738

7.2.2HIV prevalence among pregnant youth 15-24 years15838

7.3Promotion of adolescent health159-16139

7.3.1Adolescent pregnancies16239

7.3.2Drug Abuse163-16639

7.4Child survival and development 16740

7.4.1Child and maternal mortalities 168-17040

7.4.2Childhood immunizations17141

7.4.3Nutritional Status of children under five172-17441

7.4.4Postnatal and antenatal care17542

7.4.5Tuberculosis (particularly among special groups

Of children at high risk)176-17843

7.5Children with disabilities179-18344

7.6 Health and Health services18445

7.7Social security and child care services and facilities45

7.7.1Social security185-18945

7.7.2Child care services and facilities190-19146

7.8Standard of living192-19446

7.9Water and sanitation47

7.9.1Water195-19847

7.9.2Toilet facilities199-20148

TitleParagraphs Page

CHAPTER EIGHTEDUCATION, LEISURE AND

CULTURAL ACTIVITIES

8.1Introduction202-20550

8.2Education, training and guidance 50

8.2.1Free basic education206-21050

8.3Policies and programmes21151

8.3.1Science, Technology in Innovation (STI)21251

8.3.2ICT in Education Policy, 2006 21352

8.3.3Technical and Vocational Education and Training

(TVET) Policy21452

8.3.4Inclusive Education (IE) and Special Educational

Needs (SpED)21552

8.3.5Tertiary Education Policy 21652

8.3.6Pre-Tertiary Teacher Professional Development and

Management21752

8.3.7Capitation Grants, 2005218-21952

8.3.8Free School Uniform and Exercise Book

Programme/Policy22053

8.3.9Ghana School Feeding Programme, 2005221-22453

8.3.10Free mass transit ride for school children22554

8.3.11The Education Sector Plan (ESP) 2010 – 2020 22655

8.3.12Early childhood education227-22955

8.3.13Basic education 230-23256

8.3.14Secondary high education23357

8.3.15Technical and Vocational Education

and Training (TVET)234-23557

8.14School discipline 236-23757

8.15International cooperation in matters relating to

education23858

8.16Factors that may lead children to be excluded

from education239-24058

8.17Measures put in place to ensure some children to

be excluded from education241-24259

8.18Leisure, recreation and cultural activities59

8.18.1Leisure and recreation243-24559

8.18.2Cultural activities246-24859

CHAPTER NINESPECIAL PROTECTION MEASURES61

9.1Children in situation emergencies24961

9.1.1Refugee children25061

9.1.2 Children in armed andconflict with situation251-25261

9.2Children in conflict with the law25362

9.2.1 Administration of juvenile justice254-25562

TitleParagraphs Page

9.2.3Children deprived of their liberty including

any form of detention imprisonment or placement in

custodial sentence25663

9.2.4Sentencing of juveniles in particular the prohibition

Of capital punishment and life imprisonment25763

9.2.5Physical and psychological recovery and social

Reintegration25863

9.3Children in situations of exploitation

Including physical and psychological, social reintegration25964

9.3.1Economic exploitation of children including child labour26064

9.3.2Programes and projects261-26264

9.3.3LUTRENA Project ‘Combating Trafficking in Children

for Labour Exploitation in West and Central Africa 26365

9.3.4The West Africa Cocoa and Commercial Agriculture

Project (2003-2006) 26465

9.3.5The Time Bound Programme (2005-2009)26565

9.4Children in street situations (CSS)266-27066

9.5 Sale and trafficking of children67

9.5.1Child trafficking271-27767

9.6Sexual exploitation278-28068

9.7 Sexual abuse281-28369

CHAPTER TENOPTIONAL PROTOCOLS TO THE CRC 70

10.1Introduction284-28570

10.1.1The optional protocol to the Conventionon the

involvement of children in armed conflict28670

10.1.2Optional protocol on the sale of children,child

prostitution and child pornography287

ANNEX71

LIST OF TABLES

TitlePage

Table 6.1:Domestic and Foreign Adoption handled by the DSW (2005-2010)30

Table 6.2 Number of Abduction cases Reported to the Police (2005-2009)32

Table 7.1: HIV Information on Children (2005-2010)38

Table 7.3: Fertility Indicators39

Table 7.4 Reported TB cases among children (0-14yrs) 43

Table 7.9: Households by main source of water supply for drinking and

locality (percent)48

Table 7.9.1: Households by locality and type of toilet used by the household (percent)49

Table 8.1: Enrolment for Capitation Grant Computation, 2009 Fiscal Year53

Table 8.3: Trend Performance of Free Mass Transportation for School

Children in some major towns in Ghana54

Table 8.4: Pre-school enrolment trends (2004/2005 - 2009/2010)55

Table 8.5: Enrolment in Kindergarten, Primary and JHS (2004/2005-2009/2010)56

Table 8.6: Number of TVET Institutions by Type (2004/2005-2009/2010)57

Table 9.1: Persons Under 18 years Placed in Probation Programmes of

Special rehabilitation62

Table 9.2: Children held in Pre-trial Detention in the Police Stations (2005-2010) 63

Table 9.3: Number of Children kept in DSW Shelter (2005-2010)63

Table 9.4:Percentage Distribution of Children withdrawn from Agricultural

activities and supported 65

Table 9.5:Reported sexual Offences against Children (2005-2007)69

LIST OF FIGURES

TitlePage

Figure 1: Total MDA Budget as Percentage of Total Budget6

Figure 2: Trends in Birth Registration (2002-2010)19

Figure 3: Number of Forced Marriages Reported to DOVVSU (2005-2009)24

Figure 4: Number of Orphanages Children’s and Homes in Ghana (1997-2011)26

Figure 5: Number of Abduction Perpetrators Reported to DOVVSU (2008-2010) 32

Figure 6: Child Victims of Neglect and Maintenance (2005-2010)33

Figure 7: Trends of under five deaths resulting from ,malaria (2005-2009)35

Figure 8: Trends in Use of ITNs (2003-2008)35

Figure 9:Breastfeeding Status Under 6 months36

Figure 10:HIV Prevalence Rate (2004, 2005 & 2010)37

Figure 11: Trends of HIV Prevalence in Young Adolescents (15-24 years)39

Figure 12:Infant, Child and Under Five Mortality Trends, (1987-2008)41

Figure 13: Maternal Mortality Trends, (2005-2010)41

Figure 14: Trends of Nutritional Status of Children Under Five (1988-2008)42

Figure 15: Trends of Antenatal and Postnatal Care (2006-2009)43

Figure 16:Number of registered children with disabilities (2002-2009044

LIST OF ACRONYMS

AMAAccra Metropolitan Assembly

ARVAntiretroviral

AU African Union

BDRBirths and Deaths Registry

CBOCommunity-Based Organisations

CEPSCustoms, Excise and Preventive Service

CHRAJ Commission for Human Rights and Administrative Justice

CIDCriminal Investigations Department

CRCConvention on the Rights of the Child

CSOCivil Society Organisations

CSSChildren in Street Situations

CURIOUS MINDSChildren and Youth in Broadcasting

DHSDemographic and Health Survey

DHSDemographic and Health Surveys

DOVVSUDomestic Violence Victim Support Unit of the Ghana Police Service

DSW Department of Social Welfare

DVADomestic Violence Act

ECCDEarly Childhood Care and Development

ECGEducation Capitation Grant

EMISEducation Management Information Systems

EPIExpanded Programme on Immunisation

ESPEducation Sector Plan

FBOFaith-Based Organisations

FCUBEFree Compulsory Universal Basic Education Policy

FGMFemale Genital Mutilation

GACGhana Aids Commission

GESGhana Education service

GHSGhana Health Service

GISGhana Immigration Service

GOGGovernment of Ghana

GPRS11Growth and Poverty Reduction Strategy

HIRDHigh Impact Rapid Delivery Supplementary Survey

HIV/AIDS Human immunodeficiency Virus/Acquired Immunodeficiency Syndrome

ICT Information and Communications Technology

IGFInternally Generated Funds

IGOInter-Governmental Organistaions

ILOInternational Labour Organisation

IPECInternational Programme on the Elimination of Child Labour

IRADInformation Research and Advocacy Division

ITNInsecticide-Treated Net

JHSJunior High School

KVIPKumasi Ventilated-Improved Pit

LEAPLivelihood Empowerment Against Poverty

MASLOCMacro Finance and Small Loan Company

MDAMinistries, Departments and Agencies

MDG Millennium Development Goals

MESWMinistry of Employment and Social Welfare

MICSMultiple Indicator Cluster Surveys

MMDAMetropolitan Municipal and District Assemblies

MMTCMetro Mass Transit Company

MMTSMetro Mass Transits system

MOESSMinistry of Education Science and Sports

MOHMinistry of Health

MOUMemorandum of Understanding

MOWACMinistry of Women and Children’s Affairs

NACPNational AIDS Control Programme

NADMONational Disaster Management Organisation

NCBNarcotic Control Board

NCCNational Commission on Culture

NCCANational Council for Curriculum and Assessment

NCPDNational Council on Persons with Disability

NDPCNational Development Programme Commission

NGONon-Governmental Organisations

NIBNational Inspection Board

NPANational Programme of Action

NRSCNational Road Safety Commission

NSIDNational Stakeholder and Intervention Database

NTCNational Teaching Council

PMTCPrevention of Mother-to-Child Transmission

PTAParent-Teacher Association

PWDPerson with Disability

SOHRState of Human Rights Report

SPeDInclusive Education (IE) and Special Educational Needs

SSNITSocial Security and National Insurance Trust

STIScience, Technology in Innovations

TBPTime Bound Project

TEDTechnical Education Division

TVETTechnical and Vocational Education and Training

UNUnited Nations

UNCRCUnited Nations Committee on the Rights of the Child

UNESCO United Nations Educational, Scientific and Cultural Organization

UNICEFUnited Nations Children Fund

WFCLWorst Forms of Child Labour

WHOWorld Health Organization

WITEDWomen in Technical Education

1

CHAPTER ONE

INTRODUCTION

1.1Process for Preparing the Report

1.In 1990, Ghana ratified the United Nations Convention on the Rights of the Child (CRC) becoming the first country to do so. Signing on 29th January 1990 and ratifying on 5th February of the same year, Ghana became the first country to ratify the CRC.

2.Incidentally, after ratifying in 1990, Ghana’s initial report which was to be submitted in 1992 was delayed and submitted in 1995. Again, the second periodic report which was due in 1997 was also submitted in March 2005, when the third report was already due. This culminated in the submission of a consolidated report to the United Nations Committee on the Rights of the Child (UNCRC) in 2005 to cover the second and third reporting periods.

3.After considering Ghana’s second periodic (2nd & 3rd Consolidated) report, the UNCRC adopted it at the 1120th meeting held on 27th January, 2006. The next periodic report of Ghana was fixed for 1st September, 2012 and the Committee urged that Ghana’s next periodic report be consolidated to include the 3rd, 4th and 5th periodic reports, and submitted eighteen months before its due date, which was by 1st March, 2011.

4.The processes involved in ensuring the collection and analysis of adequate and reliable data for the current periodic report were slow, thus affecting Ghana, once again to submit its report at the due date.

5.The report was compiled by the Information Research and Advocacy Division (IRAD) of the Department of Children (DOC) of the Ministry of Women and Children’s Affairs (MOWAC) with inputs from all relevant child-focus state institutions.

6.To the start the process, the IRAD organized series of strategic national, regional and district fora with stakeholders, community members, including children, to inform and discuss the structure and contents of the report. IRAD later designed questionnaires based on the UNCRC reporting guidelines and sent them to relevant child-focused government agencies to provide the information required. Deadlines were set for the submission of the information requested from strategic partners, the responses, were very encouraging and most partners beat the deadlines set. IRAD put together the information gathered from the various agencies into a Zero draft report, circulated it in an intermediary feedback process to allow partners see the first draft report and make additional inputs.

7.A small core team made up of selected experts from the various Ministries, Departments and Agencies (MDAs), Civil Society Groups, including Non-Governmental Organisations (NGOs), and the media was set up by MOWAC to thoroughly review the report. Subsequently, groups of children were met in series of regional meetings to make additional inputs after which, a stakeholder meeting of child rights practitioners met to fine-tune the final report. The Government of Ghana (GOG) and the United Nations Children Fund (UNICEF) provided funds for the various meetings.

8.The report addresses concerns raised in Ghana’s previous consolidated report submitted in 2005 to the Committee. This report is a ten chapter document, which focuses on the main clusters of the CRC. The review period falls within 2005 and 2010, however, since the report is being submitted in 2012, some important issues that occurred in 2011 and 2012 have been reported.

9.The report begins with an introduction, and continues with a section on General Measures of Implementation as the next chapter. The second chapter highlights new legislations, policies and programmes undertaken by government and its partners to implement CRC in Ghana. The third chapter is on the Definition of the Child, which highlights other age definitions which exist aside to the age of a child. The fourth chapter is on General Principles, in regard to how Ghana has fared in dealing with issues of non-discrimination, best interest of the child, survival, protection, development, and child participation within the review period.

10. The report also touches on Civil Rights and Freedoms of the Ghanaian child as the fifth chapter. The chapter makes particular references to births and deaths registration, children’s access to information, the status of the use of corporal punishment on children, and how Ghana has addressed concerns regarding the existence of harmful and abusive socio-cultural practices. Chapter six is on Family and Alternative care, whilst the seventh chapter is on Basic Health and Welfare of the Ghanaian Child. Achievements and challenges in regard to child right implementation in the health and welfare sector have been highlighted. Children’s Education, Leisure and Cultural activities are presented extensively in the eighth chapter. The ninth chapter is on Special Protection Measures which have been implemented to address issues faced by children in extremely difficult situations such as those in conflict with the law, children in trafficking, street and other exploitative circumstances. The last chapter is on Optional Protocols to the Convention on the Rights of the Child.

CHAPTER TWO

GENERAL MEASURES OF IMPLEMENTATION

2.1Committee’s Concluding Observations of Initial Report: General Measures of Implementation

11.In its concluding comments on the State Party’s previous report, the Committee acknowledged the difficult socio-economic conditions, high-level external debt and poverty which constrained Ghana from granting children their rights to the achievement of effective enjoyment of the rights of the child. The Committee noted the State Party’s inability to sufficiently address follow-up concerns raised in Ghana’s Initial report. It urged the State Party to take all necessary measures to address recommendations raised on data collection, corporal punishment and child labour.