Transitional justice in Ghana : an appraisal of the National Reconciliation Commission
This book situates Ghana's truth-telling process, which took place from 2002 to 2004, within the discourse on the effectiveness of the different mechanisms used by post-conflict and post-dictatorship societies to address gross human rights violations. The National Reconciliation Commission was the most comprehensive transitional justice mechanism employed during Ghana's transitional process in addition to amnesties, reparations and minimal institutional reforms. Due to a blanket amnesty that derailed all prospects of resorting to judicial mechanisms to address gross human rights violations, the commission was established as an alternative to prosecutions. Against this background, the author undertakes a holistic assessment of the National Reconciliation Commission's features, mandate, procedure and aftermath to ascertain the loopholes in Ghana's transitional process. She defines criteria for the assessment, which can be utilised with some modifications to assess the impact of other transitional justice mechanisms. Furthermore, she also reflects on the options and possible setbacks for future attempts to address the gaps in the mechanisms utilised. With a detailed account of the human rights violations perpetrated in Ghana from 1957 to 1993, this volume of the International Criminal Justice Series provides a useful insight into the factors that shape the outcomes of transitional justice processes. Given its combination of normative, comparative and empirical approaches, the book will be useful to academics, students, practitioners and policy makers by fostering their understanding of the implications of the different features of truth commissions, the methods for assessing transitional justice mechanisms, and the different factors to consider when designing mechanisms to address gross human rights violations in the aftermath of a conflict or dictatorship. Marian Yankson-Mensah is a Researcher and Project Officer at the International Nuremberg Principles Academy in Nu remberg, Germany
Electronic books
1 online resource (263 pages)
9789462653795, 9462653798
1151190908
Intro
Foreword
Acknowledgements
Contents
Abbreviations and Acronyms
List of Figures
List of Tables
1 Introduction
Abstract
1.1 Background to the Study
1.1.1 Defining Transitional Justice
1.1.2 Tracing the Roots of Transitional Justice
1.1.3 Transitional Justice and Truth Commissions
1.1.4 The Origin of Truth Commissions
1.1.5 The Right to Truth
1.1.6 Benefits and Shortcomings of Truth Commissions
1.2 Objectives and Methodology
1.2.1 Historical Review
1.2.2 Normative Analysis
1.2.3 Comparative Analysis
1.2.4 Empirical Analysis 1.3 Structure of the Book
References
2 Historical Background to the Establishment of the National Reconciliation Commission
Abstract
2.1 Introductory Remarks
2.2 Early Signs of Social Division in Ghana
2.2.1 Nkrumah and the United Gold Coast Convention
2.2.2 The National Liberation Movement
2.2.3 The Togoland Factor
2.3 Ghana's First Republican Regime (6 March 1957 to 24 February 1966)
2.4 The Genesis of Military Rule: The National Liberation Council (24 February 1966 to 1 October 1969) 2.5 A Second Venture into Constitutional Democracy: The Government of the Progress Party (1 October 1969 to 13 January 1972)
2.6 The Return to Military Rule (1972-1979)
2.6.1 The National Redemption Council and the First Supreme Military Council (13 January 1972 to 5 July 1978)
2.6.2 The Second Supreme Military Council (5 July 1978 to 4 June 1979)
2.6.3 The Armed Forces Revolutionary Council (4 June 1979 to 24 September 1979)
2.7 The Third Republic: Peoples' National Party (24 September 1979 to 31 December 1981) 2.8 The Second Coming of Rawlings: The Provisional National Defence Council (31 December 1981 to 7 January 1993)
2.9 Transition to Democracy and the National Reconciliation Commission
2.10 Chapter Summary
References
3 The Legal Framework of the National Reconciliation Commission
Abstract
3.1 Introductory Remarks
3.2 Reasons for the Establishment of the National Reconciliation Commission
3.2.1 The Amnesty Provisions Under the 1992 Constitution
3.2.2 Complexities with Amending the Amnesty Provisions
3.2.3 Absence of a Transitional Justice Policy for the Country 3.2.4 The Principle of Legality (Nullum Crimen, Nulla Poena Sine Lege)
3.2.5 Other Factors
3.3 The Features of the National Reconciliation Commission
3.3.1 Time Frame for Operation
3.3.2 Membership and Staffing
3.3.3 Independence of the National Reconciliation Commission
3.3.4 Confidentiality of Information
3.3.5 Objects and Mandate of the National Reconciliation Commission
3.3.6 Powers of the National Reconciliation Commission
3.3.6.1 Administrative Powers
3.3.6.2 Subpoena Powers and Other Witness-Related Powers
3.3.6.3 Search and Seizure Powers
3.3.6.4 Proceedings of the National Reconciliation Commission