{"id":6357,"date":"2025-03-05T11:04:10","date_gmt":"2025-03-05T11:04:10","guid":{"rendered":"https:\/\/web.aoholdings.net\/chraj2\/?p=6357"},"modified":"2025-03-05T11:04:10","modified_gmt":"2025-03-05T11:04:10","slug":"realisation-of-freedoms-under-constitution","status":"publish","type":"post","link":"https:\/\/web.aoholdings.net\/chraj2\/2025\/03\/05\/realisation-of-freedoms-under-constitution\/","title":{"rendered":"REALISATION OF FREEDOMS\u2026 UNDER CONSTITUTION"},"content":{"rendered":"

On September 21, 2023 it was \u00a0widely reported \u00a0that \u00a0protestors who had gathered around \u00a0the 37 Bus \u00a0station to exercise their \u00a0constitutional right to demonstrate were \u00a0arrested, manhandled and \u00a0subsequently detained at various police \u00a0stations \u00a0within \u00a0Accra \u00a0by the Police.\u00a0\u00a0<\/strong><\/p>\n

It was also reported that protestors \u00a0at some point were denied access to \u00a0their lawyers.<\/p>\n

The \u00a0reason for the Police response was that court processes to place \u00a0an injunction \u00a0on the protest \u00a0had been served \u00a0on \u00a0lawyers \u00a0of \u00a0the \u00a0leadership of protestors, \u00a0 and \u00a0therefore, \u00a0 deemed \u00a0 such assembly \u00a0unlawful.<\/p>\n

Freedom of assembly (otherwise known as right to protest or right to demonstrate) is a basic right \u00a0vital \u00a0to an individual\u2019s \u00a0personal \u00a0development and political consciousness and enhances participation \u00a0 in the conduct \u00a0of public \u00a0affairs in his \u00a0country.<\/p>\n

The right by its nature also provides citizens with \u00a0the tool to express their concerns and demand \u00a0accountability from \u00a0the government.<\/p>\n

The \u00a0right enables individuals to express themselves collectively and \u00a0to \u00a0participate in shaping their societies.<\/p>\n

The right is of keen historic \u00a0significance \u00a0and this was duly recognised \u00a0by Amua-Sekyi JSC in New Patriotic \u00a0Party v. Inspector \u00a0General \u00a0of Police [1993-94] \u00a02 GLR 459-509.<\/p>\n

The \u00a0freedom \u00a0of assembly \u00a0 is guaranteed \u00a0 under \u00a0chapter \u00a05 specifically of the 1992 Constitution.<\/p>\n

Additionally, article \u00a0 11 \u00a0of \u00a0the \u00a0African Charter on Human and \u00a0People\u2019s Rights similarly indicates that \u201cevery individual shall \u00a0have the right to freely \u00a0assemble \u00a0with others \u2026.. \u201d<\/p>\n

The Commission \u00a0 learns \u00a0that the \u00a0leadership \u00a0of the protestors \u00a0had given \u00a0notice \u00a0to the Police \u00a0several \u00a0days back to facilitate \u00a0discussions \u00a0on the date, possible \u00a0routes to use in order to ensure \u00a0a problem-free \u00a0 protest.<\/p>\n

The basis for the Police \u00a0action \u00a0as the \u00a0Commission \u00a0 understands \u00a0 was \u00a0that \u00a0it had \u00a0served \u00a0some \u00a0court \u00a0process \u00a0on the lawyers \u00a0of the leadership \u00a0of the protestors \u00a0and therefore \u00a0considered \u00a0any attempt to undertake \u00a0the protests \u00a0as unlawful \u00a0hence \u00a0giving rise to arrests and detention \u00a0of protestors.<\/p>\n

The Commission sadly notes that Police \u00a0 response over \u00a0 the \u00a0 years \u00a0 against protestors \u00a0have been disproportionate \u00a0 and leaves \u00a0much \u00a0to be desired.<\/p>\n

It is in this context \u00a0that the Commission\u00a0 deems \u00a0it appropriate \u00a0as the National Human \u00a0Rights Institution (NHRl) \u00a0with the mandate to promote and protect \u00a0human \u00a0rights \u00a0under the Constitution and CHRAJ \u00a0Act, \u00a01993 (Act \u00a0456) \u00a0and its obligations under \u00a0the Paris Principles to issue an advisory \u00a0to relevant \u00a0state actors on matters \u00a0of \u00a0human rights concern.<\/p>\n

While \u00a0the \u00a0right \u00a0to \u00a0demonstrate is recognised by \u00a0the \u00a0state \u00a0as \u00a0constitutionally guaranteed, the \u00a0contention is \u00a0in relation to how \u00a0the \u00a0right should \u00a0be exercised against other \u00a0 competing \u00a0 \u00a0legitimate \u00a0 interests, such as, \u00a0public safety, national security, public health, the running\u00a0 of \u00a0essential\u00a0 services often cited \u00a0by law enforcement officials \u00a0to justify \u00a0restriction \u00a0of the right.<\/p>\n

It is important \u00a0to indicate that the right \u00a0in issue \u00a0is a human and constitutional right \u00a0and therefore any limitation \u00a0placed \u00a0on the right \u00a0must \u00a0satisfy \u00a0the threshold \u00a0stipulated \u00a0under \u00a0human rights \u00a0law.<\/p>\n

Issued by CHRAJ, on September 27, 2023.<\/p>\n

Old Parliament House.<\/p>\n","protected":false},"excerpt":{"rendered":"

On September 21, 2023 it was \u00a0widely reported \u00a0that \u00a0protestors who had gathered around \u00a0the 37 Bus \u00a0station to exercise their \u00a0constitutional right to demonstrate were \u00a0arrested, manhandled and \u00a0subsequently […]<\/p>\n","protected":false},"author":1,"featured_media":6305,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"ngg_post_thumbnail":0,"footnotes":""},"categories":[21],"tags":[],"class_list":["post-6357","post","type-post","status-publish","format-standard","has-post-thumbnail","hentry","category-chraj-in-the-news"],"rttpg_featured_image_url":{"full":["https:\/\/web.aoholdings.net\/chraj2\/wp-content\/uploads\/2025\/03\/Commissioner-Whittal-CHRAJ1.webp",543,337,false],"landscape":["https:\/\/web.aoholdings.net\/chraj2\/wp-content\/uploads\/2025\/03\/Commissioner-Whittal-CHRAJ1.webp",543,337,false],"portraits":["https:\/\/web.aoholdings.net\/chraj2\/wp-content\/uploads\/2025\/03\/Commissioner-Whittal-CHRAJ1.webp",543,337,false],"thumbnail":["https:\/\/web.aoholdings.net\/chraj2\/wp-content\/uploads\/2025\/03\/Commissioner-Whittal-CHRAJ1-150x150.webp",150,150,true],"medium":["https:\/\/web.aoholdings.net\/chraj2\/wp-content\/uploads\/2025\/03\/Commissioner-Whittal-CHRAJ1-300x186.webp",300,186,true],"large":["https:\/\/web.aoholdings.net\/chraj2\/wp-content\/uploads\/2025\/03\/Commissioner-Whittal-CHRAJ1.webp",525,326,false],"1536x1536":["https:\/\/web.aoholdings.net\/chraj2\/wp-content\/uploads\/2025\/03\/Commissioner-Whittal-CHRAJ1.webp",543,337,false],"2048x2048":["https:\/\/web.aoholdings.net\/chraj2\/wp-content\/uploads\/2025\/03\/Commissioner-Whittal-CHRAJ1.webp",543,337,false],"sopot_268x199":["https:\/\/web.aoholdings.net\/chraj2\/wp-content\/uploads\/2025\/03\/Commissioner-Whittal-CHRAJ1-268x199.webp",268,199,true],"sopot_570x355":["https:\/\/web.aoholdings.net\/chraj2\/wp-content\/uploads\/2025\/03\/Commissioner-Whittal-CHRAJ1.webp",543,337,false],"sopot_270x161":["https:\/\/web.aoholdings.net\/chraj2\/wp-content\/uploads\/2025\/03\/Commissioner-Whittal-CHRAJ1-270x161.webp",270,161,true],"sopot_770x415":["https:\/\/web.aoholdings.net\/chraj2\/wp-content\/uploads\/2025\/03\/Commissioner-Whittal-CHRAJ1.webp",543,337,false],"sopot_1170x415":["https:\/\/web.aoholdings.net\/chraj2\/wp-content\/uploads\/2025\/03\/Commissioner-Whittal-CHRAJ1.webp",543,337,false]},"rttpg_author":{"display_name":"admin","author_link":"https:\/\/web.aoholdings.net\/chraj2\/author\/admin\/"},"rttpg_comment":0,"rttpg_category":"CHRAJ In The News<\/a>","rttpg_excerpt":"On September 21, 2023 it was \u00a0widely reported \u00a0that \u00a0protestors who had gathered around \u00a0the 37 Bus \u00a0station to exercise their \u00a0constitutional right to demonstrate were \u00a0arrested, manhandled and \u00a0subsequently […]","_links":{"self":[{"href":"https:\/\/web.aoholdings.net\/chraj2\/wp-json\/wp\/v2\/posts\/6357","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/web.aoholdings.net\/chraj2\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/web.aoholdings.net\/chraj2\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/web.aoholdings.net\/chraj2\/wp-json\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"https:\/\/web.aoholdings.net\/chraj2\/wp-json\/wp\/v2\/comments?post=6357"}],"version-history":[{"count":1,"href":"https:\/\/web.aoholdings.net\/chraj2\/wp-json\/wp\/v2\/posts\/6357\/revisions"}],"predecessor-version":[{"id":6358,"href":"https:\/\/web.aoholdings.net\/chraj2\/wp-json\/wp\/v2\/posts\/6357\/revisions\/6358"}],"wp:featuredmedia":[{"embeddable":true,"href":"https:\/\/web.aoholdings.net\/chraj2\/wp-json\/wp\/v2\/media\/6305"}],"wp:attachment":[{"href":"https:\/\/web.aoholdings.net\/chraj2\/wp-json\/wp\/v2\/media?parent=6357"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/web.aoholdings.net\/chraj2\/wp-json\/wp\/v2\/categories?post=6357"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/web.aoholdings.net\/chraj2\/wp-json\/wp\/v2\/tags?post=6357"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}