Adv. Lawrence Mushwana, ICC Chair and Chair of SAHRC ( South Africa )

ADDRESS DELIVERED BY MR JOSEPH WHITTAL, DEPUTY COMMISSIONER, CHRAJ, GHANA ON THE TOPIC: MEANS OF IMPLEMENTATION, THE ROLE OF NHRIs, DRAWING ON BEST PRACTICE FROM THE MDGS AND OTHER AREAS OF WORK AT THE 12TH INTERNATIONAL CONFERENCE OF NATIONAL HUMAN RIGHTS FOR THE PROMOTION AND PROTECTION OF HUMAN RIGHTS 8-10TH OCTOBER 2015, HYATT REGENCY HOTEL, MERIDA, MEXICO

Mr Chairman,

President Luis Raul Gonzalez Perez of the Mexican National Human Rights Commission and Host of Conference,

Adv. Lawrence Mushwana, ICC Chair and Chair of SAHRC ( South Africa ),

Members of the Diplomatic Corps present,

Colleague NHRIs Representatives,

Colleague Panelists,

Members of the Media present,

Ladies and Gentlemen.

It is indeed my pleasure to share some thoughts generally on the theme of Conference: The Sustainable Development Goals (SDGs), what role for National Human Rights Institutions and more particularly on the topic: Means of implementation, the roles of NHRIs, drawing on best practice from the MDGs and other areas of work. It is my hope that the necessary discussion will be generated thereby and would contribute to better conference outcomes. I will anchor my presentation on Ghana.

Chair,

Before delving into the main topic, permit me to commend the present leadership of the ICC, the Regional Networks and the other tripartite Stakeholders of the OHCHR and the UNDP who have been working so hard to make NHRIs an effective bridge in the promotion and protection of human rights in domestic or national circumstances whiles at the same time being our voice at the international level especially in interfacing with the UN and the Treaty Bodies and other WGs. Your effective leadership is not lost on us especially in the run-up to the development of the SDGs and their adoption and beyond. The human rights-based approach to development embedded in the SDGs might not have taken place if you had not fought hard for its mainstreaming. The first lesson one learns from this is had this proactive, almost militant advocacy been adopted when the MDGs were being developed at the turn of the 21st Century the story and outcomes of the MDGs might have been different. Is this a missed opportunity? Your guess is as good as mine. At the international level, as you continue to engage the UN system and other Inter-Governmental Agencies on behalf of NHRIs in the implementation of the SDGs it is our expectation that you continue the proactive advocacy.

Chair,

Simply put, the topic requires us to take stock of the 15 year implementation of the MDGs as the first aspirational long term development framework that all 189 member States of the UN committed to and as we stand on the brink yet another 15 year development agenda are there any best practices that we can adopt and/or adapt or any lessons that we can learn from.

To attempt to answer this question, I intend to examine how the State of Ghana and the Commission on Human Rights and Administrative Justice ( CHRAJ) implemented the MDGs and the role played by the Commission in the course of implementation which I dare to say were best practices for discussion of conference.

Introduction and background

Chair,

The UN Millennium Declaration of 2000 is predicated on the need to deal with the global challenges that impede development. The MDGs were fundamental values denominated into goals and targets that were meant to shape and drive international relations in the twenty-first century. These values include: freedom from want (eradication of extreme poverty); equal access to basic services; gender equality; solidarity; tolerance; respect for nature; and a development paradigm based on shared responsibility. It can be argued that implementation of the MDGs mark a significant turning point in confronting the developmental challenges of the twenty-first century.

Like most African countries, Ghana has been committed to the implementation of the MDGs. The country was among the 189 member states at the UN General Assembly that endorsed the MDGs in September 2001. Domestically, Ghana’s 1992 Constitution provides the necessary legal basis for implementation of the MDGs. Specifically, Article 36(1) (2) (e) of the Constitution provides that:

The State shall take all necessary action to ensure that the national economy is managed in such a manner as to maximise the rate of economic development and to secure the maximum welfare, freedom and happiness of every person in Ghana and to provide adequate means of livelihood and suitable employment and public assistance to the needy”

Policy framework for implementation of the MDGs

Ghana’s policy infrastructure for the implementation of the MDGs is driven by the National Development Planning Commission (NDPC) as the lead public institution responsible for formulating plans and monitoring of the implementation of the MDGs. NDPC’s core mandate includes making proposals for the development of multi-year rolling plans for the country as well as monitor, evaluate and co-ordinate development policy, programmes and projects in Ghana (see Article 87(2) of the Constitution).

In terms of the framework for implementation, the MDGs were mainstreamed into Ghana’s medium-term development strategies over time, namely Ghana Poverty Reduction Strategy (GPRSP I); Growth and Poverty Reduction Strategy (GPRSP II); Ghana Shared Growth and Development Agenda (GSGDA I) and Ghana Shared Growth and Development Agenda (GSGDA II).

Achievements or progress made by Ghana in the implementation of the MDGs have been reckoned to be mixed ( viz GoG/UNDP, 2010 Millennium Development Goals Report, November 2012; GoG/UNDP, 2015 Ghana Millennium Development Goals Report, September 2015). Generally, Ghana has been able to achieve MDG 1 (eradication of extreme poverty and hunger). Developing countries, including sub-Saharan Africa, continue to be saddled with developmental challenges of unprecedented proportions; these challenges stunt their socio-economic growth and development.

In view of the above, it can be argued that MDG 1 represents an overarching goal/target, which provides the necessary foundation and impetus for the realisation of the remaining seven goals/targets. For instance, extreme poverty was eradicated in Ghana ahead of the 2015 target date. For example, it is estimated that between 1991/1992 and 2005/2006 the incidence of extreme poverty declined from 36.5 percent to 18.2 percent (2012 MDGs Report, November 2012). Therefore, Ghana was able to reduce extreme poverty by more than half ahead of the 2015 target date. However, it should be noted that the progress made in the eradication of extreme poverty is unbalanced and skewed in favour of the highly urbanised, economically vibrant regions and communities in the country. Meanwhile, the three Northern regions comprising the Northern, Upper East and Upper West, are the most deprived and poverty-stricken geographical regions in Ghana.

Chair,

Implementation of the MDGs in Ghana – Achievements/Best Practices

This presentation focuses on certain key human rights-related MDGs, which have largely been achieved in Ghana and should possibly be benchmarked as best practice in terms of the measures adopted for their implementation. These MDGs hinge on the right to education (free, compulsory universal education (FCUBE)), promoting gender equality and the right to health. These are:

·  MDG 2A - achieve universal primary education.

·  MDG 3 - promote gender equality and empowerment of women, particularly focusing on MDG 3A (eliminating gender disparity in primary and secondary education).

·  MDG 6 – combat HIV/AIDS.

MDG 2: achieve universal primary education (right to basic education or FCUBE)

Achievements

Ghana exceeded the gross enrolment and completion target. However, net enrolment is still a challenge. Gross enrolment ratio (GER) in primary school increased from 95 percent in 2007/2008 to 107 percent 2013/2014. Net enrolment ratio (NER) increased from 81 percent in 2006/2007 to 88.5 percent in 2008/2009 and reached 89.3 percent in 2013/2014 – the increase in NER has been tardy. And overall, completion rate in primary schools exceeded the target by 12.4 percent.

These achievements were propelled by direct policy interventions such as the introduction of social protection programmes such as school feeding, capitation grant, free school uniforms, textbooks and sandals. Other policy measures included elimination of schools under trees, especially in the rural areas, through targeted investment in building schools to replace all primary schools still taught under trees in this day and age of computers etc.

The key institutions responsible for implementation of this target were the Ministry of Education; Ministry of Gender, Children and Social Protection; and the Ghana Education Trust Fund (GETFund).

Key challenges

The following were the key implementation challenges:

·  Inadequate infrastructure and basic teaching tools – i.e many schools in the rural areas lack adequate classrooms and textbooks for effective teaching.

·  Low morale and relatively poor conditions of service of teachers (in spite of introduction of single spine salary payment by government) affect quality of education. The quality of education is exacerbated by the reluctance of teachers to accept postings to the rural areas.

MDG 6 – Combat HIV/AIDS, malaria and other diseases

Achievements

HIV prevalence has fallen from 3.6 percent as of 2007 to 1.3 percent by 2013. This achievement is attributed to measures taken by key institutions involved in combating the pandemic. These include the Ghana Aids Commission (GAC), National Aids Control Programme (NACP), the Commission on Human Rights and Administrative Justice (CHRAJ) and a swathe of civil society organisations (CSOs) dealing with the disease. In terms of policy measures, expanded access to anti-retroviral therapy (ART) has contributed to the decline in HIV and AIDS-related deaths and mother-to-child transmission as well as intensive counselling (including advocacy on the myths and realities associated with the disease) and testing initiatives at the community level.

In spite of the above, stigma and discrimination against persons living with HIV and AIDS (PLWHA) and key populations (KPs) - i.e. female sex workers, men who have sex with men (MSM), etc.) have hampered the progress so far made. For instance, stigma and discrimination affect access to health, education, employment, housing, etc.

CHRAJ-GAC collaboration to combat stigma and discrimination

In response to the challenge of stigma and discrimination, consistent with CHRAJ’s human rights mandate, CHRAJ and GAC entered into a memorandum of understanding (MOU) aimed at protecting the rights of PLWHA and KPs. In this regard, a dedicated unit, the Health Rights Desk (HRD), has been established within CHRAJ. As a sequel, a web-based Discrimination Reporting System (DRS) has also been created within CHRAJ to facilitate logging in of complaints/reports bordering on stigma and discrimination from either PLWHA or KPs directly or indirectly through civil society organisations (CSOs) acting on behalf of the former without the victims having to physically walk-in to Commission’s offices nationwide. Both HRD and DRS are manned by specialised staff of CHRAJ who receive and investigate complaints and provide the necessary remedies in respect of the complaints lodged with the HRD.

CHRAJ, GAC, Ghana Police Service and CSOs are key institutions that facilitate implementation of activities of the HRD, particularly measures taken to combat stigma and discrimination perpetrated against PLWHA and KPs. CHRAJ, on the other hand, provides the necessary oversight in terms of coordination as well as ensuring that rights of all persons are protected and remedy provided if possible after investigations regardless of the person’s status.

Key challenges

The key challenges affecting effective implementation of target are:

·  High level of stigmatisation and discrimination.

·  Lack of efficient monitoring and accountability machinery.

·  Ineffective coordination of the national response.

Funding mechanism for implementing of MDGs

Funding for implementation of national development strategies or programmes has been a shared responsibility between the government of Ghana (GoG) and Development Partners (DPs). For instance, implementation of Ghana’s medium-term development strategy as well as the MDGs was supported (financially and technically) by DPs through disbursements made under the Multi Donor Budget Support System (MDBS) which was introduced in 2003 (MDBS is funded by the Netherlands, Canada, Denmark, Germany, France, Switzerland, Japan, DFID, European Commission, World Bank, and the African Development Bank. The observers are UNDP, UNICEF, IMF and USAID). Other funding sources such as the Heavily Indebted Poor Countries Initiative (HIPC), Multilateral Debt Relief Initiative (MDRI) and the US Millennium Challenge Account (MCA) have largely supported the implementation of the MDGs in Ghana.

At the institutional level, DPs notably the United nations Development Programme (UNDP), United Nations Children’s Fund (UNICEF), European Union (EU), Department for International Development (DFID) and Danish International Development Agency (DANIDA) had and continue to support Ghana’s development efforts, including implementation of the MDGs. Concerning implementation of the MDGs, UNDP had been the key DP that partnered Ghana Government in this regard.

Under its development assistance framework (UNDAF), UNDP has been implementing the MDGs through the Millennium Development project. Specifically, under the fourth UNDAF (2012-2016), UNDP, guided by the theme Delivering as One to Achieve the MDGs (also called One UN) focused its development assistance on food security and nutrition, sustainable energy and human settlements, human development and productive capacity for improved social services, and transparent and accountable governance. In this regard, under the Transparent and Accountable Governance development assistance framework, UNDP supported implementation of MDGs 1, 2, 3, 4, 5 and 7. (UNDP/UNDAF (2012-2016). UN Country Team, Ghana, April 2011).

Role of NHRIs in the implementation of the MDGs – CHRAJ’s Best Practice

Conceptually, implementation of the MDGs in Ghana did not include CHRAJ as a national human rights institution (NHRI) capable of playing a role in the implementation process. Policy formulation and the ensuing implementation processes were driven by the NDPC. It is noteworthy to indicate that, as a matter of routine and at institutional level, NDPC involves CHRAJ in the consultative processes that lead to the formulation of composite national medium-term development plans in order to harmonise CHRAJ’s annual work plans/activities with the national development plans.

DEVELOPMENT PARTNERS/ GHANA GOVERNMENT GOVERNANCE MEETINGS

Through the monthly governance meetings that DPs have with Government which are attended by the Commission leveraging on its broad mandate straddling human rights, anti-corruption and the Ombudsman the input of the Commission is sought in the formulation of targets and triggers. Some of these targets and triggers relate to MDGs whiles others relate generally to governance issues such as the fight against corruption. At the instance and advice of the Commission the development and implementation of a national anti-corruption action plan for Ghana was made a trigger without which substantial budget support would be withheld. This has been achieved with the plan adopted by Parliament as a bi-partisan document. It has been captured in the present National Development Framework ( GSGDA11) and is presently being implemented with the Commission as the major facilitator whiles the office of the President is the main implementor.