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In an ostensible advice to demonstrators who occupied Jubilee house and the NDC who sought a removal of the heads of the Bank of Ghana through protest, the Ghana Bar Association (GBA) has issued a 7-point guideline for both protestors and the police in the organisation and conduct of demonstrations.
The GBA in a commenting on matters subsequent to the Ghana Bar Association Annual Conference said their silence on incidents during the September protest was well adviced as they err on the side of verification of facts than speedy public reaction to national issues.
The President of the Association who read a speech on behalf of the Association to the press in Accra said they had communication with Mr. Baker Vormawor and Mr. Richmond Rockson Esq. who suffered some manhandling during a series of arrests of protestors. The Bar Association said it is ready to offer assistance to the above named lawyers albeit recognising an apology from the Inspector General of Police to the above named lawyers.
Armed with news surrounding the organisation of protests and police orchestrations deemed to be stifling of such protests, the Bar Association provided the following suggestions for organisers of demonstrations, demonstrators and the police:
1) "That in the exercise of the right and freedom to embark on or take part in processions and demonstrations, such processions and demonstrations should have identifiable and recognized organisers or leaders;
2)That people who embark on or take part in processions and demonstrations should have their reasons and grievances for embarking on and taking part in the procession and demonstration clearly outlined in a written petition to be submitted through the identifiable and recognised leaders or organisers of the procession or demonstration, to the affected or targeted person or leadership of the affected or targeted institution;
3)That inasmuch as possible, the identifiable and recognised organisers or leaders of people embarking on or taking part in processions and demonstrations should agree to routes to be used during such processions and demonstrations so as avoid situations where the rights and freedoms of other people who may not be embarking on or taking part in the demonstration and procession are not unduly and flagrantly violated or trampled upon. For instance, if people who embark on or take part in processions and demonstrations use principal and major routes leading to major health facilities, this may unduly impede access to such facilities, thus may be unnecessarily temporarily depriving people of unimpeded access to health care at that moment. Another example is, where people who embark on or take part in processions and demonstrations use routes leading to major business centres such as the Central Business District and this may lead to violating peoples’ right to freedom to engage in decent and legitimate economic activities for their survival;
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4)That as provided by Article 17(1) of the 1992 Constitution, all persons shall be equal before the law. This means that there shall be no selective application of the laws of Ghana or preferential treatment of persons suspected to have violated any law in Ghana. Thus, the Police have the right to restrict, arrest or detain any person embarking on or taking part in a procession or demonstration on suspicion that that person has violated a law. However, the Police in enforcing the law, must always be mindful of the provisions of the Constitution. The Constitution in Article 15(1) and (2) provide that the dignity of all persons shall be inviolable. The said provisions of the Constitution also provide that no person shall be subjected to torture or other cruel, inhuman or degrading treatment or punishment, or any other condition that detracts or is likely to detract from his dignity and worth as a human being whether or not the person is arrested, restricted or detained;
5) That persons embarking on or taking part in processions and demonstrations should always be mindful that the presence of the Police during processions and demonstrations is to offer protection for the protesters and demonstrators and also to ensure that law and order is maintained during processions and demonstration. Demonstrators and protesters should therefore desist from provocatively pelting substances, including stones at the Police;
6) That there is the need for a national dialogue for there to be an agreement as to which installations qualify to be designated as security zones in respect of which there should be no demonstration on its premises;
7) The theme for demonstrations should not be couched in insulting and derogatory terms. Julorbi, a Ga word. translates as the child of a thief. Even though, protests and demonstrations are an integral part of activism in constitutional democracies care must be taken that such demonstrations are organised in an orderly and decent manner devoid of insults."
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