Ethno-Net Database: Ghana

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IRIN

The article: "Rawlings asked to respond to torture allegations"

Ghana's National Reconciliation Commission (NRC) has asked former president Jerry Rawlings to answer allegations that he witnessed the torture and murder of political activists in 1984, while he was head of state.

The NRC's public relations officer, Annie Anipa, told IRIN on Tuesday that two letters were sent to Rawlings last week, requesting him to answer the allegations by 28 March. He could respond in writing, but might later be invited to appear before the commission to testify and cross-examine those who made allegations against him.

"One of the witnesses, Kwaku Baako [a newspaper editor] testified that he was tortured before the former president. He also said he witnessed a military officer shot before the ex-president in 1984. One letter is toask him [Rawlings] to answer these allegations," Anipa said. "The second letter is to ask him to respond to another allegation by a former Air Force officer that the former President wanted him killed."

On Tuesday, the BBC quoted a spokesman for Rawlings, Victor Smith, assaying the allegations were "hearsay". Smith said Rawlings had sought from his lawyers and would write to the NRC by the deadline. The former president, he added, was ready to appear before the commission any day ifhe was invited to do so.

The NRC, modeled after the former South African Truth and Reconciliation Commission, is mandated to find out the truth about past human rights abuses and help those who were hurt by the abuses to deal with their pain and to move on with their lives. Its mandate is also to "help those who participated in the abuses to come to terms with the experiences and obtain forgiveness".

Opposition politicians have, however, criticised the NRC, saying it was set up by the government of President John Kufuor to "witch-hunt" former leaders.

The commission's focus is on "periods of unconstitutional rule in Ghana's history since independence", i.e. 24 February 1966 to 21 August 1969, 13 January 1972 to 23 September 1979 and 31 December 1981 to 6 January 1993.

Ghana was ruled by military leaders during the periods in question:Generals Joseph Ankara and Akwasi Afrifa (1966-1969), Kufu Acheampong and Frederick Akuffo (1972-1979) and Rawlings in June-September 1979 and again in 1981-1993. Human rights abuses committed over this period included the executions of Afrifa, Acheampong, Akuffo and several prominent Ghanaians in 1979 on allegations ranging from corruption to sabotage.

The NRC had received at least 2,737 complaints by December 2002, covering abductions, killings, disappearances, torture, ill treatment, and seizure of property between 5 March 1957 and 6 January 1993.

Liberian refugees in Buduburam camp, 35 km west of the capital city, Accra, have created a neighbourhood watch team to enhance their security. The team comprises 200 male and female volunteers who patrol the camp at night and support the Ghanaian police, UNHCR reported on Thursday.

"UNHCR saw this as an invaluable opportunity to assist the camp with security issues and support refugee action ... the team is guided by astatute, developed with assistance from a UNHCR protection officer,defining the roles and responsibilities of each member and of the organisation as a whole [and] was accepted by the Ghana police service, which screened and trained members," UNHCR said.

The camp hosts Ghana's largest concentration of Liberians: some 28,000 refugees who fled their country during 13 years of unrest. The camp hadcome to be known as a "hotbed" of criminal activity. "We should now seek to extend this example and prove to all that refugees and host communities can, not only live peacefully side by side, but also work together to create and maintain a safe and secure environment for all," UNHCR Representative Thomas Albrecht said.

The effort was highlighted recently when the Ghanaian government inaugurated a refugee community mobilisation project to improve the physical safety of the camp's residents. The inauguration in mid-February was attended by the Ghanaian deputy interior minister, Kwadwo AframAsiedu, and representatives of the Ghana police service, Ghana refugee board and UNHCR.

A year-long crisis in the Dagbon kingdom of northern Ghana has adversely affected the socio-economic development of the area and its people, in addition to its security implications, a senior Ghanaian official said.

Kwame Addo Kufuor, minister of defense and acting minister of the interior, told students of the University for Development Studies at Nyankpala, northern Ghana, on Saturday, that attempts to reconcile the people of Dagbon had been very slow.

The crisis broke out in March 2002. It resuilted from nearly 40 years of conflict between the Andani and Abudu clans over the position of Dagbon king. The clashes climaxed on March 27, when three days of violence at Yendi, seat of the kingdom, resulted in the murder of the king and about 29 other people. Several houses including the palace were burnt.

The government declared a state of emergency and imposed a curfew on the Dagbon traditional area. The curfew is still in force with armed security men patrolling the area, while the king's remains are still lying at the Yendi hospital mortuary under 24-hour guard.

"The facts and circumstances which gave rise to the declaration of the state of emergency have not abated and still persist," Kufuor said. "There is still tension and fear among the people who live in and around the Dagbon traditional area."

The minister said the government spent over seven billion cedis (US $9million) in 2002 to maintain the fragile peace in Dagbon. The money was used to feed security forces deployed to the area and the provision of logistics to the troops.

The two clans remain suspicious of each other and do not attend each other's social functions. There have also been allegations that both have been arming themselves for a possible showdown. Tension is heightened by the prolonged postponement of the reconstruction of the palace, which -according to tradition - has to be done before the king can be buried.

A report last year by the Wuako Commission of Inquiry into the conflict was rejected by both clans. The Andanis described the Commission's findings as a complete distortion of the facts, while the Abudus rejected it saying that it did not indict some key figures of the Andani clan.

The Andani family, who consider themselves the aggrieved party, said the commission and a Government White paper on the upheavals had made no attempt to unmask the perpetrators of the crisis that resulted in the murder of the Ya-Na (Dagbon king), Yakubu Andani II.

Crowds of people throng the refurbished chambers of the old parliament building in Ghana's capital, Accra, every Tuesday, Wednesday and Thursday to witness the proceedings of the National Reconciliation Commission (NRC). Hundreds of thousands of other Ghanaians watch the hearings live on national television. Others make do with a late-evening retransmission on TV.

"The NRC was set up to reconcile the people of Ghana," Annie Anipa, NRCpublic relations director, told IRIN. "It conducts its businesstransparently and so far so good. As at 14 February, we had heard 70 casesincluding 61 aggrieved parties, four respondents and five witnesses."

The commission, inaugurated by virtue of an act signed by President JohnKufuor on 9 January 2002, began its public hearings on 14 January 2003.Its mandate is "finding out the truth about past human rights abuses andhelping those who were hurt by the abuses to deal with their pain and tomove on with their lives". It is also meant to "help those whoparticipated in the abuses to come to terms with the experiences andobtain forgiveness".

The commission is focusing on "periods of unconstitutional rule in Ghana'shistory since independence in 1957", i.e. 24 February 1966 to 21 August1969, 13 January 1972 to 23 September 1979 and 31 December 1981 to 6 January 1993. It may also look into alleged human rights violationscommitted under any period of civilian rule between 6 March 1957 and 6January 1993, on request.

Ghana witnessed a series of military coups during the abovementionedperiods. Gen Joseph Ankara and Gen Akwasi Afrifa ruled during the first,and Gen Kufu Acheampong and Gen Frederick Akuffo during the second. Flt-LtJerry Rawlings ruled in June-September 1979 and then again in1981-1993.

Human rights abuses committed under military rule, included the executionsof Afrifa, Acheampong, Akuffo and several prominent Ghanaians onallegations ranging from corruption to sabotage in 1979. More deathsoccurred in the following years.

"It is the best thing that happened in this country," Kwasi Gyan-Apenteng,a media consultant and communications advisor, told IRIN. "Ghanaiansexpect that there will be sufficient grounds to pursue justice withoutsplintering society along lines of those who are for or against pastevents. It should serve as a platform for looking into the future.

Critics say, however, that the commission was set up to witch-hunt formerleaders and officials. In a memorandum to the NRC in February, the mainopposition National Democratic Congress (NDC) party said the commission"must not do anything that creates the impression that it is being used bythe government, wittingly or unwittingly, to achieve its politicalobjective of tarnishing members of the [past] eras who are now in theparty".

Recent developments arising from the hearings seemed "to confirm the fearsand suspicions with which the commission's establishment was viewed fromthe beginning", the NDC said.

Anipa said the commission was aware of suspicions about its work. "Somepoliticians claim the NRC is only helping the image of the current NewPatriotic Party government. That is not true. The commission is impartial.If there is any perceived bias on our part then it is unintended," shetold IRIN.

Apart from victims who request to appear before the NRC, Anipa said,persons whose names repeatedly came up as alleged abusers were invited bythe commission to testify. Former presidents may also be invited if theyare specifically mentioned as abusers, Anipa said. Rawling's name has beenmentioned during the hearings, but no specific allegation has been madeagainst him, she added.

The public testimonies range from moving pleas from widows who were unableto bury their husbands because their bodies were lost to victims oftorture and traders whose property was stolen by armed men. Severalalleged abusers have also appeared and denied allegations against them.Many of the victims urged the commission to investigate and prosecutethose responsible. Some are also seeking compensation.

Jemimah Acquah said in a tearful testimony on 25 February that shebelieved the government sponsored the murder of her husband, a retiredmajor killed in 1982. "I want to know who ordered the abduction andmurder. There was a curfew ... who gave them the pass to operate in thecurfew? They did not even allow him to take his supper or put on slippers.I pleaded that they allow him to wear a pair of slippers, one of thempulled a pistol."

Henrietta Amponsah, wife of Flt-Lt Asiedu Larbi told the commission on 26February: "I have not seen my husband for 20 years. In May 1983, Iperformed his funeral rites based on accounts from relatives and friends.They saw his body around the beaches of Osu with a stone [tied] on theback." She asked for an investigation and the prosecution of the killers.

Jack Bebli, a former head of a security commando unit in the 1980s and analleged abuser, denied the allegations against him, then asked forforgiveness for any other abuses he may have committed. Holding a bible,he said he was now a born-again Christian with a new name, PaulBebli. "Let bygones be bygones," he said.

Col Frank Bernasko appeared before the commission on 27 February to defend himself against allegations that he ordered the torture of one Joseph Amankwah. Insisting that he used to order soldiers to give officers whocame late to work "some exercises", Bernasko later apologized - toapplause from the gallery. "Those were critical periods ... I am so sorryfor what my men did," he said.

To help the victims "to come to terms with their pain and move on withtheir lives and also help those who participated in abuses", thecommission organises counseling sessions, in which a substantial number of plaintiffs have already participated.

Kenneth Agyemang Attafuah, executive secretary of the commission, saidthat at least 2,737 complaints had been received by December 2002,covering abductions, killings, disappearances, torture, ill treatment, andseizure of property between 5 March 1957 and 6 January 1993.

The commission has set up six thematic committees to establish the social context and the role of state and civil society institutions in human rights abuses. The areas they cover are: media; student and labour movements; legal affairs, including the judiciary, and other professional bodies; security services; religious bodies and chieftaincy institutions.Five zonal offices handle complaints in the regions.

For many Ghanaians, the choice of the venue of the hearings symbolises the NRC's historical significance. Speaking at the launch of the hearings at the old parliament building, Justice Kweku Amua-Sekyi, its chairman, said: "It was here that on 6 March, 1957, Prime Minister Kwame Nkrumah moved for the adoption of the motion for independence from Britain, an event that was greeted with high hopes for the future. No one anticipated then any of the turbulent events which were to mar our efforts to create a free and prosperous nation devoid of rancour and ill will."

"The task before this Commission is the promotion of national reconciliation. Several countries, notably, South Africa, have trodden this path before us. We are happy that we have the support of Bishop Desmond Tutu, who chaired the South African Truth and Reconciliation Commission, and of Alex Boraine, who was his deputy."

Other commissioners are: retired UN military commander Lt- Gen Emmanuel Erskine; Florence Dolphyne, a former University vice chancellor; Ahmadiyya Muslim missionary Maulvi Bin Adam; former academic Sylvia Mansah Boye;Catholic Bishop Charles Palmer-Buckle; Uborr Dalafu Labal II, a paramount chief; law professor Henrietta Mensah-Bonsu; and a formertrade union leader, Christian Appiah Agyei.

According to Nana Danquah Akufo Addo, Attorney General and Minister of Justice, "the commission is not a court and is not mandated to impose penalties or sanctions on any person. Grounded in a victim-centred approach, the work of the commission is expected to result in recommendations, in appropriate cases, for redress to victims of egregious human rights violations."

"The hearings should provide the opportunity for victims of the past human rights violations to tell their stories and for the public to acknowledge and empathize with their pain, suffering and hurt [and] provide a forum for us to reflect on the past and resolve with one voice that never again shall this be allowed to happen," he told reporters in January.

The commission's work has the blessing of Mary Robinson, former UN High Commissioner for Refugees. In a message in January, Robinson said the reconciliation process in Ghana sent signals to the country and the international community that past mistakes should not be repeated.

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