Ghana Protest Rights & Human Rights Compliance 2025

By Darius Spearman (africanelements)

Support African Elements at patreon.com/africanelements and hear recent news in a single playlist. Additionally, you can gain early access to ad-free video content.

Ghana’s constitution paints a picture of freedom, guaranteeing the right to peaceful protest. However, recent events tell a different story. Concerns are growing about restrictions, police actions, and whether democratic values are fading. This look into Ghana examines the clash between laws, international promises, and what happens on the streets. We’ll explore recent cases to understand the tensions between the people’s right to protest and the government’s response.

Ghana’s Constitution vs. Reality: Right to Assembly Ghana

On paper, Ghana supports the people’s voice. Article 21(1)(d) of the 1992 Constitution clearly states everyone has the right to freedom of assembly. This includes joining processions and demonstrations (Right to demonstrate – does the law impose unnecessary restraints?). This right mirrors the commitments Ghana has made internationally, such as the African Charter on Human and Peoples’ Rights and the International Covenant on Civil and Political Rights (ICCPR) (Right to demonstrate – does the law impose unnecessary restraints?).

Yet, the same constitution allows for limits. Restrictions can be placed if deemed “necessary in a democratic society.” Reasons cited include national security, public safety, or protecting others’ rights (Right to demonstrate – does the law impose unnecessary restraints?). This exception, however, has become a point of friction, creating ambiguity that authorities sometimes exploit.

The Public Order Act, Ghana: A Tool for Control?

The Public Order Act (Act 491) from 1994 is central to the debate. It requires protest organizers to notify the police at least five days in advance. This notice must detail the date, location, and reason for the protest (Right to demonstrate – does the law impose unnecessary restraints?). Notably, the law does not require police permission, only notification.

Despite this, police often use the notification rule to control or stop protests. They might impose difficult conditions or get court injunctions. For instance, in July 2024, the Accra police stopped a cost-of-living protest, claiming they did not have enough officers (AUDIT OF KEY LEGISLATION IN GHANA FOR INFORMATION ACCESS OPPORTUNITIES). Section 9 of Act 491 makes it a crime not to notify police or comply with their requests for changes, giving them the power to pressure organizers (Right to demonstrate – does the law impose unnecessary restraints?). Furthermore, police can ask courts to block protests if organizers refuse their demands, often relying on vague “public safety” concerns (The public order act (1994)). Legal experts argue this system effectively requires permits, contradicting a Supreme Court ruling (*NPP v IGP*) that deemed permits unconstitutional (AUDIT OF KEY LEGISLATION IN GHANA FOR INFORMATION ACCESS OPPORTUNITIES).

This notification requirement also clashes with international standards. Global guidelines protect spontaneous assemblies – protests that happen quickly in response to events. These standards, such as Article 21 of the ICCPR and the OSCE Guidelines, stipulate that prior notice should not be required for such immediate gatherings (Guidelines on Freedom of Peaceful Assembly). Ghana’s five-day rule, however, doesn’t distinguish, making spontaneous protests technically illegal (The public order act (1994)).

Ghana Police Brutality: When Force Crosses the Line

Issues of police conduct amplify concerns about protest rights. Ghana’s 1960 Criminal Code, specifically Section 37, permits police to use “reasonably necessary” force, including lethal force, to disperse “unlawful assemblies” (Ghana – The Law on Police Use of Force). An unlawful assembly is broadly defined as three or more people gathered with intent to commit a crime or disturb the peace, potentially including unarmed protesters (Ghana – The Law on Police Use of Force; Criminal Code, 1960 (Act 29)).

This law starkly contrasts with international standards, such as the 1990 UN Basic Principles on the Use of Force and Firearms. These principles emphasize the use of force only when necessary and in proportion to the threat. Crucially, they state firearms should only be used against imminent threats to life and lethal force only as a last resort (The General Principles of Use of Force). Ghana’s law lacks this proportionality requirement, permitting deadly force even if an assembly is deemed “riotous” but poses no life-threatening danger (Ghana – The Law on Police Use of Force; Criminal Code, 1960 (Act 29)).

Recent events highlight these dangers. In September 2024, during the #StopGalamseyNow protests against illegal mining, police arrested 53 activists. Reports emerged that detainees were denied access to lawyers, a violation of Article 14 of the Constitution (Criminal Code, 1960 (Act 29)). Earlier, in March 2025, a military operation in Ashaiman saw soldiers brutally beat civilians and detain 184 people without due process while investigating a colleague’s murder (AUDIT OF KEY LEGISLATION IN GHANA FOR INFORMATION ACCESS OPPORTUNITIES). The arrest and denial of bail for lawyer and activist Ama Governor in September 2024 for participating in a peaceful economic protest also raised alarms about intimidation (Criminal Code, 1960 (Act 29)).

Courts and Politics: Judicial Independence Under Threat?

The courts should be a check on power, but their role in protecting protest rights is inconsistent. Sometimes, courts uphold these rights. In April 2025, an Accra High Court rejected police attempts to ban an anti-galamsey protest, declaring that the “rule of law shall prevail” (Police Accountability in Ghana). This offered a glimmer of hope.

However, courts frequently side with authorities. In September 2024, the same Accra High Court granted an injunction against a different three-day protest. Organizers argued that simply filing for an injunction shouldn’t halt a constitutional right (Understanding Discourse on the Galamseyer in Ghana). This inconsistency raises questions about the reliability of constitutional safeguards. Furthermore, concerns about political interference swirl around the judiciary. The 2025 suspension of Chief Justice Torkornoo, criticized by opposition groups such as the Minority Caucus as politically motivated, deepens fears that the courts might not be impartial, especially in cases involving government criticism (Suspension of Ghana’s Chief Justice; Minority backs protest against CJ’s suspension). This erosion of trust impacts protesters seeking fair hearings.

Accountability for police misconduct also remains weak. The Police Intelligence and Professional Standards Bureau (PIPS) handles internal complaints but isn’t seen as fully independent. While citizens can sue police in court, these cases often face long delays and challenges in proving misconduct (Police Accountability in Ghana). Notably, Ghana lacks a truly independent civilian oversight body to monitor police actions, a common feature in many other democracies (Police Accountability in Ghana).

Speaking Truth to Power: Voices for Change

Civil society groups and international bodies are actively pushing back against these trends. Ghana, as a party to the ICCPR and the African Charter, has obligations to facilitate protests, not suppress them (Right to demonstrate – does the law impose unnecessary restraints?). Both the UN Human Rights Committee and Amnesty International have called out the government. They criticize the failure to reform the Public Order Act and the persistent problem of excessive police force (The General Principles of Use of Force).

Domestic organizations are also closely monitoring the situation. The Ghana Center for Democratic Development (CDD-Ghana), known for promoting good governance, documented multiple constitutional violations during the September 2024 protests. These included holding detainees for longer than the allowed 48 hours and denying them access to lawyers (Criminal Code, 1960 (Act 29)). Similarly, Amnesty International has specifically urged Ghana to amend Act 491 to protect spontaneous assemblies and to drop charges against peaceful protesters (The General Principles of Use of Force). These advocacy efforts keep pressure on the government to align its practices with its promises.

Who Gets Heard? Marginalized Voices and Ghana Protest Laws

The exercise of protest rights isn’t equal for everyone. Certain groups face greater obstacles. In October 2024, protests erupted demanding the passage of the controversial Human Sexual Rights and Family Values Act. This bill seeks to criminalize LGBTQ+ identities and advocacy. President Akufo-Addo hesitated to sign it, citing warnings from the Finance Ministry about the potential loss of $3.8 billion in World Bank funding and the risk of jeopardizing a crucial $3 billion IMF bailout. Could Ghana’s anti-LGBTQ+ bill be blocked? This situation revealed a selective application of rights, where protests aligning with conservative majority views seemed more tolerated than those protecting vulnerable minorities.

Young activists, particularly Ghana’s Gen Z, also encounter specific hurdles. They are often at the forefront of movements tackling issues like illegal mining (galamsey) and unemployment (Police file injunction to stop Gen-Z demonstration; Understanding Discourse on the Galamseyer in Ghana). “Galamsey” refers to unlicensed, often destructive, small-scale gold mining (Understanding Discourse on the Galamseyer in Ghana). However, these young organizers face frequent protest bans secured by police through court injunctions, as seen in a 2024 case targeting a Gen-Z demonstration (Police file injunction to stop Gen-Z demonstration). Additionally, they risk arbitrary arrests and steep fines for “unlawful assembly,” which can reach up to 200 penalty units, equivalent to about $2,400 USD (DECRIMINALISING & DECLASSIFYING PETTY OFFENCES IN GHANA).

Fixing the System: Can Reforms Protect Ghana Protest Laws?

Addressing these challenges requires concrete reforms. Advocates propose several key changes to better protect the right to protest. First, amend the Public Order Act. Notification rules need to be aligned with international standards, explicitly allowing for spontaneous protests without the five-day notice (The General Principles of the Use of Force; Suspension of Ghana’s Chief Justice). Second, revise the Criminal Code. Section 37, which permits lethal force against potentially non-violent assemblies, should be repealed or drastically changed to comply with UN principles (Right to demonstrate – does the law impose unnecessary restraints?; Criminal Code, 1960 (Act 29)).

Beyond legal changes, practical steps are crucial. Implementing comprehensive police training focused on de-escalation techniques and human rights compliance is essential (Criminal Code, 1960 (Act 29)). Finally, safeguarding judicial independence from political influence is vital to ensure courts can make fair rulings in protest-related cases (Suspension of Ghana’s Chief Justice; Could Ghana’s anti-LGBTQ+ bill be blocked?). However, the likelihood of these reforms faces hurdles. Political resistance, institutional weaknesses, and legislative delays, as seen in Ghana’s Open Government Partnership action plan and stalled police reform efforts due to funding gaps, suggest that progress may be slow (Ghana Action Plan Review 2023-2027; Police Accountability in Ghana).

While Ghana’s laws offer theoretical protection for protests, the reality on the ground shows a system struggling. Inconsistent enforcement, police overreach, and judicial questions undermine these fundamental rights. Without meaningful reforms that bring laws and practices in line with international standards, Ghana risks damaging its democratic credentials further. For the diaspora watching, these developments are concerning reminders of the ongoing fight for civil liberties across the continent.

ABOUT THE AUTHOR

Darius Spearman is a professor of Black Studies at San Diego City College, where he has been teaching since 2007. He is the author of several books, including Between The Color Lines: A History of African Americans on the California Frontier Through 1890. You can visit Darius online at africanelements.org.