As an International Human Rights Activist and Lawyer Trainee,Odeneho Kwame Abraham, Stated that both the government and protestors are at fault in the ongoing struggle against illegal mining demonstration leading to some arrests and remands. According to him the arrest, detention and remand of these individuals exercising their constitutional right guaranteed under article 21 of the Ghanaian Constitution 1992, is Mala-Fide(bad faith). Such judicial decisions do not grow and strengthen a democracy, but rather soften grounds for civil uprising against injustice and arbitrary rule. Abraham Boafo added that, the other side of the protestors also unlawfully blocking roads to deny other fellow citizens of their rights to access medical care at that moment at the 37 Millitary hospital and also their freedom of movement is equally condemnable and must not be accepted for a very injurious precedence as such to be accepted in our society.
According to him there must be a clear communication from government with regards to the reason for arrest and remand of these protestors, are they arrested and remanded for demonstrating against illegal mining (substance) or their modus operandi(form) applied during the protest? We must know.
Mr. Boafo said Let’s not take our enviable democracy for granted, it is a hectic task to nurture a democracy and so therefore we must not play games with what we have now, when we lose it, restoring it will take decades and the country will retrogress.
He also added that Human rights are interdependence, interrelated and universal, we must exercise them with measure and limit, so that the exorcise and enjoyment of one’s rights do not infringe that of another.
According to Odeneho Kwame Abraham Boafo the judicial decisions not allow the remanded individuals have the opportunity to access medical care and treatment and also to access legal representation of their choice is a gross disregard to the constitution of Ghana 1992, and also tenets and principles of the universal declaration of human rights (UDHR) a landmark human rights document declared by the United Nations, which Ghana ratified to respect and uphold in a high esteem, and it is a shame for a very democratic country like Ghana to invite such an international embarrassment to herself. Article 19 of the Constitution 1992 allows for fair trial and everyone deserve a legal representation of his or her choice, so why the denial in the present situation?
Article 15 of the constitution 1992 provided for human dignity, it frowns upon inhuman treatment, so why denying these protestors access to medical care and treatment? That’s a complete inhumane treatment and the authorities must be reminded that, their discretion which is provided in article 296 of the constitution 1992, must not be exercise capriciously by hatred or prejudice against others. The police and our courts must be guided.
*Odeneho Kwame Abraham Boafo*
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*Bsc, LLB, LLM (International Human Rights Law)*
