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回應部門: Commission on Human Rights and Administrative Justice (CHRAJ)

The government of Ghana has not yet responded to the questionnaire.  We continue to welcome its response - please contact [email protected]

貴國是否採取了一些您認為特別成功的行動來減少企業對人權的負面影響?請給出一個或多個實例。

Yes. On July 21, 2009 the Government of Ghana set up under the auspices of the Ministry of Environment, Science and Technology (MEST) a six-member Committee to study the Commission on Human Rights and Administrative Justice Report on: “The State of Human Rights in Mining Communities in Ghana", (2008) to advise on the implementation of recommendations of the report. MEST set up a panel on the spill/discharge of water containing sodium cyanide by Newmont Ghana Gold Limited (NGGL) at the Kenyasi-Ahafo South Project (The panel recommended payment of compensation by NGGL). A Panel constituted by MEST in December, 2009 investigated the spillage of low toxicity oil based mud by Kosmos Energy, Ghana in the Jubilee Field, Offshore.

貴國政府中哪個/哪些部門主要負責工商業與人權事務?

  • Ministry of Environment, Science and Technology (MEST)
  • Ministry of Lands and Natural Resources
  • Commission on Human Rights and Administrative Justice (CHRAJ)

2011年6月《聯合國指導原則》獲得通過後,貴國是否採取了新的工商業和人權舉措或加強了已有舉措?

Yes. The Government of Ghana supported CHRAJ in July 2014 to organize three workshops on the UN Guiding Principles on Business and Human Rights. The workshops were jointly organized by CHRAJ, Shift and SOMO. Shift is an independent non-profit centre for business and human rights practice, chaired by Prof. John Ruggie. SOMO is the Centre for Research on Multinational Corporations, a global non-governmental organization based in the Netherlands. The Ministry of Lands and Natural Resources is also working towards implementation of the Voluntary principles of security and human rights.

您的政府採取行動後,對工商企業最大的五個人權影響是什麼?

Top five priority issues:

  • Health (including environmental health, workplace health & safety)
  • Forced labour & trafficking
  • Access to water
  • Abuses linked to security for company operations (e.g.: torture & ill-treatment)
  • Impacts on children, including child labour

就健康問題採取行動

The Constitutional, legislation and policies promote and protect, among other things, environmental health, workplace health & safety, which are also well protected by an active and vibrant trade unions.

就強迫勞動和拐賣問題採取行動

Forced labour & trafficking are prohibited by law.

就獲得水採取行動

Access to water: especially in rural communities is expanding across the country.

就與安全公司的關係採取行動

It appears abuses linked to security for company operations (e.g.: torture & ill-treatment) have reduced, with companies now improving communications with local communities. Majority of companies take their corporate social responsibility seriously.

就兒童問題採取行動

Child labour is prohibited.

貴國是否制定了聯合國人權理事會和工商業與人權工作組所倡導的《國家工商業與人權行動計劃》,或者是否打算這樣做?

No. But the Government is working towards the adoption of a country action plan on the VPs instead. It is foreseeable that a country action plan will be adopted. The foundation has been laid in July 2014 by organizing three workshops on the UN Guiding Principles on Business and Human Rights aimed towards implementation of the Guidelines.

如果貴國已經制定國家行動計劃或打算這麼做,請重點說明這些舉措是否參考國際人權標準,制定時是否與受影響的利益攸關者進行了磋商。

The foundation laid in July, 2014 jointly by CHRAJ/ Shift and SOMO promises a national action plan based on the relevant international human rights instruments for Business and Human Rights as well as the VPs.

補救途徑: 採取了哪些舉措推出新的司法或行政性補救手段,或減少受害者使用現有補救手段時面臨的障礙?

Alternative Dispute Resolution (ADR) is seriously promoted by the Judiciary. A court connected ADR is implemented in the courts in Ghana. The commercial courts also allow arbitration before parties resort to adversarial litigation. In addition, CHRAJ receives approximately 12,000 complaints annually and resolves about 80% of these cases. Non-custodial sentencing is also being considered in conformity with international human rights standards. These measures are adopted based on recommendations by the stakeholders including academe and media.

您的政府採取了什麼行動去改善非司法補救措施?

Alternate dispute resolution is being promoted.

補救途徑: 針對總部設在貴國的企業及其附屬機構,貴國是否採取措施加強對它們在海外人權影響的問責?如果是,請說明。

None.

有什麼因素阻礙您的政府就工商企業與人權採取行動?

Most important factor:

  • Lack of resources for enforcement, monitoring and prosecution

Significant factors:

  • Opposition by economic interest groups or business associations
  • Concern about deterring foreign investment
  • Lack of understanding or awareness of business & human rights in government
  • Challenges of coordinating across government departments

Minor factor:

  • Opposition or lack of consensus within government
  • Other opposition by influential people or groups outside government
  • Political limitations imposed by foreign governments or multilateral institutions

如果貴國希望獲得支持,哪種形式的支持最能夠幫助貴國推動改善公司對人權的影響?

  • Technical assistance,
  • Collaborative learning and
  • Capacity building.