Direct Request (CEACR) - adopted 2005, published 95th ILC session (2006)

Indigenous and Tribal Populations Convention, 1957 (No. 107) - Ghana (Ratification: 1958)

1. The Committee notes that, according to the Government’s report, the socio-economic and political conditions in the country have changed and that the Convention is not applicable in the Ghanaian context. According to the Government, no groups of the national population fall within the scope of the Convention today. The diverse ethnic groups are nationally integrated and enjoy the same rights against discrimination as all citizens. The Government is therefore considering denouncing the Convention.

2. The Committee has also noted the report of 1 October 2002 submitted by the Government under the International Convention on the Elimination of All Forms of Racial Discrimination (CERD/C/431/Add.3) and the conclusions of the Committee on the Elimination of Racial Discrimination (CERD/C/62/CO/4) of 2 June 2003. In the report to the CERD, the Government states that Ghana is an extremely diverse country, home to numerous ethnic groups having over 100 indigenous languages and a wide variety of cultural and religious practices. Despite these differences, Ghanaians have always endeavoured to live in peace, harmony and friendship, avoiding severe ethnic conflict. The Government also affirms that modern Ghana is a case study in diversity and that, with over 15 major ethnic groupings - each with its own distinct language, culture and traditional religious practices - spread over ten main administrative regions, Ghana is, at the least, multi-ethnic. In its conclusions, the CERD emphasizes the efforts made by the Government to ensure respect for the customs and traditions of various ethnic groups and the enjoyment of human rights for all. It also expresses its concern at the persistence of ethnic discrimination and notes that 25 per cent of the population feel discriminated against due to their tribal origins and that certain ethnic conflicts still exist.

3. The Committee of Experts, noting the above points, particularly the existence of at least 15 ethnic groups, the Government’s will to ensure respect for customs and traditions and also the fact that the purpose of Convention No. 107 is not solely the elimination of discrimination, but the promotion of social, economic and cultural development of the populations covered by the Convention, while respecting their particularities, as well as the rights of all citizens, requests the Government to study, with the ILO’s assistance, the possibilities and means of applying the Convention to certain tribal populations in the country. If the Government considers that the Convention is no longer applicable to the conditions prevailing in the country, the Committee invites the Government to examine the possibility of ratifying the Indigenous and Tribal Peoples Convention, 1989 (No. 169), which revises the Indigenous and Tribal Populations Convention, 1957 (No. 107). The Committee hopes that the Government will supply information on any requests made to the Office for technical assistance and their follow-up.