Ghana Armed Forces Backs Bill to Abolish Death Penalty
POSITION PAPER BY GHANA ARMED FORCES AND MINISTRY OF DEFENCE PRESENTED TO THE CONSTITUTIONAL, LEGAL AND PARLIAMENTARY AFFAIRS COMMITTEE DURING ITS CONSIDERATION OF THE CRIMINAL OFFENCES (AMENDMENT) BILL, 2022 AND THE ARMED FORCES (AMENDMENT) BILL, 2022 ON SUNDAY, MAY 21 2023, AT KOFORIDUA, EASTERN REGION
Introduction:
This paper aims to provide an analysis and argument in favor of abolishing the death penalty in the Ghana Armed Forces; specifically, the Armed Forces Act of 1962 (Act 105). We recognize the significance of this proposed bill before Parliament and believe that it is imperative for Ghana to take a progressive step towards human rights, justice, and the promotion of a humane military justice system. As indicated in the Bill, the relevant provisions deal mainly with the punishment of Death provided for high end offences in the Ghana Armed Forces’ Code of Service Discipline such as Treason, Mutiny, Inchoate offences related to same and other analogous offences.
Human Rights and Dignity:
The fundamental principle of human rights centers around the inherent dignity and value of every individual. The death penalty violates this principle by subjecting individuals to cruel, inhuman, and degrading treatment. It is the ultimate denial of human rights and the right to life. By abolishing the death penalty in the Armed Forces, Ghana can demonstrate its commitment to upholding human dignity and setting a higher standard for military justice.
Irreversibility and Fallibility of the Justice System:
One of the primary concerns surrounding the death penalty is its irreversible and final nature. Judicial systems, including military courts, are not infallible, and there is always a risk of wrongful convictions. Executing an innocent person is an irreversible tragedy that violates the principles of justice. By abolishing the death penalty, Ghana can mitigate this risk and ensure that no irreversible mistakes are made within the military justice system.
Moral and Ethical Considerations:
The use of the death penalty raises profound moral and ethical questions. It is not the role of the state, including the Armed Forces, to determine the fate of an individual’s life. Taking a life as a form of punishment perpetuates a cycle of violence, undermines the sanctity of life, and contradicts the values of compassion, forgiveness, and rehabilitation. Ghana has an opportunity to align its military justice system with these higher moral and ethical principles by abolishing the death penalty.
International Human Rights Obligations:
Ghana is a signatory to several international human rights treaties and conventions, including the International Covenant on Civil and Political Rights (ICCPR). The ICCPR’s Second Optional Protocol aims at the abolition of the death penalty, and Ghana has a duty to align its domestic legislation with its international obligations. By abolishing the death penalty in the Armed Forces, Ghana can strengthen its commitment to international human rights standards and contribute to the global movement towards the abolition of capital punishment.
Rehabilitation and Restorative Justice:
Punishment should not solely focus on retribution but should also strive for rehabilitation and restorative justice. The death penalty eliminates the possibility of reform and denies individuals the opportunity to reintegrate into society. By embracing alternative forms of punishment that prioritize rehabilitation and reintegration, Ghana can foster a more just and compassionate military justice system that aims to transform individuals rather than simply punishing them.
Redundancy of the Provisions related to the Death Penalty:
Even though the death penalty has remained in Armed Forces Act since it was enacted, the last time it was enforced was sometime in the late 70s or early 80s. Thus, these provisions have been retained in the Statute without enforcement. Therefore, honorable members, for the purpose of crystalizing an otherwise de facto situation to maintain a high level of certainty in our military justice system, it is important that these provisions in our books are replaced with the existing practice.
Conclusion:
In conclusion, the abolition of the death penalty in the Ghana Armed Forces is a necessary step towards upholding human rights, justice, and compassion. It aligns with Ghana’s international obligations, promotes the dignity of every individual, and recognizes the fallibility of the justice system. By embracing alternative forms of punishment that prioritize rehabilitation and restorative justice, Ghana can set an example for other nations and contribute to the global movement towards the abolition of the death penalty.
We respectfully submit to this august Committee to support this bill and facilitate the enactment of legislation that reflects Ghana’s commitment to human rights and justice. It is important to indicate that the purpose of the Bill is not to take away punishment for the listed offences in the Ghana Armed Force’s Code of Service Discipline but rather to replace the punishment of Death with life imprisonment which tend to serve the same purpose of deterrence.
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