Ghana
Cluster Munition Ban Policy
Summary: State Party Ghana ratified the convention on 3 February 2011. It is preparing implementing legislation for the convention, but has not introduced draft legislation for parliamentary approval. Ghana has attended every meeting of the convention and served as the convention’s co-coordinator on universalization in 2013–2014. It voted in favor of a UN resolution on the convention in December 2015 and has expressed concern at new use of cluster munitions. Ghana has elaborated its views on important matters relating to the interpretation and implementation of the convention.
In its initial transparency report for the convention provided in 2011, Ghana confirmed it never used, produced, acquired, or stockpiled cluster munitions and is not retaining any for research or training.
Policy
The Republic of Ghana signed the Convention on Cluster Munitions on 3 December 2008, ratified on 3 February 2011, and the convention entered into force for the country on 1 August 2011.
In January 2016, Ghana reported that it has prepared draft legislation to “prohibit the use, manufacturing, stockpiling, and transfer of cluster munitions” that includes penal sanctions.[1] As of 1 July 2016, the draft legislation had not been introduced for parliamentary approval. Ghana has provided regular updates since 2012 on the status of its efforts to prepare implementing legislation for the convention.[2]
Ghana submitted its initial Article 7 transparency report for the Convention on Cluster Munitions in August 2011 and it has provided annual updated reports, most recently in January 2016.[3]
Ghana participated in the Oslo Process that created the Convention on Cluster Munitions and worked to achieve a strong treaty during the negotiations in Dublin in May 2008.[4]
Ghana actively engages in the work of the convention and served as co-coordinator on universalization in 2013–2014 together with Norway.
Ghana participated in the First Review Conference of the Convention on Cluster Munitions in Dubrovnik, Croatia in September 2015. In an address to the high-level segment of the meeting Ghana expressed its “deep disapproval” at the use of cluster munitions.[5]
Ghana has attended every Meeting of States Parties of the convention and intersessional meetings in Geneva in 2011–2014.It hosted a regional conference on universalization of the Convention on Cluster Munitions in Accra on 28–29 May 2012, which 34 African states attended.[6] Mauritius participated and subsequently acceded to the convention.[7]
On 7 December 2015, Ghana voted in favor of a UN General Assembly (UNGA) resolution on the Convention on Cluster Munitions, which urges states outside the convention to “join as soon as possible.”[8]
Ghana has condemned new use of cluster munitions several times.[9] It has voted in favor of UNGA resolutions condemning the use of cluster munitions in Syria, most recently in December 2015.[10]
Ghana is a State Party to the Mine Ban Treaty. It is not party to the Convention on Conventional Weapons.
Interpretive issues
During the Oslo Process, Ghana elaborated its views on several important matters relating to the convention’s interpretation and implementation. In September 2008, the Minister of State at the Ministry for the Interior, Nana Obiri Boahen, expressed Ghana’s view that States Parties must not intentionally assist other states in using cluster munitions and in other acts prohibited by the convention, should not allow other states to transport cluster munitions through their territory, should remove stockpiles of foreign cluster munitions from their territory, and should retain only the minimum number of cluster munitions required for training purposes, which could be in the hundreds or thousands but not the tens of thousands.[11]
Use, production, transfer, and stockpiling
In its initial Article 7 report provided in August 2011, Ghana declared it “has never produced cluster munitions” and stated that “Ghana’s peace support operations by the Ghana Armed Forces takes place under the mandate of the UN and those operations does not [sic] sanction the use of Cluster Munitions.”[12]
Ghana also declared that it “does not stockpile cluster munitions and does not intend to acquire any in the future for training and research purposes.”[13]
[1] Convention on Cluster Munitions Article 7 Report, Form A, January 2016.
[2] Convention on Cluster Munitions Article 7 Report, Form A, April 2013; and Convention on Cluster Munitions Article 7 Report, Form A, April 2014. In May 2012, the government said it was consulting with stakeholders on draft legislation including penal sanctions that seeks to “prohibit the use, manufacturing, stockpiling, and transfer of cluster munitions including penal sanctions for any of our citizens who violate the provisions of the convention.” Statement by William Kwasi Aboah, Minister for the Interior, Accra Regional Conference on the Universalization of the Convention on Cluster Munitions, Accra, 28 May 2012.
[3] No time frame was provided for the initial reporting period, while the reports provided in 2012, 2013, and 2014 cover the previous calendar year and the update submitted in 2016 covers the period since the 2014 report.
[4] For more information on Ghana’s policy and practice regarding cluster munitions through early 2009, see Human Rights Watch and Landmine Action, Banning Cluster Munitions: Government Policy and Practice (Ottawa: Mines Action Canada, May 2009), p. 84.
[5] Statement of Ghana, Convention on Cluster Munitions First Review Conference, Dubrovnik, 8 September 2015.
[6] Ghana’s Ministry of Foreign Affairs and Regional Integration organized this conference in cooperation with the Ministry of Foreign Affairs and Cooperation of Togo and the Ministry of Foreign Affairs of Zambia. United Nations Development Programme (UNDP) provided technical support and Norway provided financial support.
[7] Non-signatories Eritrea, Mauritius, and Zimbabwe participated in the regional meeting.
[8] “Implementation of the Convention on Cluster Munitions,” UNGA Resolution 70/54, 7 December 2015.
[9] Statement of Ghana, Convention on Cluster Munitions Intersessional Meetings, Geneva, 16 April 2013.
[10] “Situation of human rights in the Syrian Arab Republic,” UNGA Resolution 70/234, 23 December 2015.
[11] CMC, “Report on the Kampala Conference on the Convention on Cluster Munitions,” 29–30 September 2008.
[12] Convention on Cluster Munitions Article 7 Report, Forms C and D, August 2011.
[13] Ibid., Form B.