THE GHANA EDUCATION SERVICE POLICY OF SELF-INVESTIGATION AND TRANSFER OF TEACHERS WHO COMMIT CRIMES AGAINST CHILDREN IS UNCONSTITUTIONAL AND ILLEGAL IN THE LIGHT OF THE CHILDREN’S ACT (ACT 560, 1998 AS AMENDED) AND ARTICLE 28 OF THE 1992 CONSTITUTION

Gender Data Ghana is an independent, non-for-profit, non-partisan Think Tank committed to monitoring the advancement of gender equality in Ghana through the law and evidence-based analysis.

The Children’s Act, 1998 (Act 560) as amended by Act 937 of 2016 and fully anchored in Article 28 of the 1992 Constitution, is the first frame of reference for child protection in Ghana.

Therefore, in the conduct of the Obuasi Senior High Technical School (SHTS), all actors must be guided by the Welfare Principle of the Children’s Act, which is that (1) The best interest of the child shall be paramount in any matter concerning a child. (2) The best interest of the child shall be the primary consideration by any court, person, institution or other body in any matter concerned with a child. This runs in tandem with due process for the alleged accused person as provided for in the Criminal Procedure Code, Act 30 and Article 19 of the 1992 Constitution. Under the Children’s Act, any person with information on— (a) child abuse; or (b) a child in need of care and protection must report the matter to the

Department of Social Welfare (Department). It defines a child in need of care and protection to include a child that has been neglected or ill-treated by a person who has the care and custody of the child or is otherwise exposed to moral or physical danger. Furthermore, if the Department has reasonable grounds to suspect child abuse or a child in need of care and protection, it shall direct a probation officer or social welfare officer accompanied by the police to enter and search the premises where the child is or was kept to undertake an investigation. From this point, the Department continues to provide professional psycho-socio support to the child, while the police conduct a full investigation with the assistance of the Department, guided by relevant provisions of the criminal code. Laws supersede policies. Therefore, the current policy of the Ghana

Education Service which permits self-investigation of alleged cases of abuse and grants itself powers of transfer of alleged perpetuators to other communities, and worst still to promote such persons as happened in the case of the headmaster of SHTS must be interrogated in the light of the Children’s Act, which derives its source from Article 28 of the 1992 Constitution. Since a policy cannot override a law and the Constitution, the policy of the Ghana Education Service is redundant if not unconstitutional and must be abrogated. Official sources demonstrate that girls are more at risk of being abused in schools than they are at home. Therefore, it is now a matter of urgency to ensure that professional social welfare officers play a greater role in working with teachers at local level to address instances of abuse. In addition, steps must be taken to ensure that safeguarding focal points are trained in the Children’s Act and Child Protection.

The Department of Social Welfare falls under the Ministry of Gender, Children and Social Protection. As a non-employee of the Ghana Education Service, the Social Welfare Officer should be empowered with adequate resources to act independently, swiftly, decisively and proactively. This is Ghana’s moment to appreciate social workers as important safety nets. In other parts of the world, they are the first line of defence for the vulnerable and their bridge to justice. We therefore call for increased support to the Department of Social

Welfare and the abrogation of the Ghana Education Service policy and practice of self-investigation of cases of abuse and the transfer of staff involved.

Ghana was the first country to ratify the Convention on the Rights of the Child. This creates serious obligations on the State. Article 28 of the Constitution and the Children’s Act domesticate this Convention. This is therefore the time to make the law and the Constitution work for all children in Ghana by ensuring that justice is fully achieved without fear or favour.

Signed Dr. Beatrice Duncan Executive Director Gender Data Ghana.