Chris Benjamin, Freelance Writer

MINISTER of Justice Joe Ghartey estimates that half of the people who have come forth as victims of former military regimes have been monetarily compensated, at a cost of ¢13 billion.  Another ¢5 billion has been approved for next year.

He, however, poured ice water on the hopes of some for the removal from the Constitution of the indemnity clauses protecting former military dictators and their agents from prosecution, saying that broader public support is needed before a referendum can be held on that subject.

In an interview with The Statesman, Mr Ghartey, who is also the Attorney-General, called the payment of reparations "an important part of the healing process.”

“Government is the sole contributor to the fund for victims now, but we will go to other sources,” he said. The Report recommended that perpetrators of abuses of power be called upon for voluntary donations, and Mr Ghartey vowed to seek support from the private sector.

The report recommended that symbolic reparation payments be made to victims and their families of killings, abductions, disappearances, maiming, torture, hostage-takings, and abuses of the judicial process.

According to Justice Crabb, Commissioner of Statute Law Revision, which is overseeing the implementation of the NRC recommendations, many more people have come forth as victims since the NRC, which heard from more than 4,000 witnesses in 2004. 

The quantity and complexity of the cases coupled with the lack of legal expertise on the part of claimants has slowed the process.  Neither Mr Ghartey nor Mr Crabb can give a specific timeline for the completion of payments.  “It is an ongoing process,” they said.

More victims are expected to come forth and all must be able to prove their entitlement to reparations.  Free legal aid is available to help claimants through the process. 

When asked how he responds to critics who say that the process is taking too long, Mr Crabb noted that sorting through so many cases is a time-consuming process.  “We have to be sure we are paying the right person,” he said. 

Despite these complications, Mr Crabb welcomes all new claimants and says that those with complaints about the process should contact the Attorney General's office.

Non-Monetary Compensation

One of the most contentious recommendations in the 214-page Report is that the indemnity clause protecting former members of military regimes should be subjected to a referendum. 

“That requires at least 50 percent voter turnout, and at least 75 percent of them voting in favour.  That would require broad support, more than just government,” said the Attorney General.  He added that the discussion has begun in the media, but that widespread consultation would be required before there would be enough public will for a referendum.

According to the Minister, Government continues to work on other recommendations such as official apologies, special honours, monuments and days of remembrance, restoration of destroyed lands and property, return of confiscated assets and land, scholarships, counselling, and healthcare for victims.  “We have to work with Ministry of Health on the healthcare issue and Ministry of Education, Science and Sports on scholarships; all these things are in progress,” he said.  

He was uncertain when such reparations would be completed, but acknowledged the importance of timing and indicated that work was being done to roll some announcements into the 50th anniversary celebration on March 6 of next year.

Mr Crabb added that letters of apology take a considerable amount of time because they must be appropriately addressed and worded to correspond with the victim"s actual experience, which is being done on a case by case basis.  “I think the present government ought to be congratulated for taking a bold step,” he added.  “This government is compiling letters of apology and making available money for something it never did.”

Government is also negotiating for the return of confiscated lands.  The biggest challenge here is that those assets have since been purchased by new owners, some of whom have invested considerable time and money into developing and improving their new property.

“We don’t want to cause more pain” in the process of reconciliation, Mr Ghartey explained. 

Accountability

The Report also made several recommendations pertaining specifically to the Attorney General’s Office, including increasing accountability, particularly with respect to decisions regarding whether to prosecute or drop charges, ensuring protection of the rights of the accused, outlawing torture, and removing certain discriminatory laws made by the NLC, SMC, and PNDC governments from the books.

However, Mr Ghartey feels that “the Office of the Attorney General is already made accountable by the 1992 constitution and the courts, which give adequate protection to those charged.”  He pointed out that it is the duty of his office to prosecute, adding that “we do everything to ensure the accused person’s rights, but they are not in our custody,” indicating that police have an important role in ensuring proper treatment of alleged criminals.  “We review all cases of abuse,” he added.

Mr Ghartey stated emphatically that not only has torture been outlawed at all levels of government, but that “torture is not used now.  It is not part of this government’s culture.”

However, some of the offending laws from the NLC, SMC, and PNDC regimes remain on the books, according to Mr Crabb. “You just don’t remove laws because they are from a military regime,” he said.  “If there is something inconsistent with the constitution then we can revise it; some of the laws have been repealed, but not all of them.”

Civil Rights

The NRC Report made some general recommendations to eliminate the possibility of future military takeovers, such implementing anti-discrimination legislation and educating the masses about their civil rights. 

Much progress has been made in public education by the National Commission on Civic Education, which holds a series of workshops and seminars to inform people of their rights.  However, national anti-discrimination legislation has yet to be introduced because “the constitution already frowns upon discrimination,” says Mr Crabb.  “Those who discriminate can be tried.”

But in terms of preventing coups, Mr. Crabb felt that there already exists a strong detriment to any future attempts.  “Military Takeover is treason, if you fail,” he said. “Unfortunately if you succeed, you are in charge.”