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CHAPTER 18
COMMISSION ON HUMAN RIGHTS AND
ADMINISTRATIVE JUSTICE
216 COMMISSION ON HUMAN RIGHTS AND ADMINISTRATIVE
JUSTICE
There shall be established by Act of Parliament within six months after Parliament first meets after
the coming into force of this Constitution, a Commission on Human Rights and Administrative Justice
which shall consist of (a) a Commissioner for Human Rights and Administrative Justice; and
(b) two Deputy Commissioners for Human Rights and Administrative Justice.
217 APPOINTMENT OF MEMBERS OF COMMISSION
The President shall appoint the members of the Commission under article 70 of this Constitution.
218 FUNCTIONS OF COMMISSION
The functions of the Commission shall be defined and prescribed by Act of Parliament and shall
include the duty(a) to investigate complaints of violations of fundamental rights and freedoms, injustice, corruption,
abuse of power and unfair treatment of any person by a public officer in the exercise of his
official duties;
(b) to investigate complaints concerning the functioning of the Public Services Commission, the
administrative organs of the State, ,the Armed Forces, the Police Service and the Prisons Service
in so far as the complaints relate to the failure to achieve a balanced structuring of those services
or equal access by all to the recruitment of those services or fair administration in relation to
those services;
(c) to investigate complaints concerning practices and actions by persons, private enterprises and
other institutions where those complaints allege violations of fundamental rights and freedoms
under this Constitution;
(d) to take appropriate action to call for the remedying, correction and reversal of instances
specified in paragraphs (a), (b) and (c) of this clause through such means as are fair, proper and
effective, including (i) negotiation and compromise between the parties concerned;
(ii) causing the complaint and its finding on it to be reported to the superior of an offending person;
(iii) bringing proceedings in a competent Court for a remedy to secure the termination of the
offending action or conduct, or the abandonment or alteration of the offending procedures; and
(iv) bringing proceedings to restrain the enforcement of such legislation or regulation by
challenging its validity if the offending action or conduct is sought to be justified by subordinate
legislation or regulation which is unreasonable or otherwise ultra vires;
(e) to investigate all instances of alleged or suspected corruption and the misappropriation of public
moneys by officials and to take appropriate steps, including reports to the Attorney-General and
the Auditor-General, resulting from such investigations;
(f) to educate the public as to human rights and freedoms by such means as the Commissioner may
decide, including publications, lectures and symposia; and
(g) to report annually to Parliament on the performance of its functions.
Ghana 1992 (rev. 1996)
Page 106