The leadership of the Parliamentary Committee on Local Government and Rural Development of Ghana’s Parliament has pledged its support for the implementation of the Decriminalizing Vagrancy Laws and Advocacy (DVLA) project, an initiative by Crime Check Foundation (CCF) in Ghana.
The leadership of the Committee, therefore, promised to support advocacy and reform actions aimed at ending the jailing of poor persons who violate bye-laws of the Metropolitan, Municipal, and District Assemblies (MMDAs) in Ghana.
The leaders of the Committee made these remarks during an interface meeting with a CCF team led by the Executive Director, Mr. Ibrahim Oppong Kwarteng who is also a prison journalist.
The Committee was unanimous that jailing of vagrants and other poor persons for minor offences under local government bye-laws could be curtailed through nationwide sensitization on MMDA bye-laws to reduce violations, advocacy for the passage of the Non-Custodial Sentencing Bill into law, and rapid socio-economic development.
The project which aims to end abuses and jailing of vagrants and other vulnerable persons who violate the bye-laws of MMDAs, directly contributes to poverty reduction and access to justice for the poor, in line with the Sustainable Development Goals.
Present at the meeting were Hon. Emmanuel Akwasi Gyamfi, Chairperson of the Committee; Hon. Suleman Adamu Sanid, Vice Chairperson; Hon. Edwin Nii Lantey Vanderpuye, Ranking Member; and Hon. Benjamin Komla Kpodo, Deputy Ranking Member.
Findings and Recommendations by CCF:
The Committee on Local Government and Rural Development has the powers to examine matters relating to Local Government and Rural Development issues in Ghana and report same to Parliament.
Presenting the findings and recommendations to the Committee, the Project Officer, Cosmos Kwame Akorli, noted that CCF is obliged to account to Parliament and the people of Ghana through timely feedback that promotes appropriate response from Government and other stakeholders.
He stressed that the findings and recommendations would enable the Committee to take relevant actions to reduce harassment, arrests, fines and imprisonment of vagrants and other voiceless persons under local bye-laws as these laws excessively affect the poor.
Key findings presented include lack of deliberate mobilization and sensitization on MMDA Bye-laws for citizens and lack of citizens’ access to the bye-laws. The others are the lack of adequate social amenities such as toilet facilities, suitable market centres, and packing terminals contributing to harassment, arrests, fines, and imprisonment of the poor.
These aggravate the poverty situation for these poor persons, their families, and the nation at large.
Other findings also include deliberate targeting and confiscation of ‘goods’ from poor persons who sell at ‘unauthorized places’ which remains a major source of extortion by MMDA Taskforces, unjustified police swoop on homeless unemployed youth, and physical abuses MMDA Taskforces subject poor persons to affects human dignity and the socio-economic conditions of these persons.
The lack of Legal Aid Commission’s offices to provide legal support for poor and voiceless citizens facing prosecution for violating bye-laws affect justice delivery.
Recommendations by CCF:
Based on the findings, CCF made some recommendations to the Committee. These are increased knowledge on local government bye-laws through adequate mobilization and sensitization to reduce violations of the laws, harassments, abuses, arrests, fines, and imprisonment of poor persons, and reviewing prison terms under some MMDA bye-laws to reduce imprisonment of vagrants.
CCF, through the Committee, also called for the removal of “term of imprisonment” under some of the bye-laws. The Foundation explains that, as it stands, once poor offenders are unable to pay the fines imposed on them, they are jailed. The situation worsens the already deplorable prison conditions and increases poverty.
CCF reiterated its appeal to Government to hasten processes leading to the passage of the Non-Custodial Sentencing Bill into law. This will allow for alternative sentencing regimes for petty offenders.
“For now, poor persons who violate local assembly bye-laws are sent to prisons and fed with taxpayers’ money while these persons could be deployed to clear the streets and choked gutters to improve the sanitation situation in the major cities and towns. Most petty offenders also come out of prison as criminals,” Executive Director of CCF, Ibrahim Oppong Kwarteng argued.
The recommendations, Mr. Kwarteng says, call for adequate provision of necessary logistical support to the MMDAs by the Government, and the support of other stakeholders such as citizens, the Media, and Civil Society to forestall abuses against the vulnerable in society.
Response by the Leadership of the Committee:
The Ranking Member of the Committee, and Member of Parliament for Odododiodio Constituency, Hon. Edwin Nii Lantey Vanderpuye noted that the issues identified by CCF affect his constituents so it “presents a wonderful opportunity to collaborate to have the issues addressed because once your constituents have a headache, you have a fever.”
While acknowledging that some of the abuses and arrests occur, the Ranking Member admitted that “implementation of the bye-laws is a challenge, because poor persons are treated as if they are not human beings.”
He, therefore, reminded the task forces of the various MMDAs “they are not sent out to brutalize people.”
On the need for increased sensitization on the bye-laws and advocacy for reforms, the Chairman of the Committee, Hon. Emmanuel Akwasi Gyamfi applauded CCF for setting a good agenda because many have not thought of the effects of local assembly bye-laws.
He lamented how poor persons are jailed for minor offences though MMDAs do not educate their citizens on their bye-laws. According to him, the Assemblies “do not even display the bye-laws, nor do they interact with their people on the laws.”
He, therefore, called on more journalists and Civil Society Organizartions (CSOs) to support the fight for the reform agenda.
Hon. Gyamfi further called for a nationwide implementation of the project since increased awareness of the bye-laws alone could prevent fifty percent of offences.
He urged that the Parliamentary Committee, the Ministry of Local Government and Rural Development, and CCF should collaborate to help identify and ensure that irrelevant bye-laws are removed.
Passage of the Non-Custodian Sentencing Bill
On the need for timely passage of the Non-Custodial Sentencing Bill into law, the Ranking Member of the Committee, Hon Vanderpure indicated that pressure should be mounted on Parliament to play its role to have it passed because ‘if the bill is not passed by the current Parliament, it will become stillborn.”
