回应部门: Commission on Human Rights and Administrative Justice (CHRAJ)
The government of Ghana has not yet responded to the questionnaire. We continue to welcome its response - please contact [email protected]
贵国是否采取了一些您认为特别成功的行动来减少企业对人权的负面影响？请给出一个或多个实例。
Yes. On July 21, 2009 the Government of Ghana set up under the auspices of the Ministry of Environment, Science and Technology (MEST) a six-member Committee to study the Commission on Human Rights and Administrative Justice Report on: “The State of Human Rights in Mining Communities in Ghana", (2008) to advise on the implementation of recommendations of the report. MEST set up a panel on the spill/discharge of water containing sodium cyanide by Newmont Ghana Gold Limited (NGGL) at the Kenyasi-Ahafo South Project (The panel recommended payment of compensation by NGGL). A Panel constituted by MEST in December, 2009 investigated the spillage of low toxicity oil based mud by Kosmos Energy, Ghana in the Jubilee Field, Offshore.
贵国政府中哪个/哪些部门主要负责工商业与人权事务？
- Ministry of Environment, Science and Technology (MEST)
- Ministry of Lands and Natural Resources
- Commission on Human Rights and Administrative Justice (CHRAJ)
2011年6月《联合国指导原则》获得通过后，贵国是否采取了新的工商业和人权举措或加强了已有举措？
Yes. The Government of Ghana supported CHRAJ in July 2014 to organize three workshops on the UN Guiding Principles on Business and Human Rights. The workshops were jointly organized by CHRAJ, Shift and SOMO. Shift is an independent non-profit centre for business and human rights practice, chaired by Prof. John Ruggie. SOMO is the Centre for Research on Multinational Corporations, a global non-governmental organization based in the Netherlands. The Ministry of Lands and Natural Resources is also working towards implementation of the Voluntary principles of security and human rights.
您的政府采取行动后，对工商企业最大的五个人权影响是什么？
Top five priority issues:
- Health (including environmental health, workplace health & safety)
- Forced labour & trafficking
- Access to water
- Abuses linked to security for company operations (e.g.: torture & ill-treatment)
- Impacts on children, including child labour
就健康问题采取行动
The Constitutional, legislation and policies promote and protect, among other things, environmental health, workplace health & safety, which are also well protected by an active and vibrant trade unions.
就强迫劳动和拐卖问题采取行动
Forced labour & trafficking are prohibited by law.
就获得水采取行动
Access to water: especially in rural communities is expanding across the country.
就与安全公司的关系采取行动
It appears abuses linked to security for company operations (e.g.: torture & ill-treatment) have reduced, with companies now improving communications with local communities. Majority of companies take their corporate social responsibility seriously.
就儿童问题采取行动
Child labour is prohibited.
贵国是否制定了联合国人权理事会和工商业与人权工作组所倡导的《国家工商业与人权行动计划》，或者是否打算这样做？
No. But the Government is working towards the adoption of a country action plan on the VPs instead. It is foreseeable that a country action plan will be adopted. The foundation has been laid in July 2014 by organizing three workshops on the UN Guiding Principles on Business and Human Rights aimed towards implementation of the Guidelines.
如果贵国已经制定国家行动计划或打算这么做，请重点说明这些举措是否参考国际人权标准，制定时是否与受影响的利益攸关者进行了磋商。
The foundation laid in July, 2014 jointly by CHRAJ/ Shift and SOMO promises a national action plan based on the relevant international human rights instruments for Business and Human Rights as well as the VPs.
补救途径: 采取了哪些举措推出新的司法或行政性补救手段，或减少受害者使用现有补救手段时面临的障碍？
Alternative Dispute Resolution (ADR) is seriously promoted by the Judiciary. A court connected ADR is implemented in the courts in Ghana. The commercial courts also allow arbitration before parties resort to adversarial litigation. In addition, CHRAJ receives approximately 12,000 complaints annually and resolves about 80% of these cases. Non-custodial sentencing is also being considered in conformity with international human rights standards. These measures are adopted based on recommendations by the stakeholders including academe and media.
您的政府采取了什么行动去改善非司法补救措施？
Alternate dispute resolution is being promoted.
补救途径: 针对总部设在贵国的企业及其附属机构，贵国是否采取措施加强对它们在海外人权影响的问责？如果是，请说明。
None.
有什么因素阻碍您的政府就工商企业与人权采取行动？
Most important factor:
- Lack of resources for enforcement, monitoring and prosecution
Significant factors:
- Opposition by economic interest groups or business associations
- Concern about deterring foreign investment
- Lack of understanding or awareness of business & human rights in government
- Challenges of coordinating across government departments
Minor factor:
- Opposition or lack of consensus within government
- Other opposition by influential people or groups outside government
- Political limitations imposed by foreign governments or multilateral institutions
如果贵国希望获得支持，哪种形式的支持最能够帮助贵国推动改善公司对人权的影响？
- Technical assistance,
- Collaborative learning and
- Capacity building.