by Paula Määttä

VII. Ghana

D. Supervision and enforcement of the equal pay principle

1. National Advisory Committee on Labour

The National Advisory Committee on Labour has recently recommended that the Minister for Employment and Social Welfare should issue appropriate directives to the TUC and to the Ghana Employers Association prohibiting the use of gender discriminatory provisions or language in future collective bargaining agreements.

2. Commission on Human Rights and Administrative Justice

A Commission on Human Rights and Administrative Justice investigates complaints of violations of fundamental rights and freedoms like equal pay for equal work and unfair treatment of any person by a public officer. The Committee investigates 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 lack of equal access by all in respect to employment in those services. In addition, it can investigate practices and actions by persons, private enterprises and other institutions.

The Commission on Human Rights takes appropriate action such as negotiating compromises between the parties concerned, investigating complaints and making findings on them, and bringing proceedings before the court for resolution.

3. Judicial proceeding

The Judiciary consists of the Superior Courts of Judiciary comprising the Supreme Court, the Court of Appeal and the High Court, Regional Tribunals, and lower courts.

The Chief Labour Officer is empowered to visit all establishments to see that equality rules are observed, and is able to prosecute employers for non-compliance (cedaw 1991, 30-31). If a woman alleges that she has not received equal pay for equal work, she may, without prejudice to any other action that is lawfully available, apply to the High Court for redress. The High Court may issue such directions or orders as it may consider appropriate for the purposes of enforcing any of the provisions on the fundamental human rights and freedoms. A person aggrieved by a determination of the High Court may appeal to the Court of Appeal with the right of a further appeal to the Supreme Court.

The 1969 Labour Regulations prohibit employers from discharging or otherwise discriminating against any person who has made a complaint or given evidence or assisted in any way in respect of the initiation or presentation of a complaint or other proceedings to secure the right to equal pay. (ILO 1986, 132).

In addition to any remedies that may be granted by the Court the Labour Regulations of 1969 also make provision for penalties. These consist of fines up to 200 new cedis, terms of imprisonment of up to three months, or both.