Book Review: Global Ombudsman and National Human Rights Institutions by Reginald Nii Odoi

The title of this book authored by Reginald Nii Odoi is Global Ombudsman and National Human Rights Institutions: Mandate and Competencies of Ghana’s Commission on Human Rights and Administrative Justice (CHRAJ) under the 4th Republic. A brief summary and purpose of the book follows.

The role of quasi-judicial bodies is without doubt of golden importance especially in parts of the world where the adversarial system of justice is practiced. In such systems, the reactive nature of the courts makes them unable to ensure the full enforceability and promotion of human rights, constitutionalism, rule of law and administrative justice, amongst others. As a result, many victims of human rights violations and other breaches of the law, due to illiteracy and ignorance, are unaware of their rights and thus are unable to exercise the enforcements and protection of same in the courts. Also, some victimsduetofinancialconstraintsorthefearofunendinglitigationshyawayfromthecourts.

More so, the corrupt and selfish activities of many Government officials and public servants have gone a long way to impede the development of many nations especially the developing ones. Coupled with constant abuse of power, these corrupt and selfish acts of public officials account for the reason why several people remain poor in today’s world. Allowing these to go unchecked would surely be catastrophic.

There are several institutions aside the mainstream courts that can be empowered and strengthened to clamp down on all forms of corruption, abuse of power, human rights abuse, amongst others, and by so doing ensure a more focused and all rounded development agenda that would benefit all persons. This is where Global Ombudsman and National Human Rights Institutions come in. They are established with a constitutional and/or legislative mandate of offering a non-judicial path to ensuring the adherence to the rule of law and constitutionalism. They serve as cornerstones of national human rights protection systems, administrative justice, transparency, ethics and are also “relay mechanism”between international human rights norms and the national level. Many countries have established such institutions and have tasked them with specific functions and mandates which they must carry out in accordance with law.

In Ghana, the Commission on Human Rights and Administrative Justice (CHRAJ) was set up on 6^thJuly 1993 pursuant to the provisions of the 1992 Constitution. Parliament later enacted the Commission on Human Rights and Administrative Justice Act, 1993 (Act 456) in that regard.CHRAJ was given the mandate to promote and protect human rights using guidelines of the Paris Principles specifically empowering it with investigative powers and also empowered to take over the functions of the then Ombudsman.

As the Ombudsman, CHRAJ is mandated to stop all forms of injustices meted out to ordinary citizens by public and government officials which arise from the performance of their constitutional obligations. The Ombudsman thus, fueled by public opinion and trust, looks out for and reports on the areas where the citizens have suffered an injustice as a result of the due application, misapplication or non-application of parliamentary edicts and recommendsredress.

The book is thus very significant, necessary and important because it considers the historical basis to the establishment of Ombudsman and National Human Rights Institutions globally and by so doing considers the influence they have in today’s world in ensuring the promotion of the rule of law, constitutionalism, protection of human rights amongst others. It further narrows down on Ghana’s CHRAJ and in the process highlights the critical role that CHRAJ plays in promoting and protecting human rights and ensuring the rule of law.

In light of Ghana’s political and legal history, it is expedient that CHRAJ maintains its widespread but properly controlled investigate role since it provides a low-cost access to the enforcement of human rights, bypassing the high cost of access to the judicial system. CHRAJ thus has the potential of extending the reach of fundamental human rights to many ordinary people and protecting them from abuse of power, corruption and unfair treatment by publicofficials.

The primary role of this book is to establish the scope of CHRAJ’s mandate and competencies within the broader scope and functioning of the global Ombudsman and National Human Rights Institutional framework, as well as ensuring the protection of the Human Rights provisions enshrined in the 1992 Constitution. The book also reviews CHRAJ’s work under Ghana’s 4^thRepublican era, assesses its achievements, investigative works, its contribution to promoting a Ghanaian society of the rule of law and most importantly the challenges that it is faced with.

The main concept behind the study is geared towards promoting a liberal and purposive interpretation of provisions of the Constitution and other legal rules that to a large extent border on the protection of Human Rights and whose effect affect human rights. Thus, it is submitted that the scope of CHRAJ’s mandates be construed liberally so as to ensure that its mandate is achieved and accordingly deliver it from being a “toothless bulldog.”

By The Good Shepherd Love Foundation Media Team, 2020.