Exploring human rights in traditional conflict resolution processes in Ghana, a study of Akyem Abuakwa traditional area.

Abstract

This study examined whether the traditional courts have adequate mechanisms that promote and protect human rights in the course of settling disputes. This situation offers an avenue for the study of the traditional arbitration systems and human rights promotion and protection. As a result, this work undertook a study of the situation in the Akyem Abuakwa Traditional Council, Kyebi in the Eastern Region. The study set out to find out whether in the exercise of power and authority during arbitration the dignity and, fundamental human rights and freedoms of people who appeared before the traditional arbitrators were protected and not abused. Both qualitative and quantitative methods were adapted towards achieving the objectives of the study. Data was collected through interviews, questionnaire and observation of respondents and purposive sampling technique was also used to select respondents. The researcher employed an interview and observational guides to elicit information. The study established that infractions which have occurred during arbitration were as a result of factors such as the absence of state’s oversight responsibility in traditional judicial matters and low level of knowledge of the arbitration panel in techniques, concepts and skills of modern arbitration. The study revealed that mitigating the infractions existing in the arbitration processes require regular training of the arbitration panel. It was recommended that state should exercise oversight responsibility on the traditional courts through enactment to formalise their activities so that they could operate within the limits of the Constitution of the Republic.