Is local justice too expensive for the poor?
1 Sep 2009
Is local justice too expensive for the poor?
Is local justice too expensive for the poor?
It is no secret that the court system in Ghana is overloaded with cases and that delay and expense make it very difficult for poor people to get access to justice. The APP research programme is investigating how one government-supported institution, the Commission on Human Rights and Administrative Justice, appears to be offering a cheaper and more accessible form of dispute resolution through its District offices.
“Those who do not have money to seek justice at the courts are those who come here. We come here because we do not have money,” says Mr. Gabriel Adinkra, a retired educationist and a poultry farmer of Dormaa in the Brong Ahafo region.
Mr. Adinkra (right) in an interview with Mr. Dzeble, APPP Communication Officer in Dormaa-
Mr. Adinkra was giving reasons why he took his case to the Commission of Human Rights and Administrate Justice for settlement. “CHRAJ is considerate. When you come here, they pay attention to you. The other courts are not the same. I cannot pay the huge sums they require before they settle your case. Besides, they take too long to settle cases there. As you can see, I don’t have the strength for litigation now,” he concluded.
Another farmer, Mr. Tutu Evans, who came to register a land case with the Commission, said his brother advised him to come here because there is no money involved in the case,” he said amidst laughter.
But the Dormaa Municipal Director of CHRAJ, Freeman Ndoh has a slightly different opinion. “Although our services come with no cost to the people which indeed is an attraction to them), there are other reasons. The Commission is located at the lorry station and so it is accessible to all. Sometimes we have to shut the door because of the noise outside but we are within the reach of everyone.
“Secondly, the mediation process is quite simple. We are patient with everyone— we listen to them and show a lot of concern in each case. Together, we all agree on the recommendations. This makes it easy for many people to abide by our decisions.
“Then of course, we spend less time in settling cases. They do not have to keep coming back all the time unless there is a reason to do so. This arrangement is convenient for many of them,” he said. The Director said a few times they have had to go to court when a party fails to comply with the decision.
The Commission on Human Rights and Administrative Justice is a constitutional judicial and investigative organisation which took over the functions of the former Ombudsman in 1993. Its mission is to investigate maladministration and abuses of power by government and to protect the human rights of ordinary citizens. It is supported by quarterly subvention from government.
