Ghana
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Features of Constitution1

Is there a constitution? Yes
Does the constitution provide for freedom of religion? Yes

Constitution2

Constitution Year 1992
Last Amended 1996
Source UNHCR Refworld
Translation Original was written in English
Current as of May 11, 2011

Constitution Excerpts (clauses that reference religion)2

Preamble

IN THE NAME OF THE ALMIGHTY GOD


12.

(1) The fundamental human rights and freedoms enshrined in this chapter shall be respected and upheld by the Executive, Legislature and Judiciary and all other organs of government and its agencies and, where applicable to them, by all natural and legal persons in Ghana, and shall be enforceable by the Courts as provided for in this Constitution.
(2) Every person in Ghana, whatever his race, place of origin, political opinion, color, religion, creed or gender shall be entitled to the fundamental human rights and freedoms of the individual contained in this Chapter but subject to respect for the rights and freedoms of others and for the public interest.


16.

(1) No person shall be held in slavery or servitude.
(2) No person shall be required to perform forced labor.
(3) For the purposes of this article, "forced labor" does not include �
(a) any labor required as a result of a sentence or order of a court; or
(b) any labor required of a member of a disciplined force or service as his duties or, in the case of a person who has conscientious objections to a service as a member of the Armed Forces of Ghana, any labor which that person is required by law to perform in place of such service; or
(c) any labor required during any period when Ghana is at war or in the event of an emergency or calamity that threatens the life and well-being of the community, to the extent that the requirement of such labor is reasonably justifiable in the circumstances of any situation arising or existing during that period for the purposes of dealing with the situation; or
(d) any labor reasonably required as part of normal communal or other civic obligations.


17.

(1) All persons shall be equal before the law.
(2) A person shall not be discriminated against on grounds of gender, race, color, ethnic origin, religion, creed or social or economic status.
(3) For the purposes of this article, "discriminate" means to give different treatment to different persons attributable only or mainly to their respective descriptions by race, place of origin, political opinions, color, gender, occupation, religion or creed, whereby persons of one description are subjected to disabilities or restrictions to which persons of another description are not made subject or are granted privileges or advantages which are not granted to persons of another description.


21.

(1) All persons shall have the right to �

(a) freedom of speech and expression, which shall include freedom of the press and other media;
(b) freedom of thought, conscience and belief, which shall include academic freedom;
(c) freedom to practice any religion and to manifest such practice;
(d) freedom of assembly including freedom to take part in processions and demonstrations;
(e) freedom of association, which shall include freedom to form or join trade unions or other associations, national or international, for the protection of their interest;
(f) information, subject to such qualifications and laws as are necessary in a democratic society;
(g) freedom of movement which means the right to move freely in Ghana, the right to leave and to enter Ghana and immunity from expulsion from Ghana.


26.

(1) Every person is entitled to enjoy, practice, profess, maintain and promote any culture, language, tradition or religion subject to the provisions of this Constitution.
(2) All customary practices which dehumanize or are injurious to the physical and mental well being of a person are prohibited.


28.

�(4) No child shall be deprived by any other person of medical treatment, education or any other social or economic benefit by reason only of religious or other beliefs...


30.

A person who by reason of sickness or any other cause is unable to give his consent shall not be deprived by any other person of medical treatment, education or any other social or economic benefit by reason only of religious or other beliefs.


35.

�(5) The State shall actively promote the integration of the peoples of Ghana and prohibit discrimination and prejudice on the grounds of place of origin, circumstances of birth, ethnic origin, gender or religion, creed or other beliefs...


55.

� (4) Every political party shall have a national character, and membership shall not be based on ethnic, religious, regional or other sectional divisions...
� (7) For purposes of registration, a prospective political party shall furnish the electoral commission with a copy of its constitution and the names and addresses of its national officers: and shall satisfy the commission that �
(a) there is ordinarily residence, or registered as a voter in each district of Ghana, at least one founding member of the party:
(b) the party has branches in all the regions of Ghana and is, in addition, organized in not less than two thirds of the districts of each region; and
(c) the parties name, emblem, color, motto or any other symbol has no ethnic, regional, religious or other sectional connotations or gives the appearance that it activities are confined only to a part of Ghana�


56.

Parliament shall have no power to enact a law to establish or authorize the establishment of a body or movement with the right or power to impose on the people of Ghana a common program or a set of objectives of a religious or political nature.


166.

(1) There shall be established by Act of Parliament within six months after Parliament first meets after the coming into force of this Constitution, a National Media Commission which shall consist of fifteen members as follows �
(a) one representative each nominated by
� (iv) the Christian group (the National Catholic Secretariat, the Christian Council, and the Ghana Pentecostal Council)
(v)the Federation of Muslim Councils and Ahmadiyya Mission;


206.

There shall be established a Prisons Service Council which shall consist of -
�(h) a representative of such religious bodies as the President may, in consultation with the Council of State, appoint;


209.

(1) There shall be established for each region a Regional Prisons Committee which shall consist of -
�(i) representatives of such religious bodies as the Regional Minister may deem fit to appoint.


SECOND SCHEDULE

FORMS OF OATH

THE OATH OF ALLEGIANCE

I, _______ do (in the name of the Almighty God swear) (solemnly affirm) that I will bear true faith and allegiance to the Republic of Ghana as by law established; that I will uphold the sovereignty and integrity of Ghana; and that I will preserve, protect and defend the Constitution of the Republic of Ghana. (So help me God.)
(To be sworn before the President, the Chief Justice or such other person as the President may designate.)


THE PRESIDENTIAL OATH

I, _______ having been elected to the high office of President of the Republic of Ghana do (in the name of the Almighty God swear) (solemnly affirm) that I will be faithful and true to the Republic of Ghana; that I will at all time preserve, protect and defend the Constitution of the Republic of Ghana; and that I dedicate myself to the service and well-being of the people of the Republic of Ghana and to do right to all manner of persons.
I further (solemnly swear) (solemnly affirm) that should I at any time break this oath of office I shall submit myself to the laws of the Republic of Ghana and suffer the penalty for it. (So help me God.)
(To be administered by the Chief Justice before Parliament.)


THE OATH OF THE VICE-PRESIDENT

I, _______ having been elected to the office of Vice-President of the Republic of Ghana, do (in the name of the Almighty God swear) (solemnly affirm) that I will be faithful and true to the Republic of Ghana; that I will at all times preserve, protect and defend the Constitution of the Republic of Ghana; and I dedicate myself to the service and well-being of the people of the Republic of Ghana and to do right to all manner of persons.
I further (solemnly swear) (solemnly affirm) that should I at any time break this oath of office, I shall submit myself to the laws of the Republic of Ghana and suffer the penalty for it. (So help me God).
(To be administered by the Chief Justice before Parliament.)


THE JUDICIAL OATH

I, _______ having been appointed (Chief Justice/a Justice of the Supreme Court/a Justice of the Court of Appeal/a Justice of the High Court of Justice, etc.) do (in the name of the Almighty God swear) (solemnly affirm) that I will bear true faith-and allegiance to the Republic of Ghana as by law established; that I will uphold the sovereignty and integrity of the Republic of Ghana; and that I will truly and faithfully perform the functions of my office without fear or favor, affection or ill-will; and that I will at all times uphold, preserve, protect and defend the Constitution and laws of the Republic of Ghana. (So help me God.)
(To be sworn before the President, the Chief Justice or such other person as the Chief Justice may designate.)


THE OATH OF MEMBER OF COUNCIL OF STATE

I, _______ do (solemnly swear in the name of the Almighty God) (solemnly affirm) that I will faithfully and conscientiously perform my duties as a member of the Council of State and uphold, preserve, protect and defend the Constitution of the Republic of Ghana.
(So help me God).
(To be sworn before the President.)


THE CABINET OATH

I, _______ having been appointed a member of the Cabinet do (in the name of the Almighty God swear) (solemnly affirm) that I will not directly or indirectly reveal such matters as shall be debated in the Cabinet and committed to my secrecy; and that I will uphold, preserve, protect and defend the Constitution of the Republic of Ghana. (So help me God).
(To be sworn before the President.)


THE OATH OF MINISTER OF STATE

I, _______ having been appointed Minister of State (Deputy Minister) of the Republic of Ghana, do (in the name of the Almighty God swear) (solemnly affirm) that I will at all times well and truly serve the Republic of Ghana in the office of Minister of State (Deputy Minister;) that I will uphold, preserve, protect and defend the Constitution of the Republic of Ghana as by law established; that I will, to the best of my judgment, at all times when required, freely give my counsel and advise for the good management of the public affairs of the Republic of Ghana; and that I will not directly or indirectly reveal any matters that shall come to my knowledge in the discharge of my duties and committed to my secrecy as Minister of State (Deputy Minister). (So help me God.)
(To be sworn before the President.)


THE OATH OF SECRECY

I, _______ holding the office of _______ do (in the name of the Almighty God swear) (solemnly affirm) that I will not directly or indirectly communicate or reveal to any person any matter which shall be brought under my consideration or shall come to my knowledge in the discharge of my official duties except as may be required for the discharge of my official duties or as may be specially permitted by law. (So help me God.)
(To be sworn before the President, the Chief Justice or such other person as the President may designate.)


THE OFFICIAL OATH

I, _______ do (in the name of the Almighty God swear) (solemnly affirm) that I will at all times well and truly serve the Republic of Ghana in the office of .......................................and that I will uphold, preserve, protect and defend the Constitution of the Republic of Ghana as by law established. (So help me God).
(To be sworn before the President or such other person as the President may designate.)


THE SPEAKER�S OATH

I, _______ do (in the name of the Almighty God swear) (solemnly affirm) that I will bear true faith and allegiance to the Republic of Ghana as by law established; that I will uphold the integrity of the Republic of Ghana; that I will faithfully and conscientiously discharge my duties as Speaker of Parliament; and that I will uphold, preserve, protect and defend the Constitution of the Republic of Ghana; and that I will do right to all manner of persons in accordance with the Constitution of Ghana and the laws and conventions of Parliament without fear or favor, affection or ill-will. (So help me God.)
(To be sworn before the Chief Justice.)


THE OATH OF A MEMBER OF PARLIAMENT

I, _______ having been elected a member of Parliament do (in the name of the Almighty God swear) (solemnly affirm) that I will bear true faith and allegiance to the Republic of Ghana as by law established; that I will uphold, preserve, protect and defend the Constitution of the Republic of Ghana; and that I will faithfully and conscientiously discharge the duties of a member of Parliament. (So help me God.)
(To be sworn before the Speaker.)


THE OATH OF THE AUDITOR-GENERAL

I, _______ having been appointed Auditor-General of the Republic of Ghana do (in the name of the Almighty God swear) (solemnly affirm) that I will bear true faith and allegiance to the Republic of Ghana; that I will uphold, preserve, protect and defend the Constitution of the Republic of Ghana; and that I will truly and faithfully perform the functions of my office without fear or favor, affection or ill-will. (So help me God.)
(To be sworn before the President, or such other person as the President may designate.)

Sources

1.  Data under the "Features of Constitution" heading are drawn from coding of the U.S. State Department's 2008 International Religious Freedom Reports conducted by researchers at the Association of Religion Data Archives. The article by Brian Grim and Roger Finke describes the coding of the International Religious Freedom reports. A dataset with these and the other international measures highlighted on the country pages can be downloaded from this website. Used with permission.

2.  The constitutional excerpts shown above are reproduced from the websites given in the "Source" field; the links to these websites were active as of May 2011. Where the constitutional text shown on these websites was provided in a language other than English, this text was translated to English by ARDA staff with assistance from web-based translation utilities such as Google Translate and Yahoo! Babel Fish. Constitutional text was converted to American English where applicable. Constitutional clauses were judged to contain religious content based largely on the standards used in the construction of the Religion and State Constitutions Dataset collected by Jonathan Fox. Emphases were added to the text by ARDA staff to highlight religious content in articles that also contain content that does not pertain to matters of religion. The data on this page were correct to the best of the knowledge of the ARDA as of the date listed in the "Current as of" field shown above. Please contact us at arda@pop.psu.edu if you are aware of any incorrect information provided on this page.