Female Migrant Porters' Rights in Accra: A Master's Thesis

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Masters Thesis
Research · October 2015
DOI: 10.13140/RG.2.1.1521.7362
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CHAPTER ONE
1.0 Introduction
The recent phenomenon of female migrant porters’(kayayei) presence in the
commercial cities of Accra, Kumasi and Takoradi have become a grave concern to
many Ghanaians. This study focuses on the capital, Accra because it is the fastest
growing and industrial hub of Ghana. The concentration of industries and economic
activities in the national capital is attracting many young people, particularly young
girls. Majority of these young women migrated from Northern Ghana to
Ghana’s
commercial cities in search of economic opportunities to better their lives. The main
reason cited by these young migrants for migrating was poverty and desire to enhance
their living standards. The majority of these female migrant porters are young. The
reasons for Northern out-migration
to
particularly Ghana’s capital, Accra have
received significant research ( Nabila, 1985; Opare, 2003; Tanle, 2003; Awumbila,
2005; Yeboah, 2008). However, what this study seeks to do is, to focus on the human
rights of female migrant porters at their destination.
1.1 Background To The Study
In Ghana, internal labour mobility particularly the north-south migratory stream has
received significant studies ( Tanle, 2003; Songsore, 2003; Opare, 2003; Awumbila,
2005; Yeboah, 2008). The consequence of north-south migratory stream is the
unprecedented growing phenomenon of female migrant porters in Ghana’s commercial
cities Accra, Kumasi and Takoradi. These female migrant porters have been tagged
with different names within the social context that they operated their kaya business. In
Kumasi, the migrants are called “ paa-o-pa” and in Accra, they are referred to as
“kayayoo or kayayei”. “Kayayoo” is the Ga terminology used to describe a woman
1
who carries head loads for a negotiated fee. Etymologically kayayoo comes from two
words, Hausa and Ga. In Hausa, kaya means wares or goods whilst “Yoo” in Ga means
woman. A kayayoo means a female head porter in Accra (Awumbila, 2007; Yeboah,
2008; Yeboah and Appiah –Yeboah, 2009).
Documented evidence indicates that majority of kayayei working in Accra hail from
the three northern regions and that women represented 47% as against 37% of men
(Ghana Statistical Service, 2008, GLSS5). Majority of kayayei are unskilled and are
relegated to a low status of the informal sector of economic activities. They occupy in
the “three Ds” jobs, dirty, dangerous and difficult as observe in Asia (ILO, 2001: P
12).
According to Ghana Statistical Service (2007), Ghana’s northern regions are poor and
women bear greater brunt of poverty. As suggested by Yeboah (2008) poverty is
feminising. As a way of escaping poverty, women migrate to southern cities to engage
in portering which requires no qualification to enter in the informal sector (Yeboah,
2010:56). The kayayoo is the most commonly sighted north-south migrant in the
bigger cities (PPVA, 2011). Kayayei phenomenon is a direct result of Ghana internal
migration as a result decades of economic deprivation in the north.
Internal labour mobility particularly north-south migratory stream has been practiced
greatly within Ghana for centuries (Awumbila, 2005). Migration studies have
identified four typologies of migration as rural-rural, rural-urban, urban-rural and
urban-urban (Twumasi-Ankrah, 1995; Simon, McGregor, Nsiah-Gyabaah, 2004). The
most dominant migratory stream particularly in the Northern Ghana is the rural-urban
migration.
According to the World Migration Report 2010, 214 million people worldwide were
on the move and 49% were women. Out of 190 million or so migrants in the world
2
today, almost 50% are females, majority having migrated from and within developing
countries
(Omelaniuk,
2005).
Stressful
economic
conditions,
poverty
and
unemployment, protracted ethnic conflicts, income disparities and living standards,
landlessness, effect of environmental change, technological revolution, social network
amongst other factors have been cited as motivation to inform the households decision
to migrate (Adu-Gyamfi, 2001; Adepoju, 2005,; 2006,; 2008,; Anarfi and Kwankye,
2005,;
UNDP, 2005). Under these conditions, migration remains an important
livelihood strategy
for migrants to deal with declining socio-economic conditions
(Manuh, 2001:19).
Ghana’s migration has manifested itself in many forms. At one point, highly trained
and educated professionals including doctors, engineers, pharmacists, nurses and
teachers emigrated abroad to seek higher paying jobs ( Anarfi, Awusao-Asare and
Nuamah, 2000; Manuh,2001; Martineau and Decker, 2004,; Castaldo, 2007,; Yeboah
and Appiah, 2009). The United States and the United Kingdom are cited as beneficiary
destinations for these emigrated professionals (WHO, 2004; Teng-Zeng, 2007). At
other points, unskilled rural youths move from the underdeveloped regions to the cities
to do menial jobs (Twumasi-Ankrah, 1995; Boakye-Yiadom and Mackay, 2007). A
majority of these low –skilled migrants end up working in the informal sectors in
occupations which require very little or no education and skills as porters, petty
traders, street hawkers, food vendors, seasonal labourers in cocoa farms (Adunyame,
1999; Bortei-Doku, 2000; Hashim, 2007; GSS, 2008).Female migrants working as
porters and domestic workers are the focus of this study. Porters (kayayei) are people
who carry /transport goods for shoppers or traders in and around commercial centres
for a negotiated fee (Awumbila, 2005; Yeboah, 2008).Domestic workers on the other
hand are defined as workers who are not members of the family or household but who
3
are employed to “facilitate the running of domestic life and person needs”(ILO,
2000:31).
According to Nabila, (1975) and Songsore, (2003), migration was a predominantly
male activity and later females migrated to join their husbands and relatives as
associational migrants especially in northern Ghana. This view is largely shared by
many writers including Boakye-Yiadom (2006).
Recent migration studies have shown a new emerging trend and remarkable
renaissance in the interest in female migration both at the internal and international
fronts (Adepoju, 2004; Martin, 2005). Young females who now form the majority in
internal migration, move from northern Ghana to urban centres in the south. They
mostly work as ‘kayayei’ (porters) in market centres and lorry stations in Accra
(Tanle,2003; Anarfi and Kwankye, 2003; Awumbila, 2005; Awumbila and ArdafioSchandorf, 2008; Manuh, Quartey, Tagoe and Bosiakoh, 2008).Migration literature has
demonstrated that women who migrate independently and autonomously do so for
socio-economic reasons contrary to the earlier assertion that defined women as
associational migrants. Adepoju (2004) described migration in Sub-Saharan Africa
including Ghana as feminising. More women are showing interest in both internal and
international migration simply to improve upon their economic earnings.
Most migrant porters come from the three northern regions of Ghana (Northern region,
Upper East, region and Upper West region). The major occupation in the north is
subsistence farming with few individuals engaging in petty trading. The farming has
become difficult because of the erratic rainfall and infertile land. Farming seasons have
become short, lasting for six months from June to November with a long stretch of
drought. According to Opportunities Industrialization Centre International (OICI), an
4
organization that deals with human resources development, Ghana is among countries
with low income and food insecurity (OICI, 2007). The Northern, Upper East and
Upper West regions are Ghana’s poorest regions with high levels of food insecurity
and malnutrition. Eighty percent of the population in the three northern regions are
poor (Ghana Statistical Service, 2000,; 2005, Awumbila, 2005,; Norton, Botey-Doku,
Korboe and Dogbe,1995).The introduction of trade liberalization and Structural
Adjustment Programme (SAP) seriously affected the development in the north and the
subsequent removal of subsidies on agriculture and health and other important social
services compounded the problems in the north. The poor and the destitute could not
afford the cost of health services and this phenomenon came to be known as “cash and
carry system”. The net result of this was that, the north was promoted as labour supply
hence the current trend of North-South migration to Accra and Kumasi to engage in
portering as occupation to earn a living.
Some migration literature mention poverty, lack of social infrastructure and
employment opportunities, dehumanizing socio-cultural practices (genital cutting,
early marriage, widowhood rites), and ethnic conflicts contribute to the north-south
migratory stream (Nabila, 1975,; Opare, 2003; Anarfi et al, 2003,; Anarfi and
Kwankye, 2005,; Awumbila et al, 2008). According to
the World Bank (2008),
economic constraints push rural dwellers to migrate to the cities in search of nonexiting jobs. Migration is used as a means of livelihood diversification to cope and
escape poverty (Ellis, 2000:70) .The poverty levels in northern Ghana are high and
poverty is feminising (GSS, 2007,; Wrigley-Asante,2008). More women suffer the
incidence of income poverty than men. Women are the majority in the world’s poor
and their disproportionate share of poverty is rising relative to men (Chant, 2006).
Contrarily, some migration scholars have disagreed that poverty is a major cause of
5
migration .They contend that, it is not always the poor who migrate because of the
associated costs and opportunities involved( Adams and Page,2003,; Sabates-Wheelar,
Sabates and Castaldo, 2005,; Omelaniuk, 2005,; World Bank, 2005). .
In developing economies like Ghana, the size of the economy is relatively small and
the government cannot afford to provide employment for all her citizens. In this
regard, the informal sector plays an important role to complement government efforts
by providing the additional jobs to meet the demand by the growing population.
According to Roy and Wheeler (2006:45) over 80% of all enterprises in West Africa in
the early 2000s operated informally and employ 50% of the workforce. The informal
sector is unregulated and is characterised by lack of protection of workers’ rights and
high degree of exploitation. The urban informal sector inherently appears to be a
double-edged sword. While providing means for livelihood for millions of the
population, it comes along with a specific set of human rights violations and abuses of
workers’ rights. Female migrants are unorganized though, so they are vulnerable and
susceptible to gender specific forms of physical and other abuses. This is the primary
focus of this research to unearth these abuses and suggest appropriate
recommendations to promote and protect migrants’ rights consistent with ILO Labour
laws.
Ghana has ratified international human rights instruments which are applicable to
migrants. These core human rights instruments are: International Covenant on Civil
and Political Rights (ICCPR, 1966); International Covenant on Economic, Social and
Cultural Rights (ICESCR),1966: International Convention on the Elimination of All
forms of Racial Discrimination(ICERD,1965) Convention on the Elimination of All
forms of Discrimination Against Women (CEDAW, 1979) Convention on the Rights
of the Child (CRC,1989) Convention Against Torture and other Cruel, Inhumane or
6
Degrading Treatment or Punishment (CAT,1984) International Convention on the
Protection of the Rights of All Migrant Workers and their Families, 1990; Convention
on the Rights of Person with Disabilities 2006; African Charter on Peoples’ Rights
(ACHPR,1981) The UN Charter 1945; The Universal Declaration of Human Rights
(UDHR),1948 ECOWAS Charter and Protocol among others:( Anyidoho, 2009). To
what extent have all these laws worked to protect Ghanaians including migrants
against human rights violations and abuses? What punishments are meted out to human
rights abusers? Are migrants aware that their rights are violated? This study seeks to
identify the abuse of kayayei’s right and the key practices and patterns of the abuse and
the causes of migrant women’s vulnerability to human right abuse within their places
of work in Accra and explore ways of protecting migrant women’s right in their area of
operation.
1.2 Statement of the problem
Migration is a worldwide and intra and inter-regional phenomenon accompanied by an
increase in the violation of the human rights of migrants. Migrants like any other
persons also have human rights (Atsenuwa,1999), as contained in the UN International
Convention on the Protection of the Rights of All Migrant Workers and Members of
their Families(1990).Throughout the migration cycle, migrants workers and their
families are victims of a wide range of human rights abuses ( Atsenuwa and
Adepoju,2010).
Female migrant porters working in the informal sector without legal regulatory and
protective mechanisms experienced serious violations and abuses of their fundamental
human rights. The lives of female migrant porters are characterised by a complete lack
of the right to a life of dignity as migrants, as slum dwellers, workers in the informal
7
sector. Migrant porters are vulnerable to gender-specific forms of physical and sexual
exploitation.
The study seeks to examine the nature of human rights violations against female
migrant porters in the city of Accra and the human rights abuse factors.
1.3 Purpose of the study
The research study attempts to investigate the human rights violations or abuses of
female migrants’ porters working in selected markets in Accra. Specifically, the study
seeks to determine human right awareness, forms of abuse, human right abuses and
conditions or factors associated with human right abuses of migrant women in Accra.
Moreover, many scholars have conducted researches on the causes of north-south
migration streams, livelihood strategies of porters use to pursue their businesses, and
social networks of porters involved in migration processes ( Nabila,1975; Opare,2003;
Hashim,
2005a;
Meier,2005;
Awumbila,2005;
Awumbila
and
Ardayfio
Schandorf,2008 ;Yeboah,2008 and so on ). However, little or no research has focused
on human rights violations of female immigrants working in the informal sectors in
Accra
1.4 Objective (s) of the study
This study focus on four main objectives as outlined below:
(i)
Identify the forms of human rights abuses suffered by female migrant porter
and those who abuse them.
(ii)
Examine to the extent the kayayei (female migrants porters) are aware that
their rights are being abused
8
(iii)
Describe migrant kayayei’s level of awareness of human rights protection
measures for the Ghanaian citizens.
(iv)
Examine whether the kayayei have access to human rights protection
measures in Ghana.
1.5 Research questions
The study seeks to answer the following basic research questions:
(i)
What are the forms of the human rights abuses suffered by female migrant
porters and those who abuse them?
(ii)
Are the female migrant porters aware and have access to human rights
protection measures as Ghanaian citizens?
(iii)
Are female migrant porters aware that their rights are being abused?
(iv)
Do the porters have access to human rights protection measures available to
Ghanaian?
1.6 Significance of the study
The Ministry of Interior, the Ministry of Women and Children Affairs, the ministry of
employment and Social Welfare, National Development Planning Commission and
Non-Governmental Organizations (NGOs) interested in migration issues would benefit
immensely from the findings from this migrants human rights research. Kayayei’s
voices are not heard which could indicate that they are a marginalized, unrepresented,
unprotected, unorganized and socially excluded group of women. Ghana government
with financial assistance of International Organization for Migration (IOM) set up a
migration unit in Ministry of Interior to manage migration issues effectively and
efficiently. The finding will boost the ministry’s migration database and enable it to
9
put in place mechanisms to protect the rights of female porters as citizens of Ghana
and to reduce the possible threats to national security. Also, the findings would help
the Women’s Ministry which has a gender desk to fashion out vocational and lifelong
skill training for these migrant porters since portering is not sustainable lifelong
occupation. The recommendations would help the ministry to come out with
appropriate mechanisms to ensure maximum benefits from the porters. It would help
the national development planning commission to re-examine their development
strategies and invest in areas that have potential of generating sustainable jobs in the
three northern regions to reduce poverty to retain the youths especially the young
women. Again, the findings of the study would give the interested NGOs the direction
where they can step up their advocacy roles to help protect and promote the rights of
migrant workers in the major cities in Ghana.
The research would bring policy makers and concerned actors into a dialogue to find
practical and workable solutions to improve working conditions and protective
measures for female migrant workers in the areas of their human rights and welfare.
The research would also contribute to the existing migration literature in academia.
Moreover, the results of the study would provide evidence for future research works.
1.7 Delimitation and scope of the study
The subjects of the study were female migrant porters otherwise known as Kayayei
working in Accra. This study was conducted in particular areas in Accra such as
Makola market, Tema lorry station and Agbogbloshie , all in central business district
of Accra which was chosen for the reason that it is known as a place where there were
many migrants living and working. Besides, given the limited time that was available
to do the field work, it was necessary to focus on only few women migrants so as to be
10
able to get an in-depth understanding of their lives. Therefore, the conclusions made
are based on the findings of the in-depth interviews made with 11 female migrant
porters who live and work in selected areas. I recognise the fact that it could be
problematic to generalize the findings to all female migrant porters in general.
Due diligence was taken while selecting the sample study respondents to make sure
that it covered a range of experiences of the study population as much as possible, but
there is no claim that this sample is statistically representative.
1.8 Operational definition of key concepts
 Human Rights: basic entitlement due to human persons or basic standards that
relate to the dignity of a human being usually recognised by law in a state,
including politics, economic, cultural, children’s, women’s, individual and
group rights.
 Categories of human rights based on activities involved in the exercise of the
rights and the nature of individuals and groups that are predominant target
beneficiaries or the rights as:
 Political rights
 Economic rights
 Educational rights
 Cultural Rights
 Women’s Rights
 Children’s Rights
 Human Rights Abuse: Denial and or disrespect for one’s rights whether
political, economic, or cultural or environment.
 Human Rights Abusers: Perpetrators of human rights abuse or those who
commit human rights abuses
11
 Female migrant Porters: Women who carry individuals goods for a
negotiated fee also known in work place or areas of operation in Ghana as
kayayei
 Human Rights Awareness: one’s knowledge of human rights.
 Human Rights Protection Measures: institutions, processes, bodies or
persons that are associated with the protection of human rights.e.g courts,
police, ombudsman, etc
 Susu collectors: people who go round and collect other people daily sales
and keep on commission bases.
 Kaya business: commercial head loads carrying.
1.9 Organisation of the study
The research is organized into five chapters and the sub-headings. Chapter one
comprise the introduction, the background of the study, the conceptual framework,
statement of the problem, purpose of the study, objectives of the study, research
questions, significance of the study, delimitation, operational definition of the key
words, and the organization of the study. Historical development of North-South
migration, review of related literature and identification of gaps in the literature review
are the focus of chapter two. Chapter three focuses on the research design, study
areas, the study population, ethical considerations, methodology/ instrumentation, data
collections and data analysis. Chapter four discusses the findings according to themes.
Chapter five concludes the study by providing summary,
recommendations of the study.
12
conclusions and
CHAPTER TWO
REVIEW OF RELATED LITERATURE
2.0 Introduction
There has been a lot of research which focuses on the causes of north south migration,
the economic benefits of migration, and livelihood strategies of porters working in the
cities. This research looks at the migrants’ human rights as they work in the informal
sector of the Ghanaian economy in the city of Accra.
This chapter focuses on a review of related literature on the subject matter of the
research. The review is carried out under the following sub-titles:
 The concept of human rights and types
 Ghanaian Constitution and human rights
 Human rights protection mechanisms and institutions in Ghana
 International convention on the protection of the rights of all migrant workers
and members of their families
 Historical context of north-south internal migratory movement
 Feminisation of migration.
 The situation of migrant workers in the informal sector at the international level
 Female migrant porters’ human rights and vulnerability abuse
 Appraisal of reviewed literature and conclusion.
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2.1. Concept and types of human rights
The concept of human rights is omnibus as it permeates all spheres of human lives and
other specific areas such as development, environment, trade, debt, migration, labour
and conflict prevention. Human rights are basic rights and fundamental freedoms that
all members of human family are entitled to enjoy without distinction of any kind such
as nationality, sex, national or ethnic origin, race, religion, language, marital status or
other social status (UNUDHR, Art 2). Okunloye (2000) describes human rights as
those rights recognized by law in a state and accorded citizens and human persons and
normally documented in a country’s constitution. According to Mary Robinson, UN
High Commissioner for Human Rights (1997-2002), “Human rights are inscribed in
the heart of people; they were there longer before law makers drafted their first
proclamation”. This description is congruent with the statement made at the declaration
of American independence in 1776. These statements underscored the point that the
concept of modern day human rights which many state parties have subscribed to
emanated from natural rights.
The concept of human rights has a long and rich history. The earlier philosophers;
Thomas Hobbes, Thomas Paine, John Locke and Jean-Jacques Burlamaqui amongst
others trace the concept of human rights to natural rights and natural law in medieval
and Stoics times(Human Development Report, 2000). Kelsey and Peterson (2003) on
the other hand posit that the emergence of World War II and subsequent establishment
of the United Nations propelled human rights into global conscience.
The United Nations was born in 1945 following the end of the Second World War after
the League of Nations had failed to prevent the Second World War. The principal
goals of the UN as stated in its charter is to save succeeding generations from the
14
scourge of war by promoting and encouraging universal respect for human rights and
fundamental freedoms for all without distinction to race, sex, language or religion
(Kelsey and Peterson, 2003).
On December 10, 1948, the United Nations General Assembly adopted and
proclaimed the Universal Declaration of Human Rights which many states including
Ghana have signed and ratified. The Universal Declaration of Human Rights is
generally adopted by state parties as the foundation of international human rights law.
The Universal Declaration of Human Rights was to provide a common standard of
achievement for all peoples and nations and every organ of society to protect and
promote respect for human rights and fundamental freedoms (CHRAJ, 2008). The
underlying principles of human rights as entrenched in UNUDHR, all human rights are
natural, universal, inalienable, indivisible, and interdependent and interrelated to all
humans (Vienna Declaration and Programme of Action, 1993). The naturality of
human rights implied that all peoples are endowed with rights by God. Simply, natural
rights are inherent in our nature and they are not given by anybody as stated in article 1
of UDHR, “All humans are born free and equal in dignity and rights”. Human rights
are universal means that, they are applied to all people equally and without
discrimination to all people. All people everywhere in the world are entitled to them.
The concept of universality of human rights transcends national sovereignty in order to
protect individuals from abuse. Human rights are inalienable, that is to say that, as a
human being one cannot lose his/her human rights. They cannot be waived,
surrendered nor taken away except during the states of emergency. They are simply not
transferable to any person. The indivisibility means that all the rights that are civil,
political, economic, social and cultural cannot be ranked as being more important, a
priority or in a hierarchal order. They are all interconnected and indivisible. All the
15
rights are equal in status. Human rights are interrelated and interdependent in the sense
that human rights depend on each other and are applicable across all spheres of life.
Simply put, realization of one’s rights depend wholly or in part on the realization of the
other rights. All human rights should be treated as having equal value and importance
(CHRAJ Manual for schools, 2008; p.36). The equality, universality, indivisibility and
interdependency of human rights was re-echoed and endorsed at the 2005 World
Summit in New York (para.121). The World Conference on Human Rights in Vennia
Declaration in 1993 held that “All human rights are universal, indivisible
interdependent and interrelated”.
The concept of human rights in the modern sense underlies that human beings are
entitled to fundamental human rights and freedoms and these rights are universal,
inalienable, non-discriminatory, indivisible, interdependent and interrelated. Promotion
and observance of these fundamental human rights and freedoms are perquisite for
human survival and development.
2.1.1 Types of human rights
Human rights have been classified internationally and broadly into four categories.
They are civil and political rights, economic, social and cultural rights, group and
solidarity rights and environmental and developmental rights.
Civil and Political Rights. These rights are often considered to be fundamental of
human rights and are mostly codified and enshrined in national constitutions. These
rights are contained in articles two to twenty-one of the Universal Declaration of
Human Rights. The civil rights include individual rights to life, liberty and security,
equality and non-discrimination irrespective of nationality, race, gender, disability,
colour or religious belief.
16
Political rights on the other hand are rights of individual to participate in the political
and governance process in any given political community. These rights include the
right to vote and be voted for, freedom of speech and free press, freedom of assembly
and association. Civil and Political rights are also called “First generation” human
rights according Karel Vasak.
Economic, Social and Cultural Rights. These rights according to Kelsey and
Peterson (2003) are regarded as “progressive obligation” as they oblige governments to
ensure their realization through the available resources. Governments often regard
these rights as less important as they imposed heavy financial burden on such
governments. Karel Vasak referred these rights as “second generation” human rights.
The economic, social and cultural rights are set forth in articles twenty-two to twentyeight of the Universal Declaration of Human Rights (UDHR).
Economic rights are; right to food, shelter, work under satisfactory and safe
environment, equal pay for equal work, form trade union, own property among others
(Articles 20, 24 of 1992 Constitution).
Examples of social rights include: right to education, health care and social security
(Art 25 of 1992 Constitution).
Cultural rights qualify every person to enjoy, practice, profess, maintain and preserve
his /her cultural heritage provided such cultural practices do not violate the rights of
other people. However, all cultural practices which dehumanize and are injurious to
physical and mental well-being of human person are proscribed (Art.26 of 1992
Constitution).
17
Group and solidarity rights: Karel Vasak calls this category of rights “Third
generation” human rights. This group of rights recognizes the rights of vulnerable and
secluded namely women, children, disable and aged. These rights include:
 The right to development
 The right to peace
 The right to a clean and sustainable environment
 The right to one’s own natural resources and
 The right to cultural heritage
Environmental and development rights: These are rights to sustainable development
incorporate socio-economic development with the aim of improving the quality of
lives of all persons. Environment and human rights are linked as man’s sources of
livelihoods depend wholly or partly on the environment. Environmental rights
guarantee the right to live and work in a clean environment devoid of pollution and
environmental hazards injurious to human life.
It is important to recognize that the categorization of rights as seen above does not
suggest any order or hierarchy of importance or priority. The underlying principle is
that all the rights are equal, universal indivisible and interdependent.
2.2. Ghanaian Constitution And Human Rights
A constitution is a fundamental law of the state which sets guidelines to which a state
should be governed. It guarantees the rights of the citizens and provides mechanisms
for the promotion and protection of these rights. These human rights are express and
given different titles in various constitutions for example: United States of America
Constitution and Bills of Rights; Ghanaian constitutions of 1969-Liberty of individual,
18
Chapter 4 ; 1979 constitution-Fundamental Human Rights, Chapter 6
and 1992
constitution-Fundamental Human Rights and Freedoms ,Chapter 5. Ghana’s Fourth
Republican constitution came into existence in January, 1992 under the leadership of
the Flt.Lt. Jerry John Rawlings, the then chairman of the Provisional National Defence
Council (PNDC). The creation of the Constitution was preceded with over three
decades of military regimes (1966-1992) characterised by human rights abuses and
violations (Anyidoho, 2009).
The 1992 constitution is particularly unique and
important in the context of Human Rights in Ghana because it incorporated lessons
from the previous constitutions and the centrality of human rights provisions to
national life. It further prescribes mechanisms and legislations to protect these rights
(Date-Bah, 2008; Anyidoho, 2009).
The preamble to the constitution affirms “the protection and preservation of
Fundamental Human Rights and Freedoms”. According to Okunloye (2006) “The
constitutional provisions on human rights are the frame of reference for the
government as to what it is obligatory on her to offer the citizens and observe in
government-governed relationships as well as what the governed can claim by right”.
The fundamental human rights and freedoms as enshrined in the Ghanaian constitution
contains in chapter five (5) and chapter six (6). Chapter 5 of the 1992 constitution
which contains the Bill of Rights is captioned –“Fundamental Human Rights and
Freedoms”. Every person in Ghana is entitled to these fundamental human rights and
freedoms. Date-Bah (2008:p.15) posits that, chapter 5 and chapter 6 of Ghanaian the
Constitution are largely a reproduction of the internationally recognized human rights.
The contents of chapter 5 and chapter 6 reflect the contents of the United Nations
International Covenant on Civil and Political Rights (ICCPR) and the United Nations
International Covenant on Economic, Social and Cultural Rights (ICESCR) which
19
were both adopted in 1966. This view is largely shared by Kludze (2008) and
Anyidoho (2009:p.12).
Chapter 5 also identifies specific vulnerable groups of persons whose rights should be
protected and preserved; namely Women (Article 27), Children (Article 28), Disabled
persons (Article 29) and the Sick (Article 30). The fundamental human rights and
freedoms enshrined in chapter 5 are not only inalienable or indivisible but are
entrenched provisions in the Ghanaian Constitution. Some of the human rights
provisions guaranteed under chapter 5 of the constitution are as follow: right to
life(Art.13); respect for human dignity(Art.15); economic rights (Art.24); educational
rights (Art.25); and women’s rights(Art.27) .
Chapter 6 of the constitution which represents the Directive Principles of State Policy
is often regarded as human rights elements. Indeed provisions under 6 are not prima
facie human rights provisions but provide a framework for national development and
ideals for good governance. Similarly, (Date-Bah, 2008) believes, that human rights
provisions of chapter 6 are not justiciable. Civil and political rights, economic rights,
social and cultural rights of the 1992 constitution are enforceable and justiciable.
Chapter five and some aspects of chapter six of the 1992 constitution are entrenched
provisions and isolated against any abuse by any persons.
2.3. Human Rights Protection Mechanisms And Institutions In Ghana
Government has the core responsibility to protect and promote the rights of its citizens
and redress any violations directly or indirectly. This primary function of the
government is carried out through the courts and quasi-judiciary independent body
called the Commission on Human Rights and Administrative Justice (CHRAJ),
20
(Anyidoho, 2009). The 1992 Constitution mandates the courts and CHRAJ the primary
responsibility to protect and address human rights violations (Anyidoho, 2009;
Quashigah, 2007).
2.3.1 The Commission on Human Rights and Administrative Justice (CHRAJ):
The Commission on Human Rights and Administrative Justice was established in 1993
through an act of parliament (Act 456) in compliance with Article 216 of the 1992
constitution (Carver, 2000; Anyidoho, 2009). CHRAJ is quasi-legal, independent and
impartial state institution charged with the responsibility of protection and promotion
of human rights in Ghana. It does not fall under any government department or
ministry (CHRAJ, 2005).
The Commission has ten (10) regional offices and one hundred (100) district offices
across the country (CHRAJ, 2008). CHRAJ is accessible, pro-poor, pro-illiterate and
above all pro-masses.
The Commission on Human Rights and Administrative Justice through the act
establishing it (Act 456 in 1993) has three broad mandates namely:
1. A National Human Rights Institution
2. An Ombudsman (administrative justice)
3. An Anti-Corruption Agency for the public sector
I will concentrate on the Human Rights Mandate as it is very important to the research
topic. As a national human rights institution, the “commission” has a further broad
mandate to protect universal human rights and freedoms, particularly those enshrined
in the 1992 constitution including Civil, Political, Economic Social and Cultural rights.
21
CHRAJ carries out this mandate in respect to Article 218 (a),(c),and(f) of the 1992
constitution and section 7(1),(a),(c) and (g) of the CHRAJ Act( CHRAJ,2005; 1992
Constitution).
The Commission investigates individual complaints of human rights violations by
persons and institutions in order to protect, promote and enforce fundamental human
rights and freedoms. It resolves these complaints through methods including
mediation, negotiation, arbitration and formal hearings. To promote and create human
rights awareness per Article 218 (f) of the constitution, the commission educates the
public on their rights and freedoms through the use of the mass media, publications,
lectures and symposia. As a human rights watch institution, the commission issues a
report on the state of human rights in Ghana on 10 December every year to
commemorate the UN’s Human Rights Day.
The Commission collaborates with NGOs focused on human rights to carry out its
mandate effectively and efficiently. Among these human rights organizations are the
United Nations, Amnesty International, International Need, Youth for Human Rights
International and Ghana Society for the Disabled. The collaboration between the
CHRAJ and NGOs is particularly strong in human rights education (Carver,
2000:p.19)
Ghana’s Commission on Human Rights and Administrative Justice has earned an
international reputation, is well-known and a model in the sub-region (Bossman,
2006). Hucker (2006) ranks commissions of Ghana, South Africa and Uganda as being
noteworthy examples of respected and competent national human rights institutions.
22
2.3.2 The Courts:
The access to justice is a prequisite condition for the survival of human rights and rule
of law.
As stated by the late Chief Justice, Justice George Kingsley Acquah,
“unimpeded access to justice is a human rights issue” and that justice must be
accessible to the poor and vulnerable .Dr. J. B. Danquah in his letter to the Speaker of
the National Assembly on the 30th of January, 1962, referred to the constitutional
provision to make demand for his liberty when he wrote. ‘‘Next to the Ghanaian’s life
and property, his liberty is the greatest possession. When that liberty is interfered with
by anyone, the judicial authority, namely the court, is the individual constitutionally
appointed sovereign to judge between him and the respondent.’’ (Date-Baah, 2008).
This underscores the importance of the court in the promotion and protection of human
rights.
The 1992 Republican Constitution of Ghana provides for the establishment of an
independent Judiciary (Article 127). The court is the centrality of the judiciary in
dispensation of justice.
The court system consists of the superior courts and the lower courts. The Superior
Courts of judicature comprise the Supreme Court, the Appeals Court, the High Court
and the Regional Tribunals (126(1) a(i),ii, iii).
The lower courts include Circuit Courts, Circuit tribunals and Community
tribunals(Article 126),the district courts, the Juvenile courts, the National House of
Chiefs and every traditional council, and any other lower court that parliament may
establish (COSIWA and IDEG,2007: P.34; Anyidoho,2009).
23
The human rights jurisdictions of the 1992 constitution are invested in the High Court
and Supreme Court in determination of any matter relating to Fundamental Human
Rights and Freedoms guaranteed by the constitution (Anyidoho, 2009). However,
clause 33 of the constitution specifically grants the original jurisdiction to the High
Court as the first port of call to seek redress regarding human rights abuse. Clearly the
constitution grants the Supreme Court and the High Court the primary responsibility to
protect rights and address human rights violations but the Supreme Court execute
interpretative functions while the High Court is vested with power to deal with human
rights matters (Quashigah, 2007).
2.3.3 Domestic violence and victims support unit (DOVVSU) of Ghana Police
Service
The Domestic Violence and Victims Support Units (DOVVSU) formerly called
Women and Juvenile Unit (WAJU) was set up by the Ghana Police Administration in
1998. The Domestic Violence and Victims Support Unit is a novella specialized unit
within Ghana Police Service to deal with the increasing spate of abuse and violence
against women and children, including female migrants (US Country Reports on
Human Rights, 2005). According to the modus operandi establishing the unit, it “does
not operate as a regular police station” and the services provided are free of charge.
The Domestic Violence and Victims Support Unit (DOVVSU) of Ghana Police
Service operates in all the eleven (11) police regions and one hundred and thirty (130)
District offices across the country making it services accessible to all victims of abuse
including Kayayei..
The Domestic Violence and Victims Support Unit (DOVVSU) replaced the Women
and Juvenile Unit (WAJU) in 2005 to ensure that, all vulnerable persons like female
24
migrant porters are well catered for, and to provide services accessible to all categories
of victims of abuse (Daily Graph, 2004).
The Domestic Violence and Victims Support Unit works in partnership with the
Commission on Human Rights and Administrative Justice (CHRAJ); the Department
of Social Welfare (DSW);
Legal Aid Board (LAB);Women’s Initiative for Self-
Empowerment (WISE), an NGO; Federation of Women Lawyers (FIDA); United
Nations Children’s Fund (UNICEF) and other civil society organisations.
These
institutions provide legal aid and professional counseling services to both abused like
the porters and abusers (Public Agenda, 2005).
2.4 International Convention on the Protection of the Rights of All Migrant
Workers and Members of Their Families
Ghana as a sovereign nation within the comity of nations has signed and ratified a
significant number of international conventions and treaties, some of which are
migrant related whilst others are not. According to an Amnesty International Report
(2011), Ghana has signed and ratified both international and regional conventions and
treaties that are relevant to migrant human rights and migrant workers. Notable among
some of these human rights documents are; International Covenant on Economic,
Social and Cultural Rights (ICESCR), Convention on the Elimination of All Forms of
Discrimination against Women (CEDAW), Convention on the Rights of the Child
(CRC), Convention against Torture and Other Cruel, Inhuman or Degrading Treatment
or Punishment,
International Convention on the Protection of the Rights of All
Migrant Workers and Member of Their Families, African Charter on Human and
Peoples’ Rights, African Charter on the Rights and Welfare of the Child. Similarly,
ILO(2001), enumerates specialised human rights instruments that provide standard
25
treatment of refugees and migrants including the Universal Declaration of Human
Rights, International Covenant on Political and Civil Rights, International Covenant
on Economic, Social and Cultural Rights, Convention on the Elimination of all Forms
of
Racial
Discrimination
together
with
ILO’s1958
Convention
concerning
Discrimination in respect of Employment and Occupation (C.111), the Convention on
the Rights of the Child (1989), ILO’s Convention on the Worst Forms of Child
Labour, and the Convention on the Elimination of All Forms of Discrimination
Against Women (1979) are of particular importance given the vulnerability of women
and children before during and after the migration process. However, of particular
concern to this work is the International Convention on Protection of the Rights of All
Migrant Workers and Member of Their Families which is discussed below.
The United Nations International Convention on the Protection of the Rights of All
Migrant Workers and Member of their Families was adopted unanimously on 18
December,1990 and entered into force on 1 July,2003. As of January 2011, 39
countries (Ghana inclusive) have acceded and ratified this all-important convention.
The convention does not attempt to create a new frame of rights, rather it explicitly
extends to migrants those rights set forth in other United Nations human rights
documents . The convention is made up of 93 articles stating the minimum standards
for handling, protecting, and promoting the rights of migrant workers (Ghandi, 2008).
The convention applies to all migrants (Article 1).
The document address seven critical areas of women migrant workers concerning
exploitative terms of work; dangerous and degrading working conditions; restrictions
on freedom of movement; labour market discrimination; gender-based violence at the
workplace; gendered forms of racism and xenophobia; restrictions on women’s ability
to organise to defend their rights (Lee Waldorf,UNIFEM-CEDAW,2003). The
26
convention recognizes the migrants as a vulnerable group of people within the
globalised world.
The convention broadly encompasses civil rights; political rights; workers’ rights;
women’s rights; economic and social rights; the right to a clean and healthy
environment; children’s rights; and the right to justice.
Some excerpt articles in “the Convention” as in Ghandhi (2008) include:
Article 1; provides for the application of the convention to all migrants workers and
members of their families as members of the human family irrespective of sex, race,
colour, language, religion, ethnic origin, economic position amongst others.
Article 2; defines migrant worker as a person who is to be engaged, is engaged or has
been engaged in a remunerated activity in a state of which she or he is not a national.
Article 8; provides for free movement without restrictions except provided for by law.
Article 9; migrants’ rights to life which shall be protected by law.
Article 10; No migrant shall be subjected to torture or to cruel, inhuman or degrading
treatment or punishment.
Article 12; provides for migrants’ right to freedom of thought, conscience and religion.
Article 14; provides for migrants’ right to privacy without unlawful interference.
Article 16 (1) (2); provides for migrants’ right to protection by the state against
violence, physical injury, threats and intimidation by public officials or private
individuals.
27
Article 24; provides for migrants’ right to protection and recognition as a person before
law.
Article 25 (a) (b); provides for decent working conditions and favourable terms of
employment.
Article 70; provides for migrants’ right to favourable working and living conditions
regarding fitness, safety, health and principles of human dignity.
From the above-mentioned excerpts of the United Nations International Convention
on the protection of the Rights of All Migrants Workers (1990) articles, the following
human rights that affect the migrant workers are evident: Right to life, right to
protection from abuse, right to decent work, good working conditions, and free choice
of work among others.
Ghana is on record to have signed and ratified this all important migrants’ human
rights document, its implementation remains mired. The instrument has yet to be
incorporated into domestic laws. But it has extended all the rights enshrined in the
constitution and other relevant documents to all people including migrant workers.
It is worthy to note that migrants’ rights are human rights and must be protected at all
times in any given political community and the convention underscores the need to
protect these rights.
2.5. North-south migration pre-colonial to post independent era
For the purpose of this research, I would situate the north-south migratory movements
based on the following; pre-colonial period, colonial period and post-independence era
up to date.
28
In pre-colonial times, migration was largely informal and undocumented with
historical antecedents (Peil, 1974; Awumbila, Manuh, Quartey, Tagoe and Bosiakoh,
2008). Evidence suggests ethnic groups were engaged in migration in search of
security during ethnic warfare, and for new land for settlement and fertile land for
farming ( Geest, 2005; Awumbila et al, 2008; Lobnibe, 2008). In the pre-colonial
period, movement was also related to seasons and the availability of resources for
animals or land for people to farm. However, the availability of resources was only one
of the reasons for people to settle in certain areas (Hahn and Klute, 2007) .Verkaart
(2010) argues that pre-colonial migration was seasonal and cyclical and fueled by
sociopolitical and ecological conditions. The typology of migration was largely
described as rural-rural migration (Simon, McGregor and Nsiah-Gyabaah,2004).
Trade plays a crucial role in pre-colonial migration pattern. Salaga in northern Ghana
became commercial centre where Dyula and Mande traders from North Africa,
Dahomey, Nigeria and Southern Europe met for legitimate trade (Anarfi and Kwankye,
2008:5). Later legitimate trade in non-human commodities changed to slave trade with
slaves being regarded as core component of the migration process as slaves were
exchanged for gold, salt, fish and European imports (Kuusaana,2009). As the slave
trade boom, Asante joined as a major trading partner. A school of thought describes
Asante’s decision to join the trade because of both economic and political motivations.
Focusing on economic the reason, Brukum (1996) observes that the Mande Dyula or
Wangara as meddlemen in what is apparently known as the trans-Saharan trade set up
North-Western trade route along Takyiman, Bondoku Kafaba, Tuluwe and Buipe. The
Mande Dyula then acquired the slaves from the North and exchanged them for gold
from the Asante and other trading stations. Supporting the point, Arhin (1992:p.16)
29
states, Salaga as an important commercial centre played a lead role in pre-colonial
economic activities among Coastal people, the Asante and the Sahara Sahelian traders.
The major commodities for the trade were cotton cloth, slaves from northern Ghana
and Shea butter, sandals, cushions and locks from the Hausa from Nigeria.
Besides, the economic factor, political factors have been cited by which slaves entered
Asante. The desire of Asantes to expand the frontiers of their small political kingdom
motivated them to embark on wars of expansion to establish dominion other territories
(Kuusaana,2009). Brukum maintained that between 1744 and 1750 East Gonja,
Dagbon and Nanun were conquered and came under Asante’s jurisdiction. As vassal
states, they were obliged to pay annual homage to Otumfoɔ Opoku Ware1, then King
of the Asante kingdom. For example, Gonjas paid an annial tribute of 500 slaves,
200cows, 400sheep, and 200 pieces of cotton cloth and silk respectively to Otumfoɔ
Opoku Ware. For the Gonjas to meet this annual quota, it had to raid neighbours as
slaves to be able to pay. What reason accounted for Asante demand for slave?
Agbodeka (1992): Economic History of Ghana from Earliest Times reveals that the
Asante Customs and traditions prohibit enslaving Asante citizens. In view of this, there
was the need for a constant supply of slaves to work on thick forest plantations and
mining industries. Some of the slaves were used for military purposes, running errands
and for human sacrifice (Perbi, 2004:p.69). Conspicuously missing in the equation is
the absence of women in pre-colonial migration process which appears to confirm
migration scholars’ suggestion that women were associational migrants (Nabila, 2008;
Songsore, 1975).
At the colonial period, the migration pattern within the country was determined by
economic opportunities. Authors have described the northern poor development in the
north as a result of deliberate colonial policy. According to Kuusaana (2009) an
30
important aspect of British colonial policy in the Gold Coast (Ghana) was the
reservation of the Northern Territories as a “labour bank” for the industrial South.
Governor Guggisberg constituted the northern territories as a labour reservoir to supply
cheap labour for the mines and cocoa plantation in the south (Anarfi et al, 2003).
Abdul-korah (2008:6) and Jacob Songsore (2003) have both established this as an
important factor that accounted for large-scale migration of young men from Northern
Ghana to the South. This occurred initially in the form of forced or compulsory
migration but gradually transformed into voluntary migration. According to Kuusaana
(2009) labour recruitment took the form of application of brute force on unwilling
young men who were not prepared to accept voluntary recruitment.
In 1906 the British Colonial Administration began the recruitment of labour from the
northern territories to work in mining and cocoa industries in southern Ghana. In 1907,
the first group of recruited labour arrived in Tarkwa mines and this recruitment
exercise continued until 1836 (Zaami, 2010). The colonial government described the
north as having little economic prospects. The north was promoted as an economic
periphery whereas there was great demand of labour in the mines and cocoa
plantations in the south (Tsikata and Seini, 2004). Apparently, cheap labour from the
northern Ghana was used to develop the south as they helped to produce mineral
resources, cash crops and timber products for export. The entire country became an
export economy during colonization and production and consumption were not
integrated within the country resulting in spatial inequality in development (KonaduAgyemang, 2000). The colonial government invested more on infrastructure in the
south because their estimation, the south had more economic prospects than the north.
The construction of road networks, rail networks and ports in the south created
economical promising regions of
Accra, Kumasi and Takoradi which constituted ”a
31
Golden Triangle”. The Regions outside the triangle were neglected for economic
investment and other infrastructural development(Verkaart,2010).The British Colonial
policy which deliberately under-developed the north resulted in a huge infrastructural
deficit and low economic activities in the northern territories (Abdul-Korah,2004;
Awumbila, 2005). Generally migrants would move from the resource poor regions to
resource endowed regions to better their lot even when Colonial Administration policy
recruitment was over.
Following the abolition of the labour recruitment policy after the Second World War, a
tax regime was introduced in the northern territories. This tax policy forced young men
from the north to migrate to
the south to work for money to honour their tax
obligations. The tax policy further encouraged north-south migration.
Ghana gained independence as the first Sub Saharan African country in 1957 under its
first President Dr. Kwame Nkrumah (Tsikata and Seini, 2004; Weiss, 2005; Verkaart,
2010). The north-south migration did not change much as successive governments
continued the colonial administration model of development which concentrated
developments projects in the south at the expense of the north. Dr.Nkrumah’s
development agenda according to Schraven (2010) targeted transforming the colonial
economic structures which had made Ghana an import led economy. The introduction
of massive mechanized agriculture and industrialization agenda propelled the fortune
of the country as Ghana become a destination for immigrants from neighbouring West
African countries. Northern Ghana benefited immensely from Dr.Nkrumah’s
development agenda. The CPP led government sought to address the north’s
underdevelopment through the establishment of the Northern Educational trust fund
which led to an unprecedented increase in enrolment from 20,000 to 90,000 within a
period of eight years (Schraven, 2010). The introduction of import-substitution policy
32
saw the establishment of state- owned farms and agro-industrial facilities such as rice
mill in Bolgatanga and tomato and beef factories at Pwalugu all in the north to create
employment opportunities for migrant labourers. This saw the reduction of internal
migration particularly from north to south (Konings, 1986:140-141; Schraven, 2010).
Agricultural inputs were heavily subsidised and farmer-based incentives schemes were
set up to ensure regular supply of raw materials for local industries. Construction of
irrigation dams were started to ensure all year round cultivation (Laube, 2007:63-69).
The northern development agenda suffered setbacks with the over-throw of Dr.Kwame
Nkrumah on 24 February, 1966.
Ghana became a destination country for immigrants from other West Africa countries
namely Ivory Coast, Nigeria, Mali, Upper Volta and Niger during Colonial and postindependent eras. The economic development coupled with a booming cocoa industry
and mining sector attracted immigrants into the country. In 1960, 8.5% of the total
population was born outside Ghana (Nabila, 2003). Ghana’s success story in cocoa
industry was attributable to the availability of cheap labour from interior countries
(Manuh, 2006). Ghana assumed the position of net immigration country (Awumbila et
al, 2008; Bosiakoh,2008).
The introduction of the Alien Compliance Act and Ghana Business Registration Act
number 334 in August 1970 by Prime Minister Dr. Abrefa Busia affected north-south
migratory movement. Under the Act, all aliens without resident permits were ordered
to leave (Nabila,2003; Yeboah,2008). The order expelled 100,000 aliens (Gould,
1974). The expulsion of aliens from Ghana created a vacuum the trade where Ghanaian
women particularly from the northern and the Volta regions moved to fill the vacuum
(Yeboah, 2008).
33
The implementation of the Structural Adjustment Programme (SAP), IMF and World
Bank policies by President Rawlings’ Administration further deepened the north-south
migratory movement. In the early 1980s, the Ghanaian economy began experiencing
economic crisis and was growing at a negative rate (Anarfi et al, 2003). The economic
downturn was attributable to acute crop failure and
a long period of political
instability as a result of frequent change of government. To arrest the distressing
economy, government adopted the Structural Adjustment Programme (SAP) of IMF
and the World Bank. This resulted in an unprecedented cut in public sector spending,
mass lay-offs and withdrawal of subsidies on social services like education, health and
transport. The subsidies on agricultural inputs were scraped resulting in low production
(Konadu-Agyemang, 2000; Yeboah, 2008). At the Northern sector employees working
at low rung in the public sector as civil servants, labourers, messengers and watchmen
suffered lay-offs which worsen economic conditions in the north (Konadu-Agyemang,
2000; Abdul-Korah, 200:22). President John Agyekum Kufuor’s administration
initiated some interventions to stem the tide of north-south migration. The Northern
Development Fund (NDF) was established to address the development needs of the
three northern regions. Also the introduction of social protection interventions such as
Livelihoods Empowerment against Poverty (LEAP), National Youth and Employment
Programme (NYEP) and National Health Insurance Scheme (NHIS). Participatory
Poverty and Vulnerability Assessment (2011:p48) says the implementation of the
LEAP as a national social protection policy was to cushion the poor against excessive
hardships. “LEAP is also enabling some beneficiaries to shore up their resilience to
vulnerability through small economic investments that were previously impossible for
them”. However, access to these pro-poor interventions are tied to qualification, in
term of the LEAP you must attain the age of over 60 and be highly poor. For NYEP,
34
junior high school leaving certificate is minimum and NHIS beneficiaries are required
to pay premiums to enable them to access basic healthcare. Arguably all these social
protection policies could not halt the youths from migrating south where in their
opinion economic opportunities are high.
The National Democratic Congress (NDC) under the leadership of Prof. Evans Atta
Mills established the Savanna Accelerated Development Authority (SADA) in 2010.
Government of Ghana demonstrated his commitment of bridging the north-south
developmental gap through the passage of SADA law of 2010, Act 805. SADA aims at
increasing investments in the savanna area thereby reducing the development gaps
between the north and the south dichotomy. According to Rumnet (2011) SADA
hinges on five pillars:
A bold Development Authority — Building a strong coordinating institution for
accelerated development (SADA) that is based on ownership and participation by the
people and institution of the northern savannah.
Modernization of Agriculture — Capitalizing on core competence of majority of the
people by modernizing agriculture in a manner that responds pro-actively to a growing
market, as well as ensuring food security and sustained livelihoods
Private Sector Development – through resource mobilization and stimulating
investments in value-added processing, light-industrial activities and services oriented
towards a regional market spanning the Sahel (including southern Ghana)
Strategic Infrastructure Development — Re-orienting and investing in social and
economic infrastructure in a manner that reinforces the integration between agricultural
modernization that is oriented towards an expanded regional market
35
Livelihoods,
Social Protection and Environmental Resilience — Addressing the residual economic
and ecological crises which are causing prolonged droughts and floods by accelerating
rehabilitation efforts and boosting the capacities of the poorest sections to build assets
and gain incomes in a manner that allows them to be active players in the process of
socio-economic transformation being initiated by SADA.
SADA covers the Northern, Upper East, Upper West regions and the northern parts of
the Brong Ahafo and Volta regions. Though SADA is a very laudable policy initiative
tailored toward developing the north, it is too early to access it success or otherwise.
The deliberate under-investment of the three northern regions by the colonial
government in combination with urban biased in favour of wealthy regions and
lopsided concentration of development in southern Ghana by successive governments
have contributed to out-migration in the north. Motives for the long term economic
stagnation are linked to the pre-colonial and colonial construction of northern Ghana as
an economic periphery coupled with bad governance from civilians to military rule.
The heavily industrialized cities of Accra, Kumasi and Takoradi with lots of economic
opportunities would continue to attract northern migrants.
2.5.1 Reasons for North-South migration
Major studies on the north-south migration conceded broad economic disparities
between southern Ghana and northern Ghana were the key determinant of the internal
migration (Songsore, 1983; Opare, 2003; Awumbila, 2007; Kendie and Martens,
2008). World Bank research(2006a) and Ghanaian Living Standard Survey(2005/2006,
GLSS5) painted a gloomy picture about Northern Ghana when it observed that poverty
36
and economic inequality existed in the north and the northern regions had the lowest
per capita income in comparison with the southern regions.
A study focusing on migrant porters in Accra by Appiah-Yeboah and Yeboah
(2009:18) reported that thirteen per cent (13%) of women migrant porters interviewed
said their bread winner both husbands or fathers suffered public sector retrenchment
and fifteen per cent (15%) males porters suffered similar exercise. Respondent claimed
they were retrenched largely because of their low level of education. According to
Appiah-Yeboah and Yeboah 83% of female respondents working in Accra had no
formal education. As a result of the mass retrenchment, these women were forced to
migrate to the cities to engage in portering, an occupation requiring little or no
qualification to support themselves and their families back home. The implementation
of Structural Adjustment Programme (SAP) forced the government to remove
subsidies on agricultural inputs such as seeds, chemicals, and tools (KonaduAgyemang,2000; Opare, 2003). The removal of agricultural subsidies made farming
more expensive and less profitable. Consequently farming became less attractive to
people already farming and also to those who had lost their jobs in the mass-layoffs.
The only option available was to migrate to the cities of Accra and Kumasi to engage
in menial jobs.
Participatory Poverty and Vulnerability Assessment (2010) argued that environmental
push like arid farmland, erratic rainfall pattern, long farming season and peer pressure
to experience modernization have compelled the youth from the three northern regions
to migrate voluntarily to the cities to engage in menial jobs. Similarly, infrastructure
deficit in the areas of transportation, housing, energy and education in the northern part
of Ghana have contributed to north-south migratory movement (GSS, 1998; ISSER,
2002; GDHS, 2003:26; Black et al, 2006; Awumbila et al 2008).
37
Violent ethnic conflicts and out-moded cultural practices like forced marriage, female
genital mutilation and witch camping have been identified as out-migration in the north
(.Tsikata and Seini, 2004; Black et al, 2006). For example, Black et al (2006:33)
showed that from 1994 to 1995, over 100,000 people were forced out of their homes in
Northern Ghana due to protracted ethnic conflicts.
Analysis of pattern and poverty trends in Ghana from 1991-2006 showed that poverty
levels in the three northern regions of Ghana were far below the international standard
and that majority of extremely poor lived in the northern Ghana (Ghana Statistical
Service, 2003; 2007; Awumbila, 2008). All these factors combined compelled people
from the north to diversify their means of livelihoods by engaging in migration.
In summary, environmental factors, economic factors and socio-cultural factors have
all pushed the youth to seek better opportunities in the big cities to better their lot.
2.5.2 Feminisation of Migration
The involvement of women in the migratory process was longed identified by the
social geographer Ernest George Ravenstein, when he published” Number Seven laws”
in the Journal of the Statistical Society in 1885 which states “Females are more
migratory than males”. Ravenstein further maintained that women migration was over
short distances. However, this research never received further research attention until
recent times. In apparent support of Ravenstein’s work, the expression “feminisation of
migration” was first coined by Castles and Miller (1993) in migration literature to
show the increasing numbers of women in the migratory process. Feminisation of
migration simply means more women are engaging in migration process contrary to
the traditional notion of male-dominated pattern of migration. Similarly, evidences
suggested women outnumbered men (Zlotnik2003; GCIM 2005; Carling 2005; Yinger
38
2006). Most significant is the increase in female migration as autonomous migrants in
recent times. The reasons behind women movement are complicated and may include
both economic and non-economic reasons (Deshingkar & Grimm, 2004) .Some authors
have posited that migration was predominantly male occupation and female migrated
to join their husbands as family reunion and associational migrants ( Abdul-Korah,
2004; Awumbila, 2007). In fact, more and more women are migrating to economically
buoyant regions to work in socially stigmatized work for low wages. Majority of these
female migrants are young and unmarried (Awumbila, 2007). However, Statistics on
female migratory movements remain scanty since most migration literature both past
and present has been gender biased (Black, 2004a). Carling (2005) argued that,
statistics under-represented the number of women who migrated in the past. TwumBaah, Nabila, Aryee (1995) explained that absence of statistics on women migration
emanated from that earlier researches which focused on male and described women
as associational or secondary waves migrants. Contrarily, studies on existing migration
literature demonstrated convincingly increasing numbers of females in migratory
process. Women are migrating in higher numbers independently to look for economic
opportunities which do not exist in their home regions (Omelaniuk, 2005; IOM, 2010).
Feminist researchers like Watterer (2002) argued that, the dominance of women in
migratory process was due to “feminisation of work sector” in domestic and care work
in the informal sector. Majority of women are confined to low wage and low status
feminised work. The demand of women in the feminised labour market has led to
feminisation of migration ((Zlotnik 2003; Sassen 2003).
Contemporary studies have shown that, more young women are migrating
independently and autonomously from the northern Ghana to engage in low paying
39
jobs including headporterage and domestic work in the commercial cities of Accra and
Kumasi to make a living (Opare,2003; Tanle,2003; Anarfi and Kwankye,2005;
Awumbila,2007; Awumbila and Ardayfio-Schandorf,2008;). Unemployment, Poverty,
desire to acquire household cooking utensils, marital-related issues, desire to invest,
protracted conflicts and climatic change have been cited as reasons behind north-south
migration streams (Opare, 2003; Yeboah, 2008; PPVA Ghana, 2011). These northern
migrants in cities work as “kayayei” (porters) in commercial centres and bus stations
(Anarfi and Kwankye, 2005; Awumbila, 2007).
Studies on women out-migration particularly from the north have ascribed to
implementation of Structural Adjustment Programmes (SAP) in 1983. The economic
crisis resulting poor harvest in 1983 drive the government of Provisional National
Defence Council (PNDC) under Chairman Rawlings to adopt SAP from IMF and
World Bank. As highlighted by Remirez, Dominguez and Morais (2004) the adoption
of SAP by developing countries (Ghana included) resulted in the collapse of small and
medium public enterprises, increased mass unemployment and a cut in government
expenditure on social services. This phenomenon forced men and women to adopt
alternative survival strategies including migration to make a living. According to
Konadu-Agyemang (2000), over 300,000 workers were dismissed. Northern migrants
who were working in the mines and agricultural sectors in southern Ghana were laid
off (Abdul-Korah, 2004:22; Zaami,2010). Subsidies on agriculture were removed and
this affected agriculture which northerners had depended on as a major means of
livelihood in the north. As part of livelihood diversification, women joined migration
process to look for jobs in the informal sectors in cities. Similarly, Bortey-Doku (2000)
points out that, the negative impact of SAP resulted more women migrating in search
of income-generating work to offset their husbands’ retrenchment. This explains why
40
more and more women migrating independently as economic migrants in our urban
centres as in Accra, Kumasi and Takoradi.
Commercial headporterage was introduced to Ghana by foreigners from sahelian
regions such as Mali and Nigeria as against the traditional of headporterage which had
existed in the past ( Yeboah, 2008; Kwankye, Anarfi, Tagoe and Castaldo, 2009). Head
Porterage was an important means of transportation in ancient times where farm
produce were carried on the head from farm to the house. 0pare (2003) and Agarwal,
Attah, Apt, Grieco, Kwakye, and Turner (1997) argue that women’s participation in
the kaya business is a recent phenomenon in Ghanaian economy but has been practiced
in the informal economies over decades. However, the introduction of Aliens
Compliance Act in 1969 by the Busia administration orders all aliens living in Ghana
without legal permit to leave the country. The order affected many aliens particularly
Nigerians and Malians to leave the country thus creating vacuum in informal sectors.
Northern migrants (both men and women) moved to fill in the vacuum created
(Kwankye, 2009; Yeboah, 2008). This gradually metamorphosed into the current trend
of female migration into Accra and Kumasi to engage commercial headporterage.
The trend of labour migration is changing as women used to migrate to seek for
employment in the informal sectors instead of engaging in self-employment (Adepoju,
2004).
2.5.3. The Situation of Migrant Workers in the Informal Sector
An Amnesty International Report 2011 documented countries including Ghana; have
signed international human rights instruments. Most significantly some of these
countries mentioned above have been described as migration receiving countries
particularly countries in Europe, North America, Asia, China, Malaysia and some oil
41
rich Arab States ( Anarfi, Awusabo-Asare and Nsowah-Nuamah, 2000; Manuh, 2006;
Awumbila et al, 2008).
Migration has become a double-edged sword as it can improve or worsen the position
of migrants particularly women in families and society as a whole. At one point,
migration has become a major source of livelihood for many people as it offers
migrants employment opportunities including domestic work in other households for
wages rather than domestic unpaid work (Mosen, 1999; Omelaniuk, World Bank,
2005). Migration offers women particularly, opportunities in education and export oriented industrialization. At the other end, migration has become problematic
especially for women as they experienced gender –specific forms of abuse (ILO,
2004).
Migrants are human beings and so have human rights just like any other persons
(Atsenuwa, 1999). In spite of the fact that countries’ affirmation of both international
and regional
human rights instruments which include, Universal Declaration of
Human Rights(UDHR);International Covenant on Civil and Political Rights(ICCPR);
International Covenant on Economic, Social and Cultural Rights (ICESCR);
Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or
Punishment( CAT); Convention on the Elimination of Racial Discrimination(CERD);
Convention on the Elimination of Discrimination Against Women( CEDAW);
Convention on the Rights of the Child(CRC);International Convention on Protection
of Migrant Workers and their Families(MWC); Africa Charter on Human Rights and
Peoples’ Rights(ACHPR);Human Rights Watch(HRW);Economic Community Of
West Africa States (ECOWAS) Protocols and other human rights treaties, migrants
continue to experience human rights abuses in transit, destination and employment. For
instance, migrants and their families often complain of poor working conditions, long
42
working hours, sexual exploitation, absence of labour laws protecting migrants,
expulsion, arbitrary arrest,detention,deportation, denial of access to health, education,
social and economic rights ,poor housing conditions, illegal recruitment practices, illtreatment and xenophobic attacks of migrants in migration receiving countries.
Migration-receiving countries do not have legislations, policies, programmes and
institutional structures that protect and guarantee migrant workers particularly female
migrants. Domestic labour laws do not apply to the informal sectors. Inadequate
implementation of legal protection of migrants make them vulnerable and susceptible
to human rights violations It becomes worsen when do not have diplomatic presence in
migration receiving countries This makes employers exploit the migrant workers
(ILO, 2004; Omelaniuk, 2005; Atsenuwa and Adepoju,2010.)
Suffice to say, right to life is universal, indivisible and inalienable and has been
unambiguously affirmed in both regional and international human rights instruments
which are also applicable to migrants. Well known human rights documents such as
UDHR, ICCPR, ICESCR, CAT, ICERD, CEDAW, CRC, MWC, ACHPR, ECOWAS
PROTOCOLS and other human rights standards all contained right to life. However,
African migrants continue to die in countries of transit and countries of destination and
employment. Sometimes there are reported killings of African migrants by police and
immigration officials. British Broadcasting Corporation (BBC), 2001 reports that 31
Nigerians mostly women migrants died in Algeria following the crackdown of alleged
illegal immigrants. According to Atsenuwa and Adepoju (2010) and Obiesan (2000),
over 500 migrants died as a result of a general crackdown on immigrants by Libyan
authorities. Again over 600 Nigerians and Ghanaians were repatriated during the same
period. In the course of deportation, migrants often complained bitterly of
43
wanton
abuse of their rights. Atsenuwa and Adepoju noted that Female migrants suffer sexual
assault during detention and deportation process.
Right to work and humane working conditions is very critical to migrants. Article 6&7
of International Covenant on Economic, Social and Cultural Rights (ICESCR)
recognized the right of everyone to work in descent and favourable conditions.
Contrarily, most irregular migrants work in a hazardous environments which are
dehumanizing. For instance, Adepoju (2006b) rightly tagged such working conditions
as 3Ds (dirty, demeaning and dangerous jobs). Under these conditions female migrants
become vulnerable to exploitation and abuse by unscrupulous employers. Moreover,
migrants workers work for very long hours without rest and often receive low-pay. The
International Labour Organization (2004), explains how female migrant domestic
workers in Arabs States work for long hours without rest and sometimes without pay
or bonus. Malaysia’s Employment Act of 1955 section XII precludes domestic
migrants’ workers from taking a rest in a day or week. Besides , the Malaysian justice
system does not offer migrants workers opportunities to report abuses and even
employers who are guilty of human rights abuses prevent migrants from reporting
them (Human Rights Watch Report,Malaysia,2004). Human Rights Watch further
chronicles a number of human rights abuses against domestic workers including
labour rights violations such as excessively long working hour and unpaid wages;
violations of freedom of movement and freedom of association; and physical and
sexual abuse. In the United Arab Emirates (UAE) domestic workers are not cover by
labour laws which means female migrant workers are only considered under laws
related to migration control and security often focused on illegal status of the migrants
rather than illegal practices of the employers and their agents. Women who engaged in
menial jobs without maximum legal protection were more vulnerable to economic and
44
social marginalization and seclusion (ILO, 2004; Omelaniuk, 2005; Atsenuwa
vulnerable and Adepoju, 2010).
Also, international human rights treaties guarantee freedom of movement. United
Nations Universal Declaration of Human Rights (UN-UDHR) and other human rights
treaties have all articulated enough the right to freedom of movement. Unfortunately
migrants’ right to this freedom is restricted by either administrative laws or employers.
Focusing on Arab States, ILO (2004) documented how female migrants’ legal
documents including visas and work permits are controlled by employers and agents
who sponsor such documents. Segregation, isolation and control of domestic workers’
movements in some countries have led to bonding of female migrants alongside ethnic
and national lines. The “kafala” sponsorship system existing in the Gulf Regions
places female migrants in an indentured situation where the sponsors detained their
legal documents, secures several work with several employers and ask migrants to
work and pay for the sponsorship services (ILO,2004; Omelaniuk,2005).
In recent times, human trafficking has come to be associated with the migration
process. With growing urbanization, female migrants have become major victims of
lawlessness and human rights abuse in some developing countries. Women trafficking
across-borders continue to raise concern. Human trafficking mostly targeted women,
children and minority groups in developing countries who are vulnerable and socially
deprived. In Nepal more and more women and children are trafficked within and out of
the country and this has increased prevalence of HIV/AIDS among women and
children (UNESCAP, 2003C). According to ILO (2002), reported that some 200,000 to
250,000 women and children are trafficked
every year in Southeast Asia. Some
countries have become source transit and destination for human trafficking. The
45
conditions under which trafficked persons work and live in is unsanitary and
immeasurable as described by US Department of State (2005).
The questions that arise are: what measures are put in place to protect, prevent and
promote rights of migrants by their host regions or countries? Do migrants know their
rights as enshrined in various human rights documents?
2.6. Kayayei Human Rights And Vulnerabilities To Abuse.
Both Constitution of Ghana, 1992 and Children’s Act, 1998 (Act 560) stated that, the
minimum age of a child to engage in a work is 15years. A research titled: Migration,
Gender and Vulnerability of migrant porters by Awumbila (2005) finds that a recent
phenomenon in migration trend is the migration of young girls from rural areas,
particularly the northern regions to markets in urban centers to serve as kayayei, girl
porters who carry goods on their heads for a negotiated fee. Girls as young as 8 years
old work as kayayei”. Similarly as highlight by Jawula (2010)”The kayayei of Accra
however are really child labourers who have travelled mainly from various abodes in
the northern part of the country to Accra in search of work. Some migration studies
like Kwankye (2009), Opare (2003) and Participatory Poverty and Vulnerability
Assessment (2011) kayayei between 9-22 years are all engaged in head Porterage
business in Accra . Those who have engaged the services of these minors offends
International law, the 1992 Constitution, the Labour Act2003 , Children’s Act,1998 (
Act 560) and other basic human rights on minimum age of employment (Jawula,2010).
Also, both 1992 constitution, clause 28(2) and Children’s Act 560 protect the rights of
children from engaging in any exploitative labour that deprives a child of his health,
education or development. Ghana Child Labour Survey (GCLS) (2003:P8) classified
head Porterage (kayayei) or kaya business as hazardous and worst form of child labour.
46
Children’s Act 560 section 87 on protection of the child states 1: No child shall engage
a child in exploitative labour; 2: labour is exploitative of a child if it prevents the child
of his/her education, health and development. The very nature of kayayei work is full
of risk as porters have to maneuver through vehicular traffic to secure heads loads from
customers (Agarwal, 1997; Yeboah, 2008). Again, sexual harassment constitutes
gender discrimination and women’s right to human dignity within the meaning of
articles 15& 17 of the 1992 constitution (CHRAJ Report, 2003). Kayayei have some
form of sexual abuse. As stated by Awumbila (2007; 2008:171) girls porters suffer a
lot of physical, verbal and sexual abuse”. For instance as posited by Opare (2003:44),
they also face the problem of sexual harassment and abuse. Occasionally, especially on
rainy nights, some men who appear decent offer them shelter but end up taking
advantage of the women and sexually abusing them. It is not surprising then that the
incidence of unwanted pregnancies is so high among these women. Yeboah and
Appiah-Yeboah (2008) corroborated the above findings as they find that porters are
sometimes even raped by criminal gangs. Participatory Poverty and Vulnerability
Assessment (2011:p41) finds that ”The open sleeping places also expose kaya-yei to
undue threats from male predators looking for easy sex, leading to many teenage
pregnancies”. These degrading acts destroy the integrity of womanhood which has
implications on breached of 1992 constitution with respect to right to human dignity
(Article 15) and equality and freedom from discrimination (Article 17).
Exploitation of kayayei of their lawful earnings is a breached of human rights in
respect to article 24 of 1992 constitution. Kayayei exploited by relatives who provide
them accommodation, Susu collectors and Banks who keep their monies, social
networkers,
and
thieves
(Opare,2003:
Yeboah,2008;Yeboah
and
Appiah-
Yeboah,2009). According to Yeboah (2008:p82) “Porters are exploited by their patrons
47
and sometimes by family members. Patrons either refuse to pay them or pay them less
for the service they perform. Family members and people who act as chaperons also
take advantage of them and exploit them”. Beauchemin (1999) and Opare (2003)
studies of porters in the southern Ghana alluded to similar findings. Exploitation of
kayayei is a breached on the 1992 constitution (Article 24) which states “every person
has the right to work under satisfactory, safe and healthy conditions, and shall receive
equal pay for equal work without distinction of any kind”. Apparently kayayei are
deprived of their lawful earnings that commensurate with their labour.
Access to basic social services and social infrastructure are obligation of the state to
provide under the Directive Principles of State Policy of Chapter six of the 1992
Constitution. As described by PPVA (2011:P41)”…in their southern settlements, most
migrants lack access to quality basic social services like portable water, functional
schools and healthful sanitations. In urban areas, migrants accommodations are mostly
located on the most marginal lands often illegal area to settle on”. A research carried in
Old Fadama by Tutu (2010) describes how old Fadama residents lack latrines, potable
water and drainage systems. In Accra, migrants communities like Agbogbloshie(Old
Fadama) are considered slum settlements and city officials do not provide such places
with
basic
social services. Fortunately, the United Nations and the Amnesty
International recognized the rights of slums dwellers. Both human rights organisations
urged governments to respect the rights of slums dwellers. However, governments
have always failed to protect rights of slums dweller thereby exposing them to threat of
abuse with impunity.
Reasons often accounting for violations/abuses of the above rights are not farfetched.
First, female migrant porters do not have enough protection and security which is
largely a characteristics of informal sector activities (Chen, 2004). Both Yeboah
48
(2008) and Jawula (2010) have alluded that the informal sector lacks legal or
regulatory protection which exposed porters to exploitations by customers or
empolyers. Lack of effective mechanisms for demanding and enforcing
appropriates
fees for porters services also make them vulnerable to exploitation by customers
(Opare, 2003; Yeboah, 2008). Another reason is porters’ inability to acquire decent
accommodation. Kayayei do not earn enough income to rent accommodation and so
rather rely on low cost structures. As observes by Meikle (2002) poor people with low
income levels normally cluster around places with cheap accommodation though those
areas might be highly populated and unsafe to live. Most migrants rent areas around
Agbogbloshie, Komkomba and Fadama. These communities are largely inhabited by
migrants kinsmen or women who provide support to new migrants in their city.
Yeboah (2008), Gender and livelihoods: Mapping the economic strategies of porters,
finding reveals that 39 percent of women porters share a kiosks as living place with
other porters and as much as 49 percent lived on pavement and other open places in
Tema Station. 88 percent of women porters lived communally with relatives or along
ethnic lines. Opare (2003), Yeboah and Appiah-Yeboah (2009), and PPVA (2011)
made similar startling revelations about appalling living conditions of migrants. This
exposes porters to threats such as male predators, attack from dangerous animals and
rape which predisposes them to the contraction of sexually transmitted infections such
as HIV/AIDS and gonorrhoea . Lastly, the level of illiteracy among the kayayei is high
which may
have contributed to their inability to demand their rights. Evidence
suggests that 83 percent of women porters do not have formal education (Yeboah,
2008). With low levels of education coupled with lack of public education on human
rights as enshrined in the constitution, Children’s Act 1998 and Labour Act 2003(Act
49
651)
migrants are most vulnerable to various forms of abuse
in the urban
environment.
2.7 Appraisal of the reviewed literature
Human rights are important element in peaceful existence of humans in any given
democratic state Ghana inclusive. The concept of human rights in modern day can be
traced back to natural rights in Ancient Greek period. It is generally belived that the
second World War
propelled notion of human rights into global conscience
spearheaded by the United Nations. Human beings are endowed with inalienable rights
and liberties from birth and these rights are indivisible. However concept of natural
rights were narrow but the United Nations have played crucial role in expanding the
frontiers of modern day claims of human rights. UN have outdoor a number of human
rights covenants ,conventions, and treaties and state parties within the UN system have
signed and ratified the human rights instruments to ensure global peace. These human
rights instruments have largely influenced the contents of the constitutions ofevery
member state within the UN system.
Ghana as a member of United Nations has signed and ratified a number of UN human
rights instruments and some of these instruments have been reproduced in Ghanaian
constitution. Notable among these are International Covenant on Civil and Political
Rights, International Covenant on Economic, Social and Cultural Rights and ILO
labour conventions. Governments have placed emphasis on civil and political rights at
the expense of socio-economic rights. Chapter five of Ghana constitution largely civil
and political rights are entrenched whilst economic rights of chapter six are not
entrenched. I disagree with governments who placed importance on civil and political
rights than economic rights on the grounds that rights are indivisible, interdependent
and interrelated. Placing emphasis on civil and political rights means that you have
50
ranked above the economic rights which should not be so. The very success of civil
and political rights depends largely of economic rights. Right to life must be
interpreted to mean right to food and right to health. In Ghana’s constitution,
Economic rights of Chapter six is loosely stated and always subject to availability of
resources to implement them. This makes governments to renege on their obligations
and responsibilities of providing meaningful livelihoods to its citizens.
The Ghanaian constitution provided for the establishment of human rights institutions.
Commission on Human Rights and Administrative Justice (CHRAJJ), Domestic
Violence and Victims Support Unit (DOVVSU), Legal Aid Board (LAB) and the
Courts are examples of such state institutions. However, some of these human rights
institutions lack qualified staff and financial resources to carry out their mandate under
the constitution making them mere robber stamp and ineffective. Often budgetary
allocations are woefully inadequate. Annual CHRAJ reports presented on the
international human rights day, 10th December is replete of these problems. At the top
of the list is budgetary constraints and staff attrition rate (CHRAJ, 2003; 2005). Given
the necessary support undoubtedly the CHRAJ would execute their mandate
successful.
Ghana has signed the International Convention on the Protection of All Migrant
workers and Members of their Families . It has yet to domesticate this all-important
convention for maximum protection of all migrants. Ghana has no migration policy in
respect of internal migration. I think, this is quite unfortunate for a country like Ghana
where evidence suggest increasing rate of internal migration.
North-south migration has received a number of insightful research and findings are
well documented (Awumbila, 2007; 2008; Awumbila et al, 2009; Yeboah, 2008;;
PPVA, 2011). All these authors have traced north-south migration from pre-colonial to
51
post-independent era. Factors such as under-investment as result of colonial policy,
poverty, protracted conflict, dehumanizing cultural practices among other are cited as
drivers of north-south migration nexus. While I agreed with some of these factors, I
would lay the problems on doorstep of bad leadership with lack of clear cut vision to
develop the north. It is not absolutely true that the three northern regions do not have
economic opportunities. The north has major economic potential in the areas of
farming and tourism. Certain drought resistant crops like millet, guinea corn, and
groundnut among others have not been fully exploited. The Shea butter industry which
is economically viable with potential of creating more jobs for the teeming youth to
stem the tide of youth migration is yet to receive the needed investment. The mole
parks, the ancient monument of larabanga mosque and Paga Crocodile pond have not
been fully developed to attract more tourists to area. Leaders over the years have failed
tap these enormous potentials existing in the north.
When all these economic
opportunities are carefully harnessed it will create jobs for the youth who are
predominant in the migration stream. A well thought-out policy to take advantage of
these economics opportunities and to develop the north is a recently introduced
Savanna Accelerated Development Authority (SADA) under President Atta Mills’s
administration. However, SADA is still young and grappling with seed money to take
off fully.
In the past, statistics on women migration were not properly documented as women
were seen as associational migrant, often migrating to join their husbands and other
relatives. In recent times migration trends have changed in favour of female. Women
are no longer associational migrants but they are now migrating independently to work
in big cities. The increasing numbers of women in migration have been described as
feminisation of migration. However, it was on records that women participation in
52
migration has longed been identified by Ravenstein (1885), on his seven laws of
migration theory. Ravenstein alluded that “woman was greater migrant than man”.
theory received strong criticisms from other researchers.
Human rights situation of migrants in receiving countries leaves much to be desired.
Most destination countries of migrants’ employment laws do not protect migrants. For
example Malaysia and Arab nation’s labour laws do not cover migrants. Migrants’
rights to social services are limited. Repatriation and deportations of migrants are
common means of reducing migration. But the practices have proven to be ieffective in
curbing migration. Migrants have come to face with racial discrimination and
xenophobic attacks. Human rights of migrants have become global agenda for many
migration related conferences culminating the adoption of 1990 International
convention on the protection of migrants and members of their families. UN creation
of committee on Special Rapporteur on Human Rights of Migrants has further focused
attention on application of human rights to migrants.
Available migration literature in Ghana has identified both internal and international
migration. Most visible pattern of Ghana’s internal migration is north-south migratory
streams. Factors such as arid land, lack of social services and protracted conflict are
often cited as drivers of north-south migration nexus. Governments over the years have
paid
attention to Ghana international migration at expense of internal migration
because of the benefit that return migrants bring to the country. Majority of Ghana
internal migrants are working in the informal sector which lacks adequate legal
protection of migrants resulting to human rights abuses. It is high time we took a look
at human rights situation of internal migrants in their destinations. This is one of the
gaps this study seeks to fill.
53
2.8 Conclusion
It is quite interesting to note that, the north-south migration stream dates back to the
pre-colonial through post-independence period. The drivers of this migration are
erratic rainfall pattern, lack of economic opportunities, dehumanizing cultural practices
and protracted ethnic conflicts. It is disheartening to hear that migrant porters are faced
with human rights abuses like sexual harassment, rape, physical assault, discrimination
and human trafficking . From the literature, there were a number of human rights
protection mechanisms available that migrant porters could take advantage of address
th abuse of their rights. Among these human rights measures were the Court system,
Legal Aid Board (LAB), Commission on Human Rights and Administrative Justice
(CHRAJ), the Domestic Violence and Victims Support Unit (DOVVSU) of Ghana
Police service. Also, available were a number of international human rights
instruments like Universal Declaration of Human Rights(UDHR), Convention on the
Protection of Migrants and member of their Families, Convention on Elimination of
Discrimination Against Women(CEDAW) amongst other important instruments for the
protection of human rights including female migrants.
54
CHAPTER THREE
RESEARCH METHODOLOGY
3.0 Introduction
This chapter focuses primarily on Research Design, Brief Profile of Accra, Study
Areas, Sample Population, Sample and Sampling Techniques, Data Collection
Procedures, Method of Data Analysis and Ethical Consideration. The ensuing section
would provide the overview of the methods used in this research.
3.1 Research Method
The present study adopts qualitative research design involving case study approach.
3.1.1 Qualitative Design
According to Patton (1985 in Merriam, 1998), “qualitative research is an effort to
understand situations in their uniqueness as part of a particular context and the
interactions there”. This understanding is an end in itself, so that it is not attempting to
predict what may happen in the future necessarily, but to understand the nature of that
setting-what it means for participants to be in that setting, what their lives are like,
what’s going on for them, what their meanings are, what the world looks like in that
particular setting- and in the analysis to be able to communicate that faithfully to others
who are interested in that setting.The analysis strives for depth of understanding”.
Similarly, qualitative research is based on assumptions, a worldview, the possible use
of theoretical lens, and the study of research problems inquiring into the meaning
individuals or groups ascribe to a social or human problem (Creswell, 2007). As
described by Barbour (2008:11), qualitative research helps a researcher to focus on the
explanations, or accounts provided by the interviewee. This research qualified as
55
qualitative research because the researcher collected the data on the migrant porters in
their natural setting, listen to their stories, voices, recorded them and transcribed the
responses and organised them into themes for descriptive analysis. All my interviews
were done in local dialect as respondents could not communicate well in English
language. The local languages used were Dagbani,Hausa and Twi. With the hausa I
relied on an interpretor. Also, the study adopted fieldwork approach where I visited
migrant porters in the site where they live and carried out head porterage to observe
and interview them which is embedded in qualitative study (Merriam, 1998; Creswell,
2007).
3.1.2 Case study approach
Qualitative Case study according to Merriam (2000) is an in-depth or intensive
descriptions and analysis of a single unit or bounded system. This includes an
individual, programme, event, group, intervention or community. As presented by
Creswell (2007), Case study involves the study of an issue explored through one or
more cases within a bounded system such as a setting or a context. This study fit in
case study because, it studied only human rights aspect of migrant porters as they
pursued their livelihoods in the city of Accra.
3.2 Brief profile of Accra
Accra is the administrative capital of Ghana and also capital of Greater Accra Region.
According to the 2000 population and housing census, Accra has an urban population
of 1,658937 including migrant workers, making it the larger metropolitan area in
Ghana. Lyons and Snoxwell (2005:1305) states that Accra’s population had increased
to 2.5 million as a result of migration. Accra is the hub of manufacturing, marketing,
finance, insurance, transportation, tourism and hawking. The infrastructure and
56
economic activities make Accra more attractive place for unemployed rural dwellers
and most particularly female migrants (Van den Berg, 2007).
The commercial city of Accra is highly congested and overcrowded due to vehicular
and human traffic resulting in high demand for other alternative mode of transportation
like head Porterage (Agarwal et al, 1997: Yeboah, 2008). In view of this, porters are
relied upon to transport goods and services for shoppers. This situation in the city of
Accra has made kaya business very lucrative and booming economic venture.
3.2.1 The study area
The fieldwork was conducted in Makola market, Tema lorry station and Agbogbloshie
market. These selected study areas are all located in Central Business District (CBD) in
Accra. The study areas were purposefully sampled because migrant porters live and
work there. Makola market, the largest market in Accra is directly opposite the Ghana
law school and the Rawlings Park. It is the largest market with brisk commercial
activities which attract kayayei as shoppers or store owners required their services to
transport their goods. Agbogbloshie is the biggest slum community in Accra where
most migrants reside and work. Majority migrants from northern Ghana live and carry
on petty trading there.
3.2.2 The Study Population
According to O’Leary (2004), population is the total membership of a defined class of
people, objects, or events. A Population is a group of elements or cases, whether
individuals, objects, or events, that conform to specific criteria and to which a
researcher intends to generalize the results of the research (Asamoah-Gyimah and
Duodu, 2007). The population for this research is all the female porters working in
57
Accra. It is difficult to give the exact number of the female porters in Accra because of
statistical challenge. This is because there is neither official statistics nor estimates on
total number of migrants in Accra. Moreover, the number also keeps increasing every
day as migrants find Accra as better option in terms of providing them better economic
prospects.
3.2.3 The sample population
Sampling is very important in research because working with the whole population is
difficult if not impossible in research process with respect to time and resource
constraints (Creswell, 2003; 2007).Sampling, according to Tagoe (2009) and Yeboah
(2008) are processes of selecting participants from the larger population for research
work. The researcher could not use all the migrant workers in Accra as respondents.
There was the need to have a small size which Creswell (2007) said the small size
enhanced quality work. A sample of 11 participants (kayayei) was selected for this
study with ages ranging from 14 to 22. Participants’ educational levels ranged from no
formal education to completion of junior high school.
3.3 Purposive Sampling
According to Merriam (1997; 2000) and Tagoe (2009), the most appropriate sampling
in qualitative research is purposive sampling of nonprobability sampling technigue.
Mugendi and Mugendi (1999:50), maintain that, “Purposive sampling allows a
researcher to use study sites that have the required information that could answer
objectives of the research.” Purposeful sampling of study areas could inform the
researcher better understanding of the research problem under study (Creswell,
2007:p118). Purposive sampling is based on the premise that, the researcher want to
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discover, understand and gain in depth knowledge and to that end ought to select a
sample from which more can be learned( Merriam,2000; Tagoe,2009).
The three study areas were selected via purposive sampling technique of the nonprobability sampling because of the relevant data needed for this research. That means
the researcher used his judgement to go to the three market centres where he could
locate the migrant porters.
3.4 Data Collection and Procedure
The technique for primary data collection for this study was the Interview method.
Interviewing had been used successfully by previous researchers to collect data on
female migrant porters working in the informal sector in Accra (Apt and Grieco, 1997;
Opare, 2003; Vandenberg, 2007; Awumbila, 2008; Yeboah, 2008). Moreover, sitting
face to face with the interviewees would enable researcher to clarifies statements from
respondents which might not be clearer.This motivated my choice of interviewing
method of collecting primary data.
3.4.1 Interview method
According to Merriam (1998), in all forms of qualitative research, data collections are
done through interviews. Interviewing as method of data collection is at the heart of
qualitative research . Creswell (2006), define interview as face-to-face verbal exchange
of information in which one person, the interviewer, attempts to elicit information from
the interviewee. Gubrium and Holstein (2002) content that” we now live in an
interview society” due to the extensive use of the interviewing as data collection tool to
acquire information.. It is preferred because the researcher wanted the respondents to
give a detailed account of their daily abuses. According to Twumasi (1986:29),
interview is a suitable method for gathering data from rural and illiterate population
especially if the researcher understands the language of the people he/she is
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researching. Similarly, Awoyemi (2002), observes that, interview method is useful
where the educational levels of the respondents are low.
The researcher chose the interviewing method because, abuses, feelings, thoughts and
intensions of female migrant porters could not be directly observed at face value. Faceto-face interview with the migrant porters enabled the researcher to enter porters’
worldview and perspective through asking porters questions to elicit the needed
answers for the research questions.
Preliminary visit was made to have an insight about kayayei activities. The first day I
interacted and interviewed two people with the interview guide about the activities of
kayayei in Accra. The preliminary visit was conducted to fine-tune the interview
questions. These two people first contacted later turn-out to be my key informants who
gave me an insight about the kayayei activities. The actual interview with the
respondents began the following day where five kayayei were interviewed through the
assistance of my colleague master student. The rules of the engagement and the
parameters of the interviewing were spelt out. The interviews were conducted in both
kayayei place of residence and work environment. This enabled me to have insight
about their living and working environments. Most of the interviews were done on
Sunday where there were no serious business activities and moreover the kayayei
opted for Sundays because of time convenience. Interviews were recorded using a tape
recorder, and detailed field notes were taken to enrich the research. The length of each
interview varied according to respondents’ physical ability and time but did not exceed
sixty minutes.
3.6 Data analysis
Bogdan and Biklen (1992:145 cited in Tagoe,2009) describe qualitative data analysis
as “ working with data, organizing it, breaking it into manageable units, synthesizing
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it, searching for patterns ,discovering what is important and what is to be learned, and
deciding what to tell others”. Similarly, as Creswell (2006) explains, data analysis in
qualitative research study involve preparing and organizing the data for analysis, then
reducing the data into themes through a process of coding and condensing the codes,
and finally representing the data in figures, tables, or a discussion. In this research, data
collected through interview were represented qualitatively in the form of description,
narration through the use of words, field notes and quotation from participants voices
(Creswell, 2003).
The data collected from the field were first transcribed from local languages into
English for the analysis. The data were then organised into common themes reflecting
the research objectives. The data were organised into four themes as follows;
1) forms of human rights abuse,
2. Migrant porters level of awareness of their human rights,
3) Migrant porters access to human rights protection measures and
4). Migrant porters level of awareness of the abuse of their rights.
3.7 Ethical Issues In Research
The researcher followed ethical standards to ensure that the research did not harm
participants or abuse the privilege of access to participants privacy. According to
Alhassan (2006; p152)” Ethical issues of anonymity, confidentiality and privacy were
particularly relevant in ensuring that researchers’ ethical obligations to their
respondents were not violated after data collection”.
As I seek to enter participants ‘privacy’, it was important Participants consent must be
obtained and this must include the rights of participants to voluntarily withdraw from
the study at any time (Creswell, 2007; p123). As human rights student and mindful of
the participants rights, I explained verbally the purpose of my research and my reasons
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for selecting them (porters) as respondents. Again, I told the respondents their right to
either participate in the research voluntarily or opt out any point in time.
Also, at study sites I presented letters from the Department of Social Studies,
University of Education, Winneba to the opinion leaders of the study areas for their
permission and corporation. The disclosure helps in building a good rapport and
gaining access to the participants. The participants were equally assured of anonymity
as pseudonym would be used in place of their names. The chiefs gave me informants
who assisted me to locate the porters. However, it turned out that porters were very
easy to locate as they were seen commonly with their basins chasing head loads.
Coming from the north, I had no difficulty communicating with the kayayei. The
interviews were conducted through local languages which respondents were very
comfortable with.
3.8 Limitation of the research
During the fieldwork, I encountered challenges and limitations. First, it was very
difficult recruiting the respondents (migrant porters) for the interview because
portering is a mobile occupation and the porters were reluctant to sacrifice their time
and resources for interview. In order to get the porters, I had to compensate them with
money before some porters could grant me the interview which were usually scheduled
outside the working hours. Again, the noise level in the city was very high which
affected the quality of the interview especially the few interviews that were conducted
at work environment.
Another major problem was financial constraints. The researcher spent time and
financial resources on travelling and paying the porters who were willing to grant the
interview. At times, I had to follow up several times before getting a particular porter
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to interview. This was particularly so, when porter knew that, she was not going to
benefit much financially from the researcher.
One major setback of this research was the sudden departure of my first supervisor, Dr.
Okunloye back to Nigeria after his sabbatical leave had expired. This resulted in a
break in supervision and consequently, I had to look for a new supervisor to continue
from where Dr Okunloye left off. This situation affected the researcher
psychologically but never compromised the quality of this research work.
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CHAPTER FOUR
DATA PRESENTATION AND ANALYSIS
4.0 Introduction
Ghana’s savanna regions namely, Northern region, Upper East region and Upper West
region have long been recognised as the poorest regions and noted for out-migration.
The youth, particularly the females, migrate to Accra to work in menial jobs in the
informal sector of the Ghanaian economy. Unfortunately, the informal sector does not
have adequate protection for labour, especially menial worker including head porters.
It is against this backdrop that, this research looked at the various human rights abuses
encountered by female migrant porters, their knowledge of human rights awareness
and human rights protection measures available to them. It is more of a descriptive
study. This chapter is organised into two sections. The first section deals with the
respondents’ background while the other section deals with the presentation and
analysis of the data collected.
4.1 Brief description and introduction of the respondents
The names used for the purpose of the research are pseudonyms for purpose of
anonymity and does not portray the true identities of the respondents. The choice of
pseudonyms was to ensure that the respondents’ right to confidentiality were not
compromised and violated. Each respondent’s story was unique. That was the reason
for introducing them individually. In general, the respondents came from the northern
part of Ghana. Especially, they came from the Dagomba, Mamprusi and the Wale
ethnic groups. The ages of respondents ranged from 14 to 22 with an average age of
18. They were all females in their prime ages.
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1. Memunatu was a Twenty-one-year old widow and a Dagomba from Northern
Region at the time I conducted the interview. She was living and working in
Agbogbloshie as kayayoo .She had never been to school. She is a Muslim and has one
child. Memuna was 5.7 feet tall and fair in complexion, however, due to the sunny
nature in which she works, her complexion looked faded in colour. She came to Accra
in 2007 through friends’ advice of a booming business in head Porterage. She said her
high expectations of coming to Accra had been dashed because she was now facing the
reality of the hardship in the Capital city. After the day’s work, she together with three
other migrant porters went to sleep on the pavement at Agbogbloshie market.
Memunatu had been in the head porterage business for five (5) years. Yet, as at the
time of this interview, she had only been able to acquire just a few cooking utensils
and other personal effects. She had not been able to learn dressmaking as she had
initially anticipated.
2. Zinatu at the time of interview was a 16-year-old Mamprusi from the Northern
Region. She had never been to school. She was unmarried. She said there was poverty
in her region that brought her to Accra. She was dark in complexion, but because, she
has been carrying load in the sun, she even looked darker. According to four feet tall
Zinatu, she had not been growing tall because of the heavy loads she carries. She came
with an aunt to Accra to help her sell sachets water. It has been ten months since then,
unfortunately, anytime the porters passed by, her aunt asked her to follow them to
engage in the same business instead of selling sachets of water. Later she joined the
head porterage business and had since remained a kayayoo for two years. Sadly, the
proceeds from this business went to her aunt.
3. Zinabu was a fourteen year old Dagomba from Northern region at the time of the
interview. Her both parents were alive and working as subsistence farmers and their
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produce were not enough to feed the family of six. She was fat and fair in complexion.
She travelled to Accra without informing her parents. She accompanied friends who
paid her fare to Accra. Her friends had told her of the lucrative head porterage
business. According to her, this made her fell in love with head porterage with the aim
of also making money. However, her assumption of the porterage business had
challenges facing the reality of the hardships she was experiencing in the business. She
was a school dropout who stopped school at stage five (5). She had since then, been
working as kayayoo for one year at the time of this interview.
4. Felilatu was an 18-year-old tall when she was interviewed and fair in complexion.
She was a Dagomba from northern region. Both her parents were living and farming in
a remotest village 150 miles away from Tamale, capital of Northern region. She was a
junior high school graduate who completed school in 2009. She could not attend senior
high school because, her father, a poor farmer, could not support her to further her
education. Poverty drove her to Accra to find greener pastures. She found it, but as
kayayoo. Though she had not been able to save enough money to continue her
education as she anticipated, she hoped things would get better as she wanted to be a
nurse. She had worked as kayayoo for three years as at the time of this interview. She
slept in the open at the market at Agbogbloshie in Accra. She was not yet married at
the time of the interview. She claimed she had four other siblings living with the
parents at their home village.
5. Kudera was a 17-year-old girl from the Mamprusi ethnic group in the Northern
region. She dropped out of school in form one at junior high school. Both parents are
alive and farming in their village. She was somehow fair in complexion and short in
height. At age 14, she was forced into marriage but she refused. This led her to run
away to Accra. In the capital city, she became close to friends she had known in the
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northern region who introduced her to the porterage business. According Kudera, she
had engaged in the kaya business for three good years. But she could only boost of
only two pieces of cloth and a few cooking utensils. She felt very disappointed because
city life was indeed expensive.
6. Zuwera was a 19-year-old when she was interview. She is a married Dagomba,
woman from Northern region. She had one child and had never been to school. She
claimed her both parents were very old, and could not farm to feed the family. She was
fair in complexion and slim in body structure. Zuwera had a slightly different story to
tell. According to her, she normally came to Accra to engage in the head porterage
business during the off season, after all farm produce had been harvested and she had
nothing to do. Thus she normally worked for some time and returned to the north at the
beginning of farming season. This on and off kaya business had gone on for three
years. She was one of 15 other friends who had rented a make-shift structure where
they all sleep after work. Zuwera was fifth born of ten children of her parents.
7. Amama was a 15-year-old girl at the time of the interview and had never been to
school. She was dark in complexion and smallish in size. She was not married. She
came from Wa in the Upper West Region. She came to Accra by herself to look for
money to buy personal effects in preparation for marriage. Amama remarked, “I ran
away from home to Accra simply because there was no work in the North. My mother
always picked quarrels with me in an effort to force me to come to Accra. Now, “I am
here suffering” in Accra. In Accra, she had no alternative but had to resort to the head
porterage business for survival. At night, she slept in a passenger shed at Tema station
Lorry Park. At the time of the interview, Amama claimed, she was sick with malaria as
a result of mosquito bites. She had been working as a kayayoo in Accra for seventeen
months.
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8. Rashidatu was a 14-year-old when she was interviewed Dagomba from Northern
Region who dropped out of school at basic stage four (4). She was not married. She
was dark in complexion and relatively fat. According to her, there was an agreement
between a woman and her father for her to be brought to Accra to help her to sell. As
part of the agreement, the woman would be remitting the father every month.
However, her hopes were dashed when in Accra the woman bought her a head pan and
introduced her to the head porterage business. She has left the woman’s place and
sleeps with friends. Throughout the interview, she wept because of the bad treatment
and deceit she has suffered under the woman who promised her heaven on earth.
Again, if she remembers the treatment by most of her clients she felt like going back to
the North. However, she had no money of her own because she gave her daily sales to
the woman ostensibly for safekeeping. She was two years old in the kayayoo business.
9. Mariama was a 22-year-old married woman with no child. Mariama belonged to the
Mamprusi ethnic in the Northern region. She was very tall and dark in colour. At the
time of the interview she had been engaged in head porterage for five years. She has
never been to school. She claimed her parents had no money to send her to school. So,
she came to Accra to engage in the porterage business to survive. She sleeps in front of
stores. At night she is exposed to threats like attack from dangerous animals and
insects such as scorpions, mosquitoes. Rape was another serious threat. Mariama
looked very sad as she bears the brunt of city life.
10. Sadia was 14-year-old who dropped out of school at basic stage five. She was fair
in colour and short in height. She is an orphan who migrated to Accra through a
Dagomba woman (a senior Kayayoo) who had lived in Accra for twenty years. She
was told by the woman that there was money in Accra and that she would be rich if she
came with her. She was among three young girls the woman brought to Accra without
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their parents’ blessing. The woman introduced them to the head porterage business but
she together with other kayayei worked and made sales to the woman. According to
Sadia, they were not provided with any accommodation and they spent their nights in
market stalls and verandahs in front of stores. She worked with the woman for six
months and ran away to start her own head porterage. She was in her third year in the
head porterage. For Sadia, there was a disconnect between what they were told and the
reality in Accra. The unhealthy and squalor condition under which she works and lives
exposes her to diseases such as cholera, diarrhea, dysentery and severe body pains. A
single look at her suggested she is disappointed and regretful. She is not married.
11. Salamatu was a 15-year-old Mamprusi with a six months old baby strapped at her
back. She had never been to school. She was dark and short. She claimed she did not
know the child’s father. She came to Accra through a woman who was not her relative.
The woman promised to buy her a sewing machine after working for her for a year.
After two years she ran away because the woman refused to honour her promise of
buying her a sewing machine. She lives with six other kayayei in a rented makeshift
structure in Agbogbloshie area. They pay a monthly rent of GH¢15 each to the
landlord. She said the area they live is unhygienic. She had worked as kayayoo for
three years seven months. She had been able to acquire a sewing machine and was
saving towards going back to the North to learn dressmaking which she said was far
better than life as a kayayoo. She explained that it was not easy to live with the income
far lower than expected. A short look at her face and physical appearance would give
the same impression. She was not married.
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4.2 Forms of Human Rights Abuse Suffered By Female Migrant Porters
This section discusses the forms of abuse the female head porters went through. They
include physical abuse such as beating, hitting, and insults. It discusses the actual
forms of abuse the female migrant workers experienced in the line of duty.
4.2.1 Trafficking of persons
Questions were asked as to whether the migrant porters came to the capital city on
their own. Two kayayei revealed that they were trafficked from the northern Ghana to
Accra for the head porterage business. Sadia a 14-year-old kayayoo narrated her
experience as captured below: My auntie came to my parents and told them that she
owns a business in Accra and she needed a girl to assist her. She gave my parents
money and promised to remit them monthly. She brought me to Accra and gave me to a
kenkey seller to work with. I usually woke up at dawn (about 4.00am) to prepare
kenkey and sell till about 10.00pm before I close. Every month the woman would pay
money to my auntie. They used me like donkey and I had no one to complaint to. This
made me to run away to become a boss of my own in the kaya business. (Source:
interview with kayayoo, 2012).
Rashidatu said:
I always refer to one woman as my sister and sometimes aunt but in actual fact there is
no blood relation between us except that we come from the same village. The woman
went to my parents and four other girls’ parents and deceived them that when they
allowed us to come to Accra, we would work and bring them money so they could buy
things they needed. Also, she promised to buy us sewing machines and cooking utensils
after working for two years. The woman (our madam) gave three of us out as house-
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helps for a fee. Another girl called Amina and I remained with her to do commercial
head porterage. We usually made sales for her. We are always in trouble when we
made small sales. Hmm..! We carried the head loads with all the pains without any
medical care from her. At night we do not have place to lay your head and we are
always afraid that criminals would rape us. My madam has been bringing many girls
for people as domestic servants. We are always treated as slaves and our parents do
not even know what we are going through. (Source: field work, 2012).
Both respondents claim that senior kayayei who had lived in Accra for a long time
went to the north to deceive their parents and relatives and brought them to work for
the seniors in Accra. The young kayayei worked for them and yet they do not pay
them. The monies they made were collected from them by their seniors.
4.2.2 Hostility , stereotyping and discrimination
Respondents were questioned as to whether there was hostility from other people
living in Accra, and as to whether they felt discriminated against in their work. This
brought to the fore that natives and other individuals perceived migrants as exploiters
and enemies who had taken over their jobs. All the respondents admitted experiencing
hostility especially from other people living in Accra. All the women in this study had
experienced a hostile reception and were often told to go back to their hometown. As
intimated by Sadia, people accused them that they had come to take their jobs away
from them. “Their attitude towards us is very hostile to us which meant that we were
not welcome”. We had often been accused as criminals and thieves. Any moment
something got missing, we were first suspect.
Mariama said that sometimes they were regarded as non-Ghanaians who had no right
to live and work in Accra. A woman at Makola told her in Asante twi, “ Kɔ wo krom
71
…. Wo nyɛ Ghanani” which literally means go to your hometown you are not a
Ghanaian.
Memunatu said that, she gets crazy about some of the remarks directed at them like
kayayoo “wabɔ dam wɔ pɛ dɛn? Kɔ wo kɔrom,” meaning kayayoo what do you want
here; Go to your hometown.
According to Rashidatu, it is always annoying to hear some of the comments that some
people suspected to be Gas made comments like “wa nya sika kɔ wˊakyi” in Twi
which means you have made enough money go back to where you come from.
Zuwera on her part, said that at first she used to get worried but now she sees them as
part of their job as kayayei. She carried a woman’s load from Makola market to the
Rawlings park and she wanted to pay her less than agreed fee and she protested.
Finally, the woman gave the money to her but spoke in dialect which she was told it
meant; stupid northerner girl who had become civilized in Accra, go back and teach
your siblings some sense.
Sadia said a certain young girl whose mother’s luggage she was carrying said to her in
local language (Twi): ‘Kayayoo wɔ yɛ aboa, ekom na edi wo baa ha ’. Meaning;
kayayoo you are an animal, hunger brought you to here.
Salamatu said that they usually gathered to rest under a tree around Tudu when they
were tied. Also, near the tree was a woman who sold roasted plantain. Anytime they
were conversing among themselves, this woman would shout at them and tell them to
go back to north and make noise there not, in Accra. Accra is not for you kayayei. For
her some of those remarks does not only put her off but were very infuriating.
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The above responses by the migrant porters show some hostilities and discrimination
they encountered in the course of pursuing their livelihoods in Accra.
4.2.3 Physical abuse
All the ten respondents had experienced one form of physical abuse in the course of
their commercial head porterage. Three respondents (Rashidatu, Zinabu and Zinatu)
admitted that their clients had assaulted them for damaging their goods. According to
Rashidatu, she was carrying a bundle of plantains from Makola market to Tema
station. On her way, she stumbled and fell with the plantain. Unfortunately, three
fingers of the plantain got broken. Her client, a woman, turned and hit her (Rashidatu)
with her hand-bag. According to Zinabu, she carried a box of tomatoes from
Agbogbloshie market to Imperial bus terminal. She had to manoeuver through a thick
crowd of market people with the box of tomatoes. In the process, she was pushed by
someone who was trying to escape from a moving vehicle. She fell down and some of
the tomatoes were destroyed. She was asked to pay for the damaged tomatoes, but she
had no money. The owner got furious and slapped her three times. Fortunately, she
was saved by an onion seller.
Zinatu also said she had been beaten by Ghana Private Road Transport Union officials
(GPRTU) for obstructing free flow of vehicular traffic. She said there is always some
confusion and confrontation between the Kayayei and the GPRTU officials for the
reasons that the Kayayei were always running after cars entering the station to secure
head loads. Memunatu narrated that, she had a very bad encounter with the Accra
Metropolitan Authority (AMA) decongestion team. She said she attempted to prevent
AMA officials from dismantling her make-shift wooden structure that she sleeps in.
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She said, in the process of struggling with the team, one of the AMA task force held
her cloth and tore it into pieces. This made her go naked.
4.2.4 Verbal and psychological abuse
The respondents were asked whether they faced verbal and psychological abuse. This
brought to the fore that the common forms of psychological abuse suffered by the
Kayayei were insults, intimidation, yelling, shouting with the use of demeaning
language, diatribe and name-calling. Four respondents indicated that they had suffered
psychological and verbal abuse. According to Felilatu, she experienced this sort of
abuse which includes insults and invectives from customers who patronized her
service. For instance, a customer once called her “woyɛ aboa paa” in the Ashanti
dialect literally meaning “you are an animal”. She said she felt very bad for being
referred to as an animal for no apparent reason. Felilatu claimed that the women clients
were the worst offenders.
Similarly, Zuwera said that apart from the insults customers always rained on her,
sometimes shouted and yelled at her. This is especially when the goods were too heavy
and she could not walk fast enough to keep pace with the customer. In such situations
the customers shouted at them to walk faster. Sometimes she gets offended but she felt
that she could do nothing.
According to Kudera, some of her clients used demeaning language or words toward
her which were sometimes painful and unpalatable on her. She said a particular
customer whose name she declined to mention often referred to her as “dirty northern
girl” or “Tani” which in Asante means insults. Anytime some of her customers tried to
cheat her and she resisted it, they interpreted it as “you people you lack
understanding”.
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Rashidatu, operating at Tema lorry station, shared her experience while weeping
profusely during the interview. According to her, customers sometimes treat her like
she was a second-class human being. Some of the clients often launched diatribe
against her simply because she comes from the north. For example, one particular
woman from the Tema lorry station assumed that all northerners were sympathizers of
one of the major political parties in Ghana. In this case she received insults from her
clients because she was assumed to be part of that political party. GPRTU officials at
the Tema station often intimidated them and with least provocation, insults were rained
on them. The officials asked them to pay a tax on every load they carried. However,
other workers in the same area did not pay taxes on every ware they sold.
4.2.5 Lack of access to basic education and other social services
There were questions on whether or not their children were in school, and if they were
in school, was it affordable and accessible to them. The porters lamented about
unavailability of public schools and some social services like portable water in
migrants’ communities.
On access to universal basic education two respondents (Memunatu and Zuwera)
complained bitterly about the absence of public schools in migrant communities,
particularly Agbogbloshie. According to Memunatu, she had a child of seven years.
Lack of public schools in the vicinity has denied her child of school going age to be in
school.. She alleged that Agbogbloshie community did not have public school because
the area was considered an illegal settlement. Successive governments have failed to
provide public schools to the place. To fill this vacuum, individuals have taken it upon
themselves to establish private schools education. Although her child was old enough
to start school, she could not send her to school because of the high school fees
75
charged. This state of affairs had been affecting her and her son, as she had to send the
child along to assist her carry load. For her, her inability to send her child to school
meant that they were going to remain poor for life.
Zuwera, whose story was similar to Memunatu, alleged that the Agbogbloshie
community did not have public schools because the community is largely inhabited by
migrants from both Ghana and other West African countries. According to her, she
could not afford fifty Ghana cedis to pay her child’s monthly school fees. Rather, she
was working hard as a kayayoo to save enough money to engage in a more
economically viable venture that would enable her send her child to school.
Apart from education, the two respondents expressed serious lack of other social
services like portable water and good sanitation system. At Agbogbloshie community,
access to clean water was a problem. Some of residents including porters could not
afford to buy water supplied by water companies resort to contaminated water sources
for bathing or cooking. Equally important the sanitation was very bad in migrants
living place. Zoom lion and other waste management companies do not operate at the
community. My personal visit and observation of at Agbogbloshie community
confirmed the respondents’ allegations. Waste bins were completely absent. The
community was littered with garbage and human excreta. Migrants suffered frequent
outbreak of cholera and other water borne diseases.
4.2.6 Sexual abuse, harassment and rape
The respondents were asked as to whether they were safe where they lived and
worked. Four respondents (Mariama, Amama, Salamatu and Zinabu) confirmed that
they had experienced one form of sexual harassment or another. All the victims of
sexual harassment posited that they were more vulnerable to sexual abuse largely
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because of lack of accommodation and lack of protection from the state (police patrols
in vicinities). According to Amama, she had been raped before at the Tema Station .
Narrating her nauseating experience, she said the incident took place at dawn at
about1:00am when the alleged rapist pounced on her when she was sleeping and
forcibly had sex with her. She did not report the case. According to her, this was
because she had not been to school and did not know what to do.
Mariama, on her part, claimed that there was an attempted rape on her but she
managed to escape. She said female migrant workers like her in Accra were more
vulnerable to sexual abuse simply because they did not have any convenient shelter.
Accommodation in Accra is very expensive and it is beyond what a poor person like
her could afford. Thus sleeping in the open exposes them to criminals who abuse them.
Zinabu admitted that she had also been raped and had bled profusely afterwards. She
was raped at night when she was sleeping in a store. Unfortunately, that very day there
was black out. A young man approached to have sex with her, but she declined. The
man went away but returned fifteen minutes later, gagged her and raped her. Actually,
she could not identify the rapist. However, she suspected a particular man who made
sexual advances toward her any time they met. Zinabu intimated, “my brother, every
night, our life is at risk as criminals lurk around to take undue advantage of our
vulnerability to have sex with us”. Zinabu said that instead of sleeping in obscure
places where rapists could take advantage of them, they slept together in group in the
open so they could provide security for one another.
Salamatu, another victim of sexual assault, said she was raped before she joined her
friends to rent a makeshift structure. According to Salamatu, when she ran away from
the woman who brought her to Accra, she had to stay for three nights alone in a market
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shed. One of the nights it rained heavily and she was feeling cold and needed a warm
place at least for that night. A man from nowhere approached her and offered to
accommodate her at least for that night. He claimed he was a pastor and was playing
the role of a Good Samaritan in the Bible. She accepted the offer because the man was
a pastor. Deep in the night “the man of God” forcibly had sex with her resulting in
pregnancy that led to the child she was carrying. After that night she never saw the
man again. As a single parent, life has been very difficult for her; she has to carry
heavy loads with the child at the back. She said she does not earn enough money to
feed the child with good nutrition. My observation indeed testified to the fact that
Salamatu’s child was malnourished .He does not get proper care, as the mother was
always busy chasing after head loads in order to earn a living. She mentioned two other
kayayei who had had similar experiences in Accra.
4.2.7. Harassment by Ghana private road transport union (GPRTU) officials
The respondents were asked to state whether they were harassed by the GPRTU
officials. The respondents were very much aware that the Ghana Private Road
Transport Union was the body mandated to control the lorry stations. In pursuit of their
livelihoods around various lorry stations in Accra however, head porters run into
collision with the GPRTU Officials.
Two respondents, (Sadia and Zuwera), complained that, they had always been harassed
by GPRTU Officials. Particularly at Tema station Lorry Park, the GPRTU officials
mishandle the porters for taking over the pavement and passenger sheds at the station.
Sadia claimed that the situation becomes worse during rainy days when they compete
with passengers for space to avoid being beaten by the rain. The station officials shout
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at them and sometimes even drive them away so passengers could have their comfort.
“The station officials always regard us as nuisance at the station”, she lamented.
4.2.8 Exploitation by relatives and customers
Respondents were asked to state as to whether or not the migrant porters faced
exploitation by relatives and customers. They said that they experienced various forms
of exploitation either from customers, Susu collectors or close relatives. Four
respondents revealed that they have experienced various forms of exploitation such as
total nonpayment for work done, under payment and theft. Felilatu on her part said that
she carried a head load of foodstuffs from Kantamanto to the lorry station with an
agreed fee of three Ghana cedis. On reaching the Tema lorry station, the owner of the
goods had not enough money to pay for the agreed amount. She could only afford one
cedi fifty pesewas. She said the woman threw the money at her and asked her to either
pick the money or leave the place. In a related development, Felilatu said another
woman hired her to carry used clothing from the Makola market to Kantamanto. Sadly
when she reached there, the customer refused to pay her claiming she had no money.
The woman asked her to go home and come the following day for her money. But, she
went back only to be told that the woman had left the area. Memunatu remarked;
My brother while customers are cheating us, our fellow northern women are exploiting
us, you cannot even give your money for them to keep for you. According to
Memunatu, she gave her money to a relative for safe keeping because she had no
proper place to keep it. Three months later she went back and the woman had spent the
money on her retail trade. The woman said she was not in the position to pay her
immediately. At another time, she remitted the family at the north through an aunt but
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the money never got to her family. Memunatu expressed her resentment when she
remarked that:
Our customers are normally the ones who exploit us the more because they pay us less
than what we ask for. In most instances we are forced to accept the fee without any
complaint but there times that we ask for more because the load may be big or heavy.
4.2.9 Theft and defrauding by susu collectors
To the question where do migrants’ porters keep their monies after the daily work?
Some porters made the revelation below. The migrant porters expressed grave
concerns about safekeeping of their hard earned money. They did not have any safe
and secure place to keep their properties and monies. In view of this, the porters had
joined a collective saving scheme or deposit collectors called susu, a terminology
commonly used in Ghana. According to the respondents, the susu scheme is more
convenient than formal banking systems which involved more documentation. They
simply register with the susu collectors and after their daily work, the collectors come
for the money. The susu collectors provide services based on commission. However,
the collectors sometimes defraud them by absconding with their cumulative saving.
My interaction with two susu collectors revealed that, the susu providers do not
provide clients with proper addresses or adequate security measures to track them.
Kudera and Amama narrated in a story separately where a Susu collector at
Agbogbloshie market ran away with a total sum of 200 Ghana cedis. Narrating their
story both Kudera and Amama said, owing to the lack of safe place to keep the
proceeds of their labour, after work, they had arranged with the Susu collector to
collect the daily sales of Two Ghana Cedis at a monthly commission of ten Ghana
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cedis to the susu collector for keeping their money. The Susu collector absconded with
the money and his whereabout cannot be traced.
4.2.9.1Forced eviction and demolition exercises
AMA periodically carries out eviction and demolition exercises purportedly to keep
the ‘millennium city’ clean. These exercises are targeted at slums which are often
inhabited by migrants. Three respondents affirmed that they had suffered from the
disastrous effects of AMA demolition exercises. These respondents claimed that they
were not given adequate notice and enough time to evacuate the affected areas. One
such respondent (Zuwera) said she had made a small make-shift structure where she
kept her things and slept as well at Agbogbloshie. One day she returned from work in
the evening only to find her make-shift structure pulled down by the AMA demolition
team. She lost all her belongings but she was never compensated. Later, she reported
personally to the AMA authorities, who told her the structure was illegal.
Memunatu in a related story said that she was around when the AMA demolition team
dismantled the structure she had also put up. She said she confronted the team but she
was pushed away violently. She fell down and had a cut on her shoulder as well as
other degrees of injuries. She said that she was never compensated nor her hospital
bills paid.
Zinatu, on her part, said she was one day standing on the pavement waiting for
customers when the AMA decongestion team came around and chased them away.
One of the team members hit her with a stick leaving a mark on the left hand. For
about a month she could not carry head load. Zinatu said sadly “Hmm, my dear
brother, the AMA task force considers us as nuisance to the city. They always clear us
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like rubbish. They do not have mercy on us at all. But we are also trying to make
living.”
4.3 To What Extent Are Female Migrant Porters Aware of Human Rights
protection measures available to them as citizens?
The respondents answered a question on whether they were aware of and or have
access to human rights protection measures. They said they were aware of some human
rights protection measures available to Ghanaians. Among these are commission for
human right and administrative justice, the court system, police / domestic violence
and victim support unit, the legal aid board and the department of social welfare. The
response from the respondents showed a mix results. Two respondents (Memunatu and
Felilatu) demonstrated their knowledge of human rights awareness while the other nine
respondents demonstrated that they are ignorant to human rights protection measures.
According to Memunatu, one day she went out to carry head loads. She came back to
realize that her room items were stolen. She reported the case to the police. While the
police was investigating the claim, she found out that the suspect was living in the
same vicinity and alerted the police. The suspected thief was arrested. Again, the AMA
decongestion team demolished her make-shift wooden structure. She said she knew
that she could report the matter to the AMA authorities to ascertain as to whether or
not those who came there to do the demolition exercise were authorized to do so.
Felilatu has also demonstrated that she has human rights protection knowledge. This
may be due to her education as the Junior high School graduate. According to her,
there was instance where a customer whom she has long established rapport with
accused her of stealing her onions. She denied it, but the woman would not let her go.
She assaulted her and dragged her on the floor. She got injured badly. She wanted to
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complain, but the customer poured hot water on her. She reported the case to the
Commission of Human Rights and Administrative Justice. The case was adjudged in
favour of her. The woman compensated her with an amount of 50 cedis for assaulting
her.
4.4 To What Extent Do Migrant Porters Have Access to Human Rights
Protection?
The question as to whether or not the migrant commercial head porters have access to
human rights measures or institutions was met with mixed responses.
Five of respondents (Memunatu, Kudera, Rashidatu, Felilatu and Salamatu) showed
that they have access to human rights measures available to Ghanaian citizens. Felilatu
said that, she encountered a problem where her money she saved to buy a sewing
machine was stolen by a suspected truck pusher at their living place. When the incident
happened, she said she recalled that at junior high school she learnt about human rights
institutions in social studies. At first, she was afraid of the police. Worst of it all, she
was afraid of the cost of accessing the human rights institution. Her friends advised her
not to report because the police would not take her seriously because she was a
kayayoo. She did report however and the police retrieved her money for her.
According to Memunatu, when she reported the theft case to the police, the police
investigated the claim but they said the suspected thief was not guilty as had been
alleged. The suspected thief was acquitted.
Again, the AMA decongestion team
evicted her from her make-shift wooden structure and destroyed her personal
belongings she had acquired through her kaya business. She, together with other
kayayei, who had suffered similar fate, reported to the AMA to compensate them for
destroying their properties. The AMA authorities refused to compensate her.
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Kudera knew that when you are abused you had to report to the police. According to
her, it was a waste of time to report to the police because they would demand money
before attending to you. She had no money to follow up cases. She remarked….When
it comes to being reported to the police station, justice does not prevail there. When
the customer or market woman reports you to the police, the police always think of
how much money they can get either from the kayayoo or the market women. The
police therefore do not listen to our side of the story. The police will just arrest you
and your ethnic group members and friends have to contribute money to bail you out.
Rashidatu said she had only reported a case involving rape to the police but she never
had fair treatment. According to her, it all started when she carried head loads of a
male client to his house at Jamestown in Accra. She said that when she got to the
house, the man invited her to his room for the money. Being anxious to get her money,
she obliged. To her surprise, he closed the door and demanded sex before paying her
the money which he claimed could even be more than what she charged. She was
adamant. The man threatened to kill her if she did not agree with his demands.
Eventually, he dragged her and forced to have sex with her. Her money was never
paid. The man threatened her not to reveal to anybody and if she did she would die.
The following day she began experiencing pains at her private part. She disclosed to
her closest friend who encouraged her to report to police. She reported accordingly and
the man was arrested. But the man denied having sex with her. After a week, the man
was given bail and asked to report to the police everyday but after sometime the man
stopped going to police. Anytime she went there to complain, the police would demand
money which she did not have. After sometime, she stopped going there. For her, it
was because she did not have money that she did not have justice.
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Salamatu, a victim of rape which resulted in childbirth said that when she gave birth to
her child whose father she could not trace, she reported to the Department of Social
Welfare to assist her care for the child. However, the department told her the only help
it could offer her, was to take the child to the children’s home, so she could have time
to do her kaya business. However, she declined the offer because she did not want the
child to go to the children’s home.
4.5 Whether Female Migrant Porters Are Aware That Their Rights Are Being
Abused
This section sought to find out whether female migrant porters were aware that the
treatment meted out to them by their customers constituted abuse of rights.
Four of the respondents (Kudera, Felilatu, Sadia and Rashidatu) demonstrated that they
were aware that their rights were being abused by some of the customers who
patronized their labour. The respondents cited radio programmes, television
programmes and the activities of human rights Non-governmental Organisation who
had enlightened them on the abuse of rights.
Kudera said she was aware her rights were being abused because she had been hearing
on radio that every human being has a right to his or her dignity. She was aware that
when she worked she must be paid. Anything short of that meant she was being denied
her rights to livelihood and decent living. She said she was aware she was not to be
subjected to mental and psychological torture. Anybody who tried denying her, her
rights to accommodation was exposing her to mental and psychological torture. She
said even though the officials were aware that her structure was illegal, they had
waited for these long years for her to live comfortably in it. Why are they disturbing
her now?
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Felilatu said that at school she was taught that rape, beating, insults and the use of
demeaning language on someone constituted human right abuse. She was aware that
anything that inflicts pain on a fellow human being was abuse of rights. Importantly,
just like any other Ghanaian it was within her right to earn a living and any person who
attempt to stop her from engaging in head porterage was abusing her of the right to
survival. According to her, she was often worried about the way they were mistreated
by clients, GPTRU officials and AMA decongestion team.
Sadia, a 15-year-old school dropout, admitted that she had knowledge of human rights
abuse. According to her, she had been watching Ghana Television (GTV) programme
on every Tuesday evening titled “Mmaa Nkomo” which sometimes taught women on
their rights. Through the programme she had learnt that assault, rape and insults were
human rights abuse. Sadia remarked “my brother sometimes you know your rights
were being abused but had no money to report and make follow up”.
Rashidatu claimed that a faith-based NGO organised workshop for the kayayei and
educated them about their rights as Ghanaian citizens. According to her, they were told
that it was their right to work in any chosen occupation and must be paid for work
done. The said NGO educated them on where to report if they encountered problems of
abuse in the course of their work. Through the NGO, she got to know that the refusal
to pay or underpayment and assault were abuse of rights and the NGO was very
helpful to them.
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CHAPTER FIVE
DISCUSSION OF RESEARCH FINDINGS
5.0 Introduction
This chapter discusses the various aspects of qualitative interviews from the field. The
discussion focuses on human rights issues about the research. It discusses the
respondents’ level of awareness of their rights, knowledge of abuse of right and access
to human rights protection. This section also raises some concerns of the women
migrant porters working in the informal sector in the city of Accra and their human
rights issues.
5.1. Forms of Human Rights Abuses of Kayayei
This section raises issues of human rights concern of the porters.
5.1.1 Human trafficking
According to Human Trafficking Act(Act 694) trafficking is recruitment, transport,
transfer, harbouring, trading or receipt of persons within or across borders by threat,
force, coercion, abduction, slavery, fraud, deception, abuse of power or exploitation of
vulnerability or by giving or receiving payments and benefits to achieve consent. The
study showed that majority of trafficked children emanated from Northern Ghana.
They came to the capital city because they wanted greener pastures. Some were tricked
into coming to Accra with the promise of sending them to learn a vocation. There were
agreements between the parents of some of the porters and the senior kayayei to remit
the former frequently. These agreements have not been heeded to making the porters
disappointed. Sometimes, they were not even given the chance to keep their own hard
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earned money but the money was spent by the senior kayayei who brought them. In
effect, they worked without being paid. This is against the fundamental human rights
of the porters as enshrined in the Labour Act of 2003(Act 651) which states that ‘Every
worker shall receive equal pay for equal work without distinction of any kind’.
The stories of the two respondents, Sadia and Rashidatu showed a clear case of human
trafficking. These stories showed that matured kayayei who had stayed in Accra for a
long time normally went to the north to recruit the younger kayayei and gave them out
for domestic servitude and sexual exploitation for fees. These human traffickers were
usually close relatives who exploited the labour of the young kayayei (victims)
The woman who brought Sadia and Rashidatu to Accra deceived them. She gave them
out to work for a different person contrary to what was agreed on. This was also
against moral law. Considering the age of the respondents, they were vulnerable to
exploitation by the traffickers. This supported finding of Tuakli, Miller, AgyarkoKwarteng and Jones (2006) of Situational analysis of Vulnerable Children in Ghana
which argued that, children of younger age were vulnerable to abuse because they
were minors. Similarly, it supports the US Department of State country human rights
report which found that, girls from the north and east were trafficked to Accra and
Kumasi to work as head porters, domestic helpers, and assistants to local traders.
The above study result demonstrated clearly that even though slavery had been
abolished in the 1807, in the northern part of Ghana parents were prepared to sacrifice
their wards to be taken to slavery and servitude for financial gains. The research
showed that often these young girls did not even know that they were being trafficked
and exploited. This was because victims of the trafficking were usually deceived to
believeing that life in the capital city was rosy with access to a head pan.
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5.1.2 Hostility and discrimination
The study showed a seeming manifestation of xenophobic hostility and serious
resentment direct toward the kayayei.
ILO, IOM& OHCHR (2001) describe
xenophobia as attitudes, prejudices and behavior that reject, exclude and often vilify
persons, based on the perception that they are outsiders or foreigners to the
community, society or national identity.
Majority of the kayayei interviewed particularly Mariama, Memunatu, Sadia, Salamatu
and Zuwera expressed serious resentment about the treatment meted out to them
especially by the people they suspected to be indigenous Gas. The indigenes had
always expressed hostile attitude and discrimination against the migrant porters. The
indigenes did not regard them as Ghanaian citizens with equal rights. They usually
expressed biases toward them. It was often common to hear “Go to your home
town…… you are not part of us…the land is for Gas”. This supports Ghana PPVA
(2011:40) study that, the indigenes saw the migrants as “strangers” or “not part of us”
and that their voices were perceived as nuisance by the residents. The kayayei were
associated with criminality whenever there was crime or theft case.
In the face of these economic challenges, supposed “strangers” become scapegoat.
Studies had shown that xenophobic hostiles and discrimination often directed toward
immigrants is a globalised human right problem. According to ILO (2001), “migrants
are commonly associated in news media coverage, by politicians and in popular
discourse with crime, trafficking, drugs, disease, AIDS and other social ills. Migrants
themselves are criminalized, most dramatically through widespread characterization of
irregular migrants as ‘illegal’ implicitly placing them outside the scope and protection
of the rule of law”.
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The expression of
hostility and discrimination and scapegoating of kayayei as
criminals and thieves were violation of their human rights. Xenophobic, hostility and
discrimination against migrants offend UDHR of 1948 and Ghanaian constitution of
1992, which all affirmed the prohibition of discrimination of all forms.
5.1.3 Physical abuse
United Nations(1989) define Physical abuse
as slapping, beating, arm twisting,
stabbing, strangling, burning, choking, kicking, threats with an object or weapon, and
murder. The findings of this study revealed manifestations of physical abuse between
migrant porters and their customers. With the interview of Rashidatu, Zinabu and
Zinatu showed they had often experienced physical assault. Physical abuse of migrant
women porters took the form of beating, hitting with sticks or handbag and booting.
The assault sometimes left the respondents with bodily marks. This often created
unnecessary tension between migrant kayayei and their patrons or clients.
Migrant porters have right to human dignity and equal treatment. Physical assault of
migrant porters reduce their right to human dignity as enshrined in chapter five of
1992 constitution of Ghana. Physical assault may lead to inhumane and degrading
treatment of migrant porters.
Ghana is a signatory to the UN Convention against Torture and Other Cruel, Inhuman
or Degrading Treatment or Punishment (CAT) 1984. The convention defined torture as
any act by which severe pain or suffering, whether physical or mental, is intentionally
inflicted on a person for such purposes of obtaining from him or third person
information or confessing, punishing him for an act he or a third person has committed
or is suspected of having committed, or intimidating or coercing him for any reason
based on discrimination of any kind.
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5.1.4 Verbal and psychological abuse
Psychological abuse which includes behaviour that is intended to intimidate and
persecute, and takes the form of threats of abandonment or abuse, destruction of
objects, isolation, verbal aggression and constant humiliation (United Nations, 1989).
Verbal humiliation, such as referring to a migrant porters as ‘stupid’, is the most
common form of abuse. Other forms of psychological and verbal abuse of respondents
included intimidation, screaming or yelling, shouting, the use of demeaning language,
diatribe and name-calling.This research showed that some respondents (Felilatu,
Kudera and Zuwera) suffered verbal and psychological abuse from the actions of their
clients.
As noted by Kudera, “as you move around with loads people use all sorts of insults
and demeaning language for you. Sometimes, you feel like you are not a human being.
Customers treat you with contempt, disdain and scorn. You could be in a bad mood for
the whole day.”All these forms of abuse constituted violations of fundamental human
rights of kayayei within the framework of chapter 5 of 1992 constitution of Ghana
which stated that no person shall be discriminated against on the grounds of ethnic
origin, religion, social or economic status among others. The underlying principle of
human rights underscored the notion of equality which expressed the idea of respect
for the inherent dignity of all human beings. All human beings irrespective of their
social background or jobs they do deserved respect of their fundamental human
rights.
5.1.5. Lack of access to universal basic education by kayayei children
Agbogbloshie, one of the study sites was the largest informal settlement in Accra
where most migrants including kayayei worked and lived there. The kayayei have not
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only come to Accra to look for economic opportunities but rather they are also
procreating and raising families as well.
Agbogbloshie community does not have basic education facilities because Accra
Metropolitan Authorities for that matter government considered the community as
illegal settlement. Government, both past and present have refused to provide public
education for this segment of population living in Accra. In the face of lack of
educational facilities, kayayei children and their dependants of school going age do not
have universal access to education. Majority of kayayei were school going age and
girls could benefit from formal education. Kayayei children did not attend school
because of unavailability of public schools within the reach of the children. This
confirmed Ghana PPVA research finding in 2011 which observed that most migrants
communities did not have public schools. It was common phenomenon to see children
of school going age either languishing about or being used for errands. Similarly, it
was common in Accra to see children of school age being engaged in paid commercial
activities such as head porterage, child domestic work, petty trading, street hawking,
begging and exploitative labour. Ghana child labour survey (GCLS) 2003 classified
head porters activities as one of the Worst Forms of Child Labour (WFCL).
Residents of Agbogbloshie determined to provide education for their children, had
resorted to setting up private schools. Two private schools sighted were Grace
International School and Queens Lands International School. An interview with an
opinion leader in the community remarked “If it had not been these private schools,
could you imagine the illiteracy level in this community. What would have been our
children’s future?” The facilities of these private schools raise serious concerns. The
environment under which these schools operated was always noisy making learning
difficult if not almost impossible. The teachers at these private schools were untrained
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and children were not taught
based on government approved curriculum. These
private schools though deplorable were not even approved by Ghana Education
Service (GES), an agency in charge of monitoring schools on behalf of Government.
The private schools charged astronomical fees beyond the reach of migrants making it
difficult to send their wards to school. Some of the migrants with children interviewed
expressed serious concern of high fees charged by the private schools.
The Ghanaian constitution of 1992(Article 25), Free Compulsory Universal Basic
Education (FCUBE) policy, Children Act 560 and United Nations Millennium
Development Goals 2 (MDG) have all advocated for unimpeded universal access to
basic education and education must be made available to all children of school going
age. No Ghanaian child of school going age should be denied education by reason of
poverty or distance. It is the responsibility of the government and all interested stake
holders to provide equal access to basic education in fulfilment of the chapter 5 of the
constitution and millennium development goal two. Access to education is a right not
a privilege that all Ghanaian children are entitled to enjoy. Anything sort of this
constitutional injunction is a serious breach of the 1992 constitution especially articles
25(educational rights), 28(Children Rights), Children Act 560 section 87(No person
shall engage a child in exploitative labour) , the Convention on the Rights of the Child
(1989), Right to education (Article 28), African Charter on the Rights and Welfare of
the Child . Suffice to say, the Millennium Development Goal on education which
Ghana has subscribed enjoins the government to ensure that by 2015,”Children
everywhere, boys and girls alike would have universal access to education and should
be able to complete a full course of primary education”. Considering the situation at
Agbogbloshie and other adjoining slum communities that the migrants have found
themselves, the constitutional guarantees for basic education for all children in Ghana
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and other international basic rights of children is yet to realise. The situation at
Agbogbloshie, one of the study sites demonstrates the government failure to provide
universal access to basic education under the FCUBE programme and MDG 2. The
issues is that government collects tax from the porters, making their work and stay at
the slum look legal in some sort. If that is the case then the government needs to
provide basic social services like education for them to benefit from the taxes they pay.
Education is a key to personal development and has capacity to expose people to
opportunities for development through employment. The rights of migrants include the
right of their dependants or family.
5.1.6. Sexual harassment and rape
Sexual abuse such as forced sex through threats or physical force, harassment and rape
manifested in the research and some of the victims expressed their resentment about
the abuse which had been most common practices.
An interview with Mariama, Amama, Salamatu and Zinabu revealed scores of sexual
harassment and rape. Whilst some of respondents openly admitted having been victim
of sexual abuse and sexual exploitation, other respondents felt reluctant to talk about it
because of probably cultural antecedents and stigma attached to it. What were the
reasons behind this inhumane act?
Majority of kayayei interviewed slept in open environment such as verandas,
pavements, wooden sheds and market stalls which exposed them to sexual harassment
and rape. These living places did not have adequate security or maximum protection
for migrants. Kayayei are among urban poor and therefore cannot afford to rent decent
accommodation. Lack of proper accommodation made kayayei vulnerable to sexual
abuse, including rape resulting in unwanted pregnancies. Also, some of the victims of
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rape said, they were vulnerable to contracting sexually transmitted diseases like
HIV/AIDS, syphilis and gonorrhoea.
The result of this research supported the earlier studies by Opare (2003), Tanle
(2003), Awumbila (2007) and Yeboah (2008) findings that kayayei were subjected to
sexual harassment and were predisposed to reproductive health risks like HIV/AIDS
and other venereal diseases.
Sexual harassment constituted gender discrimination within the meaning of Article 17
of 1992 Constitution and Article 1 of CEDAW. Sexual harassment and rape is a form
of gender-based violence. Rape is a crime by law and amounts to some torture and
dehumanization.Migrant’s women have right to human dignity and for this reason,
sexual harassment and rape violated women’s right to human dignity. This state of
insecurity creates panic and fear among the kayayei. The lack of effective policing and
due diligence by the government to prevent, investigate or punish gender- based
violence and provide an effective remedy for women results in a situation where
violence goes largely unpunished.
5.1.7 Sexual and reproductive health vulnerability
A majority of female migrants I interviewed lived in poor housing condition. Poor
housing condition made migrant women highly vulnerable to risk of rape, unwanted
pregnancies and sexually transmitted diseases. Most of the respondents had
experienced rape or attempted rape on their lives. Salamatu for instance, was raped
which resulted in a child.
The problem associated with rape and sexual assault is the risk of contracting sexually
transmitted infections like HIV/AIDS, gonorrhoea and syphilis. What was revealed in
this study was that, almost all respondents did not know their HIV status and had not
been to hospital to check their status either.
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The other problem of rape and sexual assault was unwanted pregnancies like the case
of Salamatu whose pregnancy was as a result of rape. This study buttress finding of
Boaten (1999), that fifty percent of children born to the kayayei mothers in Korle Bu
Teaching Hospital were abandoned by their mothers for their inability to pay for
hospital bills.
5.1.8. Exploitation and exploitative working condition
The most serious right issues confronting the kayayei were the problems of labour
exploitation, and dangerous and demeaning working environment. Two respondents;
Felilatu and Memunatu complained of exploitation by their patrons or clients and close
relatives. The kayayei described their work as very exploitative. As quoted by
Memunatu, “We carry heavy loads yet owners of the loads do not appreciate our effort.
They pay us paltry fees for our services but because you have nobody to speak for you,
you accept it as it is.” “Sometimes when a head load is available, the owner insists on
allowing young girls among us to carry them. The idea is to cheat them because they
know an older girl would challenge them. You could carry a box of garden eggs to a
distance of two miles only to be given GH¢1 for the service”. Many kayayei reported
that they worked without having been paid the fee agreed upon or even without having
been paid at all. All the kayayei interviewed were working in the informal sector in the
city of Accra where exploitations were common practices. Apt and Grieco (1997), also
observed that kayayei they interviewed in Accra that customers exploited and abused
them by either refusing to pay them for services rendered or paid them less than the
agreed amount. Besides, clients insulted and threatened to beat the porters. This
patron-client relationship observed better explains the powerlessness status of porters.
Indeed, the lack of institutionalized means of demanding and enforcing appropriate fee
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for their services make porters very vulnerable particularly migrant porters.
Primarily, headporterage is an informal activity and
government does not have
absolute control over the informal sector of the Ghanaian economy. Characteristically,
the informal sectors do not operate according to Ghana employment regulations such
as concept of minimum wage, binding written contract, social security contribution,
time off and job security. The absence of minimum wage and monitoring mechanisms
predisposed kayayei to exploitation by their patrons.
Evidence from the interview with kayayei suggested, there was no acceptable and
organised way of charging the head loads. As a result, they did not have bargaining
power and thus settled for low fee no matter the distance and the weight of the load. In
view of this situation, patrons offered them any fee which sometimes did not
commensurate with the load. Sometimes, patrons refused to pay the agreed fees.
In the formal sector, employees enjoyed job security like minimum wage, social
security and protection from the national laws and more specifically Labour Act.
Migrants are employed in informal sector where employment or labour standards are
non-existent, non-applicable or simply not respected or enforced. Vulnerability to
exploitation and abuse is often exacerbated when new migrants could not speak either
English or local languages, unfamiliarity with local custom and culture, and lack of
networks for social support.
Lack of regulatory mechanisms like informal sector Labour Act exposed migrant to
exploitation in the forms of underpayment or non-payment of wages or fees.
5.1.9 Defrauding by “Susu” Collectors
Collective saving scheme remained largely popular way of accumulating capital for
businesses in the informal sector. The collective saving scheme were not only
patronised by migrants but traders and other market women as well. Majority of
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migrant women were involved in saving arrangement usually called susu. All the
respondents were engaged in susu saving as a means of providing security and also
capital accumulation. The Susu collectors are supposed to provide safe custody and
security of kayayei daily sales based on monthly commission . The collectors usually
went to their clients and collected the daily sales from the migrants.
Unfortunately, exploitation of migrant porters by Susu collectors is widespread in
informal sector. It was revealed that, migrant porters were mostly exploited by Susu
collectors who provided their clients with wrong addresses. The Susu collectors took
undue advantage of the vulnerabilities of the kayayei and ran away with their
accumulated savings. This result of this study is in line with Maxwell, Levin, ArmarKlemesu, Ruel, Morris & Ahiadeke (2000) study of porters in Accra which showed
that Susu collectors absconded with their clients’ money. During my first day of the
interview, a 15 years old kayayoo reported case where a Susu collector absconded with
her two years accumulated saving of Gh¢250.00. Due to this ugly spectacle, she could
not go back to the north as planned and that distorted her plans of learning a vocation.
She had to start all over again.
The susu collectors do not provide their clients with addresses and other security
measures to enable clients trace them for their monies. Again, susu business is
undertaken by individuals who are not properly registered under any association. In
the absence of these security measures, some miscreant susu collector defrauded their
clients. Under such circumstances, migrant porters lose their accumulated savings and
capital they had toiled for.
In spite of the high risk, kayayei continued to patronize the services of these informal
collective saving schemes and the reasons are not farfetched. The collective saving
schemes called susu do not require complex process of documentation and no
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minimum deposit required as required by formal banking institutions. Formal banking
has not reached out enough to large segment of informal sector especially migrant
porters. According to Yeboah (2008:170), the porters found convenient to save with
susu collectors because of lack of security and substandard housing. The Susu schemes
are more convenient and accessible but highly risky. Without proper legal regulatory
mechanisms governing susu collection, migrant porters would continue to remain
vulnerable to exploitation.
5.1.9.1 Female migrants (kayayei) working as Child labour
Ghanaian child is considered an adult at age of 18 under 1992 constitution. Similarly,
according to Children’s Act, (Act, 1998), the minimum age for formal and informal
employment is 15 years.
Ghana child labour survey (GLCS, 2003) of Ghana Statistical Service observed that
one-fifth of urban children of estimated 6.36 million children aged 15-17 years were
engaged in paid economic activity. A majority of these children were engaged in
activities described as Worst Forms of Child Labour (WFCL) including child domestic
work, fishing, small scale mining, head porterage (kayayei), child trafficking, street
hawking, commercial sexual exploitation, customary or ritual servitude, quarrying and
commercial agriculture. These activities affect the child’s school attendance, health
and the moral development. Children may have offered themselves for head porterage
but it was for any person to engage their services going by legal standards.
Some respondents of this research study age’s ranges from 14 to 17 years(Sadia14years, Zinabu-14years, Rashidatu-14years, Amama-15years, Salamatu-15years,
Zinatu-16years and Kudera-17years). Kaya business is a highly risky and paid
economic activity. Going by the description of Ghana Statistical Service (GCLS,
2003), kayayei are considered worst form of child labour. The kayayei work is
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excessive physical activity which a lot of energy and this strenuous work would affect
the proper development of the girl-child. The housing conditions and sexual abuse like
rape exposed kayayei to health hazards including contracting HIV/AIDS and other
infectious diseases. All the respondents said they experience back pains at nights and
this obviously had health implications for the kayayei. These activities could affect the
health and moral development of the kayayei. The findings in this research further
supports GCLS (2003), Nabila (2003) and Jawula (2010), which found that kayayei
activities were risky and worst form of child labour.
The factors that have accounted for the increasing child labour is poverty, irresponsible
parenting and peer influence (CSPS, 2006).
5.1.9.2 Housing rights;forced eviction and demolition of slums
Studies had shown that, in-migration accounted for 60% of rapid population growth in
Accra Metropolitan areas and this population growth had resulted in inadequate and
poor housing. The housing problems in Accra has resulted in creation of slums and
poor housing conditions (Nabila, 1988; Gyimah, 2001). Agbogbloshie popularly
known as Sodom and Gomorrah is one such largest community slum in Accra
attracting migrants from all over including kayayei from Ghana and her neighbouring
countries. An interview with kayayei indicated that, they had settled at Agbogbloshie
community because of ethnic kinship who had already settled there . The ethnic
kinships were very influential in determining urban poor choice of place to live. Some
of respondents chose to stay initially with their kinships because they could be assisted
to find job and provided with education to adjust with urban life which appeared
completely different from home environment.
According to Amnesty International Report (2011.p7), Africa slums and informal
settlements lacked basic social services like clean water, health care, education and
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effective security. The situation of migrant communities in Accra, the national capital
is no exception. Similarly, my observation in Agbogbloshie showed the community
was deprived of social services such as portable water, health facilities, public schools,
sanitation and inadequate policing. The Lack of access to clean water and proper
sanitation, often led to outbreak of waterborne diseases like cholera.
Human encumberance was a problem of Agbogbloshie slum dwellers. Human
encumberance was condition where slum dwellers were perceived as burden to the
society. As a result, slum dwellers were always under constant threat of forced
eviction. According to a survey of women living in slums in six cities around the world
carried out by the Centre on Housing Rights and Evictions identified violence against
women as “rampant” in slums (COHRE, 2008, p. 14). In Ghana, the situation is no
different as vast majority of women living in slum in Accra experienced violence
eviction by city authorities. The vast majority of people living in settlements or slums
considered “illegal” or “irregular” by governments or city authorities had limited or no
security of tenure and were extremely vulnerable to forced evictions. The study
revealed that, migrants who were living in Agbogbloshie slum were evicted without
adequate notice and their rights of people living in the slums were not respected. The
victims of adhoc demolition exercise were usually not provided with resettlement
package or rehabitation.
In this research, some respondents (Memunatu, Zuwera and Zinatu) who lived in
Agbogbloshie slum had suffered forced eviction programme which resulted in abuse
of their rights as Ghanaian citizens.
Respondents lost their homes, livelihoods,
possessions and social network through the forced eviction exercises. My visit to
Agbogbloshie slum showed that scores of migrants who were rendered homeless and
destitute were not offered compensation or alternative accommodation. At the time of
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my visit, some make-shift structures were still earmarked for the next round of
demolition by the AMA authorities. Scores of structures were earmarked for
destruction in spite of Amnesty International warning of local authorities to respect the
rights of slum dwellers. Respondents said that, the eviction exercises were carried out
without prior consultation, adequate notice and alternative shelter. These mass
evictions were done in the name of Accra city redevelopment programme and
beautification of the Accra as millennium city.
The effects of forced evictions could be catastrophic, particularly for people who are
already living in poverty. Forced evictions result not only in people losing their homes,
neighbourhoods and personal possessions, but also lead to fractures of social networks
and communities. Homelessness of kayayei exposed them to the vagaries of the
weather and other attacks from thieves and snakes at night. Worst of it all, during
periods of extreme temperatures, these migrant porters and their children are exposed
to the severe weather conditions without any shelter to protect them. The women
expressed concern about rainy nights when they could not find shelter but had to sleep
in the rain, wet, and cold.
It is obvious from the study that the forced eviction of slums dwellers did not conform
to the Amnesty International Standards of treating slums squatters and other UN
Habitat regulations. Article 25 of the Universal Declaration of Human Rights which
Ghana is a signatory stated that, “everyone has rights to a standard of living adequate
for health and well being of himself of his family, including food, clothing, housing
medical care and other social services among others”. The arbitrary and reckless
handling of eviction and demolition exercises by the AMA authorities’ indicated how
vulnerable and precarious lives of urban poor including migrant kayayei were violated.
.
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My fieldwork experience, particularly Agbogbloshie, indicated that the process of
demolition exercise was ad hoc, not transparent and often based on the whims and
caprices of AMA Authorities. The residents were usually not given the prior notice of
eviction. The Authorities also trampled upon the rights of the slums dwellers and
moreover they did not give enough notices before embarking on the demolition
exercise. While appreciating the need for city officials to plan the city, they must
handle such eviction exercises with great care without abusing the rights of urban poor
particularly migrant porters. Dispossessing kayayei of their sources of livelihoods
could be interpreted to meaning depriving them of their right to life as enshrined in
article 13(protection of Right to Life) of the 1992 constitution of Republic of Ghana.
Ghana has committed to United Nations Millennium Development Goal (MDG) from
2000 to 2015.
Particularly of interest and crucial to this study is Millennium
Development Goal 7 which aims at improving the lives of people living in slums.
However, what MDG7 does not include was slums dwellers right to participate in slum
upgrading programmes. In meeting this target, government must first satisfy conditions
for the right to adequate housing as stated in article 11(1) of ICESCR which include 1)
legal security of tenure; 2) availability of services, materials, facilities and
infrastructure; 3) location; 4) habitability; 5) affordability; 6) accessibility; and 7)
cultural adequacy. According to International Journal of Human Right (2010:69)
governments must “respect the right to adequate housing by stopping and preventing
forced evictions of people living in slums, including enacting laws and policies to
guarantee secure tenure. They must protect the right to adequate housing, including
ensuring protection against forced evictions and harassment by landlords and other
private actors – including extending protections in rental and housing legislation to
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people living in slums to enable them to challenge disproportionate rents and
discrimination by private actors”.
The 1992 Constitution (Article 20) says where it becomes necessity for the state to take
possession or acquisition of property of any description in the interest of defence,
public safety, public order, public morality, public health, town and country planning
or development or utilization of property in such a manner as to promote public
benefit, the state shall make provision for the prompt payment of fair and adequate
compensation to resettle displaced persons for their economic well-being. Obviously,
AMA did not compensate or provide alternate accommodation for the respondents as
victims of demolition exercise.
5.2. Female Migrants (Kayayei) Level of Awareness of Abuse of Their Rights
Here, the question was asked to determine whether kayayei knew that their rights as
Ghanaian citizens were being abused or violated with impunity.
The results from the interview with kayayei showed mixed responses. The study
revealed that majority of kayayei were not aware of the abuse of their fundamental
human rights as contained in the 1992 constitution of Ghana. Respondents who did not
know that their rights were being abused attributed their ignorance to their lack of
formal education and demeaning nature of their work. Moreover, some of the
respondents considered what could be described as abuse of right as normal with
urban environment.
Few kayayei on the other hand, with small level of education demonstrated basic
understanding of abuse of their rights but had only remained helpless because they
thought there was no one to support them.
The educational level of an individual shapes his or her level of understanding of what
goes around his or her environment. The responses of the two interviewees confirmed
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the importance of education in understanding human rights abuse. From the data
presented, majority of migrants have never attended formal education. Education is
most effective means of fighting poverty and reducing vulnerability and human rights
abuses in any society. Ghana government, in recognition of importance of education in
human development introduced Free Compulsory Universal Basic Education (FCUBE)
and Capitation Grant to make education accessible without barriers. However, these
policies seem to be failing because of additional cost associated with education and
poverty. Nonetheless, the main barriers to access and full participation of children in
education are cost of learning materials, parent Teacher Association (PTA) dues, cost
of post primary education, geographic distance and poverty. The poor households are
unable to complete full course of education. In this study, a few of respondents who
went to school could not complete schooling because of poverty at home. Arguably,
people with some level of education could be better position to conceptualise and
understand what constitute human rights abuses than those who have not been to
school.
Clearly, kayayei might know that their rights were abused but as vulnerable segment
of population in the urban environment they remained helpless. Since, kayayei
activities fell under the informal sector of the Ghanaian economy, a sector
characterised with a complete lack of human rights protection measures as well as
labour laws, they were more exposed to all manner of abuses and vulnerabilities.
5.3. Female migrants (Kayayei) Level of Awareness of Human Rights Protection
Mechanisms Available to Ghanaian Citizens
Respondents provided varied responses about their knowledge of human rights
measures available to them as Ghanaian citizens. Some of the kayayei interviewed
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revealed that they were aware of some human rights institutions particularly Domestic
Violence and Victims Support Unit (DOVVSU) of Ghana Police Service.
Contrary, some of the kayayei demonstrated a complete ignorant of human rights
measures available to them as Ghanaians. Some of the kayayei interviewed revealed
that their lack of education had had negative impact on their lives in the city.
Moreover, on their arrival in the city nobody educated them about where to go should
they get a problem?
Ghana is a constitutional democratic state with a number of human rights protection
measures. Among these are Commission on Human Rights and Administrative Justice
(CHRAJ), the Courts systems, the Police Service/Domestic Violence and Victim
Support Unit (DOVVSU), the Legal Aid Board (LAB) and the Department of Social
Welfare (DSW), all established under the constitution with the mandate of protecting
the rights of Ghanaian citizens and to ensure the culture of respect for human rights of
all Ghanaian citizens regardless of your economic status. Also, available are Human
Rights Non-governmental Organisations like Amnesty International (AI), UN Human
Rights systems, Human Rights Watch (HRW) and many more. These non state
organisations also provided platform for the protection and promotion of human rights.
Responses of some respondents clearly showed that, they were only familiar with
Police and or Domestic Violence Victim Support Unit (DOVVSU). Obviously the
police institution is more ubiquitous, more visible and readily accessible to all
Ghanaian citizens including kayayei. Kayayei appear to have little information or are
unaware of other human rights institutions like CHRAJ which is constitutionally
mandated to investigate human rights abuses of all Ghanaians under article 216 of the
1992 constitution. What is clear is that, except CHRAJ, all other institutions mentioned
above are quasi-human rights institutions. The public education unit of the CHRAJ has
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a lot of work to do in educating public especially vulnerable group like kayayei about
the activities of the commission notwithstanding the budgetary constraints.
Again, some respondents did not know and were unaware of human rights protection
measures available to Ghanaians. This, they attributed it to their lack of formal
education. This supports Yeboah (2008) study which showed that 83% did not have
formal education.
It had also revealed that kayayei found it convenient discussing abuse of their rights
with friends and relatives.
5.4. Access to Human Right Protection Measures
Every Ghanaian citizen irrespective of your economic background should be able to
access justice from state human rights institutions particularly the Commission on
Human Right and Administrative Justice (CHRAJ) free of charge. The CHRAJ was
established by an Act of parliament by taxpayers’ money to provide access to human
rights protection.
The responses to the research question were mixed. A few respondents acknowledged
that they had accessed the services of Ghana police service/ Domestic Violence Victim
Support Unit (DOVVSU) satisfactorily. Two respondents (Felilatu and Salamatu)
demonstrated that they had access to human rights protection. Felilatu, one of the
research respondents indicated that she reported case of stolen money to Kantamanto
Police station and police conducted their own investigations and retrieved the money
for her without paying for the services provided. Similarly, Salamatu a single mother
and a victim of rape also said that, she sent her child to the Department of Social
Welfare for assistance to take care of the child whose father could not be traced. The
department offered her some respite but she refused on grounds that she did not want
the child to be sent to the children’s home.
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On the other hand, the responses from Memunatu and Kudera suggested that, they did
not have access to human rights protection. Their inability to access human rights
protection was due to lack of money and time to seek redress of the abuse of their
human rights. According to Memunatu, she sought for remedies on different occasions,
one from the Accra Metropolitan Assembly for the demolition of her properties and the
other from the police for a case of theft. The AMA denied her compensation for the
damage of her personal properties and assault by the AMA demolition taskforce. She
was not even given fair hearing. On the other case, she could not pursue the theft case
because the police was demanding for money which she could not readily provide.
The statement above showed apparent mistrust between the kayayei and police. This
further reinforces the general perception that, the police institution is corrupt and the
apparently general lack of confidence in the police.
CHRAJ, as pro-poor human rights institution with a sole mandate of protecting the
rights of every citizen is not visible enough to the vulnerable segment of population in
the informal sector where labour laws do not adequately covere.
The court system is highly monetised which is not favourably predisposed to the poor
like kayayei to resort. Access to justice in the court depend largely on good lawyer and
migrants as low income earners cannot afford to hire the services of good lawyers to
defend them.
Generally, it appears the state does not guarantee the informal sector workers basic
access to protection and freedom to operate without infraction of their right by other
people. Patrons of kayayei services capitalize on their ignorance and abuse them with
impunity.
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5.5 Conclusion
It is very important to note that trafficking of women to practice porterage takes place
under cunning situations. They come to Accra to work under difficult circumstances.
They lack access to quality healthcare, education and cannot afford three square meals
a daily. They are insulted, raped, and go through psychological trauma. It is refreshing
to note that some head porters are aware of their rights and can seek redress. When
encouraged, the head porters can make meaning out of a difficult situation of their
lives. Above all, therefore, there is an urgent need for effective legal regulation of
their employment, and the implementation of measures to ensure that these migrant
porters will be able to effectively claim their rights.
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CHAPTER SIX
SUMMARY OF FINDINGS, CONCLUSIONS AND RECOMMENDATIONS
6.1 Summary of Findings and Conclusions
The main purpose of this study was to investigate the human rights abuse and the
vulnerability of the female migrant porters (Kayayei) in the informal sector of
Ghanaian economy in Accra. Four research objectives and four research questions
were formulated to achieve the purpose of the research. Eleven respondents were
interviewed through purposive sampling of non-probability sampling technique. This
research was carried out in three study areas of Agbogbloshie, Makola market and
Tema lorry station, all in Central Business District (CBD) of Accra.
It is quite clear from secondary literature though not the focus of this research that
northern women migrated to Accra in search of a better livelihood for themselves and
their families. The north out-migration was a result of extremely excruciating poverty,
protracted ethnic conflicts and out-moded socio-cultural practices ( Nabila, 1975;
Songsore, 2003; Opare, 2003; Tanle, 2003; Yeboah, 2008).
Desperate to earn their livelihoods in the city of Accra, kayayei come to face with
human rights violations and vulnerabilities. The following human rights abuses were
identified. First the female migrants’ right to life were not adequately protected. The
head porterage is highly risky. Most times migrants life seem to be threatened through
car accident as a result of competition with moving vehicles to secure head loads. The
constitutional guarantee of every Ghanaian right to life regardless of ethnic origin
seem to be violated with impunity. Secondly the migrants were more prone to gender
specific form of violence like rape at night. Evidence indicated that migrants did not
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have shelter for sleep after their daily work. They slept on the pavement and other
substandard accommodation thus exposing them to rape by unknown criminals. Every
Ghanaian citizen including female migrants from northern Ghana has right to human
dignity as enshrined in the 1992 constitution of Ghana. Any act of rape is against the
migrants’ right to human dignity. Also, female migrants in the city of Accra were
exploited by their patrons, Susu collectors and sometimes relatives who offer them the
needed assistance. The customers who patronized migrant labourers either refused to
pay or underpay them thus denying migrants’ right to earn wages commensurate with
their labour as stated in the Labour Act. The evidence from the research showed that
the migrants were subjected to both psychological and physical abuses. The
psychological abuse included diatribe, insults, yelling or taunting and false
accusations. On the other hand physical forms of abuse experienced were beatings,
xenophobic attacks and seizure of head pans which were being used to carry wares.
Another significant finding which showed apparent violation of migrants’ rights was
forced eviction of migrants from both living places and areas of operation by AMA
taskforce. It was found that most migrants lived and worked in areas considered as
slums and illegal settlement. As a result, city guards carried out evictions and
demolition exercises without human face. Sometimes, such evictions were carried out
without enough notice to the migrants. Consequently they lose their livelihoods and
properties. As required by Amnesty International, a global human rights
watch,Government is responsible to relocate its citizens living in slums by providing
alternate housing or shelter but not to inflict further pain on this vulnerable segment of
population.
Also, the research revealed, some of the female migrant porters (kayayei) were
ignorant of their right to human right protection measures available to Ghana citizens
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and thus could not enforce their rights. As noted in chapter four ,the migrants’ levels
of education were very low either being school drop-out or no formal education at all.
The migrants’ low level of education played into their inability to seek for their
protection of their rights. Only two respondents out of eleven demonstrated some sort
of knowledge of human rights protection available to Ghanaians by reporting to
appropriate institution for redress. Apparently some did not even know human rights
institutions in Ghana mandated to protect human rights of Ghanaians.
Finally, a few respondents had access to human rights protections and four respondents
on the other hand were aware of what constituted human rights abuse.
6.2 Conclusion
In conclusion, this research identified various forms of human rights abuses that
female migrant porters go through. Among them are occupational hazards like
vehicular accidents resulting death, human trafficking, hostility and discrimination,
physical assaults, verbal and psychological abuse, lack of access to basic education by
migrants children, sexual harassment and rape, exploitation, thievery among others.
Migrants’ knowledge about their human rights was very limited and did not know
where to seek redress of violations of their right. Human right institutions appeared far
removed from the informal sector workers where abuse of rights is more prevalent and
pervasive.
6.3 Recommendations for policy consideration
Ministry of Women and Children Affair should educate female migrants on
reproductive and health rights to reduce exposure to health risks. Migrants must be
encouraged to register with National Health Insurance Scheme to access health at
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proper health facilities instead of resorting to self-medication. Also, the ministry
should laise with relevant bodies to organise skill training for migrant porters to
engage in better and sustainable small scale businesses.
Government and relevant stakeholders must Mobilize Resources to address NorthSouth spatial development gap which has been driving force for northern outmigration. Savanna Accelerated Development Authority (SADA) should be directed
towards the attainment of the anti-poverty objectives of the UN millennium goals,
outlines a range of developmental policies towards the eradication of poverty in
Northern Ghana especially job creation in the area of agriculture to attract the youth to
stay without migrating to the south to finding non-exiting jobs creating more social
problems. Government must demonstrate strong political will to halt the widening gap
via good governance, investment and proper implementation of SADA programme.
Commission on Human Right and Administrative Justice (CHRAJ) and other relevant
human rights institutions like Department of Social Welfare (DSW), Domestic Violent
and Victims Support Unit (DOVVSU), Legal Aid Board (LAB) must resourced well to
reach out in the informal sector by investigating human rights abuse and embark on
public education on right and responsibilities of Ghanaian citizens especially the
vulnerable like kayayei. The Public Education Department of CHRAJ should focus on
educating the vulnerable about their rights and where they could fall on for protection.
All relevant stakeholders in education; Ministry of Education, Ghana Education
Service and NGOs in education should collaborate to address the school drop-out
syndrome and education of girl-child. The study identified that some of the
respondents were school drop out as a result of poverty. Government interventions in
education are still inadequate and parents or guardians continued to pay additional fees
associated with schooling. Parents or guardians incur cost of PTA levy, extra-classes,
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children transportation and cost of learning materials.
Parents who do not have
economic means of financing their children’s education will result in school dropouts.
Achieving universal education meant that government should absorb full cost of
education making education more accessible to all children of school going age to
complete full course of basic education.
Accra Metropolitan Assembly (AMA) must conduct demolition exercise with human
face. My experience at the field showed that there was no clear cut policies of
demolition , resettlement and rehabitation of the victims of demolition exercise. The
process of demolition was adhoc, not transparent and often based on the whims and
caprices of AMA demolition team. Amnesty International Guidelines for evicting slum
dwellers must adhere to, to ensure respect of the rights of migrants . This would help
minimize human rights violations often characterised with the eviction and demolition
exercises.
Ghana Labour Commission must extend the labour Act 2003 (Act 651) to cover the
informal sector to minimize unfair labour practices. Institutionalization of minimum
wage and appropriate price mechanisms in the informal sector would reduce
exploitation.
Government and Civil Society Organisations (CSO) must set up vocational and
apprentice training centres to train migrant porter on a more rewarding means of
livelihoods. Graduates from these vocation training centres must be encouraged to
voluntarily go back to the north and be assisted with start-up capital to establish their
own enterprises.
Finally, migrants should be shown where to report the abuse of their human rights
particularly police station, CHRAJ and Legal Aid Board. The human rights institutions
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must ensure that migrant porters are able to obtain legal redress for violations, and
know how to access this legal redress.
6.3 Suggestions for future research
It is imperative to note that this study was purely qualitative which captured female
migrants life experiences of working as migrant porters (kayayei) in the central
business district of Accra. It is hoped that the results of this present study will inform
future research in this area. The results of this study provided evidence that female
migrant porters suffered various degrees of human rights abuse and their
understanding of and access to human rights protection were limited. Futher larger
qualitative studies that seek to investigate human rights abuse of migrants are greatly
needed. Again, a singular study on human trafficking of migrants is needed to bring to
policy makers attention. Such studies will further enhance our understanding of human
rights abuse of migrants and also serve as basic literature for future researchers on
human rights of female migrant porters.
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APPENDIX A
SEMI-STRUCTURE INTERVIEW GUIDE
The information being sought from you is purely for the purpose of this research and
the information provided will be kept confidential. Your name will not be attached to
the description of this study by the researcher. You do not have to provide information
you are not comfortable with. Thank you!
BACKGROUND INFORMATION
1.Age…………………………………………………………………………………
2. Number of children………A. None  B. 1-3 C 4-7 D Others
(specify)……………………
3. Religion…………A Christian 
B Muslim
C Traditional
D Others
(specify)………
4. Educational status….A None
5. Ethnic group……A Frafra
B Basic
C SHS 
B Dagomba 
D others (specify)…
C Dagaati 
D others
(specify)……..
6. Marital Status…….A single
B married 
7. Are your children attending school? A Yes 
C.Divorced 
D Separated
B No 
8. If no ,any reasons for the child not attending school? 
9. What kind of work are you engage in? A Head Porterage 
work.
126
B Domestic
HOUSING AND LIVING CONDITIONS
1. What types of housing do live in?
1 room compound house………………………………………….
Kiosk……………………………………………………………..
On veranda……………………………………………………….
On market stall/ open pavement……………………………………
None……………………………………………………………….
Other (specify)……………………………………………………
2. What facilities are available in your house or community (Tick as many as
apply)
Public borehole……………
well water……………………..
Pit toilet in house…………
public toilet……………………
Free range…………………
electricity……………………..
3. Can you describe your impress about your house?.............................................
…………………………………………………………………
HEALTH RELATED
1. Have you registered with National Health Insurance Scheme (NHIS)? A Yes
B No C.Not sure
2. Which health services do you access?
Private clinic………………….
Public hospital………………………………
Traditional Healer…………….. Druggist/ self medication……………………
Other (specify)……………….
127
WORK PLACES
1. Was coming to Accra involved an agent? A Yes
B No C.Not sure
2. Did you receive any orientation prior to taking up this job? A Yes 
B
No.C. Not sure
3. Where do you operate in Accra?
Makola………………………….
Tema station……………………………
Kantanmanto market……………
Agbogbloshie market…………………
CMB……………………………..
Malam
Atta
Market……………………………..
4. Will mind telling me how much you earn in a day? Ghc………………………
5. How do you price your load?
Weight……………. Distance…………...
product type…………..
6. Do you have fixed prices that all of immigrants agree upon? A Yes
B
NoC.Not sure
7. Who are your clients? ....................................................................................
8. How many hours do you work in a day?
Up to 5hours…………..
6-10hour…………. 10-15hours………. More
than 15hours……….
9. How many days do you work in a week? 1-5days………….. 5-7days……….
10. Apart
from
this
work,
what
any
other
work
do
..............................................
RIGHTS OF MIGRANTS AND OTHER RELATED ISSUES
1. Which of these abuses listed below have you experienced before?
128
you
do?
Physical assault…………………… Yes……No………..Not sure
If yes what form………………………………………………………………
Verbal abuse/humiliation…………..yes…….No……… Not sure
If yes, what form does it take……………………………………………………
Gender discrimination……………..Yes…… No…….Not sure
If yes, in what form………………………………………………………………
Dangerous and degrading working conditions……….Yes….. No…..Not sure
If yes, what form…………………………………………………………………
Financial
exploitation………………………………….Yes……
No……Not
sure………
If yes, which people? ...........................................................................................
Sexual harassment……………………………………Yes…… No………Not
sure…..
If yes, what form? ................................................................................................
Clients’ non-payment of fee agreed upon…………………Yes…… No……Not
sure……
Extortion
of
money
by
City
Officials……………………..Yes…….
No……….Not sure
Harassment
by
Accra
Metropolitan.
Assembly
officials………….Yes……..NO……….Not sure……………………………
Forced
eviction
from
living
quarters
or
stigmatized
due
working
places……Yes……..No………Not sure
Do
you
feel
marginalized
and
to
ethnicity……Yes……No…Not sure……..
1. Which people are worst offenders of the abuses perpetuated against you?
129
your
Women clients…………..
Men clients………………………
Relatives………………..
City officials…………………
Other (specify)………………………………………………………………..
2. What do you think has exposed you to or make you experience the human right
abuses above?.
(a) Lack of basic education……….Yes…….No……..Not sure………………
(b) Lack
of
other
means
of
livelihood….Yes……No…..Not
sure……………………..
(c) Poor pay for work done……………Yes…….No…..Not sure……………
(d) Lack of residence……………………Yes……..No….Not sure……………
3.
Have ever reported human right abuses? How frequently have you reported
human right abuses…….sometimes…………..always……….never…………
4. When you are abused, where do you
Youreport
go to?. ..................................................
Relatives……………………….
Friends…………………………………
CHRAJ/Ombudsman………
Police/ DOVVSU………………………
Social Welfare Department……
Court……………………………
NGO…………………………
The Press…………………………
City Guards………………..
Legal Aid Board………………………
others (please specify) (1)…………….(2)……………….(3)…………………
5. How much does it cost you to access the services of any of the agencies to get
attention for wrongdoing you suffered while working ? ......................................
130
8a. Are you satisfied with the services any of them provided for you in protecting
your right(s)?
A. Yes B. NO 
C.Not sure
8b. If no, why (please explain in details)? ........................................................
9. Have you join any association to enable you continue working or enjoying some
services whiles working? (specify them please)………………………….
10. If you have your way, will you like to stop the work you are doing now in
Accra? A.Yes B.No C. Not sure
11. If yes, what kind of help from anybody or government do you require to change
your job? ............................................................
12. If no, what would you like any agencies or government or good spirited
Ghanaian to do for you to enable you make more money and enjoy your
work?..................................................
Thanks for your participation in my research
131
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