Canvasopedia

Amnesty International (AI-Ghana) and the Centre on Housing Rights and Evictions (COHRE) have kicked against plans by the Accra Metropolitan Assembly to forcibly evict more than 40,000 people leaving in a slum of Accra, popularly called 'Sodom and Gomorrah."
The slum is a melting pot of various ethnic groups, with majority of them coming from the three northern regions. It has also gained notoriety for violence and crime. A recent bloody clash between supporters of the ruling National Democratic Congress (NDC) and the National Patriotic Party (NPP) left four people dead.
The latest violence sparked another round of plans to evict the residents, but AI-Ghana and COHRE in a petition to President John Evans Atta Mills copied to relevant ministries and agencies say they are deeply concerned about the threatened forced eviction of more than 40,000 residents.

According to the Daily Graphic's front page story of 4 September 2009 titled "Time up: Sodom and Gomorrah must go" the settlement has been viewed by the government as a risk to national security and the government has taken a firm decision to evict the more than 40,000 dwellers without any form of compensation or relocation.
The report also quoted the Greater Accra Regional Minister, Mr. Nii Armah Ashietey as saying that 'we will not allow an illegal activity to become legal. It is a huge problem and we will take the bull by the horn." Mr. Ashietey was also quoted as saying that "we in government , REGSEC and the AMA will be doing the citizens of this country a lot of good by tackling this problem without fear or favour".
AI-Ghana and COHRE recall that in the 18 July, 2009 edition of the Daily Graphic it was reported that Old Fadama 'will be no more by next December' as the AMA had concluded plans to relocate residents of Old Fadama to a new site at Adzen Kotoku in Ga West. The report quoted the Director of the Metro Public Health Department of the AMA, Dr Simpson Boateng as admitting that the new site at Adzen Kotoku could not accommodate all 'the squatters at Sodom and Gomorrah' and also said that the government was not under any obligation to relocate the squatters.
"We respectfully remind the government of Ghana that according to Article 11 of the International Covenant on Economic, Social and Cultural Rights (ICESCR), as it is interpreted in General Comment No 7 of 1997, for forced evictions or relocations to be considered as lawful, they may only occur in very exceptional circumstances and all feasible alternatives must be explored. If and only if such exceptional circumstances exist and there are no feasible alternatives, can evictions be deemed justified."
The two human rights institutions argue that regardless of whether the evictions are justified, affected persons must have access to appropriate procedural protection and due process must follow. "The Government of Ghana is a party to the ICESCR and as such, it is bound to respect, protect and fulfil its provisions at all levels of government."
They further argue that the UN Basic Principles and Guidelines on Development-Based Evictions and Displacement, which address human rights implications of development-linked evictions and related displacement in urban and rural areas, require that States must ensure that evictions only occur in exceptional circumstances, and must give priority to exploring strategies that minimise displacement. Section 32 states that "comprehensive and holistic impact assessments should be carried out prior to the initiation of any project that could result in development-based eviction and displacement, with a view to securing fully the human rights of all potentially affected persons, groups and communities, including their protection against forced evictions. 'Eviction impact' assessment should also include exploration of alternatives and strategies for minimizing harm."
Moreover, section 37 states that urban or rural planning and development processes should involve all those likely to be affected, with section 38 requiring that "all potentially affected groups and persons, including women, indigenous peoples and persons with disabilities, as well as others working on behalf of the affected, have the right to relevant information, full consultation and participation throughout the entire process, and to propose alternatives that authorities should duly consider."
AI-Ghana and COHRE say judging from the position taken by the Regional Minister and the AMA the threatened forced eviction of residents of Old Fadama falls far short of international norms governing forced evictions. "There is no evidence of adequate notice or information being given to the potential evictees or genuine consultation taking place."
Small wonder that the residents have taken the Accra Metropolitan Assembly to court and according AI and COHRE the resort to court by the residents of Sodom and Gomorrah is hardly surprising, since Ghana's domestic laws do not currently afford adequate protection against forced evictions. Neither do the laws guarantee the right to adequate housing for Ghanaians.
In the view of AI and COHRE the government has failed or refused to lay the International Covenant on Economic, Social and Cultural Rights (ICESCR) before Parliament for ratification which would effectively enable anyone challenging instances of forced evictions in the domestic courts to rely on international human rights law.
"We also wish to draw the attention of the government to its avowed commitment to slum upgrading as spelt out in page 85 of its 2008 Manifesto titled, A better Ghana. Investing in People, Jobs and the Economy. It states that:
Slum existence is the result of rural-urban migration, limited supply of land and regulatory frameworks that fail to address the needs of the urban poor. The NDC, as a party with strong support in slums and in sprawling shanty towns, including the ?"Zongos," will adopt an "upgrading in-place" approach consisting of improving the existing infrastructure and facilities up to satisfactory standards including addressing issues relating to tenure. This will minimise destruction of the social and economic lives of the communities and retain community networks and the social capital on which they endure. It is humane and in full accord with our commitment to Social Democracy in which people come first. (emphasis added)
"We are deeply concerned that if the eviction were to proceed without due regard to internationally accepted guidelines or the commitment in the 2008 Manifesto, a vicious cycle of forced evictions would ensue with poor people being the repeated losers. Evicting residents of Old Fadama without adequate alternative accommodation would force them to set up informally elsewhere with the real possibility that sooner or later they will be re-evicted."
In light of this, COHRE and AI-Ghana urge the government to immediately:
- direct the AMA to issue a statement announcing the cessation of all plans to forcefully;
evict people from the informal settlement of Old Fadama a.k.a. Sodom and Gomorrah;
- direct the AMA to commence a process of genuine consultation with the residents of Old Fadama and provide adequate notice to affected persons;
- direct the AMA to provide adequate alternative accommodation for every resident of Old Fadama who cannot afford it, prior to carrying out any eviction;
- lay the ICESCR before parliament for ratification in compliance with the constitution and
- take steps to adopt a clear policy on the relocation of people dwelling in informal settlements based on respect for their basic human rights.