Protests are a fundamental aspect of any democratic society. They provide a platform for individuals and groups to express grievances, demand accountability, and influence public policy. However, in Ghana, recent protests like “Fix the Country” and “The Fight Against Illegal Mining (Galamsey)” have highlighted a growing tension between citizens exercising their right to protest and the state’s efforts to maintain control through various means, often infringing on individual liberties. As a libertarian think tank, we focus on the intersection of state authority and personal freedoms, and this dilemma poses critical questions for Ghana’s democracy.
The Role of Protests in a Free Society
Protests serve as a tool for people to make their voices heard, especially when institutional channels seem insufficient or indifferent to their needs. In recent years, protests like the “Fix the Country” movement have drawn attention to the poor state of infrastructure, unemployment, rising cost of living, and overall dissatisfaction with governance. Similarly, the “Galamsey” Demonstration aimed to address environmental degradation caused by illegal mining and the government’s failure to enforce laws against the practice. These protests underscore the frustration of citizens with governance and highlight their demand for accountability.
The State’s Tactical Delay of Protests
In both “Fix the Country” and “Galamsey” protests, the police resorted to legal and procedural tactics to delay demonstrations. One such tactic was sending the case to court to obtain injunctions that halted or restricted the protests. The police’s argument often hinged on security concerns, claiming that the protests could turn violent or disrupt public order. However, this approach raises significant questions.
Is the state genuinely concerned about the safety of citizens, or are these delays mechanisms to stifle dissent? In a free society, peaceful protests must be protected, and using the court system to delay or obstruct protests infringes upon the right of citizens to freely assemble and express their dissatisfaction. According to a protester who spoke to Joy News’ PM Express, the police’s approach to securing an ex-parte injunction just 2 days before a scheduled protest despite receiving prior notice months in advance creates significant frustration and is viewed as a calculated move to diminish the legitimacy and impact of public demonstrations.
Security Risks or Convenient Excuses?
Another common reason cited by the police to restrict protests is the designation of certain areas as “security risk zones.” For example, during the Democracy Hub’s demonstration, demonstrators were denied access to areas near the Jubilee House, with authorities citing heightened security concerns.
While it is understandable that sensitive areas need protection, the selective enforcement of these restrictions often appears arbitrary and excessive. Speaking to Starr FM lawyer and senior member of the Convention People’s Party (CPP), Kwame Jantuah, strongly criticized the Ghana Police Service for their approach to managing demonstrations. According to him, the designation of areas like the Jubilee House and the Bank of Ghana as restricted zones for protests raises questions about the consistency and logic of such security measures. “What do they mean by security area? Right now, cars are passing in front of Flagstaff House. Do you know what is in a car passing by? Do you know what kind of terrorist is in a car passing by? Do you know what car passing by has a bomb in it that can be ignited? And you tell me it’s a security zone. If it’s truly a security zone, you shouldn’t allow anyone to pass through,” Jantuah argued. His remarks highlight the frustration and sense of injustice that often arise when security concerns are used as a blanket justification to suppress peaceful protests, thereby undermining citizens’ rights to express their grievances.
The Unlawful Arrest and Infringement on Individual Liberties
One of the most troubling aspects of recent protests in Ghana has been the unlawful arrest and treatment of demonstrators. Reports indicate that some protesters were detained without just cause, denied access to legal representation, and remanded for extended periods without bail. These actions are not just unlawful; they are a direct violation of individual liberties.
During an interview on Onua TV, Felicity, a participant in the “Stop Galamsey Now” demonstration, shared troubling experiences regarding her treatment by law enforcement. She recounted being denied access to legal representation, having her phone confiscated and held for 10 days—during which it was searched without a warrant—and being remanded in police custody for 17 days. Felicity further described deplorable conditions at the Batsona Police Station, where she was detained in a cell with a toilet that had reportedly been clogged for four months. Her account raises serious concerns about the treatment of protesters and adherence to basic legal and human rights protections.
When protesters are arrested and denied their rights, it reflects an abuse of state power. The arbitrary extension of remand periods, sometimes beyond what is legally permissible, highlights the state’s willingness to bypass legal processes to suppress dissent. Such actions create a chilling effect, discouraging future protests and eroding the public’s trust in the rule of law.
Conclusion
Delaying protests through legal injunctions, denying access to key areas, unlawfully arresting demonstrators, and disregarding their legal rights are clear infringements on the individual liberties of citizens. In a free society, the state must protect the rights of individuals to assemble, protest, and seek redress for grievances freely. When the state overreaches, using force and legal maneuvering to suppress protests, it undermines the very principles of liberty and democracy. In Ghana, where these tactics have become increasingly common under the current government, it is crucial to address these concerns and ensure that the state respects the rights of its citizens. The right to protest is the cornerstone of a free and open society. Any actions by the state to suppress this freedom should be viewed with great suspicion.
Article by
Richard Nyarko
He is a dedicated geographer and a social change advocate with a keen interest in poverty alleviation. He serves as a volunteer policy scholar at YAFO Institute, where he leverages his spatial understanding to advocate for solutions that address global challenges. He is an alumnus of KNUST and is a Local Coordinator for the African Student for Liberty Chapter in Ghana, inspiring young people to become agents of positive change and create a more free and equitable society. He is also a beneficiary of YAFO Institute’s Working with Web3 project and actively participates in the Cardano Project Catalyst, a blockchain community.
