subjected to direct threats and abuse due to their perceived political affiliation.The Committee is particularly concerned about
information received concerning the suspected presence of combatants among those fleeing Côte d’Ivoire in refugee hosting areas,
which could generate serious security concerns for refugees, asylum-seekers and communities, as well as threaten to undermine the
civilian and humanitarian character of asylum. The Committee appreciates the efforts of the State party in responding to this massive
influx and encourages it to establish procedures required for the identification and separation of combatants, and to promptly
determine the refugee status of Ivorian asylum-seekers. The Committee also notes with concern that 11,000 refugees from Liberia
have been living in Ghana for over 20 years and that, according to the information provided by the delegation, the State party is
planning to either relocate them or return them to their place of origin (arts. 3 and 16).
The Committee calls on the State party to take a more active approach in relation to its obligations at the international
and regional levels under i nternational r efugee l aw. In this respect, the State party should:
(a) Pursue its efforts , in cooperation with the Office of the United Nations High Commissioner for Refugees (UNHCR) ,
to continue to identify refugees and asylum-seekers and ensure their protection in accordance with international law,
including, in particular, respect for the principle of non-refoulement ;
(b) Consider granting refugee status on a prima facie basis to Ivorians fleeing their country, except for those who may be
considered combatants , until it is established that they have genuinely and permanently renounced military activities ;
(c) Take measures to effective ly screen arrivals and to separat e combatants and non-combatants in order to ensure the
civilian nature of refugee camps and/or sites, including through strengthening existing screening mechanisms and
enhancing the capacity of the Ghana Refugee Board at the border;
(d) Reinforce the capacity of the Ghana Refugee Board to process refugee claims of asylum-seekers in the country
other than those who may benefit from recognition on a prima facie basis;
(e) Ensure that Liberian refugees in Ghana are not forcibly returned to their country of origin in a manner that would be
inconsistent with the non-refoulement obligations under th e Convention or other international human rights instruments .
Human trafficking
21.The Committee takes note of the adoption in 2005 of the Human Trafficking Act, and its 2009 amendment, which brought the
definition of trafficking in line with the Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and
Children, supplementing the United Nations Convention against Transnational Organized Crime. However, the Committee expresses
its concern at persistent reports of internal and cross-border trafficking of women and children for the purpose of sexual exploitation
or forced labour as, for example, domestic workers or head-load carriers (kayaye). The Committee is also concerned at the lack of
statistics in the State party’s report on, inter alia, the number of prosecutions, convictions and sentences of perpetrators of trafficking,
including for child labour, and the absence of practical measures taken to prevent and combat this phenomenon. It also notes with
concern that there is no formal referral process to transfer victims in protective custody to other facilities (arts. 2, 12 and 16).
The State party should:
(a) Intensify its efforts to prevent and combat trafficking in human beings, especially women and children, including by
implementing the anti-trafficking legislation, providing protection for victims and ensuring their access to medical, social,
rehabilitative and legal services, including counselling, as appropriate;
(b) Ensure adequate conditions for victims to exercise their rights to make complaints ;
(c) C onduct prompt, impartial investigations of trafficking and ensure that those who are found guilty for such crimes are
punished with penalties appropriate to the nature of their crimes ;
( d ) Conduct nation-wide awareness-raising campaigns and conduct training for law enforcement officials ;
(e) P rovide detailed information on the number of investigations and complaints of human trafficking, as well as
prosecutions and convictions in such cases.
Violence against women, including domestic violence
22.The Committee takes note of the adoption in 2007 of the Domestic Violence Act and the statistics presented by the State party
during the dialogue on the domestic violence cases that occurred in 2010. However, the Committee is concerned at reports of
widespread violence against women, including domestic violence; the partial implementation of the Domestic Violence Act; and that
the Domestic Violence and Victim Support Unit (DOVVSU) of the Police Service is inadequately resourced. The Committee is
concerned at the reluctance of the State party to criminalize marital rape, and the lack of information in the State party’s report on the
number of complaints, investigations, prosecutions, convictions and sentences imposed in cases of violence against women during the
period under review (arts. 2, 12, 13 and 16).
The Committee urges the State party to:
(a) Investigate, bring to trial and punish the perpetrators of such acts;
(b) Take more effective measures to protect and assist the victims ;