CHAPTER
006
THE
CONSTITUTION OF THE REBUPLIC OF GHANA 1992
THE
DIRECTIVE PRINCIPLES OF STATE POLICY
34 (1)
The Directive Principles of State Policy contained in this Chapter
shall guide all citizens, Parliament, the President, the Judiciary,
the Council of State, the Cabinet, political parties and other bodies
and persons in applying or interpreting this Constitution or any
other law and in taking and implementing any policy decisions, for
the establishment of a just and free society.
(2)
The President shall report to Parliament at least once a year all
the steps taken to ensure the realization of the policy objectives
contained in this Chapter and, in particular, the realization of
basic human rights, a healthy economy, the right to work, the right
to good health care and the right to education.
35 (1)
Ghana shall be a democratic state dedicated to the realization of
freedom and justice; and accordingly, sovereignty resides in the
people of Ghana from whom Government derives all its powers and
authority through this Constitution.
(2)
The State shall protect and safeguard the independence, unity and
territorial integrity of Ghana, and shall seek the well-being of
all her citizens.
(3)
The State shall promote just and reasonable access by all citizens
to public facilities and services in accordance with law.
(4)
The State shall cultivate among all Ghanaians respect for fundamental
human rights and freedoms and the dignity of the human person.
(5)
The State shall actively promote the integration of the peoples
of Ghana and prohibit discrimination and prejudice on the grounds
of place of origin, circumstances of birth, ethnic origin, gender
or religion, creed or other beliefs.
(6)
Towards the achievement of the objectives stated in clause (5) of
this article, the State shall take appropriate measures to -
(a)
foster a spirit of loyalty to Ghana that overrides sectional, ethnic
and other loyalties;
(b)
achieve reasonable regional and gender balance in recruitment and
appointment to public offices;
(c)
provide adequate facilities for, and encourage, free mobility of
people, goods and services throughout Ghana;
(d)
make democracy a reality by decentralizing the administrative and
financial machinery of government to the regions and districts and
by affording all possible opportunities to the people to participate
in decision-making at every level in national life and in government;
and
(e)
ensure that whenever practicable, the headquarters of a Government
or public institution offering any service is situated in an area
within any region, taking into account the resources and potentials
of the region and the area.
(7)
As far as practicable, a government shall continue and execute projects
and programmes commenced by the previous Governments.
(8) The State shall take steps to eradicate corrupt practices and
the abuse of power.
(9)
The state shall promote among the people of Ghana the culture of
political tolerance.
36 (1)
The State shall take all necessary action to ensure that the national
economy is managed in such a manner as to maximize the rate of economic
development and to secure the maximum welfare, freedom and happiness
of every person in Ghana and to provide adequate means of livelihood
and suitable employment and public assistance to the needy.
(2)
The State shall, in particular, take all necessary steps to establish
a sound and healthy economy whose underlying principles shall include
-
(a)
the guarantee of a fair and realistic remuneration for production
and productivity in order to encourage continued production and
higher productivity;
(b)
affording ample opportunity for individual initiative and creativity
in economic activities and fostering an enabling environment for
a pronounced role of the private sector in the economy;
(c)
ensuring that individuals and the private sector bear their fair
share of social and national responsibilities including responsibilities
to contribute to the overall development of the country;
(d)
undertaking even and balanced development of all regions and every
part of each region of Ghana, and, in particular, improving the
conditions of life in the rural areas, and generally, redressing
any imbalance in development between the rural and the urban areas;
(e)
the recognition that the most secure democracy is the one that assures
the basic necessities of life for its people as a fundamental duty.
(3)
The State shall take appropriate measures to promote the development
of agriculture and industry.
(4)
Foreign investment shall be encouraged within Ghana, subject to
any law for the time being in force regulating investment in Ghana.
(5)
For the purposes of the foregoing clauses of this article, within
two years after assuming office, the President shall present to
Parliament a co-ordinated programme of economic and social development
policies, including agricultural and industrial programmes at all
levels and in all the regions of Ghana.
(6)
The State shall afford equality of economic opportunity to all citizens;
and, in particular, the State shall take all necessary steps so
as to ensure the full integration of women into the mainstream of
the economic development of Ghana.
(7)
The State shall guarantee the ownership of property and the right
of inheritance.
(8)
The State shall recognise that ownership and possession of land
carry a social obligation to serve the larger community and, in
particular, the State shall recognise that the managers of public,
stool, skin and family lands are fiduciaries charged with the obligation
to discharge their functions for the benefit respectively of the
people of Ghana, of the stool, skin, or family concerned and are
accountable as fiduciaries in this regard.
(9)
The State shall take appropriate measures needed to protect and
safeguard the national environment for posterity; and shall seek
co-operation with other states and bodies for purposes of protecting
the wider international environment for mankind.
(10)
The State shall safeguard the health, safety and welfare of all
persons in employment, and shall establish the basis for the full
deployment of the creative potential of all Ghanaians.
(11)
The State shall encourage the participation of workers in the decision-making
process at the work place.
37 (1)
The State shall endeavour to secure and protect a social order founded
on the ideals and principles of freedom, equality, justice, probity
and accountability as enshrined in Chapter 5 of this Constitution;
and in particular, the State shall direct its policy towards ensuring
that every citizen has equality of rights, obligations and opportunities
before the law.
(2)
The State shall enact appropriate laws to ensure -
(a)
the enjoyment of rights of effective participation in development
processes including rights of people to form their own associations
free from state interference and to use them to promote and protect
their interests in relation to development processes, rights of
access to agencies and officials of the State necessary in order
to realise effective participation in development processes; freedom
to form organizations to engage in self-help and income generating
projects; and freedom to raise funds to support those activities;
(b)
the protection and promotion of all other basic human rights and
freedoms, including the rights of the disabled, the aged, children
and other vulnerable groups in development processes.
(3)
In the discharge of the obligations stated in clause (2) of this
article, the State shall be guided by international human rights
instruments which recognize and apply particular categories of basic
human rights to development processes.
(4)
The State shall maintain a population policy consistent with the
aspirations and development needs and objectives of Ghana.
(5)
The State shall ensure that adequate facilities for sports are provided
throughout Ghana and that sports are promoted as a means of fostering
national integration, health and self-discipline as well as international
friendship and understanding.
(6)
The State shall -
(a)
ensure that contributory schemes are instituted and maintained that
will guarantee economic security for self-employed and other citizens
of Ghana, and
(b)
provide social assistance to the aged such as will enable them to
maintain a decent standard of living.
38 (1)
The State shall provide educational facilities at all levels and
in all the Regions of Ghana, and shall, to the greatest extent feasible,
make those facilities available to all citizens.
(2)
The Government shall, within two years after Parliament first meets
after the coming into force of this Constitution, draw up a programme
for implementation within the following ten years, for the provision
of free, compulsory and universal basic education.
(3)
The State shall, subject to the availability of resources provide
-
(a)
equal and balanced access to secondary and other appropriate pre-university
education, equal access to university or equivalent education, with
emphasis on science and technology;
(b)
a free adult literacy programme, and a free vocational training,
rehabilitation and resettlement of disabled persons; and
(c)
life-long education.
39 (1)
Subject to clause (2) of this article, the State shall take steps
to encourage the integration of appropriate customary values into
the fabric of national life through formal and informal education
and the conscious introduction of cultural dimensions to relevant
aspects of national planning.
(2)
The State shall ensure that appropriate customary and cultural values
are adapted and developed as an integral part of the growing needs
of the society as a whole; and in particular that traditional practices
which are injurious to the health and well-being of the person of
the person are abolished.
(3)
The State shall foster the development of Ghanaian languages and
pride in Ghanaian culture.
(4)
The State shall endeavour to preserve and protect places of historical
interest and artifacts.
40 In
its dealings with other nations, the Government shall
(a)
promote and protect the interests of Ghana;
(b)
seek the establishment of a just and equitable international economic
and social order;
(c)
promote respect for international law, treaty obligations and the
settlement of international disputes by peaceful means;
(d)
adhere to the principles enshrined in or as the case may be, the
aims and ideals of-
i)
the Charter of the United Nations;
ii)
the Charter of the Organisation of African Unity;
iii)
the Commonwealth;
iv)
the Treaty of the Economic Community of West African States; and
v)
any other international organisation of which Ghana is a member.
41 The
exercise and enjoyment of rights and freedoms is inseparable from
the performance of duties and obligations, and accordingly, it shall
be the duty of every citizen -
(a)
to promote the prestige and good name of Ghana and respect the symbols
of the nation;
(b)
to uphold and defend this Constitution and the law;
(c)
to foster national unity and live in harmony with others;
(d)
to respect the rights, freedoms and legitimate interests of others,
and generally to refrain from doing acts detrimental to the welfare
of other persons;
(e)
to work conscientiously in his lawfully chosen occupation;
(f)
to protect and preserve public property and expose and combat misuse
and waste of public funds and property;
(g)
to contribute to the well-being of the community where that citizen
lives;
(h)
to defend Ghana and render national service when necessary;
(i)
to co-operate with lawful agencies in the maintenance of law and
order;
(j)
to declare his income honestly to the appropriate and lawful agencies
and to satisfy all tax obligations; and
(k)
to protect and safeguard the environment. |