Country: Ghana. Commission of Inquiry into the Yendi Events (Wuaku Commission) 2002 (1 month)

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1 Country: Ghana Commission of Inquiry into the Yendi Events (Wuaku Commission) 2002 (1 month) A commission of inquiry to investigate the Yandi events, identify the perpetrators and make appropriate recommendations to the president. Time frame of violations: 2002 Background 1. Legal basis Constitutional Instrument No 36 of Terms of Reference 1) To make full, faithful and impartial inquiry into the circumstances of and establish the facts leading to the events and the resultant deaths and injuries in Yendi in the Dagbon traditional area of the Northern region between 25th and 27th March ) To identify those responsible for the events and the resultant deaths and injuries of persons and to recommend appropriate sanctions or actions against any person found to have caused, been responsible for or been involved in the violence and resultant deaths in injuries 3) To inquire into any matter which the Commission considers incidental or reasonably related to events and the resultant deaths and injuries 4) To submit within one month its report to the president giving reasons for its findings and recommendations. 3. Applicable law The Constitution of the Republic of Ghana, 1992, Constitutional Instrument 36 of 2002.

2 Commission of Enquiry (CoI) General 1. Powers of CoI Inspections in loco; written submissions were also accepted by the commission. 2. Independence Can perhaps be read through the naming of all those who contributed to the events that day including some high ranking individuals. 3. Impartiality From the wording of the mandate, the Commission can be seen to have been impartial. 4. Transparency The proceedings were specific and some aspects were open to community members. The sensitive nature of the negotiations and discussions however meant that some discussions were held in private between the traditional councils of the warring communities. 5. Invocation of ubuntu/related concept no specific mention 6. Gender mainstreaming There was no specific focus on the gendered impact of conflict. One of the three commissioners was female. 7. Interrelationship with other accountability mechanisms

3 No specific mention thereof. 8. International representation No international representation 9. Adequate staffing There were also other core administrative staff appointed to assist with the Commission. Process 1. Standard of proof No indication of a standard of proof but the Commission did not follow the strict evidentiary rules but had discretion to determine what was admissible or not. 2. Method of case selection Determined by mandate as the Commission was constituted to investigate a particular event. 3. Data collection The commission undertook some site visits to Yendi to familiarise itself with the train and see the extent of the damage caused. In order to remain neutral there were no courtesy calls to the two factions involved in the crisis, but the Commission spent time in tamale to confer with the regional security council and the acting northern regional minister. 4. Witness participation and protection No specific mention thereof.

4 5. Special protection and participation measures The commission held some proceedings in camera and also carried out inspections in loco to ensure that they were as inclusive as possible. 6. Financial resources Financed by the ministry of finance. 7. Location of hearings The hearings were held in a specific location, the area where the disturbances happened. Findings 1. Norms relied on (re legitimate killing) no specific mention 2. Challenges no specific mention in the report. 3. Findings 1) That the intrusion of national politics contributed to the violence noted during that time 2) the violence erupted due to a accumulation of local politics that had been simmering under the surface between the two main factions 3) that state security took a while to respond to the violence which resulted in more deaths that could have been avoided, and that their responses were not sufficient in light of the levels of violence that erupted that day 4)That what happened at Yendi on the dates in question was unlawful and all those implicated are in violation of the law. 4. Recommendations 1) that those found to have committed certain crimes as listed in the report should be charged and the names should be forwarded to the general legal council for

5 necessary action 2) That certain listed public officials should be reprimanded for their involvement in the violence as well as the reprimand of those who were in power during that time 3) That the military detachment in Yendi be upgraded to a garrison to ensure stability in the area. That the Yendi police station be adequately resourced with men and logistics to enable it to deal speedily with exigencies 4) the government should clamp down on and disband all private armies, operating outside the auspices of the Ghana Armed Forces. 5) There should be no parallel traditional office holders, apart from those appointed by the Ya-Na, according to custom. 6) The celebration of Bugum in Yendi, when restored, should undergo reforms respecting the time of day for the festival's procession, approved routes, the nature of torches permissible, the use of firearms, and other objects that can be misapplied for criminal acts. 7)Serious steps should be taken to revive the Dagbon Traditional Council, made up of all its 5. Politics of memory No indicated attempts at memorialization or dealing with memory of those affected. 6. Incorporation of local justice mechanisms According to the government's white paper, the most poignant of the Commission's recommendations is its last. "Government should make conscious efforts to reconcile the two royal gates of Dagbon." This appeal reinforced Government in its determination to pursue the goal of reconciliation as the only permanent solution to the Dagbon crisis. Reconciliation at a national and also traditional council level. Report 1. Availability The report was published and is available online 2. Impact 1) The truth justice and reconciliation commission can be linked to this process and it was adopted soon after this Commission. 2) At the instance of the Attorney General, criminal proceedings have been initiated against the two on charges of murder of the late Ya-Na. They have been remanded in prison custody pending trial. 3) As far as the other specific recommendations are concerned, the Attorney General will issue instructions to the Police to use the evidence before the Commission and its findings as the basis for further investigation and appropriate action.

6 Implementation and consequences 1. Institutional framework for implementation The government issued a white paper on the report of the commission and indicated several measures it would put in place to ensure the implementation thereof. 2. Fulfilment of Mandate The Commission did what it set out to do, that is identify perpetrators and offer recommendations. The level of implementation is however wanting and although there have been some efforts made to ensure these recommendations and findings were effected, there are civil society calls for the total implementation. 3. Government response Government accepts the general findings and recommendations of the Commission and many of its specific findings and recommendations. 4. Civil society response Civil society is calling for the implementation of the report. 5. CSO galvanisation