Witness Protections (GH0030)

Problem to be addressed ● Lack of protection and assistance to persons exposed to severe danger from witnessing in court proceeding for criminal offences

The commitment  To provide effective protection for persons who are exposed to danger for witnessing in criminal Republic of Ghana - Open Government Partnership - NAP-4 18 prosecutions

Contribution of commitment to solving problem ● Commitment will ensure that witnesses in criminal trials especially corruption trials feel safe to testify

Relevance of commitment to OGP values  Will strengthen rule of law and the fight against corruption

Additional information

Milestone Activity with a verifiable deliverable Start Date: End Date:  Establish Witness Protection Agency Nov. 2021 June 2023  Provide Agency with human, financial and logistical support Nov. 2021 June 2023  Provide training for security agencies on the application of the law to protect witnesses July 2022 June 2023

Action Plan Review

Commitment 3. Implement the Witness Protection Act

● Verifiable: Yes

● Does it have an open government lens? Yes

● Potential for results: Modest

Commitment 3: Witness Protection Act

This commitment outlines high-level objectives that could significantly improve the ability of witnesses in Ghana to come forward. However, the concrete activities to achieve these aims were not clear from the commitment text or interviews conducted. For example, would implementation include the passage of legislation or budget allocation by Parliament? How will this commitment overcome previous obstacles, such as financial constraints, to establishing the Witness Protection Agency? If revised, those implementing are encouraged to include milestones that describe specific, measurable, actionable, relevant, and timebound (SMART) activities.

Results Report

Commitment 3. Witness Protection Act

• Completion: Not Started

The Witness Protection Act, 2018 (Act 975) [21] was passed by the Parliament of Ghana to establish a Witness Protection Agency, provide for a Witness Protection Programme and for related matters. The commitment sought to actualize implementation of the law by advocating for the establishment of the Witness Protection Agency and promoting public awareness through civic education, sensitization programs, and stakeholder trainings. The commitment text was updated based on recommendations in the Action Plan Review. The revised commitment incorporated public-facing milestones, including nationwide public education and awareness campaigns, and broadening of the audience for training beyond security agencies to encompass a wider stakeholder engagement.

The five milestones foreseen in this commitment were not implemented. A review of the Office of the Special Prosecutor website indicates three steps available to protect the safety and welfare of a witness, [22] but does not provide further information on how these are coordinated, nor how such services can be sought. A review of the published Budget Estimates for Ministries, Departments, and Agencies does not show any financial allocation for the Witness Protection Agency. The OGP POC [23] elaborated that the commitment was formulated during a period when there was no Special Prosecutor in place, and the appointment was only finalized toward the end of the action plan period.