Unity Oil Boss Gives Soldiers GH¢20,000

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Dr. Kwame Kyei (right) presenting the cheque to Major Budu Kumi

A state-of-the-art gymnasium for the Northern Command of the Ghana Armed Forces in Kumasi, which is under construction, has been given a massive lifeline following the intervention of Dr. Kwame Kyei, chief executive of Unity Group of Companies, including Unity Oil and Light FM in Kumasi

The Unity Group boss has presented GH¢20,000 (¢200million) to support the construction of the edifice, situated at the Officers’ Mess at Ridge, near Danyame in Kumasi.

Dr. Kyei acted swiftly to an appeal made by the military to support the construction of the building which would be used by the soldiers for training.

Making the presentation, Dr Kyei described soldiers as very important people who should enjoy the support of the society.

He therefore urged the entire populace to constantly assist the military so that they could carry out their duties and help sustain Ghana’s peaceful atmosphere.

Dr. Kyei said it was the first time that he was making a presentation to the military, stating that it would not be the last time.

The amount presented by the Unity boss would be channelled into a special account created by the military dubbed ‘The Northern Command Gym Accounts’ to support the project which is at the foundation level.

Brigadier General Richard Opoku-Adusei, the General Officer Commanding the Northern Command, receiving the cash, commended Dr Kyei for his timely assistance, urging him to sustain his good works for the society to the benefit of the nation.

He called on other well-endowed people to assist the men in uniform to complete the gymnasium which would help promote their duties.

Present at the colourful ceremony were Unity Group of Companies officials, the project manager, Justice Botwe, and Major Budu Kumi of the 4th Battalion of Infantry.

Dr. Kyei, a Kumasi-based businessman, initiated the ‘Gospel All Stars’ reality show with a house at stake to unearth new gospel stars.

FROM I.F. Joe Awuah Jnr., Kumasi.

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Man Bombs 6 Kids

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WICKED! Kobina Amakye (right) and the kids he killed (middle) and injured with a home-made petrol bomb

A 40-year-old fisherman from Moree in the Abura-Asebu-Kwamankese (AAK) District of the Central Region, Kobina Amakye, has set fire to six children who were playing in his backyard with a home-made bomb.

One of the kids, 10-year-old Kweku Mensah, died as a result of the blaze while the other victims, aged between six and 10 years, suffered various degrees of burns on their bodies.

Kobina Amakye has been arrested by the Kotokuraba District Police Command.

He was grabbed yesterday at his hide-out around the Cape Coast Castle and will soon be arraigned before court.

Briefing DAILY GUIDE, the Kotokuraba District Police Commander, Emmanuel Tetteh, said a report was made at his outfit on Sunday that Amakye had set fire to some children, a situation which compelled him to send personnel to the scene, but the suspect had absconded.

ASP Tetteh said after a thorough search, the suspect was flushed out on Monday and according to the police chief, upon interrogation, Amakye admitted to the offence.

He said Amakye claimed he was resting in his room last Sunday when the children including the deceased were playing behind the house and started disturbing him.

Amakye then took a gallon of premix fuel, added some cement papers and mixed it in a container.

Amakye then lit his ‘home-made bomb’ and threw it into the midst of the children, resulting in the burning and death of a 10-year-old boy, Kweku Mensah.

One child escaped unhurt while the other four victims whose conditions were critical, were sent to the Moree Government Hospital and later transferred to the Central Regional Hospital.

 From Sarah Owusu-Darlington, Cape Coast

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BECE Girls Give Birth In Exams

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Students writing thier B.E.C.E exams

TWO STUDENTS sitting for their final exams in this year’s Basic Education Certificate Examination (BECE) last week gave birth to a baby boy and girl at different centres in two different districts that share a common boundary.

The young girls, both 16 years old, were writing the exams at Atwereboana D/A Junior High School (JHS) centre in the Adansi South District in the Ashanti Region, and Odumto M/A JHS centre in the Assin North Municipality in the Central Region respectively when they gave birth to a boy and girl, before continuing their papers later.

The girl at the Atwereboana centre, who was among 1,789 candidates, went into labour during the second day of her science paper-B exam on Tuesday, while her counterpart from the Assin North area gave birth only a few minutes into the commencement of the exam on Thursday.

DAILY GUIDE gathered that the teenager at the Adansi South District had just started on the 2-hour portion of the test at the examination centre when she started experiencing labour pains.

Her centre was among the six centres that had 1,069 male students and 720 female students drawn from 44 schools across the district sitting for the final exams.

Among the 720 female students were six teenage nursing mothers and 22 pregnant girls who wrote the exams. 

In the case of the Assin North Municipality, Vida Odum, the Municipal Director of Education, said the new nursing mother was among 2,478 students in nine centres she had visited.

 According to her, 24 of the female students had gotten pregnant prior to the start of the exams, with only five of them managing to sit for the exams. 

She disclosed that the new-born baby had been christened ‘Yaa BECE’ since she was delivered at the time her mother was writing the exams.

Ms Odum, who went round to familiarize herself with the situation on the ground, called for collaboration to deal with the menace of teenage pregnancy in the area.

The District Chief Executive (DCE) for Adansi South, Benjamin Anhwere, on his part said he would team up with the District Education Director to design educational programmes to nip such incidents in the bud in the near future.

 From Ernest Kofi Adu, Obuasi

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Unemployed Graduates Blast Minister

Elvis Afriyie-Ankrah

The Unemployed Graduates Association (UGA) has warned Elvis Afriyie-Ankrah, Deputy Minister of Local Government and Rural Development, to desist from making derogatory statements against the association or face their wrath.

Mr. Afriyie-Ankrah, at a graduation ceremony last Friday for beneficiaries of the Local Enterprise and Skills Development (LESDEP) at Koforidua in the Eastern Region, described UGA as evil and tagged its members as lazy people who had been paid to destroy themselves.

Reacting to the deputy minister’s statement, the President of UGA, Justice Kojo Antwi, told DAILY GUIDE that the Association was neither devilish, nor its members lazy, adding that they had also not been paid to destroy themselves.

He therefore called on Mr. Afriyie-Ankrah to apologize and also desist from insulting them, especially when his ministry had not been able to provide jobs for the unemployed graduates in the country.

Mr. Kojo Antwi said: “If he continues to make such offensive comments about the Association, then we will mobilize all unemployed graduates in the country to stage a demonstration against him and the ministry and call for his removal”.

He said the minister’s comment did not only affect members of the Association but all unemployed graduates in the country. “I think the statement he made is very shameful and he must be circumspect in his comments”, he added.

Mr. Kojo Antwi said: “What the minister must do is to call the Association and meet to brainstorm and find the way forward in addressing the situation but not to jump from one platform to the other, making derogatory comments that will incite people”.

He said the Association was formed due to the fact that the rate of unemployed graduates in the country was very alarming and they didn’t want politicians to exploit them for their own self gain.

Mr. Kojo said the LESDEP programmes targeted the unemployed youth in the country including graduates. However he said the modules under LESDEP did not address graduate unemployment in the country.

He urged the government to sit down with the Association and discuss how the unemployed graduates in the country could get jobs.

 By Cephas Larbi

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Man, 70, Gets 7 years For Defilement

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Court

A 70-year-old farmer who impregnated a 13-year-old orphan after sexually abusing her on several occasions has been convicted and sentenced to seven years’ imprisonment in hard labour.

Kofi Adanu, the convict, when he was charged with the offence of defilement at an Accra Circuit Court presided over by Sedinam Agbemava, showed remorse for his action, pleading with the court to deal leniently with him.

The judge, following his plea of guilt, convicted him and sentenced him accordingly to serve as a deterrent to sexy old men who had lately taken interest in sleeping with minors.

Chief Inspector I.A.A. Ahor informed the court while presenting the facts that the victim was a class-four pupil living with her grandmother at Danfa, near Ayimensah, a suburb of Accra. .

Kofi Adanu is a 70-year-old Togolese farmer living with his grandchildren near the victim’s house.

The victim reportedly went to the convict’s house to play with his grandchildren.

The prosecutor narrated that about a year ago, the convict took advantage of the vulnerable girl whose grandmother was too old to cater for her and started having sex with her.

According to the prosecutor, each time Adanu had sex with the victim, he put fear in her by threatening to kill her if she reported the matter to anyone.

Based on the threats, the victim kept the ordeal to herself until her class teacher recently detected that she was pregnant and questioned her.

The victim revealed her ordeal to her teacher.

Although the convict was confronted on the issue, the matter was not reported to the police.

The prosecutor said on April 18, 2012, the complainant, a mason living at Haatso Ecomog with his family, went to the victim’s neighbourhood to do business. When he heard of the victim’s plight, he conducted preliminary investigations after which he informed the police.

The police issued a medical form to the victim and accompanied her to the hospital where it was confirmed that she was pregnant.

Adanu was arrested and in his caution statement, he reportedly admitted to the offence and said he was only assisting the victim’s grandmother to take care of her since he gave her money after each act.

In a related development, a store keeper, one Frank Acheampong, has also been remanded into police custody by the same court for allegedly defiling a 13-year-old pupil living with an auntie at Sampa Valley.

Chief Inspector Ahor narrated that in March 2012, the victim, who sold Ga kenkey in front of Frank’s house, went to the accused to collect an amount of GH¢5, being debt he owed her for buying kenkey and fish.

According to the prosecutor, when the victim got to the accused person’s house, Frank allegedly told her to enter the room and as soon as the victim did, he reportedly pushed her into a sofa and had sex with her, after which he warned her not to report the incident to anybody.

The victim fearfully kept her ordeal to herself until her auntie saw a change in her walking and asked her what the problem was.

The victim then informed the auntie who reported the case to the Domestic Violence and Victim Support Unit at Kaneshie for investigation.

A police medical form was issued for her to attend hospital. The victim has since been medically examined and a report submitted on her.

Frank was arrested and according to the prosecutor, he admitted to the offence but said he had sex with the victim six months ago and not in March this year.

By Mary Anane

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No Data on 30 Arms Dealers

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Revolver and Locally Manufactured Pistol

The National Commission on Small Arms and Light Weapons (NCSALW) says there are approximately 30 arms importers licensed in Ghana, with mostly no credible database on their activities.

State institutions do not have exact statistics on the number of arms these licensed arms dealers import annually, or who they sell these weapons to because current State legislations lack the capacity to ensure the effective monitoring of their activities.

There are varied statistics on the number of arms (mostly small arms i.e. assault rifles, pistols, double barrel guns, pump action guns) that are periodically imported into the country. Some security analysts put the figure at 6,000 guns annually. Some peg the figure even higher.

“Arms are serious issues, and countries should have effective tracking and monitoring systems in a foolproof database,” Dr. Cyriaque Agnekethom, Head of the ECOWAS Small Arms Unit, stated.

Speaking to journalists at a small arms workshop held in Sogakope (Volta Region) over the weekend, Jones B. Applerh, Executive Secretary of NCSALW, said six of these arms dealers were active, adding, “Weapons are big money deals”.

For various security considerations, the names of these active brokers have been kept under wraps.

There are some people who have openly stated their status as arms dealers. For instance, Kofi Wayo, a maverick businessman and a member of the Energy Commission has noted on several platforms that he dealt in arms. Sources from the NCSALW told DAILY GUIDE that it was unclear whether Mr. Wayo was an active or a dormant arms broker.

Mr. Applerh stated that for the past three years, government had not allowed the importation of weapons into the country. “Gen. Nunno Mensah is really strict on that,” Jones Applerh noted.  However, this does not stop a possible clandestine trade in the arms business.

Joseph Nunoo-Mensah is the National Security Advisor to President Mills.

Mr. Applerh fears these active arms dealers could be doing all sorts of things to maximize their returns on investment. Indeed, when arms dealers try to increase their bottom- lines it means proliferation of more arms.

Instructively, there are 24 other arms dealers who possess licenses to import arms but do not have the financial capacity to import any sizeable amount of weapons.

Referring to the two categories of arms dealers in Ghana, Mr. Applerh told DAILY GUIDE that “some have the license but do not have the money, however some have both the money and the license”.

Critics warn that activities of the 24 dealers may be more sinister than meets the eye. Even though they are perceived not to have the financial wherewithal, they could still import little quantities of arms because of their license. If they do import, the systems may be incapable of adequately capturing them in a database.

The police are restricted by law from adequately putting the tabs on these arms trade. “The police don’t even think Ghana has a gun problem, rather they are convinced that Ghana rather has armed robbery problem, drug problems,” Mr. Applerh noted, adding that these crimes were all symptoms of the gun influence in the country.

A 2004 baseline statistics of the Commission on Small Arms indicated that there were about 300,000 guns currently in Ghana and majority (about 220,000) of these guns were held by civilians who might not be adequately  captured in the database of the Ministry of Interior and other security agencies.

“Many of these guns are illegally held anyway”, said the NCSALW boss.

Guns have become a critical issue in Ghana in recent times. The sporadic reports of gunshots and gun possession have made it even more important for legislations to be tightened on arms possession.

Dr. Agnekethom noted that even though Ghana’s legislations prescribed stringent processes of civilian acquisition of guns, there were no clear provisions on how these guns should be held. For instance, in the name of self defence, eligible people are licensed to own guns; these people can walk about with guns and may not be subject to serious sanctions because the laws on gun control do not explicitly spell out how or where people can hold their legally acquired guns.

There are several statutes that seek to regulate arms in Ghana, for instance the Arms and Ammunition Act (1962) amended in 1996 and 2001, which sets out guidelines for the import, export and manufacture of small arms and civilian ownership of arms in the country. But all these laws are not clear enough, says experts.

 By: Raphael Adeniran

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Arrest of Ken Agyapong Amounts to Police Over-Reach

Kennedy Agyapong

The intemperate rant of Hon. Kennedy Agyapong, MP of Assin-North, was horrible, unnecessary and reprehensible. But the police should not have arrested him. If a soldier had made exactly the same utterances, the police would also err in arresting him. The soldier comes from the military – an institution – and Hon. Agyapong is a Member of Parliament, an institution. The issue here is independence of institutions, which is imperative for good governance. Perhaps, an analogy would clarify the issue.

Systems/Institutions

Regardless of horsepower, shape or colour, a vehicle is an amalgamation of systems: ignition system, fuel system, electrical system, cooling system, suspension system, brake system, etc. Each system is designed for a specific purpose: the brake system to check the speed of the vehicle and stop a run-away vehicle; the suspension system prevents the vehicle from bouncing along the road; anti-sway bars prevent the vehicle from rolling over; the muffler (exhaust system) prevents the vehicle from making too much noise; and cooling system prevents over-heating.

Each system must be in good working condition for the vehicle to operate efficiently. Each system is independent of the others and cannot be mismatched. For example, oil, a lubricant, cannot be used as coolant in the radiator.  When a system breaks down, it must be repaired promptly. Parts designed for one system cannot be used to repair another. Periodic maintenance and repair are vital for optimal operating efficiency of each system. When all systems are operational, the vehicle is said to be in good or top working condition.

Similarly, a society or governance operates like a vehicle. Institutions are to a society what systems are to a vehicle. Institutions are processes, procedures, rituals, enforcement mechanisms, and organizations that seek to advance or uphold a certain principle, right or desire. For purposes of governance, a country has seven key institutions, the civil service, the judiciary, the media, the security forces (military, the police or law-enforcement), the electoral commission, Parliament and the Central Bank.  Each institution has a specific function to play and should not be cross-matched with different functions. For example, the role of the military is to defend the territorial integrity of the nation and protect its citizens while that of the judiciary is to enforce the rule of law and dispense justice fairly. Having soldiers run the government is a mismatch because they are not trained as such; only to fight and kill an enemy.

The role of Parliament — the repository of the people’s power — is to provide oversight over executive actions, making sure that the people’s money is spent wisely, government policies benefit the people, pass laws that improve the lives of the people, etc. Parliament is more powerful than the executive and all the other institutions. Whereas the executive is occupied by one political party, Parliament is occupied by all political parties and represents all the people. Parliament can cut funds to the executive, block policies and even sack the president by passing a vote of “no confidence” in him. Sure, the president can dissolve parliament and call an election but cannot sack any individual MP. The role of the police is to enforce the law and maintain law and order. Law-breakers are taken to court – the judiciary — and, if found guilty, are punished with fines or prison sentences.

For these seven institutions to operate well, they must be independent and free of interferences from any quarter. They must also watch each other, thereby providing institutional checks and balances. While Parliament must watch over the executive to ensure that it is not spending recklessly, the President must also watch to see that judges are not on the take. When all these institutions are working well, good governance is said to prevail – akin to saying that a vehicle is in good working condition when all of its systems are working well. Thus, good governance requires, first, independent institutions and, second, each institution to be working well.

For each institution to work well, it must police itself to ensure that its officials abide by certain professional and ethical principles, collectively known as “the code.” Thus, there is the civil service code and then the military code, the bar code, parliament code or protocol, etc. There are codes in the private sector too. For example, medical doctors swear the “Hippocratic Oath,” which binds them to certain professional and ethical standards. Universities also have the academic code. The purpose of all these codes is to ensure that officers of that particular profession or institution adhere to some rigorous professional and ethical standards of behaviour. Each institution has its own disciplinary process to deal with officials who violate their respective codes.

The military code, for example, debars soldiers from intervening in politics and, hence, bans military coups. That tenet, however, is applied selectively – only to unsuccessful coup plotters who can be executed by firing squad but never to successful coup leaders. Nonetheless, when a soldier is in violation of the code by engaging in misconduct – such as making incendiary remarks about war on the radio – the offending soldier would be court-marshalled. [The military has its own military police and courts or tribunals]. If the soldier is unable to explain his remarks and was found guilty, he would be punished. Punishment may range from demotion, suspension, expulsion from the military or even death by firing squad, depending on the severity of the offence. Neither the President nor the police need to interfere with the military disciplinary process and should allow that process to take its course.

Indeed, such was the case when the police found itself in a similar situation. It also has the Police Code, which was violated by one of their own, DSP Gifty Tehoda, in the “cocaine turned baking soda” scandal that broke in early January. In that case, the police did their own investigations – still on-going – without interference from any quarter.

Similarly, Parliament, as an institution also has its own Parliament Code and Protocol — its own rules, regulations and disciplinary processes. If an MP engages in misconduct by spitting incendiary rhetoric, Parliament also has its own disciplinary process to deal with the MP. Normally, the House, Ethics or Disciplinary Committee would haul in Hon Kennedy Agyapong for grilling. He represents a constituency and what he said was a political speech but incendiary. If he is unable to explain why he made those remarks, Parliament can mete out the appropriate punishment, ranging from reprimand, suspension of parliamentary privileges to expulsion from parliament. The police should not have arrested Hon. Kennedy Agyapong, just as it wouldn’t have were the MP a soldier. The police should have allowed the Parliamentary disciplinary process to take its due course.

If the Police arrested Hon. Agyapong on “orders from above,” then the President may have acted illegally and unconstitutionally. Remember that Parliament is more powerful than the presidency. In a normal democracy, the President cannot order the arrest of an MP. In fact, Articles 117 and 122 of the Constitution protects the rights of MPs and officers of Parliament by guaranteeing that the work of Parliament is not impeded, nor held in contempt.

Exactly the same issue came up in February, in the wake of the Woyome judgment debt scandal when Osei Bonsu Amoah, MP for Aburi –Nsawam, was trailed and arrested at his house after a parliamentary meeting. Minority Leader, Osei Kyei-Mensah Bonsu, brought the issue to the floor of the House and argued that such acts and arrests called for serious consideration as MPs, per constitutional provisions, were not to be impeded in the course of their duties as their constituents are at all times entitled to representations and decision-making by their MPs. He said the matter should be of concern to all MPs regardless of their political affiliation. He proposed the setting up of the committee, which was supported by the Majority leader, Cletus Avoka. Justice Joyce Bamford Addo, the Speaker, then tasked the Minority and Majority leaders of Parliament to set up the committee and ensure that all the deliberation on the matter was done with reference to all the constitutional provisions on arresting MPs or getting MPs to face the law. She asked that the 10-member committee should be made up of members from all sides of the House and that the committee works quickly and report back to the House with recommendations which will be debated at plenary. The outcome of the debate on the issue is expected to be sent to the appropriate authorities and the security agencies. To arrest another MP, Ken Agyapong, while this committee is doing its work shows morbid contempt of Parliament, which is clearly unconstitutional.

For a Better Ghana and good governance, it behoves all of us to respect and uphold the independence of our institutions and avoid politically-motivated interferences in their work. These interferences prevent us from holding public officials accountable, enforcing the rule of law, holding free, fair and non-violent elections, as well as stanching the rising tide of corruption.  Interfering with the brake system could land a vehicle in a ditch. Similarly, interfering with some of our institutions could land Ghana in an Ivorian or Kenyan ditch.

One more thing as a post-script on Hon. Ken Agyapong. Besides his inflammatory incitement to war, he committed another serious mistake which led to all this brouhaha. To be sure, he had a legitimate grievance about the activities of NDC “machomen” at the Odododiodoo constituency during the biometric registration exercise.  But, as a lawmaker, he should know that the airwaves are not the place to resolve the issue. He should have submitted a motion on the floor of the House to declare such armed hooligans as illegal. No political party should entertain them, much less establish a “Heroes Fund” for them. If he can’t get traction in the House, he should take the matter up to the Supreme Court to rule on the constitutionality of a political party having an armed wing. After all, that is exactly the route Parliament took in 2001. On June 1, 2001, it passed the Public Holidays (Amendment) Law, which abolished the celebration of June 4 as a public holiday. Similarly, Hon. Agyapong should get Parliament to pass a law that debars any political party from having an armed wing. Had he taken this route, we would have avoided all this kerfuffle over arrest, street protests, burning of tyres and closure of Ring Road.

__________________________

The writer is a former professor of economics at American University and President of the Free Africa Foundation, both in Washington, DC, USA. His latest book is Defeating Dictators (Palgrave/MacMillan, 2011).

 Professor George Ayittey

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Volta Varsity Is Substandard – VC

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Prof. Fred Binkah

The University for Health and Allied Sciences (UHAS) may not be able to admit its first batch of students in September this year due to inadequate infrastructure.

The Vice Chancellor of the University, Prof. Fred Binkah, expressed fear over the state of the administration block which he said was not strong enough.

According to him, although the edifice was beautiful, it might not stand a heavy storm, adding that an angry mob could easily pull it down.

Apart from the poor strength of the structure, he expressed concern about the capacity, saying, “The administration block cannot contain the number of administrative staff to start the university.”

The Pro Vice Chancellor made the revelations at a public forum in Ho yesterday, on the state of the UHAS.

The Vice Chancellor, who is to head an interim governing council with Prof. Kwame Wiredu as the Pro Vice Chancellor, to ensure the smooth take-off of the university and its running, noted that he was hopeful that the university would meet its target of admitting 200 students this September.

He however noted that the hostel provided for the anticipated 200 was also inadequate and that the university would be relying on the nurses quarters in Ho to complement both student and staff accommodation. He said the university was yet to be accredited by the National Accreditation Board, adding that he was hoping it would be done by the end of this month, followed by adverts for admission, as “without accreditation we cannot make any admissions”.

Despite these challenges, Prof Binkah noted that with the preparations done so far, the university should be able to start in September.

He said the programmes of study had all been designed with a graduate programme in sports and exercise medicine as one of them. The deans of the various faculties are all in place. The school will also have three institutes.

The Volta Regional Minister, Henry Ford Kamel, noted that the public forum could not have come at a better time, since it was significant for the public to know the truth about UHAS. He said a lot of work had been done to ensure the smooth take-off of the university; yet, information on the progress of work was woefully inadequate and so the forum had come to fix that.

He commended the university implementation taskforce for a job well done and expressed hope that the interim council would continue the good work. Mr. Kamel also called on all Ghanaians, particularly voltarians, to support UHAS to become a centre of excellence in health education across the world.

He noted that government would ensure that all other things needed to make the university a state-of-the-art would be provided.

The University of Health and Allied Sciences (UHAS), together with the University of Renewable Energy in the Brong Ahafo Region, was established under ACT 828, 2011.

It is one of the campaign promises of the NDC in the run-up to the 2008 elections and one that is very dear to the hearts of the people of the region. President Mills cut the sod for the commencement of work in February last year.

However, commencement of work at the site had delayed due to preliminary technical work. This incurred the displeasure of people of the region who felt that the promise will not materialize. The agitations, although not welcomed by the government, sped up work on the university which is now expected to admit its first batch of students in September.

 From Fred Duodu, Ho

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INDIA: BSF torture yet another person in West Bengal

April24,2012

Director General BSF
Block 10, CGO Complex
Lodhi Road, New Delhi -03
INDIA
Fax: +91 11 24360016
E-mail: [email protected], [email protected], [email protected], [email protected]

Dear Director General of BSF,

Name of victim:
Mr. Mr. Chhanarul Mondal, son of Mr. Chaharuddin Mondal, aged about 20 years, residing at Ramnarayanpur village, under the jurisdiction of Jalangi police station, Murshidabad district, West Bengal
Names of alleged perpetrators:
BSF Officers stationed at (i) Jalangi BSF Company Head Quarter, (2) Singhpara BSF Company Head Quarter and (3) Farajipara BSF BOP Camp
Date of incident: 2 March 2012
Place of incident: Within the jurisdiction of Jalangi Police Station, West Bengal

I am William Nicholas Gomes, Human Rights Ambassador for Salem News.com. I am writing to express concern regarding yet another case of police torture and fabricated charges registered by the Border Security Force stationed along the Indo-Bangladesh Border in Murshidabad district, West Bengal, India. The details of the case are as follows:

The victim in the case is Mr. Chhanarul Mondal. He is the relative of Mr. Janmohammad Seikh living in Biswaspara village under the jurisdiction of Jalangi Police Station in Murshidabad district. Biswaspara is near the Indo-Bangladesh border.

On 29 February 2012 Chhanarul went to the house of Janmohammad to visit him. At about 5 am on 2 March the victim went to attend nature’s call in the neighborhood beside the Karimpur – Baharampur road. The road is near the local Customs office. While he was to Janmohammad’s house, the BSF detained him, having found Chhanarul near the border road in front of Jalangi BSF Company Head Quarter. The four BSF officers were returning to the Head Quarter after border patrolling.

The officers assaulted Chhanarul with the wooden sticks they were carrying and with the rifle butts. The officers then brought Chhanarul to the Jalangi BSF Company Head Quarter where he was confined in a room. Then the Company-in-Charge came into the room accompanied with another BSF officer and assaulted Chhanarul mercilessly.

On the same day at about 11 am The BSF brought Chhanarul to the Singhpara BSF Company Head Quarter in a BSF vehicle. At about 3.30 pm the Company-in-Charge of both Jalangi BSF Company Head Quarter and Singhpara BSF Company Head Quarter accompanied with 12 to 13 BSF officers took the victim to an isolated place beside the banks of River Padma which is about three kilometers away towards east from the Singhpara BSF Company Head Quarter. There they assaulted Chhanarul again.

At this time Chhanarul realized that the BSF was making preparations to murder him at the spot. Realising that Chhanarul would be killed, he started begging and pleading with the BSF to spare him. The officers felt sympathy for Chhanarul and brought him back to Farajipara BSF Border Out Post Camp at about 4.30 pm. From there by about 5 pm the Company-in-Charge of Jalangi BSF Company Head Quarter accompanied by five BSF officers took Chhanarul to the Sadhikhardiar Primary Health Centre. There they obtained a medical certificate in the victim’s name to show that he is medically fit. Dr. Krishnendu Roy at the health centre issued the certificate.

Then they brought Chhanarul to the Jalangi Police Station. The police officer on duty refused to take custody of the victim considering his bad physical condition and demanded that the BSF should arrange for proper medical treatment of the victim. At this the BSF officers once again brought Chhanarul to Sadikhardiar Primary Health Centre where he was admitted for treatment.

On the next day, that is on 3 March they referred Chhanarul to be admitted at the Berhampore New General Hospital. Accordingly Chhanarul was admitted at the Berhampore New General Hospital. There, Chhanarul received treatment for seven days.

On 3 March the Chhanarul’s father went to the Jalangi Police Station with a written complaint narrating the entire incident. He urged the police to initiate an investigation in the case and to take immediate legal actions against the BSF. The police though received the written complaint have not taken any action till date upon the complaint.

On 7 March the victim was discharged from the hospital and he returned home. He is still undergoing medical treatment and is staying at home. In the meantime the Jalangi police informed Chhanarul that a criminal case is registered against the victim vide Jalangi PS Case No. 144 / 2012 dated 2 March 2012. In the case it is accused that Chhanarul has violated section 12 the Indian Passport Act 1967. The complaint also alleges that it is initiated on the basis of a complaint received by the police against Chhanarul filed by Mr. N. S. Negi, Inspector, ‘B’ Company of 91 BN BSF.

Chhanarul was apprehended by the BSF near the Customs Office and BSF Company Head Quarter building. However in the complaint before police, the BSF has stated that Chhanarul was apprehended from Border Post No. 157/17 R. MASUM has came to know that Chhanarul does not possess a passport. The allegation made against the victim is fabricated.

On 12 March the victim went to the Jalangi Police Station to produce himself for investigation on the case now accused against him. The police took Chhanarul to the Berhampore Chief Judicial Magistrate Court. On the same day the court released the victim on bail.

On 20 March at about 1 pm MASUM met Dr. Krishnendu Roy of Sadhikhardiar Primary Health Centre. When asked about Chhanarul and the report Dr. Krishnendu had prepared in Chhanarul’s case the doctor could not give any cogent explanation. However by this time the physical condition of Chhanarul became such that he could not move alone. MASUM thus made arrangements to shift Chhanarul to Sramajibi Hospital, Belur, Howrah. There, Chhanarul received treatment for another three days. MASUM kept Chhanarul at a shelter run by MASUM under the United Nations Voluntary Fund for Victims of Torture project. As of now Chhanarul continues receiving treatment.

I therefore request you:

1. That the statement of the victim is immediately recorded and the case investigated;
2. Immediate criminal actions taken against the BSF officers against torture;
3. The victim who is hurt be immediately provided medical treatment;
5. The victim paid an interim compensation by the government.

Please not that Human Rights Ambassador for Salem News.com has wrote separate letter to the UN Special Rapporteur on Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment calling for further intervention in this case.

Yours sincerely,

William Nicholas Gomes

Human Rights Ambassador for Salem News.com

www.williamgomes.org

Ghana, Others Lose In Gold Boom

Ghana and other African countries are not cashing in enough from its large gold resources, despite the spiraling price of the precious metal over recent years, according to African Development Bank’s (AfDB’s) working paper.
The paper, entitled ‘Gold Mining in Africa: Maximising Economic Returns for Countries ’, points out that gold mining is a significant activity in at least 34 of the continent’s 54 countries.
Africa’s annual average gold production is 480 metric tons, or 20 percent of the total average annual global output of 2,400 metric tons.
The price of gold has soared by more than five times since 2000.  At more than USD 1600 an ounce, the spot price of gold is at an almost unprecedented high, surpassed only by the spike experienced in 1980.
However, African governments and the peoples of Africa are not benefitting as much as they could from this boom.
A key factor is unfair concession agreements, say the authors of the paper, which severely limit the gains from gold mining that remain in the producing countries.  This particularly applies to the royalty rate stated in the agreements.
The authors point out: ‘Our analysis shows that royalties, as a share of production cost, are low in Africa.’
They also note that most gold mines in Africa are majority-owned by foreign multinational companies, so the main way that African countries benefit from gold production is through tax revenues.  However, many mining companies have negotiated tax exemptions far above the provisions in the relevant mining code.
Not only does this mean governments are not receiving a fair share of gold revenues, it is holding back development in Africa.
In some cases, African governments have taken action to solve the problem, which is not always restricted to gold but applies to other mineral concessions.
The paper cited the example of Liberia. In 2006, the current Liberian government ordered a review of concession agreements signed in the country between 2003 and 2006.  Of the 105 contracts reviewed, 36 were recommended for outright cancellation and 14 for renegotiation.  Whether Liberia received a fair share was one of the key evaluation criteria for cancellation or renegotiation.