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COMMISSION ON HUMAN RIGHTS AND
ADMINISTRATIVE JUSTICE (COMPLAINT
PROCEDURE) REGULATIONS, 1994 (CI
7)
ARRANGEMENT OF REGULATIONS
Regulation
1. Lodging a Complaint.
2. Contents of Complaint.
3. Transmission of Complaint and
Preliminary Investigation.
4. Mediation.
5. Full Investigation.
6. Investigation Panels.
7. Report to Commission.
8. Investigation by Regional and
District Offices.
9. Submission of Monthly Reports.
10. Final Decision on Complaints.
11. Interpretation of Action.
12. Interpretation.
IN exercise of the powers
conferred on the Commissioner for
Human Rights and Administrative
Justice under section 26 of the
Commission on Human Rights and
Administrative Justice Act 1993
(Act 456) these Regulations are
made this 1st day of September,
1994.
Regulation 1—Lodging a Complaint.
(1) A complaint to the Commission
shall be made in writing or orally
to the national office of the
Commission or to a representative
of the Commission at the regional
or district branch of the
Commission.
(2) Where the complaint is in
writing, it shall be addressed to
the Commissioner or to his
regional or district
representative and shall be signed
or thumbprinted by the complainant
or his agent.
(3) Where the complaint is made
orally or the complainant cannot
read and write, the complaint
shall be reduced into writing by
the officer at the registry of the
Commission or its branch to whom
the complaint is made or by any
other person chosen by the
complainant.
(4) A person who reduces into
writing the oral complaint of any
person shall—
(a) read over and explain the
contents to the complainant;
(b) declare on the document that
the complainant has fully
understood or appeared to
understand and appreciate the
content of the complaint; and
(c) cause the complainant to
append his signature or thumbprint
to the written complaint.
Regulation 2—Contents of
Complaint.
(1) A complaint lodged with the
Commission shall contain—
(a) the full name and contact
address of the compliant;
(b) the body, organisation or
person against whom the complaint
is made;
(c) particulars of the nature of
the complaint together with
copies of any document in support
of the complaint;
(d) the nature of the injustice or
harm that the complainant has
suffered as a result of the
action, inaction or omission of
the body or organisation or person
against whom the complaint is
made; and
(e) the relief sought by the
complainant.
(2) A person who lodges a
complaint with the Commission on
behalf of another person shall
state in writing the capacity in
which he does so and the reason
for so doing.
(3) A complainant shall be given a
reasonable time (depending on the
circumstances of the case) within
which to check on his complaint.
(4) Where a complaint lodged with
the Commission is not pursued for
three months from the date it is
lodged, the complaint shall lapse
thereafter.
Regulation 3—Transmission of
Complaint and Preliminary
Investigation.
(1) Where the Commissioner
considers that a complaint lodged
with the Commission is a matter
within the function of the
Commission, he shall cause a copy
of the complaint to be transmitted
to the head of the body or
organisation or the person against
whom the complaint is made with a
request for comment and response.
(2) The head of the body or
organization or person against
whom the complaint is made shall
within ten days from the date of
receipt of the complaint or such
further period as the Commissioner
may specify submit his comments or
response to the Commissioner.
(3) The Commissioner or his
representative may assign an
investigator or officer of the
Commission to make a preliminary
investigation into any complaint
lodged with the Commission.
(4) The Commission may for the
purposes of performing its
functions require the services of
a member of the Police Force or
any public institution with expert
knowledge relevant for redressing
any particular complaint.
Regulation 4—Mediation.
(1) Upon receipt of the comments
or response the Commissioner,
where he considers that in view of
the response, the complaint could
be mediated upon and settled, may
invite the parties concerned and
attempt a settlement of the issue
between the parties.
(2) No provision of these
regulations shall preclude the
Commission on receipt of a
complaint from inviting the
parties concerned and attempting a
settlement of the issue between
the parties.
Regulation 5—Full Investigation.
(1) Where the Commission decides
to institute a full investigation
into a complaint, the Commission
shall in writing invite—
(a) the complainant;
(b) a representative of the body,
organisation or person against
whom the complaint is made; and
(c) such other persons as are
considered by the Commission to be
concerned in the investigation to
attend to be interviewed by the
Commission at a date, time and
place specified in the notice.
(2) The date for attendance shall
not be less than seven days from
the date of the notice.
(3) A person appearing before the
Commission in answer to a
complaint shall—
(a) be informed again of the
particulars of the complaint and
the relief sought;
(b) be afforded full opportunity
to answer the complaint and to
question any witness.
(4) Any person who appears before
the Commission in any
investigation shall be given a
fair hearing.
(5) Persons appearing before the
Commission to be investigated
shall appear in person and may be
represented by counsel.
(6) Records of the investigation
shall be kept in writing.
Regulation 6—Investigation Panels.
For the purposes of Regulation 5
the Commissioner may on the
recommendation of any other member
of the Commission, an investigator
of the Commission or any other
officer of the Commission,
constitute a panel to investigate
any complaint and report to the
Commission.
(2) The panel shall be composed of
a chairman who shall be a member
of the Commission or any legal
officer in the employment of the
Commission and not less than two
other officers of the Commission.
(3) Notwithstanding sub regulation
(2) of this regulation there may
be co-opted on any such panel such
person as the Commissioner may
approve.
(4) A person appearing before a
panel under these regulations may
raise an objection to the
membership of the panel to the
Commissioner who shall determine
the issue.
Regulation 7—Report to Commission.
(1) A panel composed under these
regulations shall make a full
report in any matter before it
with its recommendations to the
Commission.
(2) The Commission shall consider
every report submitted under
sub-regulation (1) and may accept
or reject the recommendations or
ask for further investigations.
Regulation 8—Investigation by
Regional and District Offices.
An officer appointed as the
regional or district head of a
branch of the Commission shall
ensure the prompt investigation by
officers in the region or district
of all complaints and may refer
complaints to the national office
where he considers it necessary or
where directed by the
commissioner.
Regulation 9—Submission of Monthly
Reports.
(1) The head of a district office
of the Commission shall within
five days of the end of every
months submit to the head of the
regional branch of the Commission,
a report of all complaints
investigated by the district
office in the preceding month and
recommendation of the office on
the complaints.
(2) The designated head of a
regional branch of the Commission
shall submit a monthly report on
all complaints investigated by the
district offices and the regional
office together with the
recommendations to the national
office.
Regulation 10—Final Decision on
Complaints.
The final decision in any
complaint lodged with the
Commission shall be taken by the
Commission.
Regulation 11—Interpretation of
Action.
For the purpose of sections 9 and
18 (2) of the Act, the Commission
may by writing authorise any
public officer to bring an action
in any court in the name of the
Commissioner.
Regulation 12—Interpretation.
In these Regulations—
"Act" means the Commission on
Human Rights and Administrative
Justice Act, 1993 (Act 456).
Dated at Accra this 1st day of
September, 1994.
EMILE FRANCIS SHORT
Commissioner for Human Rights and
Administrative Justice
Date of Gazette Notification: 14th
October, 1994.
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