The Commission on Human Rights and Administrative Justice (CHRAJ) has reaffirmed that the Trokosi practice is unconstitutional and abolished under the laws of Ghana. According to the Commission, no traditional, spiritual, or customary practice is above the 1992 Constitution of Ghana, especially where such practices violate human rights, human dignity, and freedom.
This education was delivered by Mr. Quarcoo Noah Klenam, popularly known as “Another,” an official of CHRAJ, on the airwaves of Fafaa 100.3 FM during the Duamenefa Social Intervention Programme in an interactive session with the Executive President of the Duamenefa Foundation, Mr. Ketaman Emmanuel Evortepe.
Mr. Quarcoo Noah Klenam cited key provisions of the 1992 Constitution of Ghana in support of his position. He referenced Article 15, which guarantees respect for human dignity and prohibits cruel, inhuman, and degrading treatment. He also cited Article 16, which protects individuals from unlawful interference with their privacy, home, and property. In addition, he referenced Article 28, which guarantees the protection of children and prohibits abuse, neglect, exploitation, and exposure to harmful cultural practices. He further cited Article 26(2), which clearly prohibits all customary practices that dehumanise or are injurious to the physical and mental well-being of a person.
According to him, these constitutional provisions collectively make it clear that no traditional or cultural practice, including Trokosi, can be justified if it violates human rights or subjects individuals to servitude or harm.
He further referenced Ghana’s criminal legal framework, including provisions under the Criminal Offences Act, 1960 (Act 29), which criminalises unlawful confinement, deprivation of liberty, and other acts that restrict a person’s freedom. He also cited the Human Trafficking Act, 2005 (Act 694), which prohibits all forms of forced labour, exploitation, and servitude, including those justified under cultural or traditional claims. He explained that these laws reinforce the constitutional position that no person can be held or compelled into servitude under any guise.
Mr. Quarcoo Noah Klenam further stated that international human rights laws and conventions also condemn practices that amount to slavery, forced labour, or human servitude. He noted that Ghana, as a member of the international community, is bound by these principles, which further strengthen the illegality of such practices.
He added that even traditional forebears and custodians of culture in earlier times recognized such practices as harmful, and in many communities they were gradually abolished from traditional worship systems due to their dehumanising nature.
He further stated that upon all these constitutional and legal provisions, if any shrine leaders or custodians confirm that their practices are responsible for the death of any person, such individuals must be ready to face the law. He added that any shrine demanding a human being for servitude, whether initiated by the shrine itself or supported by any family, is illegal and unconstitutional and those involved must be ready to face legal consequences.
Mr. Quarcoo Noah Klenam further stated that where the Constitution does not allow any spiritual or customary practice, it must not be practiced by anyone. He stressed that what is wrong under the Constitution is wrong for everyone, and all citizens must obey the law without exception.
His comments were in reference to the Afife Agamefe shrine controversy, where it was alleged that some individuals were required to serve as human servants to the gods. The case was further linked to alleged misconduct leading to the deaths of certain persons. It was also alleged that after their deaths, their bodies were kept in the mortuary, with traditional demands reportedly made before burial could take place. These concerns were brought to the attention of the Duamenefa Foundation through a petition for investigation and intervention.
According to Mr. Quarcoo Noah Klenam, the Constitution of Ghana does not permit such practices, stressing that the Trokosi system has been abolished under the country’s constitutional order. He emphasized that any shrine or fetish priest still engaging in such practices is acting against the law and that such practices are unconstitutional.
He further stated that individuals or groups who continue such practices risk facing the full rigours of the law, as the Constitution protects the rights and freedoms of all citizens and does not support any form of servitude under traditional or spiritual claims.
Mr. Quarcoo Noah Klenam also questioned the foundation and justification of the Trokosi system, stating that it appears inconsistent with justice and fairness. He argued that it is questionable how one person could allegedly commit an offence while another person is made to suffer the consequences. He further expressed concern that the system predominantly affects only the girl child, describing it as discriminatory and a violation of the rights of the girl child.
He added that the exclusive use of girls in the practice raises serious human rights concerns, stressing that it amounts to infringement on the rights and dignity of the girl child as protected under the Constitution.
He further emphasized that all cultural and traditional practices must comply with the Constitution of Ghana, and anything that violates human rights cannot be justified under tradition.
After his narration, the Executive President of the Duamenefa Foundation, Mr. Ketaman Emmanuel Evortepe, used the opportunity to thank him for the public education delivered. He stated that the Duamenefa Foundation is not established to condemn any belief or traditional practice, but to ensure that the right thing is done in line with the Constitution of Ghana.
Mr. Evortepe further noted that Afife is a very respectable community with respected people, and therefore all matters must be handled strictly in line with the Constitution of Ghana. He added that the Duamenefa Foundation stands to protect everyone within the framework of the Constitution and promote fairness, justice, and peace in all communities.
He further noted that the Foundation’s focus is on peacebuilding, justice, and guiding communities to operate within the law while respecting both cultural values and human rights.
He further emphasized that continuous public education on human rights and constitutional provisions is essential in reducing misunderstandings surrounding traditional practices. According to him, many conflicts arise due to lack of awareness of what the law permits and prohibits, especially in rural communities where cultural practices are deeply rooted.
Mr. Evortepe noted that collaboration between state institutions such as CHRAJ, traditional authorities, and civil society organisations like the Duamenefa Foundation plays a key role in promoting peaceful coexistence. He explained that when all stakeholders work together, it becomes easier to address sensitive cultural issues without creating tension or disrespecting tradition.
He also called for increased engagement with shrine custodians and community leaders to help them better understand constitutional boundaries. He stressed that constructive dialogue, rather than confrontation, remains the most effective way of ensuring compliance with human rights standards while preserving positive aspects of tradition.
The Duamenefa Foundation Executive President further highlighted the importance of protecting vulnerable groups, especially women and children, in all cultural settings. He said any practice that exposes individuals to exploitation or fear must be carefully reviewed and addressed in line with national laws and international human rights principles.
He concluded by urging the public to remain law-abiding and report any suspected human rights violations to the appropriate authorities, assuring that the Foundation will continue to serve as a bridge between communities and state institutions in promoting justice, peace, and accountability.
By Hutor Dziwornu, Fafaa 100.3 FM, Dzodze