KEYNOTE ADDRESS By Justice Gertrude Sackey Torkornoo, The Honorable Chief Justice of The Republic of Ghana 32ND ANNUAL AFRICA PEACE AWARDS “The critical role of women in justice and peace building in Africa- the Ghana experience’’
Source: judicial_service_of_ghana
Date: 2024-04-25

KEYNOTE ADDRESS By Justice Gertrude Sackey Torkornoo, The Honorable Chief Justice of The Republic of Ghana 32 ND ANNUAL AFRICA PEACE AWARDS [1] “The critical role of women in justice and peace building in Africa- the Ghana experience’’. Dr. Luke Wood, President of California State University, Sacramento Prof. Ernest Uwazie, Director, Centre for African Peace and Conflict Resolution (CAPR) Members of Faculty, Centre for African Peace and Conflict Resolution Students of the Centre for African Peace and Conflict Resolution Distinguished Guests, Ladies and Gentlemen; To state my delight in sharing this evening with you in a short sentence or phrase would be to mute this truly exceptional experience that started on a barmy evening spent here in Sacramento in April 2011. That was the year that Chief Justice Georgina Theodora Wood was the guest of honor for the annual peace awards of the Centre for African Peace and Conflict Resolution (CAPR). I came from San Francisco, where I was doing an LLM Program in Intellectual Property Law, to join her that evening. I thoroughly enjoyed that evening, and tucked it away with the pleasantness that San Francisco, Santa Rosa, and my different bits of engagements in that year away from my regular work as a Judge had become. Little did I know that it would be connected to today. As I sat in the experience of the Family Justice Center yesterday, I began to appreciate how significant that evening in April 2011 was. Having taken the baton in the relay of Chief Justice of Ghana in June 2023, I knew without any shadow of doubt yesterday that I will do all I can in my power to continue with the nurturing of seeds and plantings of an integrated family justice system that my predecessors have securely sown in Ghana. So allow to begin by thanking God for this partnership between Ghana and the Centre for African Peace and Conflict Resolution (CAPR). It is certainly bringing light to many in circumstances that darken the path of humanity – when the danger to life and well-being is found within the walls of ‘home’, and not outside its walls. I am profoundly honored by the kind invitation to address you on this 32 nd Annual Africa Peace Awards of the CAPCR, and to receive the award of Judicial Service of Ghana. I also thank the Director of the Centre, Prof. Ernest Uwazie and the Board for the invitation. I appreciate the CAPCR’s strong partnership with Ghana’s Judiciary in promoting strength in access to justice, especially through Alternative Dispute Resolution mechanisms. I assure you that your efforts have borne much fruit in Ghana, and will continue to do so, under my leadership. I am also grateful to the University community and friends of the CAPCR from various communities in and around Sacramento for the warm welcome that we have received since our arrival here. Let me also take the opportunity to congratulate the Centre for the historic achievement of 32 years in one of the best causes that resources can be mobilized for. Distinguished guests, in addressing the theme of “ The critical role of women in peace and justice building in Africa – The Ghana Experience ”, I would like us to contemplate one of Ghana’s rich legacies to the comity of nations – in addition to jollof and chocolate, of course. I speak of an adinkra symbol called ‘mpatampo’. But before shedding full light on the ‘mpatampo’ symbol, I trust that are all agreed that justice is the ethical, philosophical presumption that people ought to be treated equally, impartially, fairly, properly, and reasonably by others. Justice is an expression of the mutual recognition of every person’s basic dignity, and an acknowledgement that if we are to live together in an interdependent community, then we must do so in a manner that allows us to thrive, and not just survive. Justice also requires that laws are crafted to protect from harm and where harm is alleged, opportunity is given for remedial action to be taken through which both the accuser and the accused receive a morally right consequence merited by their actions, or inactions. What is significant though, is that within this cut, dried, bamboo straightened order, human failings and strengths often call for some middle road that the adjudicatory process managed by courts cannot effectively touch and correct. Clearly, peace building must not only resolve injustice in non-violent ways, but must transform any fossilized conditions that have the potential to cause the degeneration of conflict. Peace building must respond to conflict management and produce a landscape that is conducive to conflict prevention; including transformation into post-conflict harmonies. It is in such forward looking perspectives, that we can expect to build societies, institutions, and communities that are better able to sustain peace and justice. This is why a focus on restorative justice, and not just retributive justice, will assist to build more resilient societies. In the akan language group spoken by many ethnic groups from the middle and southern belts of Ghana, the word ‘adinkra’ means ‘saying good bye’. That is the meaning of the word. However, beyond the word, Adinkra is also a language that is not spoken. It is a language found in artistic expressions, each symbol communicating a phrase, a concept and a philosophy. Whenever you visit Ghana, you will find adinkra symbols wrapping around you, from the symbol of a stool at the airport, which is the symbol for welcome, or akwaaba, to adinkra symbols emblazoned in jewelry, furniture, shoes, books, to icons adopted as trade marks, and for institutional identity. History informs that the adinkra language evolved in the weaving of fabrics, much like our well known kente, through which the Akan peoples communicated inter-generationally. Today, it is part of Ghana’s identity, along with kente, gold, chocolate, and jollof. One well known adinkra symbol is the ‘mpatampo’. The concept of ‘Mpata’, or pacification, starts whenever there is conflict and steps are taken towards conflict management and resolution. The one who has caused hurt is urged to, and may make an offer for peace. The ‘mpata’, becomes the peace offering – a doctrine well known in the Judeo Christian tradition. It may take the form of sending a message to the harmed through a mediator, or a drink, or any token of courtesy. If the offering is accepted, the ‘would have been’ victim must show acceptance of the pacification by tying a knot of peace with the offeror. The akan word for ‘knot’ is ‘mpow’. The process of tying an ‘mpatapow’ (a pacification knot) therefore reflects that an offer of pacification has been accepted, and disputants have moved from conflict into reconciliation. Reconciliation starts the journey of restoration. In ancient Akan tradition therefore, it has always been understood that restorative justice is available from a process of steps. Healing from conflict requires steps of movement, until parties whose faces had turned from each other, begin to face each other, reach their hands towards each other and work with unified hands to show the world that they have arrived at a common place. The mpatapow is the evidence of the symphonies of grace, humility, acceptance, reintegration and peace. This symphony however cannot be premised on rules of evidence, or strict apportionment of blame and benefits, as retributive justice based on law is designed to work. Fortunately, it is the beautiful restorative justice process that all alternative dispute resolution mechanisms understand and underscore. Not retributive, but restorative justice. So in reporting to you regarding ‘ the Ghanaian experience of the critical role of women in justice and peace building ’, I wish to focus on these threads of restorative justice that have always been part of our justice system, and are becoming increasingly mainstreamed into our formal justice delivery structures. As you may well know, the sources of law in Ghana’s Constitution include the common law of Ghana. By article 11 (2) ‘ The common law of Ghana shall comprise the rules of law generally known as the common law, the rules generally known as the doctrines of equity, and the rules of customary laws including those determined by the Superior Courts of Judicature ’. Thus it is, that the customary law of all ethnic groups in our kaleidoscope of ethnic groups is woven into enforceable law within Ghana’s Constitution The necessity for the involvement of women in peace building has never been in doubt. The 2016 Africa Human Development Report observed that ‘ ’Only inclusive engagement of both women and men is likely to lead to sustainable peace, as wide representation will better ensure that the emerging peace is owned by both females and males, and their needs and perspectives are included ”. In Ghana, our customary law structures has assisted with this position. An extremely important category of women in almost all Ghanaian ethnic groups around whom justice and peace building has revolved for centuries are Queen Mothers. Queen Mothers are highly respected and influential female leaders from royal lineage. They play critical roles in promoting peace, resolving disputes, and safeguarding cultural heritage. While chiefs are often the public face of leadership, the work of Chiefs is guided by the advice of their Queen mothers, the women with the ultimate word in who becomes a king or chief for most matrilineal communities. The Queen Mothers, or Ahemaa assist with management of conflicts between families, communities and chiefdoms. And when decision making gets tough, it is a well understood principle in Ghanaian customary law, that the wise lady is given the privilege of pronouncing the ultimate solution. Through this usually unknown and unsung but structurally solid justice delivery system, the traditional courts of queen mothers and the judicial committees of our traditional councils and houses of chiefs absorb many of the disputes that could have clogged the courts. They form a ring of justice delivery mechanisms around the courts with rules for recognition of their outcomes, such that decisions and settlements reached are enforceable in our formal court systems. I am personally convinced that it is the strength of our customary justice structures that has stood against the fragilities of nation building that the colonial experience could have engendered. While these ancient structures have provided a bedrock for the respect given to women’s voices, women’s involvement in the formal court system rose slowly from the early years in the march towards independence. Justice Annie Jiagge, who is quoted as saying “ Injustice eats me internally. I get very restless when I come in touch with it ”, was the first Ghanaian women to qualify as a lawyer, the first woman to become a judge in Ghana, and the first female president of the Ghanaian Court of Appeal. After initially establishing a private practice upon her return to the Gold Coast after studying to be a lawyer, she quickly received one judicial appointment after another. She was appointed as a Magistrate in 1953, a Circuit Court Judge in 1959, a Judge of the High Court in 1961 and to the Court of Appeal, then the highest court in Ghana, in 1969. She became president of the Court of Appeal from 1980 until her retirement in 1983. And then there is Justice Bamford-Addo who was the first female Justice of the Supreme Court of Ghana. She served in that role from 1991 until 2004, when she retired voluntarily from the Supreme Court. Following the 2008 presidential and parliamentary elections, she was elected unopposed as the Speaker of the Fourth Parliament of the Fourth Republic of Ghana. Over these years, the numbers of women in the Judiciary grew slowly but steadily. From this modest history of women’s involvement in the formal court system, and although it would seem that it took a long coming, Ghana now seems to be heading quite fast towards the tipping point when it comes to the contribution of women in formal justice delivery. There is a significantly increasing representation of women in Ghana’s Judiciary, that cannot be ignored. The past four years have seen a very definite shift in the number of Judges/Magistrates in the Judiciary. In the 2022/2023 Legal Year, the Judiciary recorded a total of 218 females as compared to 138 females in 2019, signifying an increase of approximately 58% in the numbers of women who joined the Judiciary within the four year period. While there are still more male Judges/Magistrates than women, the overall rate of increase of men in the Judiciary was a much lower 8% over the same four year period. Ghana’s Judiciary is fast and strongly getting feminized. And there is the recent trilogy of female Chief Justices– starting with Chief Justice Georgina Theodora Wood in 2007, after more than a century of having male Chief Justices, Chief Justice Sophia Akuffo in 2017 and myself in 2023. As far as back as 2005, Ghana started her journey in the active introduction of court connected ADR mechanisms. That modest effort bloomed under the watchful eyes of Chief Justices and today, most District and Circuit Courts have well fitted facilities with registered mediators to assist parties to resolve disputes through ADR. Child friendly courts are being main streamed. The resolution of commercial disputes through ADR facilities has been given particular attention within this matrix. Of course, just as all is not doom and gloom, all is not bloom. Women in law continue to face the challenge of sexism and the consistent specter of sexual harassment in the work place, including gendered bias and overt and subtle discriminations. Cultural stereotyping and prejudices that undermine the abilities of women and their credibility as leaders is never far off the surface. Equally challenging is the balancing of professional responsibilities with family obligations in a society that frowns on a choice not to have children, or to cook or clean when a professional is a woman. Long working hours, demanding caseloads, and inflexible work environments may therefore affect the ability of women to manage their personal and professional lives effectively. In spite of these challenges I have recounted, I am convinced without a shadow of doubt that the critical role that Ghanaian women play in justice and peace building can only keep growing in prominence. The achievements of women as social leaders, and leaders in restorative or retributive justice, cannot be dimmed. So within the limited time available tonight, I am glad to report that Ghana is a community in which the voices of women in justice delivery have always been present and heard. The voices of women have been used for good. The voices of women over the centuries, and to date, have helped to create a resilient national fabric as strong as our kente, as subtly indicative of restorative peace building as the mpatampo, and as forward looking as the symphony of the adinkra language. On Monday 8 th April 2024, I presented a vision statement to the nation that is premised on building strong pillars of law, ethics, assets and digitalization for justice delivery. And I am looking forward with all confidence that Ghana’s partnership with the Center for African Peace and Conflict Resolution can only grow stronger as we weave the tapestry of justice and peace building together. Thank you for your kind attention. [1] April 13, 2024, California State University, Sacramento Prev Next