Introduction
1.1 Background and Context
This article discusses how customary silence often justified as tradition or moral order hinders the full exercise of constitutional rights in Northern Ghana. It examines how sociocultural norms of silence in Dagbon, combined with legal apathy, strip marginalized groups of the rights to voice grievances, access justice, and live with dignity. Through the investigation of the conflict between customary law and constitutional rule, this inquiry, grounded in legal texts, case law, and philosophy, defends the claim that traditions need to progress not at the cost of culture, but in the name of justice.
Ghana’s legal system rests on the 1992 Constitution’s supremacy, which guarantees fundamental rights and freedoms of every person within the country’s borders. These rights are not conditional, regional, or culture-dependent; all citizens possess entitlements in accordance with the law. However, in several rural areas of Northern Ghana, particularly those with deeply entrenched customary governance structures, these constitutional rights too often remain suspended in silence.
1.2 Constitutional Framework and Guarantees
The fundamental human rights and freedoms enshrined in this chapter shall be respected and upheld by the Executive, Legislature and Judiciary and all other organs of government and its agencies and, where applicable to them, by all natural and legal persons in Ghana, and shall be enforceable by the Courts as provided for in this Constitution.
Every person in Ghana, whatever his race, place of origin, political opinion, colour, religion, creed or gender shall be entitled to the fundamental human rights and freedoms of the individual contained in this Chapter but subject to respect for the rights and freedoms of others and for the public interest .
In Article 12(1) of the Constitution states that the fundamental human rights and freedoms enshrined in Chapter Five “shall be respected and upheld” by not only the Executive, Legislature, and Judiciary but also “all other organs of government” and it.
Additionally, Article 26(2) of the Constitution 1992 states “all customary practices which dehumanize or are injurious to the physical and mental well-being of a person are prohibited.” This provision responds to practices such as child marriage and the forced silence surrounding abuse, as well as gender-based denial of inheritance. These practices are, in part, supported by cultural norms which value tradition and community image over justice for individuals. Equally, in Article 28 safeguards children from working in hazardous occupations that undermine their welfare or education; however, these rights remain routinely violated under the cloak of cultural silence.
Also prohibited under Article 17 of the Constitution 1992 is discrimination based on sex, ethnicity, social origin, or custom. However, the institutional framework of most customary systems embeds patriarchal bias that elevates male voices and authority, making mothers, women, and children absent figures concerning land ownership, conflict resolution, and public decisions. Even when the law is clear, lack of government action and victims’ unwillingness to speak out leads to silence prevailing over justice. Most importantly, Article 33 of the Constitution 1992 allows for rights to be enforced through the courts.
In communities were speaking up is considered taboo, going to court is viewed as a betrayal to both the family and culture. The prospects of communal backlash, combined with low levels of education regarding the law, limited access to legal aid, and sparse opportunities for actually attaining justice, creates a significant barrier. The gap between what is written in the constitution and what people actually get to experience in reality is huge. What is written, no matter how eloquent, remains as hollow fantasies unless actively fought for.
1.3 The Power of Customary Silence
Tradition has conditioned people to remain silent in Northern Ghana. This goes beyond mere culture it encompasses dispute resolution, daily life, the existing social hierarchy, and power dynamics. Silence, especially in the Northern Region of Ghana, is something that has been instilled within women and children. They experience this silence as they grow up through proverbs and social customs that equate disrespecting silence with rebellion.
And while veneration for aged people in society is not inherently problematic, the shackles of enforced silence erode legitimate grievances and constitutional safeguards. However, according to United Nation meetings coverage and press releases that; “Relativist claims on culture do not absolve States from their human rights obligations.”
Chieftaincy and family heads retain chieftaincy command and jurisdiction in this practice. In Dagbon, the voice of the Yaa Naa, his sub-chiefs, and elders are more influential in resolving community conflicts than a district court’s judgment. Issues such as domestic violence, defilement, and child marriages are resolutely addressed at the family or palace level where victims are expected not to “escalate matters to the whites’ court or disgrace the family.” This unwritten rule cultivates an atmosphere where accountability becomes impossible and impunity becomes the norm.
Lately, Northern Ghana has seen some pretty troubling incidents that show just how deeply things like silence and traditional practices are still blocking justice and human rights. For example, in Tamale, there was a violent clash between two rival vigilante groups, and they even used unregistered guns. Even though this blatantly broke the Arms and Ammunition Act of 1962 and posed a real danger to public safety, most people and local leaders kept quiet. Many were probably afraid of retaliation or cultural backlash, so they didn’t speak up. Things get even more alarming in Zogbeli, a neighborhood in Tamale.
However, an elderly man reportedly had sex with a girl under 16 in Zogbeli (Tamale), got her pregnant, and this is clearly against Ghanaian law. Under the Criminal Offences Act 1960, any sexual activity with someone under 16 is considered defilement , no matter what. The Children’s Act 1998 also protects kids from abuse and exploitation. But instead of involving the police, the families are trying to handle it through traditional mediation. Meanwhile, the alleged offender is still free, and the girl’s right to justice isn’t being seen.
This shows how sometimes culture is used to cover up legal issues, denying victims justice and weakening the protections meant to help the vulnerable. Back in my village, two kids were recently pulled out of school in troubling ways. One was taken by his parents after they bought a tractor and put him to work on the farm full time. The other was pulled out because his dad said the boy weeded better than him during weekend farm work, so they thought school wasn’t worth it. When teachers tried to visit and talk about bringing them back, they faced hostility and even threats.
The parents warned that anyone who tried to interfere again might face violence or even be killed . These kinds of stories, which are often brushed off as just local issues, actually emphasize a bigger problem: the normalizing of violence, silence, and intimidation all in the name of tradition. While culture and customs are part of what makes Ghanaian society special, they shouldn’t be used as excuses to block justice or deny children and women their basic rights under the Constitution and laws
1.4 Gendered and Childhood Impacts of Silence
Women especially are expected to remain mute in the presence of wrongdoing. A woman who lodges a complaint against her husband for physical assault is vilified and told to make peace. In the context of inheritance and properties, daughters and widows are excluded, not because the Constitution does not provide for them, but due to patrilineal customs; to fight against such policies is to fight tradition, and silence is the cost of compliance. This culture of silence is one that children are raised to accept.
In rural localities, children are discouraged to report abuse perpetrated by either family members or people in authority or else risk being labeled as liars or told they lack respect. The victims of child labor or underage marriage often do not understand that they are being exploited, because living in silence is all they have ever known. Imagine reporting a guardian or carer that often provides you with food and shelter to the police this is beyond comprehension for most.
Back in 2022, CHRAJ emphasized a really disturbing case from the Northern Region.
A 15-year-old girl from Saboba was pulled out of school and forced into marriage. When her aunt tried to report what was happening to the local police, the family head insisted that they shouldn’t bring any shame to the family. Cases like this show that cultural silence isn’t just about tradition; it’s often a way people hide their basic rights. NGOs like Savannah Women’s Voices have also shared stories of women being silenced after speaking up about abuse. Local chiefs have warned women to stay quiet so they don’t embarrass their families in court.
Even though places like Tamale have units like DOVVSU to support victims of domestic violence, districts such as Karaga, Tatale, and Chereponi don’t have them. Women and others in these areas face a tough double whammy cultural norm that discourage speaking out and a lack of legal help. When they do seek support, the legal system often feels unhelpful or unprepared, leaving survivors with little understanding or assistance. This gap means many rights protected by the Constitution like those in Articles 28, 33, and 26(2) of the Constitution 1992 go unseen and unchallenged.
.5 Institutional Complicity and Professional Silence
People with formal education do not escape this burden either. Social workers, midwives along with support staff in hospitals sometimes turn a blind eye to flagrant misconduct practiced by local leaders or overly dominant chiefs due to fear of social ostracism, pending relocations, or career sabotage. The unspoken boundary is “keep your head down” and “shut your mouth,” even when it comes to legal issues. A people group’s culturally induced silence, aside from personal and familial injustice, further serves to stifle collective social practices that devolved from harmless into violently injurious over time.
An illustrative example is the yearly Bugum Chugu, or Fire Festival, cultural celebration in Dagbon and parts of Northern Ghana. Although it was historically symbolically and identity linked, the festival has lately been associated with rampant violence, destruction of properties, and in some instances deaths. Young people, often wielding clubs, cutlasses, or even makeshift firearms, rampage through the streets during the festival. Therefore, States must not invoke cultural relativism as an excuse to avoid the universal obligations they have freely entered into.
In many societies, what starts out as celebration can quickly turn confrontational, resulting in destructive violence. When these outcomes are questioned, community members and leaders alike are quick to claim, “This is how it has always been.” Often, law enforcement is absent, and political leaders sidestep blame out of fear for disrespecting culture. Violence opposition is deemed social suicide, branded as Dagbon identity and tradition betrayal. Hence, a government’s failure to protect against culturally condoned violence is tantamount to complicity.
1.6 Firearms and Funerals: Legal vs Customary Conflicts
Amidst this chaos, another pressing issue is the shooting of firearms during funerals of royals or high-ranking officials. Gunfire rituals performed in their honor or as demonstrations of courageous acts are routine, but tend to come with surges of injury and death. Most firearms are illegal, defying the Arms and Ammunition Act, 1962 (Act 118) . Still, such law breaches go unpunished. Engaging in these violent festivities is cloaked as tradition, showing disregard for Articles 13 of the Constitution 1992, which disregards public safety.
1.7 Customary Law in Ghana’s Legal Hierarchy
The interaction between custom and constitutional law in Ghana is complicated and problematic. The Constitution accepts custom law to a point, considering it subordinate to the Presidential law. Article 11 of the 1992 Constitution attempts to assimilate customary law into Ghana’s legal framework by admitting it as part of the legal system, but only if it does not contradict the Constitution. This balance is beneficial to a pluralist society like Ghana, living in the reality where ancient traditions have to coexist with modern legal systems. However, in reality, customary silence norms still exercise absolute power in many parts of the North, thereby contravening constitutional guarantees.
1.8 International Obligations and Philosophical Support
Ghana is obligated by treaties such as CEDAW, CRC, and African Charter on Human and Peoples’ Rights to discontinue customs that are injurious to women and children. Philosophers from Plato to James Griffin have argued that justice and human rights, more often than not, are not rooted in traditions; rather, they require reforms and protection of individual dignity.
1.9 A Call to Action
Addressing the suffocating custom of silence predominant in Northern Ghana goes beyond embracing constitutional slogans; it demands intentional action. Civic education, legal advocacy, community-based paralegals, traditional leader training, youth activations, and many more must come together in a holistic approach to transform society so that the tradition becomes a route towards dignity instead of a cell.
The Bugum Festival with its vicious timeless violent manners of using firearms at funerals are among some of the gravest examples of the cultural predicament. The failure to speak out against the so-called celebration of heritage which brings about injuries and destruction, is a shortfall culturally, legally, and morally. If we do have the constitution enshrined with the right to life and property, tradition could never be the reason to violate these rights. The time is now for audacious discourse: customs may invoke danger to lives, silence at this point ceases to be respect and becomes complicit.
