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IN exercise of the powers
conferred on the President under
section 6 of the Emergency Powers
Act, 1994 (Act 472), this
Instrument is made this 17th day
of April, 2003.
Section 1—Prohibition of
Possession of Arms
(1) A person shall not
manufacture, procure, possess or
carry any arms or ammunition
within the area under the state of
emergency declared under the state
of Emergency (Specified Area)
Proclamation, 2003.
(2) Sub-paragraph (1) does not
apply to;
(a) a member of the Armed Forces;
(b) a member of the Police Force;
(c) a member of the Prisons
Service;
(d) a member of the Customs,
Excise and Preventive Service; or
(e) any person duly authorized by
the Task Force Commander in the
state of emergency area.
(3) Notwithstanding the provisions
of this paragraph a person shall
not be deemed to have contravened
subparagraph (1) if he satisfies
the Commander or an officer
authorized by the Commander that
he has lawful authority for the
possession or carrying of the arms
and it is not intended for use in
the conflict area.
Section 2—Deposit of Arms and
Ammunition with the Military or
Police
Any person who is in possession of
arms or ammunition or has arms or
ammunition under this control
within the area of the state of
emergency shall deposit the arms
or ammunition with the officer in
charge of the nearest police
station or military post.
Section 3—Search Without Warrant
Subject to the Emergency Powers
Act, 1994 (Act 472), any military
personnel or police officer may in
the emergency area, search and
arrest without warrant any person
whom he suspects on reasonable
grounds to be in possession of or
carrying arms or ammunition
contrary to paragraph 1 (1).
Section 4—Taking Possession of
Property
(1) Any commissioned officer in
the emergency area may take
possession or control of any
vehicle or other property that he
considers necessary for the
purpose of any exercise directly
connected with military operations
in the emergency area.
(2) Vehicles or other property
taken possession or control of
under subparagraph (1) shall be
held only for such period as is
necessary for the operations
concerned.
Section 5—Imposition of Curfew
(1) The Task Force Commander
responsible for operations in the
area under the state of emergency
may, where he considers it
necessary for execution of
operations in the emergency area,
impose a curfew in such parts of
the emergency area as he may
direct.
(2) Where a curfew is imposed in
any area under subparagraph (1),
the Task Force Commander shall by
widespread announcement indicate
the hours of the curfew and the
areas covered by the curfew.
(3) The following persons are
exempt from any curfew imposed
under this Instrument:
(a) members of the Armed Forces on
duty;
(b) members of the Police Force
and Fire Service on duty;
(c) doctors and nurses on duty;
and
(d) such other persons as the
Commander may direct.
(4) A curfew imposed under this
Instrument may be suspended or
revoked by the Commander.
Section 6—Prohibition of Public
Meetings and Procession
Except with the prior approval of
the Commander no person shall hold
or participate in a public meeting
or procession in the area under
the state of emergency.
Section 7—Publication on Area
under State of Emergency
(1) For the purpose of securing
accurate, correct and appropriate
publication of activities in the
area under the state of emergency,
there is established by this
Instrument News (Area under
Emergency) Committee.
(2) The Committee shall be
composed of five members appointed
by the Minister responsible for
Information.
(3) The Committee shall have a
chairperson who shall be appointed
by the Minister responsible for
Information.
Section 8—Functions of the
Committee
The Committee may provide, in
writing, guidelines for the
publication of information and
news arising from, connected with
or related to the area which is
subject to the State of Emergency
under the State of Emergency
(Specified Area) Proclamation
2003.
Section 9—Compliance and Sanctions
(1) Any publication in whatever
medium on the area under the state
of emergency shall conform with
the guidelines issued by the
Committee.
(2) The Committee shall in the
guidelines provide for such
pecuniary penalties and
disciplinary action as it
considers appropriate for breach
of any of the guidelines.
Section 10—Specified Obligation in
News Publication
(1) Without limiting the scope of
paragraph 8, all publications on
the area under the state of
emergency shall
(a) be devoid of ethnic
references;
(b) not make allusions to
stereotypes or slurs or make
abusive, insulting and other
provocative pronouncements;
(c) not contain reports of
speeches of hate against any group
or persons;
(d) not contain propaganda;
(e) clearly separate facts from
conjecture;
(f) show sensibility to local
values and norms;
(g) exhibit tact and diplomacy;
(h) treat with special care
coverage of matters that affect
directly people by or with vested
interest in the conflict; and
(i)
avoid publication of material that
diminishes human dignity.
(2) Broadcast of all phone-ins
through the electronic media on
matters connected with or related
to the conflict is prohibited.
Section 11—Offences Relating to
Publications
(1) A person who contravenes any
of the provisions in paragraph 10
commits an offence and is liable
on summary conviction to a term of
imprisonment of not less than 14
days.
(2) Where an offence is committed
under subparagraph (1) by a media
house, the manager or publisher
shall also be deemed to have
committed the offence and the
Committee may appoint an
administrator to manage the media
house for such period as the
Committee shall determine except
that the period shall not exceed
21 days and shall be subject to
review.
Section 12—Other Offences and
Penalties
Any person who
(a) manufactures, procures,
possesses or carries arms or
ammunition contrary to paragraph 1
(1);
(b) fails to deposit arms or
ammunition contrary to paragraph
2;
(c) refuses to hand over any
vehicle or property contrary to
paragraph 4(1);
(d) acts contrary to a curfew
imposed under paragraph 5(1); or
(e) holds or participates in any
public meeting or procession
contrary to paragraph 6,
of this Instrument commits an
offence and is liable on summary
conviction to imprisonment of not
less than three months and any
arms, ammunition or material the
subject matter of the offence
shall be forfeited to the state.
Section 13—Interpretation
In this Instrument unless the
context otherwise requires
"ammunition" includes explosives,
all munition of war and all
materials for loading firearms;
"arms" includes firearms and
offensive weapons of all
descriptions, artillery, apparatus
for the discharge of any kind of
projectiles, explosives or bombs,
grenades, machine-guns and rifled
small-bore breech-loading weapons
of any kind, and includes parts of
any of the foregoing;
"conflict" means the conflict in
the area under the state of
emergency;
"Commander" means the Task Force
Commander assigned to the area
under the state of emergency;
"Committee" means the News (Area
under Emergency) Committee
established under paragraph 7;
"fire-arms" includes any gun,
rifle, machine-gun, cap-gun,
flint-lock gun or pistol,
revolver, pistol cannon or other
firearms and any air gun, air
rifle or air pistol whether whole
or in detached pieces;
"offensive weapon" means an
article made or adapted for
causing injury to a person or
intended by the person having it
with him for such use by him.
JOHN AGYEKUM KUFUOR
President of the Republic of Ghana
Date of Gazette Notification: 17th
April, 2003.
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