<span style="font-family: Arial">
                                              AVOIDANCE OF DISCRIMINATION ACT, 
                                              1957 (NO. 38 OF 1957).</span></b></p>
                                              <p >
                                              <span style="font-family: Arial">
                                              GHANA&nbsp; </span></p>

                                              <p >
                                              <span style="font-family: Arial">
                                              1957 NO. 38.</span></p>
                                              <p >
                                              <span style="font-family: Arial">
                                              ARRANGEMENT OF SECTIONS</span></p>
                                              <p >
                                              <span style="font-family: Arial">

                                              Section</span></p>
                                              <p >
                                              <span style="font-family: Arial">
                                              <a href=#1><font color=blue>1. Short Title</font></a></span></p>
                                              <p >
                                              <span style="font-family: Arial">
                                              <a href=#2><font color=blue>2. Interpretation</font></a></span></p>

                                              <p >
                                              <span style="font-family: Arial">
                                              <a href=#3><font color=blue>3. Power to restrict activities of 
                                              an Organisation</font></a></span></p>
                                              <p >
                                              <span style="font-family: Arial">
                                              <a href=#4><font color=blue>4. Power for Minister to declare 
                                              Organisations prohibited</font></a></span></p>
                                              <p >
                                              <span style="font-family: Arial">

                                              <a href=#5><font color=blue>5. Prohibition of Organisation 
                                              formed for benefit of a community 
                                              etc., engaging in elections</font></a></span></p>
                                              <p >
                                              <span style="font-family: Arial">
                                              <a href=#6><font color=blue>6. Restriction on use of certain 
                                              symbol by a political party</font></a></span></p>
                                              <p >
                                              <span style="font-family: Arial">
                                              <a href=#7><font color=blue>7. Restriction on use of name or 
                                              symbol by any other Organisations</font></a></span></p>

                                              <p >
                                              <span style="font-family: Arial">
                                              <a href=#8><font color=blue>8. Prohibition on use of variant, 
                                              etc., of name or symbol</font></a></span></p>
                                              <p >
                                              <span style="font-family: Arial">
                                              <a href=#9><font color=blue>9. Power for winding up of 
                                              Organisation</font></a></span></p>
                                              <p >
                                              <span style="font-family: Arial">

                                              <a href=#10><font color=blue>10. Power for Minister to require 
                                              disclosure of rules</font></a></span></p>
                                              <p >
                                              <span style="font-family: Arial">
                                              <a href=#11><font color=blue>11. No prosecution without leave</font></a></span></p>
                                              <p >
                                              <span style="font-family: Arial">
                                              <a href=#12><font color=blue>12. Penalties</font></a></span></p>

                                              <p >
                                              <span style="font-family: Arial">
                                              <a href=#13><font color=blue>13. Available Defence</font></a></span></p>
                                              <p >
                                              <span style="font-family: Arial">
                                              <a href=#14><font color=blue>14. Regulations</font></a></span></p>
                                              <p >
                                              <span style="font-family: Arial">

                                              Assented to in Her Majesty's Name 
                                              and on Her Majesty's behalf this 
                                              30th day of December, 1957.</span></p>
                                              <p >
                                              <span style="font-family: Arial">
                                              LISTOWEL</span></p>
                                              <p >
                                              <span style="font-family: Arial">
                                              Governor-General.</span></p>

                                              <p >
                                              <span style="font-family: Arial">
                                              AN ACT to prohibit organisations 
                                              using or engaging in tribal, 
                                              regional, racial or religious 
                                              propaganda to the detriment of any 
                                              other community, or securing the 
                                              election of persons on account of 
                                              their tribal, regional, or 
                                              religious affiliations and for 
                                              other purposes connected 
                                              therewith.</span></p>
                                              <p >
                                              <span style="font-family: Arial">
                                              Date of Commencement: 31st 
                                              December, 1957.</span></p>
                                              <p >
                                              <span style="font-family: Arial">

                                              BE IT ENACTED by the Queen's Most 
                                              Excellent Majesty, by and with the 
                                              advice and consent of the National 
                                              Assembly of Ghana in this present 
                                              Parliament assembled, and by the 
                                              authority of the same as follows:—</span></p>
                                              <p >
                                              <a name=1></a>
                                              <span style="font-family: Arial">
                                              Section 1—Short Title.</span></p>
                                              <p >
                                              <span style="font-family: Arial">
                                              This Act may be cited as the 
                                              Avoidance of Discrimination Act, 
                                              1957.</span></p>

                                              <p >
                                              <a name=2></a>
                                              <span style="font-family: Arial">
                                              Section 2—Interpretation.</span></p>
                                              <p >
                                              <span style="font-family: Arial">
                                              (1) In this Act unless the context 
                                              otherwise requires—</span></p>
                                              <p >
                                              <span style="font-family: Arial">

                                              &quot;community&quot; includes any body or 
                                              group of persons, having a common 
                                              tribal or racial origin or because 
                                              of their birth or upbringing in 
                                              any Region, locality or place 
                                              whether in Ghana or any other 
                                              country, associating together in 
                                              Ghana;</span></p>
                                              <p >
                                              <span style="font-family: Arial">
                                              No. 33 of 1953.</span></p>
                                              <p >
                                              <span style="font-family: Arial">
                                              &quot;election&quot; with its grammatical 
                                              variations means any election 
                                              under the provisions of the 
                                              Electoral Provisions Ordinance, 
                                              1953, and includes the appointment 
                                              of any member of a Local 
                                              Government Council as defined in 
                                              that Ordinance and any referendum 
                                              held under the provisions of the 
                                              Ghana (Constitution) Order in 
                                              Council, 1957;</span></p>

                                              <p >
                                              <span style="font-family: Arial">
                                              L.N. 47/57.</span></p>
                                              <p >
                                              <span style="font-family: Arial">
                                              &quot;Minister&quot; means the Minister 
                                              responsible for Local Government;
                                              </span></p>
                                              <p >

                                              <span style="font-family: Arial">
                                              &quot;organisation&quot; includes any club, 
                                              institution, political party, or 
                                              other association of persons by 
                                              whatever name called, and where 
                                              there is a local or affiliated 
                                              branch or section of an 
                                              organisation that local or 
                                              affiliated branch or section shall 
                                              be regarded as a separate and 
                                              distinct organisation;</span></p>
                                              <p >
                                              <span style="font-family: Arial">
                                              &quot;symbol&quot; includes slogan.</span></p>
                                              <p >

                                              <span style="font-family: Arial">
                                              (2) Cap. 1.</span></p>
                                              <p >
                                              <span style="font-family: Arial">
                                              The Interpretation Ordinance shall 
                                              apply for the interpretation of 
                                              this Act as it applies for the 
                                              interpretation of an Ordinance.</span></p>
                                              <p >
                                              <a name=3></a>
                                              <span style="font-family: Arial">
                                              Section 3—Power to Restrict 
                                              Activities of an Organisation.</span></p>

                                              <p >
                                              <span style="font-family: Arial">
                                              (1) It shall be an offence against 
                                              this Act for any organisation 
                                              whose membership is substantially 
                                              restricted to any one community or 
                                              religious faith to have as one of 
                                              its objects the exposure of any 
                                              other organisation however 
                                              constituted or of any part of the 
                                              community, to hatred, contempt or 
                                              ridicule on account of their 
                                              community or religion, and any 
                                              person having the management or 
                                              control or taking part in the 
                                              management or control of that 
                                              organisation, whether or not it is 
                                              incorporated, shall be liable on 
                                              summary conviction to a fine not 
                                              exceeding five hundred pounds or 
                                              to imprisonment for a term not 
                                              exceeding three years or to both 
                                              such fine and imprisonment.</span></p>
                                              <p >
                                              <span style="font-family: Arial">
                                              (2) The fact that any other 
                                              organisation or any part of the 
                                              community has been exposed to 
                                              hatred, contempt or ridicule shall 
                                              be prima facie evidence of the 
                                              object.</span></p>
                                              <p >
                                              <a name=4></a>
                                              <span style="font-family: Arial">

                                              Section 4—Power for Minister to 
                                              Declare Organisations Prohibited.</span></p>
                                              <p >
                                              <span style="font-family: Arial">
                                              Where a person is convicted of an 
                                              offence under section 3 of this 
                                              Act, the Judge or Magistrate 
                                              recording the conviction shall 
                                              certify the facts for 
                                              consideration by the President 
                                              acting on the advice of the 
                                              Cabinet and the Minister may by 
                                              Order declare the organisation 
                                              concerned to be a prohibited 
                                              organisation.</span></p>
                                              <p >
                                              <a name=5></a>
                                              <span style="font-family: Arial">
                                              Section 5—Prohibition of 
                                              Organisation Formed for Benefit of 
                                              a Community Etc., Engaging in 
                                              Elections.</span></p>

                                              <p >
                                              <span style="font-family: Arial">
                                              (1) No organisation established 
                                              substantially for the direct or 
                                              indirect benefit or advancement of 
                                              the interests of any particular 
                                              community or religious faith shall 
                                              organise or operate for the 
                                              purposes of engaging in any 
                                              election.</span></p>
                                              <p >
                                              <span style="font-family: Arial">
                                              (2) If the President acting on the 
                                              advice of the Cabinet is satisfied 
                                              that any organisation is organised 
                                              or operates contrary to the 
                                              provisions of subsection (1) of 
                                              this section, he may by Order 
                                              published in the Gazette declare 
                                              the organisation to be an illegal 
                                              organisation.</span></p>
                                              <p >
                                              <a name=6></a>
                                              <span style="font-family: Arial">

                                              Section 6—Restriction on Use of 
                                              Certain Symbol by a Political 
                                              Party.</span></p>
                                              <p >
                                              <span style="font-family: Arial">
                                              (1) No political party shall use 
                                              or permit to be used any symbol or 
                                              name which may be identified with 
                                              any particular community or 
                                              religious faith.</span></p>
                                              <p >
                                              <span style="font-family: Arial">
                                              (2) If the President acting on the 
                                              advice of the Cabinet is satisfied 
                                              that a political party uses or 
                                              permits the use of any symbol 
                                              contrary to the provisions of 
                                              subsection (1) of this section, he 
                                              may by Order published in the 
                                              Gazette prohibit the use of that 
                                              symbol by a political party.&nbsp; Upon 
                                              the publication of the Order, the 
                                              continued use of a prohibited 
                                              symbol shall be an offence against 
                                              this Act.</span></p>

                                              <p >
                                              <a name=7></a>
                                              <span style="font-family: Arial">
                                              Section 7—Restriction on Use of 
                                              Name or Symbol by Any Other 
                                              Organisations.</span></p>
                                              <p >
                                              <span style="font-family: Arial">
                                              (1) No Organisation formed before 
                                              or after the coming into operation 
                                              of this Act for the primary 
                                              benefit of any community, or 
                                              religious faith shall, if it or 
                                              any member of the organisation in 
                                              any manner engages in politics 
                                              otherwise than by voting, permit 
                                              or allow the use of any name or 
                                              symbol of or associated with that 
                                              organisation for any political 
                                              purpose:</span></p>
                                              <p >
                                              <span style="font-family: Arial">

                                              Provided that nothing in this 
                                              subsection shall apply to a 
                                              political party.</span></p>
                                              <p >
                                              <span style="font-family: Arial">
                                              (2) The President acting on the 
                                              advice of the Cabinet may, where 
                                              he is satisfied that any name or 
                                              symbol is used contrary to the 
                                              provisions of subsection (1) of 
                                              this section, prohibit the use of 
                                              that name or symbol for any 
                                              political purpose by Order 
                                              published in the Gazette.&nbsp; Upon 
                                              the publication of the Order, the 
                                              continued use of the name or 
                                              symbol for a political purpose 
                                              shall be an offence against this 
                                              Act.</span></p>
                                              <p >
                                              <span style="font-family: Arial">
                                              (3) For the purposes of this 
                                              section, the expression &quot;engages 
                                              in politics&quot; means the doing of 
                                              any act, matter or thing relating 
                                              in any manner to the procuring or 
                                              attempting to procure the election 
                                              of any person, or a particular 
                                              result of any election, and where 
                                              a person is elected, includes the 
                                              support in any way of that person 
                                              or his political party; and the 
                                              expression &quot;political purpose&quot; 
                                              shall have a similar meaning.</span></p>

                                              <p >
                                              <a name=8></a>
                                              <span style="font-family: Arial">
                                              Section 8—Prohibition on Use of 
                                              Variant, Etc., of Name or Symbol.</span></p>
                                              <p >
                                              <span style="font-family: Arial">
                                              Where the use of any name or 
                                              symbol is prohibited under this 
                                              Act, any variant of that name or 
                                              symbol or any other name or symbol 
                                              which includes that name or symbol 
                                              or is calculated to deceive shall 
                                              likewise be deemed to be 
                                              prohibited under this Act; and the 
                                              use of the variant or other name 
                                              or symbol shall be an offence 
                                              punishable in the same manner as 
                                              the use of the name or symbol 
                                              prohibited by the Order is 
                                              punishable under the provisions of 
                                              this Act.</span></p>
                                              <p >
                                              <a name=9></a>
                                              <span style="font-family: Arial">

                                              Section 9—Power for Winding up of 
                                              Organisation.</span></p>
                                              <p >
                                              <span style="font-family: Arial">
                                              (1) Any organisation declared to 
                                              be a prohibited organisation or an 
                                              illegal organisation under this 
                                              Act shall, whether or not it is 
                                              incorporated, and to the extent to 
                                              which it is affected by this Act 
                                              be wound up under the supervision 
                                              of the High Court.&nbsp; The High Court 
                                              shall in all cases have 
                                              jurisdiction for that purpose, and 
                                              the Chief Justice may make rules 
                                              of court or may apply or adapt any 
                                              rules of court to give effect 
                                              thereto.</span></p>
                                              <p >
                                              <span style="font-family: Arial">
                                              (2) Any person taking part in the 
                                              management or control of any 
                                              organisation affected by this 
                                              section shall be liable on summary 
                                              conviction to a fine not exceeding 
                                              one hundred pounds or to 
                                              imprisonment for a term not 
                                              exceeding one year or to both such 
                                              fine and imprisonment.</span></p>

                                              <p >
                                              <span style="font-family: Arial">
                                              Provided that nothing in this 
                                              subsection shall apply to any 
                                              person engaged or taking part in 
                                              the winding up of a prohibited 
                                              organisation.</span></p>
                                              <p >
                                              <a name=10></a>
                                              <span style="font-family: Arial">
                                              Section 10—Power for Minister to 
                                              Require Disclosure of Rules.</span></p>
                                              <p >
                                              <span style="font-family: Arial">

                                              (1) It shall be lawful for the 
                                              Minister to require any 
                                              organisation which in his opinion 
                                              engages in politics within the 
                                              meaning of subsection (3) of 
                                              section 7 of this Act to disclose 
                                              to him its rules and whether or 
                                              not it permits or allows the use 
                                              of a particular name or symbol.</span></p>
                                              <p >
                                              <span style="font-family: Arial">
                                              (2) Where the rules of any such 
                                              organisation are in any way 
                                              discriminatory as to membership by 
                                              reason only of community or 
                                              religion the Minister may in his 
                                              discretion and in addition to any 
                                              other power conferred under this 
                                              Act give notice to the 
                                              organisation requiring amendment 
                                              to its rules. Any organisation 
                                              failing to comply with the 
                                              requirement of the Minister within 
                                              seven days after notice given 
                                              under this section, shall incur a 
                                              penalty of five pounds for every 
                                              day the failure to comply 
                                              therewith continues; and the 
                                              penalty may be recovered in a 
                                              summary way in any court of 
                                              competent jurisdiction from the 
                                              person appearing to have the 
                                              control or management of the 
                                              organisation.</span></p>
                                              <p >
                                              <a name=11></a>
                                              <span style="font-family: Arial">
                                              Section 11—No Prosecution Without 
                                              Leave.</span></p>

                                              <p >
                                              <span style="font-family: Arial">
                                              No prosecution shall be instituted 
                                              under any of the provisions of 
                                              this Act without the consent in 
                                              writing
                                               of the Attorney-General.</span></p>
                                              <p >
                                              <a name=12></a>
                                              <span style="font-family: Arial">
                                              Section 12—Penalties.</span></p>
                                              <p >
                                              <span style="font-family: Arial">

                                              (1) Where the doing of any act, 
                                              matter or thing is declared to be 
                                              an offence against this Act or an 
                                              organisation is declared to be 
                                              illegal, and no penalty is 
                                              prescribed, the offender shall be 
                                              liable upon conviction to a fine 
                                              not exceeding five hundred pounds 
                                              or to imprisonment for a term not 
                                              exceeding three years or to both 
                                              such fine and imprisonment.</span></p>
                                              <p >
                                              <span style="font-family: Arial">
                                              (2) For the purposes of this 
                                              section &quot;offender&quot; means the 
                                              organisation affected and includes 
                                              any person concerned in the 
                                              management or direction thereof.</span></p>
                                              <p >
                                              <a name=13></a>
                                              <span style="font-family: Arial">

                                              Section 13—Available Defence.</span></p>
                                              <p >
                                              <span style="font-family: Arial">
                                              Where the person charged with an 
                                              offence against this Act is the 
                                              manager or in control of the 
                                              organisation it shall be a defence 
                                              to that person that he did not 
                                              consent to or connive at the 
                                              commission the offence with which 
                                              he is charged.</span></p>
                                              <p >
                                              <a name=14></a>
                                              <span style="font-family: Arial">
                                              Section 14—Regulations.</span></p>

                                              <p >
                                              <span style="font-family: Arial">
                                              (1) The President acting on the 
                                              advice of the Cabinet may from 
                                              time to time make such regulations 
                                              as he considers necessary or 
                                              expedient for giving full effect 
                                              to the provisions of this Act and 
                                              for the due administration 
                                              thereof.</span></p>
                                              <p >
                                              <span style="font-family: Arial">
                                              (2) Without limiting the general 
                                              power to make regulations 
                                              conferred by this section it is 
                                              hereby declared that regulations 
                                              may be made under this section for 
                                              all or any of the following 
                                              purposes;</span></p>
                                              <p >
                                              <span style="font-family: Arial">

                                              (a) Regulating the use of names, 
                                              flags and symbols of political 
                                              parties;</span></p>
                                              <p >
                                              <span style="font-family: Arial">
                                              (b) Regulating the registration of 
                                              names, flags and symbols of 
                                              political parties; </span></p>
                                              <p >
                                              <span style="font-family: Arial">
                                              (c) Prescribing fines not 
                                              exceeding fifty pounds for a 
                                              breach of any such regulation.</span></p>

                                              <p >
                                              <span style="font-family: Arial">
                                              (3) Regulations made under this 
                                              section may apply generally 
                                              throughout Ghana or to any 
                                              specified part or parts of Ghana.</span></p>
                                              <p >
                                              <span style="font-family: Arial">
                                              (4) All regulations made under 
                                              this Act shall be laid before 
                                              Parliament within twenty-eight 
                                              days after the date of the making 
                                              thereof if Parliament is then in 
                                              session and, if not, shall be laid 
                                              before Parliament within 
                                              twenty-eight days after the date 
                                              of the commencement of the next 
                                              ensuing meeting.</span></p>
                                              <p >
                                              <span style="font-family: Arial">

                                              This printed impression has been 
                                              carefully compared by me with the 
                                              Bill which has passed the National 
                                              Assembly, and found by me to be a 
                                              true and correctly printed copy of 
                                              the said Bill.</span></p>
                                              <p >
                                              <span style="font-family: Arial">
                                              K. B. AYENSU</span></p>
                                              <p >
                                              <span style="font-family: Arial">
                                              Clerk of the National Assembly.</span>