US-based NGO (Global Communities) in the dock …For ‘Pinning’ Down YES-Ghana

Cooperative Housing Foundation a US based NGO, operating in Ghana as Global Communities, has been dragged to the human rights court to show-cause why it’s Management, assigns and privies should not be reprimanded for wrongfully abrogating a legal contract between them and the Youth Empowerment Synergy (YES-Ghana) a local based NGO.
 
YES –Ghana , is praying the human right court to as a matter of urgency place an injunction on the termination of YES-Ghana’s involvement in the Youth Entrepreneurial Development Initiative For Employment (YIEDIE) project, funded by the Mastercard Foundation- Canada, to save over 115 Ghanaian youth currently enrolled as employees .
 
According to an affidavit in support for the interlocutory injunction filed by lawyers for YES-Ghana, the unilateral termination of YES-Ghana’s involvement in the YIEDIE project by the cooperative Housing Foundation from 1st June this year, will not only be an arbitrary, but unconscionable, unfair and unlawful.
YES-Ghana is however, seeking an order for specific performance of the agreement which is for five years to enable the plaintiff’s 115 employees continue working in the YIEDIE project for the period.
An order for an interim injunction to restrain the defendant their agents or assigns from carrying out the said termination on the sole ground of article 30.3 of the agreement and from carrying out any decision or activities with the aim of interfering with the work of the plaintiff and its 115 employees in the YIEDIE project, is also before the court for consideration.
Lawyers for YES-Ghana  argues that contrary to the initial consortium arrangement as prescribed by the Mastercard Foundation’s Partner Guide, which led to the securing of appropriate funding for the YIEDIE project, the defendant, who was the lead applicant, ‘’because they were the biggest partner decided to enter into separate agreements with each of the partners, and that several workshops had been protested by the applicant against the said agreement because the terms violated the letter and spirit of the Mastercard Foundation’s Partner Guide, but became a lonely voice on the matter and in the interest of the social good , which was its ultimate goal and with the assurance by the respondent that a review of the contractual process would be done at the end of the 1st year of the project , it decided to sign the said agreement with the respondent’’.
In January 2014, according to the affidavit filed to support the motion, the applicant had discussions with the defendant with their then representatives to assist in recruiting potential consortium members for the project, and that the applicant recommended a number of partners and also submitted an organizational capability statement ; contributed extensively to project conceptualization and proposal development which were submitted to Mastercard Foundation in a competitive process to attract the necessary funding for the establishment of the project, which was to last for 5 years and governed by the Mater card Foundation, and however was  unlawful on the part of Cooperative Housing Foundation to terminate the contract .
Source: Samuel Ansah Boateng