Julia Schweers
descent clause for citizenship at birth (regardless of whether born inside or outside of Ghana)
so that they would need at least one parent as well as a grandparent or great-grandparent who
had already been born in Ghana to be granted citizenship. (Nationality Act, No.361 of 1971,
section 1(2)). By then, descendants of Middle Eastern immigrants had been living in Ghana
for nearly a century, but the act made it nearly impossible for them to acquire Ghanaian
citizenship.
2.1.3. Citizenship Law under the National Redemption Council (1972 – 1975)
In January 1972, the Busia government was overthrown by Colonel Ignatius Acheampong who
led the country with his National Redemption Council (NRC) for about three years. Again,
Ghana’s citizenship laws were quickly amended, within less than a year after taking power.
The 1972 Nationality (Amendment) Decree is a particularly peculiar document. It reiterated
that anybody who does not qualify for citizenship under the predecessor government’s 1971
Nationality Act should be denationalised. It thus upheld the laws for citizenship by birth and
descent formulated by its predecessor, the Busia government. Crucially, however, it added a
provision that protected a very small and particular group of people from denationalisation:
‘For the avoidance of hardship […] the Commissioner may with the approval of the
Executive Council grant a certificate of naturalisation to a person of full age and capacity
who […]
(a) was born in Ghana before the 6th day of March 1957; and
(b) was divested of his citizenship of Ghana by the provisions of the Ghana Nationality
(Amendment) Decree 1969 (N.L.C.D 333); and
(c) between the 25th day of July, 1967 and the 15th day of February, 1969 formally
renounced any foreign nationality held by him in accordance with the law of that foreign
country.’ (Ghana Nationality (Amendment) Decree of 1972, sections 2(1a) – 2(1c)
It is impossible to gauge how many persons fulfilled these very specific criteria for
regaining their Ghanaian citizenship, but the provision seems to have been directed at one
particular family of Middle Eastern descent, the Shalabi brothers. The Shalabis had a
transportation business in Accra. Born to Lebanese parents pre-independence, they had the
right to register for Ghanaian citizenship at independence and applied for it in 1967. Two years
later, however, the 1969 Ghana Nationality (Amendment) Decree denationalised them. In
1971, the Shalabi family filed a lawsuit with the Ghanaian High Court and won the case
(Shalabi vs Attorney General 1971). It thus seems that, with this decree, the NRC tried to forge
alliances with Middle Eastern businessmen who had been persecuted and denationalised by
previous political leaders.
Beyond this addition to the laws for citizenship at birth and descent, the 1972 decree
amended the requirements for citizenship by naturalisation, making it more difficult to
naturalise in Ghana. The residence period to qualify for naturalisation was prolonged to ten
years and the total list of requirements for naturalisation was extended to nine criteria (Ghana
Nationality (Amendment) Decree of 1972, sections 2(2a) – 2(2i)). These mainly combined
integration requirements – such as speaking an indigenous language or being ‘assimilated to
the Ghanaian way of life’ – and economic requirements such as having made or being able to
make a ‘substantial contribution to the economy of Ghana’ (without clarifying what would count
as ‘substantial’). The moral requirement of ‘being of good character’ was further complicated
because now the character of an applicant had to be ‘attested in writing by two Ghanaians of
high social standing’. Again, there are no numbers of how many people attempted to acquire
Ghanaian citizenship, but it seems fair to say that the long list of requirements for the
application was drafted to deter people from applying in the beginning.
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Robert Schuman Centre for Advanced Studies - EUI