Atuguba et al.
documentation to prove they are citizens of any other
country. It is thus very likely to find people in the Zongo
communities who may be stateless, even if they do not
realize it.
The likelihood of future generations of stateless persons in the Zongo communities bearing the tag of statelessness becomes reduced when these later generations
acquire citizenship of Ghana through other means, such
as naturalization, registration following marriage to a
Ghanaian citizen, or having one Ghanaian citizen parent.
27
in Ghana before Ghana gained independence from the
British. Consequently, they became Ghanaians through
the 1957 Constitution of Ghana. They retained this status
on the promulgation and coming into force of the 1992
Constitution of Ghana. Others who came into Ghana
after independence subsequently became Ghanaians
through other means such as naturalization and
registration.
Documentation proving citizenship of this category of
people is necessary to prevent them from becoming stateless or at risk of statelessness. Many state officials and
others who render services to citizens of Ghana would
Trafficked Persons
not believe they are Ghanaians in the absence of docuTrafficked persons usually do not carry any form of
mentary proof, due mainly to their skin color. They may
identity documentation with them to their destinations.
be discriminated against on the grounds of race, name,
Even when they do, it is common practice that the trafand other markers.
fickers or some other persons in the chain of trafficking
have custody of this identity documentation. As a result
of abuses and other human rights violations, a trafficked Persons Who Became Stateless as a Result of Gaps
person may jettison their identity documentation and in Previous Constitutions
flee. Thus, the absence of identity documentation has the
Persons who were not citizens of Ghana under the 1960
potential of increasing the risk of statelessness for trafConstitution did not become citizens of Ghana when the
ficked persons.
1969 Constitution came into force, unless they subseGhana is a source, transit, and destination country for
quently acquired Ghanaian citizenship under the provihuman trafficking, and it experiences both cross-border
sions of the 1969 Constitution. If such persons were
and intracountry trafficking. Vulnerable persons, espestateless, they continued to remain stateless on the entry
cially women and children, are usually the victims of
into force of the 1969 Constitution. Descendants of such
trafficking. The perpetrators may be relatives of the vicpersons whose parents or grandparents were not citizens
tims, intermediaries, or criminal syndicates. The Gulf
of Ghana are also stateless unless they subsequently
States are the destination for lots of cross-border traffickacquired Ghanaian citizenship in another way.
ing. Victims of intracountry trafficking usually do not
Under the 1969 Constitution, only a woman could
have birth certificates, passports, or other documentation
become a citizen of Ghana by registration following
establishing their nationality as Ghanaian.
marriage to a man who was a citizen of Ghana. In addition, a non-Ghanaian man could lose his nationality by
Persons of Lebanese Origins in Ghana
virtue of a marriage to a Ghanaian woman.
Like persons from the Zongo communities, children of
Also, under the 1969 Constitution, a person born in or
persons of Lebanese origin are at risk mainly because outside Ghana became a citizen of Ghana if either parent
Ghana is a jus sanguinis nation, where nationality is was a citizen of Ghana. There was no room for a person
by ancestry. The descendants of Lebanese without Gha- to become a citizen of Ghana by virtue of any grandparnaian nationality will typically not be Ghanaians. Even ent being a citizen of Ghana. The 1979 Constitution
for those who may have acquired citizenship of Ghana, bridged this gap by providing for the acquisition of Ghathe discriminatory practices of certain institutions of the naian citizenship if any parent or grandparent is or was a
state based on skin color, race, and names may subject citizen of Ghana. This provision increased the opportumembers of this group to the consequences of nity for an otherwise ineligible category of persons to
statelessness.
acquire citizenship.
We observed that there are many with Lebanese
There was no provision in the 1969 Constitution conancestry in Ghana, and the reason for their presence in ferring citizenship on adopted children, nor were there
Ghana is mainly economic. Some of these people were any such provisions in the 1960 or 1957 Constitutions.