Atuguba et al.
25
confirm their possession or the validity of the documents. For those in possession of national identity cards
or national passports, it was generally observed that the
documents were expired. Furthermore, some respondents indicated they had only copies but not the originals
of the documentation. Of the 115 individuals possessing
Togolese nationality documentation, 100 claimed to
have a birth certificate. Of those 100, just 50 stated they
also had an additional document. Some 15 respondents
claimed to possess a nationality document other than a
birth certificate. Given the limited documentation in
Togolese refugees’ possession, it will be particularly
important that, when cessation is implemented, due consideration is given to ensuring that they can access
nationality documentation and be educated on the consequences of failing to obtain nationality documentation.
with the government of their country of origin. In the
aforementioned 2015 UNHCR survey, one of the reasons for respondents who chose naturalization as a preferred durable solution was that they would not have
to obtain a nationality document from Togo to do so. The
main reason why survey respondents were unwilling to
request nationality documents from the Togolese government was that they feared being targeted should they
have contact with the Togolese authorities. Indefinite
residence often leads to a durable legal status in Ghana,
while the accompanying issuance of a nationality document from the country of origin provides proof of
nationality.
Doh is a 31-year-old man who was born in Togo to a Togolese father and a Ghanaian mother. His birth was not registered. Following the death of his father, his mother
brought him to Ghana. He has no documentation that confirms his nationality. His mother does not have any documentation confirming her nationality either. As a result,
Doh is at risk of being stateless. (Interview with Doh, a
Togolese refugee)
One other population at risk of statelessness is residents
of border communities in Ghana. The Ghana Immigration Service identifies about 42 border communities.
Ghana shares borders to the east with Togo, to the west
with Côte d’Ivoire, and to the north with Burkina Faso.
The Atlantic Ocean is to the south of Ghana. There are
three main customs entry points in Ghana, namely,
Aflao, Elubo, and Paga, representing Ghana’s border
with Togo, Côte d’Ivoire, and Burkina Faso, respectively. There are two additional customs points between
Ghana and Côte d’Ivoire, namely, Oseekodwokrom and
Gonnokuram. Another recognized entry point between
Ghana and Burkina Faso is at Hamile in the Upper West
Region of Ghana.
Travel to and from Ghana through unapproved borders may also increase the risk of statelessness. There
is the need for effective border control and protection
to ensure that authorized persons enter the country and
that those who do enter the country continue to have the
requisite documentation to live in the country. Passage
through properly designated border posts usually
requires the possession of valid travel documentation.
Persons from ECOWAS member countries, pursuant
to the ECOWAS protocol on free movement of persons,
do not need a visa to travel into or out of Ghana, but they
nevertheless need to possess a valid identity card.
By the operation of the jus sanguinis principle, two
immigrants from countries that practice jus soli, neither
of whom is a citizen of Ghana, who give birth to a child
in Ghana may risk having such a child becoming stateless, since she would be neither a citizen of Ghana nor
For refugees who lack nationality documentation,
durable solutions must give due consideration to ensuring refugees obtaining solutions do not face a risk of statelessness in the future. For refugees who do not wish to
return to their country of origin, local integration in
Ghana may be an option. Both naturalization and indefinite residence status — resulting in country of origin
nationality documents — would eliminate the risk of statelessness. Naturalization would bestow a new citizenship (Ghanaian) on the refugee, also ending their
refugee situation:
[I]t is the most durable and often most desirable long-term
solution for recognized refugees wishing to end their refugee status and integrate in their host country. Indeed, while
refugee status offers certain guarantees, refugees continue
to be vulnerable in that they lack an effective nationality.
(UNHCR 2006)
While naturalization in Ghana requires identification
documents, it is an open question whether naturalization
could provide an opportunity for refugees to gain Ghanaian nationality documents without having to interact
Residents of Border Communities in Ghana