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Consequently, children adopted by Ghanaian citizens
between 1957 and 1969 never became citizens of Ghana
on the coming into force of the 1979 and 1992 Constitutions, which provided for acquisition of citizenship by
adoption but did not provide for retroactive application
of the law. If such a child did not acquire any nationality
pursuant to the adoption, he or she became stateless, and
this status persisted. This is still true notwithstanding
that such a child may have no ties to any other country
but Ghana. The descendants of such a child also became
stateless because of Ghana’s jus sanguinis status, unless
the other parent was a Ghanaian or unless such a child
acquired Ghanaian citizenship by another way or citizenship from another country.
Consequences of Statelessness
Access to Healthcare
Quality healthcare is a human right. The Ghanaian
National Health Insurance Scheme is the largest provider of health insurance for the majority of Ghanaians,
notwithstanding the existence of a few private health
insurance providers.
For stateless persons and persons at risk of statelessness, access to quality healthcare remains an important
social need, and for some, it remains a mirage. Fortunately, the process to acquire national health insurance
coverage in Ghana does not discriminate, at least on
paper, against stateless or potentially stateless residents.
One does not need national identity documentation or
other similar forms of identification to successfully
apply for health insurance coverage in Ghana.
The failure by stateless persons or persons at risk of
statelessness to come forward and apply for national
health insurance coverage is due to the distances they
would usually have to travel to obtain access, as well
as the financial and other costs involved in registration.
Most stateless persons or persons at risk of statelessness
live in towns far removed from where registration for
health insurance coverage usually takes place. Thus,
many of these people lack health insurance. Once a person has valid and effective health insurance coverage,
such a person is given medical or other related care without any further prodding as to its mode of acquisition.
Access to Education
The right to education is recognized as a fundamental
human right in the 1992 Constitution of Ghana, and all
Journal on Migration and Human Security 8(1)
persons in Ghana have the right to equal educational
opportunities and facilities. The Ghana Education Service is the state institution mandated to supervise first
and second-cycle educational institutions.11 Generally,
one does not need a birth certificate or any other national
identity document to be able to enroll in a first or secondcycle educational institution. To the extent that proof of
nationality is not required, all persons including stateless
or potentially stateless residents and their children may
enroll in a school and acquire education.
There are, however, usually two categories of fees at
almost all tertiary institutions in Ghana: fees for citizens
of Ghana, and fees for noncitizens. Fees for the former
are usually markedly lower than those of the latter. Stateless persons or persons at risk of statelessness must
typically pay the higher fees, which may hinder their
access to education.
Right to Vote and to Participate in the Democratic
Process
Stateless persons, who are also classified as nonGhanaians, have no right to vote by virtue of Article
42 of the 1992 Constitution, which gives citizens of
Ghana who are at least 18 years of age the right to vote.
Furthermore, a stateless person is not eligible to run in an
election to become a member of parliament under Article 94 of the 1992 Constitution. Stateless persons are
also not eligible for election as president of the Republic
of Ghana. Under Article 63 of the 1992 Constitution,
presidential candidates must be citizens by birth.
To exercise the right to vote, one would usually have
to present a valid voter’s identity card. The Electoral
Commission is the statutory body responsible for issuing
such cards. An applicant for a card must be qualified to
vote under the relevant laws. In addition, an applicant
must show proof that she is a citizen of Ghana. An applicant may present a number of identity documents to
prove citizenship. These include a passport, a driver’s
license, an old voter’s identity card, or a national identity
card issued by the National Identification Authority
(NIA). An applicant who does not have any of these documents can still register as a voter and be issued a voter’s
11
First-cycle institutions refer to basic education (from preschool
through primary or elementary education), whereas second-cycle
institutions refer to secondary education (junior and senior high
school education).