Atuguba et al.
The importance of statelessness on the African Continent is exhibited in the initiatives of organizations such
as the Pan African Citizens Network (PACIN), a
Kenyan-based nongovernmental organization (NGO)
that takes a keen interest in the “African Citizen” and her
ability to live a peaceful and fulfilling life (PACIN
2019). On October 31, 2017, the group commemorated
the 61st Ordinary Session of the African Commission
on Human and People’s Rights (ACHPR) with a program themed “30 Years On: Innovation or Necessity?
A Case Study of How the ACHPR Has Addressed Gaps
in Rights Protection on the Right to a Nationality.” The
program examined regional efforts toward improving
the right to a nationality, eradicating statelessness in
West Africa and East Africa, the stakes of youth in matters of statelessness, the right to nationality, and continental trends in gender discrimination by nationality.
On the larger global front, the United Nations High
Commissioner for Refugees (UNHCR) is mandated to
assist states to provide international protection to those
in need of asylum and to support durable solutions for
refugees. The UNHCR also has a mandate to provide
protection to stateless persons and prevent situations of
statelessness. Around the world, 60 percent of stateless
persons are children. According to the UNHCR, the
problem of statelessness has a devastating impact on the
lives of at least 1 million people in West Africa
(Odeyemi 2017).
The first ministerial subregional conference on statelessness in West Africa was held in Abidjan, Côte
d’Ivoire, in February 2015. The two statelessness conventions are the 1954 Convention relating to the Status
of Stateless Persons and the 1961 Convention on the
Reduction of Statelessness. These two treaties form the
foundation of the international legal framework to
address statelessness. Ghana committed to accede to the
two statelessness conventions, but by the end of 2019, it
had not done so. This is the case even though heads of
state and governments of member states of the Economic Community of West African States (ECOWAS)
adopted the Abidjan Declaration on May 19, 2015, in
Accra, Ghana, under the chairmanship of Ghana’s former president, His Excellency John Dramani Mahama.
At the time of this study, Ghana and Togo were the only
ECOWAS states not to accede to either of the two conventions (Folley 2018).
Notwithstanding that Ghana is yet to accede to the two
conventions and has no laws on statelessness, its
15
citizenship laws are very progressive. Gaps exist in citizenship legislation, however, and there are flaws in the
administrative practices of key state institutions, which
increase the risk of statelessness. In addition, lack of
proper documentation of births and deaths, administrative errors, and the wrongful exercise of executive discretion have rendered residents stateless. This article
offers a comprehensive assessment of the legal, policy,
institutional, and administrative frameworks, and the
processes and practices affecting access to nationality
in Ghana, with the ultimate aim of identifying the causes,
risk factors, and consequences of statelessness. It also
recommends measures or actions necessary to prevent
or reduce statelessness in Ghana.
Methodology for the Study
The study used both primary and secondary data. The
methods used for this study included an initial key stakeholders’ meeting, a literature review, and field interviews. Details of the primary data collected are
discussed below.
Field Interviews
The research team conducted interviews with officials at
relevant ministries, departments, agencies, and other
entities.2 These included relevant officials of the Ministry of the Interior, the Ministry of Foreign Affairs and
Regional Integration, the Department of Social Welfare,
the Ghana Statistical Service, the Births and Deaths Registry, the Legal Aid Scheme, the Ghana Refugee Board,
the National Identification Authority, the Passport
Office, the Ghana Immigration Service, the Ghana Education Service, and the Driver and Vehicle Licensing
Authority (DVLA), as well as officials of the National
Health Insurance Authority (NHIA), the Electoral Commission (EC), the Commission on Human Rights and
Administrative Justice (CHRAJ), and the Ghana Police
Service. We interviewed officials from these different
state agencies because in one way or another, people
who are affected by or at risk of statelessness seek their
services.
Officials of the UNHCR Representation in Ghana, the
United Nations Children’s Fund (UNICEF), the International Organization for Migration (IOM), and the
2
Interviews for the study took place from November 2016 to April
2017.