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automatically lose nationality when she acquires the citizenship of her husband through marriage. The citizenship laws of Ghana do not discriminate against women
in their quest to transfer their nationality to their children. Ghana’s 1992 Constitution allows for both men
and women to transfer their citizenship to a child. In
addition, a Ghanaian man or woman has an equal right
to confer Ghanaian nationality following the adoption
of a child younger than 16 years.
The 1992 Constitution of Ghana states that a woman
who acquires Ghanaian citizenship by registration, and
whose marriage to a Ghanaian is subsequently
annulled or dissolved, can continue to be a citizen of
Ghana unless she renounces her Ghanaian citizenship.
In contrast, a man who applies for citizenship in Ghana
by registration is subject to much scrutiny. Therefore,
when it appears to the registration authorities that the
marriage of a male applicant has been entered into primarily with a view to obtaining citizenship, the
authority may request the applicant to prove that the
marriage was entered into for good cause.
Arbitrary deprivation of nationality: According to
Ghana’s 1992 Constitution, a person may not be arbitrarily deprived of his or her Ghanaian nationality in
Ghana. A person who is a Ghanaian by birth shall not
be deprived of his or her nationality by a court of law.
Deprivation of Ghanaian nationality acquired by any
other means may be done only by the High Court on
application by the attorney general, when such a person has been proven to engage in illicit activities or
conduct inimical or prejudicial to public morality or
the public interest.
The inheritance of statelessness: Another cause of statelessness is the inheritance of statelessness. A stateless
person may transfer the status of statelessness to his or
her child if the child does not acquire the nationality of
either parent before the parent became stateless, or of a
grandparent, or if such a child is born in a country that
does not practice jus soli (the right of anyone born in
the territory of a state to nationality or citizenship of
that state).
In Ghana, the risk of the inheritance of statelessness is
very real. The nation’s citizenship laws are based on the
jus sanguinis (citizenship by parentage) principle. As
such, when a child is unable to establish that at least one
parent or grandparent has or had Ghanaian citizenship,
the child is not considered by law to be Ghanaian. When
that child cannot claim the citizenship of any other
Journal on Migration and Human Security 8(1)
nation, that child is at risk of statelessness. This also
means that the stateless parents of a child born in Ghana
pass on that statelessness to the child.
Migration: Very often, migrants are forced to leave
their home nations and even their communities within
Ghana due to economic failings, famine, or conflict.
Such forcibly displaced persons typically would have
either lost or forgotten to carry their identity documents.
In the absence of such documentation, proving their
nationality may be a real challenge (even for those who
may be genuinely Ghanaian), and such persons may be
considered at risk of statelessness. This is especially the
case if they stay outside their home countries or regions
for a long period.
Administrative barriers and lack of documentation:
As seen with migration, administrative barriers and
lack of documentation regrettably lead to statelessness. Certain administrative practices such as discrimination on the basis of race, religion, color, national
origin, ethnicity, language, and physical traits may
cause persons to be stateless or at least put them in
danger of suffering the consequences of statelessness.
Fortunately, in Ghana, discrimination is prohibited by
the 1992 Constitution. That said, officials of various
state institutions often discriminate against people
on these prohibited grounds.
Failure or the inability to register births in particular
territories and the consequent lack of a birth certificate
may also put a person at risk of statelessness. Similarly,
the lack of a passport or other identity document that
proves nationality may cause persons to be stateless or
at risk of statelessness.
Unfortunately, a number of administrative barriers
exist in Ghana, including a lack of adequate training and
capacity building of the civil servants who interact with
stateless or at-risk persons. Many do not understand the
concept of statelessness and the dilemma facing persons
at risk of statelessness. They are, therefore, unable to
provide support or proper direction to the stateless and
to those at risk. Thus, the officers of government institutions who should be helping the stateless and persons at
risk of statelessness add to their plight.
Services in Ghana can be expensive. For stateless persons and persons at risk of statelessness, the government
and its institutions do not provide free or reduced cost
services, which would better enable stateless and atrisk persons to access essential services. This restricted
access to services also arises because Ghana, in large