28 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).

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