Atuguba et al.
identity card if she is able to procure two guarantors, who
must be citizens of Ghana and registered voters. Notably, National Health Insurance identity cards (NHIS
cards), pursuant to the decision of the Supreme Court
in Abu Ramadan and Another v. The Electoral Commission and Another and Kwasi Danso Acheampong v. The
Electoral Commission and Another (consolidated writs,
2014), are no longer accepted by the Electoral Commission as proof of Ghanaian citizenship. The rationale for
this decision was that the National Health Insurance card
is available to both citizens and noncitizens, including
stateless persons.
Access to Justice, Assistance, and Protection of the
State
Stateless persons are guaranteed the fundamental human
rights enshrined in the 1992 Constitution of Ghana and
are entitled to protection by the Executive, Legislature,
and Judiciary against infringement of such rights. They
have the right to apply to the High Court for the enforcement of these rights (Constitution of Ghana 1992). This
access to the judicial system is in line with Article 16 of
the 1954 UN Convention on statelessness, which provides for access to the courts by stateless persons.
In practice, however, stateless persons or persons at
risk of statelessness very often do not avail themselves
of the assistance and protection of the Ghana Police Service, the justice system, and other state institutions. They
are usually voiceless and not able to muster courage to
avail themselves of state institutions. Stateless persons
interviewed in the course of this study expressed a general fear to interface with the Police Service or other similar state institutions for fear of being removed from the
country as illegal aliens. These concerns also limit the
right of stateless persons to access justice.
The Right to Work
The right to work for stateless persons and persons at risk
of statelessness is hindered by the lack of appropriate
identity documents, particularly in the formal sector.
In the informal sector, there are fewer restrictions, but
an identity document might still be necessary to access
a bank loan or other services. The inability of stateless
persons to work and earn a living has adverse consequences on their ability to provide for themselves and
their families.
29
Conclusion and Recommendations
This study makes a number of recommendations for
addressing issues of statelessness in Ghana. First, the
Ministry of the Interior should take pragmatic steps —
with fixed timelines — to finalize and adopt the National
Plan of Action for the eradication of statelessness in
Ghana by 2024. The plan should take into consideration
the provisions of the 2017 Banjul Plan of Action and
should include reasonable timelines. The ministry must
establish reasonable and clear procedures and conditions
for nationality, and it must effectively publicize them.
Second, the Ministry of Foreign Affairs should establish clear channels to appeal the decision of an officer
who refuses an applicant’s application for a passport
on the grounds of ethnicity or on other arbitrary grounds.
Third, Ghana should ratify — through an Act of Parliament — the 1954 and 1961 Conventions on statelessness. Their ratification through an Act of Parliament,
rather than by a Resolution of Parliament, would align
with recent decisions of the Ghanaian Supreme Court
and better ensure that the rights created under the Conventions are enforceable by the Ghanaian courts. Article
6(2) of the 1992 Constitution should be amended to
accord a child (of any age and regardless of whether the
child’s parents are known), who is born in Ghana and
who would otherwise be stateless, citizenship of Ghana.
Fourth, the UNHCR should collaborate with strategic
state institutions like the Commission on Human Rights
and Administrative Justice, the National Commission
for Civic Education (NCCE), the Births and Deaths Registry, the Ghana Statistical Service, the National Identification Authority, and other relevant agencies to
undertake massive public education on citizenship and
its acquisition, especially among communities that may
be at risk of statelessness.
Fifth, the Births and Deaths Registry and other state
institutions like the Ghana Immigration Service should
collaborate more closely on determination of nationality. Frequent sharing of relevant, timely, and accurate
information will make status determinations easier, and
will improve the chances of a more just course of action
with respect to a stateless person or person at risk of
statelessness.
Sixth, district magistrates should be involved in determining the nationality of a parent or an applicant in cases
of doubtful nationality. This step will ensure greater
accuracy in nationality determinations through the