Atuguba et al.
to a nationality was further elaborated in 2003 with the
adoption of the Protocol on the Rights of Women in
Africa, which acknowledges their right to acquire a
nationality and, in the event of their marriage, to
acquire their husbands’ nationality (ACRC 1990; Protocol 2003).
The African Commission on Human and People’s
Rights has addressed both general and country-specific
issues related to nationality and statelessness in communications and resolutions. In its resolutions, the commission has affirmed that the right to a nationality is implied
within the provisions of Article 5 of the African Charter
on Human and People’s Rights on legal status and is
essential for the enjoyment of other fundamental rights
and freedoms under the charter.
In February 2015, government representatives in
charge of nationality issues of the ECOWAS member
states met in Abidjan for the subregional ministerial conference on statelessness in West Africa, jointly organized by UNHCR and ECOWAS. As a result of the
conference, the ministers adopted a declaration on the
eradication of statelessness, the Abidjan Declaration,
in which they committed to identify and protect stateless persons as well as prevent and reduce statelessness. All heads of states in the ECOWAS region
endorsed this declaration during the summit meeting
held in Accra, Ghana, on May 19, 2015 (UNHCR and
ECOWAS 2015).
The Abidjan Declaration recognizes that statelessness is a significant issue in the region and sets out
25 measures or commitments covering prevention of
statelessness, identification and protection of stateless
persons, the resolution of existing situations of statelessness, and strategies and partnerships for fighting
statelessness. It seeks to put an end to statelessness
by 2024. The declaration seeks to ensure that all children acquire nationality at birth and recognizes the
impact of gender discrimination in nationality laws.
It also addresses the need to improve civil registration
systems and to tackle migration as a factor in creating
statelessness. The conference also resulted in the
adoption of 62 recommendations on how to implement
the commitments made.
All ECOWAS states are parties to treaties that provide
for the right to a nationality, such as the United Nations
Convention on the Rights of the Child (November 20,
1989), the ACRC (July 1, 1990), the International Covenant on Civil and Political Rights (December 19, 1966),
19
and nondiscrimination treaties.7 In the civil law countries, these treaties have direct effects, and the nationality codes frequently provide that treaty provisions
prevail over national law (Manby 2015).
In West Africa, only Guinea Bissau provides in its
constitution that every person has the right to a nationality.8 Benin, Burkina Faso, Côte d’Ivoire, Mali, and
Niger, however, specifically provide in their nationality
codes that the terms of treaties on nationality to which
the state is a party apply even if they are contradicted
by national law.
The Banjul Plan of Action (ECOWAS 2017) is based
on the commitments and recommendations made in the
Abidjan Declaration. Thus, it strictly follows the spirit of
the Abidjan Declaration. The Plan of Action entails support measures that ECOWAS and UNHCR can provide
to member states in accordance with Articles 22 and 25
of the Abidjan Declaration. It includes measures that
ECOWAS will adopt to follow up on the requests made
by member states in the Abidjan Declaration, and it
spells out mechanisms for monitoring the implementation of the Abidjan Declaration.
National Legal Framework on Statelessness
In Ghana, the question of who is legally entitled to citizenship — meaning persons who do not have to register
or naturalize to claim Ghanaian citizenship — is
answered in Article 6 of the 1992 Constitution of Ghana,
which provides that (1) every person who was a citizen
of Ghana at the time the Constitution became enforceable continued to be a citizen of Ghana; and (2) any person, whether born in or outside Ghana, is a citizen of
Ghana if any of his parents or grandparents is or was a
citizen of Ghana. Furthermore, children younger than
seven years who are found within Ghana and whose parents are not known are presumed to be citizens of Ghana.
Finally, children younger than sixteen years who are
adopted by citizens of Ghana acquire Ghanaian
citizenship.
Ghana is not a signatory to and has not ratified either
the 1954 UN Convention or the 1961 UN Convention on
7
The nondiscrimination treaties include the Convention on the
Elimination of All Forms of Discrimination against Women, the
Convention on the Elimination of All Forms of Racial Discrimination, and the Convention on the Rights of Persons with
Disabilities.
8
Guinée-Bissau Constitution, 1984.