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In addition, children who are born to such persons and
who do not otherwise acquire Ghanaian citizenship
through the jus sanguinis principle also risk being stateless. If these births are not registered with the nationality
of their parents, these children may be at risk of
statelessness.
Even when these births are registered, future generations of the children of these migrants may be at risk of
statelessness if they continue to live in Ghana and have
children with noncitizens of Ghana whose home countries practice jus soli. The risk of statelessness is also
heightened if the laws of the home country of these
immigrants require them to return to their countries
within a specified time, failing which they may lose their
citizenship.
Nomadic Fulanis and their descendants constitute part
of the migratory population that is at risk of statelessness
in Ghana because they usually do not carry with them
appropriate identity documentation evidencing their
nationality. Fulanis are an ethnic group that can be found
everywhere in West Africa. A large number are nomadic
and are associated with animal husbandry, while others
have settled within the borders of particular nations
(interview with Prof. Sheikh Osman Bari, president of
the Fulani Association of Ghana, 2017). Due to the
nature of nomadic tribes, they move from one country
to another in search of pastures to feed their cattle and
do not often return to their countries of origin. While
in Ghana, they live in remote areas, where access to
healthcare and education is often a challenge. As a result
of where they live and the fact that they shy away from
indigenous Ghanaians, births in this community often go
unregistered, and the children born are often not issued
birth certificates, which is a means of preventing statelessness among these children (interview with the Fulani
Association of Ghana).
Liberian, Sierra Leonean, and Togolese Refugees in
Ghana
Former Liberian and Sierra Leonean refugees in Ghana
and their descendants fled civil wars in their countries
between the early 1990s and 2000s with few possessions, and they have little to no documentation (UNHCR
2011). They have lived in various parts of Ghana. Some
have naturalized as Ghanaians; others have integrated
into communities in Ghana. During our fieldwork, some
of them explained their situations:
Journal on Migration and Human Security 8(1)
Thomas was born in Liberia. He has no birth certificate,
and he does not speak any of the indigenous languages
of Liberia. His uncle brought him to Ghana in 1996 during
the conflict in Liberia. Thomas had a mental incapacity at
the time his uncle brought him to Ghana, after he witnessed
his own father being murdered in cold blood in Liberia.
Thomas does not want to go back to Liberia because the
person who slayed his father is still alive and lives in
Liberia. (Interview with Thomas, a Liberian refugee in
Ghana)
Without documentation, refugees lack proof of their
nationality. In Ghana, many refugees are in protracted
situations — some arrived in Ghana when very young,
and some were born in Ghana to refugee parents. For
instance:
Sandra was born in Ghana at the Budumburam Refugee
Camp; both of her parents, however, were Liberians. Her
father passed away some years ago, while her mother is
still alive and lives in Ghana. Her parents came to Ghana
during the war in Liberia. The family has since never
returned to Liberia. Sandra speaks only English and is
unable to speak any of the indigenous Liberian languages.
She has never traveled to Liberia or out of Ghana. (Interview with Sandra, a Liberian refugee in Ghana)
Any child born in Ghana is entitled to a birth certificate, regardless of their parents’ nationality. The birth
certificate states the parents’ nationality, and while it
does not constitute a nationality document issued by
their country of origin, it provides proof of the child’s
nationality. As such, it protects the child from statelessness, even in the event that their parents die and leave
behind no proof of their own nationality. UNHCR and
the Ghana Refugee Board make efforts to ensure that
children of refugees born in Ghana obtain birth certificates to prevent the children from becoming stateless.
The Ghana Refugee Board estimates that there are
also approximately 3,000 Togolese refugees in Ghana,
of which approximately 2,700 reside in the Volta Region
(Ghana Refugee Board 2017). While cessation will
likely be implemented for Togolese in the near future,
few Togolese refugees have nationality documentation
from Togo. In a 2015 survey conducted by UNHCR and
partners, only 30 percent of Togolese respondents
claimed they had some form of nationality document
(UNHCR 2008). Because most respondents did not carry
the documents on their person, UNHCR could not