26
a citizen of any of the countries of which either parent is
a citizen.
Around Aflao, at Ghana’s border with Togo, there is a
community called Kologa on the Ghana side of an
unauthorized entry point. This community is made up
predominantly of people who are considered Nigeriens
and not citizens of Ghana. Ghana Immigration Service
officials that operate around the Aflao border classify the
people of this community as non-Ghanaians.
Residents of Kologa believe they are citizens of
Ghana. In an interview for this study, a cross section
of these residents revealed that most of them were born
in Ghana. In some cases, their grandparents were born in
Ghana before Ghana gained independence from the British. In their view, it is unacceptable for persons and
institutions in Ghana to continue to identify them as
non-Ghanaians and deprive them of many essential
services that are ordinarily given to citizens of Ghana.
Most of them know no other home but Ghana.
That said, many persons in Kologa may be at risk of
statelessness. To the extent that births and deaths that
occur in this community are not registered, the potential
risk of statelessness is increased, especially if the parents
of a child born in Kologa do not have the necessary documentation to prove or confirm their nationality,
whether Ghanaian or Nigerien.
Ghana’s Migration Policy (2016) recognizes the need
for effective border management that aims to prevent
irregular migration, human trafficking, smuggling, and
other illicit activities. Border enforcement, establishment of a national entry/exit database, and strengthening
the capacity of government agencies on migration and
national security are also necessary to manage mixed
migration flows, combat immigration crime, and manage border movements (Ghana Migration Policy 2016).
Zongo Communities in Ghana
This study found that descendants of persons who lived
in Zongo communities, pre- and post-independence,
who originated from other countries (particularly other
West African countries) might be at risk of statelessness
in the absence of identity documentation to prove their
Ghanaian citizenship. As stated, Ghana is a jus sanguinis
nation where nationality is by ancestry, and the descendants of persons in Zongo communities are nationals of
other countries. They are also at risk of statelessness as a
result of administrative practices of key institutions of
Journal on Migration and Human Security 8(1)
state that discriminate against them on grounds of their
origin, religion, language, and physical traits, in violation of the 1992 Constitution of Ghana.
Zongo communities constitute some of the most heterogeneous communities in Ghana. There is a Zongo
community in almost every major town in Ghana. During the precolonial era, Zongo communities were the
communities most settled in by both non-natives of a
town and non-Ghanaian citizens, particularly citizens
of other West African countries that found themselves
living in Ghana for extended periods of time.
Undoubtedly, the Zongo communities have always
been and continue to be part of the most underprivileged
and least economically developed communities in
Ghana. Their access to education, health, potable water,
good sanitation, and other essentials of life has always
been quite poor, with serious deleterious effects on these
communities.
Historically, the Zongo communities were made up of
nationals of other countries as well as non-natives of
their towns and villages. The majority of these residents
became citizens of Ghana effective March 6, 1957, when
Ghana gained independence from Great Britain. All
non-nationals of the then–Gold Coast who had apparently lost the assistance and protection of the countries
they originated from became citizens of the new country,
Ghana. This was the case notwithstanding the heterogeneity of these communities and the fact that persons in
these communities could still speak languages that originate in other West African countries.
The main issue, however, is one of documentation.
Since there is no database or register of persons who
became citizens of Ghana after Ghana gained its independence, we found that it is difficult for such persons
to proffer satisfactory evidence that they are citizens of
Ghana.
Notwithstanding the grant of Ghanaian nationality to
persons in the then–Gold Coast, persons who did not
acquire Ghanaian citizenship at the time Ghana gained
independence, as well as those who entered Ghana after
independence and never acquired Ghanaian citizenship,
may be stateless or at risk of statelessness, even if they
have fully integrated in Ghana, adopted the culture of
these communities, consider themselves to be citizens
of Ghana, and have lost the assistance and protection
of their home countries. Recent arrivals to the Zongo
communities from abroad would not have parents or
grandparents who are Ghanaian, and may not have any