16
Human Rights Advocacy Centre (HRAC) were also
interviewed. Officials from these institutions were interviewed because they represent the international community in Ghana and often work to address refugee,
migration, human rights, and statelessness issues.
Interviews with populations at risk of statelessness
were conducted by focusing on a border community —
Aflao in the Volta Region. For migrants at risk of
statelessness, the study focused on Fulanis in Agogo,
Hohoe, and Accra; and Zongo communities in Ho,
Hohoe, Tamale, Kumasi, and Accra. Former Liberian
refugees at Budumburam in the Central Region of
Ghana and former Sierra Leonean refugees, largely
located in a refugee camp in the Western Region, were
also identified as populations at risk of statelessness in
Ghana, and interviews were conducted with segments
of these populations.
Interviews were conducted using both structured and
unstructured questionnaires. Interviewees were selected
using the purposive sampling technique, which involved
the questioning of persons whom the researchers identified as being stateless or at risk of statelessness. The
number of interviewees varied from 15 to 20, depending
on how many people were willing to participate in the
study in each location.
To assess the practices of state institutions, the
researchers interviewed officials in five of Ghana’s
ten regions: the Greater Accra Region, the Ashanti
Region, the Northern Region, the Central Region, and
the Volta Region. The interviews were held in the
capitals of these selected regions with officials with
sufficient authority within each institution to provide
accurate and relevant information on their mandate
and processes. All interviews were conducted with the
aid of questionnaires, and the answers given by the
respondents were noted and incorporated into this
study. In addition, a stakeholders’ workshop was held
to validate the findings of the study.
Journal on Migration and Human Security 8(1)
De Jure and De Facto Statelessness
Article 15 of the United Nations’ UDHR enshrines the
universal norm that “everyone has a right to a
nationality.” The United Nations adopted two conventions that provide practical steps to assist in realizing the
right to nationality. The first was the 1954 Convention
relating to the Status of Stateless Persons (“1954 UN
Convention”). It ensures the enjoyment of human rights
by stateless persons by establishing an internationally
recognized status for them. The 1954 UN Convention
remains the only international treaty aimed specifically
at regulating standards of treatment for stateless persons.
The second convention, the 1961 UN Convention on the
Reduction of Statelessness (“1961 UN Convention”),
establishes an international framework to ensure the
right of every person to a nationality by establishing safeguards to prevent statelessness at birth and later in life.
In the strict sense, a person is stateless if he or she is
not a national of any state under the operation of its law.
This definition of statelessness is known as de jure statelessness because it arises from the absence of the formal
bond of nationality, in which nationality is determined
according to a state’s domestic laws. De jure stateless
persons are persons who are not nationals of any state,
either because at birth or subsequently they were not
given any nationality, or because during their lifetime
they lost their own nationality and did not acquire a new
one. The operation of a state’s domestic laws may thus
leave a person without any nationality.
The concept of de jure statelessness has been criticized as being too narrow. Some individuals technically
possess a nationality but are unable to enjoy its benefits
because they cannot prove their nationality; or because
the state of their nationality is not able or willing to offer
them protection; or due to practical considerations such
as cost, circumstances of civil disorder, or fear of persecution. This is termed de facto statelessness. For example, women and children who have been subjected to
human trafficking are often held in a foreign country
in conditions akin to slavery, with no access to their passLegal and Institutional Frameworks
ports and no practical possibility of seeking the protecRelating to Statelessness
tion of their national state. In de facto stateless
This section of the article examines the legal and institu- situations, the person is a national of some state but lacks
tional frameworks relating to statelessness. Statelessness the protection of the laws of that state (Milbrandt 2012).
Without citizenship, stateless people may lack legal
as a concept is defined, followed by a brief examination
of the international, regional, and national legal and protection and sometimes the right to vote, and they
often lack access to education, employment, healthcare,
institutional frameworks on statelessness.