20 statelessness. Consequently, it does not include in its legislation the main safeguard against statelessness at birth, that is, allowing children born in a country to acquire the nationality of that country if they would otherwise be stateless. Strictly speaking, therefore, Ghana is in contravention of Article 6 of the ACRC and Article 2 of the 1961 UN Convention. Ghana is, however, involved in regional efforts to eradicate statelessness by 2024. To this end, Ghana is following through on its commitment to the Abidjan Declaration and the Banjul Plan of Action on the eradication of statelessness. Furthermore, some of Ghana’s laws are very progressive in addressing statelessness. As discussed below, these include provisions regarding: (1) the acquisition of Ghanaian citizenship for foundlings and adopted children, (2) nondiscrimination against women in their right to transfer their nationality to their children, (3) prohibitions against arbitrary deprivation of citizenship, (4) the acquisition of Ghanaian citizenship after a Ghanaian loses the same due to marriage, and (5) other means of protecting women from the risk of statelessness. Citizenship for Foundlings. According to Ghana’s 1992 Constitution, a child not older than seven years of age who is found in Ghana is considered a foundling and is accorded Ghanaian citizenship. The age limit may be considered as a negative aspect of this provision, in light of international efforts to provide nationality to children of all ages. The Hague Convention established one of the longest standing norms relating to the prevention of statelessness for those who cannot acquire their parents’ nationality — the right to a nationality in the state where they were found for children of unknown parents.9 Conferring Citizenship by Adoption. Ghana’s law on citizenship by adoption, although more progressive than the laws of other jurisdictions, is also restricted by age. The 1992 Constitution extends citizenship by virtue of his or her adoption by a Ghanaian to a child not older than 16 years of age, neither of whose parents is a Ghanaian. Acquisition of Citizenship by Naturalization and Registration. There are provisions in the 1992 Constitution that allow for the acquisition of citizenship by registration following a marriage between an applicant who is not a citizen of Ghana and a spouse who is a citizen of Ghana. 9 Hague Convention, 1930. Journal on Migration and Human Security 8(1) Stateless persons may therefore be able to acquire Ghanaian citizenship through registration by being married to Ghanaians and on satisfying other statutory requirements (Constitution of Ghana 1992). The 1992 Constitution of Ghana states that a person could also independently apply for citizenship by naturalization, if they satisfy the residency and other requirements and pay the applicable fees. Gender Discrimination and Statelessness in Ghana. Ghana does not discriminate against women in their ability to transfer citizenship to their children. Thus, a child born in or outside Ghana, one of whose parents or grandparents is a citizen of Ghana, becomes a citizen of Ghana (Constitution of Ghana 1992). This provision accords both men and women an equal right to transfer the citizenship of Ghana to their children. Provisions in Ghana’s citizenship law, however, discriminate in favor of women and against men. Both men and women who are not Ghanaian citizens can become citizens following marriage to a Ghanaian citizen. A man, however, must be a permanent resident in Ghana at the time of application, according to Ghana’s 1992 Constitution, but this provision does not apply to a woman. In addition, Section 10(3) of the Citizenship Act, 2000 (Act 591), allows a surviving spouse to register as a citizen of Ghana if, during the lifetime of the deceased spouse and during the marriage, the surviving spouse neglected to apply for and obtain Ghanaian citizenship. The death of the Ghanaian spouse does not preclude the surviving spouse from applying for and obtaining citizenship of Ghana by registration. No similar provision is available to a man in these circumstances. The 1992 Constitution of Ghana states that a woman who obtains Ghanaian citizenship through marriage to a Ghanaian citizen continues to be a Ghanaian citizen after the annulment of the marriage or the grant of a divorce order, unless she renounces her citizenship of Ghana. Such a woman can continue to transfer citizenship of Ghana to her children, even in cases in which the other parent of the child is unknown or is not a citizen of Ghana. This has the potential of reducing the risk of statelessness. In addition, a child of a marriage of a woman registered as a citizen of Ghana shall continue to be a citizen of Ghana unless he or she renounces that citizenship. This is also a safeguard against statelessness.