Ghanaian Citizenship by Birth - A case for progressive reforms
An interesting discussion I had with a friend a couple of weeks ago has prompted me to delve into the issue of who is a citizen of Ghana by birth and whether members of every indigenous ethnic grouping found in Ghana can automatically regard themselves as Ghanaians by birth.
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The problem my friend had is that he being a Fulani, had his Passport application refused because the Fulani is not an indigenous tribe of Ghana. This refusal occurred even though he backed his application with a valid birth certificate that showed that he is Ghanaian.
The question of who is a citizen of a country by birth in this modern world is always a legal question and an answer to this critical question must come from some law.
In the case of Ghana it is the Citizenship Act, 2000 (ACT 591). By this law one can be a citizen of Ghana by birth, through adoption, marriage or naturalization. However, out of the four methods of acquiring citizenship in Ghana the most controversial has been citizenship by birth.
Most persons belonging to the indigenous ethnic groupings in Ghana and who are born in Ghana presume that they are Ghanaian citizens because they belong to indigenous tribes of Ghana apart from being born in Ghana. There is however, an additional requirement under Ghanaian law before a person born in Ghana can claim to be a citizen by birth.
The citizenship law provides that persons born before 6 March 1957 are citizens of Ghana by birth if:
(a) He or she was born in Ghana and at least one of his or her parents or grandparents was born in Ghana; or
(b) He or she was born outside Ghana and one of his or her parents was born in Ghana.
Before 6 March 1957 there was no Ghana so how do we determine if a person was born in Ghana before 6 March, 1957?
Ghana was adopted as the legal name for the area comprising four separate parts, which immediately before independence enjoyed distinct constitutional positions, that is the Colony of the Gold Coast, the Colony of Ashanti, the Protectorate of the Northern Territories and the Trust Territory of Togoland (under British administration).
Therefore if a person was born in one of these areas and one of his or her parents or grandparents was also born in any of the four named geographical regions before 6 March 1957, that person could claim to be a Ghanaian by birth. It did not matter if the parents of the person claiming Ghanaian citizenship did not belong to an indigenous tribe in these four regions.
It follows therefore that persons belonging to tribes like the Fulani and Hausa for example though not indigenous tribes of Ghana, can claim to be citizens of Ghana by birth. All they need to do is to prove that they were born in Ghana and that one of their parents or grandparents was also born in Ghana; or that he or she was born outside Ghana but one of his or her parents or grandparents was born in Ghana.
This criteria has been preserved under the 1992 Constitution. A persons born on or after 7 January 1993 when the 1992 Constitution came into force is a citizen of Ghana by birth:
• if he or she was born on 7 January 1993 or born after that date in or outside Ghana; and
• at the date of his or her birth, one of his or her parents or one grandparent was or is a citizen of Ghana.
Most of us know that we, our parents and grandparents were born in Ghana but can we prove it? Under these onerous circumstances one can prove to be a citizen of Ghana by birth only if he or she is able to produce two documents. That is his own birth certificate (primary document) and the birth certificate of his parent or that of his grandparent (secondary document). One document cannot do the job. The two must go together.
Most parents and grandparents in Ghana do not even know their date of birth. This is the reality for most adults born before independence and it will be difficult to fulfill our stringent citizenship requirements should it be adhered to, to the letter. I tried to test my views on an educated man from the Volta Region and his answers to my questions confirmed my thoughts. He believes he is a Ghanaian because he is an indigene, born in Ghana with his parents also being born in Ghana. However he cannot produce the birth certificate to prove that his parents were born in Ghana. So he cannot call himself a Ghanaian by birth going by the legal standard.
Our citizenship laws need reform to take out the needless tension that the current system engenders. To become a citizen by birth in the United States of America for example, you must:
•Have been born in the United States or certain territories or outlying possessions of the United States, and subject to the jurisdiction of the United States; OR (NOT AND)
•had a parent or parents who were citizens at the time of your birth (if you were born abroad) and meet other requirements.
There is no requirement of proving that your parent or grandparent was also born in the United States of America before you became an American by birth. You just have to be born there. That is why most pregnant Ghanaians and other nationalities dash to the United States just to give birth there.
The Fulani and Hausa people who reside in Ghana have long regarded themselves as Ghanaians mostly because most of them were born in Ghana. A Hausa or Fulani though not an indigene should be able to legally claim Ghanaian citizenship if that person can prove that he or she was born in Ghana.
Citizenship by birth should mean just that! The additional requirement of proving your grandparent is or was a Ghanaian is a misnomer and a surplus requirement.
Our Citizenship laws are not based on principles of indigenousness. With the current state of our Citizenship laws an Akan, Ewe, Mossi, Dagomba or Ga can easily find him or herself in the predicament of the Hausa and the Fulani.
Law is a progressive tool for social development and not a hindrance. One way we can develop our Ghanaian society is by reforming our citizenship laws to embrace the millions who contribute to our socio-economic development but cannot be counted as Ghanaians because they cannot prove the origin of their parents or grandparents.
Elikplim Agbemava, Managing Partner
Fidelity Law Group.
Email: [email protected]