Terms of Reference. Study on Statelessness in Ghana

Transcription

1 Terms of Reference Study on Statelessness in Ghana

2 Background Terms of reference Study on statelessness in Ghana The Republic of Ghana is party to neither the 1954 Convention relating to the Status of Stateless Persons, nor the 1961 Convention on the Reduction of Statelessness. Ghana has, however, ratified the 1989 Convention on the Rights of the Child and the 1990 African Charter on the Rights and Welfare of the Child 1. The relevant national laws, which have effect on access to nationality and nationality documentation, include the Constitution of the Republic of Ghana subsequently amended in 1996; Citizenship Act, 2000, and its regulations. Other legislations, which may also impact on nationality, include the Registration of Births and Deaths Act, 1965; National Identity Register Act, 2008; Immigration Act, 2003, and Ghana Refugee Law, The institutions that impact on access to Ghanaian nationality, and the proofs of nationality include Ministry of the Interior, Ministry of Foreign Affairs and Regional Integration, Ghana Immigration Service, National Identification Authority, Ministry of Local Government and Rural Development, Births and Deaths Registry, and Ghana Refugee Board. The basis in the national legislation for the acquisition of citizenship at birth includes acquisition of nationality at birth by descent (jus sanguinis). Thus, Article 6 of the 1992 Constitution relating to citizenship provides that a person born in or outside Ghana after the coming into force of the Constitution shall become a citizen of Ghana at the date of his birth if either of his parents or grandparents is or was a citizen of Ghana. It further provides that a child of not more than seven years of age found in Ghana, whose parents are not known, shall be presumed to be a citizen of Ghana by birth; and a child of not more than sixteen years of age, neither of whose parents is a citizen of Ghana, who is adopted by a citizen of Ghana shall by virtue of the adoption be a citizen of Ghana 2. In addition to the Constitution, the Citizenship Act, 2000 outlines the legal conditions applicable for acquisition of citizenship by birth at given points in time and for acquisition of Ghanaian citizenship other than by birth. The law allows dual citizenship and states the conditions for renunciation and deprivation of citizenship. It also provides for certificates of citizenship in a doubtful case and details documents that shall be presented as evidence. Nonetheless, the documents that are recognized in practice to prove Ghanaian nationality include Ghanaian passport, driving license, voter card and national identification card. Also the mandatory issuance of the national identification card is not yet in force. Others are birth certificates issued by the Births and Deaths Registry. For those who have acquired nationality other than by birth, a certificate of naturalization delivered by the Minister of the Interior can equally serve as evidence of nationality. In Ghana, the number of stateless persons or persons at risk of statelessness is unknown in the absence of data. There is neither a comprehensive assessment available on the scale of the situation of statelessness in terms of size and geographical spread, nor information on the profile of the affected population (including its demographic composition with data disaggregated by sex and age). Data on stateless persons or persons found with an undetermined nationality was not recorded in the national housing and population census. So far, limited analysis has been conducted on the causes and consequences of statelessness in Ghana as well as risk factors of statelessness. Birth registration remains critically low in Ghana with only 63% of births registered 3 despite the existence of a free registration policy before a child reaches one year old. Furthermore, 1 African Charter on the Rights and Welfare of the Child, 11 July 1990, CAB/LEG/24.9/49 (1990), available at: Every Child's Birth Right: Inequities and trends in birth registration, December 2013, available at: 1

3 and in spite of the existing nati onal legal framework institutionalizing the National Identification Authority, Ghana does not yet have an operational national administrative and population registry. Efforts are ongoing to consolidate a national civil status registry, which, in the long-term, shall be linked to the national identification system. Media also indicate that some individuals with particular ethnic background, although meeting the requirements of the law face serious difficulties in obtaining a Ghanaian passport due to a general perception that people belonging to some non -indigenous groups of Ghana (i.e. Fulani and Hausa) are not Ghanaians. Such situation is at variance with the law and may lead to arbitrary denial of access to nationality documentation based on discriminatory grounds rendering certain individuals at risk of statelessness if not stateless. In Ghana, the risk of becoming stateless is not confined to in situ situations. Migrants and refugees in prolonged exile in Ghana, who have neither civil status documents nor other individual documents of their country of origin, may also be at risk of statelessness. Of particular concern are former refugees (such as Liberians or Sierra Leoneans) who have not acquired an appropriate alternative legal status after the declaration of cessation and who remain in Ghana without any form of documents from their country of origin. Refugees who fled the political unrest in Togo in the early 1990s, who wish to locally integrate in Ghana, are likely to face difficulties for evidencing their nationality in absence of documents from their country of origin. The Government of Ghana and UNHCR have launched a Multi-Year Solutions and Protection Strategy seeking inter alia to attain long-term and comprehensive legal status in Ghana for Togolese opting to remain in Ghana. In UNHCR and Government s view, this requires that due attention is given to their effective access to proof of nationality with the ultimate aim to prevent statelessness. In Ghana, the existing circumstances that can facilitate the implementation of the study include: The Abidjan Declaration of Ministers of ECOWAS Member States on the Eradication of Statelessness 4 calls upon States in Article 1 and Article 15 to conduct a study on statelessness and gather further data on the stateless populations in their respective countries. The Conclusions and Recommendations of the Ministerial Conference on Statelessness in the ECOWAS Region 5 in Paragraph 48 states: it is essential that States conduct a study on the legal and administrative framework related to nationality. The firm commitment made by the Government of Ghana to accede to both Statelessness Conventions by Government of Ghana has appointed a Government Statelessness Focal Point. Cabinet has approved and lunched the National Migration Policy which outlines a number of strategies including research on statelessness in Ghana. The recent multi-stakeholder workshop held on January 2016, for the adoption of the national action plan to eradicate statelessness in Ghana that includes, under Action 8, the conduct of background study on statelessness in Ghana by Purpose and objectives of the study The overall purpose of the study on statelessness is to conduct a comprehensive assessment of the legal, policy and administrative frameworks as well as the processes/practices impacting on access to nationality in Ghana with the ultimate aim to identify the causes, risk 4 Abidjan Declaration of Ministers of ECOWAS Member States on Eradication of Statelessness, 25 February 2015, available at: 5 Conclusion and Recommendations of the Ministerial Conference on Statelessness in the ECOWAS Region, 25 February 2015, available at:

4 factors and consequences of statelessness and to recommend measures or actions necessary to prevent and/or reduce statelessness in Ghana. The Commission on Human Rights and Administrative Justice (CHRAJ) and the UNHCR Representation in Ghana are seeking to recruit a qualified researcher for a three-month period in order to carry out the background study on statelessness in Ghana (consultancy). The research work and final study will be reviewed by CHRAJ and the UNHCR Representation. Scope of the study In the study, the researcher will aim specifically at collecting and analyzing data on the following: Gaps in the legislative, policy and administrative frameworks that may lead to statelessness, and compliance of the domestic legislation with regional, and international standards; Discrepancy between law and practices; Procedures and processes for the issuance of birth registration documents, including late birth registration certificates, linked to a national civil status registry and at longterm level with the national identification system; Procedures and processes/practices regarding the issuance of national passports, national identity documents and documents proving nationality (Nationality Certificates); Mapping of stakeholders, including identification of actors involved in prevention of statelessness and protection of stateless persons; Identification and assessment of groups at risk of statelessness in Ghana including migrants, and protracted refugee populations (i.e. refugees of Togolese origin, and former refugees of Liberian origin) comprising a review of legal, policy and administrative frameworks and practices on access to nationality in the main country of origin of these migrants/former refugees; Legal resources, including legal services providers such as legal aid, if any, and processes for persons at risk of statelessness, including statelessness migrants, to obtain proof of nationality; Analysis of existing mechanisms to reduce statelessness, such as naturalization procedures, or any measures/procedures in place to address protracted situations of statelessness; and Analysis of the situation and treatment of stateless persons (in situ and migrants), with a particular focus on their treatment by law enforcement and situation of children. Expected Deliverables - A survey for the identification; and focus group discussions with various population groups - A study report that includes at least the following: A summary of the key findings; 3

5 A legal analysis of the legal, policy, administrative and institutional frameworks as well as practices impacting on access to nationality, proof of nationality and statelessness with a view to identify gaps: causes and risk factors in Ghana; An analysis of the consequences of statelessness in Ghana with regards to employment, education, voting rights, access to justice, freedom of movement, property, ownership, and healthcare; An initial identification of groups that may be stateless, or at risk of statelessness. The analysis of these affected population groups includes their geographical location, their profiles, including demographic composition, birth registration rates, and protection needs; A brief analysis of the overall situation of populations identified at risk of statelessness or as being stateless; Recommendations on measures for the prevention and reduction of statelessness in the Ghana cont exts including specific recommendations for protective measures to reduce the risk of statelessness among protracted refugees opting to remain in Ghana, and; List of contacts of key organizations both governmental and nongovernmental, as well as persons who provided substantial information in the course of the study and who play or could play a role in addressing statelessness in Ghana established. Qualifications and Experience required for the researcher: Ph.D. or Advanced university degree (Master or equivalent) in law and/or international human rights; Previous experience in complex legal questions relating to nationality laws, including analysis of conflicts of laws; At least 6-8 years research experience in the area of human rights law, nationality, and statelessness; Sound knowledge of civil law systems, common law, and ECOWAS legal and policy frameworks; Good understanding of the statelessness concepts; Ability to mainstream anthropological, sociological and historical analysis into t he study on questions on nationality and statelessness; Excellent interpersonal, negotiation and communication skills; Demonstrated excellent analytical and drafting skills; and Knowledge of spoken and written French is highly desirable. Application Procedure: Interested candidates should review the full Terms of Reference on the UNHCR Ghana website ( An application should be submitted to the UNHCR Representative, 16 Labone Drive, 4th Dade Walk either by post mail: UNHCR, Private Mail Bag, KIA, Accra or by ghaac@unhcr.org. It should include: a letter of motivation, a CV and a written sample of previous research. Deadline for application is 20 June