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Ghana: Update to GHA29191.E of 15 May 1998 on the right to Ghanaian citizenship for a person born in Ghana to a Ghanaian mother and foreign father, who has lived most of her/his life in Ghana, but who has always held the father's citizenship

In response to the above-mentioned question, the First Secretary, Consular Officer at the Ghana High Commission, in Ottawa, stated in a telephone interview that such an individual would be considered a Ghanaian citizen by birth (1 Oct. 2003). However, the First Secretary also stated that if the individual had at some point renounced her or his Ghanaian citizenship, she or he would have to re-apply for dual citizenship (ibid.).

The Constitution of the Republic of Ghana, which was amended and assented to on 16 December 1996, states that "a citizen of Ghana may hold the citizenship of any other country in addition to his citizenship of Ghana" (Sec. 8.1).

However, in relation to the citizenship rights of a person born in Ghana who holds the citizenship of the foreign-born father's country but whose mother is Ghanaian, Ghana's Citizenship Act, 2000, which came into force on 5 January 2001, stipulates the following:

3. (1) A person born on or after 6th March 1957 and before 22nd August 1969 is a citizen of Ghana by birth if–

(a) he was born in or outside Ghana and either of his parents, and also one at least of his grandparents or great-grandparents, was born in Ghana; ...

4. (2) A person is not a citizen of Ghana for the purposes of subsection (1) of this section if at the time of his birth the parent, grandparent or great-grandparent through whom the citizenship is claimed has lost his citizenship of Ghana.

For more detailed information relating to existing citizenship, citizenship by birth, acquisition of Ghanaian citizenship otherwise than by birth, dual citizenship and renunciation and deprivation of citizenship, please see the attached Citizenship Act, 2000.

This Response was prepared after researching publicly accessible information currently available to the Research Directorate within time constraints. This Response is not, and does not purport to be, conclusive as to the merit of any particular claim to refugee status or asylum. Please find below the list of additional sources consulted in researching this Information Request.

References

Ghana. 5 January 2001. Parliament. The Citizenship Act, 2000 (ACT 591). (UNHCR Country of Origin and Legal Information Database) <http://www.unhcr.org/cgi-bin/texis/vtx/rsd> [Accessed 1 Oct. 2003]
_____. 16 December 1996. Constitution of the Republic of Ghana (last amendment 1996). Unofficial consolidation by the United Nations High Commissioner for Refugees (UNHCR). (UNHCR Country of Origin and Legal Information Database) < http://www.unhcr.org/cgi-bin/texis/vtx/rsd/print.html?CATEGORY=RSDLEGAL&id=3ae6b5850> [Accessed 1 Oct. 2003]

Ghana High Commission, Ottawa. 1 October 2003. Telephone interview with the First Secretary, Consular Officer.

Attachment

Ghana. 5 January 2001. Parliament. The Citizenship Act, 2000 (ACT 591). (UNHCR Country of Origin and Legal Information Database) <http://www.unhcr.org/cgi-bin/texis/vtx/rsd> [Accessed 1 Oct. 2003]

Additional Sources Consulted

IRB databases

Internet sites, including:

Africa Confidential

Africa Online

AllAfrica.com

BBC Africa

Ghana Embassy, Washington

Ghana Review International

Ghana Web

The Ghanaian Chronicle

Integrated Regional Information Networks (IRIN)

Pritchard Law Webs

Search engines:

Google