Scholar submits memo on rights of Fulani, Hausa, Yoruba who face exclusion from civic recognition despite being born and raised in Ghana

A memorandum has been submitted to the Constitutional Review Committee in Ghana, urging the government to address the challenges faced by minority groups.

The memorandum was presented to the committee by Sheikh Mohammed Ridwan Dankwanya, an Islamic Scholar, philanthropist, and businessman residing in Kumasi.

The memorandum highlights the difficulties encountered by ethnic minority communities, including the Fulani, Hausa, and Yoruba, who face exclusion from full civic recognition despite being born and raised in Ghana.

These communities often experience marginalisation due to their ancestral lineage, which can lead to difficulties in accessing basic services, participating in local governance, and exercising their rights as citizens.

According to the memorandum, many Ghanaians of minority ethnic heritage face rejection when attempting to claim a hometown, often because they do not belong to the dominant ethnic group in that locality.

This can affect their ability to access services, register land, and participate in local governance.

Furthermore, the denial of equal citizenship rights despite birth in Ghana is a pressing concern, with many individuals facing challenges in claiming their citizenship rights due to their ancestral lineage.

Article 6

The Constitution of Ghana, Article 6, outlines provisions for citizenship by birth, but in practice, access to full rights is often tied to ancestral lineage, not place of birth or cultural belonging. As stated in the memorandum, "the Constitution (Article 6) outlines provisions for citizenship by birth, but in practice, access to full rights is often tied to ancestral lineage, not place of birth or cultural belonging."

The memorandum recommends several constitutional reforms to address these issues.

These include amending Article 6 of the Constitution to define "Ghanaian by birth" clearly and inclusively.

The proposed amendment would affirm that any person born in Ghana, regardless of ethnic or ancestral background, is a Ghanaian by right, provided one parent is legally resident at the time of birth.

Legal definitions

Additionally, the memorandum recommends including a legal definition of “hometown” based on birthplace or residency.

This would recognise an individual's hometown as either their place of birth or a locality where they have maintained continuous residence for a significant number of years.

The memorandum also recommends mandating equal treatment in civic documentation and representation, and strengthening anti-discrimination provisions under Article 17 of the Constitution.

The Citizenship Act, 2000 (Act 591), Section 1(b), states that a person born in Ghana after 6th March 1957 shall be a citizen by birth if either of the parents or grandparents of that person is or was a citizen of Ghana.

However, this provision indirectly excludes children born in Ghana to long-settled non-citizen residents who are not of Ghanaian descent, despite their deep ties and contributions to the country.

To address this issue, the memorandum proposes amending Section 1 of the Citizenship Act to include an additional clause, such as: "(c) A person born in Ghana who has no claim to another nationality and whose parents have lawfully and habitually resided in Ghana for a continuous period of not less than five years prior to the person’s birth shall be deemed a citizen by birth."

This would promote inclusivity and integration of long-term residents, reduce statelessness, and align with international human rights standards.

The memorandum concludes that recognizing all persons born and bred in Ghana, regardless of ethnic background, as full citizens with legitimate hometown rights is essential for promoting national unity and social cohesion.

By amending the Constitution and the Citizenship Act, the government can ensure that all citizens are treated equally and have access to their rights, reflecting Ghana's commitment to democracy and human rights.