The nationality law of Ghana is regulated by the Constitution of Ghana, as amended; the Ghana Citizenship Act, and its revisions; and various international agreements to which the country is a signatory. These laws determine who is, or is eligible to be, a national of Ghana. The legal means to acquire nationality, formal legal membership in a nation, differ from the domestic relationship of rights and obligations between a national and the nation, known as citizenship. Nationality describes the relationship of an individual to the state under international law, whereas citizenship is the domestic relationship of an individual within the nation. Ghanaian nationality is typically obtained under the principle of jus sanguinis, born to parents with Ghanaian nationality. It can be granted to persons with an affiliation to the country, or to a permanent resident who has lived in the country for a given period of time through naturalization.
Acquisition of nationality Nationality can be acquired in Ghana at birth or later in life through naturalization.
By birth Those who acquire nationality at birth include:
Children born anywhere who have at least one grandparent who is a Ghanaian national of origin; or Abandoned children or orphans, who are under the age of seven, and were discovered in the territory.
By naturalisation Naturalisation can be granted to persons who have resided in the territory for a sufficient period of time to confirm they understand the customs and traditions of the society and speak a language indigenous to Ghana. General provisions are that applicants have good character and conduct, as supported by witness statements of two attorneys or public officials; and are able to contribute to the development and progress of the nation. Applicants must typically have resided in the country for six years. Besides foreigners meeting the criteria, other persons who may be naturalised include:
Adoptees upon completion of a legal adoption automatically derive Ghanaian nationality; The spouse of a Ghanaian national upon registration; Minor children can be automatically naturalised when their parent acquires nationality, or Refugees with the approval of the Minister of the Interior, if they meet the general naturalisation requirements.
Loss of nationality Ghanaian nationals can renounce their nationality pending approval by the state. Naturalised persons may be denaturalised in Ghana for disloyalty to the state; committing crimes against the state or state security; or for fraud, misrepresentation, or concealment in a naturalization petition. Persons who previously had nationality and wish to repatriate if they lost their status because of dual nationality are permitted to naturalise.
Dual nationality Dual nationality has been allowed in Ghana since 2000. To accommodate the needs of the African diaspora, under the Immigration Act of 2000, persons of African descent may apply for an indefinite right of abode and the right of return to Ghana from the Minister of the Interior. Persons who serve in public office or high administration in the diplomatic, judiciary, legislature, or security services are typically barred from holding other nationalities, and the president must be a Ghanaian by birth.
History African empires and European contact (1471–1821) Centralized states came into formation in the region which would become Ghana in the fifteenth century. Among them were the Buna, Dagbon, Gonja, Hausaland, and Wala Kingdoms. In 1481, the Portuguese, who had been settling in Morocco since 1415, decided to build a fortress and trading station, São Jorge da Mina (now Elmina Castle) on the coast of what is now Ghana, where they had a presence since 1471. Portugal's exclusive rights to the west coast of Africa were confirmed by the papal bull Romanus Pontifex issued by Pope Nicholas V, which was reconfirmed in the Inter caetera issued in 1493 by Pope Alexander VI. They built trading posts at São Antonio on the Ankobra River near present-day Axim in 1515 and São Sebastian on the Pra River near Shama by 1526. Disregarding the Portuguese trade monopoly, other Europeans began encroaching on their trade rights in the sixteenth century. The British arrived in 1553, the Dutch came in 1595, Danes and Swedes landed in 1640, and Brandenburgers reached the area in 1683. In 1637, the Dutch took Elmina Castle and in 1642 expelled the Portuguese from the Gold Coast. The Danish stronghold, which was constructed in 1661, was located at Fort Christiansborg, near Accra. Four years later, the British seized the Swedish trading fort of Cape Coast Castle, which had been built in 1653. The Brandenburgers established Groß Friedrichsburg before the end of the century. In the late seventeenth century, the Ashanti Empire began conquering local kingdoms, expanding to engage in trade and specifically in gold. Their main coastal rival was the Fante Confederacy.
Under the constitution of the Ashanti Empire, a feudal system was used to organize inhabitants of the various kingdoms. Male members of various villages swore an oath of allegiance to the Asante Hene (High King), who in exchange for their loyalty and obedience, conferred privileges in the society. The Asante Hene controlled all of the land within the empire and distributed it according to the social hierarchy in recognition for services rendered. According to custom, he held the Golden Stool and his highest ranking subordinate chiefs held silver stools. A group of elders, known as the Mpanyimfo, acted as advisors to each chieftain in the administration of his territory. Each territory had a designated elder who was in charge of military organisation and all adult male members of each district were required to serve in the unit. In the event of a national campaign, each of these territorial units came together to defend the empire. Subjects were tied to the district leaders by kinship, which assured their vassalage. The chieftain controlled inhabitants in his territory, but had only nominal authority over foreigners or those with affiliations to other chiefs, as well as their wives and children.
The Fante Confederacy expanded in the coastal areas from the seventeenth century, gaining control over rival kingdoms. Headed by the brafo, which Europeans equated to a king or steward, who had supreme authority over the chiefs of their territory. Initially, the title had referred to the commander-in-chief of the military, but as the society developed, command of the army later passed to other individuals and the brafo served as a head of state. His authority was typically hereditary, but his authority was limited in that he was unable to take actions without the approval of his Council of Chiefs or Elders, whom the British called his Curranteers, who were the headmen and spokespersons for various territories. In addition, priests and local governing officials, known as Caboceers administrated their districts and were involved in the development of national policies. Local leaders had considerable autonomy in managing the affairs of their districts. The central authorities were primarily engaged in overseeing negotiations with Europeans for trade concessions and the operations of commerce. To maintain authority and allegiance of the inhabitants of the states in the confederacy, the leadership distributed wealth to both attract and reward loyal subjects.
Growth of trade and conflicts with other African states led to frequent changes in alliances for the Fante Confederacy with European trading partners. In 1816, the Ashante Empire subjugated the Fante Confederacy establishing control over the coast. Though the Ashante Empire struggled with internal and external strife, by 1820 it had become the most dominant political alliance in the territory. Concerned that by their alliance with the Dutch the Ashante would hamper British trade, representatives of the British Company of Merchants and the government attempted negotiations. Unable to secure an acceptable compromise, the government decided to establish a protectorate to preserve British trade in the area.
British period (1821–1957) In 1821, the British government took over the administration of the Gold Coast Colony from the Company of Merchants. Britain secured the Danish settlements in the region in 1850 and in 1872 ceded the Dutch territories. The British extended protectorate status over the Northern Territories of the Gold Coast in 1892 and the area officially became a British Protectorate in 1898. In 1896, Ashanti was made a British Protectorate and in 1901 was declared a colony. As a result of Germany's losses in World War I, the League of Nations awarded a mandate to Britain over British Togoland in 1922. At the end of World War II when Togoland became a United Nations Trust Territory, the Colonies, Protectorate, and Trust Territories of the Gold Coast became a single administrative unit of the crown. Internal governance was defined under the Gold Coast Constitution from 1925 to 1956, under four constitutions, 1925, 1946, 1950, and 1954. In 1956, the local legislature passed a motion of independence which was given royal assent on 7 February 1957.
In Britain, allegiance, in which subjects pledged to support a monarch, was the precursor to the modern concept of nationality. The crown recognised from 1350 that all persons born within the territories of the British Empire were subjects. Those born outside the realm — except children of those serving in an official post abroad, children of the monarch, and children born on a British sailing vessel — were considered by common law to be foreigners. Marriage did not affect the status of a subject of the realm. The first nationality laws passed by the British Parliament were extended only to the Kingdom of Great Britain, and later the United Kingdom of Great Britain and Ireland. When British protectorates were established in 1815, there was little difference between the rights of British subjects and protected persons. Under British law, mandated territories were outside the Crown's dominions, meaning British nationality laws did not apply to natives, but only to British subjects born to British fathers who may have been domiciled in a mandated place.
Persons of the Gold Coast and Ashanti Colonies and British subjects living throughout the Gold Coast (1914–1957) In 1911, at the Imperial Conference a decision was made to draft a common nationality code for use across the empire. The British Nationality and Status of Aliens Act 1914 allowed local jurisdictions in the self-governing Dominions to continue regulating nationality in their territories, but also established an imperial nationality scheme throughout the realm. The uniform law, which went into effect on 1 January 1915, required a married woman to derive her nationality from her spouse, meaning if he was British, she was also, and if he was foreign, so was she. It stipulated that upon loss of nationality of a husband, a wife could declare that she wished to remain British and provided that if a marriage had terminated, through death or divorce, a British-born national who had lost her status through marriage could reacquire British nationality through naturalisation without meeting a residency requirement. The statute reiterated common law provisions for natural-born persons born within the realm on or after the effective date. By using the word person, the statute nullified legitimacy requirements for jus soli nationals. For those born abroad on or after the effective date, legitimacy was still required, and could only be derived by a child from a British father (one generation), who was natural-born or naturalised. Naturalisations required five years residence or service to the crown.