Prosecute people who have violated the Immigration Act 2000, Act
573 through photo substitution of passports, impersonation, fraudulent
documentation etc.Provide draft review and amendment of
Immigration laws and regulations in consultation with the Attorney
Generals Department. (1) E.g. (1) Ghana Immigration Service Bill and
(2) Amendment of P.N.D.C. L. 226 for the establishment of the Border
Patrol Unit (BPU) within the Ghana Immigration Service and officers
of the unit to bear arms. Provide legal opinion on bilateral agreements
on Migration between foreign Governments and the Ghana Immigration
Service. HISTORICAL OVERVIEW OF GHANA’S CITIZENSHIP LAWS (1957 – 2000)
CITIZENSHIP LAW IN GHANA – A HISTORICAL PERSPECTIVE
Ghana like many countries of the world has
established an intricate system of legal rules that govern the
attribution of citizenship laws to centre stage on policy agendas.
Ghana as a player in the global political and economic system has
enacted laws that regulate the inclusion of newcomers within
societies to ensure diversity. Citizenship laws are necessary to
promote social cohesion and preserve common traditions, with
implications not only for immigration policy, but also for labour
markets, welfare programs, and international relations. Ghana has witnessed the enactment of various laws
regarding citizenship from the first republic, through the military
regimes, to fourth republic. Each of these laws defines citizenship and
the associated right and obligations with being a Ghanaian citizen.
JUS SOLI AND JUS SANGUINE SYSTEMS
There are two main systems used to determine citizenship at the time of birth:
- Jus Soli (Right of the soil) – This is where citizenship is acquired by birth within the territory of the state wherein one is born regardless of parental citizenship
- Jus Sanguine (Right of blood) – On the other hand, Jus Sanguine is where a person wherever born is a citizen of the state in respect of which his parent is a citizen at the time that person is born.
In Jus Soli countries, an immigrant’s child is automatically a citizen. E.g. USA, while in Jus Sanguine countries a child inherits citizenship from his parents independently of birth place. Section 16(2) of the citizenship Act 2000 puts specific restrictions as to who could occupy certain offices in Ghana. Section 16(2) of the Act reads:
“Without prejudice to
article 94(2) (a) of the constitution, no citizen of Ghana shall qualify to be appointed as a holder of any office specified in this
subsection if he holds the citizenship of any other country in addition
to his citizenship of Ghana :
(a) chief Justice and
Justices of the Supreme Court ;
(b) Ambassador or High
Commissioner;
(c) Secretary to the Cabinet
(d) Chief of Defense Staff or
any Service Chief;
(e) Inspector -General of
Police;
(f) Commissioner Custom,
Excise and Preventive Service;
(g) Director of Immigration
Service;
(h) Commissioner, Value Added
Tax Service;
(i) Director -General,
Prison Service ;
(j) Chief Fire Officer;
(k) Chief Director of a
Ministry;
(L) The rank of a colonel
in the Army or its equivalent in the other security services and
(m) Any other public office
that the Minister may by legislative instrument prescribe
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