COMMITTEE ON THE PROTECTION OF THE RIGHTS OF MIGRANT WORKERS AND THEIR FAMILIES CONSIDERS THE REPORT OF GHANA

The Committee on the Protection of the Rights of All Migrant Workers and Members of their Families today completed its consideration of the initial report of Ghana on its implementation of the provisions of the International Convention on the Protection of All Migrant Workers and Members of their Families.

Presenting the report, Sammie Eddico, Ambassador and Permanent Representative of Ghana to the United Nations Office at Geneva, said that Ghana was a constitutional multi-party democracy underpinned by a strong culture of respect for human rights of all the population, citizens and foreigners, including migrants, without discrimination. The Inter-Ministerial Committee on Migration had adopted the final draft of the National Migration Policy aimed at harmonizing and integrating migration policies in Ghana in order to address existing gaps. In that regard, Ghana also stood ready to support initiatives to promote universal participation in the Convention.

Committee Experts asked numerous questions on the role of the Ghanaian diaspora in the development of the country, the use of their remittances, the political rights of Ghanaian nationals living abroad and their reintegration upon their return to the country. Questions were also asked about the activities of human rights defenders in Ghana, the repatriation of Ghanaians who died abroad, activities to fight trafficking and smuggling of persons, promotion of the Convention amongst State agencies and migrants and the treatment of irregular migrants. Experts raised the issue of the social protection of migrant workers and pensions for them, and wanted to know more about the drafting process of the initial report.

In final remarks, Khedidja Ladjel, Committee Member and Country Rapporteur for Ghana, said the Committee appreciated Ghana’s message that it treated foreigners as it would want its own citizens to be treated elsewhere. She thanked the Ghanaian delegation for its efforts and expressed appreciation for its frank responses. Good note was taken of what had been done in Ghana.

In concluding remarks, Ebenezer Appreku, Deputy Permanent Representative of Ghana to the United Nations Office at Geneva, said Ghana’s approach was to treat migrant workers and any other foreigners the same way it wished that other countries treated Ghanaians abroad. Ghana was appealing to citizens of all nations to eschew xenophobic tendencies.

The delegation of Ghana included representatives of the Immigration Service, Labour Department and the Permanent Mission of Ghana to the United Nations Office at Geneva.

The next public meeting of the Committee will take place on Friday 5 September at 3 p.m., when the Committee will close its twenty-first session.

Presentation of the Report

SAMMIE EDDICO, Ambassador and Permanent Representative of Ghana to the United Nations Office at Geneva, presenting the report, stated that Ghana was happy to have the opportunity to present its initial report in a year in which the tenth anniversary of the entry into force of the Convention had been celebrated. Ghana was a constitutional multi-party democracy underpinned by a strong culture of respect for human rights of all the population, citizens and foreigners, including migrants, without discrimination. Ghana was currently party to almost all the core human rights treaties of the United Nations, the African Union and the Economic Community of West African States. The Government of Ghana was also actively considering the ratification of a number of International Labour Organization documents.

The Inter-Ministerial Committee on Migration had adopted the final draft of the National Migration Policy aimed at harmonizing and integrating migration policies in Ghana in order to address existing gaps in the management of migration and the protection of the rights of all migrants in the country. Ghana shared the goal of increasing the number of States parties to the Convention, which had to be fully embraced by countries of origin, transit and destination together. Ghana would thus continue to recommend to countries, especially advanced industrialized countries that had not yet ratified the Convention, to do so without further delay. Ghana stood ready to support initiatives to promote universal participation in the Convention.

Ghana saw migrants as first and foremost human beings whose rights had to be respected and protected, regardless of their nationality or status. In that regard, it was tragic to find that in some countries which were experiencing violent armed civil wars, such as Libya, many foreigners or migrants including a significant number of Ghanaian migrants, had been deliberately targeted and killed. Various warring factions should heed the appeal of the international community to respect international human rights and humanitarian law by ensuring safe passage for all migrants, including Ghanaians.

The Government of Ghana had tried to provide frank and honest responses to the list of priority issues that were of concern to the Committee, and Ghana had highlighted the progress made as well as challenges the State party was facing in the context of national measures taken by the Government. The initial reporting process should offer Ghana the opportunity to exchange views and seek the guidance of the Committee in order to strengthen Ghana’s capacity to implement the provisions of the Convention.

Questions from the Experts

KHEDIDJA LADJEL, Committee Member and Country Rapporteur for Ghana, stated that, in her view, Ghana had passed through four periods when it came to migration. Ghana had produced migrants, but also received migrants, which had prompted the Government to seek solutions on employment and protection issues. Ghana had produced many teachers and civil servants, who had been involved in the development processes in neighbouring countries. It was a welcome fact that Ghana had ratified seven international instruments.

Speaking of Ghana’s shortcomings, Ms. Ladjel said that there was still no strategy in place for migration issues, whether emigration or immigration was at stake. The judicial system did not leave any room for migrants, and migrants were unable to obtain certain benefits and services they needed. Despite the existence of the Inter-Ministerial Committee, there seemed to be deficient coordination amongst various entities involved, leading to certain inconsistencies in the application of the Convention. The situation of street children, who were caught up in human trafficking, was a matter of great concern.

The Inter-Ministerial Committee to address migration issues was a sign of attempts to come up with a migration strategy that would look both at the needs of foreign workers in Ghana and Ghanaians working abroad. There seemed to be complete equality between Ghanaian nationals and those working in Ghana. Ghana was very much a model to many African States when it came to social and economic development, and had its place clearly cut out for itself in the Western African region. Ghana was one of the rare countries to have completed the process of combatting extreme poverty, which should be definitely put on the plus side of Ghana’s balance sheet.

Drafting of the national migratory profile should serve as a source of inspiration to other countries which had similar migration patterns. Could more information be provided on the actual implementation of the Convention? What specific measures had been taken to promote the rights of migrant workers in health, education, and consular services? What was the contribution made by the diaspora to the economic development of the country?

The Committee did not see much statistics on migration in Ghana – was there an institution in place to deal with that matter? Having hard facts would help the Committee reach better-grounded conclusions. Could more be said about the rights of Ghanaians living abroad who wanted to return and manage affairs?

Regarding the situation of children, what measures had been taken in order to protect children and women? Was the notion of a human rights defender used in Ghana, and what was the ombudsman’s role? Could he intervene on behalf of migrant workers who might request such an intervention?

An Expert inquired about the migrant workers in irregular situations, as there seemed to be inconsistencies between the report and the oral statement.

Could more be said about the role of private recruitment agencies? Prospective migrants were reportedly not charged any fees. How could Ghana manage to have prospective migrants paying no fees?

Many important conventions on the rights of migrants had been ratified by Ghana, noted another Expert. Was the Ghanaian diaspora in Mali benefiting from certain facilities to alleviate the transfer of their earnings back to Ghana?

Could more information be provided about different diasporas present in Ghana, by sector and level of education? That would be helpful in order to understand the transfer of competencies between Ghanaians and migrant workers.

Was there a single Ministry in Ghana responsible for coordinating migratory affairs?

What strategy did Ghana have in place to ensure the return of Ghanaian doctors living in the United Kingdom?

The Expert wanted to know more about voting rights of Ghanaians living abroad. Were children of Francophone migrants given an opportunity to attend school in their native language, which would make it possible to later continue their education in their respective countries?

Another Expert asked about what the State party was doing to provide help to identify and repatriate bodies of Ghanaians who were trying to reach Europe and died in the process.

What were the root causes of people emigrating, an Expert asked. What measures were being taken, especially having in mind the terrible increase in migrant deaths in the Mediterranean?

Could the delegation provide more information about so-called circular migration agreements? Was birth registration obligatory and ubiquitous regardless of the migratory status of migrant parents?

The Expert wanted to know whether health status could be seen as a ground to deny access to the country.

Remittances represented a significant contribution to the local economy, an Expert noted. Was there a policy or structure in place to ensure that remittances were spent on productive sectors and not only on consumption?

What efforts were being made to collect and compile better statistics in various departments?

Were there any reintegration programmes in place dealing with the social and economic reintegration of migrants upon their return?

On the issue of trafficking, a question was asked on how many Ghanaians were victims of that scourge. What was the penal regime in place for those involved in trafficking?

Thorough statistics on migration flows, preferably desegregated, would be very much welcome, another Expert stated. Were migratory flows prompted by economic reasons, climate change, political system or other factors?

Could migrants be members of trade unions, and could they vote for leaders of such groups and local authorities?

Over the years, there had been an increase of deportations, an Expert noted, and asked for an explanation for this phenomenon.

How was the State party implementing the Palermo Protocol?

What efforts was the Ghanaian Government taking to overcome difficulties when it came to statistics? The Committee would like to know whether the institutions were strong enough to supervise and manage various aspects of migration.

Could more information be provided about the life of people living in the border zones?

The Expert asked what kind of social benefits migrant workers could enjoy in Ghana. Was it true that the migrant workers had the same level of social protection as Ghanaian nationals?

Was there an awareness-raising process going on in Ghana to ensure that people were aware of the existence of the Convention? Did Ghanaian migrants abroad and foreign migrants in Ghana know about their rights under the Convention?

Response by the Delegation

Responding to questions, the delegation said that Ghana was a democratic country, and any Ghanaian above the age of 18 had the right to vote in elections. The subject of Ghanaians in diaspora being able to vote had been discussed for a while; a law had been passed to authorize such voting, so all Ghanaians living abroad also had the right to vote. However, due to logistical constraints, there were currently no conditions in place to make voting of Ghanaians abroad credible. The credibility of each ballot box had to be ensured, especially given that elections were often very close. For the time being, Ghanaians living abroad could vote by proxy in the country.

During the Libyan crisis which had led to the overthrow of Gaddhafi, Ghana had evacuated over 20,000 Ghanaians from there. Some Ghanaians had gone back to Libya since then, but were now asking to be re-evacuated. With the airport closed now, many of them were currently stranded.

There were indeed more Ghanaian doctors in the United Kingdom than in Ghana. The issue was primarily economic, as Ghana could not provide competitive salaries. Currently, the Government was increasing the number of medical schools, so that there would be more of those doctors remaining in the country.

Ghana recognized dual nationality, and any Ghanaian could take a nationality of another country. The Supreme Court had come out strongly in favour of dual citizenship. However, high-level state functions could be held only by Ghanaian nationals with only one nationality.

The issue of statistics was addressed by a delegate. There were several State institutions which all had a role to play in migration management and data collection. Ghana had a migration profile put together in 2009. A new project – Ghana Integrated Migration Management Approach – started in June 2014, was aiming to create a “one-stop shop”. One of the goals was to create a unified and comprehensive data base.

The International Centre for Migration Policy Development was currently carrying out training on data collection and management in Ghana.

There was different data in place on the amount of remittances to Ghana. The Ghana Investment Promotion Centre aimed to encourage the diaspora to invest in the country. The Diaspora Affairs Bureau, within the Ministry of Foreign Affairs, had been established recently. A new diaspora policy, being currently developed, would deal with the issue of remittances.

There was no specific target for awareness raising on the Convention per se. However, some elements of the Convention, such as those dealing with human trafficking and smuggling, had been separately promoted. A number of information campaigns targeting migrants had been conducted. Currently, a documentary on human trafficking and smuggling was being run in the media.

The Human Trafficking Act had been passed in 2005, and included elements of the Palermo Protocol. Since then, a trafficking fund had been established with the view of helping victims. Ghanaian police and immigration services had anti-human trafficking units. Rehabilitation was done mostly by civil society organizations, as the Government still did not have enough such centres at its disposal. Cooperation with Burkina Faso and Nigeria to address trafficking was in place.

At the moment, there was no one institution responsible for migration, but there was a steering committee chaired by the Deputy Minister of the Interior. There was a proposal to set up an independent Ghanaian commission on migration.

On deportation figures, a delegate said that he doubted there had been 27,000 cases. Some persons were indeed deported, and some Ghanaians were also sent back from other countries.

Any migrant worker in Ghana had the right to bring in their family members.

Ghana had called on countries in the Middle East to stop detaining migrant workers who wanted to leave. Some recruitment agencies had been found to be phony.

It seemed only feasible that Ghanaians abroad would be able to vote in presidential elections, because voting in parliamentary elections might be too complicated because of various constituencies.

Ghana’s approach was that foreign migrants should be treated the same way the Government would want Ghanaian citizens to be treated abroad. The central focus was on the dignity of the individual and due process, and migrants were treated as fully dignified human beings. Foreign workers and migrants could access the courts freely and also approach any of the State institutions.

It was easier for a foreigner to invest in Ghana if they had Ghanaian business partners.

When Ghanaian diplomats were posted abroad, they received training in consular matters. If a foreigner came to the Foreign Ministry in Ghana without a passport, assistance was provided through temporary travel documents so that they could leave the country. In addition, there were provisions for issuing passports with other Commonwealth countries.

A delegate explained that some countries, due to xenophobic trends, were deporting Ghanaian migrants as a way to control illegal migration. Some of those countries were not properly implementing bilateral agreements with Ghana in good faith.

Any child in Ghana had the rights to attend education without any costs. Foreigners in Ghana had access to the health system.

In terms of language, the delegate explained that there was no discrimination on linguistic grounds. There were French-language schools.

It was explained that on several occasions, the Government had intervened and prevented expulsions of foreign citizens from Ghana.

When Ghanaian nationals died abroad, the Foreign Ministry normally contacted the family of the deceased and asked for agreement that they be buried abroad. In some cases, the Government would finance the repatriation of the body.

Regarding strategies for retaining the qualified work force, such as doctors, one of the priorities was to improve conditions of work in local hospitals. Other incentives, such as favourable loans, were also applied. Circular migration was encouraged, where doctors would receive specialization abroad and return home to apply their skills.

The predominant root cause of emigration was of an economic nature. There were programmes in place to support small private enterprises, while there were also special programmes in place for youth entrepreneurship, micro finance schemes and large national labour-intensive projects. Other projects were in place to improve the infrastructure in the north of the country, and create jobs in the process.

A delegate explained that migrant workers were allowed to join trade unions. All workers were eligible to join unions, and foreigners were no exception.

The National Disaster Management Organization was in place to help those Ghanaians who had to leave foreign countries, such as Libya.

The Ministry of Foreign Affairs now had a whole bureau responsible for migration, and had administrative and human capacities to deal with the issue. The coordination via the Inter-Ministerial Committee was also picking up.

Joint border patrols between Ghana and Burkina Faso, and Ghana and the Ivory Coast were taking place. Joint border posts had also been established. Border security meetings with neighbouring countries periodically took place. Border residents had free right of movement, as borders often separated members of the same tribes or families.

On the social security programme, it was explained that anyone working in Ghana was contributing to the framework, and after the end of their working life, they could draw benefits from the joint fund.

A delegate said that Ghanaian diplomats regularly met with Ghanaian nationals living abroad, who were encouraged to abide by laws of host countries and organize themselves in associations. Diplomats were also helping them with all procedural and administrative matters.

Ghanaian citizens were regularly warned of risks entailed in crossing deserts.

Answering a question on restrictions of access, a delegate stated that Ghana had not banned any foreigners coming in on the basis of health. In the light of the Ebola outbreak, it was the airline companies, and not Ghana, which had stopped the flights. Ghana in general had an open-door policy and hoped that it would not need to be changed.

Follow-up Questions by Experts

An Expert asked whether migrant workers could create trade unions themselves and become their leaders?

Did migrants who had worked in Ghana and then returned back home have the right to draw on their pensions afterwards?

Another Expert asked what the Government of Ghana did when bodies of migrants appeared in deserts. Which procedures were in place there, and were there any agreements with other countries?

How were migrant workers informed about their rights? Did the media play any role in promoting the Convention?

Did Ghana have centres for the protection of children without families, who were found on the labour market and exploited unfairly, an Expert asked.

Another Expert raised the issues of detention and expulsion of migrants. Could nationals of the Economic Community of West African States (ECOWAS) be deported as well? What kind of facilities were migrants detained in before being deported?

Could clarification be provided on the number of irregular immigrants, and those deported? The figure of 27,000 had been mentioned – was that accurate?

Were there any specific civil society organizations dealing with the rights of migrants, an Expert inquired. Was there a structure in place for that purpose?

An Expert asked about the drafting process of the initial report. Who was involved in its preparation?

Which specific measures had been taken in the country in the view of implementing the Convention’s provisions? Could the delegation provide examples of good practices to demonstrate Ghana’s good will in the Convention’s implementation?

A question was asked on what formalities were in place to regularize migrants’ status in the country. Did undocumented migrants have the right to work in Ghana, and if not, what steps did they have to take to regularize their situation?

What kind of services were provided by Ghanaian diplomatic representations to Ghanaian nationals living abroad? Could some concrete examples be provided?

The Expert inquired about measures taken to ensure that migrants in irregular situations were taken care of. Did migrants have access to the justice system so that their rights could be ensured?

Another Expert wondered why Libya was a point of attraction for Ghanaian migrants.

What was the position of the Ghanaian delegation on technical support to draft reports?

Response by the Delegation

Responding to questions on workers’ rights, it was clarified that every worker had the right to form, join or lead any union.

On street children, a delegate said that rehabilitation practices and medical screenings were in place by various Government agencies.

The issue of statistics was a challenge, and it was hoped that setting up of a working group would help in that regard.

Apart from financial contributions, the Ghanaian diaspora often came back home and set up businesses. The work ethic that they transferred upon their return was highly valued. Knowledge and skills transfer was also very much appreciated.

Several non-governmental organizations in Ghana dealt with migration issues, and had different specialties, from children to detainees. The initial report referred to some of those organizations. One civil society organization ran a rehabilitation centre for women, which was helped by the Government. In all, the Government actively collaborated with the civil sector on pertinent issues.

The media was used a lot with the view of sending across information to the general population.

There was supposed to be an anti-trafficking fund in Ghana. The Government had programmes in place for feeding school children and providing uniforms to those who did not have them. The goal was to keep children in school.

While Ghana detained migrants, they were not kept in police facilities. There were separate facilities for men and women. Chinese involved in small-scale mining had arrived as visitors, but that was not permitted by law. Those who had been caught doing that had been sent back to their country. There were however Chinese nationals working in Ghana, but with all the necessary legal permissions.

ECOWAS nationals could be expelled as well, as their stay was normally limited to 90 days. If they showed that they had registered a company they would then have the right of residence, or they could also stay on the ground of marriage to a Ghanaian national.
Arrests were done by migration officers, but only following a court order. Due process was always in place.

Regarding statistics, the delegation said that the statistics were probably inaccurate on the irregulars, simply due to the nature of their presence. Figures were thus often extrapolated. Having better data management was the only way forward, as that would provide for improving migration policies and their implementation.

Explaining the drafting process of the report, the delegation explained that the information had been collected from various sources.

Just as in any country, there was an informal, underground sector in Ghana where irregular migrants worked. Whenever they came to notice, efforts were made to regularize them.

All immigration officers always had name tags, and the general public was encouraged to report corrupt behaviour. Every three years, border officers were moved to other posts. There was a professional standards unit in place, keeping an eye on the border police and ensuring they were upholding high standards. Ghana’s border posts had signs in English and in French.

The delegation said that the Convention was broad enough and was applied in various ways.
Technical assistance was essential and needed. The Attorney General’s Department, the body in charge of preparing State party reports, was overwhelmed.

Ghana’s Constitution read that any person had to be released from detention within 48 hours or brought to court and charged. Every effort was made that there were no innocent persons kept in detention, either Ghanaian nationals or foreigners.

Regarding child labour, there was a national action plan to eliminate its worst forms.
Ghana wanted to have a broader definition of development, to include democratic progress, including the proper implementation of dual citizenship and the right to vote. The voting in the 2016 elections was being already looked at. Every best practice in terms of what embassies were supposed to do for their citizens was applied by Ghana’s diplomatic services.
Family and friends of a Ghanaian person deceased abroad normally arranged for sending the body back. The Government did not have the means to pay for such repatriation.

A travel advisory against travel to Libya had been issued. There was currently no Ghanaian mission in Libya, as it was temporarily hosted in Malta. The oil industry was the main drawing force for Ghanaian migrants moving to Libya, while some saw it as a transit country en route to Italy.

Ghana was a secular state, the delegation said, and there was no religious persecution.

Follow-up Questions by Experts

On syndicate freedoms, an Expert wanted to know whether migrant workers in practice could join and be active members of unions, and how soon after they started to work.
Did a migrant worker employed in Ghana have the right to any kind of pension, and who provided it? What rights did migrant workers have if they faced work-related disabilities?

Response by the Delegation

The delegation reiterated that there was no obstacle whatsoever to migrant workers joining unions. As soon as they were employed, they were eligible to become members of unions.
If an injury occurred, disability allowances were paid. Foreign workers were allowed to join pension schemes, where the retirees had an option of either taking a lump sum or receiving monthly payment until death. The only problem was that the Ghana currency was not convertible.

Ghana recognized foreign certificates, which were looked at by the National Accreditation Board. There were many examples of Ghanaians with foreign degrees coming back to become CEOs of private companies.

Ghana had a policy of encouraging its nationals to work for the international organizations which were providing support to Ghana.

Closing Remarks

KHEDIDJA LADJEL, Committee Member and Country Rapporteur for Ghana, conveyed a message of encouragement to Ghana. The Committee appreciated Ghana’s message that it treated foreigners as it would want its own citizens to be treated elsewhere. She thanked the Ghanaian delegation for its efforts and expressed appreciation for its frank responses. Good note was taken of what had been done in Ghana.

EBENEZER APPREKU, Deputy Permanent Representative of Ghana to the United Nations Office at Geneva, stated that the spirit of constructive dialogue characterized by penetrating questions and issued raised by the Committee members had exceeded the delegation’s expectations. When eventually adopted, the Draft National Migration Policy would go a long way in enhancing Ghana’s national capacity to gather more reliable data and ensure greater policy coherence concerning migration. Ghana’s approach was to treat migrant workers and any other foreigners the same way it wished other countries treated Ghanaians abroad. Ghana would also continue to urge its neighbours and development partners which had not ratified or acceded to the Convention to do so. Ghana was appealing to citizens of all nations to eschew xenophobic tendencies, including in the area of sports. The Government of Ghana would diligently take the necessary steps to follow up on the concluding observations and recommendations of the Committee.


For use of the information media; not an official record

CMW14/007E