The ECOWAS Common Approach on Migration

Federal Office for Migration FOM

Migration in Ghana :Thematic Document 2009

The ECOWAS Common Approach on Migration: Policy Implications and Challenges for Labour Migration and

Development in Ghana

This publication has beenco-financed by the EU

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75_09

The ECOWAS Common Approach on Migration: Policy Implications and

Challenges for Labour Migration and Development in Ghana

Prepared by

Prof. Charles K. Brown

Migration in Ghana: Thematic Paper 2009 2

Foreword With the financial support from the European Union, the Swiss Federal Office for Migration and the Belgian Development Cooperation, IOM is implementing the “Migration in West and Central Africa: National Profiles for Strategic Policy Planning” Project in several West and Central African countries (Democratic Republic of Congo, Côte d’Ivoire, Ghana, Mali, Mauritania, Niger, Nigeria, and Senegal) to promote a coherent and proactive policy approach to migration in support of strategic policy planning at the national and regional levels. The National Migration Profile reports are a key result of this research and capacity‐building project and will serve as a useful policy tool for monitoring trends and identifying areas in need for further policy development. But being primarily a monitoring tool also means that the National Profiles provide only limited guidance on what type of policies can be developed in a given area (i.e. policy methodologies and approaches). This Thematic Paper Series shall address this particular issue by helping policy makers and practitioners to define their action priorities and policy options in areas that are of particular relevance to the country’s policy context. Under the guidance of and with input from inter‐ministerial Technical Working Groups (TWGs) and thematic Sub‐Working Groups (SWGs) that were established in each target countries during the project, three Thematic Papers were drafted by local experts for each target country. The aim of these papers is to enhance the capacity for policy development through identifying good practice and assessing the evidence base for policy development on policy issues of particular concern to the government. Abye Makonnen Frank Laczko Regional Representative Head of the Research and Publications Division Mission with Regional Functions IOM Headquarters Dakar, Senegal Geneva, Switzerland


Table of Contents

LIST OF ACRONYMS EXECUTIVE SUMMARY 1. INTRODUCTION 2. THE ECOWAS COMMON APPROACH ON MIGRATION; THE PRINCIPLES AND ACTION PLANS 2.1 The Legal Framework 2.2 The Principles 2.3 Migration and Development Action Plans 3. INSTITUTIONAL STRUCTURES AND LEGISLATIVE INSTRUMENTS FOR LABOUR MIGRATION AND

DEVELOPMENT IN GHANA 3.1 The Free Movement of Persons within the ECOWAS Zone 3.2 The Protection of the Rights of Migrants, Asylum Seekers and Refugees 3.3 Irregular Migration 3.4 Human Trafficking 3.5 The Gender Dimension of Migration 3.6 Solidarity between Ghanaians in the Diaspora and the country 3.7 The Harmonization of Migration and Development Policies

4. CHALLENGES TO THE IMPLEMENTATION OF THE ECOWAS COMMON APPROACH ON MIGRATION 5. FUTURE POLICY DIRECTIONS AND INITIATIVES

REFERENCES APPENDICES


List of Acronyms ACP African Caribbean and Pacific CEDAW Convention on the Elimination of All Forms of Discrimination against

Women CHRAJ Commission on Human Rights and Administrative Justice CRC Convention on the Rights of the Child ECOWAS Economic Community of West African States EU European Union GIPC Ghana Investment Promotion Centre GIS Ghana Immigration Service GPRS Growth and Poverty Reduction Strategy GSS Ghana Statistical Service HTMB Human Trafficking Management Board ICCPR International Covenant on Civil and Political Rights ICERD International Convention on the Elimination of All Forms of Racial

Discrimination ICRMW International Convention on the Protection of the Rights of All Migrant

Workers ILO International Labour Organization IMWG Inter‐Ministerial Working Group IOM International Organization for Migration MOWAC Ministry of Women and Children’s Affairs NLC National Labour Commission OAU Organization of African Unity UN United Nations UNHCR United Nations High Commission for Refugees.


Executive Summary At the 33rd Session of the Authority of Heads of State and Government in Ouagadougou on 18th January, 2008, the ECOWAS Common Approach on Migration was adopted. The document reaffirms the 1979 Protocol on Free Movement of Persons and the Rights of Residence and Establishment and its supplementary protocols. The paper looks at the various provisions made in the document, namely: the legal framework, the principles and the action plans for migration and development. It then concentrates on specific issues raised in the document. These include:

(i) The free movement of persons within the ECOWAS zone; (ii) Migration as an integral part of the development process; (iii) The protection of the rights of migrants, asylum seekers and refugees; (iv) Irregular migration; (v) Human trafficking; (vi) The gender dimension of migration; and (vii) The harmonization of migration and development policies.

The paper then takes a critical look at the extent to which the existing institutional structures and the national legislative instruments, that guide migration and development decisions in Ghana, have been able to address the issues raised in the ECOWAS Common Approach on Migration document. The paper points out that, in addition to the various international and regional conventions on migration which Ghana has either been signatory to or ratified, there are domestic laws and regulations on migration in Ghana. These national legislative instruments provide the range of institutions involved in labour migration issues in Ghana. The paper, however, points out that Ghana’s efforts towards an effective management of migration and development have been jeopardized by the following factors:

(i) Lack of a clear policy on migration, with the result that migration issues are dealt with on an ad hoc basis;

(ii) Weak coordination among the ministries, departments and agencies that deal with migration issues, which sometimes results in duplication of functions and efforts;

(iii) Lack of accurate data on migration; and (iv) The lack of commitment and loyalty of some members of the Inter‐Ministerial Working Group

(IMWG) which is mandated to oversee and manage the recruitment of workers for public employment.

The paper further points out that the implementation of the ECOWAS Common Approach on Migration will pose challenges on several fronts in Ghana. Some of the challenges are:

(i) The lack of a clear policy on labour migration in the country to guide public officials and other operators in the sector;

(ii) The lack of accurate data on immigrants and emigrants; (iii) The porous nature of the borders and ineffective patrol to seal unauthorized routes; (iv) The various pieces of subsidiary legislation that regulate immigration issues in the country are

not coherent and detailed enough to ensure an effective implementation of the ECOWAS Common Approach on Migration; and


(v) The poor coordination among the institutions which deal with immigrants and emigrants in the country.

Finally, the paper suggests future policy directions and initiatives to ensure an effective implementation of the ECOWAS Common Approach on Migration. These include:

(i) The formulation of a comprehensive migration policy which will ensure an integrated holistic approach for the development and implementation of migration issues in Ghana. The policy should also be in consonance with sub‐regional, regional and international conventions and regulations;

(ii) The need to collect migration data, disaggregated by sex, age, occupation, nationality, level of education and marital status. In this connection, a depository of migration information could be created to assist in the design of effective migration policy measures;

(iii) Policy makers and all those involved in the management of migration should be conversant with the various laws and regulations that govern migration, and they should be informed by these laws and regulations when entering into bilateral agreements and other forms of partnerships with other countries; and

(iv) It is necessary to create and maintain strong links between Ghanaian migrants and the country in order to benefit from their remittances, skills transfer and investment opportunities which could be used in national development through the various community level development projects.


1. Introduction States of the West African sub‐Region launched a process to establish a regional economic zone in 1975. In 1979, they adopted the ECOWAS Protocol on Free Movement of Persons, Rights of Residence and Establishment. Article 2 of the Protocol guarantees citizens of the ECOWAS community the right to enter, reside and establish in the territory of Member States. The Article also enjoins citizens of the community to enter the territory of Member States through the official entry point free of visa requirements. They are only required to possess valid travel documents and stay for a period of 90 days. In 1986, the Supplementary Protocol on the Right of Residence was introduced as the second phase of the 1979 Protocol. Again, in 1990, the Supplementary Protocol on the Right of Establishment was introduced to ensure the smooth implementation of the third phase of the 1979 Protocol. However, several factors have not ensured the full implementation of the 1979 Protocol and its supplementary protocols. These include: language barriers; costly and lengthy processes at the ports of entry for citizens of ECOWAS Member States; political instability (caused partly by inter‐state border disputes and wars); and limited political support. Fully aware of the thorny issues in migration in the sub‐Region and determined to place the free intra‐regional movement of persons at the heart of the regional integration process, the 30th Ordinary Summit of ECOWAS Heads of State and Government, held in Abuja, Nigeria in June 2006, mandated the ECOWAS Commission to define a common regional approach on migration. The ECOWAS Mediation and Security Council met in Ouagadougou on 20th December, 2006 and affirmed this priority by requesting the President of the ECOWAS Commission to “pursue the consultative process for the definition of a common approach to the management of intra‐regional migration and migration to Europe in all its dimensions” (ECOWAS, 2008). The ECOWAS Commission initiated a strategic thinking process with a view to defining a common regional approach on migration. At the 33rd Session of the Authority of Heads of State and Government in Ouagadougou on 18th January, 2008, the ECOWAS Common Approach on Migration was adopted. The document reaffirms the 1979 Protocol on Free Movement of Persons and the Rights of Residence and Establishment and its supplementary protocols. The paper examines the various provisions made in the ECOWAS Common Approach on Migration document. In particular, it looks at the legal framework, the principles and the action plans for migration and development. It then concentrates on specific issues raised in the document. These include:

(i) The free movement of persons within the ECOWAS zone; (ii) Migration as an integral part of the development process; (iii) The protection of the rights of migrants, asylum seekers and refugees; (iv) Irregular migration; (v) Human trafficking; (vi) The gender dimension of migration; and (vii) The harmonization of migration and development policies.

The paper then takes a critical look at the extent to which the existing institutional structures and the national legislative instruments, that guide migration and development decisions in Ghana, have been able to address the above issues.


Finally, the paper points out the various migration and development policy challenges which Ghana is likely to face with the adoption of the Common Approach on Migration. It then suggests future policy directions and initiatives.


2. The ECOWAS Common Approach on Migration The ECOWAS Common Approach on Migration document is divided into two main sections: Section 1 deals with the legal framework and the underlying principles, which are discussed under six thematic areas. Section 2 of the document enumerates migration and development action plans that will be needed to actualize the underlying principles. The action plans are provided for six broad areas, with further sub‐divisions. 2.1 The Legal Framework The revised ECOWAS Treaty provides the legal framework for the actions of ECOWAS Member States. In particular, Article 59 states that:

“Citizens of the community shall have the right of entry, residence and establishment and Member States undertake to recognize these rights of community citizens in their territories in accordance with the provisions of the Protocols relating thereto”.

In addition, the document enumerates the various international and regional conventions which Member States have to adhere to. These include:

(i) The 1951 Geneva Convention and its additional protocol of 1967 on the status of refugees; (ii) The 1969 OAU Convention on the status of refugees in Africa; (iii) The political dialogue between the EU and ACP countries as set out in Articles 8 and 13 of the

Cotonou Agreement of June, 2000; (iv) The International Convention on the Protection of the Rights of All Migrant Workers and

members of their families (ICRMW) of 1990, which entered into force in July, 2003; (v) The United Nations General Assembly Resolution No. 60/277 on International Migration and

Development of 7th April, 2006; (vi) The Rabat Action Plan and Declaration of July, 2006; (vii) The high level dialogue on migration and development initiated in New York in September,

2006; (viii) The Tripoli Declaration of November, 2006; and (ix) The ECOWAS General Convention on Social Security.

As a member of the ECOWAS Community, Ghana recognizes the existence and importance of both international and regional conventions on migration and has ratified a number of these conventions. They include:

(i) United Nations Convention Relating to the Status of Refugees, 1951 (The Geneva Convention relating to the Status of Refugees) and its 1967 Protocol (UN, 1951, 1967), adopted on 28th July, 1951.

This was ratified by Ghana on 18th March, 1963; (ii) Migration for Employment Convention (Revised), 1949 (No. 97) and Migration for Employment

Recommendations (Revised), 1949 (No. 86), ILO, adopted 1st July, 1949, Ghana ratified this convention on 25th January, 1958;

(iii) International Convention on the Elimination of All Forms of Racial Discrimination (ICERD), UN 1965, adopted on 4th January, 1965 and ratified by Ghana on 4th January, 1969;

(iv) The OAU Convention on the Status of Refugees in Africa, 1969;


(v) The ECOWAS Protocol on Free Movement of Persons, Rights of Residence and Establishment, 1979;

(vi) International Convention on the Elimination of All Forms of Discrimination against Women (CEDAW), 1979, UN, adopted on 18th December, 1979.

The Convention was ratified by Ghana on 2nd January, 1986; (vii) African Charter on Human and People’s Rights, 1981; (viii) African Charter on the Rights and Welfare of the Child, 1990; (ix) International Convention on the Rights of the Child (CRC) UN, adopted on 20th November, 1989;

Ghana ratified the Convention on 2nd September, 1990 and was the first country in the world to do so.

(x) International Covenant of Economic, Social and Cultural Rights, UN, adopted on 16th December, 1966;

Ghana ratified the Convention on 7th September, 2000 (xi) International Covenant on Civil and Political Rights (ICCPR), UN, adopted on 16th December,

1966; Ghana ratified the Convention on 7th September, 2000

(xii) International Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, UN, adopted on 9th December, 1975;

The Convention was ratified by Ghana on 7th October, 2000. (xiii) Migrant Workers (Supplementary Provisions) Convention, 1975 (No.143), ILO; and Migrant

Workers Recommendation, 1975 (No. 151), adopted on 24th June, 1975; Ghana ratified this Convention in 2000.

(xiv) International Convention on the Protection of the Rights of All Migrant Workers and their Families (ICRMW), UN, adopted in December, 1990, and ratified by Ghana on 20th June, 2002.

2.2 The Principles The principles outlined in the document are:

1. Free movement of persons within the ECOWAS zone is one of the fundamental priorities of the integration policy of ECOWAS Member States;

2. Legal migration towards other regions of the world contributes to ECOWAS Member States’ development;

3. Combating human trafficking is a moral and humanitarian imperative; 4. Harmonising policies; 5. Protection of the rights of migrants, asylum seekers and refugees; and 6. Recognising the gender dimension of migration.

Together, these principles are to serve as the pillars on which to develop migration and development action plans and policies in order to ensure a common regional approach on migration in the ECOWAS Community. The extent to which Ghana has been able to adhere to these underlying principles will be discussed in Section 3 of the paper. 2.3 Migration and Development Action Plans The document reminds Member States to establish a direct link between migration and development, which should be conveyed in a parallel approach to harmonize policies related to migration and


development, based on the orientations of the Tripoli Declaration of November, 2006. It then mentions several action plans to promote this linkage. They are:

(i) Actions to promote free movement within the ECOWAS zone; (ii) Actions to promote the management of regular migration; (iii) Actions for policy harmonization; (iv) Actions for controlling irregular migration and human trafficking, particularly women and

children; (v) Actions to protect the rights of migrants, asylum seekers and refugees; and (vi) Actions aiming to take into account the gender and migration dimension.

Under each action plan, some polices and measures are mentioned to ensure the successful implementation of the plan. While the paper does not intend to cover all the action plans and the suggested policies and measures enumerated in the document, it concentrates on pertinent issues raised in the document. The next section of the paper, therefore, takes a critical look at the extent to which the existing institutional structures and the national legislative instruments, that guide migration and development decisions in Ghana, have been able to address these issues.


3. Institutional Structures and Legislative Instruments for Labour Migration and Development in Ghana As an ECOWAS Member State, Ghana is expected to adhere to the content of the Common Approach on Migration. This section of the paper, therefore, examines the extent to which the existing institutional structures and national legislative instruments in Ghana have been able to address migration and development issues raised in the ECOWAS document. In particular, the paper concentrates on the following:

1. The free movement of persons within the ECOWAS zone; 2. The protection of the rights of migrants, asylum seekers and refugees; 3. Irregular migration; 4. Human trafficking; 5. The gender dimension of migration; 6. Solidarity between Ghanaians in the Diaspora and the country; and 7. The harmonization of migration and development policies.

3.1 The Free Movement of Persons within the ECOWAS Zone The citizens of the West African sub‐Region are among the world’s most mobile populations. Various population censuses indicate that the region’s countries now harbour approximately 7.5 million migrants from other West African countries. This figure constitutes about 3 percent of the regional population. Even though Ghana is currently described as an emigration country as it is no more the pole of attraction to immigrants (Quartey, 2008), the 2000 Population and Housing Census Report (2002) put the non‐Ghanaian resident population at 740,191, representing 3.9% of the total population. The evidence indicates that the majority of these non‐Ghanaian residents are nationals of ECOWAS and other African states. According to IOM/EU (2006), a total of 58.9% of the non‐Ghanaian residents were nationals from neighbouring West African countries. Furthermore, figures from the Ghana Immigration Service (GIS) indicate that, of the 35,118 resident permits issued in 2007, 6,197 or 17.6% were issued to ECOWAS residents. Migration has not been in one direction in the sub‐Region. The World Bank (2006) estimates that 906,698 Ghanaians, representing 4.56% of the population, were living outside the country in 2006. Furthermore, Twum‐Baah (2005) estimates that about 1.5 million Ghanaians were living outside the country in 2005. He estimates that 461,549 Ghanaians were living in Europe and North America, while about 1 million were living in African countries. Ghana generally adheres to the principle that mobility within the ECOWAS zone is a vital component of regional integration, which is itself a prerequisite for the successful integration of the economies of West African States into the globalization process. Ghana, therefore, has a set of legislative instruments and institutional structures to guide migration decisions in the country. In addition to the international and regional conventions on migration which Ghana has either been signatory to or ratified, there are domestic laws and regulations on migration in Ghana. These include:

(i) The 1992 Constitution;


(ii) The Ghana Immigration Act of 2000 (Act 573) and the Immigration Regulations, 2001 (L.I. 1691); (iii) The Labour Act of 2003 (Act 651); (iv) Citizenship Act of 2000 (Act 591) and the Citizenship Regulations, 2001

(L.I. 1690); and (v) The Dual Citizenship Regulation Act of 2002.

The 1992 Constitution of Ghana

The 1992 Constitution has several provisions which indicate the powers and functions of the various institutions and officers who are charged with the implementation of the immigration laws of Ghana. Chapter 5 of the 1992 Constitution mandates all agencies and agents of state to respect and uphold the fundamental human rights of all persons in Ghana, including foreign nationals who are legally or illegally resident in Ghana. The Constitution also provides that an infringement of any of the rights is remediable by the High Court. In Article 33, the Constitution provides a mechanism for redressing Human Rights violations, complete with a list of remedies. In particular regard to the administrative bodies and officials, Article 23 of the Constitution requires that such bodies ‘shall act fairly and reasonably and comply with the requirements imposed on them by law’. Therefore, a foreign national who alleges a violation of this provision, may apply to the High Court for redress or petition the Commission on Human Rights and Administrative Justice (CHRAJ).

Furthermore, in Chapter 24 of the Constitution, there is a Code of Conduct for public servants. This Code applies to the officials in the Ministries, Departments and Agencies that deal with immigration and labour. The Code contains the standard provisions meant to curb bribery and corruption in the performance of the duties of Public Servants.

The Ghana Immigration Act of 2000 (Act 573) and the Immigration Regulations, 2001 (L.I. 1691)

The Ghana Immigration Act of 2000 (Act 573) is the major piece of legislation on immigration in Ghana. The Act provides, in one document, all the laws relating to immigration in Ghana. It provides for the admission, residence, employment, removal of a foreign national and related matters. Part I of the Act contains provisions on the entry into and departure of persons from Ghana and the conditions for these movements. These include: the requirement of a valid passport or other valid travel documents; the requirement of a regular visa (except in the case of ECOWAS citizens); an emergency entry permit or, other entry permit; and the completion of relevant forms contained in the Schedule to the Immigration Regulations, 2001 (L.I. 1691). Regulation 2 of the Immigration Regulations provides that persons entering or leaving Ghana, or applying for permission or renewal of permission to be or remain in Ghana should produce their passport to the immigration officer for inspection and endorsement.

Part II of the Immigration Act deals specifically with labour and migration. It contains: provisions on the residence and employment of foreign nationals in Ghana; the residence permits required; the removal of illegal immigrants; the applicable regulations when a foreign national commences or ceases to work in Ghana; and the conditions under which a foreign national may be deported.

With regard to the issue of residence permit, Section 13 of the Act provides that a person, who has been lawfully admitted entry into Ghana, may, on application to the Director of Immigration and in the prescribed manner, be issued with a residence permit. That residence permit may run for a period not


exceeding eight years, although the very first residence permit issued to a foreign national shall not exceed four years. The Immigration Act also provides for the Statuses of Indefinite Residence, Indefinite Residence for Foreign Spouses, and Right of Abode. With regard to indefinite residence, the Director of Immigration, with the approval of the Minister for the Interior, may grant an indefinite residence status to a person who satisfies the Director that he or she: has been residence in Ghana throughout the 12 months immediately before the date of application; has, during the period of seven years immediately proceeding the 12 months of continuous residence, been resident in Ghana for at least an aggregate of five years; is of good character; has not been sentenced for a period of imprisonment of 12 months or more; has made or is capable of making substantial contribution to the development of Ghana; intends to permanently reside in Ghana; and possesses a valid residence permit on the date of the application for indefinite residence.

A foreign national who is married to a Ghanaian is entitled to indefinite residence in Ghana, if he or she has resided in Ghana throughout the period of 12 months immediately preceding the date of the application. In the case of foreign spouses, they only need to have been resident in Ghana for a period of two years immediately preceding the 12‐month period. Like ordinary applicants, however, foreign spouses should not have been convicted of an offence and sentenced to a period of imprisonment of 12 months or more. A foreign spouse must also intend to reside in Ghana permanently and possess a valid residence permit at the time of application.

Finally, the status of ‘right of abode’ may be granted to a person only by the Minister for the Interior with the approval of the President. The person who qualifies for this status is a person who is Ghanaian by birth, adoption, registration, or naturalization who has lost his or her Ghanaian citizenship by acquiring a foreign nationality and a person of African descent in the Diaspora. The legal significance of the status of Indefinite Residence and Right of Abode is that a person with either status is entitled to remain indefinitely in Ghana; enter Ghana without a visa; and work in Ghana either as a self‐employed person or as an employee and without a work permit. Such a person is also subject to the laws of Ghana.

The Labour Act of 2003 (Act 651) The Labour Act of 2003 (Act 651) sets out the laws and regulations for industrial relations practice in Ghana. It aims broadly to: ensure a flexible labour market that is fair to all the players in the market; promote transparency in employee‐employer relations; and ensure economic growth and employment generation. In this regard, the Act consolidates Ghana’s labour laws into a single Act. It creates an independent institution for building and maintaining a framework for dispute resolution based on negotiation and mediation (the National Labour Commission), creates more opportunities for partnerships through the formal recognition of the Tripartite Consultative process, and allows for pluralism of Trade Unions. The Act also provides for the employment of people with disability and regulates general conditions of employment. In as far as foreign immigrants may work in Ghana, they are effected by the Labour Act.

The Labour Act contains a lot of protections for employees, and a list of rights of the worker. The protections include: protection against unfair termination of employment; the right to remuneration; compensation due to the worker in respect of sickness and accident; prohibition against forced labour; conditions of work and the protection of workers at their work places, including the provisions relating to hours of work, wages, safety, health and welfare of the workers; and the employment of young persons. In Section 10, the Act lists the following rights of the worker: the right to work under satisfactory, safe and healthy conditions; equal pay for equal work; rest, leisure and holiday; forming or joining a trade union;


training or retraining for the development of skills; and access to information relevant to the work of the worker.

Of particular interest to foreign nationals are the provisions of Section 14(e) of the Labour Act which prescribe discrimination in employment against anyone on the grounds of race, colour, nationality and other forms of discrimination. Thus, a foreign national, who is of a different race, colour or nationality, and who faces discrimination on that ground, may seek redress before the National Labour Commission (NLC), the CHRAJ or the regular courts. The Citizenship Act of 2000 (Act 591)

The Act was passed for the purposes of consolidating the law of citizenship in Ghana and clarifying who is a Ghanaian citizen. The Act also provides for the major means by which a person may become a citizen of Ghana other than by birth, namely: citizenship by naturalization and registration. The Citizenship Regulations 2001, (L.I. 1690)

The Act provides that a citizen may hold the citizenship of any other country in addition to the citizenship of Ghana. Such a citizen shall register as a dual national in Ghana. Where a person holds dual citizenship, there are certain specific offices that he or she does not qualify to be appointed to. Such a person cannot be appointed as the Chief Justice or a Justice of the Supreme Court, an Ambassador or High Commissioner, or to the rank of a Colonel in the Army or its equivalent in the other security services or to any other public office that the Minister for the Interior may, by legislative instrument, prescribe. However, the limitation on the employment of foreign nationals will not apply to such a person. 3.2 The Protection of the Rights of Migrants, Asylum Seekers and Refugees In addition to the domestic laws and policies on migration enumerated in the previous section, Ghana has ratified several international conventions which seek to protect the rights of migrants, asylum seekers and refugees. These include:

(i) Migration for Employment Convention (Revised), 1949 (No.97), ILO, adopted on 1st July, 1949; and Migration for Employment Recommendations (Revised), 1949, (No.86), ILO, adopted on 1st July, 1949. Ghana ratified this Convention, along with the recommendations on 25th January, 1958. Articles 5 of the Convention specifically requires states to provide free service to assist migrants and their families, providing them with accurate information and advice on matters relating to emigration, immigration, employment and living conditions, including health conditions in the place of destination, return to the country of origin or of emigration, and generally answer any other questions which may be of interest to them in their capacity as migrants. The Convention further requires state parties to apply to migrants lawfully within their territory, without discrimination, the treatment which they apply to their own nationals in respect of matters regulated by law.

(ii) Migrant Workers (Supplementary Provisions) Convention, 1975 (No.143) ILO, adopted on 24th June, 1975; and Migrant Workers Recommendation, 1975 (No. 151), adopted on 24th June, 1975, and was ratified by Ghana in 2000. The Convention requires States to respect the basic human rights of all migrant workers and to identify illegally employed migrant workers and to


determine whether they were abused in any way en route or during the period of their residence and employment. The Convention, however, requires States to adopt necessary and appropriate measures, in collaboration with other states, to avoid and suppress illegal movements of migrants for employment and illegal employment of migrants in order to prevent and to eliminate abuses of their basic human rights.

(iii) International Convention on the Protection of the Rights of all Migrant Workers and their families (ICRMW), UN, 1990.

The Convention was adopted by the UN General Assembly in December, 1990 and was ratified by Ghana on 20th June, 2002. It enjoins state parties to ensure the protection of the rights of migrant workers and their families without any distinction as to sex, race, colour, language, religion or conviction, political or other opinion, national, ethnic or social origin, age, economic position, property, marital status, birth or other status. The Convention extends to migrant workers who enter or reside in the host country without authorization (irregular migrants) and members of their families. States are to ensure that the rights of these irregular migrant workers and members of their families are protected and they should not be subjected to any kind of torture, forced or compulsory labour, slavery or servitude, as well as ensure their right to freedom of thought, conscience, and religion.

By ratifying the ECOWAS Protocol on Free Movement of Persons, Rights of Residence and Establishment of 1979, Ghana has shown commitment to ensuring the implementation of the Protocol and taking the necessary measures to remove all obstacles to the free movement of persons within the ECOWAS zone. Asylum Seekers and Refugees On 18th March, 1963, Ghana ratified the Geneva Convention relating to the Status of Refugees of 1951 and its 1967 Protocol. She has also ratified the OAU Convention on Refugees in Africa adopted by the Organisation of African Unity (OAU) in 1969, which required Member States to receive refugees and secure their settlement and ensure their rights and freedoms. In 1992, Ghana passed the Refugee Act (PNDCL 305D) in order to provide for the status of refugees in Ghana and to adopt, as part of national legislation, the International Conventions on Refugees. The Act deals with: the definition of a refugee; matters relating to their presence in the country, legally or illegally; the grant of refugee status; the establishment of a Refugee Board and its functions; and the rights and duties of refugees. In Section 2, the Act provides that, despite the provision of the Immigration Act, a person claiming to be a refugee, who illegally enters Ghana or is illegally present in Ghana, shall not be declared a prohibited immigrant, be detained or be imprisoned or penalized in any other manner merely by reason of that person’s illegal entry or presence, pending the determination of that person’s application for a refugee status. Again, a person who applies for refugee status has the right to remain in the country until the application is determined by virtue of Section 10 of the Refugee Act. Furthermore, the Schedule to the Refugee Act, the UN Convention Relating to the Status of Refugees, provides in its Article 17 that the Contracting State shall accord to refugees lawfully staying in their territory favourable treatment accorded to nationals of a foreign country in the same circumstances as regards the right to engage in wage – earning employment. It also provides that restrictive measures imposed on aliens or the employment of aliens for the protection of the labour market shall not be applied to a refugee. Ghana hosts both refugees and asylum seekers in accordance with international and national laws. The majority of refugees and asylum seekers are people fleeing from armed conflicts in Liberia, Sierra Leone and


Cote d’Ivoire. In 1993, Ghana played host to 150,000 refugees, mostly Liberians and Sierra Leoneans (Anarfi et al, 2003; Bump, 2006). According to UNHCR (2008), the refugee population in Ghana rose from 11,721 in 2001 to 53,524 in 2005 and declined to 34,950 by 2007. Table 1 presents the number of refugees in Ghana from 2001 to 2007 and their nationalities. As could be seen in the table, an overwhelming majority (77.3%) of the total number of refugees were Liberians at the end of 2007. Table 1: Distribution of Refugees in Ghana by Country of Origin (2001‐2007) Country 2001 2002 2003 2004 2005 2006 2007 Liberia 8,865 28,298 92,466 40,853 38,684 35,653 27,000 Sierra Leone

1998 4316 943 632 125 ‐ ‐

Sudan 16 23 3 12 579 600 600 Togo 842 819 534 542 14,136 8,517 7,200

Other Nationals

‐ ‐ ‐ ‐ ‐ ‐ 150

Total 11,721 33,466 43,946 42,039 53.524 44,941 34,950 Source: UNHCR, 2008 Ghana hosts most of the refugees in the Gomoa Budumburam Camp in the Central Region and Krisan Camp in the Western Region. Whereas the Gomoa Budumburam Camp is mainly inhabited by Liberian refugees, the residents of the Krisan Camp are made up of Rwandans, Sudanese and Ivorian (Quartey, 2008). The Gomoa Budumburam Camp and Krisan Camp account for 76 percent and 4 percent of the refugees and asylum seekers in the country respectively. The Togolese refugees are hosted in communities in the Volta Region and they formed 16 percent. Besides, about 4 percent of the refugees reside in urban areas, especially in and around Accra, the capital city. Table 2 presents the number of asylum seekers in Ghana from 2001 to 2007. There were 14,016 asylum seekers in 2005 compared with just 169 in 2001. An overwhelming majority (97.5%) of the asylum seekers in Ghana within the period 2001‐2007 were nationals from neighbouring countries in the West African sub‐region, including Liberia, Togo and Cote D’Ivoire. Table 2: Distribution of Asylum Seekers in Ghana by Country of Origin (2001‐2007) Country 2001 2002 2003 2004 2005 2006 2007 Liberia ‐ ‐ ‐ ‐ ‐ 1051 ‐ Sudan 4 10 15 190 365 33 ‐

La Cote D’Ivoire

‐ 350 3,526 182 56 ‐ 160

Togo 165 211 446 125 13,595 3,683 ‐

Other Nationals

‐ ‐ ‐ ‐ ‐ ‐ ‐

Total 169 571 3,987 497 14,016 5,588 440 Source: UNHCR, 2008


Ghana hosted the largest refugees population in the West African, sub‐region in 2007 (UNHCR, 2008). By the end of 2007, a total of 2,330 Liberian refugees had been repatriated with the help of UNHCR. Similarly, 1,330 Togolese refugees were repatriated within the framework of a Tripartite Agreement signed in April, 2007 between the UNHCR and the government of Ghana and Togo. In addition, UNHCR has provided assistance for 330 refugees, comprising Togolese, Sudanese and Liberians who needed continued international protection to relocate to a third country (secondary movement). By the end of 2008, a total of 6,500 Liberian refugees had been repatriated from Ghana. The Government of Ghana has decided that the Gomoa Budumburam Camp was to be closed down by October 31, 2008. According to UNHCR Ghana Office, the decision was based on the fact that it was difficult to manage an open‐settlement, especially one that is very close to the national capital. Hence, UNHCR Ghana is working feverishly with the Government of Ghana and the ECOWAS Secretariat to enable Liberian refugees who intend to be integrated locally to do so under the ECOWAS Protocol on Free Movement of Persons (Right to Integrate). The government has, however, indicated that any prospect for reintegration would be based on the size of the refugee population (Quartey, 2008). Ghana should take seriously the call for the protection of the rights of migrants, asylum seekers and refugees as contained in the ECOWAS Approach on Migration. This is because Ghana has about 1.5 million of her nationals living outside the country (Twum‐Baah, 2005), 6,717 as refugees in 2007 and 1,796 as asylum seekers at the end of 2007 (UNHCR, 2008). Ghana has a draft agreement with some destination countries of Ghanaian emigrants, including Italy, Spain and Libya on labour migration.

3.3 Irregular Migration While advocating free movement of persons within the ECOWAS zone, the ECOWAS Common Approach on Migration acknowledges the phenomenon of irregular migration and calls for actions for controlling the illegal movement of citizens of ECOWAS Member States within the sub‐region. In particular, the document suggests the strengthening of the dialogue framework between ECOWAS host countries and transit countries, and the strengthening of migration management capacities within the ECOWAS framework. An assessment of the citizenship, immigration and refugee laws of Ghana shows that, a person, who is not a citizen of Ghana and who does not hold a permit to be in Ghana, and who is not a refugee or a potential refugee, is an illegal or unlawful immigrant. Such a person may be arrested and detained in any police station or in an immigration detention area for such period as may be necessary for making arrangements for his or her repatriation. Section 44 of the Immigration Act gives to an Immigration Officer; the authority and powers of a police officer to arrest, detain and search an irregular or clandestine immigrant. The Immigration Act provides conditions under which a foreign national may be deported. In the case of the irregular migrant, the deportation is instituted because he or she is in Ghana without a valid permit. The Minister for the Interior and, in some cases, the Courts of Law have the power of deportation by issuing an Executive Instrument to that effect.


During the period 2001 – 2008, a total number of 19,082 immigrations, who were staying in Ghana illegally, were deported to their respective countries of origin. As indicated in Table 3, the number of deportees increased from 1,035 in 2001 to 7,922 in 2004, and then declined to 1,297 in 2007. Table 3: Irregular Migrants Deported from Ghana (2001 – 2007) Number % 2001 1,035 5.4 2002 2,882 15.1 2003 1,880 9.9 2004 7,992 41.5 2005 1,573 8.2 2006 2,493 13.1 2007 1,297 6.8 Total 19,082 100.0 Source: Ghana Immigration Service, 2008

However, Section 51 of the Immigration Act provides some residual powers to the Minister which enables him to revoke or waive a visa, permit, condition of entry and any other requirement on grounds of the national interest, compassionate circumstances or any other reasonable ground. The ECOWAS Common Approach on Migration suggests the cooperation with host countries to provide logistics and funding for voluntarily returning migrants in transit countries and countries of origin. However, the issue of readmission is a thorny one for both source and destination countries, and they present valid reasons for their divergent positions. Receiving countries refer to the risks associated with hosting large communities of illegal migrants, such as destabilization of their social fabric through upsetting planning, pressure on limited resources, and exacerbation of xenophobic feelings. On the other hand, sending countries refer to political costs of cooperating with destination countries on readmission procedures for returning nationals who do not want to return (Aubyn, 2008). While Ghana believes in bilateral readmission agreements, it is the implementation and enforcement in practice of these agreements that has always posed a problem. In addition to the political costs noted above, one of Ghana’s main concerns with these agreements is that the standard procedures for deportation and repatriation of illegal migrants and for readmission are not factored into the agreements. For example, illegal immigrants are sometimes deported in cargo planes with no toilet facilities. Again, the nationality of some migrants is difficult to ascertain since many non‐Ghanaians have Ghanaian travel passports and documents.

3.4 Human Trafficking One of the principles of the ECOWAS Common Approach on Migration is combating human trafficking and strengthening the protection and humanitarian assistance for victims of human trafficking, particularly women and children. Ghana has been described as a source, transit and destination for women and children trafficked for the purposes of sexual exploitation, domestic and commercial labour (USOMCT, 2006). It is also believed that Ghanaian women and girls are trafficked to Europe, particularly Germany, Italy and the Netherlands for sexual exploitation. Some also end up in involuntary domestic servitude in the Middle East. International


trafficking of Ghanaians is done through Nigeria, Cote d’Ivoire, Libya, Belgium, the Netherlands and the United States. In addition, Togolese and Nigerians are trafficked through Ghana (Quartey, 2008). Ghana is signatory to the UN Protocol to Prevent, Suppress and Punish Trafficking in Persons, especially Women and Children (Trafficking Protocol), adopted by the UN General Assembly in 2000. The main aims of this protocol are: to prevent and combat trafficking in persons, paying particular attention to women and children; to protect and assist the victims of such trafficking, with full respect for their human rights; and to promote cooperation among Party States in order to meet those objectives. The Human Trafficking Act of 2005 (Act 694) is to prevent, reduce and punish human trafficking and to provide for the rehabilitation and reintegration of trafficked persons. The Act defines human trafficking as the recruitment, transportation, transfer, harbouring, trading or receipt of person within and across national borders by

(a) the use of threats, force or other forms of coercion, abduction, fraud, deception, the abuse of power or exploitation of vulnerability; or

(b) giving or receiving payments and benefits to achieve consent [Section 1 (1)]. The essential elements in this definition are: the removal of a person for exploitative purposes, generally with coercion, abuse of power, fraud and deception for the benefit of the trafficker. The Act prohibits human trafficking and other offences relating to human trafficking and provides for the arrest and prosecution of offenders and the rehabilitation of trafficked persons. The Human Trafficking Management Board (HTMB) is the body responsible for the implementation of the Act, with the supervision of the Ministry of Women and Children’s Affairs, and in collaboration with other government agencies and organizations. Section 34 of the Act deals with the continued stay of illegal immigrants. It provides that, subject to the provisions in Section 21 of the Immigration Act on the removal of an illegal immigrant, a trafficked person, who is in Ghana unlawfully, may remain in Ghana throughout the period that is necessary for the legal investigation and prosecution of the trafficker. The HTMB is required to make arrangements for the repatriation of the trafficked person upon completion of the legal process. The final provision in the Human Trafficking Act that is relevant to labour migration is that a non‐Ghanaian convicted of trafficking in persons under a provision of the Act shall be extradited from Ghana.

3.5 The Gender Dimension of Migration There is a growing number of African women who migrate and play a crucial role in the economic and social development process. It is estimated that women account for 47% of the 17 million immigrants in Africa and are mostly from the West African sub‐region. In view of the increasing role of women migrants within and beyond the ECOWAS border, the ECOWAS Approach on Migration document recommends that ECOWAS Member States should provide gender disaggregated data on the profiles of migrants and ensure the inclusion of gender dimensions in migration policies. Among the specific actions and measures to be undertaken are:


(i) include gender dimensions in migration policies; (ii) establish and strengthen support institutions for entrepreneurship training for female

migrants; and (iii) remove all illegal trade barriers which stifle the entrepreneurship potential of women when

they migrate. In Ghana, the legal instruments which provide the framework for the effective participation of women in the development process include:

(i) The Labour Act of 2003 (Act 651), which makes specific provisions for the employment of women, including night work or overtime by pregnant women, prohibition of assignment of pregnant women on maternity, annual and sick leave.

(ii) International Convention on the Elimination of All Forms of Discrimination against Women (CEDAW) of 1979, which provides for the elimination of all forms of political, economic, social, cultural and other forms of discrimination against women and address the concern that, in situations of poverty, women have the least access to food, health, education, training and opportunities for employment and other needs.

(iii) Strategic Framework for a Migration Policy for Africa of 2006, which serves as a basic guideline to assist Member States and Regional Economic Commissions to develop national and regional migration policies.

The Ministry of Women and Children’s Affairs (MOWAC) was established in 2001 with the mandate to initiate and coordinate the formulation of policies to promote gender‐mainstreaming and child development across all sectors; to ensure gender equality and women empowerment, survival, development and growth of women. It is also responsible for ensuring the protection of the rights of women and children. However, the Ministry does not have a policy on labour migration nor any ongoing programme on labour migration. However, it is a member of a number of committees and working groups that are currently working on fashioning a labour migration framework for Ghana. It is imperative that Ghana strengthens gender‐specific approaches to policies and activities concerning labour migration, particularly in recognition of the increasing role being played by women labour migrants.

3.6 Solidarity between Ghanaians in the Diaspora and the Country The ECOWAS Common Approach on Migration recognizes the huge expertise and the financial resources of West African nationals in the Diaspora and the enormous contribution they can make towards the development of their countries of origin. The document, therefore, enjoins Members States to institute measures to combat the brain drain, facilitate the financial transfers and investment in the region as well as support the involvement of their nationals in the Diaspora in development projects. Ghana’s Growth and Poverty Reduction Strategy (GPRS II), which sets out the government strategy for wealth creation in order to reduce poverty, has identified Ghanaians in the Diaspora as a potential source of funding. In view of this, Ghana Missions abroad have been tasked to devise strategies towards the mobilization of Ghanaians in the Diaspora and their resources for national development. Among other things, the key contributions of the Ghanaians in the Diaspora which have been identified and need to be explored for national development include potential market for non‐traditional exports, source of capital for investment, such as finance, technology transfer and skills, as well as ambassadors for aspects of Ghanaian culture, such as foods, clothing, music and films.


Furthermore, the revised National Population Policy document of 1994 makes provision for incentives to encourage voluntary return of highly skilled Ghanaian emigrants to enable them contribute to local development (Republic of Ghana, 1994). According to the Ministry of Tourism and Diasporan Relations, Ghana has no policy on Diasporan affairs. In spite of this, there are some efforts to encourage both Ghanaian and the African American Diaspora to return and contribute to development in Ghana. In July, 2001, the government convened the “Home Coming” summit as part of the political efforts to encourage Ghanaians abroad to return home and contribute to her development through investment in the economy. It is estimated that 1,600 Ghanaians, mainly professionals, participated in the summit. This resulted in the decision to set up a Non‐Resident Ghanaian Secretariat at the Ghana Investment Promotion Centre (GIPC). However, almost eight years after the summit, the office is yet to be set up. Furthermore, Ghana has enacted the Citizenship Regulations, 2001 (L.I.1690) which allows Ghanaian immigrants to acquire nationality of other countries without losing their Ghanaian citizenship. According to the Ministry of the Interior, a total of 5,903 Ghanaians were granted dual citizenship status between January, 2003 and August, 2008. In addition, the Representation of People’s Amendment Law has been enacted to allow Ghanaian residents abroad to participate in the democratic process by voting in the general elections. Although Ghana is yet to enact a policy on Diaspora, efforts are being made to persuade the descendants of former slaves in the United States, Latin America and the Caribbean to make Ghana their home – to visit, invest, send their children to be educated and spend their retirement. In pursuit of this objective, the Ghana Immigration Act (Act 573) makes provision for the conferment of right of abode on persons of African descent in the Diaspora (Section 17, subsection 1b). There are also proposals for special lifetime visa for those in the Diaspora and the relaxation of citizenship requirement to facilitate the acquisition of Ghanaian passport (Dual Citizenship). However, there have been complaints from some Ghanaians abroad that they have been excluded from the Diasporan relations which the government seeks to cultivate. Their main complaint is that the focus of attention is on African Americans to the neglect of the Ghanaians in the Diaspora. Finally, the implementation of the Migration for Development in Africa (MIDA) Project, an initiative sponsored by the International Organization for Migration (IOM) to facilitate mobilization of migrants and their resources for development, should be promoted. It is hoped that a full support of the programme will augment the total number of 300 Ghanaians who have so far returned home under the programme (Ministry of Interior, 2008).

3.7 The Harmonization of Migration and Development Policies One of the underlying principles of the ECOWAS Common Approach on Migration document is the harmonization of migration and development policies. Member States are to ensure policy coherence by, among others, harmonizing national migration management policies with sector development policies. Furthermore, the document reminds Member States to establish a direct link between migration and development, which should be conveyed in a parallel approach to harmonize policies related to migration


and development, based on the orientations of the Tripoli Declaration of November, 2006. It then mentions several action plans to promote this linkage. As has already been mentioned in the last section, Ghana’s GPRS II has set out the government’s strategy to mainstream the issue of migration into its development policies. However, the lack of a comprehensive framework on migration in general and a clear policy guideline on labour migration in particular makes the harmonization of migration and development policies extremely difficult. The government has instituted an inter‐ministerial working group (IMWG) to oversee and manage the recruitment of workers for public employment. The IMWG is made up of representatives from the Ministries of Manpower and Employment, Foreign Affairs, Justice, Interior, the National Security Council and the Labour Department of the Ministry of Manpower and Employment. In addition to the IMWG, the various laws of the country show the range of institutions involved in labour migration issues in Ghana. These include:

The Ministry of Interior; The Ministry of Manpower and Employment; The Ministry of Women and Children’s Affairs; The Ghana Immigration Service and its Immigration Quota Committee; The Ghana Investment Promotion Council; The Ghana Refugee Board; The National Labour Commission; and The Courts of Law.

Ghana approaches the issue of labour migration management from the premise that migration management is multifaceted and can only be addressed comprehensively and effectively through collaboration between and among various stakeholders. It can, thus, be said that, in the absence of a comprehensive framework on labour migration, efforts at developing and managing labour migration have been and continue to be collaborative, involving government, through its ministries, departments and agencies, academic institutions, the UN and other international agencies, NGOs and all collaborative institutions. Furthermore, because of the constant change in job schedules and the membership of the teams that deal with migration issues, the experience and expertise on migration issues of former team members are lost. Lack of effective coordination is another issue that affects the country’s efforts towards effective management of migration and development. This affects data gathering, processing and analysis. Whenever there is a migration issue to be addressed, some institutions are requested to make representation to the IMWG. This adversely affects the effectiveness of the IMWG since some of the representatives do not attend meetings regularly (different persons attend meetings at different times) or make useful contribution. Thus, the commitment and loyalty of some of the members of the IMWG are low and thereby affect their performance (Quartey, 2008). Finally, in view of the absence of migration policy and effective coordination of migration and development efforts, Ghana is not proactive in handling labour migration issues, nor has it been able to harmonize migration and development policies.


4. Challenges to the Implementation of the ECOWAS Common Approach on Migration The implementation of the ECOWAS Common Approach on Migration in Ghana poses challenges on several fronts. The following are some of the challenges:

1) The lack of a clear policy on migration in the country to guide public officials and other operators in the sector.

2) The lack of accurate data on immigrants and emigrants. For example, the existing data at

GSS does not permit a meaningful analysis due to the fact that the characteristics of immigrants and emigrants, such as sex, age, occupation, and level of education, are not provided. Furthermore some Ghana Missions do not have accurate registration statistics on Ghanaians living abroad. Also, some of the immigrants and emigrants enter or leave the country through unauthorised routes. Since the borders are porous and not effectively patrolled, it becomes difficult to obtain accurate data on such movements. As a result, many migrants are staying in the country without Resident Permit and are, therefore, not captured in the official database provided by the GSS. For example, some nationals of ECOWAS Member States enter the country as short‐term migrants but often stay beyond the mandatory 90 days.

3) The various existing pieces of subsidiary legislation that regulate immigration issues in the

country are not coherent nor do they provide the needed details that will ensure an effective implementation of ECOWAS Common Approach on Migration. For example, the Immigration Regulations and the Labour Regulations are not detailed enough to cover all aspects of labour migration issues.

4) There is poor coordination among the institutions which deal with the immigrants and

emigrants in the country. The result is that information sharing is poorly practised among the various ministries, departments and agencies in the country. For example, there is no institution in the country with the mandate to obtain information on visas issued and on those overstaying their visas (Quartey, 2008).

5) The lack of coordination among Member States at the regional level.

6) The inability of the ECOWAS Commission to explain the Common Approach to Member

States and help them to implement it.


5. Future Policy Directions and Initiatives

An efficient management of migration is known to being about a positive impact on socio‐economic development. It is, therefore, necessary to create the appropriate policy environment to maximize the benefits and minimize the risks of migration at both the national and regional levels. In Ghana, the starting point for an efficient migration management is to formulate a comprehensive migration policy which will ensure an integrated and holistic approach for the development and implementation of migration issues, involving all the various actors in the migration policy process, especially government, the private sector, civil society and the trade unions at the country level. It is also important to ensure that the national migration policy is in consonance with sub‐regional, regional and international conventions and regulations. Secondly, there is the need to collect disaggregated data from persons arriving in and departing from the country to ensure a meaningful analysis of migration data. The data could be disaggregated by sex, age, occupation, level of education, nationality and marital status. The GIS could collect the data from immigrants who apply for or are granted resident permit, while the GSS would process the data and make it available to those who are interested in the information. In this connection, a depository of migration information could be created to assist in the design of effective migration policy measures. Furthermore, policy makers and all those involved in the management of migration should be adequately informed about or be conversant with the various laws that govern labour migration, and they should be informed by these laws and regulations when entering into bilateral agreements and other forms of partnerships with other countries. The contribution of Ghanaians abroad in mobilizing and transferring resources with the broad aim of improving the economic wellbeing of their counterparts in Ghana is enormous. They constitute a key stakeholder in national development through the various community level development projects. In order to benefit from their remittances, skills transfer and investment opportunities, it is necessary to create and maintain strong links between Ghanaian migrants and the country. Ghana could tap their potential by encouraging them to continue to contribute human and financial capital to the development of their home communities. The policy on migration should be able to facilitate this. At the regional level, ECOWAS Member States should go beyond the mere signing of the ECOWAS Protocols and design policies that will ensure the successful implementation of the ECOWAS Common Approach on Migration. Finally, the ECOWAS Commission should be proactive in ensuring that Member States actually adhere to the spirit and letter of the Common Approach. In this regard, there is the need to monitor cloesly the migration policies and activities of the Member States.


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