Abstract: Ghana’s porous borders make immigration regulation complex, but it aims to protect citizens and immigrants through the Immigration Service Act of 2016 and the Immigration Act of 2000. The country has maintained a friendly stance towards neighbouring nations like Burkina Faso, Cote d’Ivoire, and Togo due to political instability and economic opportunities. The country has ratified regional and global accords supporting migration and freedom of movement, such as the Economic Community of West African States (ECOWAS) protocol. However, Ghana faces challenges like illegal migration, human trafficking, and cross-border crime. The government has implemented measures to strengthen border security, combat illegal migration, and address undocumented migrants. The government balances legal migration and regional integration while managing the impact of immigration on the country. The paper discusses the immigration policy of Ghana, the legislation and implementation, the challenges with implementation, as well as an explanation of some international treaties and internal acts that impact immigration policy and enforcement in Ghana and the idealism and realism of the immigration policy to neighbouring countries.
Introduction
Immigration policy involves states controlling the influx of individuals seeking residence within their borders, including rules on access to territory, labour market participation, asylum seekers’ and refugees’ rights, family reunification, and citizenship acquisition by immigrants and their family members through naturalization. These policies ensure fair treatment and protection for all individuals (Perez, 2015). The United Nations Department of Economic and Social Affairs (2013) established that immigration policies aim to meet labour market needs and demographic objectives in destination countries, implemented through laws, regulations, and programs. Policy-making in this sense is a complex process that involves identifying, analysing, and implementing policies to address issues. It involves a range of stakeholders, including government officials, experts, interest groups, and the public. The process can be time-consuming and complex, requiring careful consideration of legal and ethical issues, political feasibility, and resource constraints. Effective policymaking requires collaboration, communication, and a willingness to adapt and adjust policies based on new information and feedback.
The Immigration Act, 2000 (Act 573) governs Ghana’s immigration policy, regulating entry, stay, and exit of foreigners. Implemented by the Ghana Immigration Service (GIS), the policy promotes non-discrimination, human rights respect, and national security. It allows foreigners to enter Ghana for work, study, tourism, and investment, with various visas and permits available. The policy also combats illegal immigration and human trafficking, with the GIS working with other agencies and international organizations to prevent and detect these issues.
The issues surrounding Ghana’s immigration policy and enforcement have a political twist. It appears the policies aside from the challenges emanating from its enforcement sound a contradiction of many treaties signed by the country, a situation that separates realism from idealism. Foreigners entering or transiting through Ghana must obtain a Ghana entry visa from a Ghanaian consulate abroad and possess a valid passport or travel documents. Citizens of the Economic Community of West African States (ECOWAS) and the remaining African Union countries are exempt from visa applications but must obtain an entry visa stamp upon arrival at the international airport in Accra. Despite the clear indication set forth by the immigration Act, the implementation seems flouted with lots of challenges which is argued by many as a contributing factor to why so many illegal immigrants in Ghana. Trafficking humans especially female minors from other neighbouring African countries like Niger, Mali, Togo, and Nigeria to Ghana with the promise of securing these minors non-existent jobs. These young girls are usually initiated into illicit sexual activities i.e. prostitution and males among them are usually recruited into other criminal activities such as cybercrime as occasionally reported by the Ghana Immigration Service.
By surveying existing research and literature, the study strives to interrogate some central issues regarding Ghana’s immigration policy and its enforcement.
Question 1: What are the components of immigration policy-making and implementation in Ghana?
Question 2: What are the challenges associated with immigration policy enforcement in Ghana?
Question 3: What are the Acts that have impacted Ghana’s immigration policy towards its neighbouring countries?
Question 4: What are the Idealism and Realism of Ghana’s Immigration Policy Enforcement?
After giving some background and explanation, the parts that follow reference the National Migration Policy for Ghana, the immigration Act, national documents on immigration and studies that look at the international immigration treaties and immigration policy enforcement of Ghana. The study investigates Ghana’s immigration policy-making and implementation, challenges in enforcement, acts that has impacted Ghana’s immigration policy, and the idealism and realism in Ghana’s enforcement of immigration policies. The essence of the paper is to help establish the issues surrounding Ghana’s immigration policy and the problems within the policy enforcement towards neighbouring citizens.
Immigration Policy-making and Implementation in Ghana
The policy-making process involves collaboration between the Ghana Immigration Service, the Ministry of Interior, and other government agencies and stakeholders to address border control, visa regulations, work permits, and refugee and asylum seeker management. The Ghana Immigration Service collaborates with foreign governments and international organizations like the United Nations High Commissioner for Refugees (UNHCR) and other agencies to ensure the enforcement of international immigration laws and procedures, including managing refugee and asylum concerns. Immigration policy-making and implementation are intricate processes involving various factors.
Legislative Process: The legislative process, which involves the introduction, discussion, and approval of immigration-related measures in the nation’s parliament or legislative body, is usually used to develop and implement immigration policy. The legal foundation for immigration, including visa categories, eligibility requirements, and enforcement strategies, is defined by the laws created through this process (Ghana Immigration Service Legal Handbook, 2016). The Ghanaian government’s policy-making process involves extensive research, analysis of immigration trends, and international best practices. It considers economic, social, and security implications. The Ministry of the Interior and Ghana Immigration Service collaborate to identify policy improvement areas and develop strategies for immigration challenges (Ministry of the Interior, 2016). Once the policies are formulated, they undergo a review process and may be subject to approval by the relevant authorities or government bodies. After approval, the policies are then implemented by the GIS and other relevant agencies.
Executive Action: Immigration policies can be influenced by executive orders, directives, or administrative regulations from the government’s executive branch, which can affect enforcement, border security, and the implementation of immigration-related programs. (Rosenblum, 2015). For instance, in 1963, the first president of Ghana, Dr Kwame Nkrumah created the Border Guard Service now the immigration service under the 1963 Security Act 202, the Border Guard Service before 1963 was absorbed by the Ghana Police Service but upon the realisation of operational lapses and drastic revenue loss, the Border Guard was created. Also in 2005, the cabinet mandated the Ghana immigration service to prepare and implement a new Border Management Policy with a focus on border patrol and policing of the borders (Ghana Immigration Service, n.d).
Stakeholder Consultation: Stakeholder consultation is a vital part of immigration policy-making, ensuring that policies are well-informed, balanced, and consider diverse perspectives. Immigration policy-making just like all policies often involves consultation with diverse stakeholders like government agencies, NGOs, immigration experts, and migrant community representatives to identify diverse perspectives and potential impacts. To guarantee that immigration policies address the wide range of requirements and concerns of the populace, public consultations, civil society organisations, and foreign partners are frequently involved in their development (Kandilige, Teye, Talleraas and Gopsill, 2023). Each stakeholder brings valuable insights, expertise, and experiences, shaping more comprehensive and effective immigration policies. The consultation process usually transparent, inclusive, and accessible, involving public hearings, roundtable discussions, surveys, focus groups, and online platforms for feedback. It is ongoing and iterative, fostering trust and accountability, and addressing emerging issues (OECD, 2021).
International Agreements: Immigration policies may also be influenced by international agreements and treaties, particularly in the context of refugee protection, labour migration, and border management. For instance, the ECOWAS protocol, AfCFTA treaty etc. These agreements can shape a country’s approach to immigration and influence the implementation of policies related to cross-border movement. Ghana is a signatory to several international agreements on immigration policy, including the International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families, which was ratified in 2007. The Global Compact for Safe, Orderly and Regular Migration, adopted in 2018, provides a framework for international cooperation on migration, aiming to enhance governance, address migrants’ needs, and contribute to sustainable development. Ghana is also a member of the Economic Community of West African States (ECOWAS) Protocol on Free Movement of Persons, Residence and Establishment, allowing citizens of ECOWAS member states to enter and reside in Ghana without a visa or work permit. The United Nations Convention relating to the Status of Refugees, a signatory to this convention, provides a legal framework for protecting the rights of refugees. These agreements form the basis of Ghana’s immigration policies, reflecting its commitment to regional integration and cooperation.
Implementation and Enforcement: Immigration policies are established and enforced by government agencies like immigration services or border control authorities, which include visa processing, border security measures, detention procedures, and compliance monitoring.
The Ghana Immigration Service (GIS), under the Ministry of the Interior, is responsible for border management, visa issuance and control, work permits and residence permits, immigration enforcement, refugee protection, and collaboration with international partners.
Border management involves monitoring and controlling the movement of people and goods across borders to ensure compliance with immigration laws. The GIS oversees visa issuance, extension, and control of visas, ensuring compliance with stay conditions. It regulates work and residence permits, ensuring employers comply with immigration laws and foreign workers have the necessary documentation. Regular enforcement activities identify and address violations, including illegal entry, overstaying visas, and unauthorized employment. The GIS also handles refugee protection, processing asylum applications, providing documentation, and ensuring rights are respected. It collaborates with international partners to address transnational immigration-related crimes (Ghana Immigration Service, n.d).
Monitoring and Evaluation: The process of formulating immigration policy includes ongoing observation and analysis of results, evaluating the efficacy of existing legislation, pinpointing opportunities for enhancement, and tackling issues related to migration and border control. Immigration policy-making necessitates a comprehensive, coordinated approach involving legal, administrative, and operational measures to address the dynamic nature of migration. Collaboration among government entities, civil society, and international partners is crucial for effective and responsive immigration policies. Despite the efforts by the Ghana Immigration Service to be on top of their operation, a lot of challenges are thwarting their effort to achieve excellence.
Challenges with Immigration Policy Enforcement in Ghana
The Ghana Immigration Service faces numerous challenges in enforcing immigration policies, similar to many other countries. Despite efforts by the Ministry of the Interior to help the service combat these issues, the service appears to be overwhelmed by numerous challenges, as acknowledged in the National Migration Policy for Ghana (2016). The challenges include but are not limited to the following:
Resource Constraints
Resource constraints in Ghana significantly hinder the government’s ability to effectively enforce immigration policies. The Ghana Immigration Service (GIS) faces challenges in effectively monitoring and controlling immigration due to a lack of resources, including personnel, equipment, and funding, which hinders its enforcement of immigration policies. The lack of adequate resources, including personnel, equipment, and funding, makes it challenging to monitor and control the movement of people across the country’s borders. One of the main challenges is the inability to properly screen and verify the identities of individuals entering the country. The country’s long coastline and multiple land borders make it difficult to monitor and control these borders, making it easier for smugglers and illegal immigrants to enter the country undetected. Additionally, resource constraints affect the capacity of immigration officials to investigate and prosecute cases of illegal immigration, making it difficult to gather evidence and conduct proper investigations.
Corruption
Corruption significantly impacts Ghana’s immigration policy enforcement, leading to issues such as illegal immigration and human trafficking. Bribery and fraud within immigration agencies allow individuals to bypass regular procedures, compromising the integrity of the immigration system. Corrupt officials are complicit in creating or distributing fraudulent documents, facilitating illegal immigration and human trafficking.
Trafficking and smuggling activities are facilitated by corrupt officials who turn a blind eye to these activities in exchange for bribes or other illicit gains. This lack of accountability within immigration agencies results in ineffective enforcement of immigration policies and failure to address systemic vulnerabilities.
The widespread corruption within immigration agencies erodes public trust and confidence in the government’s ability to manage immigration effectively, potentially impacting social cohesion and the rule of law. In summary, corruption undermines the enforcement of immigration policy in Ghana by facilitating illegal activities, eroding institutional integrity, and diminishing public trust.
Inconsistent Policies
In Ghana, inconsistent immigration policies lead to confusion and uncertainty among officials, resulting in varying interpretations of the law and inconsistent application of regulations. This results in gaps in enforcement and misunderstandings for stakeholders involved in immigration processes. Compliance challenges arise as individuals struggle to understand and adhere to rapidly changing rules, leading to unintentional violations and non-compliance. Enforcement gaps result from the struggle to effectively implement unclear or contradictory regulations, resulting in uneven practices and vulnerabilities in the immigration system. Inconsistent policies also have implications for national security, as gaps in enforcement and compliance allows malicious individuals to exploit weaknesses.
Transnational Movement
Ghana faces challenges in border control due to ongoing issues like illegal migration, human trafficking, and smuggling of goods, requiring effective measures to monitor and secure these borders. Transnational movement, the movement of people across international borders, significantly impacts Ghana’s immigration policy enforcement. It has created challenges in border security, identification and verification, human trafficking, cross-border crime, and national security. Ghana’s long coastline and numerous land borders make it difficult to secure its borders, allowing illegal immigrants and criminal networks to exploit weaknesses. The movement also poses challenges in identifying and verifying the identities of individuals entering the country, making it difficult to determine legal or illegal entry and potential security risks.
Human trafficking is another issue facilitated by transnational movement, as criminal networks transport individuals across borders for exploitation. This can involve forced labour, and sexual exploitation, for instance, reports suggest a lot of young girls engaging in prostitution are trafficked from neighbouring West African countries to Ghana for the illicit sex trade, and other forms of abuse, impacting immigration policies and human rights enforcement. Cross-border crime, such as drug trafficking, arms smuggling, and money laundering, is also facilitated by the movement.
Porous borders
Ghana’s porous borders pose several challenges to immigration authorities, including illegal entry, smuggling, human trafficking, lack of control, and security concerns. These borders enable individuals to enter the country without proper documentation, making it difficult for authorities to track and enforce immigration policies. Additionally, they facilitate the smuggling of goods and people, making it difficult for authorities to control the movement of individuals. Human traffickers exploit vulnerable individuals, transporting them across the border without detection. The lack of proper border control has hindered the enforcement of immigration policies.
Lack of public awareness
The lack of public awareness in Ghana significantly impacts the enforcement of immigration policies. The Ghana Immigration Service (GIS) faces challenges in gaining public support for its enforcement efforts due to the lack of awareness among many Ghanaians about the country’s immigration policies. This lack of awareness can lead to a lack of compliance, resulting in unintentional violations of immigration laws. Additionally, it exposes vulnerable migrants to exploitation by human traffickers, smugglers, and unscrupulous employers, resulting in irregular migration and undocumented work. Public awareness is crucial for garnering support for enforcement efforts, as uninformed or misinformed individuals resist enforcement actions, distrust authorities, or struggle to obtain community cooperation. Insufficient public awareness also hinders migrants’ access to essential services, such as legal assistance, healthcare, and education, leading to marginalized communities and exacerbated social and economic challenges.
Acts That Have Impacted Ghana’s Immigration Policy Towards Its Neighbouring Countries
There are acts and treaties that are argued to have influenced immigration in Ghana.
Some International Treaties on Immigration
Several international treaties on immigration have impacted Ghana’s immigration policy. For this study, the ECOWAS protocol and the AfCFTA treaty are discussed.
Economic Community of West African States (ECOWAS) Protocol
The Economic Community of West African States (ECOWAS) is a regional economic union of 15 West African countries. The free movement of people, products, and services is one of the many facets of regional integration that are governed by the organization’s numerous protocols. Among the essential ECOWAS protocols are the following:
1. ECOWAS Protocol on Free Movement of Persons, Residence, and Establishment: This protocol permits visa-free travel, the ability to live and work in any member state, and the establishment of a company or professional activity to promote the mobility of ECOWAS nationals within the region.
2. ECOWAS Protocol on the Free Movement of Goods: This protocol seeks to promote trade and economic integration by eliminating trade barriers, harmonizing trade policies, and facilitating the movement of goods within the ECOWAS region.
3. ECOWAS Protocol on the Common External Tariff: This protocol establishes a common external tariff for goods imported from outside the ECOWAS region, to create a unified customs territory and promote economic cooperation.
4. ECOWAS Protocol on Agriculture and Food Security: This protocol aims to enhance agricultural productivity, food security, and rural development within the region through cooperation in agricultural policy, research, and technology transfer.
The protocols aim to promote regional integration, economic cooperation, and development within ECOWAS member states by facilitating collaboration on trade, immigration, agriculture, and economic policy.
African Continental Free Trade Area (AfCFTA) Treaty
The African Continental Free Trade Area (AfCFTA) is a free trade agreement aimed at creating a single market for goods and services in Africa, facilitating the free movement of people, and spurring economic growth and development. With 54 signatories, it is the largest free trade area in terms of membership, population, and geographic size. The agreement has a combined gross domestic product of approximately USD 3.4 trillion (Maliszewska, et al 2020).
The African Free Trade Agreement (AfCFTA) aims for deeper economic integration in Africa, attracting investment, boosting trade, providing better jobs, reducing poverty, and increasing shared prosperity. It could increase FDI by 111% to 159%, with higher-paid, better-quality jobs, particularly for women. By 2035, wages could rise by 11.2% for women and 9.8% for men. To fully realize AfCFTA’s goals, African governments should conclude talks, build public support, monitor distributional impacts, and implement social safety nets (Echandi, Maliszewska, and Steenbergen, 2022).
The Africa Continental Free Trade Area among other things aims to create a single market for goods and services with free movement of people and investments, promote industrial development, enhance competitiveness, address sustainable development issues, facilitate the establishment of a continental customs union, promote regional and continental integration, enhance Africa’s bargaining power in global trade negotiations, and promote peace and stability in Africa by fostering economic cooperation and interdependence among African countries. This is to help reduce reliance on raw material exports, increase Africa’s share of global trade, and address issues such as gender inequality, youth unemployment, and environmental sustainability.
Some Local Acts that Influence Immigration
There are local rules that regulate immigration and activities in Ghana, this to some extent have influenced immigration issues. The Immigration Act 2000 (Act 573) and the Ghana Investment Promotion Centre (GIPC) Act 2013 (Act 865) are discussed below.
Immigration Act 2000 (Act 573)
The Immigration Act of Ghana is a legal framework that regulates and controls the entry, residence, and employment of non-citizens in Ghana. It outlines procedures for obtaining visas, work permits, and residency permits, outlining different categories and eligibility criteria. The Act also establishes the powers and duties of the Ghana Immigration Service, the government agency responsible for enforcing immigration laws. It addresses issues like deportation, refugee status, and non-citizen rights. The Act aims to ensure transparent, fair, and international-standard immigration processes. The Act plays a crucial role in managing immigration in Ghana, promoting national security, and economic development, and protecting the rights of citizens and non-citizens. For instance;
1. Section 27(1) of the Ghana Immigration Act 2000 (Act 573) requires that every person who is not a citizen of Ghana must possess a valid passport or other travel document and a valid entry permit or visa before entering Ghana.
2. Section 27(2) of the Act prohibits any person who is not a citizen of Ghana from entering Ghana without the necessary travel documents and entry permit or visa.
3. Section 28 of the Act empowers immigration officers to refuse entry into Ghana to any person who does not possess the necessary travel documents and entry permit or visa.
4. Section 29 of the Act prohibits any person who is not a citizen of Ghana from engaging in any employment or occupation in Ghana without the necessary work permit.
5. Section 31 of the Act prohibits any person who is not a citizen of Ghana from engaging in any business or commercial activity in Ghana without the necessary business permit.
6. Section 32 of the Act prohibits any person who is not a citizen of Ghana from acquiring or owning land in Ghana without the necessary permission from the Minister responsible for lands.
7. Section 33 of the Act prohibits any person who is not a citizen of Ghana from engaging in any political activity in Ghana.
8. Section 34 of the Act prohibits any person who is not a citizen of Ghana from engaging in any activity that is likely to endanger public health, safety or security in Ghana.
9. Section 35 of the Act empowers immigration officers to arrest and detain any person who is not a citizen of Ghana and who has entered or is in Ghana in contravention of the Act.
Ghana Investment Promotion Centre (GIPC) Act 2013 (Act 865)
The Ghana Investment Promotion Centre (GIPC) is a government agency established under the GIPC Act, 2013 (Act 865) to promote investments in Ghana, create an attractive incentive framework, and foster a transparent, predictable, and facilitating environment for investments. The GIPC Law refers to the Ghana Investment Promotion Centre Act, 2013 (Act 865), which is the primary legislation governing investment in Ghana. It outlines the regulations and incentives for both domestic and foreign investors. However, the Ghana Investment Promotion Centre (GIPC) Act restricts foreign nationals from engaging in certain business activities in Ghana. These activities include:
1. Retail trading: The practice of retail trade in Ghana is forbidden to foreign nationals. They are thus not permitted to establish or run a store or market stall in the area.
2. Small-scale mining: Small-scale mining operations are prohibited for foreign nationals in Ghana. This aims to safeguard the regional mining sector and guarantee that foreign investors do not take advantage of the natural riches.
3. Security services: In Ghana, it is illegal for foreigners to own or run a private security firm to prevent foreign interests from posing a threat to national security.
4. Real estate: To prevent foreign investors from exploiting Ghana’s abundant land resources, foreign people are not allowed to possess land and are only permitted to lease it for a maximum of 50 years.
5. Media: In Ghana, a media outlet cannot be owned or run by a foreign national. This aims to safeguard the nation’s media sector and guarantee that no foreign interests have an impact on the information that is shared.
For instance, Section 27(1) of Act 865 outlines activities that foreign investors are not allowed to invest or participate in, including the sale of goods or services in a market, petty trading, hawking, and selling goods in a stall. Other activities not permitted for non-citizens include operating taxi or car hire services, operating beauty salons or barber shops, printing recharge scratch cards, producing exercise books, retailing finished pharmaceutical products, and producing sachet water.
Section 28(2) of Act 865 allows individuals who are not citizens to engage in retail trading activities if they invest at least one million US dollars in cash or relevant goods and services. Trading includes purchasing and selling imported goods and services, and foreign enterprises must employ at least twenty skilled Ghanaians.
Section 28(5) of Act 865 does not apply to the foreign spouse of a citizen of Ghana if the foreign spouse is married to a Ghanaian for at least five years continuously or holds an indefinite resident permit before enterprise registration, the marriage has been verified as valid, and the foreign spouse is ordinarily resident in Ghana.
Section 28(6) of Act 865 states that a citizen of Ghana who loses their citizenship due to the assumption of another country’s citizenship shall not be required to comply with minimum capital requirements, including trading. Foreigners fulfilling this minimum requirement are prohibited from trading in markets, stores, stalls, and hawking.
The Idealism and Realism of Ghana’s Immigration Policy Enforcement
The question of the idealism and realism of Ghana’s immigration policy enforcement falls to whether the government is playing politics as usual with the immigration policies towards the neighbouring countries or not and inferences can be made from the inconsistency of immigration policies which the majority appears not enforceable. It appears the state wants the populace to realize something is being done therefore policies are being thrown around to cover the inefficiency, the major reason for the problem of resource constraints. This is because every thought-through policy makes provision for resources for enforcement. It is only when such policies are not intended but are passed for the politics of it that resources are not provided for its execution. This habit is a feature of leadership in Africa, therefore the phenomena can be strongly argued that most policies on immigration passed in Ghana are non-functional because the idea that occasioned its passage was for the politics of it, that is the idealism not the reality.
Ideally, by signing the ECOWAS protocol, ECOWAS nationals can freely move and trade in Ghana due to the ECOWAS Protocol on Free Movement of Persons, Residence, and Establishment, which permits visa-free travel, the ability to live and work in any member state, and the establishment of a company or professional activity to promote the mobility of ECOWAS nationals within the region. However, the reality is the restrictions imposed by local Acts. For instance, Section 28(2) of the Ghana Investment Promotion Centre (GIPC) Act 2013 (Act 865) allows individuals who are not citizens to engage in retail trading activities if they invest at least one million US dollars in cash or relevant goods and services. The trading includes purchasing and selling imported goods and services, and foreign enterprises must employ at least twenty skilled Ghanaians. This is argued by many as a deliberate attempt by the state to deny ECOWAS nationals of taking advantage of the ECOWAS protocol because most of the immigrants from the West African Countries who immigrate to Ghana are people who cannot boast of even $100,000 not to talk of a million dollar. Moreover, the calibre of ECOWAS nationals who immigrate to Ghana are people with difficult economic situation and comes in to engage in petty business to make ends meet, therefore requiring such people to invest or produce a million dollar before they are allowed free movement and trade in Ghana can be argued as engaging in the usual politics played by leaders on the African continent. That is providing an ideal situation with unrealistic actualisation.
The internal acts to some extent flout most of the international treaties signed, another justification for how politics in the context of Ghana and Africa has played into the immigration policies toward neighbouring countries and ECOWAS member states, a perfect depiction of the ideal situation versus the reality. For instance, the ECOWAS protocol on Free Movement of Persons, Residence, and Establishment, and the African Continental Free Trade Area (AfCFTA) treaty of free trade agreement aimed at creating a single market for goods and services in Africa, facilitating the free movement of people, and spurring economic growth and development are disregarded by some sections of the Immigration Act and Ghana Investment and Promotion Centre Act. That is, Section 27(1) of the Ghana Investment Promotion Centre Act 2013 (Act 865) outlines activities that foreign investors are not allowed to invest or participate in, including the sale of goods or services in a market, petty trading, hawking, and selling goods in a stall. Other activities not permitted for non-citizens include operating taxi or car hire services, operating beauty salons or barber shops, printing recharge scratch cards, producing exercise books, retailing finished pharmaceutical products, and producing sachet water. Also, section 27(1) of the Ghana Immigration Act 2000 (Act 573) requires that every person who is not a citizen of Ghana must possess a valid passport or other travel document and a valid entry permit or visa before entering Ghana. Section 27(2) of the Act prohibits any person who is not a citizen of Ghana from entering Ghana without the necessary travel documents and entry permit or visa. These local acts appear contradictory to some sections of the international treaties. This is because to say free movement of goods and persons means without restrictions but there lie lots of restrictions in the local acts rendering some sections of these international treaties ineffective, a situation of idealism against realism.
It is an open secret that the ECOWAS citizens use unapproved routes to enter Ghana though ideally they are to merit from the ECOWAS protocol on Free Movement of Persons, Residence, and Establishment. Due to the restrictions that are making the ECOWAS protocols ineffective, these nationals would prefer taking unapproved routes to bypass those restrictions. Also, the porous nature of Ghana’s borders provides them with an easy alternative compared to putting themselves through numerous interrogations and exploitation at the hands of some corrupt immigration officials whose personal interests supersede the execution of their duty.
Conclusion
The Ghana Immigration Service (GIS) as part of its duty collaborates with the Ministry of Interior, foreign governments, and international organizations to enforce immigration laws. The legislative process is used to develop and implement policies, with executive action and stakeholder consultation crucial. However, despite the Ministry of the Interior’s efforts, the service is facing numerous challenges in enforcing immigration policies. The challenges as outlined include but are not limited to resource constraints, corruption, inconsistent policies, transnational Movement, the porous nature of the borders and the lack of public awareness on immigration policies.
Ghana’s immigration policy to a larger extent is influenced by local laws and international treaties it signatory to. For instance, international treaties like the ECOWAS protocol and AfCFTA treaty coupled with local acts like the Immigration Act 2000 (Act 573) and the Ghana Investment Promotion Centre (GIPC) Act 2013 (Act 865).
The inconsistency in immigration policies towards neighbouring countries raises questions about the idealism and realism of immigration policy enforcement and the politics behind it. Most policies are not enforceable and are passed for political reasons, as seen in Ghana giving it the idealism tag. Ideally, the ECOWAS Protocol allows ECOWAS nationals to freely move and trade in Ghana, but the reality is the Ghana Investment Promotion Centre Act 2013 among others makes this unrealistic. Corruption and exploitation at borders, coupled with the porous nature of borders to neighbouring countries, have led to the use of unapproved routes for ECOWAS nationals instead of the ideal use of approved entry. This shows a clear dichotomy between the ideal situation and the reality, hence the term idealism and realism.
Ghana’s immigration enforcement challenges can be addressed by investing in the Ghana Immigration Service, educating the public, and implementing comprehensive immigration reform. This includes strengthening border security, anti-corruption campaigns, capacity training, legislative changes, and international collaboration. The service can improve its capacity to monitor and control migration through resources like personnel, training, and technology. Public awareness about immigration laws can create a culture of compliance, while comprehensive immigration reform can address gaps in existing laws. Increased border security measures, anti-corruption initiatives, training programs for immigration service personnel, legal reforms, and international cooperation can also enhance enforcement.
Author: Owusu Eric | A student of Lancaster University, U.K.
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