Ghana’s decision to accept West African deportees from the United States has put the country in uncharted territory. Eleven of the first 14 deportees sued Ghana’s government for human rights violations over what they say is unlawful detention.
Lawyers for the deportees have confirmed their clients have been “dumped” in neighboring Togo and are now required to fend for themselves, a move sparking more criticism for Ghana.
“The initial 14 were brought to Ghana on September 6. Three were deported that night. 11 were held in military detention. Out of that 11, 10 were deported with the matter in court, and eight of them are in Togo,” one of the lead lawyers for the deportees, Oliver Barker-Vormawor, told DW.
The country’s parliamentary minority has called for the deportee agreement to be suspended, saying it is unconstitutional, a threat to national security, and a departure from Ghana’s long-standing foreign policy principles.
In 2017, Ghana’s Supreme Court ruled that under Article 75 of the 1992 Constitution, international agreements creating binding obligations for Ghana require parliamentary ratification.
“The government’s conduct in operationalizing the agreement with the United States without parliamentary ratification is a direct constitutional violation,” Samuel Jinapor, a minority spokesperson said, accusing President John Mahama’s government of not respecting the rule of law.
Why is Ghana accepting US deportees?
Ghana says it is accepting US deportees not as an endorsement of President Donald Trump’s immigration policies but on humanitarian and pan-African grounds.
Foreign Minister Samuel Okudzeto Ablakwa told local media: “We didn’t agree to this because we agree with President Trump’s immigration policies. We are not doing the US a favor. We are doing our fellow Africans a favor. We want to position Ghana as that country which has always been the Mecca of Africa.”
The government says it is vetting all deportees before acceptance, indicating its strong disapproval for hardened and convicted criminals, persons associated with terrorism, and persons on Interpol wanted list.
Muhammad Dan Suleiman, founder of the Center for Alternative Politics and Security in West Africa, described Ghana’s decision to accepts deportees as “complex.”
“The move doesn’t make sense to me. Secondly, it raises more questions than answers. My first impression was the United States was outsourcing its problems to a country like Ghana,” he told DW.
Ghanaians question ‘problematic’ agreement
DW spoke to Accra-based citizens who find the agreement inconsistent — both in scope, and in accordance with Ghana’s constitution.
“However I think about this, I struggle to agree with the government’s position. They’ve said they did it on humanitarian and pan-African grounds and yet limited it to only West African nationals. That is not exactly pan-African, is it?” Manuel Koranteng told DW.
Another citizen, Abena Mante, told DW: “It [the agreement] does not speak well of government. It also undermines our democracy, and it undermines our laws. If government is able to side-step the provisions within the law, I do not see it as beneficial to us.”
Both critics, and the government, insist Ghana gains “nothing” from the agreement.
“Given the fact that the Foreign Minister says this wasn’t transactional, so the question is, what are we getting from this? I believe it puts undue pressure on the Ghanaian economy,” analyst Muhammad Dan Suleiman told DW.
However, in late September, Ghanaian Foreign Minister Okudzeto Ablakwa alluded to a development where the US would reverse visa restrictions on Ghanaians traveling there — which has been interpreted as part of a deal where Ghana would accept more deportees.
The minority group in Ghana’s parliament says the deportee agreement raises concerns about “sovereignty, security, and policy.”
Other critics argue the government’s decision breaches several international, continental and country-specific laws. These include: the United Nations’ 1951 Refugee Convention, the African Union’s Convention Governing the Specific Aspects of Refugee Problems in Africa, and Ghana’s own constitution.
“If Ghana continues, it means it is not ready to take a U-turn and listen to its citizens, because I believe a lot of Ghanaians are calling on the government to reconsider its position. Diplomatically, it may raise a lot of friction between Ghana and Nigeria, especially given that Nigeria has opted to reject these deportees,” Suleiman said.
In recent years, the United States and some European countries have tried to strike deals with African nations where irregular migrants are sent to third-party nations. Notable examples have included the United Kingdom’s attempts to deport migrants to Rwanda, and the Trump administration’s current efforts to deport unwanted people with migration backgrounds to Africa.
Human Rights Watch has called on African nations to reject “opaque” US deportee deals, which the group says sometimes involve millions of dollars in financial assistance, and violate global rights law. Analysts, including Suleiman, say that multilateral organizations like the UN, the African Union, and the Economic Community of West African States (ECOWAS), should provide more clarity and guidelines to member countries on how deportees from the US can be received or hosted.
Edited by Cai Nebe
