By Daniel Bampoe
The Commission on Human Rights and Administrative Justice (CHRAJ) has raised serious concerns about the human rights implications of Ghana’s ongoing crackdown on undocumented migrants.
The warning follows a recent operation by the Ghana Immigration Service (GIS) to detain and repatriate hundreds of undocumented foreigners in what the Commission describes as potentially “dehumanising” and “vulnerable” conditions.
In a statement signed by CHRAJ Commissioner Joseph Whittal on May 20, 2025, the Commission acknowledged the government’s responsibility to enforce immigration laws and maintain public order, but emphasized the need to align enforcement actions with both domestic constitutional guarantees and international human rights obligations.
Background: A Growing Migration Challenge
Ghana has in recent years become a transit and destination country for migrants from across West Africa and beyond, driven by economic opportunities and regional instability.
In response to the increasing number of undocumented migrants, particularly from neighboring countries, the GIS has launched several enforcement operations.
A recent report indicated that out of 2,241 migrants arrested for illegal entry or overstaying their permits, 925 have so far been repatriated.
While the government cites public security, health, and economic sustainability as reasons for these actions, human rights organizations have increasingly expressed concern over how the operations are being conducted.
Legal Obligations and Human Rights Principles
CHRAJ’s statement reminds the government that the 1992 Constitution of Ghana guarantees fundamental human rights to all persons within the country’s borders, regardless of legal status.
Moreover, Ghana is a signatory to several international treaties, including the International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families, and the ECOWAS Protocol on Free Movement of Persons.
“Ghana’s human rights obligations extend to all individuals, including undocumented migrants,” Whittal stressed.
“Respect for their dignity and safety must be paramount in any enforcement operation.”
The Commission also highlighted the principle of non-refoulement, a core concept in international refugee law, which prohibits countries from returning individuals to territories where they may face persecution, torture, or serious harm.
Ghana’s Commitments to Ethical Migration
As a champion country of the Global Compact for Safe, Orderly and Regular Migration (GCM) — a UN-backed framework — Ghana is bound by commitments to ensure that migration governance respects human rights and is carried out in a safe and ethical manner.
CHRAJ noted that this includes conducting individual risk assessments before deportation, especially in cases involving vulnerable groups.
Protecting Women and Children
Particularly troubling to CHRAJ is the lack of gender-sensitive protocols during enforcement.
The Commission urged the GIS to consider the disproportionate impact these operations have on women and children — a group that forms a significant part of the undocumented population.
“Operations must be gender responsive and prioritize the best interests of the child,” CHRAJ advised, pointing to the potential for trauma and long-term harm if such deportations are carried out without appropriate safeguards.
Path Forward: Cooperation Over Confrontation
In a broader recommendation, CHRAJ called for strengthened cooperation between Ghana and neighbouring countries to address the root causes of irregular migration.
Instead of relying heavily on detentions and deportations, the Commission proposed more sustainable interventions including regional dialogue, development programs, and legal migration pathways.
