DIPLODESK / index

635th Meeting, 42nd Session, Committee on Migrant Workers (CMW)

Consideration of Ghana (cont'd)

Concluded · 3h 6m 6 languages

Description

The Committee on the Protection of the Rights of All Migrant Workers and Members of their Families (CMW) is the body of independent experts that works to protect the rights of the millions of migrant workers around the world.

Migrant workers and their families often experience marginalization, xenophobia, and poor living and working conditions. In serious cases, they suffer exploitation, expulsion, and risk to life. The Committee monitors how States are implementing the Convention and protecting the human rights of migrants.

Full transcript en transcript

Distinguished members of the Committee, distinguished members of the delegation of the Republic of Ghana.
Ladies and gentlemen, I call to order the 635th meeting of the Committee on the Protection of the Rights of all Migrant Workers and Members of their Families.
The Committee will proceed with the Agenda Item 7, consideration of reports by state parties under Article 73 of the Convention.
This morning, we will continue in public dialogue with the consideration of the second periodic report of Republic of Ghana.
Before I give the floor to His Excellency, Dr.
Abdul-Rashid Hassan Pelpuo, Minister for Labor, Jobs and Employment, and head of delegation of the Republic of Ghana to this constructive dialogue, I would like to ask whether the country's rapporteurs or Committee members would like to ask any additional questions or you will wait until...
Excellency, I hope you had a good rest.
Yes.
And I would now give the floor to His Excellency, Dr.
Abdul-Rashid Hassan Pelpuo And his team members to respond to the questions raised yesterday by the Committee.
And after your presentations, the Rapporteurs and other members may continue the discussion, and we will follow the same process that we followed yesterday.
You have the floor, Excellency.
Thank you very much and good morning to all of us.
Yesterday was a wonderful day.
We had a great conversation, and I do hope that what we presented yesterday was up to the tacks.
This morning, we've been looking at the rest of the questions that were posed, and we've gotten to a point when we can now respond to them fully.
And the first area of response will be the migration policy and legal framework within which we operate and how it turns out in Ghana.
So I'll call on the Attorney General Department to rather from I'll call them (Mauli), yes, to respond to it.
All right, so thank you very much, Mr.
Chair Honorable Minister.
So on the migration policy, Ghana developed the national migration policy in 2020 and has been implemented and also there is also an MMU framework to support that.
So it is implemented across various sectors, and we are looking forward to also have a legal framework to give back into the policy.
And I refer to my colleague to Adam.
Thank you very much, Honorable Minister, Mr.
Chair.
Thank you, senior colleague.
So on migration and legal framework, as he rightly said, is a cross cutting and multi sectorial issue, and therefore is distributed across institutions, labor, interior, foreign affairs, gender, as well as the planning bodies.
This fragmentation actually requires a strong coordination to be able to have that governance as we want it.
And as we mentioned yesterday, the NCM that was established in 2020 is served as a transitional platform to address these coordination gaps also in preparation for a consolidated and rights based framework because right now in Ghana, our policies are under review, both the migration policy as well as the labor migration policy.
We are trying as much as possible to mainstream this in national development plans.
That is the medium term development plans so that all the institutions work plans are adapted accordingly.
And additional measures that are planned for reforms.
That is for the migration policy and national labor migration policy include validation that absorbs also the GCM principles and strengthening of the TWGs the technical working groups under the NCM.
Thank you.
Are you? Yes, sir.
Then what about the M&E migration system? So as May rightly said, as part of all our policies are M&E frameworks developed and there are clear indicators developed and that includes the number of migrants in and out, recruitment, compliance, inspection cases, remittance flows, trafficking, and all the aspects that are covered or included in migration governance.
So there is that framework that is included in the policy as part of the implementation plan of the policy.
Thank you, sir.
Okay.
So is that data related to the migration data.
Thank you very much.
Presently, as migration is multi sectoral budgets and resources.
If you can combine the two or you can get somebody else to work on that.
Okay.
Um, Presently, migration is a multi sectoral thing that is done across various ministries and departments.
Um.
Each of the operators within that space has data on migration.
But going forward, what Ghana is trying to do is to develop the Ghana labor market information system, which will be a centralized point where all migration data will be captured.
This is the effort government is put in to ensure that in future, migration data can be fetched from a centralized point.
On the issue of the budget, I defer that to the ministry.
What you're saying it is clear is that you can put it this.
Is that presently, because of the transition between the manual data collection, and the electronic system which we are putting in place in the name of the labor market information system, we are beginning to gather more accurate data using the labor market information system where all organizations, private and public are registering the vacancies that are available, and job seekers are now getting involved in registering.
And so we can gather data out of it at the end of the day.
Honor Minister, exactly so.
It is a common platform that the government is providing for all forms of job seekers to be able to access so that at the end of the day, you'll be able to at least have an omnibus picture of what is happening in terms of labor market information, whether the person is a migrant, whatever skills they have, and wherever they are working, you'll be able to have that information from that platform.
And for now, as you said, various institutions have collected labor market information, and it is sitting with them.
But with this platform coming on board, it is expected that all of these things will now be integrated and then they will be within the centralized body, which will be sitting with the Ministry of Labor, Jobs and employment.
Interest here is in how many people do we have data of unemployed people and we have data of people who are getting involved in seeking jobs in the labor market system.
Because at the beginning of the year 2024, 2025, there were about 3 million people who were either not satisfied with their jobs or unemployed.
And that amounted to about 15% of 14 point something almost 15% of people who were looking for jobs.
And but the real figure of people who were unemployed was less than 10%.
So do we now have in 2025, do we now have at the beginning of 2026, do we now have a concrete number that we can share? I think Honorable Minister, as we said, the nation depends on the Ghana gas service data, and I think that is a reliable source of data that we are depending on to inform policy.
The Solicitor General will bring some issues out.
Thank you very much, Honorable Chair and Minister.
A question was asked yesterday on what is the methodology for migration data collection.
In Ghana, we don't have a centralized one.
However, migration data is collected through a hybrid national system, combining administrative records and statistical service.
Administrative data sources include Ghana Immigration Service, entry and exit flows, Labor Department, that is Labor Migration Records, Ministry of Foreign Affairs, that is Consular and diaspora data, Ghana Refugee Board, triage, Ghana Police Anti Human Trafficking Units, NAmore that is the National Disaster Management Organization, and the Bank of Ghana involving remittances.
These are complemented by national statistical instruments such as Sensors and Labor Force surveys led by the Ghana Statistical Service.
Efforts are underway.
Honorable chair.
For these datasets going to be harmonized and progressively integrated into the Garner Statistical data Bank.
And this will enable us to standardize and comparable and also collect these data in real time.
Thank you.
Thank you very much.
Inclusive of everything she has said is also what you were saying about the Gunna labor market information system, but real data is coming from the areas she has just mentioned.
Now, the civil society participation in the migration program.
What we can say is that there is very high interest in civil society and partnership, development partners participation in this endeavor.
I will request ETA to respond to that.
Thank you, Honorable Minister.
Thank you, Honorable Chair.
Government efforts have always been complemented by CSOs.
Government believes in the use of triparized systems as well as tripare plays involving civil society organizations, academia, the media across the board.
Garner as a state, has also ensured that all the civil society organizations who have relevant mandates to protect children are called around the table to be able to express their interest in what government does.
And so we believe clearly that once civil society interest is expressed and governments as a state brings in their participation, it's a holistic approach that government adopts to ensure that everybody's participation is top note.
We are able to give the needed remedies that we require.
Honorable, if I have the permission once I'm on the floor, I want to discuss issues on rights of children in the context of migration, looking at children on the move, children in child labor and children in human trafficking.
One of the critical questions that were posed was that, yes, the committee actually endorses the efforts of what government of Ghana as a matter of through the Ministry of Labor, jobs and employment and the Child Labor Units on what has been done so far in terms of child labor and human trafficking.
Child labor and human trafficking, just as Garner admits, is one of the fundamental defect rights that children face.
Garner, as a state, has done a lot of policy interventions, programs to ensure that child labor becomes of the past.
We still admits that there are still gaps and issues, but there are concrete steps that have been taken.
The mention of the Garner accelerated action plan was mentioned, but more importantly, we're actually developing more robust policies and programs to be able to address the issue of child labor and human trafficking.
Let me take the issue of child labor first.
Ghana as a country has actually realized that child labor in terms of policies, programs, how then do we get to very robust policies to address the issue? One of the key things we have done as a country is to come up with what we call developing protocols and guidelines for establishing child labor free zones in Ghana.
We admit that projects and programs comes and they have time frames, and how do we sustain these policies and programs in place? As a matter of fact, we want to ensure that child labor elimination becomes the responsibility of district assemblies, particularly MMDAs as well, to be able to sustain the process.
How then do we empower communities themselves? We want systems and structures to be operational such that when children are at risk of child labor and human trafficking, these systems and structures can be able to respond to them.
Now let me go into the specifics.
What programs addresses risks faced by children in migration and children on the move as well.
Other programs have come to place because child labor and human trafficking is a multi sectorial program, government has always been in the forefront, but we have other development partners as well as NGOs who come into place to support government or complement government efforts.
Some of the key programs that have been brought on board to ensure that children on the move, children in migration areas, children in child labor and human trafficking are given the needed attention.
There's a program on migration Protection, return and integration Program and this is an EU funded program that is complemented by the international Organization for migration and this program in accordance with what government proposes and this program intends to provide returnees assistance at Ghanian airports as well as economic, social, and psychosocial integration processes to ensure that once they are back, they get the needed psychosocial support, economic support, social programs to be able to cushion them and reintegrate back into society and their communities very well.
The Ghana Refugee Board as well, also has a sole mandate to ensure that they grant asylum to these people who come in, particularly children and women who need that support to be able to ensure that we are working together.
This program is done in partnership with UNHCRO and it is used to manage refugee programs status and ensure that there's local integration and protection.
There is also an enhanced reintegration for survivors of trafficking.
This is an IOM based project that empowers victims of human trafficking with reintegration grants to start micro businesses and achieve economic security.
There's also a migration health assessment center in Accra that is operated by IOM, and it provides migrants and refugees with health assistance, immunization, and other health opportunities.
In terms of human trafficking, Very clear things have been done as a country in 2015, Garner passed the Human Trafficking Prohibition regulation which was passed to ensure that it is given legal barking to the Human Trafficking Act at 2005 at 560.
We also in 2016, Garner and Ivory Coast signed an agreement to establish a formal basis of cooperation between the two countries in the fight against cross border child trafficking and the worst forms of child labor.
But more specifically, what has the state done in terms of human trafficking? One of the key areas is to ensure that prosecutions at top mustize serves as deterrent to perpetrators of human trafficking.
And so the state has ensured that Attorney General's Department prosecutors receive robust human trafficking case dockets, review them faster, and monitor, and to ensure the prosecution of human cases becomes a priority to the state.
Also, we have ensured that we implement sustainable livelihood and income generating programs tailored to ensure that it is tailored to the local market, and then circumstances where victims of child labor to human trafficking and their children, particularly in their families are given the needed reintegration processes they require.
Again, we have developed a training manuel on victim care and as well as a child friendly and victim sensitive approach.
One of the key questions that also came about was that we have data on child sexual exploitation.
Yes.
The Department of Social Welfare has what we call the Social Welfare Information Management System.
This system is deployed across all districts and the national level to ensure that it is taking data on all forms of child protection or child abuse cases, including child sexual exploitation.
And when these officers take these cases, a lot of case management is done and the needed services is given to children who are affected by these issues and all that.
In terms of child friendly mechanisms that are in place, I'm happy to inform this committee that we have child friendly courts in Ghana that respond to children.
Moreover, when these cases come up, social welfare officers act as witnesses to these children such that they are able to get trust in our officers, be able to collaborate and engage with them so that they get that trust in them and be able to tell their story very well.
How do we report on child sexual exploitation cases, child labor cases, and human trafficking cases as well? We have call centers.
One is the U Report Center that was done in collaboration with UNICEF.
We have the child Orange Center sitting with the Ministry of Gender, Children and Social Protection, and these call centers, we have officers who have been trained to actually deal with children and more importantly, ensure that confidentiality becomes something that these children can actually vie for.
These are basically what we do.
Lastly, there's a question on rehabilitation and recovery measures as well as ensuring that there's trauma, well, trauma informed care.
Honorable minister and the Chair, I'm very happy to also inform that Garner believes that once a child is at risk or once a child is informed of any child protection issue or any child abuse case, we ensure that there's this intersectorial standard operating procedure that responds to children at risk and gives them the needed support and leverage to be able to respond to that child.
We believe that as social welfare officers as well as community development officers must be trained and given the needed services, and that has been done.
And the response that is given to these children in need of these children who are vulnerable is such that at every point in time, because we believe a child who is at risk of child trafficking, human trafficking.
It's also a child in need of healthcare, a child in need of educational services, a child in need of other social protection services.
These are interventions on the place, talking about general child protection issues in Ghana or comfort that is provided.
We have what we call the livelihood Empowerment Program against poverty that is championed by government.
We also have the free school feeding program.
We have the NHIS card where children have access to health care delivery, which is very free, and a lot of psychosocial counseling and processes that are given to these children on the And so I believe that with all these interventions on the ground door, there are gaps, particularly in terms of enforcement.
I'm happy to inform the House that last year alone, we had prosecutions of 58 in Ghana for perpetrators of human trafficking, and that is a very giant boost for us as a country, and we believe that once we work together in harmony with all partners on the ground, we'll be able to fight the mans of human trafficking, child labor and children on the move involved in migration issues.
Thank you.
Right.
We can now go to look at fair recruitment and return and registration of Ghanians who get back to Ghana after working somewhere and made to return to Ghana.
I understand I know that the this German organization, what was the name? G.
G Isa has been working very closely with us to deal with issues of reintegration of Ghanians who have voluntarily returned to Ghana to get integrated and to get working.
If you can address that for us, yes.
Honorable Minister.
Honorable Chair.
Rightly said by Honorable Minister, Garner promotes fair and ethical recruitment through a combination of legal regulation, institutional oversight, and international cooperation.
Key of those things are the regulation of private employment agencies because in the recruitment business, you would have private sector participating actively and the regulation is under the legislative instrument, LI 13 83, by the Labor Department, and the Labor Department is also under the Ministry of Labor Jobs and Employment.
These regulatory measures actually include licensing requirements of PEs, these private employment agencies, also the monitoring of their recruitment activities, and there's compliance, there's inspections, and then also ES contract attestation.
Recently, we have developed a standard operating procedure for these private employment agencies as well as a code of conduct for their activities.
We also strongly aligned to recruitment guidelines with international fair recruitment principles that ensures transparency, and then there are also efforts to prohibit recruitment fees.
That poses a huge risk in the recruitment business.
Actually, recruitment fees will be the start of the whole abuse and things that migrant workers might find themselves in.
This will help them from exploitation as well as trafficking.
So even in 2025, Garner developed a fair recruitment model road map through the Project FAR three, the Ireland Integrated program on fair recruitment.
That phase was the third phase 2020-2020, 2022 to 2025.
And this flagship initiative was supported by the Swiss Development Cooperation and then the German Development Cooperation and other partners.
Thank you, sir.
I think Chief would want to add up to the issue of fair recruitment.
You have said it all except to add that because government takes fair recruitment very important, the honorable minister is the chair of the fair recruitment committee at the ILO and we are taking all steps to ensure that recruitment is as fair as it's supposed to be.
Like you said, the issue of fee charging, it's one thing that our law itself frowns upon, and we are taking steps to ensure that licensed recruitment agencies only operate within the space and they do not charge fees.
They only do what we call the employer pays principle approach to fair recruitment.
We are doing this to ensure that they do not unnecessarily burden migrant workers into slavery.
I think that we are on course within our laws and also in practice and in partnership with our social partners, GIZ, IOM, and then ILO to ensure that the space is fair.
Thank you.
The bilateral labor agreements, we have signed a number of agreements with various countries.
We have made it mandatory for Ghanian labor to move to any country.
There must be some fair agreement between the two countries and that in signing so we take into consideration the legal principles that bind our labor force in Ghana.
And we insist that labor moving out of Ghana must be treated fairly, respectfully, and they would come back to Ghana at their own will, not by force and not also be compelled to work where they are.
We try to do this to monitor what is happening in the various countries.
In some cases, The Ganians we send out there begin to complain about unfair treatment, and in a particular instance, the agency that was responsible for taking them there had to be withdrawn from our list, and we insist that all agencies who are also carrying Ganians out to go and work outside the country must also sign a memorandum of understanding with the ministry.
After we have signed a bilateral agreement with the appropriate countries where they are going.
This is to ensure that when Ghanians leave the shores of Ghana, they are not treated in a manner that is unacceptable within the principles of our labor agreements and the legal framework that binds workers in this country in our country.
So it is very important for us.
And so we have signed agreement with various countries such as Qatar and Mauritius.
Germany, we have Barbados and Grenada and several other countries.
There are about 12 now countries we have signed agreements with, and we are held by the agreements we signed, and we insist that everything operates within the agreements we have signed with various countries.
Now, work permits and labor attaches, and Our work permits agreements are signed by the Immigration Service, but we endorse it once they are signed and you have the right to work, the right is upheld and nobody takes away that right.
Will you want to address that? Thank you, Honorable Chair.
And with respect to work permit, this is under the Office of the Ghana Immigration Service.
But as we speak now, there have been a lot of permit issued by this institution.
But the actual number as of now is not available, and we pray that in the subsequent reports, we will provide that full data to this vulnerable house.
And with respect to the labor attaches, currently, we are using our consulates and the missions and abroad to monitor the activities of the migrant workers who leaves Garnet to work in other countries.
And in the event that they have any issue, and plans are being put in place that any migrant worker who's leaving the shores of Gara to work in other countries must first report to the consular order mission so that the person will be registered to know the location of where he or she is going to work.
In the event there is any monitoring, then they can locate the person.
Thank you, Chair.
And quick one to add about the budgets.
I think we have it provided in our second report that we submitted to this vulnerable House and also the data on the number of children who have been trafficked and sexually abused.
Everything is provided in the second report that was submitted by Garner to this vulnerable House.
Thank you, Chair.
Just to add to what he said, the assurance is also that immigrants, persons who migrate into our country, they also have the safety net they are provided for within the law, the Labor Act, the Constitution, and all other laws which at least guarantee the rights of workers without discrimination.
Just this what I wanted to add.
Well now look at the labor attach and ratification of conventions.
May.
Thank you, and thank you, Chair.
So on the issue of the ratification of conventions, Governor has taken steps to ratify some of the critical IO conventions, that the fundamental and governors conventions as well as the technical ones.
The conventions that the committee noted, which are pending are due to the nature of antaritism have Garner.
So we cannot ratify a conventions when the triar and partners do not agree to something.
So we may have a situation where government will want to ratify, but the social partners, employers or labor may not agree.
So government will not proceed.
Even though we have to build a consensus, we are also guided by another IO convention, which is the Tripartite and consultation convention, Convention number 144, which compels government workers and organized labor to always agree to build a consensus and ratify those conventions.
However, in terms of effort, we have made steps to ratify the violence and harassment and Convention number 190 We've also taken steps to also ratify a convention number 155 on occupational Amin safety and health, as well as the promotional AI framework for OSH, which is a convention 187.
So these are conventions that align with our constitution, our laws.
Because in the structure of the ILO we are not supposed to vary the pros of the conventions.
So it requires us that government and its partners agree on what to work for the country.
And in conventions, we are guided by our contents.
So we look at our tu.
There was an issue of the database and how we also implement the conventions, how we domesticate them, and some of these things guide the position of stakeholders on whether Ghana can ratify this convention now.
But it's also important to let the committee know that even though we've not ratified some of the conventions, majority of the provisions of the conventions feature in our national laws and policies.
So in the case of Convention 122 on employment and policy, we have not ratified the convention.
However, Ghana do have a national employment policy which was launched by our current president at the time and the data Chan of LO at the time.
And it has elapsed and there's a review ongoing.
And because the world of work is not stable, it changes its dynamic.
So the current policy we have is a new review to find to reflect the future of changes in the climate change, as well as the direction of for the youth want.
And so even though we've not ratified the convention, we are guided by its provisions in shaping our national policies and laws.
So there's a bit of mission.
Thank you, Jack.
With respect to Convention 155, even though Ghana government has not ratified SIM by the obligation of the ILO Constitution, since the fundamental convention, we are obliged to follow it dictates, even though not ratify.
In view of the Ghana government in collaboration with ILO has gone ahead to even establish national occupational health and safety profile, which has been validated and operationalized.
So we are also working hard within the OSH bill, and when it is passed, it will enable us to ratify all conversion with respect to OSH within IU sector.
Thank you very much.
You have.
Thank you, chair.
Intervention concerning the ratification of conventions and also the issue of the fact that we are dealing with migrant workers.
We also have a number of migrant workers who are also into the space of I mean domestic work, so they assist in domestic work.
So even though there has a convention for domestic convention, which is convention number is nine, which has not ratified, they're going ahead to domesticate same through the promulgation of an ally, which is the domestic workers regulation.
And because that space is characterized by armed vulnerabilities, so the social partners agree to have an enactment that protect people who are recorded that space, which also include migrant workers.
So even though Ghana has not ratified the conventional nine, we have gone ahead to domestic case by enacting an L, which is the Labor domestic work regulations number 2408.
I also thought it was to draw the attention of the committee.
Thank you.
Okay.
So it's an issue about unionization and the legal aid available in our country, in Ghana, I'll call on the Attorney General to respond to that.
Thank you very much, Honorable Minister and honorable chairperson.
A question was asked yesterday.
The question is, are migrant workers in Ghana allowed to form unions or engage in trade union activities? And simply put, yes, the Labor Act of Ghana does not prohibit migrant workers lawfully employed in Ghana from participating in the formation of trade unions, provided that the relevant legal requirements governing the registration and operation of trade unions are satisfied.
In practice, migrant workers are generally represented through existing sectoral and national trade unions operating within Ghana.
The right to freedom of association is guaranteed under Article 21 of the 1992 Constitution of Ghana and is further protected under the Labor Act 2003 Act 651.
Ghana has also ratified the relevant ILO conventions relating to freedom of association and collective bargaining, including ILO Convention number 87 on Freedom of Association and Protection of the right to organize and ILO Convention number 98 on the right to organize and collective bargaining.
Under the Labor Act, workers have the right to form or join trade unions of their choice for the promotion and protection of the economic and social interests.
Migrant workers who are lawfully employed in Ghana may therefore join existing trade unions, participate in union activities, and benefit from collective bargaining arrangements in accordance with applicable laws and regulations.
Trade unions in Ghana represent workers across a range of sectors, including agriculture, construction, manufacturing, mining, transport, and services, sectors in which migrant workers may also be employed.
Through these unions, migrant workers may seek protection of their labor rights, improved working conditions, and access to grievances, and dispute resolution mechanisms.
The government of Ghana remains committed to ensuring that all workers, including migrant workers, enjoy their labor rights without discrimination and have access to mechanisms for the protection and promotion of their rights.
Thank you, sir.
Thank you so much.
Is your answer inclusive of the lessons learned in the Anaba I'll now move on to we were asked to Yes.
Yesterday, a question came up asking us to elaborate on the legal aid system and also an issue on victim protection and social welfare support for migrant workers.
So I will take that together.
Thank you.
Gans Legal Aid Commission established under the Legal Aid Commission Act 2018, Act 977 provides free legal representation, legal advice, mediation, alternative dispute resolution, and paralegal services to indigent and vulnerable persons, including eligible migrant workers and members of their families.
In 2023, the Commission received 4,580 court cases involving 1,370 and resolving only 370.
And handle 7,934 ADR cases, that is alternative dispute resolution cases, of which 4,260 were successfully resolved.
In 2023, again, the commission also established a Public Defenders division to provide criminal defense service to persons unable to afford legal representation, including foreign nationals and migrants.
Migrant workers May access legal remedies through the Legal Aid Commission in matters relating to labor disputes, unpaid wages, trafficking, exploitation, discrimination, detention, and family related issues.
However, I'm sorry, my computer just went off.
However, challenges remain, thank you.
However, challenges remain including limited resources, shortages of legal aid lawyers, public defenders, and inadequate coverage in some parts of the country, especially in rural areas.
In addition, Ghana has established a range of victim protection and social welfare mechanisms for migrant workers and members of their families who become victims of trafficking, exploitation, abuse or other forms of vulnerability.
These services are provided through the Department of Social Welfare, the Human Trafficking Secretariat, the Legal Aid Commissioners have ST, and other relevant institutions.
Available support includes rescue, temporary shelter, psychosocial counseling, medical referrals, legal assistance, family tracing, and reunification, as well as rehabilitation and reintegration services.
The human trafficking Secretariat coordinate national efforts to identify and support victims of trafficking, while the Department of Social Welfare provides case management, counseling, and reintegration support, and assistance in accessing justice.
Ghana also operates a government supporter shelter for victims of trafficking and continues to strengthen victim support services through collaboration with international and regional partners.
Migrant workers may further seek redress through the Labor Department, as we have already heard, the National Labor Commission, the Commission on Human Rights and Administrative Justice, the Legal Aid Commission, as well as the courts.
The government of Ghana continues to strengthen institutional capacity and coordination to improve access to justice and protection for migrant workers and their families.
Honorable Minister, thank you.
I'll now quickly move on to lessons that we learned from the delay in filing reports.
And the question is what lessons has Garner learned from the delay in submitting its report under the convention.
Garner acknowledges that the delay in the submission of its reports highlighted the need for stronger institutional coordination, more systematic follow up on treaty reporting obligations, and earlier engagement among relevant stakeholders.
One key lesson learned is the importance of establishing permanent structures for reporting and follow up rather than relying on ad hoc enragement.
Fortunately, Ghana has established a national mechanism for reporting and follow up under the Office of the Attorney General and Ministry of Justice to coordinate reporting obligations and monitor the implementation of recommendation arising from the International Human Rights mechanisms.
The reporting process also underscores the need for greater institutional memory Continuous capacity building of focal persons within ministry, departments and agencies, and improved coordination among stakeholders responsible for providing information for treaty bodies.
Garner has further recognized the importance of streamlining treaty reporting into the regular work programs of relevant institutions and ensuring that reporting obligations are addressed on an ongoing basis rather than when reports become due.
The government remains committed to applying these lessons to strengthen compliance within its reporting obligations and to ensure the more timely preparation and submission of future reports under the Convention and other international human rights instruments.
Thank you.
Thank you so much.
It looks like we've covered enough of everything that had questions that had been asked us, except if there are any issues that we have overlooked, we can bring it up.
Yes.
Thank you very much, Chair and Honorable Minister.
I would like to address the issue of the formalization regarding the migrant and workers.
Basically, in Ghana our economy is largely informal and as a result, we have about 2/90 percent of workers in the informal sector, whereas we have the remaining 10% informal sector.
This also reflects the composition of the migrant workers in that sector.
So in terms of the sectorial distribution, we have on average about 80 to 90% of migrant workers in the informal sector, while the remaining are in the informal one.
As we described where they belong in terms of agriculture, the way and the trade.
I also wish to emphasize that whilst we recognize that our economy is largely informal, government is taking steps to also unformalize SIM and also reducing the levels of huge aminist deficit.
And our approach is also driven by the tripareid where we have government workers, which include the migrant workers also involved, as well as the employers on the best approach to aformalize our economy.
And so, Garner, we have a model we are going with, and the model are based on the pillars of aminformization, which is seeking to ensure that we identify the people we want to aformalize.
So once we identify them, we know where they are.
And once we know where they are, we use Amator technology, AI tools to ensure that we capture them in our national AI database, and we also integrate them in the financial system.
And so that form the pillar we have for formalization.
And we know that formalization is an event.
It's a process that will take time, and so it will not happen once, so there's also a principle that guides that and that principle, therefore, so that is to engage them at all levels, review the measures we've taken, After we've engaged them, we will also regulate their patients, incentivize them, and provide support.
So under the principles, we have set arrangements we are undertaking to ensure that we transition the businesses and the workers well and the informer pay to the former under this pillars and the last bit is to integrate the ILO pillar, which is a decent work and program, where they have access to ensure that whatever they do, there's a bit of productivity, they can employ more people, and also their rights at work are also guaranteed so they can join unions of their choice.
They can have access to employee bargaining with the employers, and social protection, where their pensions, Social Security Pil also guaranteed.
And lastly, the most important of the polarity is the social dialogue.
Without social dialogue, the foration conversation will not begin.
So government is approaching the process through this angle, and that also covers migrant workers.
Thank you.
Yeah.
I want to get back to the Attorney General to discuss the issue of Ghanian voters abroad, whether they have the opportunity to vote, whether Ghana has implemented the law that allows people Ghanians who are living outside the country to be able to vote.
Thank you.
Honorable Minister and Honorable Chair.
The question was, why will overseas voting for Ghanians abroad be implemented? Thank you.
The government of Ghana remains committed to the implementation of the representation of the People Amendment Act 22,006 at 699, commonly referred to as RUPA.
The Act was enacted to give effect to Article 42 of the Constitution of Ghana, we guarantee every Ghanian citizen of 18 years and above and of sound mind the right to vote and be registered as a voter.
ROPA extends to the right to vote eligible Ghanian citizens residing outside the country and reflect Ghana's commitment to ensuring the participation of each diaspora in democratic governance.
The implementation of the Act falls within the constitutional mandate of the Electoral Commission of Ghana, which is responsible for the conduct and supervision of public elections and referenda.
The government of Ghana recognizes the importance of operationalizing overseas voting.
However, implementation involves complex legal, operational, logistical, financial, and technological considerations, including the establishment of a voter registration mechanisms abroad.
Verification and identification procedures, determination of voting modalities, security and integrity safeguards, counting and transmission of results.
And the allocation of the necessary financial and administrative resources.
The Electoral Commission continues to engage relevant stakeholders and assess the practical requirements for implementation, and it is ongoing.
These consultations include consideration of best practices from other jurisdictions, the role of governors diplomatic missions abroad, and measures to ensure that any overseas voting system is credible, secure, transparent, and accessible.
While the government is not in a position to provide a definite timeline for the implementation at this stage, it remains committed to working with the Electoral Commission and other stakeholders to create the conditions necessary for the effective realization of the voting rights of Ghanians residing abroad and in accordance with the Constitution and with RPAC.
Thank you, Honorable chair.
Right.
Mr.
Chairman, I think we've gotten to the point where we have to get back to you to announce that these are the areas we have responded to in the questions posed yesterday.
If there are any more issues that we need to attend to, we would be happy to do so right now.
Thank you.
Thank you, Honorable Minister, and for your team for your presentations in continuation of our constructive dialogue with you.
And now I offer the floor to two rapporters Madam Sabrinaga and Shan Una, followed by other members who may want to seek further clarification to enhance our constructive dialogue.
Madam Ga, you have the floor.
Thank you, Chair for giving me the floor.
Ladies and gentlemen, Honorable Excellency, good morning.
Mr.
Chair, before we proceed with the second day of this constructive dialogue, I would like to express my sincere appreciation to the distinguished delegation of Ghana, led by the honorable Minister of labor, jobs, and employment for the spirit of openness, cooperative cooperation, and engagement demonstrated during yesterday's and this morning discussions.
I would like to commend the delegation for the quality of its responses and for the wealth of information.
Including statistical and factual data provided to the committee.
The Frank transparent and substantive exchanges have enabled us to gain a deeper understanding of the progress achieved by Ghana in implementing the convention, as well as the challenges that remain in ensuring the effective protection of the rights of migrant workers and members of their families.
I wish to particularly acknowledge the leadership of the honorable Minister, whose coordination of the delegation has greatly facilitated our dialogue, the manner in which you, Honorable, distributed the floor among the members of the delegation, drawing on expertise of the various ministries and institutions and departments represented has reflected a commendable whole of government approach to migration governance.
This has allowed the committee to benefit from details, technical, and complimentary responses, while also demonstrating the strong of interinstitutional cooperation that exists within the state party.
I look forward to continuing our discussions today in the same spirit of mutual respect, transparency, and constructive engagement that characterize yesterday's and this morning dialogue.
I want to begin with the first issue and the first cluster of questions concerning the training and dissemination of the convention.
The committee welcomed the effort undertaken by the state party to strengthen the capacities of labor inspectors, border officials, counselor personnel, members of judiciary and other public official involved in migration governance.
The committee considers such initiative essential for ensuring the effective implementation of the convention and for promoting a right based approach to migration management.
The committee notes the information provided in the report regarding various training and capacity boiling activities.
However, it would appreciate receiving further information on the practical impact of this initiative and the extent of which they contribute to increasing awareness of the rights guaranteed under the Convention among both public officials and migrant workers themselves and their families.
In this regard, could the distinguished delegation elaborate on the measures taken to ensure that migrant workers and the members of their families are adequately informed of their rights under the convention before departure, during their stay abroad and upon return to Ghana? The committee would also welcome information on awareness raising campaign, pre departure orientation programs, and reintegration services, designed to inform migrants about available protection mechanisms and remedies.
Furthermore, could the delegation clarify whether the convention or information relating to the rights it guarantees has been translated, adopted, or disseminated in local languages in order to ensure b accessibility among migrant workers, member of their families and local communities? The committee would also appreciate further information regarding the training provided to counselor, personnel, and other frontline officials.
In particular, could the delegation indicate whether these training programs systematically incorporate human rights standards, gender sensitive apportions, and child sensitive procedures, including with regards to the identification and protection of vulnerable migrants, victims of trafficking, women, migrants, worker facing exploitations or violence.
Could you also give us more information concerning the training linked with unaccompanied and separated children and children behind by migrating parents? Finally, could the delegation provide information on the frequency, geographical coverage and evaluation of these training programs, as well as any mechanism established to assess their effectiveness and their contribution to improving the protection of migrant workers and members of their families in practice? The second point and the second questions concern the participation of civil society.
I think you gave us some details and clarification concerning the collaboration of the government with the civil society, but I want to raise more details and more informations.
And so the committee welcomes the efforts undertaken by the state party to promote collaboration with civil society organizations in the field of migration governance.
In particular, the committee notes with appreciation initiative aimed at strengthening dialogue between public authorities, civil society organizations, development partners, and other stakeholders involved in migration management and border governance.
I further welcome the organization of the round table and two days workshop of the role of civil society organization and border security management under the straightening Border Security in Ghana Project and implementation in collaboration with the Ghana Integrity Initiative, the participation of a broad range of stakeholders including civil society organizations, policymakers, development partners, media representative and migration practitioners reflects a positive commitment to inclusive and participatory migration governance.
The committee considers the meaningful participation of civil society organization, migrant associations, trade unions, academia and community based organizations to be an essential component of the effective implementation of the convention.
In this regard, could the distinguished delegation elaborate on the role played by civil society organization in the preparation of the state party's second periodic report and indicate whether structures and institutionalized consultation mechanisms exist to ensure this regular participation in migration related policy making and implementation processes? The committee would also appreciate further information on the mechanism through which migrant associations and migrant led organizations are represented and consulted in discussions relating to migration policies, labor migration governance, and the protection of migrant workers a member of their families.
Furthermore, could the delegation provide information on how recommendations and concerns raised by civil society organizations are incorporated into national migration policies, programs, and legislative reforms.
The committee would also welcome clarification on whether civil society organizations participates in the work of national coordination mechanism on migration and thematic working groups and how their contribution are reflected in decision making processes.
Finally, could the delegation elaborate on any mistaking to strengthen the capacity of civil society organizations working on migrations, human rights, trafficking in persons, labor migrations, migration, and migrant protection, including through partnership with international and regional organization? Cluster of questions concern the residence permit and naturalization.
The committee notes from the state party's report that humanitarian resident permits may be granted in order to preserve family unity.
In this regard, could the distinguished delegation provide further information on the practical application of this miser, including the criteria used for granting such permits, the number of beneficiary during the reporting period, and whether these permits are available to spouses, partners in equivalent relationships and dependent children of migrant workers? I would like to return briefly to the issue of nationality and citizenship.
Yesterday, the delegation provided valuable information, including statistical data regarding voluntary returns and application of Ganan citizenship, which the committee greatly appreciates.
In this regard, could the distinguished delegation provide further information on the procedures governing access to Ganan citizenship? In particular, I would be interested in learning more about the different pathways through which citizenship may be acquired, including by naturalization, registration, this or other applicable mechanism.
Could the delegation also elaborate on the accessibility of these procedures for different categories of applicants, including long term residents, migrant workers, and member of their families? Furthermore, what are the average processing times for citizenship application and are these mechanisms in place to ensure transparency, accessibility, and timely decisions? Could the delegation provide also information on the number of applications received, approved, and rejected during the reporting period, as well as the main challenges applicants encounter with seeking to acquire Ghanian citizenship? The other cluster concern the questions on its expulsions and the principle of non refolment.
I would like to return to the issue raised yesterday by my colleague, Madame *****, concerning the arrangement concluded between Ghana and the United States regarding the transfer of third country nationals from the West African region.
During the dialogue, the delegation informed the committee that a case relating to this matter is currently pending before the Supreme Court of Ghana.
I would be grateful if the delegation could provide further clarification of the nature of these proceedings.
In particular, could you indicate whether the action before the Supreme Court was initiated by an individual applicant or by a civil society organization acting in the public interest? Could you also elaborate on the specific allegations raised before the court, including the rights that are allegated to have been violated? I would also appreciate further clarification regarding the agreement of concluded between Ghana and United States concerning the reception of third country nationals deported from the United States.
Could the delegation kindly inform the committee whether this arrangement was submitted to Parliament for approval or ratification in accordance with the relevant constitutional procedures.
If not, could you explain the government's position regarding the legal status of the arrangement and the reasons why parliamentary approval was considered unnecessary? In addition, could the delegation provide information on the safeguard that were put in place to ensure compliance with the principle of non refoment particularly in case involving individuals who reportedly benefited from international protection claims or who allegated a risk of persecution, torture, or other serious human rights violation in their countries of origin? Could you give us more information about the profile of returnees and the reintegration programs available to returnees? I would also welcome clarification on the procedures applied upon arrival of these individuals in Ghana, including access to legal assistance, interpretation services, judicial review, asylum procedures where applicable, and any individual assessment undertaking prior to their onward transfer or removal.
I would also appreciate the delegation views on the implementation of this arrangement for Ghana's regional commitment and its leadership's role in migration governance with West Africa.
As the AS delegation has highlighted this dialogue yesterday, Ghana has consistently promoted regional integration, free movement of persons, and rights based migration governance within the Equias framework.
Ghana also played an important role in the recent validation of the ECS labor migration strategy and action plan in Accra and continues to position itself as a champion of safe, orderly and irregular migration in the region.
In this context, could the delegation elaborate how the agreement concluded with the United States is reconciled with Ghana's obligations under the ECOS Protocol on free movement of persons, residences, and establishment, particularly with regard to the principles of free movement, protection of community citizens, due process guarantees and protection against arbitrary expulsions? Furthermore, has the government undertaken any assessment of the potential impact of this arrangement and the regional migration, governance, regional solidarity, and mutual trust among EQ' member states? Were consultation held with equias institutions or states whose nationals were transferred to Ghana under this arrangement? And finally, could the delegation explain how it ensures that such arrangements remain fully consistent with Ghana's border commitment to human rights based migration governors, regional integration, international protection standards, and the principle of non refoment? I submit, Chair.
I thank you in advance.
Thank you, Sabrina miss San Unger, you have the floor.
Thank you, Chair.
Good morning again.
Well, in appreciation for what your government achieved so far, Your Excellency, for the protection of the rights of all workers and their families.
I want to touch some additional fields that are significant, in my opinion.
First of all, this is part of your report is in your report actually, Social Security, do you think that migrant workers, particularly migrant women concentrated in informal sectors have limited access to social protection system? And if so, does your government intend to take some measures to eradicate or to resolve those constraints? And the second issue is gaps in medical care.
Do you think that there are gaps in medical care for migrant workers and members of their families access to medical care, especially in the rural areas.
The second point is birth registration of migrant children.
As far as I can well take from different sources of information, there are capacity constraints in civil registration and identity management systems that cause limitations in access to identity documentation, which is a very significant problem for migrant children, especially for the migrant families, abroad, also in other countries, we meet with such problems frequently in other states parties actually.
The third point is education.
Well, do you think that there are also problems for full inclusion of migrant children into the national education system? If there are problems, then how can they be resolved, especially maybe not in Accra, but in rural areas? Does your government take measures for the eradication of these constraints? The fourth and the last point that I have to raise is informal recruitment channels.
Are there any measures to strengthen the regulation and monitoring of informal recruitment channels by your government to avoid exploitation of migrant workers in irregular situation especially? Well, my distinguished colleague, Sabrina Khash has already touched the problem of the deportation of third country nationals from the United States that was already raised yesterday.
Well, there are not much in number, maybe 60, all in all, but it can be a problem.
For the government and especially for those people that are in this situation after being deported, they may be also sent back to their own countries where they encounter some some possibly human rights violations in their home countries.
Well, I thank you so much for this constructive dialogue that is, in my opinion, and my colleagues will vindicate it.
I think this will be a further step forward for the for the improvement of your government's attempts, struggles to maintain human rights for migrant workers and members of their families.
So I just stop here and thank you again for your attention.
Thank you, Shan.
I have in my list, Mr.
Khaled Babaka and Mr.
Maria, Mr.
Khaled Baba, you have the float.
Thank you very much, Chairman.
I wanted to thank the delegation of Ghana for the answers that they have provided so far.
I do have a couple of questions that haven't yet seen a full response, I think.
Particularly, I had asked about labor inspections.
I'd asked how many labor inspections you conduct, where they take place across the country, how much of the country you cover with the labor inspections, and whether the inspectors, because they are tasked with implementing regulations, particularly to make sure that they take care of the vulnerable population, do they have a particular status ensuring their independence, their financial independence? So as to make sure they can be impartial.
I hadn't heard any answers on that, so I would be grateful if I could hear from the Ghanian delegation on that topic.
I had also asked a question about the relationship between well, I heard today from your answers that labor permits are delivered from the migration structure, the body in charge of migration, and these permits are normally issued by employment services.
I see that in Ghana, it's the migration office that actually issues those permits.
I'd like to know the relationship between the validity of the permit and residency.
Good morning.
When the permit expires, does that then have an impact on people's right to remain or their residence permit that migrants may have? There was a question I asked yesterday that I did get some way of response to on ratification of ILO conventions.
I've noted that there are disagreements amongst social partners, which is a hindrance to ratification of these instruments for you and that some of the provisions are problematic.
Honestly, I mean, I'm struggling a little bit with that because ratification generally is done through a draft bill that is then decided upon by the state.
It's not usually social partners that are involved at that level when it comes to ratification of international conventions.
I've noted down here that national texts have already taken into account the thrust of the content of these conventions and the bulk of the content.
I haven't really understood the problems that you have, particularly with the National Legal Arsenal because it does already contain the bulk of the content of these conventions.
I'd really like some further clarification on that, please, to better understand what the actual problems are, which were raised earlier with social partners and also on the problematic provisions for these conventions.
And last question, if I may.
As part of one of the responses to the questions asked by a colleague on statistics and follow up, And what happens to those who are found guilty of trafficking and exploitation rather of children, the perpetrators of child exploitation? I heard that you mentioned that there were proceedings underway.
Could the delegation please provide us with figures and statistics on proceedings that are underway for alleged perpetrators? Have there been any convictions and so on.
Thank you, Jack.
Thank you, Mr.
Babaka.
I now give the floor to Mr.
Mamani Omaria.
Thank you, Chairman.
I'd also like to thank the minister and the entire delegation of Ghana for this interactive dialogue.
The answers that you've provided have been very useful.
I wanted to just come back to a few issues.
I had voiced a concern yesterday on return of migrants at a certain time in your history.
I had wanted to see what legislative measures or other measures you have in place that would avoid that return given that our convention is against refument.
We were talking about the du Solis, an individual who is there and who would like to have citizenship, makes a request, makes an application.
And my question was already raised by miss Gar.
It was whether the proceedings in place, whether the procedures that you have enable a migrant worker who is born in Ghana or the child of a migrant worker, can they acquire nationality? Can the delegation just provide us with statistics on those cases, children of migrant workers born in Ghana and acquisition of citizenship? Now, I I don't know whether there's been an answer on the commission.
I think it's the Commission of Justice that you have in Ghana, Commission on Administrative justice if memory serves, I think that's what it was called.
I don't know whether that commission still exists and if it's still as active as I knew it to be, what's its status? Does it play an important role? When it comes to protection for migrant workers today in Ghana.
And is it aware of the agreements that have been signed between Ghana and the United States regarding returnees, those have been returned from the United States to Ghana.
I had also raised the issue of brain.
I'm not going to talk about brain drain.
I mean, that is the reality, you can't prevent it.
But Garner has an awful lot of competent competent people in the universities, in your medical sector, in very many spaces of society.
I think that the government should perhaps put in place mechanisms to retain people, whether you're talking about capitalizing and making the most of the skills these people have acquired, the qualifications these people have acquired, and really making the most of them so that they can serve.
For example, in teaching programs, universities, Not just an individual will to say, Well, I might come for this part of the year and give this course, but something more consistent, something more monitored, something more general.
In medicine, our countries in the South, we sometimes benefit from campaigns that are rolled out by countries in the north in specific areas like medicine, cardiac medicine or others, that they come along and they're good for cooperation with doctors in public health centers, for example, and to help provide support to the population.
Do you have such programs Like we've seen, are they invisible so as to really better make the most of the skills and knowledge that people have acquired in your country? Now, let me conclude on the point about the agreement with the United States and return or hosting, welcoming migrants, particularly those who do not have the nationality of Ghana.
What specific measures have been taken to protect their rights? They've come from the US, Maybe they don't speak English or maybe they don't know any African languages or maybe they don't know any languages from the region.
Are there any specific measures that you've taken to protect their rights under that agreement? Once again, I very much want to thank the delegation of Ghana for having come to Pali Wilson today to have this interactive dialogue with us, which I think is proven very fruitful.
Thank you, chair.
Thank you, Omar.
I give the floor to Mr.
Edgar Sousa.
Thank you very much, Indeed, Chairperson.
This is the first time that I have taken the floor with the delegation of Ghana.
I very much wanted to thank them, first of all, for being here with us, for having come to participate in this constructive dialogue.
This is the best way that the system has come up with to have a dialogue to improve the situation of migrants in this particular case and migrant workers.
I'm very struck by the fact that at the beginning of this speech by the head of delegation, he mentioned the fact that you know that you have challenges, you know that there are areas where you can improve and you're open to doing so.
For us, that's really important.
That's really valuable to hear.
We're really grateful that we have the Minister of Labor with us.
This is a really clear sign that you've sent such a high delegation to this discussion.
Those who are responsible for taking decisions within a government, they need to have that awareness to see what impact their actions have on people in the country.
We're really grateful to you for being here with us today and yesterday.
Our time is relative.
I know that I Sometimes reports are submitted late.
Time is, as I say, relative.
The treaty body world imposes dates.
But I think if they're not met, then you can make up for that time and that can be compensated with goodwill and the will to make change.
I think that lessons learned from the report that was presented late.
I think that can be made up four with the will to act.
Let me make a few comments and questions.
The country rapporteur, Madame Gha mentioned various things, and one of them, I noted down, I'd just like to repeat what has been civil society's participation in drafting the State's report.
As I was listening yesterday and today, you emphasized civil society heavily.
You mentioned the number of times that civil society participates.
Reading the state party report to be frank, I can't see the input of civil society.
This is a state report.
It would be important if you could tell us whether you had meetings with the civil society, what parts of the report they took most interest in so that we can understand that they effectively participated.
They can, of course, participate in other ways, but what we are seeking is to have a joint effort because this contributes a lot of information and this first concern raised by the country rapporteur is an important one.
The second thing.
Something that was pointed out by my committee colleague, Baba.
The ILO conventions that have not been ratified can still be applied in laws by their content.
But then what is the reason for not signing the convention if the content is already there in the laws and it's being applied.
It would just be a formality then to sign.
You state in the report, Paragraph 163, you say that while the convention has not been entirely implemented in the country, through a dedicated law.
This means that there needs to be a law to ensure that the International Convention enters into force in the country.
Now, you're saying that despite the fact that there isn't this law, some of the provisions of the convention are being applied and you point to the right to work to labor law, to trafficking issues and certain other situations.
Thérèse drew my attention, if the convention being binding needs to be implemented through a law and that hasn't been done and yet still it's being applied, then But that implies it doesn't need a law.
These are situations on which we would like to have further explanation.
The first just to recap, my colleague, Mr.
Baba had pointed out that although the ILO conventions haven't been ratified, there are laws which apparently contain their content.
You're saying that the convention has not been implemented fully through a dedicated law and yet the conventions content is already being implemented.
We have a paradox here.
Why in that case? Why not adopt the law for the convention or ratify the ILO conventions so that everything is formally in place.
Another question.
Relates to what my colleague, Mr.
Omar raised, namely the National Human Rights Commission, its classification and issues of administrative justice.
Now, under the Paris principles, it has the highest status, namely a strong capacity, autonomy, independence, and yet, The Human Rights Commission's latest report in 2019 under the Sub Commission on accreditation.
The Human Rights Commission of your state was asked to ensure that explicit mandates via reform to ensure that there were explicit mandates so that there could be proper interaction with the regional and international human rights systems.
And my question here.
Did I The Human Rights Commission has directed but the Accreditation Commission specifically asked for this action.
What is behind that? And also, we hear that the Commission, despite the bureau established in 2023, with the support by the OIM, it has seen reductions, financial budget cuts.
Including late transmission of the budget.
Now, if that is the case and if that is affecting the work of the Human Rights Commission, then what does the state plan to do in order that the commission can be strengthened because this has the highest a status, which implies autonomy, independence, and an adequate budget, and it needs to have that budget.
Then another question that came to mind.
Affects the constructive dialogues held within the system.
And this was this year in February with the committee on the right the child and last year, I didn't find information regarding any constructive dialogue with any treaty body.
But Looking at the dialogue in February this year with the CRC, what I noticed was that in the concluding observations of the committee to Ghana, an issue was raised where It is there's recognition of the efforts made to take in asylum seekers and refugees from Burkina Faso affected by this health crisis and yet the CRC, and we also echo this concern which was raised by the CRC in February, there is information about expulsion of those children from Burkina Faso.
They may have been admitted, but there have also been expulsions of children from Burkina Faso.
Another question On the immigration law, this allows for detention without minimum age.
Persons may be detained regardless of age, and the CRC's concern was that children could be detained therefore, which runs counter to all of the relevant principles.
It's a very serious concern raised by the CRC and we echo that on this occasion.
Finally, and this is something separate.
The constructive dialogue, we at the beginning, openness and willingness to learn.
Taking account of taking advantage of taking this opportunity of the labor ministers presence, I want to ask.
This is almost a personal question.
Your experience and your vision as labor minister.
In terms of what can be done for labor to regularize migrants, I'm convinced that work is the best possible measure to regularize people in the migration context because that puts an end to the myth that they're a burden, they don't pay taxes, they're criminals, they don't help the country's development.
All of these issues can also be addressed from the labor point of view.
In looking at regularization, it can be done through labor.
My question to the labor Minister, what is your vision, your opinion, your feeling regarding this, not just for Ghana, but the issue of migration that is affecting the African continent and the rest of the world and the concerns globally in that connection, thank you.
Thank you, Edgar.
I now give the floor to Mr.
Irmar Preiser.
Many thanks, Mr.
Chair.
I also join my colleagues in extending a very heartfelt welcome to the delegation from Ghana.
It is a pleasure to have you here and thank you for engaging in this dialogue with us.
It's much appreciated.
I'm only taking the floor today, but as they say, better late than ever.
And I have a very specific question to ask.
I know that you've been very diligent, taking questions, preparing and responding to them, so I don't want to add extra burden, but just one issue that I had in mind and I want to mention is this that most of the time migrants end up working in the private sector.
That is also mainly because public sector has a lot of restrictions when it comes to employment of non nationals or non residents.
And so when it comes to employment in the private sector, at the end of the day, it's these private employers, businesses that end up enforcing international and domestic standards on migrant workers as well as domestic workers for that matter.
And so in this context, I'm wondering what practices do you have in collaborating with a private sector and ensuring that employers follow the law, follow international benchmarks on migrant workers, and generally use them also as part of this feedback loop to gain information about what's happening.
In the private sector employment, but also to get a sense of the issues that the employers facing complying with the law, but also at the same time also ensuring that they actually do end up complying with it.
That's the issue that I had in mind.
Thank you again for your attention.
Very much look forward to hearing from you.
Thank you.
Thank you, A.
I give the floor to miss Mirel Constance Legba Adnan.
Thank you, Chairperson.
In turn, I congratulate delegation of Ghana on this constructive dialogue that we have been holding, and I have two questions.
What measures are being implemented to ensure the employability of young Ghanaians in addition to promoting social inclusion and economic inclusion? Not my de.
Okay.
Supporting work and strengthening migrations with competence and development and connecting that also with migration.
Yesterday, the chairperson asks what protection was provided to migrant workers in the cocoa plantations.
I have a separate question.
What tangible measures are being implemented to combat child labor in cocoa plantations in Ghana.
I thank you.
Thank you, Mirela Mr.
Francisco Caron Mio.
Thank you, Chairperson.
I would simply like to emphasize the richness of the information that we have been receiving, the readiness of the delegation to address the concerns that we have raised and the representative composition of the delegation, which represents many state entities, reflecting the state's commitment to fulfilling the convention.
So my statement seeks to emphasize the commitment of Ghana and commend its stance.
Now, there is a topic that I believe has somewhat been sidelined, namely corruption.
To what degree are there cases of corruption in the management of migrant workers and their families and what is the volume of this phenomenon which is always an issue that needs to be addressed.
This is always something that requires state action.
With that, it remains only for me to thank the delegation and commend its openness, its representative in nature and It's the interests of Ghana in this topic, thank you.
Thank you, Francisco.
Let me add two more comments.
Actually, it's follow up of what we have been talking about to seek further clarification because those two issues Sam good raised are challenging issues which confront almost every migrant work origin countries.
First is that you very where you are very clearly mentioned about the many agreements that you have with countries where Ghanian migrant workers work.
You listed countries.
I heard Qatar, I heard several countries.
Now, of course, you know that when such agreements are negotiated as a part of this convention, you need to mainstream rights based approach, and you have to use convention provisions as a basis.
But it's not always easy because other side, which is not part of the convention will not agree with that.
But that does not mean you should relent.
So you need for your interest to seek employment.
So ultimately, you compromise and agree on some agreement.
It is best to have some agreement, having no agreement.
I understand the compassions.
My question is, do your negotiating teams in such situations contain experts who have the knowledge about the rights of migrant workers and who will push the boundaries to the extent possible And if you haven't done, do you plan to do that and have an expert always in your negotiating team so that you will have a better deal for your own migrant workers? That's one question.
Second thing is in the same context.
Now, most of the female migrant workers from Ghana are reportedly working in Middle East and Gulf region.
And in that region, almost 80% of the migrant workers are females and mostly they are in domestic work.
And that's absolutely challenging.
I have worked in our embassy in Saudi Arabia in middle 80s, so I have hands on experience about challenges of what's happening in that region.
Now, currently, I think you have migrant workers in Lebanon as well now.
Currently, Lebanon is in crisis.
Whole region is crisis.
So you have your responsibilities added because you have to protect your migrant workers.
So my question is and then in some of those countries, they are victims of Kapala system.
I'm glad you have agreement with Qatar.
That means that means apala system is out in Qatar, which is very good.
Qatar is actually taking great initiatives.
So question is, what are the extra efforts you do to take care of these domestic workers in the Middle East and Gulf region? Do you in this crisis situation is now evolving, do you have any special initiatives you have taken? I'm sure, Minister, you may be having something in mind in this.
You may be under pressure from your own people.
So if you can comment on that, I'll be grateful.
But these are challenges not only your country face many countries that are countries of origin whose workers are in the Middle Eastern Gulf face the same challenges.
But if you do something good, that will be an example for others.
And then you should because the same issues that everybody face.
So Mr.
Minister, we have had the second round of questions as well.
We will break for about 15 minutes for you to collect your thoughts and come back and continue with the constructive dialogue.
You will also have the option of send it in writing within 24 hours so that any other information you want to collect after the meeting is over.
We have two ways.
One is that after we meet in 15 minutes, you can present for answers or you can send it in writing.
So we'll adjourn the meeting for 15 minutes.
All right.
Thank you very much.
I'm happy we are going to have a few minutes break.
I was actually overwhelmed by the questions, especially posed by the chief rapporteur.
And it's nearly gave me an impression that we've not done much.
So, Madam Gard, thank you for the many questions.
But and the rest of the rapporteurs, I mean, it has shown that they are listening and they are really up to the tasks.
We want to match up to the challenge posed to us.
Thank you very much.
I We resume the constructive dialogue with the Republic of Ghana, and I have the honor to give the floor to Honorable Minister and for his team to continuation of the dialogue.
Thank you very much.
We just have gone through the many questions that were posed.
They were very much reflective of the need for us to respond more closely to some of the questions already that were posed to us.
And we have looked at them and will want to present them right now.
First, about the As access to health care, the gaps that are that are existing and what we can do, what measures we can take.
And I'll call on Sandra to respond to that.
Thank you.
I'm glad to let the committee know that Ghana has actually made some important progress towards universal health coverage in Ghana and definitely there are some gaps here and there when it comes to migrant workers.
But recently in 2024, we even launched the non resident health insurance policy that covers migrant workers and migrants in general, who visit Ghana.
But some gaps that we can talk about, especially in the rural areas is the um low enrollment because usually for our citizens, we would actively participate or register ourselves in the national insurance scheme.
But it is also important to know that National Health Insurance scheme covers everybody in Ghana, but there is no participation by migrants and usually they may prefer to do an out of pocket payment, and that can be a major obstacle as well.
But for the coverage, it is a national health insurance, so it covers everywhere, whether rural or being in the urban areas.
I think that will be all from my side.
Thank you, Honorable.
Yes.
What is very clear is that healthcare in Ghana is very much available to everybody.
It doesn't matter whether you are a citizen or migrant.
Once you register with the health scheme, it's a health insurance scheme, you are covered, and children have free health cover, whether you are of Ghanian citizens or migrant, healthcare is free to all children below the age of 18 and people above the age of 70 and above healthcare is free for them.
Migrants are properly taken care of in this respect.
But a gap, as he says, is that they are not willing to many of them don't come forward to register.
Now, we also realize that despite the fact that we tried to respond to the Uganda US Agreement, it has still come out strongly as a question from two angles.
I'll call on G to respond to it.
Thank you very much, Honorable Minister and Honorable Chair.
The case in question is titled Thank you.
The case in question is titled Democracy Hub versus the Attorney General and Minister for Justice, and it is before the Supreme Court of Ghana.
Democracy Hub is a Ghanian nonprofit civil society and human rights organization, and therefore, the case is a public interest lawsuit.
The case currently before the Supreme Court of Ghana was filed by the plaintiff, as we indicated yesterday, that is democracy Hub challenging the legality unconstitutionality of the reported Ghana United States deportation arrangement concerning the reception and temporary detention of deported West African nationals in Ghana.
The principal issues raised before the court include whether the alleged memorandum of understanding between Ghana and the United States constitutes an international agreement within the meaning of Article 752 of the 1992 Constitution, whether the agreement required prior parliamentary ratification before implementation, whether the reported agreement Whether the reported detention and transfer arrangement violate constitutional guarantees of liberty, dignity, due process, and garnish international human rights obligations, including the principle of non reformment under International refugee and human rights law, whether the executive may lawfully implement such an arrangement without adequate parliamentary oversight, transparency, and legal safeguards.
Those are the issues before the Supreme Court.
With respect to parliamentary approval, the matter remains subjded before the Supreme Court.
However, the applicants contend that the agreement was not submitted to parliament for ratification.
As required under Article 752 of the Constitution.
Government officials have reportedly maintained that the agreement is an MOU rather than a treaty requiring ratification, and this is a reason why the matter is before the Supreme Court for determination.
The legal implications, the question was asked about the legal implications of the case are significant.
Should the Supreme Court determined that the arraignment amounts to an international agreement requiring parliamentary approval, any implication undertaken without ratification could be declared unconstitutional, null and void.
The case also raises broader constitutional questions regarding executive accountability, parliamentary oversight, transparency in migration governance and compliance with international human rights obligations.
Briefly, I want to answer this way.
Ghana respectfully states, the matter is currently before the Supreme Court of Ghana and therefore subject to judicial determination.
Ghana respects the independence of the judiciary and the constitutional review process.
Ghana remains committed to its obligations under the International Convention on the protection of the rights of all migrant workers and members of their families, as well as other applicable International Human Rights instruments.
Existing constitutional safeguards include judicial review by the Supreme Court, parliamentary oversight under Article 75, and the protection of fundamental human rights under Chapter five of the 1992 Constitution.
Any migration related cooperation agreements or arrangements undertaken by the state are expected to comply with constitutional requirements, due process guarantees, and international human rights standards, including humane treatment and access to legal protection for affected persons.
Thank you, T.
Well, thank you so much.
Let me jump to the issue of civil society involvement in the in my Grant workers in Ghana, the role they played and et cetera, so many issues were raised on that.
Can I ask two people to respond to that? First, with Maui and then second with Esther? So thank you, Mr.
Chair and thank you, Honorable Minister.
So regarding the CSO participation of, I mean, regarding the CSOs participation in issues confronting immigrant workers.
So whenever there are a policy dialogue, we share a perspective of the report, what is happening, what is not working, and we We actually take their feedback and want us transpire to shape our national policies and strategies.
So mostly in terms of the in terms of the inspections done by the labor beneficiary bodies, we also involve the CSOs in training the labor inspectors on what to look out for regarding the protection of migrant workers and their families.
So this is a brief and I'll defer to my colleagues.
Thank you, Honorable Minister.
And thank you, Chair.
Garner believes that the efforts of government, together with CSOs play a very crucial role in policy development as well as implementation of these policies.
Let me zoom down very specific on issues referring to children in child trafficking cases, as well as child labor cases and migrant children across.
I want to state on record that the Human Trafficking Secretariat has a Human Trafficking board and also a Human Refugee board that has CSOs ably represented on the board.
And decisions of the board that's largely steered affairs by the human trafficking Secretariat.
Also, it's involving CSOs who play a critical role in policy development as well as any policy direction government wants to go.
And so we want to state emphatically and on record that CSO's participation not only on children in migration of children in child labor, human trafficking, but government believes that CSOs play a crucial role in policy development and direction.
And for that matter, CSO's involvement in training, in policy dialogues, in social dialogue has always been crucial, and we've always taken the points in perspective to ensure that policy directions are given an implementation of these policies are top notch.
And so that is what I want to say in terms of CSO's involvement in terms of children and migration policy direction, human trafficking, and child labor as well.
There's a national steering committee on child labor, where CSOs are also seated around the table headed by the honorable Minister serves as a chair to that committee.
And we believe that CSOs there also contribute to the process and ensure that we are able to deliver on the policy documents we have and develop, as well as implementation of those policy documents.
Thank you.
Welcome.
You know, Yes.
In the area of CSU participation in guiding how migrant workers are treated, I think that to a large extent, in all our engagements, CSOs are always key and their inputs are always taken on board to guide what we do as a government and not that alone, I think in Ghana we have the Migrant Workers Union, which is also an affiliate of the Ghana Trade Union Congress.
In all matters relating to migrant workers, I think they are part and whatever their inputs are they find space within the bigger architecture of what government does.
Honorable Minister, I don't know if I could just take advantage of the space to talk about the labor inspection.
In the course of last year, I think the Labor Department was able to conduct 2,230 labor inspections across board and labor inspectors have also been given a lot of orientation on how they should handle migrant workers in the course of their inspections.
Additionally, on the matter of pre departure, In the regular situation, pre departure is always conducted for migrant workers who are recruited by licensed recruitment agencies and their rights in the course of transit to the destination country and the labor contracts that they sign onto.
It's always reviewed with them so that we are able to determine whether on their own voltion that they have signed onto the contract and whether they understood the contents of the contract.
So to a large extent, in the regular situation, Labor Department provides a well structured pre departure orientation for migrant workers.
Thank you, Mix.
All right.
Can we get back on to labor lawyer? I want us to discuss the nationality and citizenship of migrant workers and their children, the Yeah, discussed that.
They said there were some issues raised on that.
If you can tackle those issues as to how they can become citizens or whatever they can do and get the right to be in Ghana and be able to be recognized as working people, not just children, but migrants and children, of course, are part of them.
In another way.
Go on.
Unable Minister, before I even take that response, I want to ask that in doing pre departure orientation, it is done in the local language of the migrant workers so that they understand and appreciate what they are going to do.
And in the event that they get in the work is different, they reach out to the authorities in Ghaan and will contact the agent through whom they were actually escorted to that place.
So thank you.
On to become a Ghanian citizen, it comes under three categories.
One has to do with by birth or descendants.
Meaning that if you are given birth in Ghana and one of your parents happened to be a Ghanian, you can make an application to become a Ghanian citizen.
If your father and your mother are not any of your great grandfathers or even a Ghanian, you can still make an application to become a Guardian.
And in making an application, what is the requirement? You need to submit your birth certificate and birth certificate in Ghana is issued to every person in Ghana.
And it is no use birth certificate is not a document that makes you a Ghanian citizen.
It's just a document to show that you are given birth in Ghana.
Then you also have to provide maybe other documents like a valid foreign passport if you are yet to become a Ghanian citizen.
Then you can also provide more or less a DNA test if there is a dis whether indeed you have descendants in Ghana.
So we can use that to prove that as well.
So you also have another form of becoming a citizen in Ghana through maybe marriage When you are married to any of the Ganian citizens, you can also make an application to become a Ganan citizen, whether being a man or a woman opposite in other areas, so you can apply, and it also require the same requirement.
Then we also have true naturalization.
You can also natural and you don't have any of this none of your parents are descendants in Ga.
You're also not married to any Ghanian.
So you can also apply through naturalization, and it also require the same procedure that I mentioned earlier.
Now, when you look at the issue of naturalization, you need to also produce your resident permit or work permit issued by GIS, Ghana Immigration Service.
It form part of the requirement when you are naturalizing.
Then the issue of the children and now talk the colle will finish up about the restriction.
Yeah, when you look at the restoration of Birth and Death Act 2020 Act 1027, that regulate the restriction of children who were born in Ghana.
Actually make provision.
It is free within the very day the child was born up to 12 months.
It is free of charge.
The person doesn't pay anything.
So every child born 0-12 is free of charge that the offices of Department of Birth and Deaf go to the internal or the rural area to register this individual every quarter and submit the information to their central data whos at the Department of Birth and Deaf.
Now, we're also looking at the issue of late registration.
If you are registering after 12 months, Then you will be asked to pay a fee for that registration.
Then the details that one is required to provide include the name of your father, your mother, then the place of birth.
In fact, it will contain a lot of information.
And even if you are even a worker where you work in the residential or GPS address, then you have to provide all those things.
And then it also includes people who have even given birth have even lost the baby.
That baby has to also be registered as death.
So it also includes in our act.
Then I'll ask my colleague to proceed from here.
Thank you, Mr.
Chairman.
Inasmuch as birth registration is free in Ghana to all children, including migrant workers, let me be quick to say that, yes, we admit there are certain constraints that are faced by migrant nomadic population.
That is including administrative delays, documentation requirements, and other geographical barriers.
But government through the Gu Ghana Health Service has made birth registration now, particularly in the rural communities very, very accessible.
We have what we call the mobile registration vans that to within rural areas because having to access birth registration at cities where birth registration centers are not in rural communities poses as a great barrier to migrant workers, particularly.
Because of that challenge, that government of Ghana through the Ghana Health Service has ensured that these mobile registration vans are at the doorsteps of migrant workers to ensure We admit that this is not representative enough in terms of coverage, but government has taken steps to ensure that coverage is extended to other rural success that they are able to do that.
I can also vouch that in terms of mobile registration, government has partnered with UNICEF and other UN agencies.
Let me be quick to mention that over the years, one of the critical examples that we can give as the Liberian camp refugees who came into Ghana involving migrant children, we birth registration was given at a free platform so that they're able to track the health of these children and all.
Honorable, if I have the permission, I may want to tackle the issue of measures taken to combat child labor, particularly in cocoa plantations in Ghana.
I also want to state on record that in dealing with child labor cases or issues in Ghana, Ghana has adopted one specific approach, the area based approach.
Inasmuch as cocoa is the backbone and stay of a country, we are also admitting that any other child who is found in a cocoa plantation or any other child who is in fishing, in mining and any other sector, even though cocoa becomes the entry point, all children in child labor are given the needed services and supports they require.
Now to the specific measures that have been taken, Ghana as a member state of the IOA, again, has ratified other IO conventions which we are all aware, but more specifically led by the Ghana Cocoa Board, we have developed what we call unique identifier codes for cocoa farmers and their children.
This unique identifier code is to identify every cocoa farmer and the child such that we are able to trace and monitor these children who fall into cocoa farming and are engaged in child labor.
More specifically, Ghana as a country has taken other steps to ensure that we have clear indicators on child labor.
So we have developed what we call the national indicators of statistics on child labor.
And so Ghana has her own measurements.
We want to know exactly based on a hazardous activity framework, know our measurements and certain protocols that we've put in place in terms of indicators on child labor.
And so we are able to measure ourselves by these indicators, and that is what government led by the Ministry of Labor is asking all partners seated around the table dealing with child labor and cocoa to be able to use these indicators and report at the international level and within national parameters as well.
Again, we have also developed what we call the toolkit on human rights due diligence.
Looking at the EU due diligence processes that are going and protocols in place, Garner has developed a toolkit where we train all labor officers, including our GRE extension officers, to be able to deliver and understand what migrants, families and children go through.
And this tool kit has been rolled across the country, as well as to be able to monitor you, let labor officers and our GRE extension officers know what is happening in terms of labor violations and vulnerabilities these migrant workers face.
More critically, government has developed what we call the Garner child labor monitoring system.
The beauty of that system is that it is used to track and identify first children at risk of child labor, children in child labor who need supportive services.
The beauty is that, again, we are seeking to make this system interoperable with other private sector monitoring systems, particularly the cocoa sector.
And we believe that once this system is interoperable with the cocoa sector management systems, we are able to pick information from the cocoa sector and governments can now sit at the forefront and be able to ensure that there's implementation of policies targeted at cocoa children in cocoa farms as well as migrant children.
What has been established is that honorable and honorable minister, most children who work in the cocoa in the cocoa farms are not Ghanian children.
They are migrant children that we admit, but there are lots of interventions in place to ensure that these migrant children their rights are not trampled upon.
They are able to ensure how are they able to report? The Labor Department has a redress mechanism system that's a call center where labor officers or any other migrant workers can call in to ensure that whatever labor violations they go through, they are able to report.
Again, Ghana as an international community has raised a lot of awareness campaign.
I'm happy to inform this house that just last month, Ghana became a path fighter country.
And the path for that country means that we've accepted the fact that other countries can now come to Ghana, looking at the quantume of work we have done.
We want to join international markets to raise awareness on child labor.
Once Ghana has been adopted as an 8.7 country, that is a plus for us and that is the moment we want to take and be able to ensure that children, particularly in the cocoa sector are given the needed attention and awareness.
To end my conversation, I also want to state that specific interventions have been done.
Ghana and Cordivoir continues to be the largest producers of cocoa in the West African region.
And to be able to tackle child labor cases.
Obviously, poverty is the main root causes of how children are pushed into child labor issues, and to bring a lot of sanity within that sector, garnered together with ivy cost and I mean Coco partners and industry players, including the US Department of Labor, sat around the table to form what we call the Child Labor Cocoa Coordinating Group and they are targeted interventions looking at vulnerable children, including migrant workers in communities in Ghana and Ivory Coast, to be able to deliver such services.
One of the services looking at social protection, we are looking at birth registration, harmonization of systems, responding and monitoring to children, as well as looking at genuinely social protection interventions on the ground.
And I believe that with the interventions from government and all other cocoa sector players on board, I also believe strongly that the interventions on the ground are actually dealing with the root causes In the past, the interventions are getting largely at how we are able to deal with child labor cases.
But now the root causes empowering communities, livelihood support programs, letting communities actually own the sustainability process of eliminating child labor is standard top.
That is what we are terming through our child labor free zone approach.
I believe that this is one of the models we are inviting other countries to come to Ghana and emulate to be able to eliminate child labor in Ghana.
Thank you.
Think of this with how to regularize labor once they are there and they are not registered, they are not formal, how do we legalize them.
Also, let's tackle the aspects of education of these children in this whole scenario.
Yes Minister, thank you very much.
There was a question also about education constraints for migrant workers and children as well.
I want to also state that the Ghana Education Service and the Ministry of Education has what we call the bridge schools.
The bridge schools targets purposely migrant children and even Ganan children as well who have dropped out of school for one reason or the other and want to integrate back into society and be able to continue school.
These bridge schools are run by Gan Education Service and the Gha garner Ministry of Education as well as other private sector companies who want to support this process.
The bri schools as such though it is not it doesn't have wide coverage, at least, where these bri schools are operating, they are able to bring in migrant children, workers who are able to go to school, have access to schools, and they are free.
They are free.
There are no monetary implications to that.
And because of that, most migrant workers admitted into these schools and also given hands down skills to be able to develop and go into areas where they can actually participate.
Thank you.
Honorable, to regularize the I mean, the irregular migrants in Ghana, once you identify, you are directed to the property, especially to Ghana Immigration Service to regularize your stay and then also be issued your work permit.
So we don't take you out of the country or we don't force you to leave the country.
We'll show you the way how to regularize your stay and also to acquire your work permit through Ghana Immigration Service.
Thank you.
Well, the permit.
I think it was Mr.
Babaka who brought it up and we'll talk we'll talk about the the validity of the permit, the residency, whether they are all within the framework of recognition that you register and how, you know, you can you can admit to all that as as a migrant worker.
And whether you even have okay, the statistics, I will come to the Attorney general for it.
But the legality, if you can respond to that, validity of the permit, validity, maybe your residency, the permit, and how you can work as you're gone.
Honorable Chair, in terms of the validity of work permit is 12 months first and then subsequent 24 months and subject to renewal.
Any permit given to especially both resident and then the work permit, they are all subject to renewal.
Until the migrant worker decided to leave the country, he has the liberty to renew when it expired.
Even if it expires, he has not renew it doesn't take away the right of the migrant worker to continue to work.
You are only motivated to go back and then regularize your work permit.
Thank you, Mr.
Okay.
Issues raised also by Madam Sina, the chief Reeer has to do with whether we are aligned with the ECOWAS the agreements, or is there something within our own operations.
And yeah.
So is there something you can respond to.
I think that was space.
The question was linked to the US deportation and how that one aligns with our ECOWAS protocol responsibilities.
Maybe AJ can add to that.
The emphasis was on whether there was a parliamentary approval, and there has been an emphasis on that question.
The the issue came up in cabinets, cabinet decided that we should give approval by an executive order.
Because the issue was not to deport them and get them to stay in Ghana.
It was simply for them to pass through Ghana to the ecowas countries.
So there was no question of whether should we agree for them to be sent to Ghana.
But the question was, should we agree for Ghana to be a transit, which wasn't as serious as whether they should be left in Ghana.
So we gave an executive order for them to come through Ghana to their various countries since Ekowas had signed an agreement that people can pass through the country.
All citizens can pass through any other country to their countries.
So there was no question a major issue of decision making.
But after that, we presented the issue to parliament for debate, and it was largely endorsed that it wasn't such a serious matter.
Yeah.
Yes, Esther, please.
Permission, Mr.
Chair, there was also an issue about immigration law.
And there was a statement saying that last year this year in February, when Garner came to the CRC, there was issue about children being detained by immigration officers and but I want to state on record that yes, under Immigration Act 2000 573 The Ghana Immigration Service and under the Minister of the Interior holds the authority to detain individuals for further examination pending deportation or during repatration.
But in the case of children on the move of children migrants, Ghana has always after being the first country to sign the CRC, Ghana has always adopted what we called the welfare principle.
We have always operated in the best interests of the child, and that has been the hallmark of our immigration service and the principles for which we uphold child protection issues.
And so yes, children may be detained, but there are certain points where these children are detained.
One, if there's a need and an immigration officer doubt a person's right to enter Ghana, that person may be detained in custody pending the determination of the matter.
To any individual liable for deportation or ordered to be removed from Ghana may be arrested and detained for as long as is strictly necessary to arrange this departure, among other reasons.
But I also want to clarify that in cases where children are involved, there are stricter restrictions that are put in place and the best interests of the child is applied in terms of principle where these children are given child friendly services and other interviews to be able to grant the child, have that trust in the officer and be able to express thank you.
Let me get to the Attorney General to respond briefly to trafficking and statistics, as well as you deal with corruption.
There was an issue an issue of corruption which we responded to yesterday, but it looks like it's not clear if we can get back to that.
Thank you very much.
Thank you very much, Honorable Minister and Chair.
Briefly to respond to trafficking and the action that we take and the statistics.
Ghana criminalizes trafficking in persons under the Human Trafficking Act 2005 Act 694, and trafficking proceedings involving migrants are handled through coordinated action by the Ghana Police Service, Ghana Immigration Service, and the Office of the Attorney General.
We do also involve international organization like Interpol.
Victims identified in migration contests are referred for protection and support services, including shelter, medical care, counseling, and reintegration assistance.
Ghana seeks to ensure that victims of trafficking are treated primarily as victims requiring protection rather than offenders for immigration related infractions arising from their trafficking situation.
Investigations and prosecutions are undertaken before competent courts and Ghana continues to strengthen international cooperation, victim identification, mechanism, institutional capacity in combating trafficking in persons.
In terms of statistics on investigations, prosecutions, and convictions, the National Plan of Action for Elimination of Human Trafficking 2002 to 2006 guides national anti trafficking efforts, and they provide this data.
For investigations, prosecution and conviction, we have available data include substantial progress in 2023, 109 trafficking cases were investigated, 47 suspected traffickers were prosecuted, 19 traffickers were convicted.
For the period of 2023 to 2024, 382 trafficking cases were investigated, 79 prosecutions were initiated, 54 convictions were secured, sentences range 5-18 years imprisonment in serious cases.
Victim identification and protection.
In 2023, 944 trafficking victims were formally identified and referred for services.
505 victims were children, 123 were victims of sex trafficking, 821 were victims of labor trafficking.
Most victims were Ghanan nationals, while foreign victims originated mainly from Nigeria, Liberia, Civilian, and Vietnam.
Government agencies continue to cooperate and operate shelters and referral systems for victims in partnership with civil society organizations.
Thank you.
In respect of corruption, as I said yesterday, we do not have the data.
However, anytime a report is a complaint is lodged to whichever enforcement agency, action is quickly taken.
And if the matter is to be prosecuted, it is referred to the Office of the Attorney General, where the prosecution division duly prosecute and where conviction is secured, the people are accordingly sentenced according to law.
Thank you, Honorable Minister.
Thank you very much.
Let me make the last statements on this.
First of all, I heard Mr.
Edgar requesting my personal opinion on how to regularize labor whilst they are in Ghana operating.
I simply will say that the laws of the country are very important for anybody migrating into Ghana.
Just if you can respect the laws, take the laws into consideration, seek permission to have a stay in the country, seek permission to get permission to work in the country.
You can stay in the country as long as you want, and within five years, you can apply for citizenship, and you will be granted.
I have seen many, many Lebanese and many, many Turkish who have recently regularized to become citizens of Ghana, and it's not so difficult to do so.
We have also seen lots of people from the diaspora.
Ghana is very open and very favorably respond very favorable respond to people from the diaspora.
Coming from anywhere in the world, if you were seen to have been a slave, you were sent there because of slavery, and you decide to come into Ghana, becoming a citizen is very easy.
You come in, you are allowed to work, you are allowed to stay, and you can apply to become a citizen.
It's very, very straightforward.
So essentially, the first thing is to just recognize the law, respect the law, and work within it, and you'll be accepted and then regularize.
Thank you so much.
Thank you.
I'm sorry to have Ka, time is running out.
Interpreters have kindly agreed to give us five more minutes so we can quickly conclude the rest of the session.
Rapcha miss Sabrinaga you have a few minutes to kind of make concluding comments.
Thank you for the floor.
Allow me, first of all, to mention that migration has long been an integral part of Ghana's history and development.
As economic opportunities expanded, particularly since 1980s, mobility increased, reinforcing Ghana's role as a country of origin, transit, destination, and return for migrants.
The committee recognized the significant effort undertaken by state party to strengthen migration governance promote regional integration and improve the protection of migrant workers and members of their families.
The dialogue has highlighted Ghana's commitment to addressing complex migration challenges, including irregular and irregular migration, return, and reintegration, and the protection of migrant and their families in vulnerable situations.
I would like to express my sincere appreciation to the distinguished delegation led by the Honorable Minister for labor, jobs, and employment, for the openness, sincerity, and the constructive spirits demonstrated throughout this dialogue.
The committee greatly valued the candid acknowledgment of both achievements, and challenges, as well as the quality, clarity, and richness of the information and statistical data provided yesterday and today.
The effective coordination of the delegation and the contribution of its members allowed for a substantive and informative exchange.
The committee remains encouraged by Ghana's commitment to democratic governance, human rights, and regional cooperation.
While important progress have been achieved, continued effort will be needed to further strengthen the implementation of the convention and ensure that migration policies and practices remain firmly grounded in a human rights based approach.
I thank you.
Thank you, Sabrina.
That concludes our consideration of the second periodic report of the Republic of Ghana.
I want to thank Rapporteur and members for their constructive comments.
Honorable Minister, would you like to make final comments? You have a few minutes.
Thank you very much, Distinguished chairperson and honorable members of the committee.
Your Excellency, ladies and gentlemen, as you conclude the consideration of Ghana's second periodic report under the International Convention on the Protection of the rights of all migrant workers and members of their families, permit me on behalf of the government and the people of the Republic of Ghana to express our sincere appreciation to the chairperson and members of the committee for the constructive and candid and highly valuable dialogue we had we've had over the past two days We are grateful for the insightful observations, thoughtful questions, and recommendations shared by members of the committee throughout this review process.
This dialogue has provided Garner with a unique opportunity not only to present the progress achieved since our last review, but also to reflect on areas where additional efforts are required to further strengthen the protection of migrant workers and members of their families.
Distinguished chairperson, throughout our engagement, Garner has reaffirmed its unwavering commitment to the convention and the fundamental principles of human dignity equality, non discrimination, and respect for human rights that underpin SIM.
We have highlighted the measures undertaken to strengthen migration governance through policy reforms, institutional coordination, bilateral cooperation, labor migration management, frameworks, and initiatives aimed at protecting vulnerable migrant workers.
We have also outlined ongoing efforts to combat trafficking in persons, prevent labor exploitation, strengthen access to justice, improve migration data systems, and enhance cooperation among relevant state institutions and stakeholders.
Similarly, Ghana fully recognizes that labor migration governance remains an evolving and a complex policy area requiring continuous improvement, sustained investment, and strong international cooperation.
We have listened carefully to the concerns and recommendations raised by the committee, including issues relating to data management, social protection, detention conditions, anti discrimination measures, institutional coordination, and the continued strengthening of legal and policy frameworks.
We received these observations in a constructive spirit and view them as valuable contributions towards our ongoing national efforts to strengthen migration governance and human rights inspections.
Distinguished members, Ghana remains committed to working closely with parliament, the judiciary, independent constitutional bodies, development partners, civil society organizations, migrant communities, and other relevant institutions to address identified gaps and further strengthen implementation efforts.
Labor migration continues to play an important role in Ghana's development agenda.
Ghana migrant workers make invaluable contributions to economies across the world through their skills, entrepreneurship, labor remeter sciences.
Likewise, migrants living in Ghana continue to contribute significantly to our economic development, cultural diversity, and national life.
For this reason, Ghana family believes that labor migration, governance must remain anchored in human dignity, shared responsibility, international cooperation, and development of the mutual countries.
As we conclude this view, Ganry affirms the steadfast commitment to the convention and to the promotion and protection of the rights of all migrant workers and members of their families.
We look forward to receiving the committee's concluding observations and remain committed to continued engagements and cooperation with the committee in the implementation of his recommendations.
Once again, I convey my heartfelt gratitude to the chairperson who has distinguished himself in this process and also distinguished members of the committee who have shown a lot of interest and commitment in the questions they pose for the professionalism, the courtesy, and the spirit of partnership that have characterized this engagement.
Ghana remains ready to work with the committee and all partners in advancing migration governance that is humane, rights based, development oriented, and responsive to the realities of our time.
Thank you all very much.
Thank you, Honorable Honorable Minister and distinguished experts of the delegation.
We have had a very good dialogue and our dialogue, as well as our concluding observations will be designed towards our common objective of promoting and consolidating the rights of migrant workers on the ground and those who are in every situation.
So we have and it is a way that you involved in this is a manifestation of honorable minister, your special commitment and the experts dedication to make it happen.
So this committee is very willing to encourage and participate in that process.
I I want to thank the interpreters for giving us extra time because I think we have this time went far ahead.
And I want to wish honorable Minister and his delegation who came from across safe travels.
Thank you very much for coming here and we look forward to re periodic report next time.
Thank you.
Thank you.
Thank you.
Meetings adjured.

Machine-generated · not human-reviewed · verify against the official record before citing or relying on this transcript

Session Summary Auto generated from session transcript

Synthesis hasn't been generated for this session yet.

The summarize pipeline runs after the English transcript is available.

Machine-generated · not human-reviewed · verify against the official record before citing or relying on this summary