The Republic of Ghana (Ghana) is signatory to the 1951 Convention Relating to the Status of Refugees, which provides the internationally recognised definition of a refugee and outlines the legal protection, rights, and assistance a refugee is entitled to receive. And the 1967 Protocol Relating to the Status of Refugees, which expanded the Convention to apply universally and protect all persons fleeing conflict and persecution. However, Ghana has made reservations upon accession to the 1967 Protocol in so far as “the Government of Ghana does not consider itself bound by Article IV of the 1967 Protocol regarding the settlement of disputes.”

Ghana has not acceded to the 1954 Convention Relating to the Status of Stateless Persons, which establishes a framework for the international protection of stateless persons or the 1961 Convention on the Reduction of Statelessness, which sets rules for the conferral and non-withdrawal of citizenship to prevent cases of statelessness from arising.

In addition to these international protection frameworks, Ghana also acceded to the 1969 Convention Governing the Specific Aspects of Refugee Problems in Africa (OAU Convention), which is binding convention on member states that have ratified it providing a comprehensive framework on refugee protection in Africa.

Ghana is also signatory to, but has not yet ratified, the African Union Convention for the Protection and Assistance of Internally Displaced Persons in Africa (also referred to as the Kampala Convention). 

Furthermore, Ghana has ratified several international legal instruments that also relate to treatment of refugees, including the:

• International Covenant on Civil and Political Rights (ICCPR), which sets out protections for a wide range of human rights, including freedom from torture and other cruel, degrading or inhuman punishment, fair trial rights, equality, and non-discrimination. 
• International Covenant on Economic, Social and Cultural Rights (ICESCR), which ensures the enjoyment of economic, social, and cultural rights to education, fair and just working conditions, adequate standards of living, social security, and the highest attainable standard of health. 
• Convention on the Rights of the Child (CRC), which protects children’s rights and obliges public bodies to consider children’s best interests. 
• Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW), which sets out provisions to ensure women’s full enjoyment of human rights on an equal basis with men. 
• International Convention on the Elimination of All Forms of Racial Discrimination (ICERD), which obliges signatory states to take action to eliminate all forms of racial discrimination.
• Convention on the Rights of Persons with Disabilities (CRPD), which seeks to eliminate disability discrimination and safeguard the rights of disabled people. 
• International Convention on the Protection of the Rights of All Migrant Workers and Members of their Families (CMW), which sets standards for national laws and procedures to protect migrant workers’ rights. 
• Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (CAT), which requires signatories to take effective measures to prevent, protect against and remedy acts of torture.

Ghana has signed, but not ratified the International Convention for the Protection of All Persons from Enforced Disappearance (ICED), which combats enforced disappearance. 

In addition to its obligations under the aforementioned international instruments, Ghana is obligated to respect the international customary legal principle of non-refoulement, which prohibits any country from deporting any person to a country where they face the threat of persecution.

The national legal framework for the protection of refugees in Ghana is governed by the Ghana Refugee Law of 1992 (PNDCL 305D), adopted on 30 December 1992 by Ghana’s Provisional National Defence Council. The Refugee Law 1992 came into force on 27 August 1993. 

This law reflects the obligations enshrined in the 1951 Convention (including its 1967 Protocol Relating to the Status of Refugees) and in the 1969 Convention Governing the Specific Aspects of Refugee Problems in Africa. Notably, Section 26 of the Refugee Law 1992 stipulates that: 

“refugee” means a person who 

(A) falls within the definition provided in – 

(I) Article 1 of the 1951 United Nations Convention set out in Part I of the Schedule to this Law;, or 

(Ii) Article 1 of the 1967 Protocol Relating to the Status of Refugee, set out in Part II of the Schedule to this Law or

(Iii) Article 1 of the 1969 Organisation of African Unity  Convention Governing the Specific Aspects of Refugee Problems in Africa set out in Part III of the Schedule to this Law or
(B) belongs to a class of persons declared as refugees by the P.N.D.C.” 

Sections 4 and 5 of the Refugee Law 1992 further establish the functions of the Ghana Refugee Board (GRB), which generally manages Ghana’s refugee programme. Its main functions are to register, assess and adjudicate asylum applications at first instance, to ensure the provision of adequate facilities, to provide advice and services for the reception and support of refugees in Ghana, and to assist refugees in seeking employment and/or education, including for refugee children. 

The GRB is also responsible for conducting the refugee status determination (RSD), a vital process which enables asylum-seekers and refugees to seek and enjoy international protection in Ghana. The RSD process involves interviews and assessments that are being prepared by eligibility officers. The GRB then makes the final determination on claims. In May 2020, the GRB (together with the help of UNHCR) introduced virtual RSD procedures to ensure the continuation of asylum processes during the Covid pandemic. Since then, asylum seekers are generally given two options to attend RSD interviews: (i) in-person at a GRB office or (ii) remotely (i.e., virtually via Teams/Zoom). 

The Refugee Law 1992 sets out the rights and duties of refugees in Ghana. Notably, Section 1 of the Refugee Law transposes the universally-binding legal custom of non-refoulement, stipulating that refugees shall not be refused entry into Ghana, expelled or extradited from Ghana, or returned to any country, if the person is compelled to return to or remain in a country where their life, physical integrity or freedom would be threatened on account of a number of reasons specified in the law. Further, according to Section 2, 

“a person claiming to be a refugee within the meaning of this Law, who illegally enters or is illegally present in Ghana shall not – 

(A) be declared a prohibited immigrant,

(B) be detained; or 

(C) be imprisoned or penalised in any other manner merely by reason of his illegal entry or presence pending the determination of its application for refugee status.” 

Section 11 further sets out that every person who has been granted refugee status shall be entitled to the rights and be subject to the duties specified in the 1951 Convention (including its 1967 Protocol) and in the 1969 OAU Convention; being issued with identity cards, residence permits, and UN travel documents where appropriate; and subject to all the laws in force in Ghana. 

In January 2025, the Government of Ghana announced to start granting prima facie refugee status to Burkinabé asylum seekers entering the country, meaning that Burkinabé individuals receive asylum as members of this recognised group rather than undergoing individual assessments. 

While not explicitly covering refugees, the fundamental rights and protections anchored in Ghana’s constitution (such as the inviolability of human dignity guaranteed by Article 15 para. 1 of the Ghanaian Constitution) apply to all persons, including refugees.      

For further information on the national legal framework in Ghana, please consult the following sources:

• Refugee Law 1992
• UNHCR Ghana Help Page
• Webpage of the Ministry of the Interior, providing information on the GRB