Court Rules that Liberians May be Deported

UNCLAS ACCRA 000545

SIPDIS

SIPDIS
SENSITIVE

DEPT FOR AF/FO, AF/W, AND PRM
GENEVA FOR RMA

E.O. 12958: N/A
TAGS: PREF PREL PHUM LI GH
SUBJECT: Court Rules that Liberians May be Deported

Ref: A. Accra 497 B. Accra 380, B. Accra 383, C. Accra 422, D.
Accra 475


1. (SBU) Summary: On April 24 an Accra Court ruled that 23
unregistered Liberians detained by the Ghana Immigration Service
since March 17 are living in Ghana illegally and may be deported to
Liberia. The ruling could set a precedent for the treatment of the
approximately 15,000 unregistered Liberians in the Buduburam refugee
settlement. The ruling may also have negative implications for the
future of the 24,000 registered refugees, as the court stated that
refugee registration cards do not entitle the holders to refugee
status. End Summary.


2. (SBU) On April 24 the Accra Fast Track Court issued its ruling
on the case initiated by Legal Resources Centre (LRC) and
Commonwealth Human Rights Initiative (CHRI) on behalf of 23
Liberians in the custody of the Ghana Immigration Service since
March 17. On April 8, following habeus corpus lawsuits filed by
these Ghanaian human rights NGOs that challenged the arrest and
planned deportation of 23 Liberians, the Court of Appeals ordered
the government to postpone the deportation of 23 Liberians scheduled
for the same day and ordered the lawyers be given access to the
detainees. On April 14, the Court heard the lawyers' arguments and
issued its ruling on April 24.


3. (U) The lawsuits challenged the legality of the detentions, and
argued that the detainees should have had a hearing within 48 hours
of their arrest. Although the 23 were not registered as refugees,
the lawyers argued that the Liberians had entered Ghana legally as
ECOWAS citizens, and made all reasonable attempts to register their
refugee claims appropriately with UNHCR and the Government of Ghana.
As such, they would be considered asylum seekers under Ghana
refugee law, and would have the right to a hearing of their claim,
formal notification, and appeal prior to being returned to Liberia.
The lawyers also argued that several are eligible for refugee status
under Ghanaian refugee law as the immediate relatives of registered
refugees.


4. (SBU) The court ruled that immigration officials followed proper
procedures and the detentions were legal, despite the lack of a
hearing. The court ruled that as the 23 had overstayed the three
months allowed under ECOWAS rules, they did not have a legal right
to remain in Ghana.


5. (SBU) The judge also referred to the text written on the refugee
identification cards and stated that the card does not entitle the
holder to refugee status. He stated that improved conditions in
Liberia meant their right to live in Ghana has ceased. [Note: The
text of refugee card is: "This card is for registration of an
asylum seeker. This card neither confers nor implies recognition of
refugee status under international or domestic law. This card does
not entitle the holder to any individual benefits from UNHCR or the
Government of Ghana." End Note.]


6. (SBU) Nana Lithur of CHRI told RefCord April 25 that the 23
Liberians are resigned to return to Liberia, and are not inclined to
appeal. However, CHRI may pursue an appeal on their behalf if they
receive a power of attorney. Lithur commented that the judge in the
case had a personal friendship with the Deputy Minister of the
Interior, which may have influenced the decision.


7. (SBU) UNHCR informally noted to RefCoord April 25 that they are
working on a response to the court decision, particularly the
judge's statement that the card does not confer status. UNHCR has
generally taken the position that unregistered Liberians are not
within their mandate.


8. (SBU) Comment: The judge's decision that officials followed
appropriate procedures in detaining the 23 could set a precedent for
the treatment of the approximately 15,000 unregistered Liberians
living in Buduburam. This is a concern because the unregistered
population likely includes many individuals who would have been
considered refugees had their claims been heard. In 2003, the GoG
stopped making decisions on Liberian cases and prevented UNHCR from
conducting registrations. There was also a significant backlog of
arrivals from 2001-3 who never received registration, including
refugees evacuated from Ivory Coast. The unregistered population
could therefore be considered to be asylum seekers, and as such,
remain a population of concern to UNHCR. Post does not have
information on the possible timing of the deportations. End
Comment.

BRIDGEWATER