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