Context Frame
Marriages between individuals of different national origins are increasingly becoming an aspect of Ghana’s migration phenomena and have important socio-political and security implications. Inter-country marriage, often viewed at the intersection of family, migration, and regulation creates a “security grey zone” reflecting illegitimate legal state statuses, conflicting identities, and vulnerabilities for states. Whereas migration for purely economic or labor migration is less complicated for the governance structures, inter-country or marriage migration inherently complicates governance as out of the megacity or migratory movement is imbued with intimate social ties, making citizenship, belonging, and national security less rigid.
In Ghana, the rise of inter-country marriages reflects broader migration and demographic transformations across the West African region and beyond. It often involves Ghanaian nationals and foreign spouses who are typically from other African countries, whether bordering, or from farther away places. These types of marriages create complex transnational family structures, and state regulation is often inadequate or contradictory. The legal, social, and political frameworks that may exist around these marriages are most likely ambiguous or complexly intertwined, creating spaces or moments where migrants’ identities, rights and privileges become inherently endangered, and space for states to exercise territorial sovereignty and mechanisms for social control in terms of the population being regulated becomes muddled.
In this article, inter-country marriages in Ghana are proposed as a representation of the security grey zones that emerge when migration, identity, and governance intersect. The article intends to explore how governance of inter-country marriages may overlap with issues of citizenship, border security, and social integration. As well, attention will be paid to the vulnerability that the Ghanaian state experiences in terms of governance and management of these complex social formations.
Governance and Legal Context of Marriage Migration in Ghana
Ghana’s legal and administrative systems construct family law and immigration law at the national level to regulate inter-country marriages. However, these two constructs do not always function well together, which creates hurdles for marriages with foreign spouses that are still obliged to engage in processes such as registration, visa status, and/or residence permit application. There can be a lack of clarity and no guarantees of enforcement, meaning that foreign spouses and their families can find themselves in a legal limbo or liminality without formal rights or recognition by reference points, which makes vulnerability apparent and contravenes state governance.
The difference between a regular marital migration, contentious marriages of convenience and undocumented marriages can be confusing at the border and immigration levels. The contingency of informal networks and intermediaries who facilitate marriage arrangements between parties from two countries contributes to an aspect of chaotic processing, as well as overlapping processes, legal status and document preparation which often, lack any effective oversight period. Dispersions in documentation of marriages and the marital process can hinder border control policies and impact monitoring regarding demographics, which is a security concern because of the gaps in governance.
The Ghanaian state’s vulnerability is complicated by being a multi-ethnic composition state with regions of unexpected migration. Additionally , processes under the Economic Community of West African States on free movement allow for rights to live and work for ECOWAS citizens,. The place of settlement and attendant processes around marital migration create a precarious and ambiguous space outside of the labour law, immigration law, etc. Many unregistered or contested marriages, create situations where marriage migrants operate in the shadows, undermining state control.
Intersecting Issues of Identity, Migration, and Security
Inter-country marriages create complex relationships between spouses and their legal and public identities concerning citizenship and belonging. While foreign spouse status possesses national and public imaginations, state identities remain fixed on their decisions around constructions and inclusion/exclusion. In Ghana, for example, citizenship is tied to notions of descent and recipient place making it difficult for foreign spouses to apply for nationality or permanent residence in the case of acquiring citizenship which does not assist their integration at the center frame, borders them in what is seen as infrastructure around inclusion.
Identity-related issues revolve around hierarchies based on race, gender, and socioeconomic distinctions which impact the dynamics for foreign spouses in the transaction/migration and marital intersection. In particular, in addition to economic capital, female migrants must assess their social worth at an intersection between caregiving responsibilities or societal behaviors designed the reflect reproductive practices and avenues for support, under control or surveillance, as an additive value. These overlapping identity processes, which have implications not only on lived experience as a family unit but state narratives about couples in which their inter-country marriages are enclaved, tout different “descendants” and “unsuitable” ensemble constructions that are reflected in the state-supported global functions of exclusion, marginalization, and legitimate governance space.
Identity tensions in split cultures are complicated by the fact that through their diaspora linkages to their life outside Ghana’s borders, migrants navigate sometimes vastly different ‘sub-cultures’ for their origins, customs and heritage or their spouse’s national culture – the interface can produce social situations and behaviors for constructions which the state seeks to regulate. This is complicated because while the state understands identity and affirmations through processes of law and notions of legality, many migrants are creating their settlements and subsequent lived space with Ghanaian origins or affiliations and subsequent law regulates their affiliation and identity through induction. Thus, grey areas exist where migrants’ previously definitive place of affiliation becomes ambiguous and rendered uncertain around things like their security status.
Migration Industry and Informal Networks in Ghana
Inter-country marriages are often facilitated by brokers, agents, and informal networks that operate across and beyond Ghana’s borders. They are intermediaries that facilitate the meetings and linking of prospective spouses, frequently without the official papers. These networks are not without their risks, and although they can help further desired social relationships and migration routes, they present risk factors like human trafficking, fraud, and exploitation, all of which are state security issues for Ghana.
Policing and regulating many of these intermediaries is challenging, given the informal nature of much of the sector, as well as the difficulty in monitoring cross-border flows that are often undocumented or irregular marriages. In particular, the overlap of legitimate migration facilitation and illegal trafficking complicates policy responses, prompting different approaches that meet both the rights of migrants and enforcement action.
The contributions to social and economic exchange from cross-border marriages at the level of the community are overshadowed by the tensions that emerge when the legal status of migrants remain in contention. These marginal positions of migrants will erode social cohesion in leviathan state initiatives to increase integration and control, and further manifest the security grey zone.
Policy Implications and Recommendations
As a security grey zone, inter-country marriages in Ghana need a holistic and integrated policy framework to govern, provide legal certainty, and promote social inclusion in the context of migration and gender. The suggested considerations for addressing inter-country marriages include:
- Legal Certainty and Clarity
When possible, streamline processes for marriage registration and routes of immigration for foreign spouses, which will reduce ambiguities on the legal question and create clear criteria for residency and citizenship consistent with international human rights law.
- Strengthening border and migration management
Improve coordination between immigration, civil registry and security agencies to locate the marriage migration flows, without compromising migrant dignity and entitlements.
- Regulating intermediaries
Targeted policy specific to migration brokers and facilitators that do not facilitate trafficking, can be developed, along with reporting mechanisms that protect migrant rights and facilitate legitimate facilitation.
- Gender and Identity-Sensitive approaches
Intersectional frameworks can reveal the complexity of experiences and vulnerabilities of marriage migrants, particularly women, and how they connect to social integration and marginalization.
- Community engagement and social integration
Community-based programs can foster acceptance and inclusion of cross-border families while limiting rising social tension at the community level.
The above policy recommendations demonstrate that the difficult balance between security interests, protecting migrant rights as well as accounting for the social and cultural conditions that occur with inter-country marriages, must be taken into consideration. Otherwise, the state’s legitimate governing role with an increasingly diverse population will consistently be challenged.
Conclusion
Inter-country marriages in Ghana are an important site where migration, identity, and state security have intersected ambiguously to produce a context of security uncertainty perceived as grey. The legal ambiguities, identity challenges, and global governance vulnerabilities that underpin these marriages show the importance of open, rights-sensitive, and context-specific policy moves. Ghana can consolidate its migration governance by integrating legal, social, and security structures along with regional and national experience, leading to the well-being of migrants and stability for nations.
Comments
The key issues that this paper seeks to outline have not been clearly explained for me. The case for marriage between Ghanaians and foreign nationals being a national security threat has not been clearly made. For instance, where are the statistics, or incidents that make this a national security threat. We know they exist but this has not been made.
Additionally, we are aware that many Nigerians engage in marriage to Ghanaians to get residency, Ghanaian passport, national ID to engage in internet fraud, sakawa and other nefarious activities. But where is the evidence. Where are the reports and references that provide a basis for the policy proposals that need to be made.
If this is a problem that the authorities are not aware of, how can they be aware of this? What intelligence systems and processes can they put in place that provides the evidence upon which action can be taken.
Pls review the article in the light of these comments to improve relevance and policy proposals and options.
Sources
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