Citation: 2022 RLLR 15
Tribunal: Refugee Protection Division
Date of Decision: January 13, 2022
Panel: Osehise L. Odigie
Counsel for the Claimant(s): Alastair Clarke
Country: Ghana
RPD Number: VC1-06738
Associated RPD Number(s): N/A
ATIP Number: A-2022-01960
ATIP Pages: N/A
REASONS FOR DECISION
INTRODUCTION
[1] This is the decision of the Refugee Protection Division (RPD) in the claim of XXXX XXXX (the ‘claimant’) as a citizen of Ghana who is claiming refugee protection pursuant to section 96 and subsection 97(1) of the Immigration and Refugee Protection Act (the “Act”)[1].
ALLEGATIONS
[2] The specifics of the claim are stated in the claimant Basis of Claim (BOC) forms[2] and narrative in evidence.[3] The claimant alleges that he will be persecuted if he returns to Ghana because his stepmothers and half siblings have refused to share the inheritance with him and have accused him of witchcraft. The claimant was born in XXXX, Ashanti region of Ghana and grew up after his mother’s death with his father. He attended elementary school and thereafter took up farming with his father. The claimant’s mother was the 3rd wife to his father and, she died 3 months after Claimant’s birth. In XXXX 2015, claimants father died, and this led to a property dispute.
[3] The claimant left Ghana in XXXX 2015 after series of incidents instigated by his half siblings. The crop in his farm was cut down by his half siblings and he was threatened that he will be killed by his siblings. The claimant traveled from Takoradi ports with the help of his friend’s father to Panama, he then traveled from Panama to the United States of America (US). The claimant arrived in the U.S. in XXXX of 2016 through California from Mexico and was detained till XXXX 2016. The claimant made an unsuccessful asylum claim in the U.S. The claimant arrived in Canada in XXXX of 2019.
DETERMINATION
[4] The panel finds that the claimant is a Convention refugee pursuant to section 96 of the Act.
ANALYSIS
Identity
[5] Identity is a determinative issue, in particular who the claimant is and what the country of nationality is. The claimant testified about his place, his religion and language. The claimant submitted copies documents as evidence of his identity which includes
- Copy of his birth certificate obtained in March 2017,
- Copy of marriage certificate for marriage held in Winnipeg, Manitoba on April 18, 2021,
- Copy of child’s birth certificate dated July 12, 2021
showing claimant’s identity.[4]
[6] The panel notes that the claimant had stated at the port of entry that his passport was missing in the US. Asked how he originally obtained the lost passport, the claimant testified that he had sent for his birth certificate through his friend’s father in Ghana. With the birth certificate and filled application form, he applied for it in New York. He stated that his lawyer requested for the passport to enable him to apply for work permit. The panel finds that that this is reasonable and accepts the above listed document in evidence. Objective evidence indicates that certified copy of entry into registry of birth can be obtained by being computer generated since 2009 on Ghana’s Birth and Death Registry (BDR).[5] The copy of the claimant’s birth certificate attached as evidence is consistent with the Response to Information Request (RIR) sample. Objective documentation further states that an individual can apply for a passport in Ghana using an application form, birth certificate or any other proof of citizenship, 4 recent sized passports as well as the processing fee and two guarantors while the biometric passport can be obtained with the submission of an application form, birth certificate, old passport where available and bank receipt for processing fee. Ghanaians abroad can obtain a passport by providing an application form, passport sized photographs and an old passport where available.[6]
[7] Based on the totality of the evidence, the panel finds that the claimant has established his identity as a Ghana national with his Ghana certified copy of registration of birth, marriage certificate as well as his oral testimony.[7]
Nexus
[8] For a claimant to be a Convention refugee the fear of persecution must be by reason of one of the five grounds enumerated in the Convention refugee definition. The claimant must have a well-founded fear of persecution for reasons of race, religion, nationality, membership in a particular social group, or political opinion.
[9] The claimant has made two allegations of fear in Ghana. First, he fears being targeted by his half siblings and stepmothers due to a property dispute after his father’s death. The panel finds that this allegation of dispute with his half siblings and stepmothers is a personal vendetta and does not have a nexus to the Convention, as such, has assessed this allegation based on section 97(1) of the Act. Secondly, the claimant alleges that he will be targeted in Ghana due to his perceived practice of witchcraft. The panel finds that there is a nexus between his allegation and the refugee Convention ground of membership in a particular social group. As such, has assessed this claim under both sections 96 and 97(1) of the Act.
Credibility
[10] When a claimant swears to the truth of allegations, this creates a presumption that those allegations are true, unless there is reason to doubt their truthfulness.[8] The claimant testified in straightforward, forthright, detailed, and candid manner. There were no material inconsistencies, omissions, or contradictions between any of the claimant’s testimony and the other evidence in this case. In summary, the claimant’s testimony was consistent with the other evidence on central aspects of the claim.
[11] The claimant testified that he was born in a polygamous home with his mother being the last wife of three wives. He stated that his mother died when he was three months old and, his father raised him while the other wives and children did not like him. He attended elementary school and upon completion joined his father in farming, after some years, his father gave him a portion of the land to farm. After his father’s death in 2015, tension escalated as his siblings did not wish to share the properties according to the traditional and religious practice and proceeded to destroy his farm, threaten him and spread the rumours that he was a witch who had taken after his late mother’s witchcraft. The claimant submitted a statutory declaration by an XXXX chief which corroborates his allegations that he was being targeted.
[12] The claimant was able to speak clearly about his fears of returning to Ghana due to being accused of witchcraft by his half siblings, stepmothers and the community and how witches are treated in Ghana. The claimant was also able to answer the specific questions asked without embellishment. The panel finds that the claimant is a credible witness.
[13] The claimant provided document to support his claim supporting the allegations of treatment of witches in Ghana.[9] The panel has no reason to doubt the genuineness of the documents provided by the claimant and since they relate to the claimant’s allegations of being a victim of violence, threats and being a witch, the panel gives them great weight to support the claimant’s allegations and overall claim.
Claimant’s travel history and claim in the United States
[14] The claimant entered Canada in XXXX 2019. The claimant testified that he travelled from Takoradi port through his friend’s father’s help to Panama in XXXX 2015 through a ship, after which he went through central America until he crossed the border from Mexico into the United States in XXXX 2016. He was detained on arrival till XXXX 2016, after which he filed an asylum claim which was denied in XXXX 2018. This brings into question the issue of eligibility under section 101(1)(c.1) of the Act. A notice was sent out to the Minister abut a possible ineligibility on the claim, the Minister responded that the claimant is not ineligible due to his claim in the United States, and the Minister declined to intervene.[10]
[15] Based on the overall credibility of the claimant’s testimony, the presumption of truthfulness, and the corroborative evidence, the panel finds, on a balance of probabilities that the claimant was a farmer, has half siblings and stepmothers, that there was a dispute regarding properties arising from the death of his father. The panel further finds that the claimant fled XXXX to Takoradi and thereafter left Ghana using a ship and travelled through central America to Mexico and crossed to the United States where he filed an asylum claim which was denied and thereafter to Canada where he filed a claim.
Well-Founded Fear of Persecution and Risk of Harm
[16] In order to be found a Convention refugee under section 96 of the IRPA, a claimant must show that she or he has a well-founded fear of persecution by reason of race, religion, nationality, political opinion or membership in a particular social group. Based on the information available before the panel, the panel finds that the claimant is a member of the particular social group of people who are perceived to be witches.
Land dispute claim
[17] The claimant alleges that his problems escalated after his father’s death in 2015. According to the claimant, he is the youngest child and only child of his mother who died after 3 months of his birth. He has 4 older siblings who are from different mothers, he stated that it was the religion and culture to share these properties as they belong to all the children. When asked how many lands and houses, the claimant responded that he was not certain how many pieces, but the land was a large piece with one house.
[18] Land ownership is not a core human right. The court has found that those who are able to make reasonable choices to free themselves of a risk of harm must be expected to pursue those options.[11] The claimant testified that his village has a chief and a meeting was summoned where the chief talked to them and there was nothing to show his half siblings had backed down. He further stated that the chief knew the nature of his half siblings and he was advised to go somewhere else if he valued his life. The panel asked if he reported the issue to the police, the claimant testified that in his society, no one bothers with the police as no action is taken unless money is given to them. He then stated that he took the chief’s advise and with the help of his friend’s father left Ghana through Takoradi.
[19] The panel does not find it reasonable that the claimant would put his life at risk for property which he has in essence already given up since he left Ghana, as the half siblings and stepmothers continue to live there. As such, the panel does not find that there is sufficient evidence to establish that the claimant faces a danger of torture, a risk to his life or a risk to cruel and unusual treatment or punishment if he returns to Ghana.
Perceived practice of witchcraft
[20] Ghana constitution prohibits religious discrimination, stipulates that individuals are free to profess and practice their religion, and does not designate a state religion. The estimated population is 28 million with 71percent Christians, 18 percent Muslims and 5 percent practice indigenous or animistic religious beliefs and 6 percent belong to other groups or has no religious beliefs.[12] Even though this demography exists, objective documentation shows that most Ghanaians believe in juju (fetish), ghosts, black magic and evil spirits and will seek help from fetish priests or other spiritual specialists in their locality.[13] The report also indicates that, in certain areas in Ghana, many believe in witchcraft with many hamlets, villages, clans and towns seeking protection against witches or having gods and fetishes to spiritually kill witches.[14]
[21] Objective documentation states that the constitution prohibits practices that dehumanize or are injurious to the physical and mental well-being of a person however the media has reported several killings and attempted killings for ritual purposes. In the Northern, North East, Upper East, and Upper West Regions, families or traditional authorities banished rural women and men suspected of “witchcraft” to “witch camps.” It further states that most of those accused of witchcraft were older women, often widows. Some persons suspected to be witches were killed. In July several individuals beat to death a woman aged 90 suspected of witchcraft in Kafaba, in Savannah Region.[15]
[22] The claimant testified that he had been accused of witchcraft with villagers being told it was passed to him from his late mother through the various narratives by his half siblings and stepmothers. He further testified that in communicating with his friend in Ghana, that there’s ongoing threat against him if he were to return as this information is now in the public domain. Based on the information before the panel, the panel finds that the claimant has established on a balance of probabilities, that he faces a serious possibility of persecution on the basis of his imputed practice of witchcraft in Ghana.
State Protection
[23] In all refugee claims, a state is presumed to be capable of protecting its citizens unless there is clear and convincing evidence that protection would not be forthcoming to a claimant.[16] The United States Overseas Security Advisory Council report states that the Ghana Police Service (GPS) is almost solely a reactive force and demonstrates only moderate proactive techniques and ability to deter crime. It states further that the Ghana Police often lack the equipment, resources, training, and personnel to respond to calls for assistance or other emergencies and that the police have a poor record of investigating and solving serious crimes.[17]
[24] Further objective evidence states that in areas without a significant or permanent presence of public security officers, civil rights are often determined and protected based on traditional law, which does not necessarily follow the letter of public law. This specifically refers to individuals and groups who display socially unacceptable behavior or are accused of such (e. g. “witches”).[18]
[25] The claimants’ testimony is consistent with the country reports referred to above, which report that Ghana police forces is mostly reactive and lack the equipment and resources to solve crimes. The panel notes that’s there is an elevated fear and risk with the claimant being perceived a witch. In these circumstances, the panel finds, on a balance of probabilities, that the claimant cannot avail himself of state protection in Ghana.
Internal Flight Alternative
[26] In Rasaratnam v. Canada (Minister of Employment and Immigration), the Court of Appeal held that, with respect to the burden of proof, once the issue of an internal flight alternative was raised, the onus is on the claimant to show that she does not have an IFA.[19] The burden placed on a claimant is fairly high in order to show that the IFA is unreasonable. In the Federal Court of Appeal decision of Ranganathan v. Canada (Minister of Citizenship and Immigration) in 2001, it was stated that the test is to show that the IFA is unreasonable.[20] That test requires nothing less than the existence of conditions that would jeopardize the life and safety of the claimants in relocating to a safe area. Actual and concrete evidence of adverse conditions is required. The panel finds that that the claimant would face a serious possibility of persecution in either Tamale or Accra.
First Prong – Serious Possibility of Persecution
[27] At the hearing, the panel proposed Accra and Tamale as possible IFAs. The objective evidence, as found in the World Factbook for Ghana at item 1.3, indicates that Ghana is a country that’s approximately 230K square kilometres and has a population of approximately 29M. Accra is the capital and it has approximately 2.5M people.[21] The claimant was residing in XXXX which is approximately 248kms from Accra and 375kms from Tamale.
[28] The claimant testified that he fears his half siblings, stepmothers and the society at large. The claimant testified that his siblings are in the transportation industry and therefore he would not be safe as Ghana is not a big country and this is why he cannot live anywhere safely in Ghana. The panel finds that there is not sufficient evidence before it that the half brothers, even though in the transportation business, have the ability and means in harming the claimant any of the proposed IFAs.
[29] The panel then considered the issue of the claimant being perceived a witch in Ghana. The panel notes that there is still ongoing threats about the claimant being a witch in the community. The evidence before the panel as noted above is that most Ghanaians still believe in traditional practices and in the powers of witchcraft. The claimant’s half brothers are into transportation business and therefore have the opportunity to be in different cities with different people.
[30] The Federal Court has repeatedly held that a refugee claimant cannot be expected to live in hiding in order for a proposed IFA to be reasonable. The evidence indicates that the claimant’s half siblings have continued spreading news about him being a witch and as they are truck and taxi drivers, they have, on a balance of probabilities, disseminated this information across several routes. As such, the panel finds that if the claimant returns to Ghana and tries to relocate to either proposed IFA, he would face more than a mere possibility of persecution from the community and general populace as he may be killed for being a witch unless he chooses to live in hiding. It is more than merely speculative that people in Accra or Tamale would learn that he is a witch and harm him.
[31] Based on the totality of the evidence, the panel finds that the claimant would not be safe nor would it be reasonable to relocate to the proposed IFAs , therefore, he would face a serious possibility of persecution in either proposed IFA location and as such there is no viable internal flight alternative available to the claimant.
CONCLUSION
[32] For the foregoing reasons, the panel determines that the claimant is a Convention refugee pursuant to s. 96 of the Act, and therefore accepts the claim.
(signed) Osehise L. Odigie
January 13, 2022
[1] Immigration and Refugee Protection Act,S.C. 2001, c. 27.
[2] Exhibit 2, Basis of Claim form.
[3] Exhibit 1, Claim referral information from CBSA/IRCC
[4] Exhibit 5, Claimant’s Disclosure (statutory declaration, claimant’s birth certificate, marriage certificate, child’s birth certificate and country condition) December 21, 2021
[5] Exhibit 3 National Documentation Package, Ghana, 16 April 2021, tab 3.2: Update to GHA105228 of 15 July 2015 on the “Certified Copy of Entry into Registry of Births” certificate, including additional information on its format and security features; whether the format has changed since 2009; authorized signatories (2009-July 2015). Immigration and Refugee Board of Canada. 17 October 2017. GHA106008.E.
[6] Exhibit 3, National Documentation Package, Ghana, 16 April 2021, tab 3.6: Requirements and procedures for obtaining a passport, both within and outside the country; types of documents accepted as proof of identity and citizenship (2008-2013). Immigration and Refugee Board of Canada. 3 January 2014. GHA104709.E.
[7] Exhibit 5, Claimant’s Disclosure (statutory declaration, claimant’s birth certificate, marriage certificate, child’s birth certificate and country condition) December 21, 2021
[8] Maldonado v. Canada (Minister of Employment and Immigration), [1980] 2 F.C. 302, 31 N.R. 34 (C.A.).
[9] Exhibit 5.
[10] Exhibit 4, Minister’s non intervention dated November 10, 2021
[11] Malik v Canada (Citizenship and Immigration), 2019 FC 955 at paras 25-30; Sanchez v Canada (Citizenship and Immigration), 2007 FCA 99 at para 19)
[12] Exhibit 3, National Documentation Package, Ghana, 16 April 2021, tab 12.1: Ghana. International Religious Freedom Report for 2019. United States. Department of State. 10 June 2020.
[13] Exhibit 3, National Documentation Package, Ghana, 16 April 2021, tab 12.2: Presence of cults or sects and consequences for refusing to join a cult; government attitude or response towards cults and/or any abuses committed by sect members (2004 – 2006). Immigration and Refugee Board of Canada. 11 October 2006. GHA101612.E.
[14] Exhibit 3, National Documentation Package, Ghana, 16 April 2021, tab 12.2: Presence of cults or sects and consequences for refusing to join a cult; government attitude or response towards cults and/or any abuses committed by sect members (2004 – 2006). Immigration and Refugee Board of Canada. 11 October 2006. GHA101612.E.
[15] Exhibit 3, National Documentation Package, Ghana, 16 April 2021, tab 2.1: Ghana. Country Reports on Human Rights Practices for 2020. United States. Department of State. 30 March 2021.
[16] Canada (Attorney General) v. Ward, [1993] 2 SCR 689.
[17] Exhibit 3, National Documentation Package, Ghana, 16 April 2021, tab 7.1: Ghana. 2020 OSAC Crime and Safety Report. United States. Overseas Security Advisory Council. 8 May 2020.
[18] Exhibit 3, National Documentation Package, Ghana, 16 April 2021, tab 1.9: BTI 2020 Country Report — Ghana. Bertelsmann Stiftung. 2020.
[19] Rasaratnam v. Canada (Minister of Employment and Immigration),[1992] 1 F.C. 706 (C.A.).
[20] Ranganathan v. Canada (Minister of Citizenship and Immigration), [2001] 2 F.C. 164 (C.A.).
[21] Exhibit 3, National Documentation Package, Ghana, 16 April 2021, tab 1.3: Ghana. The World Factbook. United States. Central Intelligence Agency. 10 September 2020.