LAW OF THE SEA COUNTRY STUDY GHANA

• Document Type: CREST
• Collection: General CIA Records
• Document Number (FOIA) /ESDN (CREST): CIA-RDP79-01054A000300060001-2
• Release Decision: RIPPUB
• Original Classification: C
• Document Page Count: 38
• Document Creation Date: December 9, 2016
• Document Release Date: March 28, 2001
• Sequence Number: 1
• Publication Date: April 1, 1975
• Content Type: STUDY

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Confidential
No Foreign Dissem
Law of the Sea Country Study
Ghana
Confidential
GCR LOS 75-7
April 1975
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NATIONAL SECURITY INFORMATION
Unauthorized Disclosure Subject to Criminal Sanctions
Classified by 019641
ExempT from General Declassification Schedule
of E.O. 11652, exemption category:
?56(1), (2), and (3)
Automatically declassified on:
date impossible fo determine
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:'~~o Foreign Disse~n
The Law of the Sea Country Studies are prepared to support
the NSC Interagency Task Force on the Law of the Sea. The
countries to be included in the series are selected on the
basis of priorities suggested by the chairman of the Task
Force.
Each study has two parts. Part I is an analysis of the
primary geographic, economic, and political factors that
might influence the country's law of the sea policy, the
public and private expressions of that policy,
involved. Part II provides
basic data and information bearing on law of the sea matters.
This study was prepared by the Office of Geographic
and Cartographic Research. was provided by 25X16
the Central Reference Service. The study was coordinated
within the Directorate of Intelligence and with the Depart-
ment of State. Comments and questions may be directed to the
LOS Country Studies Working Group, Code 143, Extension 2257.
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No Foreign Disse~~i
Part T - Law of the Sea Analysis
Summary .............. ....................................
~
{
Policy .............................
Factors Influencing LOS
2
Law of the Sea Policy ...... ...............................
3
Ke Polic Makers LOS Ne otiators and Advisers ............
8
25X1 B
P~~,rt II - Background Information
Basic Data .,. ...............................................
15
Conventions ................................................
16
Present Ocean Claims ........... ...........................
i7
Action on Significant UN Resolutions .......................
18
Membership in Organizations Related to LOS Interests .......
ANNEX
19
UN LOS draft articles submitted by Ghana
Maps: Regional map
Theoretical Division of the World Seabed
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No Po~?ei~;n Disse~la
Part I -- Law of the Sea Analysis
A. SUMMARY (U)
A list of Ghana's Law of the Sea
(LOS) priorities would have those
issues dealing with a coastal state's
share of the resources of the coastal
economic zone and deep seabed at the
top; marine pollution and scientific
research in the middle, followed at
some distance by the rights of
landlocked and geographically dis-
advantaged states; and straits,
archipelagos, and islands at the bottom.
Ghana is very protective of the resources
in its coastal area and will seek maximum jurisdiction over them.
Ghana also will seek a maximum share of the revenues from deep sea
mining; thus it supports establishment of the 200-mile* exclusive
coastal state economic zone, with an included 12-mile territorial
sea, and an all-powerful authority to govern and exploit the
international seabed.
Accra views marine scientific research and pollution control
as vehicles for technology transfer and wants them tightly regulated
by the coastal state in the zone of national jurisdiction and by an
international authority in the area beyond. It will demand transfer
of technology from any developed state that wants to fish in the
Ghanaian economic zone and wants the right to regulate coastal
pollution standards in accordance with local environmental and
economic peculiarities.
Ghana lends lip service to the demands of the landlocked and
geographically disadvantaged states and to the Group of 77 position
on islands, archipelagos, and straits. Only the landlocked issue
is of any direct concern to the country, for it has one such
neighbor (Upper Volta) and may well be obliged to provide it with
free access to the sea and with a share of the fishery resources
in the Ghanaian economic zone. Even the most restrictive of innocent
passage regimes in international straits will suit Ghana, although
* Distances and areas throughout this study are in nautical miles
unless specified otherwise.
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the Ghanaian Caracas delegation did call for moderation on this
issue, i.e., a compromise between the interests of the maritime
states and the straits staff;es. The disposition of archipelago
and island regimes will Hoff; affect Ghana.
B. FACTORS INFLUENCING LOS POLICY (U)
Special Geographic Features
Ghana is listed among the world's broad-margin states.
Equidistant lines extended seaward from the ends of the Ghanaian
coast to the edge of the continental margin include beta~een them
an area of more than 93,700 square miles, some 1,700 square miles
greater than the country's land area. These lines, however, are
not recognized international boundaries and could well be adjusted
by future treaties between Ghana and its neighbors.
Uses of the Sea
Mineral Resources -- The prospects for finding petroleum in
Ghana's extensive continental margin are thought to be excellent.
Exploration on the continental shelf has been underway for several
years, and at least one producing exploratory well has been
drilled.
Ghana produces 1..4 percent of the world's manganese, all of
which is exported. Revenues from that metal contribute so little
to Ghana's economy, howevE~r, that seabed mining of the metal would
have virtually no effect on the Ghanaian gross domestic product.
Livin~c Resources -- Ghana has the fourth largest fishing fleet
in Africa. In West Africa, only Senegal's fleet is larger. The
country's fleet consists of the traditional canoes (some motorized),
accounting for about half of the country's total catch, and more
sophisticated vessels, including refrigerator-equipped deep sea
trawlers and seiners and at least one factory ship. The deep sea
fleet operates off southern and western Africa.
Ghana's coastal fisheries, althouyh rich, are now being fished
to near capacity. The burden of satisfying the country's growing
demand for fish (Ghana's per capita consumption of fish is one of
the highest in Africa) will fall largely on the distant-water fleet.
Marine Transportation. -- Ghana's merchant fleet, largely
_---
government owned, is one of the largest and most modern of t e
developing African countries. It carries nearly half of the
country's international seaborne trade and operates on routes
that connect Ghana with North America, Europe, and the p1editerranean.
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Naval and Air Transportation Considerations -- The Ghanaian
Navy is a coastal defense force of limited capability. Ghana
Airways Corporation, the national carrier, has routes in West
Africa and between Ghana and Europe and the Pliddle East.
Political and Other Factors
A former British colony, Ghana is very conscious of its 19th
and early 20th century history, the period when, as a Ghanaian
LOS delegate put it, "our less sophisticated forefathers...were
induced to sign away..." the country's heritage to fuel the
economies of Europe. To insure that this will never again
happen, under any guise, and to recoup what it feels it lost
during the colonial era, Ghana will be very protective of its
coastal resources and will seek for itself and for all developing
countries a maximum share of the wealth of the oceans beyond the
areas of national jurisdiction. Ghana has been an active and
influential participant in the various Organization of African
Unity LOS meetings. The Ghanaian LOS delegations have supported
the Group of 77 positions on all issues, with those issues dealing
directly with resource jurisdiction receiving their most
enthusiastic backing.
C. LAW OF THE SEA POLICY
Territorial Sea (C)
The National Redemption Council, the country's ruling
body, extended the national territorial sea to 30 miles in 1973
in an effort to protect Ghanaian coastal fisheries. The act
chagrined the country's LOS experts who wanted to await the outcome
of the LOS Conference before deciding the necessity for such a step.
The delegates have since indicated that Ghana would reduce its
claim appropriately if a 12-mile territorial sea in conjunction
with an exclusive coastal economic zone up to 200 miles in breadth
was incorporated into a new oceans treaty. Ghana favors a precisely
defined innocent passage regime in the territorial sea.
Straits (U)
Ghana adheres to the Organization of African Unity position that
calls for innocent passage for merchant ships and prior notifica-
tion for warships in international straits that fall within a
territarial sea regime, but the country's delegation agrees that
further clarification of the issue is needed. The issue is not
an important one for Ghana since it is not a strait state and,
further, has no strategic interest in straits transit. Innocent
passage for its merchant fleet is all that Accra requires.
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Accra is making an effort to resolve the straits issue, however.
Its delegation has called for striking a balance between the
interests of the maritime states and the straits states. The
delegation also has proposed that straits be classified according
to their physical character and function, an indication that Ghana
sees establishment of more than one straits transit regime as the
solution. Ghana's official position on overflight is that it is
adequately covered under existing international law.
Islands and Arch~elagos (U)
Islands and archipelagos are issues that hold only political
interest for Ghana; it:s delegation has said very little about
either. According to draft articles on the economic zone that
Ghana cosponsored at Caeneva in 1973 (see Annex), the maritime zones
of islands should be determined according to the island's size,
population density, location relative to the principle territory
and other territories, and geomorphic character. At Caracas in
1974, the Ghana delegation's position on islands under "foreign
domination" was that the islands should be accorded full economic
zone jurisdiction, but that the benefits of the resources therein
should accrue only to the indigenous inhabitants, not the sovereign
power.
Ghana's delegation will vote for whatever regime the archipelago
states agree to among themselves.
Coastal State Jurisdiction Beyond the Territorial Sea (U)
Ghana favors the establishment of national economic zones up
to 200 miles in breadth measured from the territorial sea baseline.
In the zone, the coastal state would have exclusive and permanent
jurisdiction over all resources and activities except navigation and
overflight and the laying of submarine cables and pipelines.
Ghana's public statements to date reveal its opposition to
national jurisdiction of the continental margin seabed resources
beyond the economic zone. Realizing, however, that several broad-
margin states will not be inclined to relinquish ownership of the
margin beyond 200 miles given them by the exploitability clause of
the 1958 Continental Shelf Convention, Ghana is prepared to consider
revenue sharing in that area as a possible accommodation between
these states and the opponents of such an extensive jurisdiction.
The Ghanaian delegation has so far displayed no awareness of its
own country's extensive margin -- 30,000 square miles of it (equal
to 42 percent of the country`s land area) beyond a line 200 miles
from the coast. To Eliminate the possibility of a broad-margin
state claiming ownership of the living resources above the margin
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beyond the exclusive economic zone, Ghana proposes that the pro-
visions of the Continental Shelf Convention, which specifically
excludes national jurisdiction over the ~uperjacent waters, apply
in these instances.
Fisheries (U)
Ghana is a strong advocate for the exclusivity of a coastal
state's rights to the living resources in its economic zone. It
is essential, Ghana maintains, that the coastal state be the sole
authority in the disposition of fishery resources in the coastal
economic zone. This includes satisfying its own needs as well as
parceling out the remainder to other states, for Ghana is sympathetic
to the full utilization concept. But Ghana will not be bound by a
treaty that dictates what countries will fish in another's economic
zone and opposes the U.S, priority of access proposal, which calls
for states that have traditionally fished in the economic zone to
have first priority,; neighboring states, second; and all others,
third. Accra's priority list, aimed primarily at reducing the ease
with which the sophisticated fleets of advanced states gain access
to the economic zones of Ghana and other developing states, would
undoubtedly reverse the order of the first two groups of states
on the U,S. list, with "neighboring states" reading "adjacent states."
Ghana would not exclude developed states from its economic zone, but
would probably demand that some sort of technology transfer be a part
of any bilateral fishing agreement,
The Ghanaian delegation has indicated approval of the U.S,
proposal an highly migratory species that calls for coastal state
regulation within the coastal zone according to international or
regional standards. Ghana also has called for special regulations
for anadromous and endangered species, but has so far made no
specific proposals,
Deep Seabed (U)
There are basic questions relating to the economic and
technological ramifications of seabed mining that, because of the
newness of the whole concept, Ghana feels cannot be answered at
present:
-- present and future relative costs of land
and seabed mining,
-- effects of seabed mining on the world
market and on the economies of individual
states, land-based producers and others,
and
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T"o deal with these and other questions, Ghana wants an a11-powerful
seabed authority, unbridled by a body of specific treaty articles
that might quickly lose relevancy in a changing and ever more
sophisticated milieu. The Ghanaian delegation at Caracas, therefore,
cosponsored and unreservedly supported the Group of 77 proposal on
the seabed (see Annex), which gives the authority comprehensive and
effective control of all phases of seabed development, from
preliminary exploration through price control and marketing.
Ghana also supports the Group of 77 contention that the assembly
be the most powerful organ within the authority`s machinery.
Landlocked and Geographically Disadvantaged States (U)
Ghana supports the right of landlocked and geographically
disadvantaged states to:
free access to the seas,
-- the living resources beyond coastal
state jurisdiction,
~- a share of the revenues derived from
-the mining of seabed minerals beyond
the area of coastal state jurisdiction,
rind
-- i;he living resources of a neighboring
coastal state's exclusive economic zone,
With respect to the latter, however, Accra interprets "neighboring"
as "adjacent" (Ghana has only one adjacent landlocked neighbor) and
will support only very general treaty articles guaranteeing such
rights, Ghana wants to control such access to its economic zone
through bilateral and regional agreements. To be bound by detailed
treaty articles that ensure foreign access toy its coastal zone would,
Ghana feels, erode its sovereign exclusivity. Ghana will not be
obligated to r>hare the mineral resources of its coastal zone with
anyone, viewing such resources as integral parts of the natural
prolongation of its sovereign land territory,
Marine Pollution (U)
At Caracas Ghana was one of ten coastal states in varying
stages of economic development to cosponsor a set of draft
articles on the zonal approach to marine pollution control (see
Annex). The articles call for application of international and
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regional control standards for all types of marine pollution,
regardless of source, in the coastal zone, with coastal state
enforcement. At Geneva in 1973, Ghana cosponsored a proposal that
calls for combined coastal state/flag state enforcement of
vessel-source pollution standards in the coastal zone (see Annex).
A Ghanaian delegate envisioned a flow of technology from advanced
states to lesser developed states as they explored and studied
together the causes of and means to combat marine pollution.
Ghana advocates the right of a coastal state to set vessel
construction, vessel-source pollution, and seabed-source pollution
standards in its economic zone that are higher than international
and regional standards to take into account peculiar local
environmental features. Ghana also thinks that a coastal
developing state should be allowed to reduce international and
regional standards in its economic zone to speed economic develop-
ment.
Scientific Research (U}
Ghana considers scientific research the principle vehicle in the
LOS framework for the transfer of technology. The country will demand
transfer of technology from more developed countries that conduct
research in Ghanaian waters and will want similar provisions between
the researchers and the international seabed authority in the area
beyond national jurisdiction. Accra, therefore, supports the position
that scientific research be controlled by the coastal state in the
coastal economic zone and by the international seabed authority in
the area beyond. Accra proposes that data derived from research
in the international area be freely disseminated, but that data from
research in the coastal zone be controlled by the coastal state.
Regional Arrangements (U)
Ghana endorses the idea of regional arrangements for development
of living resources, pollution control, scientific research, and
dispute settlement.
Dispute Settlement (U)
The draft articles on the economic zone and on marine pollution
that Ghana cosponsored contain general provisions for peaceful
settlement of disputes. Beyond that, the Ghanaian delegation has
publicly said nothing on the subject, possibly an indication that
the Accra government might be reluctant to support detailed articles
on dispute settlement. Like many developing countries, Ghana probably
views mandatory settlement of disputes as an affront to its
sovereignty.
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D. KEY POLICY MAKERS, LOS NEGOTIATORS AND ADVISERS (U)
The military seized control of the Ghanaian Government in 1972
and now rules by decree through the National Redemption Council in
which all executive and legislative power is vested. That one of its
members, Commissioner for Justice E. N. Moore, leads the country's
1975 Geneva delegation, is indicative of the importance the council
attaches to the negotiation of a new oceans treaty. It also may
indicate that the delegation will have some measure of independence
in negotiating Ghana's interests, although the council will certainly
make final decisions.
Ambassador F. E3oaten, Permanent Representative to the UN; Mr. G.
Nikoi, Attorney General's Department; Mr. W. W. K. Vanderpuye,
Foreign Ministry; and Mr. K. 0. Kumi, Ghana UN Mission; are also on
the Geneva delegation. A list of the members of Ghana's UN LOS
delegations follows:
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Third
LOS ConfexenCe Attendees
H.E. Mr. K.B. ASANTE
Ambassador
Permanent Representative to the
UN
*H,E, Mr. F?E? BOATEN
Ambassador Extraordinary and
Plenipotentiary
Permanent Rep~~esentative to the
UN
Mr. E.A? BOATENG
Chairman
Environmental protection Counci
Mr. J.Q. CLELAND
Minister Counselor
Deputy permanent Representative
to the UN
*Mr. Gordon G.N. CUDJOE
Head of the UN Division
Ministry of Foreign Affairs
Mr. K.O. KUMI
First Secretary
permanent Mission to the ~
Mr. H. LIMANN
Counselor the UN
permanent Mission to
*H,E, Mr. E.N. MOORE
Commissioner of Justice and
Attorney General
Mr. G. NIKOI
State Attorney Office
Attorney General's
Seab ed Committee Session LOS Conference
Jul Jun Mar-
Jul Mar
Jul Feb Aug
Mar Aug Mar Aug Apr 73
71 71 72 72 73_
XI X
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Mr. S,E. QUARM
Supervising Director
Political Department
Ministry of Foreign Affa~_rs
H.E, Mr. Osei TUTU
Ambassador to Switzerland
Permanent Representative to the
UN
*Mr. W.W.K. VANDERPUYE
Director
Legal and Consular Divisior.
Ministry of Foreign Affairs
Mr. W.A. WILSON
Minister Counselor
Deputy Permanent Representative
to the UN
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GHANA
Part II - Background Information*
Geography
World region: Africa
Category: coastal
Bordering states: Upper Volta, Togo, Ivory Coast
Bardering bodies of water: Atlantic Ocean (Gulf of Guinea)
Area of continental shelf: 6,100 sq. mi.
Area to 200 mi, limit: 63,600 sq. mi.
Area to edge of continental margin: 20,100 sq. mi.
Coastline: 335 statute mi.
Land: 92,000 sq. statute mi.
Population: 9,686,000
Industry and Trade
GDP: $2.5 billion (19 72 est., at current prices); $280 per capita
Major industries: mining, lumb Bring, light manufacturing, fishing,
aluminum
Exports: $443 million (f.o.b., 1972); cocoa (about 750), wood, gold,
diamonds, manganese, bauxite, aluminum (aluminum regularly excluded
from balance of payments data)
Imports: $257 million (c.i.f., 1972); textiles and other manufactured
goods, food, fuels, transport equipment
Major trade partners: EC, U.S.
Merchant marine: 19 ships (1,000 GRT or over) totaling 126,200 GRT,
includes 18 cargo, 1 b ulk (C)
Catch: 281,000 metric tons, valued at $45.7 million
Economic importance: important dietary item and provides employment
for coastal inhabitants
Other fishing areas : west and southern African countries
Species: mackerel, scad, horse mackerel, anchovy, sardinella, tuna
Nature of marine fisheries techniques: mixed traditional-modern
Other countries fishing off coast: U.S.S.R., Japan, France, Poland,
U.S., Spain, Italy, Portugal, Taiwan, South Korea
* WARNING -- Unless otherwise indicated, individual items are
unclassified/FOR OFFICIAL USE ONLY. Classification designations
are (C) Confidential and (S) Secret
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t~[arine Fisheries ( con ~ t )
Extent of foreign offshore fishing: will bear the brunt of
:supplying country's increasing need for fish
Petroleum Resources
Petroleum: proved recoverable reserves -- 7.5 million 42-gal. bbl.
~l million metric tons) shut in and offshore; no production
Natural gas: none
Ships: 2 large sub chasex-s, 2 sub chasers, 2 inshore minesweepers,
1 coastal minesweeper, ]_ repair/maintenance craft (C)
{thief of State, Chairman of NRC Colonel. I.K. Acheampong
4'"o reign Minister, Major R.M. Baah
r4ultilateral Conventions
Optional Protocol of Signature Concerning the Compulsory Settlement
of Disputes, February 29, 1958.
~.nternational Convention for the Prevention of Pollution of the
Sea by Oil, July 17, 1962.
Cnternational Convention for the Safety of Life at Sea, March 22, 1962.
Regulations for the Prevention of Collisions of Vessels at Sea,
March 22, 1962.
Convention on Facilitation. of International Maritime Traffic,
November 5, 1965.
International Convention on Load Lines, September 25, 1968.
international Convention for the Conservation of Atlantic Tunas,
April 17, 1968.
'l reaty Banning Nuclear Weapons Tests in the .mot:~rospl;ere, i-~ Outer
Space, and Under Water, November 27, 1963.
Convention on the Inter-Governmental Maritime Consultative
Organization, July 7, 1959.
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Present Ocean Claims*
Type Date Terms
Territorial
Sea
1963 12 mi. Act 175, Territorial Waters
and Continental Shelf Act,
1963, Apr. 19, 1963
U.N, Doc. A/AC. 235/11, p. 34
Continental 1963 100 fathoms,
Shelf contiguous to
and seaward of
territorial sea
19b8 '100 fathoms
Act 175 of Apr. 19,
1963
Decree of Nov. 27,
1968
and seabed/sub-
soil beyond
which are cap-
ab le of expl of Ca-
tion
Exclusive
Fishing
19 73
12 mi.
30 mi .
Fisheries ordinance
Fisheries
1963
100 mi.
Act 175 4 Whiteman 34
Conservation
Beyond Territorial Sea
Pollution
1964
12 mi,
Act No. 235, Apr b, 1964
Additional areas may be
designated
* Principal Source: Limits of the Seas, National Claims to Maritime
Jurisdiction, 2d Revision, State Dept./INR, April 1974
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Action on Significant UN Resolutions
Moratorium Resolution
(A/RES/2574 0, XXI'v, 12/15/69)
Pending est_ablishment_ of international regime,
States and persons are bound to refrain from
exploiting resources of or laying claim to any
part of the seabed and ocean floor beyond the
I.i.mi is of nati on~r1 jurisdi ct_i on.
LOS Conference
(A/RES/2750 C, XXV, 12/17/70)
Convene i_n 1973 a Conference on Law of the Sea
to deal with estah.Zishment of international
regime for the seabed and ocean floor, and
enlarge Seabed Cozmni ttee by 44 members and
instruct it to prepare for. t_he conference draft
treaty artic_tes embodying international regz'zne.
Against
Cosponsor
LOS Conference, Timing and Site Cosponsor
{A/RES/3029 A, XXVII, ]2/18/72}
Indian Ocean as a Zone of Peace
{A/RESj2992, XXVII, 12/15/72)
L'a11ed upon I i ttoral and hinterland s tate_s of
Indian ocean area, permanent members of the
Securi ty Counci 1 az~d other major marl time users
of Indian Ocean to .support concept that Indian
Ocean should be zone of peace,
Landlocked/5he11=-Locked Study Resolution
(A/RES/3029 B, XXVII, 12/18/72)
Called for study of extent and economic signifi-
cance in terms of resources, of.international
area resulting from each proposal of limits of
national .jurisdiction presented to Seabed aI territory;
(d~ 1Jhether o_r not they ar,e^ituatcd on ':he continental
:>he~Lf of ~~.r~otl~er territor~~;
(e) Tr~ai.r ;-eeln,~~ir;al and ;?enmorpholo;~~ical sti?ucture anti configuration.
2. Island States and. t}~{; roi?ime of arc}~inela-^ic States as set out under the present
Conventiozi s1~a.11 not be aflccte~++- b~- thi. artic,l-e.
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A~AG,138~SC.II~L.4U
page 2
A_R`1'ICLl, III
The limits of the Economic Zone shall be fi.ced in nautical miles in accordance
with criteria in each region, which take into consideration the resources of the
region and the rights and interests of developing land-locked, near land-locked,
shelf-locked States and States with narrotr shelves and without prejudice to limits
adopted by any State orithin the region. The Economic Zone :hall not in any case
exceed 200 nautical miles, measured from the baselines for determining territorial
sea.
AiiTICLL 1V
Tn the Economic Zone, ships and airc-rafts of all States, wizetlzer coastal or
not, shall enjoy the right of freedom o.f navigation and overflight?a.nd to lay
submarine cables and. pipelines with no restrictions other than those resulting from
the exercise by the coastal state trithin the area.
ARTIC111~ V
Each State shall ensure that an}r exploration or- exploitation a.ctivi.ty ~rithin
its Economic Zone is carried out exclusively for peaceful purposes and. in such a
manner as not to interfere unduly ~%ith the legitimate interests of other States in
the region or those of the International Community.
Al~TICLL Vl
The exercise of sovereignty over 1;he resources and. jurisdiction over the zone
shall encompass all the economic resources of the area, living and non-living, either
on the water surface or within the tr~.ter column, or on the soil or sub-soil of the
sea-bed and. ocean loon beloti~r.
A1~TICh' VI1
Gdithou-t prejudice to the general jurisdictional competence conferred upon the
coastal State by Article I1 above, the State: may establish special reg?ulatiors
within its Economic Zone fore
{a~ Exc]_usive exploration and exploitation of renewable resourcesy
(b) Protection and- conservation of the -renel?rable resources;
(c~ Control, prevention and eliminatior_ of pollution of the marine
environment;
(d~ Scientific research.
Approved For Release 2001/07/16 :CIA-RDP79-01054A000300060001-2
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