Birth certificates vs menstrual products: 2 extremely confusing statements made by Chief Justice nominee

After nearly 5 hours of grueling time before the Appointments Committee of Parliament, the new Chief Justice nominee, Justice Gertrude Torkornoo, seemed to have only left in the memories of people, two major comments.

The two, based on two major subjects in the country in recent years, have been further projected by discussions on major social media platforms such as Facebook and Twitter.

The nominee, who was appearing before the PAC for the second time, following her first appearance in 2019, when she was appointed to the Supreme Court of Ghana, had to answer questions on whether or not to make menstrual products tax-free or not, and whether or not a birth certificate is evidence of a person’s citizenship.

Birth certificate as a proof of citizenship

In the first place, the reason this issue has become topical has stemmed from the government’s recent move to make the Ghana Card the only documentation that is accepted in the country for voter registration.

It was a position that was vehemently contested by many, and spearheaded by the National Democratic Congress (NDC), the country’s largest opposition party.

And with that, the NDC sought clarification and interpretation from the Supreme Court in 2020, with the hopes that the decision by the Electoral Commission of Ghana would be quashed and that other documents like the birth certificate can be used.

However, in a unanimous decision, the apex court contended that holding a birth certificate has no bearing on the citizenship of the holder.

The court explained that the document does not establish “the identity of the bearer.”

And in an attempt to get her position on the matter, Gertrude Torkornoo had to answer a question on the Supreme Court ruling in 2020 that the birth certificate cannot be used as proof of nationality.

In her response, the Chief Justice nominee said that the birth certificate is only used to show the place of birth of a person born in Ghana and not the citizenship of the person.

She further explained that in Ghana, citizenship is not determined by place of birth, but by lineage.

“Citizenship is a matter of law; nationality is a matter of law. In certain jurisdictions being born in that place makes you a citizen of that country. In our country being born in Ghana does not make you a citizen of Ghana.

“It is your relationship with your mother, it is your mother’s identity, it is your father’s identity. It is your lineage that determines your citizenship.

“So, that form (the Birth Certificate) is actually an international requirement, we must know where everybody is born. That form assists to know your antecedent but beyond that, your nationality is derived from the information on that form. It is not the evidence of your nationality, it is the beginning of appreciating how your nationality must be determined,” she said.

Tax on menstrual products

The Chief Justice nominee, Justice Gertrude Torkornoo, also had a moment when she was asked about the subject of whether or not to make products associated with menstruation tax-free in the country or not.

Again, this is a subject that has been severally discussed and contested on many fronts, especially on the sides of women's groups and institutions.

The calls have been that the existing tax on sanitary products should be lifted.

For instance, some Civil Society Organisations (CSOs) recently reiterated their call to the government to reclassify sanitary pads from luxury products to essential products, to make them affordable on the market.

According to them, the 20 per cent luxury tax on sanitary pad and the 15 per cent Value Added Tax makes the products expensive on the market, and out of reach for many adolescent girls.

Setting the tone for a stakeholders breakfast meeting in Accra on “Tax Free Period Campaign,” Vivian Akligo, Policy and Advocacy Officer of Youth Advocates Ghana, said “sanitary pad is not luxury. It is a biological process so there is no need for it to be classified as luxury tax. Let us reclassify it as essential product.”

Sharing her take on the subject, Gertrude Torkornoo rather called for a partial tax on the products, depending on the groups of persons involved.

“The menstrual products for school and little children should be tax-free, but for working females, it shouldn’t be,” she said during her vetting on Friday, May 26, 2023.

It is, however, unclear how the Chief Justice nominee sees this being practicalised.

AE/OGB