Homosexual acts in Ghana are punishable by imprisonment
Ghanaians are still divided on the proposal to criminalize ‘Promotion of Proper Human Sexual Rights and Ghanaian Family Values Bill, 2021’ also known as LGBTQ+ Bill before parliament.
Even though homosexual acts in Ghana are punishable by imprisonment and considered to be against the socio-cultural and religious norms and teachings, the latest move seems not to be welcomed by
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A team of 8 MPs led by Samuel Nartey George have jointly submitted a private bill to push for the criminalization of LGBTQI+ activities in the country.
But another group of Ghanaian citizens of 18 have issued a memorandum to parliament of Ghana against passage of the ‘Promotion of Proper Human Sexual Rights and Ghanaian Family Values Bill, 2021.’
Here is the list of reasons they want it rejected;
Violation of all the human fundamental right
The group indicated the bill before parliament violates all the fundamental human rights of Ghanaians.
The renowned individuals which include legal practitioners and professors stated that aside from violating the key fundamental freedoms under the constitution, the bill also violates the dignity and inviolability of every person guaranteed under Article 21 of the constitution.
“The Bill violates the right to inviolability of the person. It violates virtually all the key fundamental freedoms guaranteed under the Constitution, namely the right to freedom of speech and expression; the right to freedom of thought, conscience and belief; the freedom to practice any religion and to manifest such in practice (which includes the freedom not to practice any religion); the right to assemble, including the freedom to take part in processions and demonstrations; the freedom of association and the right to organize- in essence the fundamental human rights guaranteed under Article 21 of the Constitution.”
Denial of humanity and identity of LGBTQ persons
The Bill in its memorandum quotes the view expressed by the National House of Chiefs that, being LGBTQ+ is a “taboo and inhuman” under Ghanaian culture.
That statement, with all due respect to our traditional rulers, stigmatises the being and identity of LGBTQ+ persons and denies them their humanity.
It directly violates Article 15 (1) of the Constitution which provides that “The dignity of all persons shall be inviolable.” Importantly, by stigmatizing LGBTQ+ persons as inhuman, the Bill reinforces hatred for these persons and implies they have no place in our society and deserve to be eradicated. Under Article 21 (4) (e), the Constitution disapproves of any action that “incites hatred against other members of the community,” which is what this Bill does.
Criminalising freedom of speech and expression
The Bill in Clause 12 goes to the extreme of criminalising and prohibiting also ideas, views, and expressions promoting or advocating support for LGBTQ+ practices, including in films, or broadcasting of LGBTQ+ comments or opinions on the internet, in text messages that express support or sympathy for, or solidarity with LGBTQ+ identity, cause, views and activities.
Under Clause 12, any person who engages in any of these acts commits an offence which, on summary conviction, is liable to imprisonment for not less than five years or more than ten years.
This Clause directly violates Article 21(1) (a) of the Constitution, which provides thus: “All persons are entitled to freedom of speech and expression, which shall include the freedom of the press and other media.”
Were the Bill in force, all of us here expressing our opinions on this matter and those of you whose job it is to report news and information, would risk going to jail.
Criminalising right to assemble and organize
Clause 15 of the Bill seeks to disband existing LGBTQ+ organisations, and Clause 16 prohibits the formation or registration of groups, associations or organisations set up to engage in any activity having anything to do with LGBTQ+ causes. Anyone who does so is liable upon summary conviction to imprisonment for a term of not less than six years and not more than ten years.
Clause 15 is in direct contravention of Article 21 (1) (e) of our Constitution, which provides thus:
“All persons shall be entitled to freedom of association, which shall include freedom to form or join trade unions and other associations, national and international, for the protection of their interest.”
The Bill flagrantly violates also the fundamental freedom to assemble, including the right to take part in processions and demonstrations, as guaranteed in Article 21(1) (d) of the Constitution.
Ladies and gentlemen, the sponsors of the Bill have not provided, and cannot provide, a shred of evidence to demonstrate any harm that LGBTQ+ persons or their activities pose to society, which would then have provided a reasonable justification for such extraordinarily high-handed violent assault on their fundamental human rights and the rights of other citizens.
Furthermore, the sponsors fail woefully to provide any empirical evidence to support their attempt to show that the provisions of the Bill are necessary for the protection of any countervailing public interest or individual right.
So, they resort to so-called African cultural values and religious values, which they claim the overwhelming majority of Ghanaians subscribe to. However, what the Bill’s sponsors singularly misconceive is this:
Protecting fundamental human rights does not simply mean protecting the beliefs and interests of the overwhelming majority. It also means protecting the rights and freedoms of minorities and historically vulnerable groups, such as LGBTQ+ persons.
Article 21 (4) (e) implicitly enjoins Parliament to enact laws that protect vulnerable and unpopular minorities, fellow members of our community, from being targeted for hatred by a majority or another section of the community. The fact that the Bill purports to make provision for criminalising individuals who take the law into their hands by attacking or even lynching LGBTQ+ persons, is no protection against the actual license that the Bill generally gives the public to consider them inhuman and alien to Ghanaian culture.
Intrusion into privacy of persons
Another pernicious provision in the Bill is Clause 12, which makes it a criminal offence punishable by a term of imprisonment of not less than five years or more than 10 years for hosting in one’s house LGBTQ+ person or persons, for purposes prohibited by the Bill, regardless of the relationship of the host to the LGBTQ+ person. This provision essentially invites the police and neighbours to engage in acts that endanger and violate the privacy and property rights of such persons. It also places a duty on a parent to report a son or daughter, or siblings to report their brothers and sisters on suspicion of their sexuality, to the police!
Cultural and traditional values
On the question of Ghanaian cultural and traditional values, the sponsors of the Bill conveniently refuse to acknowledge that not all of our cultural and traditional values can stand up to the demands of inclusiveness, diversity, and fundamental rights within a democratic republic such as Ghana.
For instance, traditional Ghanaian values do not fully accept persons with disability as persons having full and equal rights as those without disability. Indeed, some communities have been known to practice ritual killing of children born with disabilities because they are deemed to be possessed by evil spirits.
Similarly, the customs and values of some communities, especially in the past, have also considered twins as an abomination, with the result that they, by custom and tradition, had to be killed as evil, just like how the Bill’s sponsors consider LGBTQ+ persons as inhuman and evil. The infamous witch camps in Northern Ghana and the Trokosi system.
