Are The Laws Of Ghana Vague On Homosexuality?

“In the name of the Almighty God we the people of Ghana, in exercise of our natural and inalienable rights...” Preamble, 1992 Constitution of Ghana.

In September, 2006 the Government of Ghana banned a proposed lesbian, gay, bisexual, and transgender right conference in the country. The decision to disallow a gay conference in Ghana received a sharp condemnation from some gay advocates. It was argued, among others, that the position of the laws of Ghana is discriminatory. Ironically, it is been argued today that the laws of Ghana do not clearly interpret what homosexuality means. Mr Ernest Kofi Abotsi, a Law lecturer at KNUST, is quoted to have said in an interview with City Fm that it is “almost impossible for the act of homosexuality to be considered criminal” in Ghana because the 1992 Constitution and the Criminal Offences Act, 1960 (Act 29) do not clearly interpret what homosexuality means (See: http://www.ghananewsnow.com/articles/ghanas-laws-do-not-prohibit-homosexuality-lecturer/). On Monday, 7th June, 2010, I personally listened to Mr. Abotsi and an alleged lesbian while they were commenting on homosexuality in Ghana during the 6:00 pm Joy Fm’s news broadcast. According to the alleged lesbian, she was born as a lesbian (borne by whom?). The Law lecturer stated that under articles 21 (1) (a) (freedom of speech and expression) and 33(5), it could be argued that homosexuality is not prohibited in Ghana. He further added that Section 104 of Act 29 does not clearly relate to homosexuality. These comments, in my view, are worthy of scrutiny. Are the laws of Ghana vague on homosexuality?

The 1992 Constituion and Act 29 Chapter five of the Constitution contains provisions on fundamental human rights and freedoms. They include right to life, privacy and fair trial, equality and freedom from discrimination, protection of personal liberty, respect for human dignity, and freedom of speech and expression (does it include sexual orientation?). According to article 33(5), the rights specifically stated under this chapter do not exclude other rights not specifically mentioned which are considered to be inherent (essential part of something) in a democratic state, and intended to secure the freedom and dignity of man. Does homosexuality secure freedom and dignity of man? Right to sexual orientation is not specifically mentioned in the Constitution. Homosexuality has been legalised in South Africa, Canada and United Kingdom, which are apparently democratic nations. Does this therefore mean homosexuality is legal in Ghana? In my view, article 33(5) is not a blank cheque for the exercise of every so-called right in Ghana merely on the ground that other democratic nations have permitted them.

According to article 12(2), every person in Ghana shall be entitled to the fundamental human rights and freedoms of the individual contained in chapter five but subject to respect for the rights and freedoms of others and for public interest. Our constitution defines public interest to include any right or advantage which will or is intended to benefit generally the people of Ghana. Is the practice of homosexuality in Ghana in the interest of Ghanaians? Certainly, the reasonable answer is no! Homosexuality is a grave threat to public health and morals. AIDS is, for example, generally attributed to the promiscuity of homosexual men (See: http://www.conservapedia.com/homosexuality-and-health). Homosexuality practice has a significant high incidence of several diseases such as gonorrhoea, syphilis and obesity-among lesbians. According to Centre for Disease Control and Prevention (CDC), of newly diagnosed HIV infection in the United States in 2003, about 63% were among men who were infected through sexual conduct with other men. WebMD, a prominent medical website, in 2004 stated that “men who have sex with men and women are a ‘significant bridge for HIV to women.” Besides, same-sex is a threat to marriage (which is naturally a heterosexual institution-Genesis 2:24 and 1Corinthians 7:2) in Ghana. The purpose of marriage is for procreation, to enhance the continuation of human beings, but homosexuality offers contrary results. Homosexuality at best procreates diseases, breakdown of families and curses!

Mr. Ernest Kofi Abotsi has argued that what constitutes an unnatural sexual relationship depends on a person’s own personal experience, the person’s own concept of what is good and bad and morality among others. To him, “from a purely critical and academic point, it is difficult to say that our laws prohibits homosexuality.” I respectfully disagree with Mr. Abotsi. In my view, the harmful effects of homosexuality cannot be whitewashed by critical thinking and a mere academic exercise. Besides, what is natural is not decided by a person’s experience, conception or morality. It must be noted that to ignore the truth does not change the truth. In addition, to my knowledge and understanding, homosexuality is clearly prohibited in Ghana. According to Section 104(1) of Act 29, it is a criminal offence for a person to have an unnatural carnal knowledge of another person of not less than 16years of age with or without the other person’s consent. Under Section 104(2), unnatural carnal knowledge is sexual intercourse with a person in an unnatural manner or, with an animal. Is anal sex for example a natural manner of having sex? I do not think the answer to this question will necessarily depend on a person’s experience, conception or morality. The Compact Oxford English Dictionary (3rd edition, 2005), defines the word natural, as an adjective, as follows -1.existing in or obtained from nature (the physical world as opposed to things made by people); not made or caused by humans, and 2. in accordance with nature; normal or to be expected. It may thus be concluded that what is natural does not depend on the view of a person, but God. The combined effect of Genesis 2:24 and 1Corinthians 7:2 is that God expects sexual intercourse to happen between only a husband and a wife. That is why He created Eve as a wife for Adam, not another Adam. God saw that Adam needed a wife, not a man. In the sight of God, even fornication and adultery are sinful in the sense that they abuse the laws of nature relating to sexual intercourse. Therefore, it is very deceptive to say that homosexuality and lesbianism are other natural means of having sex. Even rapists know that this is not factual. Rapists rarely attempt to rape their fellow males. Homosexual Impulses are not Inherited Some homosexuals believe that they are born with homosexual lifestyle. Is this belief borne out of foolishness or ignorance? Contrary to the view that homosexuality is innate and that sexual preference cannot be changed or even ended. Studies have shown that homosexual behaviour is learned. No research has found provable biological or genetic differences between heterosexuals and homosexuals that were not caused by their behaviour. According to Paul Cameron (PhD), Chairman of the Family Research Institute of Colorado Springs, Colorado, USA, sexual orientation is not inherited. Homosexual impulses are not inherited but are mainly caused by homosexual experience, family abnormality, unusual sexual experience (particularly in early childhood), and cultural influences (societal and legal toleration of homosexual acts). There is also a fallacy in the view that one cannot eschew homosexuality. It is an established fact that many people have turned away from homosexuality. With discipline and self-control, homosexuals can abstain from this harmful conduct, just as many heterosexuals control their desires to engage in pre-marital sex or adultery. Besides, a person who wants to abstain from homosexuality should simply shun the company and advice of practicing homosexuals and their buddies.

Conclusion Not all rights are right. Homosexuality is illegal, abnormal and immoral in the Ghanaian society. It is an affront to public interest because it is harmful to public health. Homosexuality is neither natural nor inalienable. Homosexuality is not a right that can be exercised in the name of the Almighty God.

Richard Obeng Mensah; [email protected]. The writer is the author of Persecutions are Promotions and If You Think of Your Opposition You Lose Your Position. He is also the 2009 National Best Student Author/Writer.