by
Maxwell Boamah Amofa
Introduction:
Ghana, a country with a rich cultural heritage and diverse population, has been grappling with issues surrounding LGBTQ+ rights and acceptance. In recent years, debates and discussions have intensified, bringing to the forefront the complexities of the LGBTQ+ situation in the country.
Historical /cultural Context:
Ghana, like many African nations, grapples with deeply ingrained cultural and religious beliefs that often do not accommodate LGBTQ+ rights. According to the 2021 government census, approximately 71 percent of the population are Christian, 20 percent Muslim, 3 percent adhere to indigenous or animistic religious beliefs, and 6 percent belong to other religious groups or have no religious beliefs.
Ghanaians’ perception on LGBT (Lesbian, Gay, Bisexual, and Transgender) issues is deeply rooted in their religious and cultural beliefs, particularly Christianity, which is the predominant religion in Ghana according to the 2021 nationwide census. The Bible, as the sacred text of Christianity, is often invoked to support the rejection of LGBT practices. For instance , in Leviticus 18:22, it states that: “Do not have sexual relations with a man as one does with a woman; that is detestable.” Additionally, in Romans 1:26-27, it is written that: “Because of this, God gave them over to shameful lusts. Even their women exchanged natural sexual relations for unnatural ones. In the same way the men also abandoned natural relations with women and were inflamed with lust for one another. Men committed shameful acts with other men, and received in themselves the due penalty for their error.” These verses are frequently referenced to argue against homosexuality. Accordingly, Ghanaian Christians believe a man shall leave his father and his mother and hold fast to his wife, and they shall become one flesh (Genesis 2:24).” This reaffirms what Jesus emphasized about marriage in Matthew 19:4-6, as a divine institution intended for one man and one woman. For this reason, the institution of marriage is consistently portrayed as a union between a man and a woman.
Islam, like Christianity, condemns homosexual behavior. In the Quran, several verses are often cited to emphasize the prohibition of same-sex relationships: In Surah Al-A’raf (7:80-84): “And Lot said to his people, ‘Do you commit such immorality as no one has preceded you with from among the worlds? Indeed, you approach men with desire, instead of women. Rather, you are a transgressing people.’ But the answer of Lot’s people was only that they said, ‘Evict them from your city! Indeed, they are men who keep themselves pure.’ So we saved him and his family, except for his wife; she was of those who remained (with the evildoers) and we rained upon them a rain (of stones). Then see how was the end of the criminals.”
This passage refers to the story of Prophet Lot (Lut in Arabic), who lived among a people that engaged in homosexual acts. The punishment they received from God serves as a warning against such behavior.
Ghanaians, like many other African societies, hold strong traditional values centered around family, community, and morality. LGBTQ+ practices are often seen as contrary to these values. For instance, in Ghanaian culture, procreation and family lineage are highly valued, and same-sex relationships are often viewed as a threat to these values. Furthermore, religion in Ghana is deeply intertwoven with social and political life. Considering the distribution of the Ghanaian population and their affiliation to various religions, one could argue that; to win elections will largely depend one’s ability to appeal to the religious values and institutions
In this context, whether by honesty or out of political expediency, many Ghanaian leaders are associated with one of these religions and often see it as their duty to uphold religious values in the society. This includes rejecting behaviors that are deemed immoral according to the teachings of the sacred books. Former President John Dramani Mahama, for instance, has stated unequivocally that his believe in the Christian faith does not accept LGBTQ+ as a right, while the current vice president of Ghana, Dr. Mahamadou Bawumia has voiced out a strong opposition to the legitimization of LGBTQ+ rights based on his Islamic values.
Challenges Faced by the LGBTQ+ Community:
One of the primary challenges faced by the LGBTQ+ community in Ghana is social stigma and discrimination. Many LGBTQ+ individuals experience prejudice, harassment, and violence, both within their communities and from broader society. This hostile environment often forces individuals to conceal their sexual orientation or gender identity, leading to mental health issues and a lack of access to essential services. The official position on this presents a contextual perspective to this experience and we shall briefly be taking a look at the extant legal frameworks in Ghana with respect to the LGBTQ+ community.
Legal and Policy Landscape:
LGBTQ+ rights still have a disputed legal status in Ghana. At the moment, there are no specific laws criminalizing homosexuality in Ghana. However, section 104 of the criminal code states that;
(1) Whoever has unnatural carnal knowledge—
(a) of any person of the age of sixteen years or over without his consent shall be guilty of a first degree felony and shall be liable on conviction to imprisonment for a term of not less than five years and not more than twenty-five years; or
(b) of any person of sixteen years or over with his consent is guilty of a misdemeanour; or
(c) of any animal is guilty of a misdemeanour.
(2) Unnatural carnal knowledge is sexual intercourse with a person in an unnatural manner or with an animal.
Section 1(a), (b)and (c) are quite clear in its prescription. However, the contention lies on what constitutes ‘unnatural carnal knowledge’ or ‘sexual intercourse in an unnatural manner’. Ordinarily, one may argue that penetration through the anus is not natural as the anus was not designed for that purpose. The law was put in a strategic manner to avoid gender biases and to ensure it is gender neutral, but this also raises significant questions on whether anal sexual intercourse between a couple (a man and a woman) also falls under section 104 (2) of the law. Assuming the spirit of the law only targeted heterosexual males, that will amount to direct discrimination based on sex. However, other issues also arise such as whether oral sex or even the use of condom constitutes unnatural manner because the mouth was not designed for that purpose neither has condom naturally been part of sexual intercourse. In relation to these issues, The Proper Human Sexual Rights and Ghanaian Family Values bill specifically targeting LGBTQ+ advocacy and support have been passed by the Parliament of Ghana, with the intent of protecting what it describes as traditional family and sexual behaviour. The bill imposes up to 5 years of prison sentences for promoting LGBTQ+ activities.
International scope
The LGBTQ+ situation in Ghana has drawn international attention and pressure from human rights organizations, governments, and advocacy groups. Calls for decriminalization, protection of LGBTQ+ rights, and ending discrimination have been echoed globally, adding to the complexities of the debate within Ghana. The United States and other western nations, as well as international institutions like the United Nations Human Rights Commission, have criticized the bill as draconian. According to them, it will lead to discrimination against certain people on the basis of gender, and violate the right to privacy, freedom of association, among others. These rights are primarily coded in the Universal Declaration of Human Rights.
This has precipitated the need for a debate on the UDHR as a legal document. It is worth noting that the UDHR was adopted by the United Nations General Assembly Resolution 217 A (III) on 10 December 1948. Ghana was born out of the former Gold Coast in 1957, after attaining Independence from the British colonial forces on 6th of March, 1957. Hence, Ghana could not be considered a member of the independent states that adopted the resolution. However, the provisions of the UDHR have largely been considered customary international law due to their extensive practice by member states of the UN. This does not, however, make it a binding document because only the United Nations Security Council has the power to make binding resolutions. Hence, enforcing rights on states on the basis of the UDHR may be problematic.
Other issues may include whether sex and gender even have the same connotation. Chief proponent of the bill, Hon. Samuel Nartey George, has argued that sex is a natural construct that is based on the X and Y chromosomes, while gender is a social construct based on societal values. Therefore, while every society may have different genders, a society cannot have different sexual orientations other than the ones given at birth. For that reason, Ghana’s Family Values bill doesn’t contradict the principles of the UDHR on discrimination because the UDHR doesn’t mention gender, but rather prohibits discrimination on the basis of sex. Such uncertainties in international legal instruments may be problematic going forward. Whether the issue of sex and gender are the same or have to be separated in revised documents will largely depend on how extensive such argument(s) may be applied.
The Proper Human Sexual Rights and Ghanaian Family Values bill passed by the parliament of Ghana represents a significant shift from the traditional reservations towards LGBTQ+ rights to a broader position of fighting the spread of such ‘non-traditional Ghanaian values.’ However, the bill requires the assent of the president of Ghana to become law. This has raised a lot of controversies as well. The finance ministry has argued that assenting to the bill will have severe ramifications on Ghana’s access to $3.8bn (£3bn) in World Bank funding over the next five to six years. Ghana’s continuous dependency of foreign aid will then be one of the key factors in deciding whether such bill will be assented to by the president for it to become a binding law.
However, despite the challenges, there are grassroots movements and international organizations in Ghana advocating for LGBTQ+ rights. These groups work tirelessly to raise awareness, provide support, and push for legal reforms to protect the rights of LGBTQ+ individuals. Even though they often face backlash and threats from various traditional groups and individuals opposed to LGBTQ+ rights, they have managed to table a petition at the supreme court restraining the president from signing the bill into law. The actions of these right groups have exacerbated the already brewing skepticism about their role in Ghana’s political architecture and the importance of upholding Ghana’s sovereignty as an independent nation.
Conclusion:
Addressing the LGBTQ+ situation in Ghana requires a multi-faceted approach that involves legal reforms, public education, dialogue between stakeholders, and protection of human rights. Efforts to combat stigma, discrimination, and violence must be prioritized, ensuring that all individuals, regardless of sexual orientation or gender identity, can live safely and with dignity. The situation of LGBTQ+ rights in Ghana reflects broader global challenges of balancing cultural norms, human rights, and societal acceptance. While progress has been made in some areas, significant hurdles remain, highlighting the need for ongoing dialogue, advocacy, and action to create a more inclusive and equitable society for all Ghanaians.
Maxwell is a graduate student of International Human Rights and Humanitarian Law at the European University, Viadrina, and an intern at the West African Transitional Justice Centre