LGBT rights in Ghana

In 2013, a local lawyer, John Ndebugri challenged views on the illegality of lesbianism under Ghanaian law. According to him, lesbianism, which is also homosexuality, does not involve penetration with a penis and therefore cannot be described as sexual intercourse or unnatural, based on section 104 of the Criminal Code.[20] He added: "females don't have [sic] penis. They cannot penetrate," in a story published by MyJoyOnline.[20]

The law also applies to straight people who have anal or oral sex. Though the state "does not concern itself with this" because it is their private life, causing allegations of hypocrisy.[21]

Ghana's police force has protected members of the LGBT community. For example, in the town of Tamale, they aided gay men who were being blackmailed.[33]

There are also documented instances where the police have been the ones involved in violence against LGBT-identifying individuals. A woman reported that when her community discovered her sexuality, she was beaten by many community members, and was kicked in her mouth by a police officer.[4]

Given that Ghana still has anti-gay laws in place, the police are legally required to go after LGBT citizens at times. In 2016, a lesbian couple, accused of having a wedding, was arrested by the police.[34] In Ghana, being associated with LGBT acts warrants arrest and police action. Despite the laws in place, some LGBT groups, such as the Solace Initiative are providing LGBT citizens with human rights trained paralegals, so that when they face court, they can be aware of police violence or overreach of the law.[35][34]

The U.S. Department of State's 2011 Human Rights Report found that,

LGBT persons faced widespread discrimination [in 2010], as well as police harassment and extortion attempts. Gay men in prison were often subjected to sexual and other physical abuse. In June 2010[,] more than 1,000 protesters in Takoradi, Western Region, participated in a peaceful rally against reports of gay and lesbian activities in their city. This was reportedly the first such protest in the country. In May 2010[,] an HIV/AIDS training workshop was held in Takoradi for health- care workers. After the workshop, The Daily Graphic announced that 8,000 gay persons had been "registered" in the Western and Central Regions. However, experts in the field denied that there had been any such "registration". After the workshop[,] there was significant negative reporting in the media about homosexuality. In a June 2010 interview with The Daily Graphic, the Western Region minister called on the government to take steps to combat homosexuality. He included the possibility of police raids on locales frequented by gay men and lesbians, efforts by community leaders to "wean young people" away from homosexuality, and a public condemnation by the government. However, no arrests of persons were made in connection with his comments by year's end, and he did not repeat his call. It was reported that four men who worked within the community of gay men were arrested in May 2010 in connection with an alleged sexual assault and were later charged with sodomy. The case was first brought to the Takoradi Circuit Court on 24 August; however, it had not been heard by year's end.[36]

The U.S. Department of State's 2012 Human Rights Report found that,

LGBT persons faced widespread discrimination, as well as police harassment and extortion attempts. Gay men in prison were often subjected to sexual and other physical abuse. In March a gang of men assaulted nine people they believed to be LGBT individuals in Jamestown, a neighborhood of Accra, forcing them from their homes and attacking them with canes and sticks. The victims filed a complaint with a legal human rights organization. They said their homes were burgled while they were chased out. No arrests had been made in the case by year's end. In May a peer educator employed by an NGO to instruct sexual health education workshops was assaulted by a group of boys at a school in the Volta Region. The assault occurred after they discovered he was carrying safe-sex presentation materials such as condoms, wooden sex organ replicas, lubricant, and pamphlets. The peer educator was detained by police but later released. The boys were not charged.[37]

The United Nations Rapporteur's 2018 Human Rights Report found that,

While Ghana is meeting democracy and development goals, a quarter of the population lives in poverty with LGBT-identifying individuals being most subjected to this type of poverty.[3] Given their sexual orientation, it is difficult for them to find jobs.[3] Additionally, since many families disown their LGBT family members, this can leave them homeless.[3] The rapporteur recommended that Ghana repeal its legislation on adult consensual same-sexual activities, and that the government launch a public campaign to educate on the rights and legal and social services of those who are victims of sexual discrimination.[3]

The United Nations Human Rights Committee in October 2012 completed a Universal Periodic Review of the human rights situation in Ghana. The following recommendations were made to Ghana (the countries that initiated the recommendation are listed in brackets):[38]

• Decriminalize same-sex relations between consenting adults (France, Slovenia and the Czech Republic)[38]
• Promote tolerance about same-sex relations (Czech Republic)[38] and combat homophobia (Slovenia and Belgium)[38]
• Combat violence, stigmatization, and discrimination towards persons based on their sexual orientation (Portugal)[38]
• Eliminate the crime of "unnatural sexual relations" and adopt measures to eradicate discrimination motivated by sexual orientation and gender identity (Spain)[38]
• Ensure that the constitutional guarantee of equality and dignity are applied to LGBT persons. Ensure thorough and impartial investigation into all allegations of attacks and threats against individuals targeted because of their sexual orientation or gender identity (Norway)[38]
• Consider which recommendations of the High Commissioner on sexual orientation and gender identity can be taken into account in the further detailing of government policies (Netherlands)[38]
• Train police, first responders, the justice system, and social services officials to respect and fully protect the human rights of LGBT persons (United States)[38]

Ghana rejected all of these recommendations.[38]

According to a 2017 poll carried out by ILGA, 60% of Ghanaians agreed that gay, lesbian and bisexual people should enjoy the same rights as straight people, while 30% disagreed. Additionally, 59% agreed that they should be protected from workplace discrimination. 51% of Ghanaians, however, said that people who are in same-sex relationships should be charged as criminals, while 34% disagreed. As for transgender people, 64% agreed that they should have the same rights, 62% believed they should be protected from employment discrimination and 55% believed they should be allowed to change their legal gender.[39]

According to the Afro-barometer, Ghana places amongst the twenty least tolerable countries.[2] When asked if they would care if they were neighbors to homosexual(s), only 11% of Ghana’s population reported that they would be fine with this.[2] The continental average for African countries is 21%, so this places Ghana as nearly two times more intolerable towards homosexuals than the rest of the continent.[2]

When compared to other minority groups, such as people of a different ethnicity, different religion, foreign workers, or people infected with HIV/AIDS, Ghanaian citizens still reported having the most unfavorable feelings towards those who identify as a part of the LGBT community.[40] With 89% of Ghanaians sharing that they strongly/somewhat dislike LGBT individuals, this makes them the most disliked group in the country of Ghana. Additionally, when examined as to who is being polled, all different demographics—those of a different age, education, religion, living style (rural or urban,) gender—reported having a dislike towards homosexuals of 80% or more.[40] However, when individuals are more in contact with those of an LGBT identity, they are prone to be more tolerable.[40]

Nearly 90% of Ghanaians shared that they would report a daughter, relative, friend, or co-worker to the police if they knew that they were engaging in such behavior.[40] Additionally, 86% of Ghanaians stated they would support legislation to criminalize those who are in same-sex relationships.[40]

While serving as president of Ghana, the late John Evans Atta Mills vowed in 2011 not to legalise homosexuality despite UK Prime Minister David Cameron's threat to cut aid to Ghana because of its record on human rights for its gay population.[41] In February 2017, Speaker of the Parliament Aaron Mike Oquaye called for amending the laws of Ghana to ban homosexuality entirely.[42]

In November 2017, President Nana Akufo-Addo suggested that the legalisation of homosexuality in Ghana is inevitable and said he can foresee a change in the law.[43] Akufo-Addo, who grew up in England, said that LGBT rights will evolve in Ghana as they have in the United Kingdom, but affirmed that LGBT rights were not part of the government agenda at the moment. In response, LGBT activists announced they would hold a peaceful march in Accra in December.[44]

In August 2018, President Akufo-Addo stated that the Government of Ghana would not legalise same-sex marriage or decriminalise homosexuality.[45][46]

Many public officials from government and church organizations are publicly against the LGBT community. In March 2020, the National Women's Organizer of the National Democratic Congress shared that homosexuals should be killed.[26] Many pastors speak out against the LGBT community, such as Kofi Tawiah, Head Pastor of the Osu Church of Christ, who called on Ghanian Christians to violently attack LGBT people. In his statement, Tawiah also stated that homosexuality should be treated with capital punishment.[26]

The 2018 Human Rights Watch report noted that these types of comments made by government and public officials embolden homophobic acts of violence and discrimination towards the LGBT community.[31]

LGBT activism had largely been anonymous in Ghana. However, in the year 1998, a young man named Cobbina MacDarling who uses the pseudonym Prince Kweku MacDonald became one of its voices. Prince works with the Gay and Lesbian Association of Ghana (GALAG) which was later transformed into a human rights organization known as the Centre for Popular Education and Human Rights Ghana (CEPEHRG). In recent years, there have been several grassroot LGBT groups which have come together to form a bigger movement under the name Coalition Against Homophobia, Transphobia and Biphobia in Ghana. These groups operate underground. There are a few LGBT groups in Ghana, most of whom operate secretly online. One such group is FOTHA-Ghana (Friends of the Heart Alliance - Ghana)[47]. Members of the group operate through the dark web. To be seen supporting the views and interest of gays, lesbians and bisexuals can easily result in the attack or probable lynching of its members.

One of the groups that is public in its advocacy efforts is the Gay and Lesbian Association of Ghana (GLAG). Some of their work involves demystifying issues with the HIV/AIDS crisis.[48] Despite Ghana having a low infection rate, the government's public campaign efforts on this health crisis typically present it as an issue for straight individuals.[48] Most gay men acknowledged that they understood that HIV can be transmitted sexually, but they were unaware that it can be transmitted through anal sex as well.[48] Ghana receives funding to combat HIV/AIDS, but they discount the health risk presented for LGBT individuals.[48] The Gay and Lesbian Association of Ghana, along with other LGBT advocacy groups, counteract the government's misinformation by specifically addressing it to the LGBT community, and by distributing and teaching of the usefulness of condoms and lube in preventing infection.[48]

An issue with many activist groups is that their work is directly thwarted by the government. In September 2006, the BBC reported that the Ghanaian Government had banned an LGBT rights conference that was alleged to be taking place on September 4 at the Accra International Conference Centre.[7] Minister of Information and National Origin Kwamena Bartels said, "The government does not condone any such activity which violently offends the culture, morality[,] and heritage of the entire people of Ghana."[49]

In March 2020, a historic conference was to be held in Accra. The Pan Africa ILGA was aiming to hold its first conference in West Africa to develop strategies to improve LGBT rights, increase awareness of LGBT issues, and to protect queer youth in Africa.[50] After Ghana faced backlash from religious organizations, President Nana Akufo-Addo banned the event, citing that it would be considered illegal for such an event to be held in Ghana, since they legally condemn and criminalize same-sex acts amongst adults.[50]

LGBT advocacy efforts are often opposed and made illegal by the government, but anti-LGBT groups are embraced. In October 2019, The World Congress of Families, a US-based anti-LGBT group, held a conference in Accra.[51] On the agenda for their conference, they planned to push the necessity of conversion therapy in Africa.[51] These types of conferences are not the only types of anti-LGBT sentiments being shared and embraced in Ghana. It is also documented that vigilante groups go after the LGBT community in Ghana. Such groups spy, blackmail, and plan attacks on LGBT citizens, or those they suspect to be LGBT. Safety Empire is one of these vigilante groups, and in August 2015, they beat a young man they suspected to be gay in a town near the capital.[33]

On an international front, many external entities, such as the United Nations and other individual countries, speak in favor of LGBT rights. Groups that are pro-LGBT rights view these international statements unfavorably, since they are often viewed as statements that do not support their advocacy or efforts, and only reignite the hate and discrimination towards LGBT individuals.[52] An example of this is former President Atta Mills vowing to never legalize homosexuality when urged by the United Kingdom.[52] This brought the issue of homosexuality back to a national front, but not in a favorable position.