Jump to content

LGBT rights in Ghana

From Wikipedia, the free encyclopedia

This is an old revision of this page, as edited by AfricaTanz (talk | contribs) at 19:15, 11 November 2013 (→‎International Covenant on Civil and Political Rights; Universal Declaration of Human Rights). The present address (URL) is a permanent link to this revision, which may differ significantly from the current revision.

LGBT rights in Ghana Ghana
Ghana
StatusMale illegal, female uncertain
Penalty3 years imprisonment if consensual
Gender identity–

Lesbian, gay, bisexual, and transgender (LGBT) persons in Ghana face legal challenges not experienced by non-LGBT residents. Male same-sex sexual acts are illegal in Ghana, although it is uncertain whether female same-sex sexual activity is legal.

Law regarding same-sex sexual activity

Under Ghanaian criminal law, same-sex sexual activity among males is illegal. It is uncertain whether same-sex sexual activity among females is illegal.

Chapter 6 of the Criminal Code, 1960, as amended by The Criminal Code (Amendment) Act, 2003, provides:

  • Section 104. Unnatural Carnal Knowledge.

(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....

(2) Unnatural carnal knowledge is sexual intercourse with a person in an unnatural manner....[1]

Under Section 99, "unnatural carnal knowledge shall be deemed complete upon proof of the least degree of penetration".[2]

According to Section 296 of the Criminal Procedure Code, which applies because of Section 1 of the Criminal Code, a misdemeanour is punishable by imprisonment for not more than three years.[2]

Section 12(2) of Chapter 5 of the Constitution of Ghana provides that, "Every person in Ghana, whatever his race, place of origin, political opinion, colour, religion, creed or gender shall be entitled to the fundamental human rights and freedoms of the individual contained in this Chapter but subject to respect for the rights and freedoms of others and for the public interest."[3]

In 2013, the United States offered to help Ghana develop legislation to protect the rights of LGBT persons.[4]

Recognition of same-sex relationships

There is no legal recognition of same-sex couples under Ghanaian law.[citation needed]

Discrimination protections

Ghanaian law does not protect persons from discrimination based on sexual orientation.[citation needed]

Adoption of children

A single person may apply to adopt a child if that person is a citizen of Ghana, except that a single male may adopt only if the child to be adopted is his biological child. Same-sex couples are not allowed to adopt children.[5]

Living conditions

According to a 19 August 2004 Afrol News report, Prince MacDonald‚ the leader of the organisation for gays, lesbians, bisexuals, and transsexuals in Ghana, commented that "there are lots and lots of people in our prison home who have been caught by this unfriendly law". He said that the "police beat and punish people who are found to be gays".[6]

On 1 September 2006, the BBC reported that the Ghanaian government had banned an LGBT rights conference that was alleged to be taking place on 4 September at the Accra International Conference Centre and at a venue in the city of Koforidua.[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. Supporting such a conference, or even allowing it, will encourage that tendency which the law forbids. Government would like to make it absolutely clear that it shall not permit the proposed conference anywhere in Ghana. Unnatural carnal knowledge is illegal under our criminal code. Homosexuality, lesbianism[,] and bestiality are therefore offences under the laws in Ghana." The conference eventually appeared to be a hoax.[8]

On 21 July 2011, Paul Evans Aidoo, the Western Region Minister, ordered all gay people in the west of the country to be rounded up and arrested and called on landlords and tenants to inform on people they suspected of being gay.[9]

At the Commonwealth Heads of Government Meeting in November 2011, then President John Atta Mills pledged to never initiate or support any attempt to legalize homosexuality in Ghana. This was in response to British Prime Minister David Cameron's comment that the United Kingdom would consider cutting off aid to any country that failed to recognize gay rights. Mills said that Cameron "does not have the right to direct other sovereign nations as to what they should do especially where their societal norms and ideals are different from those that exist" in Britain.[10]

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 August 24; however, it had not been heard by year's end.[11]

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.[12]

In February 2012, President Mills reiterated the Ghana government's stance on LGBT rights, stating that,

We have made our positions well known. Ghanaian societies frown on homosexuality ... if the people's interest is that we do not legalize homosexuality, I don't see how any responsible leader will decide to go against the wishes of his people. I heard what the secretary general said and I wasn't surprised because of where he is coming from, but we only listened to him. We have all made our positions well known. Nobody can say in Ghana we discriminate against homosexuality, there is no witch-hunting on homosexuality ... that is their own problem so we only listen and move on. The secretary general has made his views known and we have also made our views known so the value is the same.[13]

Universal Periodic Review by the United Nations Human Rights Committee in 2012

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 country that initiated the recommendation is listed in parentheses):[14]

  • Decriminalize same-sex relations between consenting adults (France,[14]: page: 23 ¶ 126.16  Slovenia, [14]: page: 23 ¶ 126.17  Czech Republic[14]: page: 23 ¶ 126.18 )
  • Promote tolerance about same-sex relations (Czech Republic[14]: page: 23 ¶ 126.18 ) and combat homophobia (Slovenia,[14]: page: 23 ¶ 126.19  Belgium[14]: page: 23 ¶ 126.20 )
  • Combat violence, stigmatization, and discrimination towards persons based on their sexual orientation (Portugal[14]: page: 23 ¶ 126.21 )
  • Eliminate the crime of "unnatural sexual relations" and adopt measures to eradicate discrimination motivated by sexual orientation and gender identity (Spain[14]: page: 23 ¶ 126.22 )
  • 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[14]: page: 23 ¶ 126.23 )
  • 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[14]: page: 23 ¶ 126.24 )
  • Train police, first responders, the justice system, and social services officials to respect and fully protect the human rights of LGBT persons (United States[14]: page: 23 ¶ 126.23 )

Ghana rejected all of these recommendations.[14]: page: 22 ¶ 126 

Ghana's obligations under international law and treaties

Overview

According to the United Nations High Commissioner for Human Rights in 2012, the legal obligation of nations to protect the human rights of LGBT and intersex people "are well established in international human rights law on the basis of the Universal Declaration of Human Rights and subsequently agreed international human rights treaties." This includes the "rights to life, security of person[,] and privacy, the right to be free from torture, arbitrary arrest[,] and detention, the right to be free from discrimination[,] and the right to freedom of expression, association[,] and peaceful assembly."[15] The declaration is "widely regarded as forming part of customary international law".[16]

International Covenant on Civil and Political Rights; Universal Declaration of Human Rights

In 1994, the United Nations Human Rights Council (UNHRC) confirmed in Toonen v. Australia[17] that laws criminalizing consensual same-sex activity violate both the right to privacy and the right to equality before the law without any discrimination, contrary to Article 17 of the International Covenant on Civil and Political Rights[18] (the "Covenant"). Those laws interfere with privacy rights, regardless of whether they are actively enforced, and "run counter to the implementation of effective education programmes in respect of HIV/AIDS prevention" by driving marginalised communities underground. The UNHRC has subsequently affirmed this position on many occasions by urging countries to repeal laws that criminalize consensual same-sex activity and thereby bring their legislation into conformity with the Covenant.[19][20][21][22][23][24][25]: page: 6 ¶ 27 [26][27][28][29][30][31][32][33][34][35][36][37][38][39]

The United Nations Working Group on Arbitrary Detention in June 2002 found that arrests for being homosexual or for engaging in consensual homosexual conduct are, by definition, human rights violations.[40] The arrests constitute an arbitrary deprivation of liberty in contravention of Article 2, Paragraph 1 of the Universal Declaration of Human Rights and of Article 2, Paragraph 1[41] and Article 26[42] of the Covenant.

Ghana ratified the Covenant on 7 September 2000.[43] Ghana's initial report about its compliance with the Covenant is more than twelve years overdue.[44]

International Covenant on Economic, Social and Cultural Rights

Article 2(2) of the International Covenant on Economic, Social and Cultural Rights (ICESCR) requires each signatory to "guarantee that the rights enunciated in the present Covenant will be exercised without discrimination of any kind as to race, colour, sex, language, religion, political or other opinion, national or social origin, property, birth[,] or other status." In 2009, the United Nations Committee on Economic, Social and Cultural Rights said that "other status" includes both sexual orientation and gender identity.[45] The committee is charged with monitoring the implementation of ICESCR.[46] Ghana ratified the ICESCR on 7 September 2000[47] and signed its optional protocol on 24 September 2009.[48] Ghana's initial report about its compliance with the ICESCR is more than ten years overdue.[49]

Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment

Article 2 of the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment requires each state party to "take effective legislative, administrative, judicial or other measures to prevent acts of torture in any territory under its jurisdiction". Article 1.1 defines "torture" to be,

Any act by which severe pain or suffering, whether physical or mental, is intentionally inflicted on a person for such purposes as obtaining from him or a third person, information or a confession, punishing him for an act he or a third person has committed or is suspected of having committed, or intimidating or coercing him or a third person, or for any reason based on discrimination of any kind, when such pain or suffering is inflicted by or at the instigation of or with the consent or acquiescence of a public official or other person acting in an official capacity.[50]

The Committee Against Torture, which officially monitors the implementation of the convention by state parties to the convention, has said that the protection of minority or marginalized individuals or populations especially at risk of torture is a part of the obligation to prevent torture or ill-treatment. Their laws against torture must cover all persons, regardless of "gender, sexual orientation, [or] transgender identity".[51] Ghana ratified the convention on 7 September 2000.[52]

See also

References

  1. ^ "Ghana Country Survey", International Lesbian, Gay, Bisexual, Trans and Intersex Association
  2. ^ a b "Ghana LGBTI Legal Resources", Fahamu Refugee Legal Aid
  3. ^ The Constitution of the Republic of Ghana
  4. ^ "US offers Ghana assistance in moving forward on LGBT rights", GayStarNews, reported by Andrew Potts, 7 October 2013
  5. ^ Intercountry Adoption: Ghana, Bureau of Consular Affairs, U.S. Department of State, October 2010
  6. ^ "Ghana's gays organise to fight British criminal law", Afrol News, 19 August 2004
  7. ^ "Ghanaian gay conference banned", BBC News, 1 September 2006
  8. ^ "Somewhere over the rainbow", authored by Mark S. Luckie
  9. ^ "Ghana cracks down on gays", Star Online, 21 July 2011
  10. ^ "I will never support legalizing homosexuality, Ghana's President says", National Post, 2 November 2011
  11. ^ 2011 Country Reports on Human Rights Practices: Ghana, Bureau of Democracy, Human Rights and Labor, U.S. Department of State
  12. ^ 2012 Country Reports on Human Rights Practices: Ghana, Bureau of Democracy, Human Rights and Labor, U.S. Department of State
  13. ^ "No responsible leader will legalise homosexuality - Mills", I am a Ghanaian
  14. ^ a b c d e f g h i j k l m Report of the Working Group on the Universal Periodic Review: Ghana, U.N. Human Rights Council, A/HRC/22/6, 13 December 2012
  15. ^ "Born Free and Equal: Sexual Orientation and Gender Identity in International Human Rights Law", Office of the High Commissioner for Human Rights, United Nations, page 10, 2012
  16. ^ "Digital record of the UDHR", Office of the High Commissioner for Human Rights, United Nations, February 2009
  17. ^ Views of the Human Rights Committee under article 5, paragraph 4, of the Optional Protocol to the International Covenant on Civil and Political Rights, Fiftieth session, CCPR/C/50/D/488/1992, 4 April 1994
  18. ^ International Covenant on Civil and Political Rights, Article 17
  19. ^ Human Rights Committee Concluding Observations: United States of America, A/50/40, paragraph 287, 3 October 1995
  20. ^ Concluding Observations of the Human Rights Committee: Cyprus, CCPR/C/79/Add.88, paragraph 11, 6 August 1998
  21. ^ Concluding Observations of the Human Rights Committee: Chile, CCPR/C/79/Add.104, paragraph 20, 30 March 1999
  22. ^ Concluding Observations of the Human Rights Committee: Lesotho, CCPR/C/79/Add.106, paragraph 13, 8 April 1999
  23. ^ Concluding Observations of the Human Rights Committee: Romania, CCPR/C/79/Add.111, paragraph 16, 28 July 1999
  24. ^ Concluding Observations of the Human Rights Committee: Egypt, CCPR/CO/76/EGY, paragraph 19, 28 November 2002
  25. ^ Concluding Observations of the Human Rights Committee - Kenya, United Nations Human Rights Committee, 83rd Session, CCPR/CO/83/KEN, 29 April 2005
  26. ^ Concluding Observations of the Human Rights Committee: United States of America, CCPR/C/USA/CO/3, paragraph 25 on page 8, 15 September 2006
  27. ^ Concluding Observations of the Human Rights Committee: Barbados, CCPR/C/BRB/CO/3, paragraph 13 on page 5, 11 May 2007
  28. ^ Concluding Observations of the Human Rights Committee: Algeria, CCPR/C/DZA/CO/3, paragraph 26 on page 9, 12 December 2007
  29. ^ Concluding Observations of the Human Rights Committee: Saint Vincent and the Grenadines, CCPR/C/VCT/CO/2, paragraph 8 on page 2, 24 April 2008
  30. ^ Concluding Observations of the Human Rights Committee: Botswana, CCPR/C/BWA/CO/1, paragraph 22 on page 6, 24 April 2008
  31. ^ Concluding Observations of the Human Rights Committee: United Republic of Tanzania, CCPR/C/TZA/CO/4, paragraph 22 on page 6, 6 August 2009
  32. ^ Concluding Observations of the Human Rights Committee: Grenada, CCPR/C/GRD/CO/1, paragraph 21 on page 6, 14 August 2009
  33. ^ Concluding Observations of the Human Rights Committee: Uzbekistan, CCPR/C/UZB/CO/3, paragraph 22 on page 7, 7 April 2010
  34. ^ Concluding Observations of the Human Rights Committee: Cameroon, CCPR/C/CMR/CO/4, paragraph 11 on pages 3-4, 4 August 2010
  35. ^ Concluding Observations of the Human Rights Committee: Togo, CCPR/C/TGO/CO/4, paragraph 14 on pages 3-4, 18 April 2011
  36. ^ Concluding Observations of the Human Rights Committee: Ethiopia, CCPR/C/ETH/CO/1, paragraph 12 on pages 3-4, 19 August 2011
  37. ^ Concluding Observations of the Human Rights Committee: Islamic Republic of Iran, CCPR/C/IRN/CO/3, paragraph 10 on page 3, 29 November 2011
  38. ^ Concluding Observations of the Human Rights Committee: Jamaica, CCPR/C/JAM/CO/3, paragraph 8, pages 2-3, 17 November 2011
  39. ^ Concluding Observations of the Human Rights Committee: Turkmenistan, CCPR/C/TKM/CO/1, paragraph 21, 19 April 2012
  40. ^ Communication addressed to the Government on 3 September 2001, United Nations Working Group on Arbitrary Detention, Opinion No. 7/2002 (Egypt), adopted 21 June 2002
  41. ^ International Covenant on Civil and Political Rights, Article 2, Paragraph 1
  42. ^ International Covenant on Civil and Political Rights, Article 26
  43. ^ Status of the International Covenant on Civil and Political Rights, United Nations Treaty Collection, 17 August 2012
  44. ^ Overdue Reports, Centre for Civil and Political Rights, 11 November 2013
  45. ^ General Comment No. 20: Non-Discrimination in Economic, Social and Cultural Rights, United Nations Committee on Economic, Social and Cultural Rights, E/C.12/GC/20, paragraph 32, 2 July 2009
  46. ^ Committee on Economic, Social and Cultural Rights, Office of the High Commissioner for Human Rights, United Nations
  47. ^ Status of the International Covenant on Economic, Social and Cultural Rights, United Nations Treaty Collection, 11 November 2013
  48. ^ Status of the Optional Protocol to the International Covenant on Economic, Social and Cultural Rights, United Nations Treaty Collection, 11 November 2013
  49. ^ Reporting Status for Ghana: International Covenant on Economic, Social and Cultural Rights, Office of the High Commissioner for Human Rights, 11 November 2013
  50. ^ Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment
  51. ^ "General Comment No. 2 - Implementation of Article 2 by States Parties", Committee Against Torture, CAT/C/GC/2, 24 January 2008, page 6, paragraph 21
  52. ^ Status of the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, United Nations Treaty Collection

External links

Retrieved from "https://en.wikipedia.org/w/index.php?title=LGBT_rights_in_Ghana&oldid=581221639"