The code - which is rarely enforced - is interpreted by authorities as "penile penetration of anything other than a vagina". Ghanaian President Nana Akufo-Addo stated recently that same-sex marriage will "never" be legalised while he is president - but Dr Adjepong says this is "disingenuous". Right now queer people in Ghana are being attacked. They're asking for the freedom to live safely and without fear of this kind of violence. The church, where the president made his statement, was significant though, Dr Adjepong suggests.
And really the church promotes violent discourse against queer people about 'throwing them into the ocean', about how they 'don't belong here', about how they're 'bringing the downfall of the society'. Another week and the spirit of homophobia still lurks.
This is how Ghana is doing this week in the papers. The Christian Council of Ghana did not respond to requests for comment. In the same press release, homosexuality is called an "affront to human dignity" and "not a human right". Dr Adjepong, who was raised a Christian, says homophobia in Ghanaian churches in the past "wasn't as bad as it is now. The church has really taken to fever pitch".
Justice, a year-old gay man from Accra, was also set up by a man whom he had met on a social media platform. He described what happened:. Justice reported the incident but, in part out of fear that he would be arrested for planning to meet another man for sex, did not provide the police with full information about the incident. Several interviewees confirmed this. Alfred, a year old fashion designer from Accra, told Human Rights Watch that in June he was physically assaulted by four young men from his neighborhood, Mamprobi, who knew of his sexual orientation.
The police took his statement and gave him a medical form to take to Ghana Police Hospital for a medical examination. Alfred explained that as a member of the Akan group, he believes that if someone offends you, and they apologize, you must forgive them, so he did not pursue the case.
The police did not pursue the matter either, in fact they encouraged this arrangement. In one high-profile case, Accra police arrested a suspect in a vicious mob attack against a man, Arafat, in The attack was recorded and uploaded to Facebook.
After five court appearances in the Fast Track Court, both the prosecutor and the suspect, who had been released on bail, stopped coming to court.
Human Rights Watch was informed by representatives of an organization providing legal support to Arafat, that on June 8, , the magistrate struck the case off the court roll.
The fact that a widely reported case, with video evidence of the assault and a complainant who not only reported the case but also regularly attended court has not gone to trial leads LGBT people to question whether it is futile to seek justice in the aftermath of homophobic and transphobic violence. They did not want to investigate a new case against him. It was only when the Human Rights Advocacy Centre got involved and put pressure that they started following up and investigating.
The police eventually arrested and charged one suspect, who was detained for over four months, but he was released on bail in March The anti-gay law in Ghana is a colonial legacy and prosecutions are rare if ever. Unlike several of its neighbors, not only has Ghana not introduced additional penalties for adult consensual same-sex conduct, but two government agencies, the Ghana Police Force and the Commission on Human Rights and Administrative Justice have proactively tried to reach out to LGBT people and ensure their protection.
These functions are restated under section 7 of the CHRAJ Act, and since August , the CHRAJ has implemented an online complaint system for allegations of discrimination including on the basis of sexual orientation and gender identity. Several interviewees told Human Rights Watch that they are aware of the mandate of CHRAJ and that they feel comfortable to approach the institution for legal support. For instance, Simon, a year-old gay man from Kumasi told Human Rights Watch that after his ex-partner of three years reported him to the police for being gay, they were both arrested and detained from January , at Kumasi Central Police Station.
The Ghana Police Service has at times responded appropriately to abuses against LGBT people, and for example in cases of false accusations and blackmail of gay men or those suspected of being homosexual by members of the public. Several interviewees in Tamale told Human Rights Watch that they had not experienced police harassment or arbitrary arrests, and that the police service was responsive to their reports of harassment by members of the public.
Malik, a year old self-employed gay man from Tamale told Human Rights Watch:. According to a Ghanaweb news report, in March , two men were accused of having anal sex in the room by hotel attendants at Mataheko in Accra. At the October Universal Periodic Review UPR of its human rights record before the UN Human Rights Council, Ghana accepted out of recommendations, rejecting 25 regarding abolition of the death penalty and repeal of the provisions of Criminal Offences Act criminalizing adult consensual same-sex conduct.
Adopt measures and take steps aimed at raising public awareness to fight against the climate of homophobia that prevails in the country. Adopt proactive measures at all levels to combat violence, stigmatization and discrimination towards persons on the basis of their sexual orientation. Ensure that the provisions in the Constitution that guarantee equality and dignity are equally applied to members of the lesbian, gay, bisexual and transgender LGBT community and ensure thorough and impartial investigation into all allegations of attacks and threats against individuals targeted because of their sexual orientation or gender identity.
Consider the report of the High Commissioner on sexual orientation and gender identity and determine which of the recommendations can be taken into account in the further detailing of government policies. Train police, first responders, justice system and social services officials to respect and fully protect all human rights of every Ghanaian, including those who are lesbian, gay, bisexual, and transgender. As this report demonstrates, these institutions are essential for the protection of the rights of LGBT people in Ghana.
Sexual orientation and gender identity are not enumerated as prohibited grounds of discrimination. The Constitution ensures respect for human dignity, protection of personal liberty, and the right to privacy for all — this should be understood to extend to LGBT people. Chapter six of the Constitution sets out the Directive Principles of State Policy, including ones particularly pertinent to the protection of the human rights of LGBT people in Ghana, which must guide legislative and policy measures regarding sexual orientation and gender identity issues:.
While the act is silent on domestic violence motivated by sexual orientation and gender identity, LGBT individuals subjected to domestic violence are entitled to protection and legal recourse afforded by it.
Ghana has ratified several regional and international human rights treaties that obligate it to respect and protect the rights of LGBT people, including the right to equality before the law, non-discrimination, human dignity, privacy and the right to be free from violence.
Under Article 4 2 of the Maputo Protocol states are required to take necessary measures to enact and enforce laws to prohibit and punish all forms of violence against women.
Resolution underscores the obligation on African states to act with due diligence to protect LGBT individuals from all forms of violence. Ghana referenced Resolution at the UN Human Rights Council in June when abstaining from a vote on the appointment of a United Nations Independent Expert on protection against violence and discrimination based on sexual orientation and gender identity.
In its general recommendation No. Aisling Reidy, senior legal advisor; and Babatunde Olugboji, deputy program director, provided legal and programmatic reviews. Human Rights Watch would like to thank the numerous organizations and individuals that contributed to the research that went into this report. This report is dedicated to Abbubakar Sadiq Yussif, co-founder of Solace Foundation, without whose support this research would not have been possible. Synonym in many parts of the world for homosexual; used in this report to refer to the sexual orientation of a male whose primary sexual and romantic attraction is toward other males.
Fear of, contempt of, or discrimination against homosexuals or homosexuality, usually based on negative stereotypes of homosexuality.
Sexual orientation of a person whose primary sexual and romantic attractions are toward people of the same sex. Sexual orientation of a female whose primary sexual and romantic attraction is toward other females.
Men who have sexual relations with persons of the same sex, but may or may not identify themselves as gay or bisexual. MSM may or may not also have sexual relationships with women. The term describes whether a person is attracted primarily to people of the same sex, a different sex, both or neither. A transgender person usually adopts, or would prefer to adopt, a gender expression in consonance with their preferred gender but may or may not desire to permanently alter their bodily characteristics in order to conform to their preferred gender.
Help us continue to fight human rights abuses. Please give now to support our work. Human Rights Watch. Donate Now. Summary In mid-September , the District Chief Executive in my town called me for a meeting…I was taken to the conference room and made to sit in the middle of about 50 people. They asked me if I was a lesbian, and I said no. I started bleeding. Then everybody started to beat me. They took me outside, dragging me and beating me at the same time. A youth boy put a car tire around my neck and poured petrol over my body, ready to burn me.
The pastor said I should confess everything before I die. Recommendations To the President Publicly condemn all threats and acts of violence against lesbian, gay, bisexual and transgender people, including violence perpetrated by family members.
Adopt measures and take steps aimed at raising public awareness of the harm of homophobia that prevails in the country, and the need to combat it. In particular, hold accountable all public officials who make homophobic statements. Propose comprehensive legislation that prohibits all forms of discrimination, including on the grounds of sexual orientation and gender identity. To Parliament Repeal sections 1 b of the Criminal Offences Act that criminalizes adult consensual same-sex conduct.
Amend Chapter 5 of the Constitution on Fundamental Human Rights and Freedoms to include a specific prohibition of discrimination based on sexual orientation and gender identity. Introduce legislative and policy measures to prevent, protect, punish and provide effective remedies for lesbian, gay, bisexual and transgender individuals who are victims of violence on the basis of their real or imputed sexual orientation and gender identity and ensure enjoyment of their constitutional rights to equality and non-discrimination.
To the Inspector General of Police: Ghana Police Services Undertake prompt, independent, and effective investigations into allegations of acts of violence against LGBT people—whether in public spaces or in the home—always taking into account that such crimes may be motivated by hatred of their real or perceived sexual orientation and gender identity. Ensure that police stations provide a safe environment for LGBT persons to report cases of violence, including by establishing a human rights desk and a reporting hotline for cases of domestic violence.
Ensure all law enforcement officials fully comply with the Ghana Police Service Standard Operating Procedures while executing their duties in respect of providing services to LGBT victims of crime, in particular, to identify and arrest perpetrators. Ensure that police apply the provisions on equality, human dignity and discrimination in the Constitution in all their dealings with LGBT individuals.
Monitor, investigate and report on incidents of hate speech and incitement based on sexual orientation and gender identity in accordance with the protection mandate.
Effectively implement the actions adopted at the March workshop hosted by the Network of African National Human Rights Institutions in Nairobi, Kenya for staff of national human rights institutions on sexual orientation, gender identity and human rights, in particular: Conduct internal training on sexual orientation and gender identity issues for all staff at regional and district levels.
Organize symposia and workshops for police, non-governmental organizations, the judiciary, media, health practitioners and religious leaders on human rights and sexual orientation and gender identity issues. Launch a national public education campaign about rights protections, legal remedies, and social services available for victims of violence and discrimination, particularly as they relate to women's rights, sexual orientation, and gender identity.
To Donors Increase financial and technical assistance to civil society organizations providing services to lesbian, gay, bisexual, and transgender people who have suffered violence, including domestic violence, and discrimination on the basis of their sexual orientation and gender identity.
Specifically, increase funding for community organizing, advocacy, and direct services, including short and long-term shelters, legal aid, crisis hotlines, counseling, medical assistance, and job training to lesbians, bisexual women, and transgender men. Methodology This report is based on information collected during five weeks of field research in four cities in the Republic of Ghana from December to February The laws of Ghana will not permit any individual to be persecuted or assaulted because of their sexual orientation.
Said, a Muslim man from Accra, told Human Rights Watch: In Ghana, religion and culture are the most dominant factors that fuel homophobia and stand in the way of progress.
The law is quoted only in police stations; the general population quotes the bible and the Quran. Nobody wants to give them jobs. There is also no support to learn a trade. Inciting Homophobic Violence On numerous occasions since and notably from February , key opinion leaders including government officials, notably parliamentarians, local officials and influential religious leaders, have made remarks that contribute to a climate of homophobia and in some cases, incite violence towards LGBT people.
The explanation is that LGBT persons are unwilling to openly declare their sexual orientation for fear of ostracism and, in some cases, mob action.
Occasionally, they have communicated their concerns and asked to remain anonymous. Family Rejection and Coerced Marriage Most of the women interviewed by Human Rights Watch said they were pressured by family members into having children, dating and marrying men in order to maintain ties with their families and community.
Khadija, a year-old lesbian who lives in Accra said she will soon have to start dating men because her family already arranged a marriage for her in Around May , my parents were forcing me to get married to a man from Nima, Nigeria, that my grandmother had found for me. I ran away from home—just left the house with my handbag and went to Takoradi and stayed in my place of work for two months.
When I came back, they were still wanting me to get married. I walked into the house and my mother started insulting me…calling me a prostitute. She described what her family and church did to her: On January 24, , my older brother told my parents, grandparents and cousins that I am a lesbian and it is all over social media.
I had to stay at the mission house of the church for one month. During the first week they prayed for me. It is only when you rape an adult by way of unnatural carnal knowledge that you become a subject of prosecution.
However, the matter was culturally very sensitive in Ghana. Ghana supported those who were naturally inclined to have a different sexual orientation, but it did not accept the propagation or commercialization of it. It would therefore abstain. That it is not about promoting homosexuality or targeting children or advocating for same-sex marriage. It is none of these things—it is about removing the barriers to the full enjoyment of rights by LGBT individuals in Ghana.
Arrests Human Rights Watch is not aware of any prosecutions under section 1 b of the Criminal Code. Adama told Human Rights Watch: The camp master asked the police why we were being arrested. The police said it is because we are lesbians. We were handcuffed, put in a police van and taken to Suame Police Station.
Ghana Gay sex is illegal in highly religious and conservative Ghana, but while discrimination against LGBT lesbian, gay, bisexual and transgender people is common in the West African nation, no one has ever been prosecuted under the colonial-era law. You may also like. From the same country. On the same subject. More stories. South Africa. Can an employer discriminate against me because of my sexual orientation or gender identity? If you believe that your rights have been violated If you feel that you have experienced discrimination at work, you can file a complaint with the U.
Print: this section. Share this scenario:. Can a landlord refuse to rent to me? Your rights The federal Fair Housing Act prohibits sex discrimination by most landlords.
If you believe your rights have been violated What you can do depends largely on where the discrimination took place, whether any state or local laws there might apply to your situation, and where things stand under the current administration.
Am I protected from discrimination in public accommodations, like shops and restaurants? Your rights There is no federal law that bans discrimination based on sexual orientation or gender identity in public accommodations, like restaurants, theaters and other businesses.
If your rights are violated Document everything. Does the law protect my right to use the restroom consistent with my gender identity?
How the law varies in different states and cities Some places — for example, states like Colorado, Iowa, Oregon, and Washington, and cities like San Francisco and New York City — specifically grant transgender people the right to use gender identity-appropriate restrooms in public spaces.
If you believe your rights are violated What you can do depends largely on where the discrimination took place, whether any state or local laws there might apply to your situation, and where things are with federal lawsuits currently in play. How do I update the gender marker on my US passport?
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