ABSTRACT
This study examined the deprivation and discrimination of human rights of homosexuals in Ghana and the measures to protect their rights. An explorative qualitative research approach was considered as appropriate method for the study. Primary data from semi structured open ended interviews with ten homosexuals and individuals deeply informed of the human rights situation in Ghana and secondary data from verifiable sources were employed. Data retrieved was scrutinised using thematic analysis to identify recurrent themes from the interviews transcript before a comprehensive discussion was conducted. The study found out that homosexuals in Ghana are constantly deprived of their rights to association, movement, education, personal liberty and fair trial. The study also found out that religious beliefs, cultural orientation and limited understanding of human rights are the major causes of human rights abuse of homosexuals in Ghana. The study provided some recommendations to help protect the human rights of homosexuals in Ghana. These include the need for the president to openly condemn all threats and acts of violence against homosexuals , repeal section 104(b) of the criminal offenses Act that criminalizes adult consensual same sex conduct and the need for parliament to review chapter five of the 1992 constitution of Ghana on fundamental human rights and freedoms to include a specific prohibition of discrimination based on sexual orientation and gender identity.
CHAPTER ONE
INTRODUCTION
CONCEPTION OF HUMAN RIGHTS
Human rights have existed since time immemorial (UNICEF, 2007). Human rights development can be traced far back to the Renaissance Europe and the Protestant Reformation (UNICEF/UNESCO, 2007). The Magna Carta just like many other documents existed not as instituting human rights bonds but they instead comprised an arrangement of restricted political and legal agreements to address certain political situations (Tomasevki, 2004). However, the Magna Carta, which consisted of twelve articles, is considered to be the first record of human rights in Europe (UNICEF, 2007).
Contemporarily, the world has acknowledged the view that all human beings are entitled to and should be allowed dignified lives. It has become a common practice universally that humanities request the realization of various values that ensure their individual and collective goals (Weston, Burns, 1984). Human rights became subject of global debates subsequent to the Second World War (WW2) after millions of lives have been lost to a single war. Dismayed by the destruction of lives instigated by the WW2, members of the United Nations (UN) pledged to take measures to ensure the universal realization and respect for human rights and fundamental freedoms for all (Sills, 1968).
The concept, human rights, which has become a Post-WW2 slogan, has gained prominence across the globe after the adoption of the Universal Declaration of Human
Rights (UDHR) on December 10, 1948, by the United Nations. This was seen as a significant globally concerted efforts made to protect, promote and enforce human rights. However, 70 years since the adoption of the UNDHR, it has been reported that human rights abuses continue unabated. The world continues to witness various violations of basic rights such as discrimination, political repression, imprisonment, torture, slavery, disappearances, arbitrary arrest and killings, genocide, denial of educational opportunities, lack of medical care, poverty, to mention but few (O’ Byrne, 2005). One group of people who live in perpetual fear in mostly conservative societies and have their rights continually abused globally are homosexuals due to their sexual orientation.
Globally, persecution of homosexuals started long ago. According to the United States Holocaust Memorial report, “the Nazi persecuted homosexuals as part of their so-called moral crusade to racially and culturally purify Germany.” Recently, the marginalization and discrimination against them have increased tremendously. In 2011, the UN released the first-ever report on the human rights of Lesbian, Gay, Bisexual, and Transgender (LGBT) people around the world, which revealed the continuous discrimination and abuses against LGBT people. The UN High Commissioner for Human Rights upon the request of the UN Human Rights Council made public an update report in May 2015, the report titled “Discrimination and Violence against Individuals Based on their sexual orientation and Gender Identity,” hammered on the impediments and progress affecting homosexuals. According to the report, governments across the globe have put in place measures since 2011 to limit violence and discrimination towards LGBT persons. However, despite this progress, “hundreds of people have been killed and thousands more
injured in brutal, violent attacks.” The report further notes that, many more have been denied access to employment, housing, healthcare, education and other fundamental human rights due to their sexual orientation.
There are plethoras of serious human rights violations to which millions of people across the world are subjected solely due to their sexual orientation or gender uniqueness. Amnesty International (2014) provides an overview of examples of discrimination and of the various dangers that individuals with non-heterosexual orientation face each day. Individuals prosecuted because their private and consensual relationship is deemed to be a social danger; indeed, with homosexuality criminalized and various discrimination laws being enacted across the developing world, the human rights of homosexuals are under threat.
Currently, at least 76 states maintain laws that deem homosexuality a criminal offense providing a “fertile grounds” for the persecution of thousands of homosexuals (UNHRC, 2016). Out of these 76 countries where homosexuality is criminalized, 36 are countries in African, including Ghana.
Instances of discrimination, illegal apprehension, homophobic statements, torture, extortion, rape, threat, harassment, neglect and other ill treatment of homosexuals in Ghana have been documented by human rights organizations. Human rights defenders who are involved in the fight to protect the rights of these sexual minorities are not left out in these abuses. These human rights violations have been committed in total violation of Ghana’s Constitution, Article 12 which prohibits discrimination on the basis of “sex,
race, color, ethnic origin, tribe, birth, creed or religion, social or economic standing”. The United States Ambassador to Ghana, Robert Jackson in an interview said, “Statistics indicate that probably 10% of people are born gay. I think there are far more gays in Ghana than Ghanaians realize but because of societal attitudes, they keep their sexuality very private,” (Ghanaweb, March 11, 2018).
Human rights abuse of homosexuals is very common in Ghana. Homophobic speeches and open support for the marginalization of homosexuals by government representatives and leaders of the various religious groups aid to propagate societal prejudice against homosexuals and even incite more revulsion. The current Ghanaian speaker of parliament Professor Mike Oquaye in February 2017 addressing leaders of the various religions assured them that the current parliamentary leadership would not accept homosexuality since the majority of Ghanaians are against it. Again, Dr. Spio-Garbrah a former Trades minister and a flag bearer hopeful of the opposition National Democratic Convention speaking on Eyewitness News at Citi FM on May 19, 2018, said homosexual rights ” will not happen whether I’m President or not. I’ll fight it anywhere and any day as a good Christian and I’m sure that Muslims will also have the same sense of total disgust.”
According to the United States Department of States June 2014 Country Report on the human rights situation in Ghana “LGBT persons faced widespread discrimination in employment and education, as well as police harassment and extortion attempts. There were reports police were reluctant to investigate claims of assault or violence against LGBT persons.” According to the United States Department of States 2016 human rights
report on Ghana, gay men in prison were often subjected to sexual and other physical
abuse. The government took no known action to investigate or punish those complicit in the abuses.
Kuukuwa Andam, a human rights lawyer, and an open bisexual and LGBT advocate on 11th February, 2015 in response to the various violations against homosexuals in Ghana told Gay Star news “In my 5 years of working as a human rights lawyer in Ghana, I have come across cases where sexual minorities were prosecuted for ‘unnatural carnal knowledge’. However, I am yet to come across a single case of someone being prosecuted for assaulting a gay, lesbian, bi or trans person” (Gaystarnews, 2015). Violation against homosexuals is widespread and on the ascendancy but highly under-reported and not prosecuted. Ghana has made remarkable progresses in democracy and human rights but homosexuals are constantly marginalized and discriminated against. This lays the background for this study.
EMERGING DEBATE ON HOMOSEXUALITY IN GHANA
- Politics and homosexuality in Ghana
The subject of homosexuality cannot be debated lacking its political facet as countless of the laws and rules of the country make the practice intolerable. In 2011 the British government threatened to block aid from the UK to countries that refuse to respect the right of homosexuals (TheJournal, October 30, 2011). The British government went on to cut economic aid to Malawi by 19 million euros after the country’s court jailed two men, Stephen Monjera and Tiwonge Chimbalanga for 14 years on charges of homosexuality. (Theguardian, December 9, 2011). Ghana and many other African countries like Uganda,
Nigeria, and the Gambia poured out their disappointment on the British government and made clear their intention not to bow to their threats. The government of Ghana under the leadership of Professor Atta-Mills responded by saying that the UK’s societal norms are dissimilar from that of Ghana and would not decriminalize homosexuality (Theafricancareport, Nov 4, 2011). Paul Evans Aidoo, the Western regional minister urged landlords and tenants to report suspected homosexuals for prosecution. He again employed the services of the Bureau of National Investigation and other security services to help apprehend homosexuals in the region. He said, “All efforts are being made to get rid of these people in the society.” (BBC, July 22, 2011). Koku Anyidoho, the then head of communication at the Flagstaff House (seat of government), challenged the then flag bearer of the opposition NPP to come out and criticise the British Prime Minister for pushing homosexuals rights in Africa. According to him, President Mills had taken a strong position and it is expected of him to openly talk about the issue (Ghanaweb, November 13, 2011).
