The Human Sexual Rights and Family Value Act of Ghana: A Systemic Discrimination against the LGBTQ+ Community in Ghana

This paper dives into the intricate relationship between the Ghanaian community and the members of the LGBTQ+ community. It explores the history of the LGBTQ+ community in Ghana, the response of the Ghanaian community via the introduction of the anti-gay bill, some provisions of the bill the paper deems to be discriminatory, and the ethical implications of this bill on the human rights of LGBTQ+ persons. This paper seeks to show that the anti-gay bill, unlike what most of the engaged respondents think, is unethical and as such must not be passed into law. This is because life is not what one is made or called to be, rather life is what one chooses to become, bearing in mind one’s facticity goes with authenticity.

Introduction

To begin with, ethics as a branch of philosophy has been construed as that which tackles questions like what is right or wrong, and what is good or bad. It explores controversial issues like abortion, surrogacy, and prostitution to name but a few. This paper focuses on the controversy surrounding the LGBTQ+ community, and the response of the Ghanaian community to their (LGBTQ+) stance. LGBTQ+ stands for lesbian, gay, bisexual, transgender, queer… in that order. Now more than ever they seek inclusion and acceptance, which is being denied by the Ghanaian community.

On February 28, 2024, the bill was passed as—“AN ACT to provide for human sexual rights and family values and related matters” (Human Rights Watch, 2021). This anti-gay bill highlights the tension between traditional Ghanaian family values and the rights of the LGBTQ+ community. According to this act, same-sex relationships and related activities have been criminalized, and the people of this community face restrictions concerning healthcare & social services. Two main features play a key role in their response towards the LGBTQ+ community: one being religion, and the other being cultural and family values. Ghanaian society can be identified as a hostile society for LGBTQ+ individuals. The passage of the anti-gay bill is proof enough. This bill has gained the attention of not only members of the Ghanaian community but also that of the international community. Due to the nature of this bill and the contention matters concerning the LGBTQ+ community have sparked, this paper argues for inclusivity among Ghanaians. The paper analyzes whether this response by the Ghanaian community via the enactment of this anti-gay bill, which seems to discriminate against the LGBTQ+ community surreptitiously is right or not since they are protecting certain values of their own. This paper is in three sections; there will be a short background to this paper with a discussion on the LGBTQ+ community in Ghana. Section two will discuss some provisions of the bill and how they violate the rights of LGBTQ+ persons, as well as their ethical implications.

Africa is a continent guided by values, the two most important of which are religious and cultural. Ghana, being a West African country is no exception. Acquahet al. (2023) state that the preservation of societal and cultural values, and adherence to religious beliefs, are the popular justifications given in support of homophobia in Ghana. The accuracy of this statement can be seen in the large support provided by both traditional and religious bodies for the passage of this bill. The common belief that leads to increased support for the bill’s passage, is that the practices of the LGBTQ+ community are un-African. However, this popular claim is rejected in this paper because, with a particular focus on Ghana, Nuer (2022) in her research highlights how some practices of the LGBTQ+ community have existed in Ghana since pre-colonial times. According to Signorini (1973, as cited in Nuer, 2022), pre-colonial Nzema society accepted and openly practiced homosexuality. Same-sex couples could freely express their attraction to each other’s physical beauty, character, and oratory skills, and formed romantic relationships. They would even cohabitate and celebrate their union with a wedding banquet, complete with “bride wealth” payments to the male wife’s parents, mirroring traditional heterosexual marriage customs. This highlights the rich cultural heritage of LGBTQ+ acceptance and love in African societies before colonization, which I argue must continue. The paper is of this opinion because the attitude of most Ghanaians, based on religious and cultural values, has birthed widespread discrimination and violence against the LGBTQ+ community in Ghana.

Violence

As stated above, staunch religious and cultural beliefs have led to unfair treatment of LGBTQ+ individuals in the Ghanaian community. There have been reports of LGBTQ+ individuals, and activists being lynched by an angry mob or being unjustly arrested and detained because of their sexual orientation or gender identity as well as association. For instance, in September 2021, Wendy Isaack, an LGBTQ+ rights researcher at Human Rights Watch, reported on how about 21 individuals were arbitrarily arrested at a human rights workshop in Ho (Human Rights Watch, 2021). Kofi Donkor, director of LGBT+ Rights Ghana, notes how the passage of the bill has doubled the violence against LGBTQIA+ individuals in the country. As a nation that frowns upon violence, and has most religions preaching about tolerance, the reaction of most Ghanaians to LGBTQ+ individuals is alarming. It is for this reason that this paper argues for inclusiveness. If not for anything, members of the Ghanaian community should think of the negative effects of their actions on these LGBTQ+ individuals. Ms. Partington, country director for Amnesty International Ghana, talks about how the bill has resulted in the loss of jobs and forceful evictions for members of the LGBTQ+ community (Amnesty International, 2024). The author asks members of the Ghanaian community to put themselves in the shoes of LGBTQ+ individuals and urges them to think of Kant’s principle of universalizability of actions. As members of the moral community, the paper urges most Ghanaians to uphold ethical principles like justice, non-maleficence, and benevolence, because these LGBTQ+ individuals are not only Ghanaians but also humans. As humans, their rights must be respected. The next paragraph discusses how their rights are denied.

Human Rights

A notable view shared by proponents of the anti-gay bill is that it does not infringe on the human rights of LGBTQ+ individuals simply because sexual rights are not human rights (Colemanet al., 2023). These LGBT+ individuals have rights that is inherent to every human person regardless of their sexual orientation which must be respected. Their freedom is one of the inalienable rights of individuals and it includes the right to choose one’s sexual preference, and to an extent one’s gender identity. This liberty to choose one’s sexual preference helps an individual to define one’s life and this must be respected. The author questions whether this classification of choosing how to live one’s life will suffice for Ghanaians who seem bent on righting the wrong ways of LGBTQ+ individuals via the passage of this bill. Again, there is the argument that whether sexual rights constitute human rights or not, human rights must be viewed within the context of religious and customary definitions that society has given to marriage and sexuality. The author begs to differ, as the role of society concerning human rights is not what has already been defined, but to offer protection of these rights. Nagel (2003, p. 74) talks about how sex is one of those highly personal matters that should not be controlled by a society based on the convictions of a majority of its members. Given this, Raymond Atuguba in his paper argues that LGBT persons must be given the right to express their sexual orientation and gender identity freely. He argues that they must be treated like any heterosexual member of the Ghanaian community (Atuguba, 2019, p. 113). He advocates for the recognition of LGBTQ+ individuals as equal members of the Ghanaian community.

The author finds the 1992 constitution of Ghana contradictory regarding its provisions. The criminalization of same-sex relationships, for instance, is an infringement that contradicts Chapter 5, Article 12 of the 1992 constitution which guarantees the protection of the fundamental human rights of every person in Ghana, subject to the rights and freedoms of others and the public interest. The author calls for the revision of the constitution because of its inconsistencies. How can it at the same time promote and discourage discrimination?

Most members of the Ghanaian community have outrightly shown their dislike for the practice of any LGBTQ+-related activity, especially in their country. Many believe that apart from being contrary to the natural order of life, it is foreign to the Ghanaian culture or in a bigger context the African way of life… but is it? It is with this thought that the Human Sexual Rights & Family Value Act was crafted. This paper is relevant because it highlights the above-mentioned double standard portrayed by the African community. Also, it aims at shedding light on the human rights violations faced by the LGBTQ+ community, as well as challenging the ethical backings of an act that is deemed to be discriminatory. Simply put, the importance of this paper lies in its aim of promoting human rights and supporting the well-being & inclusivity of marginalized communities.

The LGBTQ+ Community in Ghana

Is Ghana a safe place for the LGBTQ+ community? Do Ghanaians prioritize essence and authenticity over societal norms and construct or vice versa? What has been the response of many Ghanaians to LGBTQ+ persons, and how has it shaped the experiences of the LGBTQ+ community in Ghana? This section delves into the delicate and complex issues surrounding the LGBTQ+ community in Ghana, exploring the historical context and its corresponding implications for this community.

Certain practices of the LGBTQ+ community are not foreign to Africa, Ghana included. The practice of same-sex relations, for instance, can be traced back to pre-colonial Ghana. For this reason, discourse on the LGBTQ+ community in Ghana pays particular attention to homosexuality. It is however important to know then, what LGBTQ+ stands for. The acronym LGBTQ+ stands for L–Lesbian, G–Gay, B–Bisexual, T–Transgender, Q–Queer, and the plus (+) represents other orientations and identities which form the LGBTQ+ community. Lesbians’ means are those women who are attracted to each other romantically. Gays, on the other hand, are men who are also attracted to other men romantically. For bisexuals, they could either be men or women who are attracted to either sex romantically. Transgender is a term used to describe people whose sense of being either male or female, differs from the sex they were assigned at birth, it is like queer in that it is also an umbrella term. Queer is simply a term used to refer to people who are not heterosexual and are therefore considered strange by our societal constructs. Apart from homosexuality, not much was known about the rest. Signorini (1973, as cited in Nuer, 2022) alludes to the practice of homosexuality in pre-colonial Nzema society, stating how same-sex couples could freely express their attraction to each other… and form romantic relationships. This practice was not only restricted to the Nzema society as it was practiced in other traditional Ghanaian societies. According to Amenga-Atego, “Woman-to-Woman Marriage among the Nankani” was practiced in the northern part of Ghana (Aryeh, 2022). However, the coming of ‘the colonial masters’ put a stop to these practices as their ways which were considered superior, were imposed upon the people of Ghana.

The imposition of British laws and religion (Christianity) eventually changed Ghanaian’s outlook on homosexual practices—these once accepted practices metamorphosed into crimes punishable under the law, and immoral acts that attract social disdain. Upon gaining its independence in 1957, Ghana was free from colonial rule but not from the lasting influence of its colonial master. To conduct itself, the country framed its legal system after that of the British and continued with the criminalization of homosexuality under Act 29 of the Criminal Offences Act of 1960. Also, the successful importation of Christianity had Ghanaians equating homosexual practices with sinfulness and sexual immorality. The country’s renewed position because of colonialism could be seen in the stance of past presidents like Atta Mills, and Kufuor… who openly condemned homosexual practices. In 2006, the president of the Gay and Lesbian Association of Ghana (GALAG) during an interview on Joy FM, confirmed the organization of an upcoming gay and lesbian conference at the time. This public announcement caught the attention of the Kufuor government who wasted no time stating that such a conference would not take place in Ghana. Again, in 2011, the UK prime minister proposed that aid be withdrawn from African countries that do not support gay and lesbian rights. The former president of blessed memory, John Evans Atta Mills responded by saying that the rights of the LGBTQ+ people would be respected, but that their practices would not be legalized in Ghana as it is not part of their culture. The paper would like to underscore what is being referred to here as the same one imported by the British through colonization—Western Culture! This very culture is the one being criticized by Africans for imposing the practices of the LGBTQ+ community on them.

In recent years, the discourse of the Ghanaian community has come to extend its scope beyond that of homosexuality to encompass the other components of the acronym LGBTQ+ but their response remains the same. Ghanaians are adamant that the practices of this community are foreign and have no place in their society. In line with this belief, ‘Proper human sexual rights and Ghanaian Family Values Bill’ was introduced in 2021. This bill was introduced by a group of private individuals’ members of parliament. This bill, which is now the ‘Human sexual rights and family values bill’ has been passed by the parliament of Ghana and awaits presidential assent to become law. It was introduced as a response to the opening of a community centre by LGBT+ Rights Ghana.

Experiences of LGBTQ+ persons in Ghana have led to homophobia which refers to feelings of prejudice, contempt, and discrimination towards homosexuals or bisexuals. These negative feelings have been expressed by members of the Ghanaian society towards lesbians, gays, and bisexuals as well as other members of the LGBTQ+ community. This expression of homophobia by many Ghanaians has made life difficult for LGBTQ+ persons in Ghana. The late President Atta Mills in his response to the UK Prime Minister in 2011, affirmed that the rights of LGBTQ+ persons would be respected, but the experiences of these persons (both past and present) have proved otherwise. The disrespect that has been dished out to members of the LGBTQ+ community has led to them keeping their identity a secret. Their experiences, however, are no secret as the experiences of those who are bold enough to recount their tales have been recorded by Human Rights Watch. These experiences range from homophobic violence, family rejection, unlawful arrests, restricted access to justice, and many more.

One lady from Kumasi recounts how her mother gathered a mob to beat her, and another lady suspected of being in a same-sex relationship up, and how they were forced to flee their village. Others recount how she and her partner were attacked by a mob after the mother of one of the ladies found the two in a compromising situation and called on the young people to deal with them. Both women received injuries because of this attack but did not report to the police out of fear. The most interesting of them all is the lady who tells Human Rights Watch about her family’s response to her sexuality. She said she was dragged to a prayer camp by her family members, where she was severely beaten as a means of curing her from ‘deviant’ sexuality.

Unfortunately for members of the LGBTQ+, their experiences in Ghana will continue to be distasteful as long as influential persons keep inciting violence against them. The paper believes that if the government of Ghana wants to abide by the constitutional provisions of protection of rights, liberties, and the dignity of all persons, as well as abide by International human rights treaties, then they must do well to put an end to these and many other acts of discrimination and violence against members of the LGBTQ+ community. Should one have to beg for his or her basic human rights to be respected? What has happened to the principles of justice and fairness, and why are they being overlooked in Ghanaian society? As human beings and members of Ghanaian society, should LGBTQ+ persons be subjected to such harsh treatment based on their sexual orientation and identity? No, as Atuguba argued in his paper, LGBTQ+ persons should be treated just as any normal heterosexual Ghanaian is treated. What can be interpreted from the above instances is that to survive as an LGBTQ+ person in Ghana, one must not live authentically. As reported by some of them, they must hide their ‘true self’ and portray that they are not. These persons go to the extent of marrying members of the opposite sex (in the case of homosexuals), to satisfy family members and the society at large. Members of this community are being forced to be who they are not—‘a contradiction in being’. However, as Nietzsche puts it, nothing could be other than it is. Getting LGBTQ+ persons to yield to the external pressures of society leads to nothing but self-deception as members of the LGBTQ+ community try to affirm their facticity (socially constructed roles) and deny their transcendence (authentic self). This thus affects their quality of life.

The Human Sexual Rights and Family Value Act of Ghana

In June 2020, the parliament of Ghana passed a resolution to signal the commencement of the passing of the LGBTQ+ bill. This bill was passed by members of parliament. The bill was introduced by eight members in the year 2021, in response to the opening of a community centre by LGBT+ Rights Ghana. This bill, which is a twenty-five-page document, is “an act to provide for human sexual rights and family values and related matters”. For this reason, it has received mass support from political, religious, and traditional bodies alike, not forgetting the public. As activities of the LGBTQ+ community are not only seen as a Western imposition on Africa but also a signal of moral decadence. Ghanaians view this bill and its provisions as the right way to preserve both religious and cultural beliefs, as well as the society’s moral standards. However, after going through the provisions of the bill, I cannot help but notice the discriminatory nature of the bill and how it infringes upon the rights of members of the LGBTQ+ community.

There are so many key discriminatory provisions, but this paper will outline just a few: Section 4–subsection a(i): sexual intercourse between persons of the same sex. subsection b: marriage to persons of the same sex. subsection c: marriage to people who have undergone gender removal, or any other surgical process projected to generate a new sexual group which is not to correct a biological abnormality. subsection e: identifying as LGBTTQAP+. subsection f: providing or participating in the provision of a surgical procedure or any other procedure, intended to create a new sexual category which is not to correct a biological abnormality. subsection g: undergoing a surgical procedure or any other procedure, intended to create a new sexual category which is not to correct a biological abnormality.

Violation of Human Rights

A common understanding of human rights is that which every person has once a person is born. It is ontologically given not by the State but by the mere fact that we are human beings. In this regard, the role of the state is to protect these rights according to its citizens based on being human. The anti-gay bill however does the opposite, as it violates several rights of LGBTTQAP+ persons living in Ghana. For one, the bill criminalizes same-sex intercourse and marriage. In addition, it makes sexual intercourse with and marriage to people who have undergone gender reassignment procedures which is not to correct a biological abnormality and offense. This infringes on the sexual liberty of LGBTTQAP+ people.

Freedom of identity and expression is also violated in this bill, as section 4 criminalizes identifying as LGBTTQAP+. Currently, people who identify as LGBTTQAP+ are forced to conform to socially constructed roles. They face discrimination and violence just because of their sexual orientation and identity. Their right to equality and fair treatment, together with their supporters and advocates, is disregarded as can be seen in their arbitrary arrests. By prohibiting advocacy, promotion, and support of LGBTTQAP+-related activities, the bill restricts the right to opinion and education as expressing LGBTTQAP-related opinions has been criminalized. How can the Ghanaian populace be enlightened and made to understand LGBTTQAP+-related activities if matters relating to such activities have been criminalized? People cannot exercise their freedom of speech with the existence of such a bill. LGBTTQAP+ people are being left bare and with no support because of the bill’s disbandment provisions. It isolates people entitled to form associations, build networks, and belong to a community. Sections 13 and 14 of the anti-gay bills go contrary to Article 20 of the Universal Declaration of Human Rights (UDHR), and tramples upon the right of LGBTTQAP+ persons to peaceful assembly.

When do we say good or bad or better still right or wrong? ‘The term ‘ethics’ is technically used by philosophers to mean a philosophical study of morality–morality understood as a set of social rules, principles, and norms that guide or are intended to guide the conduct of people in a society, and as beliefs about right and wrong conduct as well as good or bad character’ (Stanford Encyclopedia of Philosophy, 2010). In this light, a thing is considered ethical if it aligns with the moral principles that guide the conduct of people. What then are some moral principles that guide the people of Africa, with particular focus on the former Gold Coast Colony–Ghana?

Whether one derives from a different race, has a different religion, or holds out to be a member of the LGBTQ+ community, if the person is a human being, then that person must be treated as an end and not as a means to their ends. In African ethics, a common characteristic among how Africans relate is the idea of common good. However, among the Akans in Ghana, this notion is expressed in a motif that shows LGBTQ+ persons in Ghana experience constant backlash from the Ghanaian community because of the widespread view that their practices do not serve the common good of society. It is important to note that Ghana and many other African countries are guided by communitarian ethics which has the common good as a key feature. Treatment of the LGBTQ+ community by most African nations, Ghana included, contravenes the ethical theory of communitarianism that they hold so dear. Following from the above, it can thus be said that the provisions of the human sexual Rights and Family Value Bill are unethical with the following implications: Discrimination: unfair treatment of LGBTQ+ persons (e.g., limited access to healthcare services), Marginalization: ostracization of LGBTQ+ persons even though they have the same rights as homosexuals to belong (e.g., family rejection), Legitimation of violence: public support of violence against LGBTQ+ persons (e.g., lynching of suspected LGBTQ+ persons), Violation of human rights: disregard of the dignity of LGBTQ+ persons (e.g., criminalization of freedom of association), Ignorance of ethical principles: ignorance of moral values such as justice and fairness, beneficence etc. (e.g., arbitrary arrests of LGBTQ+ persons).

Conclusion

This paper has paid specific attention to the LGBTQ+ community in Ghana as they continue to struggle against its systemized homophobic nature. Section one gave a short background to the study and outlined the aim of the work together with its significance. Section two discussed the LGBTQ+ community in Ghana, particularly focusing on the various horrid experiences of these persons. Section three was about some provisions of the bill and how they violate the rights of LGBTQ+ persons. It was here that the ethical implication was addressed. One cannot become what one is not. Failure to realize this has resulted in the blatant disrespect of the dignity of LGBTQ+ persons who as members of the Ghanaian society deserve empathy, compassion, and justice. The paper thus recommends members of the Ghanaian community to at least try and educate themselves on these issues. The Ghanaian society should embody principles from both beliefs such as respect for dignity and inclusivity. Lastly, the paper argues for the elimination of preconceived thoughts as they enforce harmful stereotypes and fuel stigmatization. This can only be achieved through open-mindedness.