By Abdul Tejan-Cole
Earlier this year, eight Ghanaian MPs introduced a Bill in parliament to criminalize lesbian, gay, bisexual, transgender, queer and intersex (LGBTQI+) activities in Ghana and ostensibly “promote proper human sexual rights and Ghanaian family values.”
The eight champions of the Bill include Sam George (MP, Ningo-Prampram), Della Sowah (MP, Kpando), Alhassan Suhuyini (MP, Tamale North), Rita Sowah (MP, La Dadekotopon) and Helen Ntoso (MP, Krachi West). They are mostly members of the opposition National Democratic Congress (NDC) party.
The Bill entitled the “Promotion of Proper human sexual rights and Ghanaian family values” contains 25 sections and several key provisions that inter alia imposes a hefty fine or jail term or both on individuals of the same sex engaged in sexual intercourse. It bans same-sex marriage and marriage to someone who has undergone sex reassignment and prevents LGBTQI+ persons from adopting or fostering a child.
If the Bill becomes law, persons of the same sex who make a public show of romantic relationship, described as gross indecency in public, will be jailed for between six months and a year. It prohibits intentional cross-dressing to portray that the person is of a different gender than the one assigned at birth. It calls for a ban on all LGBTQI+ groups, associations, clubs and organizations. Using social media to publish, distribute, disseminate, etc., materials to promote LGBTQI+ activities faces a jail term of between five and 10 years. Funding or sponsoring LGBTQI+ activities will also be criminalized.
Sadly, none of the reasons put forward by the proponents of this Bill are compelling and convincing, in my humble opinion. Upon reading the Bill, I was left with the distinct impression that the drafters have no respect for the inherent dignity of LGBTQI+ persons. Their prejudice is blatant. In clause 6 of the Bill, they state that ‘a person commits an offence if the person (a) engages in (i) sexual intercourse between or among persons of the same sex; (ii) sexual intercourse between a man and an animal or a woman and an animal…”
To equate, even if implicitly, same-sex marriage with bestiality is unfortunate. The Bill also provides LGBTQI+ persons to be provided with medical treatment, thereby suggesting that they are sick. They also state that 18.1% of people with HIV/AIDs are gay, creating the impression that people who are gay are more prone to HIV/AIDS, thus perpetuating stigma and hate against LGBTQI+ communities. The disease continues to disproportionately impact segments of the LGBTQI+ community mainly because of the persistent homophobia in our societies.
A key argument advanced by proponents is that LGBTQ+ is Un-African and a foreign imposition. They produce no evidence to support this assertion. This argument is false. There is ample evidence to the contrary. It was because of the existence of this practice that there was a need to enact laws against the “abominable crime of buggery,” outrages on decency and sodomy. As Ugandan academic, Sylvia Tamale points out in an Aljazeera article, “African history is replete with examples of both erotic and nonerotic same-sex relationships. For example, the ancient cave paintings of the San people near Guruve in Zimbabwe depict two men engaged in some form of ritual sex. During precolonial times, the ‘mudoko dako,’ or effeminate males among the Langi of northern Uganda were treated as women and could marry men. In Buganda, one of the largest traditional kingdoms in Uganda, it was an open secret that Kabaka (king) Mwanga II, who ruled in the latter half of the 19th century, was gay.”
In fact, what is alien to Africa is the homophobia introduced by religions which proponents use to condemn the practice. Christian and Muslim groups have been at the forefront of the campaign to enact the Bill. They cite religious passages condemning same-sex relations to make their point. But they are selective in their efforts to criminalize sin. There are many other sins mentioned in the Bible that have not been criminalized. Adultery is not a criminal offence in Ghana even though thou shalt not commit adultery is one of the ten commandments. Neither is the failure to honour thy father and mother and bearing false witness against thy neighbour. Why single out homosexuality and make it more sinful than the other sins.
In a brilliant piece, Ghanaian Professor Akosua Adomako Ampofo notes that the “Bill claims that its object is ‘to provide for proper human sexual rights and Ghanaian family values…’ and yet it is filled with clauses that criminalize a variety of identities, private actions and human interactions, and goes so far as to expect citizens to report each other on the mere suspicion of being LGBTQIA—at the risk of imprisonment. Even though the drivers of the Bill say they are motivated by concern and a desire to ‘correct’ what are deemed to be abnormal sexualities and identities, 34 out of its 36 pages are devoted to criminalizing peoples’ identities and behaviours, while only 2 pages reflect on how to ‘assist’ people who are gay, transgender, intersex or pansexual. I am persuaded that the Bill is not based on love or concern for our neighbours, but on anxieties and even hatred. When I read the Bill, I cannot find grace or compassion. What I find is judgement, and condemnation. The language and focus of the Bill displays a determination to exclude from society those the framers of the Bill cannot understand and disapprove of. Anecdotal evidence shows that individuals and groups who have submitted memoranda or spoken to the media against the Bill have been subjected to threats and insults. Surely this is not the way of Christ!”
Professor Ampofo also points out the hypocrisy on the part of religious institutions, which she says have been silent “when Christian leaders have sexually abused young women (and men) in the church; many are silent as brazen corruption among political, civic and religious leaders takes place; and as for issues such as women dying in childbirth due to poor access to medical services;… yet lawmakers who could have attended to these issues are so passionate about LGBTQIA issues that they have become guardians of our morality and in record time they have whipped up a Bill so that we can criminalize other human beings for their sexual and gender identities.”
The draconian Bill criminalizes same-sex relationships and targets persons or groups that defend the rights of LGBTIQ persons. The Bill institutionalizes discrimination against LGBTQI+ persons and erodes several fundamental human rights, including freedom from cruel, inhuman and degrading treatment. Many Ghanaian human rights groups and citizens have pointed out that the Bill violates many provisions of the country’s 1992 Constitution. Clause 15 of the Bill, which seeks to disband existing LGBTQI+ organizations, is in direct contravention of Article 21 (1) (e) of our Constitution, which provides for freedom of association. The Bill also flagrantly violates the fundamental freedom to assemble, including the right to participate in processions and demonstrations, as guaranteed in the Constitution.
Apart from violating many provisions of the Ghanaian Constitution, it breaches a number of Ghana’s international human rights obligations. It also fails to secure the rights and freedoms of a minority group and seeks to legalize attacks on them. It is flawed in many respects and should never be enacted. Many Christians and Muslims may detest LGBTQI+ persons and find homosexuality offensive. But it is not everything that we hate that should be outlawed. Ghana is a secular state, not a theocracy. It must be governed by laws that promote and guard the freedoms and rights of all its citizens, especially its minorities. Pope Francis has on several occasions referred to LGBTQI+ persons as ‘God’s children.’ In 2013 asked a question about homosexuality, he responded, “If someone is gay and searches for the Lord and has good will, who am I to judge?”
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Copyright © 2021 Politico Online (13/10/21)
