Legal Framework
Same-sex sexual activity is prohibited under the Criminal Code 1960, which criminalises acts of ‘unnatural carnal knowledge’. This provision carries a maximum penalty of three years’ imprisonment. Only men are criminalised under this law.
The law was inherited from the British during the colonial period, in which the English criminal law was imposed upon Ghana. Ghana retained the provision in its first Criminal Code upon independence, which remains in force, and continues to criminalise same-sex sexual activity today. An anti-LGBT Bill which would further criminalise LGBT people is currently before Parliament.
There is some evidence of the law being enforced in recent years, with LGBT people being occasionally subject to arrest, though there is no evidence of convictions under the law. There have been consistent reports of discrimination and violence being committed against LGBT people in recent years, including assault, mob attacks, arbitrary detention, extortion, and discrimination in accessing services.
Section 104 of the Criminal Code of Ghana states:
“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; or
(c) of any animal is guilty of a misdemeanour.
(2) Unnatural carnal knowledge is sexual intercourse with a person in an unnatural manner or with an animal.”
“Misdemeanour” is defined in Section 296 of the Criminal Procedure Code as a sentence of imprisonment for not more than 3 years.
Evidence of “Unnatural Carnal Knowledge” is defined in Section 99 of the Criminal Code as:
“Whenever, upon the trial of any person for an offence punishable under this Code, it is necessary to prove carnal knowledge or unnatural carnal knowledge, the carnal knowledge or unnatural carnal knowledge shall be deemed complete upon proof of the least degree of penetration.”
This is often interpreted as being the particular piece of legislation that criminalizes homosexual behaviour. As it requires some degree of penetration, it would follow that women who have sex with women are excluded from this list.
The latest UK Home Office Country Information and Operational Guidance is available here: https://www.gov.uk/government/publications/ghana-country-information-and-guidance.
The right to equality is enshrined in Ghana’s Constitution in article 17(1). Discrimination on the premise of “gender, race, colour, ethnic origin, religion, creed, or social, or economic position” is prohibited under article 17 (2). Different gender identities can be included in a liberal point of view of gender. Social status, on the other hand, might be determined by the position that Queer individuals carry as a group within society. Underneath the equality and non-discrimination principle, the CRC considered including the terms “sexual orientation” and “sex”.
For a closer look at what exactly the proposed Promotion of proper human sexual rights and Ghanaian family values bill contains, see The Guardian’s article of 2022: Explainer: what makes Ghana’s anti-gay bill so extreme?
‘Same-sex “conduct” is already illegal in Ghana, but MPs introduced a sweeping new anti-LGBTQ+ draft bill a year ago that would fully criminalisie LGBTQ+ people, along with rights groups and anyone coming out in their support. It comes amid an outcry around the very existence of LGBTQ+ people in the west African country, and any advocacy on their behalf.’
For more detailed information on the protection of LGBTQI+ rights in Ghana, visit the Ghana ILGA World Database.
Case Law
The IGLA-RIWI [International LGBTI Association and a global survey technology company] 2016 Global Attitudes Survey on LGBTI people in partnership with LOGO [entertainment brand inspired by the LGBT community] noted the following results:
Being LGBTI should be a crime
Strongly agree – 43%
Somewhat agree – 11%
Neither – 21%
Somewhat disagree – 5%
Strongly disagree – 20%
How would you feel if your neighbour was gay or lesbian?
No concerns – 46%
Somewhat uncomfortable – 18%
Very uncomfortable – 36%[footnote 101].
8.1.2 The Africa Centre for International Law and Accountability (ACILA) conducted a study in June 2017 to gauge Ghanaians’ attitudes towards LGBTI issues. ACILA stated in its key findings:
‘‘More than 87% of Ghanaians say they know the 1992 Constitution of Ghana guarantees human rights to all persons in Ghana.
‘Ghanaians are aware (81.5%) that Ghana is required by the UN, other international instruments and obligations, as well as the 1992 Constitution to protect the rights of all citizens in Ghana.
‘About two-thirds of Ghanaians (60.7%) are not aware Ghana has committed to provide Equal Protection of the Law from violence and discrimination to all persons including LGBTI people under the United Nations Universal Periodic Review mechanism.
‘More than two-thirds (70%) of Ghanaians are unaware the Commission on Human Rights and Administrative Justice (CHRAJ) has a “Discrimination Reporting System” for reporting on violence and discrimination against LGBTI persons and other minorities.
‘Ghanaians are more concerned about the perceived negative consequences of LGBTI issues than armed robbery, high cost of living, unemployment, galamsey [unregulated gold mining], rape/defilement, and poor infrastructure. Corruption was the number one concern followed closely by LGBTI issues.
‘About 60% of Ghanaians “strongly disagree” or “disagree” LGBTI persons deserve equal treatment as heterosexuals.
‘A significant number of Ghanaians (87%) are against allowing LGBTI persons to hold public meetings. Ninety-one per cent of Moslems are against allowing LGBTI persons to hold public meetings; Christians (87%), Traditionalists (73.1%); and Atheists (33.3%). Respondents in the Volta Region had the highest approval (19.4%) allowing LBTI persons to hold public meetings.
‘More than 97% of Ghanaians are aware the Police has a responsibility to protect every citizen against mob injustice, and “strongly agree” or “agree” by 94% that any person who engages in mob activity should be brought to justice. However, 20% “strongly disagree” or “disagree” that the Police has a responsibility to protect LGBTI persons against mob injustice.
‘Majority of Ghanaians (80%) are “very uncomfortable” or “uncomfortable” associating themselves with LGBTI persons. However, about 67% will receive emergency medical treatment from a nurse or doctor they perceive as LGBTI. Thirty per cent of Christians; 40% of Moslems; and 50% of Traditionalists will not receive emergency medical treatment from a nurse or medical doctor who is perceived as LGBTI. Forty-four per cent of Ghanaians who are 51 to 61 years will not receive emergency medical treatment from a nurse or medical doctor who is perceived as LGBTI.
‘About 13% of Ghanaians will “physically abuse”, “verbally abuse” or “force” an LGBTI person to hide his or her identity if they discover a person who is LGBTI. … (45.3%) will “socially shun” an identified LGBTI.
‘More than 75% of Ghanaians applaud homophobic statements by state officials. Only 24.5% say homophobic statements should be condemned.
‘Thirty-six per cent of Ghanaians are of the opinion that LGBTI people should be discriminated against in job search, religious association (10%) and public appointment (9.16%).
‘More than 54% of Ghanaians say expelling students perceived to be LGBTI should be promoted.’
8.1.3 Afrobarometer ‘is a pan-African, nonpartisan survey research network that provides reliable data on Africans’ experiences and evaluations of democracy, governance, and the quality of life… Afrobarometer conducts face-to-face interviews in the language of the respondent’s choice with nationally representative samples. The Afrobarometer team in Ghana, led by the Ghana Center for Democratic Development (CDD-Ghana), interviewed 2,400 adult Ghanaians between 16 September and 3 October 2019.’. In a July 2021 dispatch on social tolerance, Afrobarometer found:
‘While unfair treatment based on ethnicity, religion, and economic status are not rare occurrences, most Ghanaians express tolerant attitudes toward their neighbours from different ethnic groups, religions, and nationalities. But very few extend the same level of tolerance to people in same-sex relationships
‘… fewer than one in 10 (7%) say they wouldn’t mind living next door to someone in a same-sex relationship… The 93% who say they would “somewhat dislike” or “strongly dislike” having homosexual neighbours place Ghana near the top in terms of intolerance across 23 African countries surveyed between late 2019 and early 2021, well above the 80% average… Intolerance toward people in same-sex relationships is pervasive across age groups, religious affiliations, and urban as well as rural locations. Citizens with no formal education are slightly less likely to express intolerance (88%) than their more educated counterparts (91%-95%).’
8.1.4 The Foreign, Commonwealth and Development Office travel advice for British nationals stated: ‘There is little tolerance towards lesbian, gay, bisexual and transgender people in Ghana and many Ghanaians don’t accept that such relationships exist.’
Non-Governmental Organizations (NGOs)
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Address: 15 Fertilizer Street, Teshie Nungua Estate Housing Down, Accra-Ghana
Tel: +23 32 44 85 82 34
Email: mcobbinah@cepehrg.net
CEPEHRG is a not-for-profit organization that seeks to create awareness in Ghana about issues relating to human rights – this includes the rights of LGBTI’s and other marginalized sectors of society.
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Last updated May 2023