Abstract
This paper addresses the status of Lesbian, Gay, Bisexual, and Transgender (LGBT) persons in Ghana. Firstly, it examines the effects of Ghana’s laws and law enforcement practices on the ability of members of the LGBT community to live openly and freely and to enjoy all the rights guaranteed other citizens. Secondly, it explores the current state of affairs within the country as regards the LGBT population, addressing specifically, how members of the community are treated by Ghanaian society. On the whole, the paper advocates for the recognition of members of the LGBT community as equal members of Ghanaian society, deserving of the rights to life, liberty, and the pursuit of happiness.
Highlights
The Law on Homosexuality in GhanaHomosexual conduct is criminalized by Ghana’s criminal laws1; or at least, it seems to be
The Democratic Unionist Party (DUP) maintain their commitment to upholding human rights for all, including those of the LGBT community
In spite of the overwhelming evidence of discriminatory laws and practices against the LGBT community in Ghana, there are principles of law contained in the Constitution and in statute that, when properly construed, should endeavor to protect persons of LGBT status
Summary
Homosexual conduct is criminalized by Ghana’s criminal laws; or at least, it seems to be. Under the Offences against the Person Act of 1861, the crime of sodomy was punishable by penal servitude of between 10 years and life imprisonment.8 These laws were transplanted into British colonies such as Ghana. The Ghanaian Criminal Offences Act insists that “penetration” is an essential element in proving carnal knowledge, whether natural or unnatural.9 By this logic, sexual intercourse cannot be established in law where penetration is wanting. The ambit of unnatural carnal knowledge would suggest that it is a criminal offence, punishable by the laws of Ghana, for a male to penetrate the anus (sodomy) or mouth (felatio) of a female or male with his penis. It is safe to say that aside the particular proscription of types of sexual activity, homosexuals in Ghana are entitled to all the other rights, sexual or otherwise, that every citizen is entitled to enjoy
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