To square one
Ghana’s Supreme Court upheld a 1960 law criminalising gay sex on Wednesday, with a penalty of a three-year jail term for offenders. The…
Ghana’s Supreme Court upheld a 1960 law criminalising gay sex on Wednesday, with a penalty of a three-year jail term for offenders. The sentence will be lengthened if the Human Sexual Rights and Family Values Bill passed in February takes effect, making the government intensify a crackdown on those accused of promoting lesbian, gay or other minority sexual or gender identities. The Ghanaian Criminal Code of 1960 says that sexual relations between people of the same sex are banned in the country, calling them “unnatural carnal knowledge.”
In Ghana, an Afrobarometer survey indicates that eight out of 10 Ghanaians are against same-sex marriage, making the conversation around it not only a matter of human rights but also a political issue. For any political party, showing tolerance towards same-sex marriage carries significant political risks. The issue is so divisive that political parties are often forced to take a clear stance, either in support or against, as both the electorate and LGBTQI+ communities demand clarity. The recent Supreme Court decision upholding a six-decade-old law criminalising gay sex is a precursor to another pending case at the Supreme Court, which is expected to decide on passing a stricter law on same-sex marriage. With over 300,000 gays living in Ghana and increasing pressure from international human rights organisations and influential countries like the United States, there is a significant push for Ghana to protect minority groups. The Centre for Democratic Development (CDD) estimates that Ghana could lose up to 6% of its annual budget funding due to the new anti-gay bill. Ghana’s Finance Ministry also warns of a potential loss of about $3.8 billion in World Bank funding. Despite these economic threats, many Ghanaians remain unfazed and support the law’s passage, viewing it as a matter of national sovereignty. They draw hope from fellow African countries like Zambia and Uganda, which have implemented more draconian laws on same-sex marriage and still receive funding from Bretton Woods Institutions. Ultimately, the decision to pass or not to pass the current bill hinges on the Supreme Court’s ruling, which will precede any action by the executive. Whether this decision comes before or after the December 2024 General Elections will undoubtedly be a significant determinant at the polls.