The Supreme Court of Ghana has clarified its stance on maintaining the law that criminalizes certain sexual activities in the country.
In their explanation, the court highlighted that laws from other countries have no bearing in Ghana. Just because some acts are legal elsewhere doesn’t mean they should be accepted in Ghana.
The court also pointed out that adopting foreign laws that clash with Ghanaian values isn’t suitable. Laws lose their relevance if they simply transplant ideas from other cultures without grounding them in local practices.
The court reaffirmed Section 104 (1) (b) of the Criminal Offences Act, 1960 (Act 29), which makes certain sexual acts illegal, stating that this law does not contradict the 1992 Constitution. According to this decision, any sexual activity that doesn’t involve traditional intercourse between a man and a woman is still considered a crime in Ghana.
The court further clarified that any form of sexual activity with a person or an animal, other than through traditional intercourse, is seen as unnatural and illegal under Section 104 of Act 29. This includes acts like sodomy and bestiality.
This ruling came after a lawsuit filed by Dr. Prince Obiri-Korang was dismissed. Dr. Obiri-Korang had challenged the constitutionality of laws criminalizing homosexual acts and the rights of LGBTQ individuals. He argued that Section 104(1) (b) of Act 29 infringed on the rights to privacy and freedom, as stated in the 1992 Constitution. However, the court rejected his arguments, noting that they were based on laws not relevant in Ghana.
Recently, Ghana’s parliament passed a new bill related to human sexual rights and family values, introducing harsher penalties for LGBTQ+ individuals and their supporters. The bill criminalizes identifying as LGBTQ+, with prison terms of up to three years for individuals and up to five years for those involved in LGBTQ+ groups. The bill also targets public displays of affection and advocacy for LGBTQ+ rights, with potential sentences of up to ten years.
