These human rights treaties impose obligations on the state of Ghana to respect, fulfil and protect the rights of all persons within its jurisdiction.
The Lesbian, Gay, Bisexual, Transgender and Queer Community in Ghana has stated that the comment of the President, Nana Akufo-Addo, that he had not legalised same-sex marriage, has fuelled homophobic tendencies amongst Ghanaians.
In a letter signed by the country's LGBT+ Rights director, Alex Kofi Donkor, the group said the statement by the President had made queer persons victims of rape; made them victims of harm, kidnapping among other abuses.
Citing the rule of the Commission on Human Rights and Administrative Justice (CHRAJ), the group said the LGBTQ+ Ghanaians are allowed by law, to create a safe space to plan, socialise and advocate for their own freedoms and liberties.
The letter read, “As this month of March marks the 64th Independence of Ghana, LGBTQ+ Ghanaians' existence is being threatened by the colonial residue of homophobia and bigotry, 64 years after illustrious Ghanaians proclaimed to be guided by the spirit and principles of ‘freedom and justice’, we find ourselves here in the future divided by hostility and bigotry encouraged by some lawmakers and promoted by the press.
“After 64 years of priding ourselves as Africa's gateway to freedom and unity, of having our democratic practices lauded on international fronts, some members of parliament sworn to protect the rights of all citizens are calling for sanctions against an oppressed minority group like ours.
“The MPs Honourable Sam Nartey George, Honourable Andy Appiah-Kubi, Honourable Reverend John N. Fordjour, Honourable Samuel Okudzeto Abiakwa, Honourable Kweku Asante-Boateng, Honourable Helen Adwoa Ntoso, Honourable Francisca Oteng Mensah, and Honourable Emmanuel Bedzrah, have declared their stance against LGBTQ+ Ghanaians and aim to use their positions to introduce harmful bills to parliament in order to further oppress LGBTQ+ people in Ghana.
“It is also disheartening that the Minister-designate for Gender, Children and Social Protection, Honourable Adwoa Safo, would call the rights of LGBTQ+ Ghanaians non-negotiable. We, however, acknowledge the argument made by Honourable Mahama Ayariga on freedom of speech, freedom of belief, freedom of conscience and freedom of association as LGBTQ+ Ghanaians.
“The Commission on Human Rights and Administrative Justice (CHRAJ) had pointed out all the grounds for which LGBTQ+ Ghanaians are allowed by law, to create our own space where we can come together to plan, socialize and advocate for our freedoms and liberties.”
CHRAJ in their press statement stated that “the point must be made that Ghana, as a nation state, has ratified several international human rights instruments. These human rights treaties impose obligations on the state of Ghana to respect, fulfil and protect the rights of all persons within its jurisdiction”.
“Some members of parliament, activists, opinion-makers, artists and influencers as well as the Ghanaian diaspora and international bodies have added their voices to the injustice served by the raid and closure of our office and safe space. Mr President, as a human rights lawyer, your very profession tells of your capacity to understand what this bodes for the LGBTQ+ Community in terms of erasure, security and freedom.
“Your statements about not legalising same-sex marriage not only evaded the conversation of our oppression, it also reinforced homophobic bigotry and emboldened some Ghanaians to cause harm to their fellow citizens. In Teshie Barracks, a soldier abused someone because he couldn't identify whether they were man or woman. There have been kidnappings of suspected LGBTQ+ persons in the Central region.
“There have been numerous cases of forced marriages among Muslim queer women, homophobic corrective rape and gang rapes of queer women that happens frequently which goes unchecked. There have been beatings, lynching and blackmails happening to the LGBTQ+ Ghanaian community which is fuelled by the hateful rhetoric by people in positions of power and we do not get justice for these crimes.
“Outbreaks like these are on the rise across the country, Mr President, our plea is not one that seeks to institutionalise same-sex civil unions. Ours at this very point is to have some peace in our country and to feel safe. Ours is asking that the state protects us from harm and that our sexual identities do not become weaponized as a tool of oppression in violating our rights as established under the constitution.
“In 2017, your position on the subject during the interview on Aljazeera gave us hope that finally, we had a President who understood the dynamics of the issue at hand and whose government would be tolerant to the rights of minority groups like us. Even when you came under fire from the religious and faith-based organisations, we were hopeful that the human rights champion and advocate that you have been over the years was going to provide your strength in overcoming the onslaught that came your way.
“And even after you capitulated on your initial position, we still harboured great hope within our community that our lives under your government will be better than before. But events since that time have rather worsened our plight and made us become more endangered. Never in our struggle for rights have we encountered not just powerful religious leaders turning our society against us, but to also now have the state and government itself sanctioning homophobia against us as Bonafide citizens of the country.
“As activists, we will continue to work in ensuring that the freedoms that are captured within the Constitution and promised to all Ghanaians are made available to us as well. We will continually resist oppressors' rule and fight for a Ghana where our citizenship is not determined based on our perceived sexuality or any other form of oppressive identity construct.
“We are therefore calling on you, Mr President, our Parliamentarians, Opinion Leaders, CHRAJ, and all religious leaders to heed to the message of love, tolerance, and solidarity that our scriptures and traditions uphold. We call on you and encourage you to adhere to our Local and International laws to protect the rights of all, in the spirit of unity in diversity, especially in our globalised era.
“We encourage you again Mr President to take this opportunity among other feats of yours to significantly contribute in this context to history. We ask that you remember your oath to serve all manner of persons, and to protect all persons under your charge.”