Supreme Court Upholds Law Against Unnatural Carnal Knowledge
By Melanie Nathan, July 24, 2024,
Ghana's Penal Code inherited during the Colonial era which Criminalizes anal and oral Sex, and mostly directed against LGBTI people who engage in same-sex intimacy, has been upheld as Constitutional by the Supreme Court in Ghana.
The Supreme Court has ruled that the law prohibiting "unnatural carnal knowledge," is constitutional. Today, a seven-member panel of the court unanimously dismissed a writ challenging the pertinent Penal Code Section 104 (1) (b) of the Criminal Offences Act, 1960 (Act 29).
Presided over by Justice Paul Baffoe-Bonnie, the court did not provide the full reasoning for its decision, stating that it would be made available at the court’s registry.
The writ was filed by Dr. Prince Obiri-Korang, a lecturer at the University of Ghana Law School.
Section 104 (1) (b) of Act 29 criminalizes unnatural carnal knowledge of a person aged 16 or above, hence criminalizing consensual adult sexual acts, categorizing it as a misdemeanor. Section 104 (2) further defines unnatural carnal knowledge as "sex in an unnatural way or with an animal."
[caption id="attachment_44460" align="alignright" width="443"] Ghana Court Rules against Gays[/caption]
Dr. Obiri-Korang argued that Section 104 (1) (b) was unconstitutional, violating the right to privacy under Article 18 of the 1992 Constitution, the right against discrimination under Article 17, and the protection of personal liberties under Article 14.
Ghanaians tend to treat this draconian law as if it applies only to homosexuality, whereas it is actually worded to apply broadly, in a manner that can include heterosexual people. It is only LGBTI peopke that seem to be targeted under the Code. Whether specifically enforced or not the law gives license to abuse and violence by State and non-State actors, alike, even to include family and religious communities.
The fact that the law referring to "unnatural carnal knowledge" does not specify sexual orientation, although it is mostly used against gay individuals, has served as part of the impetus in Ghana to legislate harsher more definitive anti-LGBTI legislation. The newer legislation is currently also pending court rulings, for a date yet to be determined. (see here)
In February of this year Ghana's parliament unanimously passed The Promotion of Proper Human Sexual Rights and Family Values Act, a significantly onerous law that criminalizes LGBTQ behavior as well as the mere "holding out" of an individual as LGBTQAP. That means simply identifying as gay or lesbian or bi or trans, even an ally, can get you 3 years in jail. This new law has yet to be attested to by President Addo-Akufo. The President has refused to receive delivery of the ACT from Parliament, stating that he plans to wait for the current challenges before the Ghanaian Court on the process and the constitutionality of the new law.
Whether this new law is fully enacted or not, due to the fact that over 90% of Ghanians consider homosexuality sinful and an abomination, the result will make the current dangerous climate even worse for gays. If the Court strikes down the law, people will be incensed and violence will increase. If the Court upholds the law people will continue to be emboldened and licensed to meter out the abuse and violence they are currently exacting on Ghana's LGBTQI+ population.
DONATIONS FOR HUMANITARIAN SERVICES PEOPLE FLEEING GHANA'S VIOLENCE AND LAWS CAN BE MADE HERE
By Melanie Nathan, Country Conditions Expert Witnesscommissionermnathan@gmail.com
Melanie Nathan, Executive Director of African Human Rights Coalition is a qualified country of origin expert witness in the United States and global immigration courts, providing expert written country conditions reports and testimony for lesbian, gay, bisexual, transgender, queer, intersex, non-binary, LGBTQI + asylum seekers from African Countries, to include activists, allies and human rights defenders.
Melanie also consults multinational corporations regarding briefings and policy for operations and issue impacted by anti-homosexuality laws and country conditions.
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