Ghana’s Supreme Court upheld a long-standing law criminalising gay sex on Wednesday, dealing a significant blow to LGBTQ+ rights in the West African country. The decision comes as the nation awaits another crucial ruling on whether to implement even harsher penalties for LGBTQ+ individuals.
The seven-member panel, led by presiding Justice Paul Baffoe-Bonnie, dismissed a lawsuit challenging the law, with reasons for the decision to be provided at a later date. The 1960 Ghanaian Criminal Code prohibits same-sex sexual acts, labelling them as “unnatural carnal knowledge” and imposing penalties of up to three years in prison.
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The potential for even stricter measures looms with the Human Sexual Rights and Family Values Bill, passed by Parliament in February. This bill, if enacted, would increase sentences and criminalise the identification and promotion of LGBTQ+ identities and rights. The Supreme Court has delayed a decision on whether this bill should be transmitted to President Nana Akufo-Addo for approval, pending a determination of its constitutionality.
In 2021, law lecturer Prince Obiri-Korang filed a petition to annul parts of the 1960 code, arguing that it violated constitutional rights to privacy. However, the justices rejected this challenge, maintaining the status quo.
The decision by Ghana’s highest court has sparked concern among human rights organisations, who view the potential new bill as one of the most severe anti-LGBTQ+ laws in Africa. Amnesty International has warned that the bill poses “significant threats to fundamental rights and freedoms.”
Currently, only 22 out of 54 African nations permit homosexuality, while three countries—Nigeria, Mauritania, and Somalia—impose the death penalty for gay sex.
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