Foreign LGBTQ laws do not apply in Ghana - Supreme Court

The Supreme Court has clarified its decision to uphold the law criminalising unnatural carnal knowledge in Ghana.

The court emphasised that foreign laws do not apply in Ghana, and the legalisation of such acts in other countries does not necessitate their legalisation in Ghana.

The court further stated that adopting foreign laws that are alien to Ghanaian values is inappropriate. The court held that laws lose their utility if they merely transport foreign cultural values and ideas without any foundation in the local legal system.

The court upheld Section 104 (1) (b) of the Criminal Offences Act, 1960 (Act 29), which criminalises unnatural carnal knowledge, ruling that it does not violate the 1992 Constitution. According to this judgement, any form of sexual intercourse that does not involve penetration with a penis into a woman’s vagina remains a crime punishable by law.

The court specified that any sexual intercourse with a person or animal other than through penile-vaginal penetration is considered unnatural and criminal under Section 104 of Act 29. This includes acts such as sodomy and bestiality.

This ruling follows a suit filed by Dr. Prince Obiri-Korang, which was dismissed by the Supreme Court. Dr. Obiri-Korang’s suit challenged the constitutionality of laws criminalising homosexual acts and LGBTQ individuals. He argued that Section 104(1) (b) of Act 29 violated the rights to privacy and liberty as provided under Articles 18(2) and 14(1) of the 1992 Constitution. However, the court dismissed his arguments, stating they were based on foreign laws not applicable in Ghana.

Ghana's parliament recently passed the Human Sexual Rights and Family Values Bill, which imposes stringent penalties on LGBTQ individuals and their supporters.

The bill criminalises identifying as LGBTQ , with penalties including up to three years in prison for individuals and up to five years for those forming or funding LGBTQ groups. The bill also targets public displays of affection and advocacy for LGBTQ rights, with potential prison sentences of up to ten years.

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