Ghana

Legal Code Summary

Criminal Code established by Act No.29 from 1960

Legal Code Text

Section 104 - “Whoever has unnatural carnal knowledge: of any person of sixteen years or over with his consent is guilty of a misdemeanour or unnatural carnal knowledge is sexual intercourse with a person in an unnatural manner or with an animal.”

Section 99 - “Whenever, upon the trial of any person for an offence punishable under this Code, it is necessary to prove carnal knowledge or unnatural carnal knowledge, the carnal knowledge or unnatural carnal knowledge shall be deemed complete upon proof of the least degree of penetration.”

ILGA Analysis & Notes

In December 2012, the Working Group on Ghana’s 2nd cycle UPR reported the State’s delegation as follows: “Concerning whether Ghana will end its policy of non-equal treatment of homosexuals and lesbian, gay, bisexual and transgender (LGBT) people in general (Germany) and how Ghana will apply the principle of non-discrimination in relation to the issue of homosexuality, (the Netherlands), the delegation emphasised that Ghana does not have a policy of non-equal treatment of its citizens. The Constitution entrenches the fundamental principles of non-discrimination and equality. It also guarantees the freedom of religion and the rights of persons to practise that religion. The Constitution also provides for the legislature to enact laws that further the social cohesion and economic development of the people”. Although Section 104 of Act 29 is understood to apply to males only, there have been media reports of mob attacks on lesbians. Incidents of violence and responses to that violence have been recorded in Ghana, and the social hostility is described in an October 2015 Shadow Report to the UN Human Rights Committee (HRCee), while an overview of LGBT life in Ghana to early-2014 is described in Being LGBT in West Africa. Information to February 2016 is contained in the UK Home Ofce’s ‘Country Information and Guidance Ghana: Sexual orientation and gender identity’. Fears of a ‘backlash’ following the Ghanaian Prime Minister’s visit to Scotland in March 2016, where he was pressurised by activists, have been expressed. In August 2016, the HRCee’s Concluding Observations (paras. 43 and 44) expressed concern at the “discrimination, intimidation and harassment” directed at LGBT people, as well as at the State’s laconic response that same sex sexual activity falls under Section 104. The HRCee recommended the law be revised and eforts to address discrimination be instituted.

2023-2024 Legal Developments

Still criminalises under Penal Code (1960) Section 104(1)(b). Parliament approved the Promotion of Proper Human Sexual Rights and Ghanaian Family Values Bill on 28 Feb. 2024 (as of report cutoff, awaiting the President's signature). The bill would newly criminalise merely identifying as LGBTQ (up to 3 years) and 'promoting' LGBTQ rights (up to 10 years).