Unnatural Carnal Law Ambiguous

ACILA Executive Director- William Nyarko addressing some Journalists in Bolgatanga

Executive Director of the Africa Center for International Law and Accountability (ACILA), William Nyarko, has urged government to take steps to fulfill its promise to protect all Ghanaians irrespective of one’s religious, social, educational and sexual background or orientation.

Mr. Nyarko pointed out that government seems to be slow in implementing its pledge to the United Nations, owing to the fact that many Ghanaians are not aware of the promise and are therefore not holding government accountable.

According to Mr. Nyarko, in as much as government may be working to ensure the safety of all Ghanaians, there is still a high level of public hatred and disregard for the fundamental human rights of persons perceived to be of same-sex orientation across the country. Hence, government has to ensure that such persons are equally safe in the country.

In his view, he may not endorse the idea of men having sex with men and women with women, yet he believes that such persons also have the rights that every human being has, for which reason Ghanaians should not at any time be hindered from enjoying these rights.

Mr. Nyarko was addressing some journalists in Bolgatanga on Ghana’s obligations under Domestic and International Human Rights Law and the treatment of vulnerable groups.

He asserted that Ghana had been very firm on its position against legalizing same-sex marriage, which by extension implies that the country does not endorse sexual intercourse between people of the same sex. However, the government has a duty to protect all persons, even if the victims are members of vulnerable groupings, including persons with same-sex orientation. It must therefore punish persons who violate the rights of others.

Mr. Nyarko reiterated his long standing view about the Criminal Offences Act – 1960(Act 29), Section-104-(Unnatural Carnal Knowledge). He described it as a dangerous law that has to be either expunged or amended from its current ambiguous state, especially when the law fails to explain what constitutes unnatural knowledge.

He thinks the law in its current state is also discriminatory against men, saying “it can only be used against men and never against women”.

He indicated that even though people may not want to socialize with Lesbian, Gay, Bisexual, Transgender and Intersex (LGBTI), it is not right for people to attack persons perceived to be with this vulnerable group.

 

FROM: Ebo Bruce-Quansah, Bolgatanga 

Tags: