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To legalise or not to legalise

Gays New Homosexuality is a crime in most African countries

Fri, 26 Feb 2021 Source: Sylvester Forson

The argument to legalize or not to legalize Lesbian, Gay, Bisexual, Transgender, and Queer Intersex Rights (LGBTQ+) in Ghana has been on several broadcasting tables since the recent opening and closure of the LGBTQI resource centre in Accra.

Having listened to the numerous arguments raised by panellists across several media corporations on the validation of LGBTQ+, especially, the elucidations posited by astute legal brains on the interpretations of our constitution Vis A VIs legalising homosexuality in Ghana, I am highly compelled to (from the lay man’s perspective) ask some distressing questions, as well as draw extrapolations from submissions made on the topic so far.

First and foremost, it is important to point out that, although the Ghanaian constitution criminalises homosexuality, our constitution does not in any way encourage individuals or persons who come across LGBTQ+ people (particularly those caught in the act) to take the laws into their hands by mistreating or assaulting LGBTQ+ persons in anyway.

In fact, it is unlawful per our constitution to violate the rights of persons accused of any kinds of misconducts or wrong doings before handing them over to the police for prosecution. So whiles the debates for or against the legalization of LGBTQ+ still persist, the campaigners for the motion may champion the discouragement of all forms of abuse on LGBTQ+ people, especially those caught in the act of sodomy.

In spite of the laws of Ghana vehemently frowning on mob justice, the inadvertent expression of condescension towards LGBTQ+ people by the larger Ghanaian society is a strong expression/communication of the Ghanaian culture’s outright disapproval and unacceptableness of all acts of LGBTQ+.

Most human rights activists, who argue for the legalization of homosexuality in Ghana have stated severally that since the law only prohibits unnatural carnal knowledge of same sex people, one cannot condemn or for instance judge two ladies or two gentlemen who decide to fall in love with each other, particularly, if you cannot exactly confirm that they will have or be having unnatural carnal knowledge of each other. The weak link in this argument is akin to an African man and a woman getting married under the auspices of the law courts and thereafter raising their hands in the air in protest against any assumptions that they will ever consummate their marriage through sex.

One would thus ask: assuming without admitting that same sex marriages are legalized in Ghana, what will the same sex couples do to physically express their love for each other?

The World Health Organisation (WHO) only as recent as 1977 listed homosexuality as a disease, in their “International Classification of Diseases” (ICD) report, ICD-9.

This was Subsequent to their initial classification of homosexuality as a mental disorder. One would therefore have expected that for the over four decades WHO would inspire the production of hormonal correctional medications/remedies to correct the disease or mental disorder called homosexuality as they termed it, in order to help persons generally suffering from hormonal imbalances to restore normalcy to their hormones.

However, WHO in its 43rd World Health Assembly as a matter of decision removed homosexuality from its list of diseases, going ahead to endorse the widely accepted biological error called homosexuality as an alternative way of life under the tag name: “sexual orientation”. WHO in their currently used ICD-10 postulate that being LGBTI (lesbian, gay, bisexual, transgender or intersexual) is completely compatible with a normal and healthy life which presupposes that homosexuality should no more be seen as a disorder.

WHO further claimed according to its presupposed acquired scientific evidence and clinical literature that same-sex sexual and romantic attractions, feelings and behaviours are okay, as They are perfectly acceptable variations of human sexuality.

Unless there are underpinning reasons and If the claims by WHO are true, then one would ask (from the lay man’s perspective) that, how can the endorsement or the encouragement of consistent anal sex or the insertion of strange plastic objects into the vaginal cavity be seen as acceptable behaviour? When actions like that pose grave health dangers to the human body? Isn’t it sad to note, that those you expect to know better or who claim to know better, are the very ones pushing such strange unnatural representation, which has potential to result in colossal and grave health challenges in the not-too-distant future?

Academicians and freethinkers who quote several scholarly articles and books in their defense of homosexuality have unanimously although inadvertently posited, with strong evidential backings, that the issue of homosexuality has to with inaccurate deposits of hormones in the human body, which makes affected persons desire and engage in affectionate behaviours from strange and unnatural people or places. What is nonetheless alarming is that since the days of Sodom and Gomorrah very little contribution have been made by these scholars to solve the problem of LGBTQ+ other than the suggestion to legalize it.

Interestingly, there are female groupings who have also tried to link the legalization of homosexuality in Ghana to the Rights of Women, preaching the need for women to be free or allowed to choose whom or what they wish to love. These feminine groupings advance the argument that the non-legalization of LGBTQ+ is a suppression on the rights of women, but the fact still remains that the LGBTQ+ dialogue goes beyond gender, because it affects both men and women.

There is a presupposition that the Ghanaian Government’s steadfastness not to legalise homosexuality does not in any way deny the knowledge of the existence of a minority of Ghanaian citizens with hormonal imbalance challenges, but as an alternative to imposing sanctions and threats on the issue of legalizing LGBTQ+; dialogue and more dialogue could make the larger African society see reason and make legitimate alterations, for a better society which is what we all seek for.

One major challenge with western authorities is that they always impose their belief systems, philosophies and opinions on other sovereign civilisations particularly Africa, without due course to comprehensive research or study into our historical antecedences and reasons behind our cultures, beliefs and traditions. Conducting In-depth empirical and demonstrable research will aid the west to comprehend and appreciate the African situation, so they can effectively proffer or recommend customised suggestions or solutions that have capacity to help us do better if required. This will understandably be a better option Instead of the straight jacket impositions that come with underpinning pressures et cetera.

Strikingly, our three most recent presidents responded to the subject matter of legalizing homosexuality from three depleting perspectives. whiles The late former president; Professor John Evans Atta-Mills stated in no equivocal terms in his response to comments made by then British Prime Minister David Cameron, who was then threatening aid cuts to Ghana, that although Mr. Cameron was entitled to opinions that reflected his societal norms and ideals, he (former president John Evans Atta-Mills) was never going to initiate or support any attempts to legalize homosexuality in Ghana.

In other words, the matter was never going to come up for discussion as long as he remained president of Ghana, and his response totally annihilated any potential discussions on LGBTQ+ during his tenure of office. Former President John Dramani Mahama on the same matter had similar comments as his predecessor but handled it from a more lobbyist approach, by pointing to the clarity in the laws of Ghana against homosexuality as well as the abhorrence of gay practises by the three most predominant religions (Christianity, Islam and traditional) of the people of Ghana, further stating that as president of Ghana, his focal responsibility was to protect and uphold the constitution of Ghana. In other words it is not me but it is the law, so let’s abide by the law.

The Incumbent president, Nana Addo Dankwa Akufo- Addo, further deepened the lobbyist tactic by commenting in response to the gay question on an Aljazeera’s platform, that although the legalization of same-sex relationships was not on the agenda of Ghana, he is yet to see the emergence of a sufficiently strong coalition that will have impact on public opinion to legalise homosexuality in Ghana. In other words if the Ghanaian people push for it, I will legalize it but as long as the Ghanaian people do not push for it, I will not legalize it. His statements automatically handed the choice/keys of gay rights legalization to the Ghanaian people.

As a country, we must not fail to realise that although we may not have evidence, we are able to read through the lines to decipher that our presidents in recent times have been through severe and intense external pressures to legalise same-sex marriages even at the peril of their presidency, sometimes even using our very own people to mount some of these pressures.

It is therefore imperative for us as Ghanaians who do not encourage the legalization of LGBTQ+ to unite in support of our belief system and tradition, with the necessary affirmations and assertions, even if it may require massive protests or demonstrations, using all traditional and social media outlets to strongly communicate our response to western powers that if there are medical solutions and antidotes to cure the LGBTQ+ sickness (since they themselves classified it as a mental disorder and a disease), we would gladly accept the medications, but to encourage gay practises by legalizing it, will extremely be alien to our society as a people and a country.

In all the clamour to legalize LGBTQ+ in Ghana and other parts of Africa, one wonders why same pressure is not mounted on our Arab Brothers in the Middle East who are also part of the global community. Why is the west not pushing the agenda to legalise homosexuality in Arabic countries in view of the fact that Africa is made up of 30% Islam of which Ghana is no exception.

From the lay man’s perspective, anything legalised by a constitution is actually backed and encouraged by the same constitution, so by inference, the legalisation of homosexuality in Ghana will actually encourage people who hitherto weren’t homosexuals to join the practice maybe as a matter of fashion, thereby exacerbating the problem that could get out of control for us as a country.

Let me conclude by specifying that the general masses of Ghanaians who do not support the legalization of LGBTQ+ are in no way exhibiting insensitivity towards the plight of homosexuals, our strong belief is that there are other solutions other than legalization. It is also worthy of acknowledgment that a larger share of Ghanaians and indeed Africans accepted the Bible and Christianity that the western authorities brought to us centuries ago.

In that Christianity there were no options to legalize homosexuality and considering the popular adage “that you cannot teach an old dog new tricks”, we will advisedly entreat the western authorities to leave us with that old Christianity as we focus on other pressing and demanding issues like providing jobs and good schools for our citizens and children respectively, as well as good roads, a vibrant economy, improved infrastructure et cetera et cetera.

Romans 1: 27-28

27. And the men instead of having normal sexual relations with women, burned with lust for each other. Men did shameful things with other men, and as a result of this sin, they suffered within themselves the penalty they deserved. 28. Since they thought it foolish to acknowledge GOD, He abandoned them to their foolish thinking and let them do things that should never be done.

Columnist: Sylvester Forson
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