File photo of image depicting corruption
To be quite honest, I felt enormous torment upon reading that the anti-LGBTQI+ bill, if it had been passed, was not only going to target gay people, but the allies, journalists, media owners who act as the proponents, and more ridiculously, house owners for sheltering the alleged homosexuals .
In effect, the said bill, if it had been passed, was not only going to criminalise the ostensibly benign praxes of LGBTI people, the freedoms and rights of heterosexuals and other innocent citizens and denizens would have been capriciously curtailed.
In fact, I cannot comprehend how and why the seemingly innocuous activities of LGBTQI+ could impact negatively on society more than the squeamishly cyclical corrupt practices of some criminally-minded politicians and other public servants.
Interestingly, countries like China, Indonesia, Thailand, Morocco, and Vietnam have imposed the death penalty on some acts of bribery and corruption which invariably damage the national economy or finances.
More so, there are schools of thought that believe that ‘capital punishment for corruption practices, money laundering and other kinds of economic crimes can serve as a deterrent, and can have long-term benefits to a nation’.
My dear reader, in spite of the fact that corruption is a serious economic, social, political and moral impediment to the nation building, our corrupt officials are bent on siphoning our scarce resources to the detriment of the poor and disadvantaged Ghanaians.
Considering the negative effects of bribery and corruption on society, the imposition of capital punishment on the fantastically corrupt public officials is of heightened importance more than the criminalisation of the ostensibly benign practises of LGBTQI+.
I will daresay that if we are really serious in protecting religious and societal norms, we should first of all focus on our shameless public officials and their corrupt practices.
I am cognisant of the fact that the 1992 Constitution of Ghana criminalises the practice of homosexuality.
If that were to be the case, how can any elected politician or an erudite practitioner exert all his/her precious time and energy on yet another law over bread and better issues?
I cannot end my fury in condemnation over the way and manner the supposedly morally upright Ghanaians are gleefully condemning the practice of the so-called evil of our time-homosexuality.
Whenever I hear all sort of people, ranging from pastors, prophets, soothsayers, black magicians to fetish priests, ventilating their arousing disgust over the so-called evil of homosexuality, the question I often ask myself is: is the practise of homosexuality the only sin the almighty God abhors?
The fact, however, remains that over the years we have been living with gays and lesbians in our communities.
So whether we like it or not, gays and lesbians will continue to practice in secrecy until thy kingdom come.
And, if indeed, the act of homosexuality is the greatest sin against God and mankind, they will account to their creator themselves one day, but not you and me.
We should, however, not lose sight of the fact that we are all descendants of Biblical Adam, and therefore each and everyone has his/her own shortcomings.
In all this, what appears much more bizarre is the renowned lawyers who are hiding behind the moral and religious invocations and consistently condemning the actions of the men and women who have volitionally chosen to go contrary to the conventional way of making love.
I must, however, confess that I used to appal homosexuality so much until I completed Masters in International Human Rights Law Programme.
Even though I personally dislike the act, I am of the conviction that homosexuals have their inalienable human rights and can therefore decide their sexual preference without any external interference.
And, to those who think that homosexuality is the greatest sin against their religion and God, hasn’t it written: thou shall not judge?
And to those law luminaries who have been protesting vehemently against the act of homosexuality: aren’t human rights universal, interdependent, indivisible and interrelated?
Basically, being a human rights lawyer means challenging discrimination and defending the inalienable rights and freedoms of ordinary citizens and denizens regardless.
This means defending, protecting and promoting those rights and freedoms irrespective of their race, religion, tribe, gender or sexual preference, and no matter where in the world they may be under threat.
In other words, a human rights lawyer is supposed to investigate, evaluate, and defend people in cases involving discrimination, torture and abuse amongst others.
What are Human Rights?
Rene Cassin, one of the principal drafters of the universal declaration of Human Rights, adopted by the General Assembly in 1948, subsumed the main tenets of human rights by juxtaposing them with the portico of a temple. Drawing on the battle cry of the French revolution, Cassin identified the four pillars of the declaration as: ‘dignity, liberty, equality, and brotherhood’ (Ishay 2004).
Apparently, the 27 articles of the declaration were divided among these four pillars. The pillar underpinned the roof of the portico (articles 28–30), which stipulated the conditions in which the rights of individuals could be realized within society and the state.
The first pillar covered in the first two articles of the declaration stands for human dignity shared by all individuals regardless of their religion, creed, ethnicity, religion, or sex; the second, specified in articles 3–19 of the declaration, invokes the first generation of civil liberties and other liberal rights fought for during the Enlightenment; the third, detailed in articles 20–26, addresses the second generation of rights, i.e. those related to political, social and economic equity and championed during the industrial revolution; the fourth (articles 27–28) focuses on the third generation of rights associated with communal and national solidarity, as advocated during the late 19th century and early 20th century and throughout the postcolonial era (Ishay 2004).
Based on the preceding explications, we can draw an adverse inference that human rights are the basic rights and freedoms that belong to every person in the world, from birth until death.
More significantly, human rights can never be taken away, although they can sometimes be restricted – for example, if a person breaks the law, or in the interests of national security.
In practice, basic human rights are based on values like dignity, fairness, equality, respect and independence. But then again, human rights are not just abstract concepts – they are defined and protected by national and international laws (EHRC).
Yes, human rights are the basic rights and freedoms that belong to every person in the world, from birth until death.
That being said, the fact that the Universal Declaration of Human Rights acknowledges that all human beings are born free and equal in dignity and rights, and more so when such rights are interdependent, interrelated, universal and indivisible, one would expect universal coverage of human rights.
Nevertheless, it does not appear to be the case. For instance, the human rights of lesbian, gay, bisexual and transgender people are somehow non-existent in most countries (UN 2011).
The legal obligations of States to protect the human rights of lesbian, gay, bisexual and transgender people are already encapsulated in international human rights law, which have been articulated severally in the Universal Declaration of Human Rights and other internationally agreed human rights treaties.
What is more, the International Covenant on Civil and Political Rights is candid on the universality, interdependence, interrelatedness and indivisibility of human rights.
For instance, Articles 2.1 and 26 of the International Covenant on Civil and Political Rights stress on universal coverage without discrimination. And, Article 17.1 emphasises that “no one shall be subjected to arbitrary or unlawful interference with his privacy, family, home, or correspondence, or to unlawful attacks on his honour and reputation’. Whereas Article 17.2 stresses that ‘everyone has the right to the protection of the law against such interference or attacks” (UN 1966).
It is also worthy of mention that all members of the human family are protected by the Convention against Torture and other Cruel, Inhuman or Degrading Treatment or Punishment (UN 1984).
But, despite the enactment of all these pragmatic provisions, lesbian, gay, bisexual and transgender people are more often than not face discrimination and violations in most countries.
Under normal circumstances, once a human rights treaty is ratified by a state, it becomes legally binding on the said state (Neumayer 2005; Cole 2009).
Yet meta-analysis suggests that some States Parties often do not comply with the treaty obligations following ratification (Hathaway 2007).
I hereby submit, albeit, humbly that since Ghana’s Constitution already frowns on the praxes of ‘gayism and lesbianism’, our elected Members of Parliament must rather think outside the box and help solve the pressing issues that affect the lives of the ordinary Ghanaian.