My Turn: The homosexuality debate in Ghana, perspectives from public health.

Author: Sallar, Anthony Mawuli Ph.D

In this essay, I discuss the ongoing national debate on sexual orientation as it relates to homosexuality, laws against homosexuality, the effects of these laws and how they affect HIV and public health, and whether ignoring homosexuals affects only them, or affects the society at large. For easing reading, the terminologies, ‘gays, homosexuals, and Men who have Sex with Men (MSM)” have been used interchangeably.

In 2006, a news item which turned out to be false and could be termed gay/homosexual baiting (if it was planted by an anti-homosexual group in order to welcome anti-gay vitriol), or was at best Machiavellian par excellence (if it was planted by a pro-gay group in order to generate debate and fight for equality) was published in Ghanaian newspaper. The news item reported about an alleged international conference of homosexuals scheduled to take place at the Accra International Conference Centre and at a venue in the city of Koforidua by September ending 2006. Prior to this publication, the issue of homosexuality was not a public discourse or, if at all, the discussions were not so virulent with opponents drawing their lines in the sand.

Whatever the intentions of the group or the individual who planted the story, each side had its share of the citizens’ response. No sooner had the news item reached Ghanaians than responses started coming from all segments of society. President Kufuor’s government through its Information Minister, Kwamena Bartels, issued a statement banning the purported conference. Mr Bartels further called on the Minister of Interior to investigate and punish those who had given initial permission to the organisers of the conference. The National Association of Charismatic and Christian Churches (NACC) consequently congratulated the government on banning the conference, saying it reflected the voice of the vast number of people in Ghana. A statement in Accra signed by the Reverend Steve Mensah, Chairman of NACC, said it viewed homosexuality and lesbianism as a social vice that clearly contravenes Ghana’s Constitution and an affront to the moral and cultural values of Ghanaians. The statement condemned homosexuality and lesbianism as sexual perversions that should not be tolerated. It went further on to say that NACC sympathized with persons, who had found themselves enslaved by this unnatural sexual desire. The statement quoted the Scripture in Romans Chapter One which states God’s displeasure of same sex marriages and practice.

Not only had the utterances of the Christian faith leaders that castigated the purported conference but the National Chief Imam in Ghana, Sheikh Osman Nuhu Sharubutu, also waded in. In a September 6th news report, he congratulated the Ghana government for turning down the application for gays and lesbians to hold an international conference in Ghana. The statement called on religious bodies in Ghana to support the government on its ban because of the moral and the spiritual values of Ghanaians and to forestall calamities and curses. The statement further drew attention to both the Koran and the Bible on their abhorrence of what it called immoral tendencies and called on all Imams and the clergy to fight what it termed an alien practice in Africa.

Not to be undone, the Christian Council of Ghana, which is the umbrella organization of many Christian denominations in Ghana, waded into the deeper waters of the debate. At a press conference of September 4th 2006, it unequivocally condemned the activities and operations of gays and lesbians in Ghana. Right Reverend Dr. Paul Fynn, Chairman of the Council, castigated gays and lesbians and condemned without reservations the formation of ‘‘such an association in our beautiful and peaceful country’’. Thus the “conference that never was” has set the raging and passionate debate on sexual orientation in Ghana.

In his December 8th 2011 rejoinder on Ghanaweb entitled “Homosexuality Has Been Part of Our Culture and Tradition since Adam” one Mr. Justice Sarpong of Houston (USA) reported anthropological studies that showed about existence of MSM in Africa. In addition to those studies Mr. Sarpong cited, even though there have been official denials of homosexuality in most of Africa, homosexual behaviour among men have been documented on the continent. It was common but practiced in secrecy in Sudan, among the Kikuyu in Kenya, the Hausa in Nigeria, among mine workers from a variety of groups in South Africa, among prisoners in Zambia and Nigeria and among the Wolof community in Senegal. From the above, it can be said that it has been established that homosexuality has been with Africans since time immemorial. The fact that most people were not aware of the practice does not mean it was nonexistent. Thus most people were not aware of this sexual orientation and now we have increasing awareness probably because of the following reasons;

1. Increasing population of the country since independence. One researcher called Foreman contended that each society has about 5–10% of its population engaging in same sex relations. If this holds true, then in Ghana with even with a conservative estimate of 1%, same sex relations have increased over the years as follows: (population of 10 million, 100,000; when population was 15 million, 150,000; and at 2 million 200,000).

2. Due to reporting or wider coverage of news on homosexuality. In the olden days people got their news only from the government owned media. In these days we have proliferation of the print and electronic media, and coverage of news about homosexuality has increased hence informing the population at large about the issue.

3. The internet provides a forum where MSM can connect with others worldwide, nationally, and locally and can strategize as to how they can protect their interests.

Thus from the above 3 reasons and the research studies about the existence of homosexuality in Africa since time immemorial, it is incorrect to say that homosexuality is a recent phenomenon in Ghana and a foreign import. If it were so, how come homosexuality was first criminalized during British colonial rule? From what we know of colonialists, could they have made laws that were inimical to their interests?

Even though South Africa became the first country in the world to protect the rights of homosexuals in its constitution, similar arguments as stated above were made in South Africa when there were concerted efforts to characterize homosexuality as alien or nonexistent. Among blacks South Africans, the discourse characterized homosexuality as a Western colonial import, foreign in all respects to indigenous culture in black society. Among Afrikaner societies, similar discussion existed and Afrikaners considered homosexuality as foreign too, and inconsistent with true Afrikaner identity, and that, wealthy Jewish and English men were rather corrupting Afrikaner boys. In spite of the above, the African National Congress (ANC) government ensured that the post-apartheid constitution explicitly prohibited discrimination against sexual orientation and the ANC government consequently repealed the anti-gay laws which were passed during apartheid.


Laws against homosexuality
Worldwide same sex relations are criminalized in 79 countries and six apply the death penalty (Saudi Arabia, United Arab Emirates, Iran, Mauritania, Yemen, Iraq). Of the 79 countries that proscribe male same-sex acts, there are 37 (45.6%) in Africa, 11 in Latin America and the Caribbean, 8 in Oceania, and 23 (29.1%) in Asia. Even though most countries have laws against male homosexuality, they do not criminalize same sex acts between women.

Some of these criminalization dates back to colonial times. For example, in the Portuguese colonial countries (Mozambique, Sao Tome, and Angola), the law was passed in 1886 against same sex acts and amended in 1954 with a penalty of being sent to labor camps. In the ECOWAS region, the harshest punishments are in Sierra Leone (life imprisonment), Gambia (14 years) and Nigeria (14 years) with death sentence in 12 northern states that practice Sharia law.

The Ghanaian Criminal Code of 1960, Act 29, Chapter 6, Sexual Offences, Article 105 as amended in 2003 states: ‘‘Whoever is guilty of unnatural carnal knowledge—(a) of any person without his consent, is guilty of first degree felony; (b) of any person with his consent, or of any animal, is guilty of a misdemeanor’’ with a penalty of a minimum of 5 years imprisonment and no more than 25 years. In spite of this law, there have been news reports in the Ghanaian media about increased MSM activity in bars and club houses suggesting that the legislative and judicial sanctions may hardly impact on sexual orientation or behavior. A sampling of news headlines include
i. Same Sex Wedding Held In Kumasi (Joy Online 2011)
ii. ‘‘Sodomy cases rise in prisons’’ (Ghanaian Observer 2008)
iii. ‘‘Adabraka, Tesano, Paloma and Osu-hotspots’’ reported gay sex selling as a lucrative but illegal activity gaining ground in Ghana and fees are charged based on whether oral sex or anal sex or both is practiced (Gye Nyame Concord 2007).
iv. ‘‘British sodomite to be deported’’ (Daily Graphic 2007).
v. “Research showed homosexuality is real in Ghana’’ (Ghanaian Times 2006)
vi. “Students dismissed for homosexuality’’ (Ghana News Agency 2005)

Similarly there have been headlines about respecting the rights of homosexuals in Ghana, albeit these calls have been limited at best. There were headlines such as “Nana Oye Lithur: Gays Have Rights & Must Be Respected” (2011) and “Homosexuals Have Rights Of Association - Ndebugri” (2011)
Unlike other African countries, it seems Ghana has been spared official harassments of MSM in sub-Saharan Africa (I stand to be corrected), even though religious and political leaders have been making comments about not passing legislation to legalize homosexuality. Here are some documented harassments reported in some African countries against MSM.
1. In Cameroon, 11 men were jailed on sodomy charges.
2. Zimbabwe’s President Robert Mugabe said homosexuals were ‘‘worse than dogs and pigs’’ and should have no rights at all.
3. In Uganda, the President justified against gays and lesbians by the fact that their actions are ‘‘against the order of nature’’ and later Uganda made attempts to pass laws that would give death penalties to homosexuals even though Uganda had life imprisonment as penalty already on its books.
4. In Nigeria, the army fired 10 soldiers for engaging in sexual acts with other men.
5. Namibia’s first President Sam Nujoma described MSM as ‘‘foreign influence with corrupt ideology’’ bent on exploiting Namibia’s democracy.
6. President Yoweri Museveni, of Uganda, in 1999 announced that he had instructed the Criminal Investigations Department to look for homosexuals, lock them up and charge them
7. In 2001, Sam Nujoma who was then Namibia’s President advised college students that “The Republic of Namibia does not allow homosexuality or lesbianism here. Police are ordered to arrest you, and deport you and imprison you”
8. In 2006, a 23-year old Senegalese man, upon being blackmailed by a man with whom he had a casual sexual encounter, reported the matter to the police. He was rather arrested and charged for crimes against the order of nature.
9. On May 21, 2005 Cameroonian gendarmes nabbed 11 men aged 17-35 years in a bar which was alleged to be a socializing place for MSM. In November, the prosecution threatened to force the men to undergo an anal examination to establish homosexual acts.
10. In September 2006, the Red Pepper a tabloid in Uganda published the names of almost 50 people claiming they were homosexuals and called on readers to report “these deviants so that we publish and shame them to rid our motherland of this deadly vice”. The publication culminated into arrests of homosexual men in Uganda and others went into hiding. The fear by homosexuals was exacerbated when in January 2011, a gay activist, Mr. David Kato was murdered when a newspaper published his photograph with others that they were homosexuals with a banner under them saying “Hang Them”. Other anti-gay moves (Anti-Homosexuality Bill aka "Kill the Gays bill") by Uganda would be further explored in the next article entitled “The politics and economics of the homosexuality debate in Ghana”

The public health impact of HIV/AIDS and homosexuality
A UNAIDS report of 2005 estimated that HIV seroprevalence rates for MSM in Africa were higher than in the regions of Latin America, Asia, Eastern and Central Europe who have programs targeted at MSM with resources from their national coffers as well as donors.

In many parts of the world, HIV prevalence among MSM is more than 20 times higher than in the general population. In North America and Western Europe HIV epidemic is prevalent among MSM and more men are living with HIV than women.

In 2009, women accounted for about 26% of people living with HIV in North America and 29% in Western and Central Europe. Thus, unprotected sex between men is the major mode of transmission in North America, Western and Central Europe. According to UNAIDS, data from 23 European countries show that annual number of HIV diagnoses among MSM rose by 86% between 2000 and 2006. The high infectivity rate among MSM for example is manifested in France, where MSM represent only 1.6% of the general population, yet they account for more than 50% of new HIV infections among men. In the United States of America, new HIV infections resulting from unprotected sex between men increased by more than 50% between 1991–1993 and 2003–2006. From the foregoing, it becomes apparent that HIV affects more MSM than the general population.

What is the situation with MSM in sub Saharan Africa where HIV continues to wreak havoc and the region bears a disproportionate share of the global HIV burden? In 2010 it was reported that in 2009, the HIV pandemic had been devastating in sub Saharan Africa where an estimated 22.5 million people were living with HIV. The number represents 68% of the global HIV burden. It is not possible to determine HIV/AIDS infectivity among MSM in most African countries because “there are no homosexuals in Africa”. The information on the impact of HIV on MSM is provided in continents where MSM is legal or MSM sexual orientation is recognized. In sub Saharan Africa, almost three decades into the pandemic, little is known about how HIV might have disproportionately affected Africa’s MSM. This is because public health authorities have long believed that almost all cases of AIDS in African adults are attributable to heterosexual transmission. But as of now we know the following:
1. Published anthropological reports documented the long and diverse history of homosexuality in Africa. It showed that MSM existed in all parts of Africa and suggested that they could be a population that is significantly vulnerable to HIV/AIDS and sexually transmitted infections.

2. A UNAIDS report of 2005 estimated that HIV seroprevalence rates for MSM in Africa were higher than in the regions of Latin America, Asia, Eastern and Central Europe who have programs targeted at MSM with resources from their national coffers as well as donors.

3. It has been reported that MSM in sub-Saharan Africa are nearly 4 times more likely to be infected with HIV than the general population and there is high level of HIV infection among MSM in sub Saharan Africa.

4. In addition, up to 20% of new HIV infections in Senegal and 15% each in Kenya and Rwanda were associated with unprotected sex between men.

5. According to a published research report, about 21.5% of the 4,442 MSM in Dakar and 9.3% among 713 MSM in Sudan were HIV positive.

6. HIV prevention services reach only one tenth to one-third of people who engage in male homosexual activity and less than 1 in 20 MSM get HIV care and services they need.

The important question then becomes, “What is happening in Ghana among the MSM population with regard to HIV infection? “ I dare say we do not know. The question is, “Should we know?”. I believe we should know so that we can develop the appropriate public health intervention among this sub group population. Those who are homophobic may argue that “who cares, good riddance let them all die”. I say “not so fast countrymen because what affects MSM also affects heterosexuals as well because our lives are linked directly and indirectly”. The following examples throw light on my contention. It has been published that
1. In some countries due to official harassments, arrest, detention, or religious homophobia, most MSM keep their sexual life secret. This secret is even kept from their own family. It has been shown that if you openly discriminate against MSM, people move into the closet and that have many ramifications to the society at large.

2. Some of the MSM can be bisexual or sleep with women to hide their MSM identity because of the stigma associated with being an MSM. According to a published report report 88% of MSM in Dakar (Senegal) and 69% in Kenya had reported having sexual relations with a woman at least once in their lives.

3. In Senegal, four out of five (82%) of the surveyed men who have sex with men said that they also have sex with women, and in Malawi, 1/3 of MSM were married or cohabiting with a woman.

4. A Ghanaian news item of December 6th 2006 reported that 62% of ‘‘Ghanaian gays indulge in heterosexual activities’’ with their wives and girlfriends.

5. Also, studies conducted in Botswana, Malawi, and Namibia found that 34% of MSM were married to women, and a total of 54% reported having sex with both men and women in the previous 6 months.

6. Some studies in USA show that women were infected by bisexual men, and some men who are bisexual and have HIV do not disclose their seropositivity and their sexual orientation to female partners.

It has been reported that as a group discriminated against, there are no official programs targeting MSM and they are unable to access services unlike their heterosexual counterparts (HIV prevention, HIV screening, prevention for positives, etc). Furthermore, only 6 countries (Gabon, Sao Tome and Principe, Mauritius, Central Africa Republic, Cape Verde, and Guinea Bissau) from the continent signed the December 2008 UN Assembly declaration to decriminalize homosexuality. Thus discrimination continues to be the order of the day. It is important to note that public policy predicated on religious dogma is a prescription for woeful failure. If religion were driving public policy we would not do the following;
1) Prosecute criminals (thieves, child molesters, rapists armed robbers etc) because they can be judged in the hereafter by God. This is because the modern state has assumed protection and rights of its citizens

2) Providing public family planning services to unmarried boys and girls and boys. After all they are not supposed to have sex before marriage. However we are fully aware that providing reproductive health services to teenage boys and girls to prevent unwanted pregnancy does not mean we support premarital sex. Similarly, providing abortion services does not mean one supports the notion of women using abortion as a means of birth control.
Finally, I will invite readers to note that the argument that homosexuality does not lead to procreation, hence if it is not nipped in the bud can lead to decline in population, is at best in inaccurate. Demographers have long ago established that for a population to replace itself all that is required is for a woman to have 2.1 children. Two is what every woman needs to give birth to, to ensure that the world would not slip into absolute population declining phase. Once a woman has two children, she has replaced herself and her husband, companion, or boyfriend. The decimal point one is to take care of infant mortality and some other factors. Thus whether there are homosexuals or not, it will not affect the population of the country.
In conclusion, I want to leave readers with the following questions or issues to ponder over. Prominent conservatives in United States of America have had children or relatives who are homosexuals:
i. Former Vice president Dick Cheney (of the USA)’s daughter is openly gay. Mary Cheney. In 2006 it was announced that Mary Cheney and her longtime lesbian partner were expecting a child. A statement issued from the then US Vice president’s office stated "The vice president and Mrs. Cheney are looking forward with eager anticipation to the arrival of their sixth grandchild,"

ii. Republican (USA) presidential candidate, Newt Gingrich’s sister (Candace Gingrich-Jones) is openly gay

iii. Mrs Phyllis Schaffly is a constitutional lawyer and an American politically activist, who is ultra conservative, and author who founded the Eagle Forum. She is known for her opposition to modern feminism ideas, virulently anti-gay. For her campaign against the Equal Rights Amendment she claimed that it would open the floodgates of gay weddings. In 1992, her eldest son (John) was outed as gay and Mrs Schaffly admitted her son’s homosexuality.
In conclusion, I invite readers to take a look at your best friend or brother or sister. Think about the one who will call you at 2 am when you are enjoying your deep slumber, saying that he needs help and you would either enter your car or take a taxi and go to wherever he/she wants you to. You will give him/her your last penny and he/she will do the same for you. One day he/she comes to you and tells you he/she has been keeping a secret which he/she can no longer keep. You listen intently and he/she tells you that he is a homosexual. What will you do?

Next in the series: “The politics and economics of the homosexuality debate in Ghana”
The writer has a doctorate degree in Epidemiology and teaches public health and has interests in political economy, social justice, and political strategy. He can be reached via email on masallar@hotmail.com

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