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Ghana

Section 6. Discrimination, Societal Abuses, and Trafficking in Persons

Acts of Violence, Discrimination, and Other Abuses Based on Sexual Orientation and Gender Identity

The law does not prohibit discrimination based on sexual orientation and gender identity. The law criminalizes the act of “unnatural carnal knowledge,” which is defined as “sexual intercourse with a person in an unnatural manner or with an animal.” The offense covers only persons engaged in same-sex male relationships and those in heterosexual relationships. There were no reports of adults prosecuted or convicted for consensual same-sex sexual conduct.

LGBTI persons faced widespread discrimination in education and employment. In June 2018, following his visit to the country in April, UN Special Rapporteur Alston noted that stigma and discrimination against LGBTI persons made it difficult for them to find work and become productive members of the community. According to a 2018 survey, approximately 60 percent of citizens “strongly disagree” or “disagree” that LGBTI persons deserve equal treatment with heterosexuals. As of September the CHRAJ had received 34 reports of discrimination based on sexual orientation or gender identity.

LGBTI persons also faced police harassment and extortion attempts. There were reports police were reluctant to investigate claims of assault or violence against LGBTI persons. While there were no reported cases of police or government violence against LGBTI persons during the year, stigma, intimidation, and the attitude of the police toward LGBTI persons were factors in preventing victims from reporting incidents of abuse. Gay men in prison were vulnerable to sexual and other physical abuse.

In August LGBTI activists reported police abuse involving a young gay man robbed en route to meet a person he met on a dating site. When the man reported the incident to police, they took him briefly into custody because he mentioned to them that he was gay. Amnesty International reported in 2018 that authorities conducted involuntary medical tests on two young men who were allegedly found having sex.

Some activists reported that police attitudes were slowly changing, with community members feeling more comfortable with certain police officers to whom they could turn for assistance, such as the IGP-appointed uniformed liaison officers. Activists also cited improved CHRAJ-supported activities, such as awareness raising via social media. As one example, the CHRAJ published announcements about citizen rights and proper channels to report abuses on an LGBTI dating site. A leading human rights NGO held a legal education workshop for law enforcement for the first time in the conservative Northern Region.

A coalition of LGBTI-led organizations from throughout the country, officially registered in November 2018, held its first general assembly in September. Its objectives included building members’ capacity, assisting with their access to resources and technical support, and fostering networking.

Activists working to promote LGBTI rights noted great difficulty in engaging officials on these issues because of the topic’s social and political sensitivity. Speaker of Parliament Mike Oquaye said in October LGBTI persons should not be killed or abused, but rather should be handled medically or psychologically. Second Deputy Speaker of Parliament Alban Bagbin said in a radio interview in April 2018 that “Homosexuality is worse than [an] atomic bomb” and “there is no way we will accept it in (this) country.” President Akufo-Addo delivered remarks in April 2018 at an evangelical gathering where he assured the audience, “This government has no plans to change the law on same-sex marriage.” Media coverage regarding homosexuality and related topics was almost always negative.

In a September 27 radio program, an executive of the National Coalition for Proper Human Sexual Rights and Family Values asserted that the Comprehensive Sexuality Education program, developed by education authorities in partnership with the United Nations, had a “clear LGBT agenda,” sparking an anti-LGBT backlash as religious leaders, both Christian and Muslim, vehemently voiced their opposition to the educational proposal. The issue prompted President Akufo-Addo to assure them that government would not introduce a policy that is “inappropriate.”

Kenya

Section 6. Discrimination, Societal Abuses, and Trafficking in Persons

Acts of Violence, Discrimination, and Other Abuses Based on Sexual Orientation and Gender Identity

The penal code criminalizes “carnal knowledge against the order of nature,” which was interpreted to prohibit consensual same-sex sexual activity and specifies a maximum penalty of 14 years’ imprisonment if convicted. A separate statute specifically criminalizes sex between men and specifies a maximum penalty of 21 years’ imprisonment if convicted. Police detained persons under these laws, particularly persons suspected of prostitution, but released them shortly afterward. In October police arrested three men for violating the penal code provisions. The men denied the charge and were released on bail.

In 2016 LGBTI activists filed two petitions challenging the constitutionality of these penal codes. On May 24, the High Court issued a ruling upholding the laws criminalizing homosexuality, citing insufficient evidence they violate LGBTI rights and claiming repealing the law would contradict the 2010 constitution that stipulates marriage is between a man and woman. The LGBTI community filed appeals against this ruling. Leading up to the hearing of this case, and in its wake, the LGBTI community experienced increased ostracism and harassment.

LGBTI organizations reported police more frequently used public-order laws (for example, disturbing the peace) than same-sex legislation to arrest LGBTI individuals. NGOs reported police frequently harassed, intimidated, or physically abused LGBTI individuals in custody.

Authorities permitted LGBTI advocacy organizations to register and conduct activities.

The 2010 constitution does not explicitly protect LGBTI persons from discrimination based on sexual orientation or gender identity. Violence and discrimination against LGBTI individuals was widespread. For example, in April secondary school authorities in Mathira Constituency reportedly abused 32 girls for allegedly being lesbians and prohibited them from taking their end-term exams. In June the government ordered a group of 76 LGBTI refugees to leave their temporary quarters in Nairobi and return to the Kakuma camp, where they had been subject to homophobic attacks and death threats.

LGBTI refugees continued to face stigma and discrimination. They were often compelled to hide their sexual orientation or gender identity to protect themselves. National organizations working with LGBTI persons offered support to refugees who were LGBTI, including access to safety networks and specialized health facilities.

In 2017 the government formed a taskforce to implement a High Court’s judgment in the 2014 Baby ‘A’ case that recognized the existence of intersex persons. The taskforce submitted its final report to the attorney general in March. The report estimated the number of intersex persons in the country at 779,414. The taskforce found only 10 percent of the intersex population completed tertiary education, only 5 percent recognized themselves as intersex due to lack of awareness, and the majority lacked birth certificates, which caused numerous problems, including inability to obtain a national identity card. The census included intersex as a gender and reported 1,524 intersex persons. The disparity between these numbers is likely due to the report’s finding that many Kenyans did not recognize themselves as intersex due to lack of awareness and thus did not mark themselves as intersex during the census. The report concluded with a number of recommendations to realize the rights of members of the intersex community.

Nigeria

Section 6. Discrimination, Societal Abuses, and Trafficking in Persons

Acts of Violence, Discrimination, and Other Abuses Based on Sexual Orientation and Gender Identity

The 2014 SSMPA effectively renders illegal all forms of activity supporting or promoting LGBTI rights. According to the SSMPA, anyone convicted of entering into a same-sex marriage or civil union may be sentenced to up to 14 years’ imprisonment.

Following passage of the SSMPA, LGBTI persons reported increased harassment and threats against them based on their perceived sexual orientation or gender identity. News reports and LGBTI advocates reported numerous arrests. According to HRW, the law had become a tool used by police and members of the public to legitimize human rights violations against LGBTI persons such as torture, sexual violence, arbitrary detention, extortion, and violations of due process rights.

In the 12 northern states that adopted sharia, adults convicted of engaging in same-sex sexual activity may be subject to execution by stoning. Sharia courts did not impose such sentences during the year. In previous years individuals convicted of same-sex sexual activity were sentenced to lashing.

In August 2018 police in Lagos arrested 57 individuals, at a hotel party where police stated homosexual activities took place. They were charged with public displays of same-sex amorous affection under the SSMPA. In November a total of 47 men pleaded innocent and were granted bail for 500,000 naira ($1,575). Hearings were scheduled to resume on December 11 but were then adjourned until February 4, 2020.

Several NGOs provided LGBTI groups with legal advice and training in advocacy, media responsibility, and HIV/AIDS awareness; they also provided safe havens for LGBTI individuals. The government and its agents did not impede the work of these groups during the year.

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