While Pearl’s story of being subjected to a mob assault for being a lesbian is horrific, violence against this group of women in Ghana often takes place in the privacy of their own homes–the place where they ought to feel the most secure. Lesbian, bisexual women and transgender men are frequently victims of domestic violence. Numerous interviewees told Human Rights Watch that in certain instances, such suspicion has led to violence, extortion and arrests. All the interviewees said that they either felt they had little choice but to adopt self-censoring behavior, or worse, deny their sexual orientation or gender identity to avoid suspicion by family members and the communities in which they live. Lesbian, gay, bisexual and transgender Ghanaians interviewed by Human Rights Watch said that the combination of the criminalization of adult consensual same-sex conduct and the profoundly religious and socially conservative Ghanaian context has an insidious effect on their individual self-expression. The two young women were forced to flee the village.
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In May 2016 in a village outside Kumasi in the Ashanti region, the mother of a young woman organized a mob to beat up her daughter and another woman because she suspected they were lesbians and in a same-sex relationship. Also, several men described being severely beaten by mobs of young men-often after being lured into compromising situations and blackmailed on social media. For instance, in August 2015 in Nima, Accra, a young man was allegedly brutally assaulted by members of a vigilante group known as Safety Empire simply because they suspected he was gay. This report documents how dozens of LGBT people have, on numerous occasions, been attacked both by mobs and members of their own families, subjected to sexual assault, intimidation and extortion. The law also contributes to a social environment in which there is pervasive violence against lesbian, bisexual and gender non-conforming women in the home and LGBT people more generally in communities where they live. The retention of section 104(1)(b) – commonly referred to as the anti-gay law – is often seen as tacit state approval of discrimination, and even violence, on the basis of real or imputed sexual orientation and gender identity. Despite the rare, if any, prosecutions under this provision, Human Rights Watch found that the criminalization of adult consensual same-sex conduct contributes to a climate in which violence and discrimination against LGBT people is common. It documents the human rights impact of section 104(1)(b) of the 1960 Criminal Offences Act (Act 29) on the lives of LGBT people in Ghana.
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This report is based on interviews conducted between December 2016 and February 2017 in Accra (Ghana’s capital), Tamale (the capital of the northern region of Ghana), Kumasi (the capital of Ashanti region in southern Ghana) and Cape Coast (capital of Central region in southern Ghana) with 114 Ghanaians who self-identify as LGBT.
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Nevertheless, LGBT people are very frequently victims of physical violence and psychological abuse, extortion and discrimination in many different aspects of daily life, because of their sexual orientation and gender identity. At least two government agencies, the Ghana Police Force and the Commission on Human Rights and Administrative Justice (CHRAJ), have reached out to LGBT people and taken proactive steps, including through providing human rights training workshops to help ensure their protection. It criminalizes “unnatural carnal knowledge” in section 104 (1) (b) of its Criminal Offences Act, which the authorities interpret as “penile penetration of anything other than a vagina.” However, the law is a colonial legacy that is rarely, if ever, enforced, and unlike several of its neighbors, Ghana has not taken steps in recent years to stiffen penalties against consensual same-sex conduct or to expressly criminalize sexual relations between women. Ghana has a mixed record on its treatment of lesbian, gay, bisexual and transgender (LGBT) people. Pearl, 30-year-old woman, January 2017, Kumasi, Ghana The pastor said I should confess everything before I die.
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A youth boy put a car tire around my neck and poured petrol over my body, ready to burn me. They took me outside, dragging me and beating me at the same time. One police officer kicked me with his boot on my mouth, said I shouldn’t talk. They asked me if I was a lesbian, and I said no. Summary In mid-September 2009, the District Chief Executive in my town called me for a meeting…I was taken to the conference room and made to sit in the middle of about 50 people.