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Ghana: Supreme Court Upholds Colonial-Era Anti-Lesbian, Gay, Bisexual, and Transgender (LGBT) Law

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The supreme court of Ghana on July 24, 2024, upheld a colonial-era law that criminalizes adult consensual same-sex conduct, contrary to Ghana’s human rights obligations, Human Rights Watch said today. The judgment comes at a time when the country is engulfed in a debate over a dangerous anti-LGBT law which would take persecution of sexual and gender minorities and their allies even further.

“Ghana’s supreme court unfortunately upheld the British colonial legacy of criminalizing so-called ‘unnatural sex,’” said Rasha Younes, interim lesbian, gay, bisexual, and transgender (LGBT) rights director at Human Rights Watch. “The law had been challenged on the grounds that it violated the constitutionally protected rights to privacy and personal liberties, rights that everyone has under international law as well, and regardless of their sexual orientation.”

Ghana’s constitution ensures respect for human dignity, protection of personal liberty, and the right to privacy for all. Yet, violence against LGBT people is prevalent, and persecution has escalated in recent years with debates about the bill.

Prince Obiri-Korang, a law lecturer at the University of Ghana, initiated the suit to overturn the law. Under section 104(1)(b) of Ghana’s Criminal Offences Act 1960 (Act 29), inherited from the British colonial law, “whoever has unnatural carnal knowledge[…]of a person sixteen years or older, with his consent, is guilty of a misdemeanor.” Unnatural carnal knowledge is defined in section 104(1)(2) as “sexual intercourse with a person in an unnatural manner or with an animal.” According to the supreme court judges, “unnatural manner” also includes the use of sex toys.

With this ruling, the court has expanded the interpretation of Section 104(1)(b), apparently adopting language from the anti-LGBT Promotion of Proper Human Sexual Rights and Ghanaian Family Values Bill, 2021, which specifically prohibits a person, in clause four, from engaging in any acts that undermine the proper human sexual rights and Ghanaian family values.

In 2017, while Human Rights Watch was researching the impact of this law, Jones Blantari, chief superintendent of Ghana’s police force, told Human Rights Watch, “the term unnatural carnal knowledge is vague, does not have any clear meaning in law, creates difficulties in consistent interpretation and its application is used to target LGBT people.”

The bill carries heavier criminal penalties for same-sex activities, increasing the maximum penalty from three years to five years in prison, and expands the possibility of extending criminal charges against anyone who identifies as LGBT, queer, pansexual, and any other non-conventional gender identity as well as allies to these communities. It would also punish anyone providing support, funding, or public advocacy for sexual and gender minorities rights.

Members of parliament introduced the bill in 2021. In addition to expanding the possibility of criminal charges against those advocating for LGBT rights, the bill allows for criminal charges against anyone who uses  social media platforms to produce, publish, or disseminate content promoting activities prohibited by the bill.

Significant figures in Ghana publicly opposed the bill, including the Roman Catholic Cardinal of Ghana Peter Turkson, and a former member of parliament and major political party chair Samia Nkrumah.Nkrumah urged the president to veto the anti-LGBT bill, calling it “brutal, harsh, and unjust.” Nkrumah’s father, the late Kwame Nkrumah, is a key figure in African and Ghanaian history. In the 1950s and 1960s, he led the independence movement and served as the country’s first president and prime minister.

Ghana’s parliament passed the draconian bill in February 2024, and it remains with President Nana Akufo Addo, awaiting his signature.

“Ghana’s supreme court missed its opportunity to rid the country of its alien legacy of egregious colonial-era laws,” Younes said. “The court’s failure to uphold basic rights for LGBT people only further emphasizes why the president should veto the new bill.”

Distributed by APO Group on behalf of Human Rights Watch (HRW).

Africa’s Private Sector Review of the Global Digital Compact

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A consultation session on the Global Digital Compact (GDC) was hosted virtually by the Economic Commission for Africa (ECA) in collaboration with the Africa Information and Communication Technologies Alliance (AfICTA) for Africa’s Private Sector, aimed at soliciting input and feedback on the GDC Rev.1., published on May 15, 2024.

Ms. Sorene Assefa, Digital Governance and Cybersecurity expert at the ECA, presented the origins of the Global Digital Compact within the framework of the Pact of the Future, set to be adopted at the Summit of the Future in September 2024. She highlighted ECA’s role in shaping Africa’s stance and contributions to the GDC consultation milestones, as well as the upcoming roadmap for the GDC.

The discussions examined how well Rev.1 addresses the continent’s needs and priorities from a private sector perspective and discussed how the sector can effectively engage to turn Africa’s Global Digital Compact (GDC) Principles into actionable outcomes on the ground.

A recurring theme was the need for strong regulatory frameworks to foster innovation and ensure that private sector priorities align with the GDC’s goals, promoting a secure and prosperous digital future for Africa.

Participants highlighted the need to quantify and correlate infrastructure-to-investment returns as efforts continue to implement objectives outlined within the GDC Rev.1. Leveraging Africa’s youthful demographic is another priority, with a focus on creating job opportunities through robust data governance and digital skills. 

The following key recommendations were made at the review session:

Focus on national level implementation: As more countries restructure their ministries to include digital governance and transformation agendas, it is crucial to focus on national-level implementation to ensure the Global Digital Compact (GDC) document effectively enables countries to achieve their digital objectives.
Quantify investment-to-infrastructure value: Quantify the intentionality and rationale behind improving infrastructure based on added value for the private sector, emphasizing how the digital economy benefits overall economic growth, increases connectivity to create competitive advantages, and delivers bankable projects. Research cited during the session noted that an investment of one dollar in Digital Public Infrastructures (DPIs) can yield a return of 32 dollars gained from enhanced institutional competitiveness and citizen welfare.
Sector Applications: Applications in agriculture, education, and transport were highlighted as critical areas where digital transformation can significantly impact economic growth and societal development.
Building on effective platforms that are working: The use of existing frameworks, such as the Commission on Science and Technology for Development (CSTD) and the Internet Governance Forums (IGFs), were discussed to reduce bureaucracy and streamline efforts through consultative platforms.

Additionally, improving connectivity to bridge the digital divide and promote digital inclusion for the nearly 500 million people without digital identities is crucial. Mactar Seck, Chief of the Technology and Innovation Section at the ECA said, “enhancing cyber diplomacy and data governance is also a priority to mitigate risks that could result in up to a 10% GDP loss due to cyber threats.”

Initiated in 2019 with a roadmap set by the UN Secretary-General in 2020, the GDC aims to establish shared principles for an open, safe, and secure digital ecosystem.

Distributed by APO Group on behalf of United Nations Economic Commission for Africa (ECA).

Ghana: President Akufo-Addo’s Outlines Extraordinary Achievements In Healthcare Infrastructure

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President Nana Addo Dankwa Akufo-Addo, during his acceptance speech for an Honorary Doctor of Science Degree from the University of Health and Allied Sciences (UHAS), highlighted the significant achievements of his administration in the healthcare sector.

With a total expenditure of over GH¢33 billion, the Akufo-Addo government has made remarkable strides in improving healthcare infrastructure across Ghana.

The President detailed the numerous healthcare projects completed under his administration, emphasizing the construction and equipping of polyclinics, hospitals, and specialized treatment centers. These projects have been crucial in addressing the healthcare needs of various regions and improving the overall quality of healthcare services in the country.

“We have successfully constructed and equipped ten polyclinics in the Central Region, located in Ajumaku Bisease, Gomoa Dawurampong, Biriwa, Etsii Sunkwa, Binpong Egya, Gyamera, Mankrong, Akonfude, Ekumfi Naakwa, and Gomoa Potsin,” President Akufo-Addo announced. He added that these facilities were completed and commissioned in August 2018, marking a significant step forward in regional healthcare.

In the Greater Accra Region, five polyclinics have been constructed and completed in Ogbojo (Adentan), Ashaiman, Bortianor, Oduman, and Sege, commissioned for use in May 2019. These facilities have significantly enhanced healthcare access in the region.

The President also highlighted the completion of a nationwide TB case detection program in August 2018, benefiting 48 facilities with essential equipment. Additionally, the major rehabilitation and upgrade of the Tamale Teaching Hospital, Phase II, completed and handed over in February 2019, have significantly boosted healthcare delivery in the Northern Region.

“We have constructed ten treatment and holding centers, with two of these facilities located in Aflao and Keta, here in the Volta Region,” President Akufo-Addo mentioned, emphasizing the comprehensive approach his administration has taken in addressing healthcare needs across the country.

Moreover, the President detailed the construction of regional and district hospitals by the Egyptian company, Euroget. Notable among these projects are the Wa Regional Hospital, commissioned in August 2019, the Ga East Municipal Hospital (Kwabenya) in November 2019, and the Nsawkaw, Tepa, Twifo-Praso, and Konongo District Hospitals, commissioned between 2021 and 2022. These facilities have greatly enhanced healthcare services in their respective regions.

The Bekwai District Hospital, commissioned in November 2020, is currently operational, serving the people of Bekwai. The University of Ghana Medical Centre (Phase II), commissioned on 24th December 2021, has boosted medical research and treatment capabilities. Additionally, district hospitals and polyclinics in Sawla, Tolon, Somanya, Buipe, Wheta, and Bamboi were completed and handed over in February 2021, augmenting primary healthcare across various communities.

The President also mentioned the expansion of radiotherapy and nuclear medicine services at both Korle Bu Teaching Hospital and Komfo Anokye Teaching Hospital, enhancing cancer treatment capabilities. District hospitals and integrated IT systems in Dodowa, Fomena, and Kumawu were completed and commissioned as of July 2024, further modernizing healthcare infrastructure.

Several projects have been completed and are awaiting commissioning, including public health facilities in the Western Region, the Bolgatanga Regional Hospital Phase III, and twelve district hospitals in the Eastern, Ashanti, Ahafo, and Greater Accra Regions. The Urology and Nephrology Centre of Excellence at Korle-Bu Teaching Hospital and various treatment and holding centers are also in the final stages.

Ongoing projects slated for completion by December 2024 include additional treatment and holding centers, staff accommodation at Dodowa, refurbishment of Effia Nkwanta research laboratory, and a paediatric clinic in Weija-Gbawe municipality. The government is also constructing a training facility for the National Ambulance Service at Nkenkasu in the Ashanti Region and equipping the Komfo Anokye Teaching Hospital Maternity and Children’s Block.

Furthermore, the President highlighted the Agenda 111 initiative, which aims to provide 101 standard 100-bed district hospitals, six new regional hospitals, and two psychiatric hospitals at an estimated cost of $1.765 billion. The average completion rate of the ongoing Agenda 111 projects is 65%, with some sites nearing 80% completion.

The President noted that these projects are being undertaken by indigenous Ghanaian contractors, providing direct and indirect jobs to Ghanaians. Upon completion, the Agenda 111 hospitals will employ approximately 67,635 people, significantly boosting employment in the healthcare sector.

In addition to infrastructure development, the Akufo-Addo government has recruited 202,527 medical personnel since 2017, including doctors, nurses, support staff, pharmacists, medical herbalists, and allied health professionals. The National Health Insurance Scheme has also seen a resurgence, with active membership increasing from 10.6 million in 2016 to 17.9 million at the end of 2023.

“Our work is far from complete. We are committed to continuing our efforts to improve healthcare delivery across the country, with the ultimate goal of achieving Universal Health Coverage (UHC) by 2030,” President Akufo-Addo affirmed.

The President’s speech highlighted the significant progress made in healthcare infrastructure under his administration, reflecting a commitment to ensuring access to quality healthcare for all Ghanaians and laying the groundwork for a brighter, healthier future.

Distributed by APO Group on behalf of The Presidency, Republic of Ghana.

Ghana: President Akufo-Addo Commissions Phase II Expansion Project Of University of Health and Allied Sciences (UHAS)

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On Monday, 29th July 2024, President Nana Addo Dankwa Akufo-Addo commissioned the Phase II expansion project of the University of Health and Allied Sciences (UHAS), highlighting the significance of this development for Ghana’s healthcare sector.

Reflecting on the project’s journey, President Akufo-Addo recalled the sod-cutting ceremony for Phase II on September 10, 2021. He acknowledged the need for further infrastructural development at UHAS to fulfill its mandate effectively. Under his directive, the Ministers for Education and Finance, in collaboration with UHAS management and the then Vice Chancellor Professor John Owusu Gyapong, secured $60 million in funding from the Chinese Government.

The President expressed gratitude to the President, Government, and People of the People’s Republic of China for their support and the strengthening bilateral relations between the two nations. He also acknowledged the efforts of the outgoing Chinese Ambassador to Ghana, His Excellency Lu Kun, and his predecessor, the late Ambassador Her Excellency Sun Bahong. The contribution of the contractors, Nantong Sijian Construction Group, and Ghana’s former Ambassador to China, Ambassador Edward Boateng, was also recognized.

The completion of Phase II will significantly enhance UHAS’s capacity to train more health professionals, including doctors, nurses, pharmacists, and other allied health practitioners. This expansion is essential to address the growing healthcare needs of Ghana’s population and the demand for a skilled workforce. With additional facilities and resources, UHAS will be better positioned to offer comprehensive education and practical training, ensuring graduates are well-prepared for the healthcare sector’s challenges.

Moreover, the new facilities will support cutting-edge research and innovation, allowing scientists and researchers to explore new advancements in medicine and healthcare delivery. This progress is crucial for developing locally relevant solutions to health challenges and establishing Ghana as a leader in health research in Africa.
To mark this special occasion, President Akufo-Addo announced a personal donation of ten desktop computers and ten laptops to UHAS. These devices will aid the administration and enhance the university’s capacity to provide quality education and services.

President Akufo-Addo also took the opportunity to express his profound gratitude to the outgoing Chairperson of the University Council, the esteemed former Justice of the Supreme Court, Mr. Justice Jones Victor Mawulorm Dotse, for his exemplary leadership and contributions over the past six years. He wished Mr. Dotse God’s blessings and success in his future endeavors.

The commissioning of the Phase II expansion project marks a significant milestone in UHAS’s journey towards becoming a premier institution for health education and research in Ghana and beyond.

Distributed by APO Group on behalf of The Presidency, Republic of Ghana.