We demand the immediate dismissal of all charges against the 21 human rights defenders who were arrested in Ho, Ghana on 20th May 2021 by the Volta Regional Police Command. The accused persons (“the Ho 21”) were in Ho for a paralegal workshop to learn how to identify and report human rights abuses of every Ghanaian citizen, including LGBTQI+ Ghanaians who tend to experience a disproportionate amount of intimidation and violence from both civilians and police officers. According to the Volta Regional Police PRO, Sergeant Prince Dogbatse, the Ho 21 have been charged with "unlawful assembly" under section 202 of the Criminal Offenses Act 1960 (Act 29).

The Ho 21 were exercising their constitutional right to association, free speech and advocacy. Since their arrests, the Ho 21 have been subjected to inhumane and unjust treatment, including being arbitrarily denied bail three times. During that time, the prosecution requested additional time to “look for evidence” to substantiate their charge. The prosecution’s case is baseless and in direct contravention to Ghana’s elected position on the UN Security Council and stated commitments to human rights. To be clear, LGBTQI+ identities are not illegal in Ghana nor does Ghanaian law criminalize highlighting human rights abuses and advocating for change. Ghana’s Constitution guarantees freedom of speech and freedom of association for all Ghanaians.

We welcome the news that the Ho 21 were finally granted bail on June 11th, 2021, after 22 days in jail and tireless advocacy by ordinary citizens and human rights organizations alike. It is the first of many steps needed to repair the damage of this unlawful arrest. We make the following demands to fully rectify this unjust situation and avoid its repetition in the future:

Demands:

1. We call on the State Attorney, Ministry of Justice and Attorney General to:

- Drop all charges against the 21 human rights defenders arrested in Ho on 20th May 2021;
- Mandate training for police departments around the country on gender violence and discrimination to curb ongoing police assaults on marginalized Ghanaians.
 

2. We call on Parliament to:

- Repeal section 104 of the Criminal Code of Ghana, a draconian colonial-era law that creates an unsafe environment for Ghanaians, especially LGBTQI people;
- Block any legislation that would further erode human rights protections for LGBTQI people, including the right to access information about and advocate for their rights.
 

3. We call for a commission of inquiry, pursuant to Article 278(1) of the Ghanaian Constitution, to investigate the unlawful arrest, detention, and prosecution of the 21 human rights defenders. We call for the Commission to offer reparations for the constitutional rights violations, loss of employment, and other pain and suffering that the Ho 21 have endured.

Signed,
Silent Majority, Ghana
Association for Women’s Rights in Development (AWID)
Rightify Ghana
LBQT Consortium
Pan-African ILGA