‘Rainbow Statelessness’
response to a video of the ceremony circulating online, controversial Ghanaian
lawyer, Dr Maurice Ampaw, launched a campaign calling for Caesar to be stripped
of his citizenship. 66 Ampaw wrote on social media:
Ghana’s laws are against gay marriage and anal sex is illegal so if he as a Ghanaian
has married a gay partner then he must be forced to renounce his citizenship or we
have to denounce his citizenship in entirety because he is an illegality and ought to
be refused visa at the embassy … . He even ought to go ahead and denounce his
Ghanaian citizenship because we would not allow someone who is gay and has
married under gay laws to come and contaminate our people here.
It is unclear whether Caesar is in possession of another citizenship (noting that
Ghanaian law does permit dual citizenship). That said, the actions of Ampaw and
the reaction of the Ghanaian public have effectively rendered Caesar persona non
grata in his home country. Should the government be susceptible to the pressure,
they have potentially also turned Caesar into a stateless persons under international
law.
3
Ad Hoc Deprivation
There have also been occasional reports of further cases of arbitrary deprivation
based on SOGIESC discriminatory grounds where LGBTIQ+ persons have been
targeted for their actual or perceived sexual orientation, gender identity/expression
or sex characteristics. This is largely due to the state in question, or its
representative officials, appearing to consider the LGBTIQ+ individual’s actions
or existence as an existential threat to principles of national security or prescribed
morality. A preliminary review of such cases suggests that generally SOGIESCbased discrimination leading to (risk of) statelessness takes place without such
discrimination being formally embedded within nationality law, even when other
anti-LGBTIQ+ provisions exist. Further research is required to examine the extent
to which civil documentation officials or national intelligence services might be
more likely to (abuse their authority to) deny LGBTIQ+ persons citizenship in
jurisdictions where particular forms of SOGIESC are otherwise criminalised (eg
through an anti-homosexuality bill). Presumably, however, LGBTIQ+ persons
arbitrarily deprived of citizenship in socially conservative societies lacking legal
protections against such discrimination would be practically challenged in
appealing such decisions.
In view of the above, it is difficult to assess how widespread such cases might
be. However, social media indicates, as with the Caesar case above, how calls for
stripping citizenship from sexual minorities can be a popular conservative trope in
certain parts of the world. For example, in 2012 Ugandan religious leader Joseph
Sserwada called for Chris Mubiru, administrator of the national soccer team, to be
declared stateless when the latter was convicted of sodomy. 67 This case highlights
how incitement to deprivation of citizenship is framed as a punishment for deemed
immoral sexual behaviour. Although lacking concrete case information,
66
67
Devin Randall, ‘Ghanaian’s Gay Wedding Ignites Uproar and a Lawyer Calling for Revoked
Citizenship’,
Instinct
Magazine
(online,
5
September
2017)
<https://instinctmagazine.com/ghanaians-gay-wedding-ignites-uproar-and-a-lawyer-callingfor-revoked-citizenship>.
Godfrey Olukya, ‘Ugandan Pastor Seeks to Make Homosexual Stateless’, Africa Report
(online, 31 December 2012) <https://www.theafricareport.com/6244/ugandan-pastor-seeksto-make-homosexual-stateless/>.
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