Anti-LGBTQ+ Bill Passed Into Law By Ghana’s Parliament

The Parliament of the West African nation, Ghana on Wednesday February 28, 2024 passed a landmark legislation, the Human Sexual Rights and Family Values Bill, 2021 into law.
The new legislation when finally gets Presidential assent seeks to prohibit lesbian, gay, bisexual, transgender, queer (LGBTQ+), and related activities in the country.

The passage of the Bill was not without resistance by right activists who believes the bill is an affront to the human rights of minority groups in society.

The United Nations said in 2021 that the proposed law, Human Sexual Rights and Family Values, would create “a system of state-sponsored discrimination and violence” against sexual minorities.

The new law proposes a jail term ranging from six months to three years for those found engaged in same-sex activities, with a more severe punishment of three to five years for promoters and activists of LGBTQ rights.

Before the passage yesterday, the lead sponsor of the bill, Samuel Nartey George proposed that clauses 10 and 11 of the anti-LGBT which deals with editorial policies of media firms be subjected to article 12 of the 1992 constitution which provides for the freedom of the media.

The Majority Leader, Alexander Kwamina Afenyo-Markin on his part also filed a motion for clause 12 of the bill which deals with the funding of LGBT activities to be subjected to the constitution but his proposal was negated by the House.

The passage of the Bill by Parliament comes a day after the Board Chair of the Ghana Center for Democratic Development (CDD-Ghana), Professor Audrey Gadzekpo, called on President Akufo-Addo to reject the Bill.

Prof. Gadzekpo argued that the bill undermines fundamental human rights protected by the Constitution, including the rights to dignity, freedom of speech and association, procession participation, academic freedom, equality, and non-discrimination.

The Bill would now require presidential assent to come into force. President Nana Akufo-Addo has not confirmed if he would sign the bill into law.

The bill is the latest in a wave of anti-gay legislation passed in Africa asTanzania, Niger and Namibia have tightened such laws in recent years.

In May 2023, Uganda signed one of the world’s toughest anti-LGBT laws, including the death penalty for “aggravated homosexuality.” Activists said it unleashed a wave of abuse and the World Bank suspended new funding to the country.

According to Amnesty International, thirty-one countries on the african continent criminalize consensual same-sex sexual activity.

The eight MPs who sponsored the bill throufh a private members motion were Sam Nartey George, Della Sowah, Emmanuel Kwasi Bedzrah, Alhassan Suhuyini, Rita Naa Odoley Sowah, Helen Ntoso, and Rockson-Nelson Dafeamekpor, all of the National Democratic Congress, as well as Rev John Ntim Fordjour of the New Patriotic Party.

By: Christian Kpesese