Ghana’s parliament passes bill to expand crackdown on LGBTQ+ rights

Ghana’s parliament, on Wednesday (Feb 28), passed a controversial bill to severely restrict LGBTQ rights in the country a week after it rejected a proposal to water down some of its measures including non-custodial sentences such as counselling for gay sex instead of jail terms.

The bill, which has been widely condemned by rights activists, still needs to be signed by the president before it becomes law. 

So far, President Nana Akufo-Addo has neither confirmed nor denied that he would pass the ‘Human Sexual Rights and Family Values’ bill, but he is widely expected to do so. However, observers, as per AFP, believe it is unlikely before an election in December. 

The president has said that it would sign the bill if the majority of Ghanaians want him to.

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While homosexuality is already illegal in the West African country and punishable by up to three years in prison, under the new law the maximum sentence would increase to five years. 

Bill makes identifying as LGBTQ+ illegal

The bill would also make identifying as LGBTQ+ illegal and those convicted could get a prison sentence of up to three years. 

The new bill has also sought to punish the promotion and advocation of LGBTQ rights and would give custodial sentences to people who are convicted of doing so. It would also make the distribution of material deemed supportive of LGBTQ+ rights illegal.

The bill, sponsored by a group of traditional leaders from the country’s Ghanaian, Christian and Muslim communities was approved unanimously following a third reading in the parliament. 

Proposal to water down measures rejected

Last week (Feb 21), Ghana’s parliament rejected a proposal to ease some of its harsh measures like giving non-custodial sentences such as counselling and community service for gay sex instead of jail terms. 

Ruling party lawmaker Alexander Afenyo-Markin who proposed the amendment argued that imprisoning people for LGBTQ+ offences would “worsen homosexuality and its promotion,” and defeat the bill’s original intent.

‘Absolutely wrong’

A member from the Big 18 & Human Rights Coalition, an umbrella group of lawyers and activists in Ghana said that the bill criminalises a person’s identity and said that they call on the president to reject it. 

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“You cannot criminalise a person’s identity and that’s what the bill is doing and it’s absolutely wrong,” Takyiwaa Manuh told AFP. “We want to impress on the president not to assent to the bill, it totally violates the human rights of the LGBT community.” 

In 2021, when the bill was first proposed, the United Nations said that it would create “a system of state-sponsored discrimination and violence” against sexual minorities.

A 27-year-old lesbian and LGBTQ+ activist who asked not to be named told Reuters, last week that the community was in a panic as the bill nears its passage. “We would now have to be extra careful with our way of life,” she said. 

(With inputs from agencies)