Ghana: Parliament passes bill with harsh anti-LGBTQI+ penalties
On 28 February 2024, Ghana’s Parliament voted to pass the Human Sexual Rights and Family Values Bill, which if signed into law would result in harsh criminal penalties for LGBTQI+ persons and allies.
The Bill makes it an offence merely to identify as a member of the LGBTQI+ community and criminalises a plethora of same-sex conduct. Offenders may be imprisoned for three to five years. Any person found to disseminate material which promotes prohibited acts is liable for imprisonment between five and ten years. Any person who is found to be an ally may also face between three to five years imprisonment, contributing to concerns about the Bill’s implications on freedom of speech, freedom of association, press freedom, and the right to privacy. Further, the Bill establishes a duty to report any offence to the police or other authorities, who are then required to assist in investigating and prosecuting the matter.
The Bill has faced widespread criticism by human rights activists. Rightify Ghana, a human rights organisation that advocates for sexual and gender minorities, has described the Bill as representing “a blatant disregard for the principles of democracy and human rights enshrined in the Constitution of Ghana.” A press statement by UNAIDS notes that “If [the Bill] becomes law, it will obstruct access to life-saving services, undercut social protection, and jeopardize Ghana’s development success.”
The Bill was first presented to Parliament in 2021. Since then, there have been several harmful incidents against members of the LGBTQI+ community.
In terms of Ghana’s Constitution, the Bill will now be presented to President Nana Akufo-Addo for assent. Within seven days of receiving it, he must either sign it into law or refer it back to Parliament with an objection.
- The Bill as originally tabled is accessible here.
- The report of the Parliamentary committee recommending that the Bill be passed is accessible here.
Please note: The information contained in this note is for general guidance on matters of interest and does not constitute legal advice. For any enquiries, please contact us at [email protected].
