IN a significant setback for the LGBTQ community in Ghana, lawmakers have reintroduced a bill that could become one of Africa’s most restrictive anti-LGBTQ laws, according to three sponsors who spoke to Reuters. This move follows an earlier attempt that was thwarted by legal challenges.
Currently, consensual same-sex sexual activities in Ghana are punishable by up to three years in prison. According to Reuters, the proposed legislation would increase this penalty to five years and also impose jail time for the “wilful promotion, sponsorship, or support of LGBTQ+ activities”.
Ghana’s parliament initially approved the bill in February 2024, but it did not become law as then-President Nana Akufo-Addo did not sign it before his term ended. Reuters reports that the new president, John Dramani Mahama, took office in January and has expressed a preference for a government-sponsored initiative rather than one led by parliamentarians.
The bill was reintroduced in parliament on February 25, sponsored by 10 lawmakers, including ruling party members Samuel Nartey George and Emmanuel Kwasi Bedzrah, and opposition member John Ntim Fordjour. This legislation intensifies the crackdown on LGBTQ rights and those advocating for sexual and gender minority rights.
According to Reuters, Va-Bene Elikem Fiatsi, a Ghanaian trans woman and LGBTQ activist, described the bill’s reintroduction as “disheartening and hard to process,” but vowed that pro-LGBTQ activism would continue.
The proposed anti-LGBTQ legislation in Ghana could have significant impacts on both the country’s economy and its international relations.
The bill could jeopardize Ghana’s access to international aid and financing. For instance, the World Bank and IMF have previously warned that such legislation could impact their financial support, which is crucial for Ghana’s economic recovery. Ghana is currently facing severe economic challenges, including a high debt burden and reliance on IMF support.
The legislation may deter tourists and investors who value diversity and human rights, potentially affecting Ghana’s tourism and services sectors, which are significant contributors to the economy.
Ghana’s international reputation could suffer, impacting its ability to attract foreign investment and talent. This could undermine long-term economic growth and development strategies focused on diversification and private sector development. The bill could strain relations with Western countries that prioritize human rights and LGBTQ+ rights. This might lead to diplomatic tensions and potential sanctions or reductions in aid from these nations.
On global partnership and cooperation, Ghana’s participation in international forums and partnerships, such as the African Continental Free Trade Area (AfCFTA) and other regional initiatives, could be affected if the country is seen as violating human rights norms.
Ghana’s stance on LGBTQ+ rights could influence its standing within the United Nations and other human rights forums, potentially impacting its ability to influence global policies and secure international support.
Overall, the legislation poses significant risks to Ghana’s economic stability and international standing, particularly in terms of attracting foreign investment and maintaining favourable diplomatic relations with countries that prioritise human rights.
The main arguments against the anti-LGBTQ bill in Ghana are centred around its violation of human rights, its potential to exacerbate violence and discrimination, and its inconsistency with Ghana’s constitutional and international obligations. Here are some key points:
- Violation of Human Rights:
- The bill criminalizes consensual same-sex conduct and advocacy for LGBTQ+ rights, which is seen as a violation of fundamental human rights such as dignity, freedom of speech, freedom of association, and equality.
- It also criminalizes failure to report LGBTQ+ individuals to authorities and restricts freedom of expression online.
- The bill criminalizes consensual same-sex conduct and advocacy for LGBTQ+ rights, which is seen as a violation of fundamental human rights such as dignity, freedom of speech, freedom of association, and equality.
- Promotion of Violence and Discrimination:
- Critics argue that the bill will lead to increased violence and hostility towards LGBTQ+ individuals and their allies.
- It legitimizes prejudice and exposes people to hate crimes, police abuse, and denial of basic services like healthcare and education.
- Critics argue that the bill will lead to increased violence and hostility towards LGBTQ+ individuals and their allies.
- Inconsistency with Constitutional and International Obligations:
- The bill contradicts Ghana’s Constitution, which guarantees rights such as dignity and non-discrimination.
- It also violates international human rights norms and standards, including those related to equality, non-discrimination, and privacy.
- The bill contradicts Ghana’s Constitution, which guarantees rights such as dignity and non-discrimination.
- Economic and Social Impact:
- There are concerns that the bill could jeopardize international aid and financing, such as from the World Bank and IMF, due to its human rights implications(5).
- It may also harm Ghana’s international reputation and undermine democratic gains.
- There are concerns that the bill could jeopardize international aid and financing, such as from the World Bank and IMF, due to its human rights implications(5).
- Cultural and Social Misconceptions:
Proponents of the bill often argue that homosexuality is against Ghanaian culture and religion, but critics argue that these claims are misconceived and ignore the diversity of cultural and religious beliefs within Ghana(2).
