Written by Andrew Hermann
Edited by Eliza Dorton and Annika Lilja
*Last updated on July 29, 2024
In a recent action, Ghana, the Christian and Islam-dominated West African nation, has etched a new chapter as the country’s parliament passed the Human Sexual Rights and Ghanian Family Values Bill: a bill that promises to impose severe penalties on members, allies, and advocates of the LGBTQ+ community. The bill proposes three years of jail time for anyone convicted of identifying as LGBTQ+, up to five years of jail time for anyone convicted of funding, forming, or having membership in LGBTQ+ advocacy groups, and up to ten years if those advocacy campaigns are aimed at children.
The passing of this bill has profound implications as countries across the globe, such as the United States and France, and NGOs, such as Amnesty International and the United Nations, call for its removal. The bill had support from both of Ghana’s two main political parties, signaling a pivotal increase in the violent persecution of LGBTQ+ people in West Africa. The bill now merely awaits President Nana Akufo-Addo’s signature to enact it into law. Meanwhile, the Ghanaian Supreme Court has delayed its ruling on an injunction request attempting to inhibit the Parliament's transmission of the bill to the president for final approval and ultimate implementation. This delay is significant as it means debates over the bill will not be a key subject in the upcoming presidential election set to take place in December 2024. Presently, LGBTQ+ individuals in Ghana have expressed concerns for their safety and those around them, including the safety of their health providers. The bill’s passage would undoubtedly result in a dramatic increase in Ghanaians seeking refuge from persecution—a development important to note amidst rapidly evolving policies regarding asylum-seekers in the United States.
The Ghanaian debate over LGBTQ+ rights is deeply intertwined with traditional family values. These traditionalist attitudes were a major reason why a 2014 Afrobarometer survey revealed that 86% of Ghanaians supported government action to prohibit same-sex partnerships. The bill is centered around traditional Ghanaian family values that emphasize traditional heterosexual marriage and recognize gender as binary and assigned at birth.
It is also extremely important to acknowledge the financial aspect of this bill. Ghana’s financial ministry has reported that if this bill is passed, the nation stands to lose $3.8 billion as a result of globally leveled sanctions. Thus, many international humanitarian bodies including Human Rights Watch have advised President Akufo-Addo to stand against the bill, citing these financial causes as vital to the prosperity of his country, and his eventual presidential legacy.
As the world awaits the Supreme Court ruling and President Akufo-Addo’s course of action, it is important to realize the gravity of what is to come. The future status of this legislation will not only profoundly shape Ghana’s future societal structure and cultural values, but will also undoubtedly have trickle-down effects that largely impact LGBTQ+ people and advocates all over the world.
Sources:
The Associated Press. “Ghana’s Anti-LGBTQ Bill Draws International Condemnation after It Is Passed by Parliament.” NBCNews.Com, NBCUniversal News Group, 1 Mar. 2024, www.nbcnews.com/news/world/ghanas-anti-lgbtq-bill-draws-international-condemnation passed-parliam-rcna141353.
“Ghana’s Leaders Push Back on Anti-LGBT Bill.” Human Rights Watch, 13 Mar. 2024, www.hrw.org/news/2024/03/12/ghanas-leaders-push-back-anti-lgbt-bill.
Igwe, Ignatius. “Ghana Supreme Court Defers Ruling on Anti-LGBTQ Bill.” Channels Television, 17 July 2024, www.channelstv.com/2024/07/17/ghana-supreme-court-defers-ruling-on-anti-lgbtq-bill/.
Lana Osei | JURIST Staff - GH & Natasha Kahungi | U. Nairobi School of Law - KE. “Legislating Identity: A Critical Analysis of the Anti-LGBT Bills in Kenya and Ghana. Jurist, 23 Apr. 2024, www.jurist.org/commentary/2024/04/legislating-identity-a-critical-analysis-of-the-anti-lgbt -bills-in-kenya-and-ghana/.
Naadi, Thomas. “Ghana Passes Bill Making Identifying as LGBTQ+ Illegal.” BBC News, BBC, 28 Feb. 2024, www.bbc.com/news/world-africa-68353437.