Draft of draconian anti-LGBTQ bill in Ghana leaked

Feb 19, 2023 - 01:52
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Draft of draconian anti-LGBTQ bill in Ghana leaked

A draft of a draconian anti-LGBTQ bill in Ghana has surfaced online.

The “Proper Human Sexual Rights and Ghanaian Family Values Bill” draft is 36-pages long and contains clauses under which LGBTQ people and allies could be sentenced to up to 10 years in prison for supporting and advocating for LGBTQ rights in Ghana. The Guardian newspaper described the proposed measure as “one of the most draconian and sweeping anti-gay laws proposed around the world.”

The draft, which has yet to be introduced in the Ghanaian Parliament, details a plethora of behaviors between LGBTQ individuals that would be banned. They include “gross indecency,” which is defined as “the public show of amorous relations between or among persons of the same sex.” This act, labeled a misdemeanor, can result in “a term of imprisonment no less than six months and not more than one year.”

The bill in its current form would additionally propose strict media censorship that would ban media entities and creative individuals from producing content that promotes LGBTQ advocacy. Failure to comply with this provision would result in “not less than five years and not more than 10 years” of imprisonment. 

The draft’s release follows the May arrest of 21 activists and paralegals who attended a conference on how to advocate for LGBTQ rights.

Rightify Ghana, one of Ghana’s most prominent LGBTQ rights groups, released portions of the bill on its Twitter page.

“This bill is a homophobe’s dream law,” Rightify Ghana’s Danny Bediako told Reuters. “The community is shocked at how wide-ranging it is. People are even scared to go out now and some members say they will leave the country if the bill is passed into law. Even those who want to help us will be afraid.”

A State Department spokesperson also commented on the situation.

“In Ghana, we are concerned by the increasing anti-LGBTQI+ rhetoric and actions that undermine the human rights of members of that community. We are monitoring the situation closely,” the spokesperson told the Washington Blade on Monday in a statement. “In his video address to the [African Union], President Biden affirmed the United States policy to promote the human rights of all individuals, including women and girls, LGBTQI+ individuals, persons with disabilities, and persons of every ethnic background, faith and heritage.”

The World Congress of Families, a queerphobic organization, hosted an anti-LGBTQ conference in Ghana in 2019.

“It is clear that this [is] an imported bill with a signature of [the] World Congress of Families (WCF). It is a combination of bills from Russia, Uganda, Nigeria and other places where the WCF [has] been. It’s the worst anti-LGBTQ bill ever,” says Rightify Ghana on Twitter. 

The Human Rights Campaign notes the World Conference of Families during their 2019 conference advocated for the adoption of public policies supporting so-called conversion therapy and attacked sex education and women’s rights in Ghana. 

The World Conference of Families is an anti-LGBTQ organization based in the U.S. that the Southern Poverty Law Center has designated as a hate group. The World Conference of Families has supported efforts that have further criminalized LGBTQ identity and activity in Russia, Lithuania, Nigeria and Uganda. 

“[The WCF] has a long history of exporting its anti-LGBTQ narrative to many parts of Africa, often by framing LGBTQ people and the protection of their human rights as somehow foreign and un-African, a fundamentally inaccurate characterization,” says HRC in its report. 

The proposed Ghana bill is not unlike other measures on the African continent.

The Nigerian Senate in 2014 passed the “Same-Sex Marriage Prohibition Bill,” under which anyone convicted of entering into a same-sex marriage or relationship faced up to 14 years in jail. The measure also criminalized witnessing or supporting LGBTQ-related activities and public displays of same-sex relationships. 

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