Ghana: Anti-LGBTQ bill will pass before presidential election

A cross-party group of MPs led by opposition MP Sam George, who is one of the country’s most prominent anti-LGBTQ and anti-intersex figures, first introduced the Promotion of Proper Human Sexual Rights and Ghanaian Family Values Bill in March 2021. Lawmakers in August of that year considered it for the first time.

The bill, if passed, could see Ghanaians who identify as LGBTQ or intersex sentenced up to five years in prison. The measure would also criminalize cross-dressing, public affection between two people of the same sex, marriage among same-sex couples or the intent to marry someone who is the same sex.

The measure would criminalize corrective therapy or surgery for intersex people. 

Any person or group seen as promoting identities or prohibited acts in the bill or campaigning in support of LGBTQ and intersex people would face up to 10 years in prison. Any person who does not report consensual same-sex sexual acts could also face charges.

“The sexual rights and human values Bill that is being handled by the (Constitutional, Legal and Parliamentary Affairs) Committee will be passed before the next elections. We will pass it. That will go through,” Bagbin told reporters. “When we talk about sexual rights, we are talking about things that will add value to human beings by way of creating opportunities, of creating an equal playing ground of giving some privileges and rights to each and every one of us, of removing all the restriction and hurdles to make you more free. “

“That is what we call human rights. Anything negating that cannot be a right and don’t forget that rights go with responsibilities and duties go with obligations,” added Bagbin.

Abdul-Wadud Mohammed with LGBT+ Rights Ghana dismissed Bagbin’s comments.

“The statement from the speaker isn’t something new. He previously mentioned the passage of the bill by the end of 2021 and that didn’t happen,” said Mohammed. “Clearly, this is an attempt to divert attention from the current economic situation of the country. We already know the process for which the bill has to go through before it is passed and we are nowhere near the end of the process. We are following the bill closely. However, the situation of the 2SLGBTQIA+ community in Ghana is getting worse with this bill being discussed. We as LGBT+ Rights Ghana are putting in all the work and effort in making sure the bill is not passed.” 

The bill has received significant support from within Ghana, including from the Ghana Catholic Church.

The Ghana Anglican Church has described the bill as too severe. It has also been widely condemned around the world, including from NGOs and Victor Madrigal-Borloz, the independent U.N. expert on LGBTQ and intersex issues, and Archbishop of Canterbury Justin Welby.

Consensual same-sex sexual relations are currently prohibited in Ghana under the Criminal Code 1960. This provision carries a maximum penalty of three years’ imprisonment and only men are criminalized under this law.

The law was inherited from the British during the colonial period, in which the English criminal law was imposed upon Ghana. The West African country then retained the provision in its first Criminal Code upon independence, which remains in force, and continues to criminalize homosexuality today.