Ghana’s new anti-homosexuality bill has sparked significant controversy due to its potential infringement on the rights and freedoms of not only lesbian, gay, bisexual, transgender, intersex and queer (LGBTIQ+) individuals but also heterosexuals. The bill, which has been in development since 2021 as a private member’s bill in parliament, aims to address human sexual rights and family values, but its implications raise serious concerns about discrimination and the restriction of fundamental freedoms.
The proposed Human Sexual Rights and Family Values Bill seeks to criminalize consensual sexual relations between two homosexual adults and also extends to criminalizing other acts such as oral sex, which are practiced by heterosexual couples. This has raised questions about the bill’s impact on the rights of all individuals, regardless of sexual orientation.
If passed, Ghana would join 36 African countries where homosexuality is already illegal, with some imposing severe penalties including the death sentence. This places Africa as a challenging environment for the LGBTIQ+ community, despite progress being made in certain countries to repeal colonial-era laws.
From a human rights law perspective, the bill raises significant concerns about privacy, health, freedom of association and expression, as well as press freedom. The criminalization of consensual sexual relations between two homosexual adults and the proposed harsh sentences for violators are viewed as prohibitive and disproportionate. Additionally, the bill’s potential to infringe on the right to privacy through intrusive enforcement methods is alarming.
Furthermore, the bill’s provisions could lead to instances of discrimination, abuse, and violence against members of the LGBTIQ+ community. It also poses a threat to individuals and organizations that support or advocate for LGBTIQ+ rights, potentially leading to violations of freedom of association and expression.
One particularly troubling aspect is the ban on providing healthcare support for transgender persons, which directly impacts the universal right to health. The forced disbandment of LGBTIQ+ associations in Ghana would also constitute a violation of the right to freedom of association and expression.
The bill’s impact extends beyond the LGBTIQ+ community, affecting educators, media personnel, civil society activists, and individuals who share content related to LGBTIQ+ topics. The imposition of harsh sentences on teachers who address LGBTIQ+ issues in the classroom could infringe on academic freedom and the right to education. Moreover, the criminalization of producing or distributing material promoting LGBTIQ+ activities may lead to abuses of freedom of expression, information, and press freedom.
In light of these concerns, it is essential to consider legal avenues for addressing the potential infringements posed by the bill. President Nana Akufo-Addo has the power to intervene by not assenting to the law in its current form or by referring it to the Council of State for advice. Additionally, citizens have the option to challenge the constitutionality of the bill through the Human Rights Court or the Supreme Court.
The proposed anti-homosexuality bill in Ghana raises fundamental questions about human rights, discrimination, and freedom. It is crucial for all stakeholders to engage in constructive dialogue to ensure that any legislation respects and upholds the rights and dignity of all individuals, irrespective of their sexual orientation or gender identity. The protection of human rights should be at the forefront of legislative efforts, promoting an inclusive and equitable society for all.
-source theconversation | curated by Aisha Yakubu | Ghana Crimes
