Ghana anti-homosexuality bill, global reactions
The passage of the Ghana anti-homosexuality bill by the Ghanaian Parliament has attracted condemnations from the global community.
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Known as the ‘’Promotion of Proper Human Sexual Rights and Family Values Bill’’, the legislation seeks to restrict the rights of homosexuals.
Ghana’s Criminal Code, Act 29, of 1960, now known as Criminal Offences Act, punishes sodomy or homosexual practice with a three-year imprisonment.
The new legislation that becomes law when President Akufo-Addo gives his assent to it, seeks to widen the scope of punishment by introducing a wide range of restrictions and punitive measures against offenders.
It imposes a three-year imprisonment on those who are identified or identify themselves as homosexuals or belong to the LGBTQ-plus groups in the country.
It prescribes a five-year prison sentence for those who advocate homosexuality and prohibits the access of homosexuals to basic medical services, education and housing.
The bill imposes up to five years imprisonment for “wilful promotion and sponsorship or support of LGBTQ-plus activists.”
Advocates of homosexuality face up to 10 years’ imprisonment and display in public of same-sex affection and cross-dressing could face a fine or imprisonment.
Publication of materials of pro-homosexual news, articles and ideas in the mass and social media, is prohibited by the bill.
In its current form, the bill violates the right to privacy, right to health, freedom of association and freedom of movement, freedom of expression and freedom of the press.
In prohibiting debate, advocacy, writing and discussions on homosexuality, the bill violates the rights of lecturers, teachers, students and activists who seek to share their opinions and views on homosexuality.
The right to privacy is violated because the act of homosexual practice is not done in the open.
It takes place in closets and it is intruders and spies who would get access to information about what homosexuals do inside their rooms.
A provision imposes up to 10 years of imprisonment for those who produce, procure, or distribute materials that seek to promote homosexualism in Ghana.
The United States, the United Kingdom, the United Nations and the International Human Rights Commission are among the countries and international institutions that have responded to the passage of the bill.
The High Commissioner for Human Rights, Volker Turk, has said that the passage of the bill is profoundly disturbing.
“The bill broadens the scope of criminal sentences against lesbian, gay, bisexual, transgender, transexual and queer people for being who they are and threatens criminal penalty against perceived allies of LGBTG+ people,” Mr Turk said.
“I called for the bill not to become law.
I urge the Ghana Government to take steps to ensure everyone can live free from violence, stigma and discrimination, regardless of their sexual orientation or gender identity.
Consensual same-sex conduct should never be criminalised.
“The bill is contrary to Ghana’s constitution and freely undertaken regional and international human rights obligations and commitments – including to leave no one behind in the implementation of the 2030 agenda for sustainable development,” he added.
Mr Turk said further that the bill “violates key international human rights norms and standards on equality, non-discrimination, privacy and equal protection of the law.”
The United States Government has said that it is “deeply troubled” by the passage of the stringent anti-LGBTQ-plus bill.
That country asked for a review of the constitutionality of the Bill.
‘’The bill seeks to criminalise any person who simply identifies as LGBTQ+ as well as any friend, family or member of a community who does not report them,’’ the US State Department said in a statement.
‘’The bill will also undermine Ghana’s valuable public health, media and economy,” the department said and added that “the United States echoes the call by those Ghanaians who have urged a review of the constitutionality of the bill to protect the rights of all individuals in Ghana.”
The United Nations also condemned the bill and requested that it should not be made law in Ghana.
Reasons advanced by the UN for condemning the bill were similar to those made by the US and others.
At home in Ghana, some civil society organisations have also condemned the bill.
Commission for Human Rights and Administrative Justice (CHRAJ) and the Centre for Democratic Development (CDD) Ghana have threatened to go to court.
“I think that it is our duty as civil society organisations to go to court and test the provisions of the bill against our Constitution because we contend that the Constitution is the law of the land and any bill from Parliament has to conform with the Constitution and we don’t think that this bill does,’’ Prof. Audrey Gadzekpo has said.
Passage of the bill and reactions from the UN, the US, the International Human Rights Commission and others, do not translate into good prospects for Ghana.
What advantages are Ghanaians to derive from the bill that has also been condemned by civil society organisations in Ghana such as CHRAJ and CDD?
Some benefits derive when the bill becomes law.
However, the disadvantages to Ghana and the Ghanaian economy outweigh the few advantages – much of which Ghana’s Criminal Code Act 29 of 1960, now known as the Criminal Offences Act, can take care of.
The code prohibits sodomy or homosexuality practice and imposes a three-year imprisonment as punishment.
Oxford Advanced Learner’s Dictionary described sodomy as ‘’a sexual act by which a man puts his penis in somebody’s anus, especially, another man’s anus’’.
It appears that lesbianism, which is described as sex between two women, is not covered by the code.
If that is the case, a simple amendment of the code to include lesbianism is what is necessary.
Any act that seeks to promote or advance the practice of sodomy or homosexuality is not lawful under Ghana’s existing laws.
So, in the meantime, Ghana can dispense with the anti-homosexuality law until the economic problems are over.
Presently, Ghana stands to suffer the loss of economic and financial support from the International Monetary Fund (IMF) and the World Bank.
The $3 billion credit facility that the IMF has approved for Ghana may be suspended because of the passage of the bill.
The Ministry of Finance has advised the President not to give his assent to the bill because Ghana could lose 3.8 billion dollars in funding from the World Bank should the bill become law.
As has happened to some African countries, including Uganda, Ghana’s access to benefits from the Africa Growth and Opportunity Act (AGOA), an American African economic instrument, can be suspended.
Economic and financial support from European Union member countries may also be withdrawn.
Those countries and international organisations believe that the bill violates the human rights of Ghanaians as spelt out in the 1992 Ghana Constitution.
Ghanaian human rights and democratic institutions such as CHRAJ and CDD, hold the same view.
IMF, the World Bank and the European Union do not want to collaborate with countries that violate the human rights of their citizens.
For such reasons, Ghana’s President Akufo-Addo has assured the international community that he will not sign the bill into law until the Supreme Court of Ghana has pronounced on its constitutionality.
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