Just like most countries in Africa, same-sex conduct is illegal in Ghana but this doesn’t seem to be enough for the Ghanian government who late last year proposed a new anti-LGBTQ+ draft bill to fully criminalize LGBTQ+ people, along with rights groups and anyone coming out in their support.
According to Guardian, The bill is under review by a parliamentary committee and may yet be amended. If passed in its current form, rights groups say it could spark a witch-hunt of sexual minorities, advocacy groups, and “allies”, forcing the public to report on their activities.
A few harmful points in the new bill:
- The law would criminalize, with up to five years in prison, identifying as an LGBTQ+ person, having a gay relationship or intercourse.
- Marrying or intending to marry someone who has had gender reassignment surgery would also be criminalized, with up to five years in prison.
- It would also criminalize “cross-dressing”, enabling prosecution of anyone dressing in a way perceived as different from their biological sex.
- A clause targets intersex people and would allow the state to recommend “corrective therapy” or surgery.
- Any LGBTQ+ “allies”, whether individuals or advocacy and support groups, could be prosecuted and face up to five years in prison.
- Any person or group seen as “promoting” identities or acts prohibited in the bill, or campaigning to support the rights of LGBTQ+ people, could face even tougher terms of up to 10 years in prison.
Who is behind the bill?
It was put forward by a cross-party group of MPs led by Sam George, an opposition MP and one of the most prominent anti-gay figures in parliament. Support has come from a powerful conservative group called the National Coalition for Proper Human Sexual Rights and Family Values – an umbrella group of religious and conservative groups. It is led by Moses Foh Amoaning.
After being reviewed by the Ghanaian Committee in Parliament to assess its constitutional validity, on 17 November attorney general Godfred Dame delivered a saddening blow, stating that parts of the bill do “pass the test of constitutionality”, although others “violate some fundamental rights and freedoms enshrined in the constitution”. Parliament will now decide whether to amend the bill to remove these sections.
