On Wednesday, following months of discussion, the parliament of Ghana passed a contentious anti-LGBTQ bill. Out of all the anti-LGBTQ laws in Africa, the Human Sexual Rights and Family Values bill is among the most severe.
In Ghana, being homosexual is already a crime that carries a maximum sentence of three years in jail. The new statute raises the maximum punishment to five years. Additionally, it would criminalize the dissemination of content seen as supportive of LGBTQ rights and impose a prison term on those found guilty of advocating for these rights.
The measure has to be signed into law by President Nana Akufo-Addo. It was supported by a group of traditional leaders from the Christian and Muslim communities of Ghana. Although he has not publicly stated his intention to sign the law, it is commonly believed that he will.
At a news conference on Tuesday, the Big 18 & Human Rights Coalition—a Ghanaian organization of attorneys and activists—stated that the measure “criminalises a person’s identity and strips away fundamental human rights” and petitioned the president to reject it.
According to Takyiwaa Manuh, a senior fellow at the Ghana Centre for Democratic Development, who spoke with CBS News, an article in the country’s constitution mandates that the possible financial impacts of legislation be carefully examined before being signed into law. As a result, Akufo-Addo has refrained from signing any previously sponsored bills into law.
The speaker of the house, according to Manuh, had not conducted the necessary examination of the new measure. If passed, the speaker claimed, the bill would impose a “heavy burden on the judiciary, the police and other aspects of life.”
“I am sad, disappointed and surprised that our commitment and democratic principles in this country appear to be so shallow,” lamented Manuh. “This bill represents a real danger to our country, and we are looking to the president to uphold the values of our country and constitution.”
According to Manuh, civil society organizations in Ghana are prepared to oppose the measure in court.
“Shockingly, we have found that the majority of people haven’t even read the bill,” according to her, “implies duties on parents, landlords, owners of businesses.”
According to her, many are taken aback by the extent to which the legislation could hold them responsible for the acts of others once they read it and comprehend how it could affect them.
According to activists, attacks on LGBTQ people have escalated in tandem with the bill’s scrutiny in recent weeks. There have been incidents of assaults, expulsions from school, robberies, and extortion from members of the community who threatened to expose them.
Many people have been expelled from their hometowns, fired from their jobs, and abandoned by their families, according to Manuh’s organization.
“It’s a chilling feeling,” she told CBS News. “No one should face jail time or harassment for their sexuality. Their rights must be respected.”
According to a UN warning from 2021, the law in question would “create a system of state-sponsored discrimination and violence” in Ghana towards the LGBT community.
A verdict on a statute that threatens life imprisonment or even death for homosexuality is presently being considered by Uganda’s top constitutional court. Uganda has the most severe anti-LGBTQ laws in Africa.
After the anti-homosexuality law was passed in December, civil rights groups in Uganda wasted no time in challenging it. The United States has censured that law and imposed sanctions on Uganda, including trade embargoes and visa restrictions, in response.
When the court decides whether or not the law is constitutional is an unknown.
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