The President of Ghana, Nana Addo Dankwa Akufo-Addo, is entangled in a heated debate surrounding the Anti-LGBT+ Bill, passed by Parliament on Wednesday February 28, 2024.
The bill, officially named the Promotion of Human Sexual Rights and Family Values Bill, awaits the president’s decision on whether to grant it his approval, stirring up a passionate discourse among the clergy, the United States of America, academia, civil society organizations, and political adversaries.
The legislation criminalizes and proscribes activities related to lesbian, gay, bisexual, and transgender (LGBT) individuals, including their promotion, advocacy, and funding.
Perpetrators of such acts, could face imprisonment ranging from six months to three years, while sponsors and promoters, may be sentenced to three to five years.
The bill, now awaiting presidential assent, must be approved within seven days to take effect.
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However, Article 106 of the 1992 Constitution of Ghana, requires that if President Akufo-Addo, refuses to assent to the bill, parliament by a 2/3 majority vote can approve it into law.
Advocates for the bill, such as Rev. Dr Kwabena Opuni Frimpong, Executive Director of the Alliance for Christian Advocacy Africa, emphasize its reflection of national interest and urge President Akufo-Addo, to promptly sign it into law.
Dr Frimpong, argues that the bill addresses concerns shared by Ghanaians and deserves a national response.
Rev. Dr Opuni Frimpong argued “What happened in Parliament yesterday was not just about the MPs; it was something that is of national concern. It is something that troubled Ghanaians, and thankfully, some MPs took it to Parliament for us. We have been having conversations about it for a very long time, and we got Sam George and some other MPs to sponsor the bill in Parliament.
“What is left now is for the president to sign; we are pleading with him because this is of national consent; he should give it a national response,” the one-time head of the Christian Council stated whilst speaking in an interview with Accra-based UTV on February 29, 2024.
Responding to the position of critics, the clergyman noted that democracy requires that everybody have their say without being forced.
“Democracy requires that we have opinions. When I wake up in the morning, and I am hungry, I should be able to say that I am hungry without people asking me why I am hungry.
“So, because of democracy, we must allow everybody to share their opinion. Some people will prefer to share their opinions on TV, just as we are doing now, while others will prefer demonstrations or going to court. Some people prefer to go to Parliament like Sam George and his colleagues. So, we cannot stop people from having opinions as far as the bill is concerned,” he added.
However, critics, including Emerita Prof. Takyiwaa Manuh and Prof. Audrey Gadzekpo, contend that the bill is politically motivated and unnecessary, given existing laws addressing similar issues.
They express concerns about potential constitutional violations, asserting that the bill infringes upon fundamental human rights.
In response to critics, Dr Frimpong defends democratic values, emphasizing the importance of allowing diverse opinions.
He asserts that individuals, have the right to express their views through various channels, be it on television, in demonstrations, or within the parliamentary process.
Prof. Gadzekpo, the Board Chair of the Center for Democratic Development (CDD-Ghana), condemns the bill, stating that it infringes on essential human rights protected by the Constitution. She accuses bill sponsor Sam George of pursuing political gains, citing a change in his stance from supporting LGBTQ+ rights in the past.
Emerita Prof. Takyiwaa Manuh and Prof Audrey Gadzekpo, criticised the bill and argued that the bill was passed for political reasons, not genuine concerns about societal values.
They demanded that the bill should not be passed into law, because there are already existing laws prohibiting such activities in Ghana.
“We live in a country that is governed by the rule of law; we live under a constitution. No law, no Act that is passed can be inconsistent with the Constitution. Therefore, if there are violations of the Constitution, especially as regards the rights and freedoms that are guaranteed to all Ghanaians, the Constitution does not begin to differentiate according to your religion or identity. This law is unnecessary; we already have provisions in our laws that govern all matters,” Prof Manuh is quoted to have said in an interview on Starr News.
Prof Gadzekpo, also accused Sam George of fighting for the anti-gay bill to be passed into law for political benefits.
“I am telling you that they have passed it not for any reason but for political reasons. Mr. Sam George, the chief proponent of the bill, in 2015, when his candidate John Mahama was accused of having a friend who was a homosexual sponsoring him, Sam George is on record saying that the constitution protects those rights,” citinewsroom.com quoted her to have said.
“That is why we are saying that today is a sad day for democracy,” she added and insisted that the anti-gay bill was passed for political reasons.
“So I have to wonder why he changed his mind…What has changed? 10 years ago did he have a different morality from today, from 2021 when he proposed the bill.”
“That is why I am saying there is politics. They are walking over the bodies of vulnerable people,” she stated
The legislation imposes a ban on LGBT activities and makes their promotion, advocacy, and funding illegal. Individuals found guilty of these acts could face a jail term ranging from 6 months to 3 years, while those who promote and sponsor these acts could be imprisoned for 3 to 5 years.
Hours after passage, Prof. Gadzekpo in an interview with Citi FM, emphasized that the bill infringes upon fundamental human rights safeguarded by the Constitution. These rights include dignity, freedom of speech and association, procession participation, academic freedom, equality, and non-discrimination.
Prof. Gadzekpo, who is at the Communications Department of the University of Ghana, further asserted that the preservation of rights and freedoms was vital to constitutional democracy for which reason the bill was unwholesome.
Sam Nartey George, a Member of Parliament and sponsor of the bill, counters critics by alleging that they are financially motivated by LGBTQ+ groups to oppose the legislation. He questions their inconsistency in opposing the bill while acknowledging the existence of laws against LGBT+ activities.
But Sam George, who is the Member of Parliament (MP) for Ningo-Prampram reacted to Prof Manuh and Prof Gadzekpo, in an interview on Adom FM, on Thursday, February 29, 2024, questioning why the two academics and some other Ghanaians wanted the bill to be scrapped.
He said that the people against the anti-gay bill are saying that there are already existing laws on LGBT+ activities which means that there is nothing wrong with the bill.
The MP went on to allege that the only reason these persons are against the bill is that, they have been paid by LGBT+ groups to advocate against it.
“Do you realise the lack of intelligence and lack of logic in that argument? If all of the portions of the bill are in already existing laws, which is actually a fact, why are the same people running around now saying that the act must be killed because it infringes on human rights?
“Why have they not gone to court to challenge all the other existing laws? Let me tell you something, Prof Audrey Gadzekpo, Takyiwaa Manuh, CDD, all of them, they are doing this because of money.
He reiterated, “They are taking money to do this. I’m putting it on record, that they are all being funded by pro-LGBTQ groups. They are taking money to do the advocacy that they are doing”.
The United States government has also weighed in on the matter. The U.S. Department spokesperson, Matthew Miller, expressed concern over the bill, stating that it endangers the rights of Ghanaians and threatens the country’s international reputation and economic agreements.
U.S. Ambassador to Ghana, Virginia Palmer, echoed Miller’s sentiments, expressing sadness over the parliamentary approval of the bill. She emphasized its potential impact on basic human rights, freedom of speech, assembly, and the press, warning of adverse effects on public order, public health, and Ghana’s international standing.
In a post shared on X on February 28, 2024, the spokesperson of the United States Department, Matthew Miller, said that the bill violates the rights of the people of Ghana.
He also said the bill violates Ghana’s international reputation and economic agreements.
“The Ghanaian parliament’s passage of a bill criminalising members of the LGBTQI+ community imperils the rights of all its people, its international reputation, and its economic development.
“Ghana’s laudable tradition of tolerance will be undermined if this bill becomes law,” he wrote.
The USA Ambassador to Ghana, Virginia Palmer, on her part, also stated in a post shared on yesterday, Thursday, February 29, 2024, that she is sad that the Parliament of Ghana has passed the bill.
She said that the bill does not only infringe on the rights of Ghanaians who are gay but also undermines the rights of Ghanaians to free speech.
“I am saddened because some of the smartest, most creative, most decent people I know are LGBT. The bill Parliament passed takes away not only their basic human rights but those of all Ghanaians because it undermines their constitutional rights to freedom of speech, freedom of assembly and freedom of the press. It will be bad for public order and public health,” she wrote.
Ambassador Palmer added “If enacted, it will also hurt Ghana’s international reputation and Ghana’s economy.”
