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CWA # 1361, 31 March 2024
NIAS Africa Studies
Ghana: The anti-LGBTQ bill threatens a liberal democracy in West Africa

  Anu Maria Joseph

On 28 February, Ghana's parliament passed an anti-LGBTQ bill. The new bill imposes a three-year sentence for those who identify as LGBTQ, a five-year sentence for forming or funding LGBTQ groups and a ten-year sentence for anyone involved in LGBTQ campaigns aimed at children. The bill received majority support from lawmakers. It would come into effect once President Nana Akufo-Addo signs it.

Big18, a human rights coalition in Ghana, condemned the bill. A member of the coalition, Takyiwaa Manuh, stated: "You cannot criminalize a person's identity and that's what the bill is doing and it's absolutely wrong; We want to impress on the president not to assent to the bill, it totally violates the human rights of the LGBT community." 

The bill was sponsored by Christian, Muslim and traditional leaders (leaders of pre-colonial communities who continue to enjoy political power and influence on identity, language, customs and beliefs) with the support of several lawmakers. Opposition lawmaker Sam George, who supports the bill, stated: "There is nothing that deals with LGBTQ better than this bill that has been passed by parliament. We expect the president to walk his talk and be a man of his words."

In response, the United Nations human rights chief Volker Türk described the bill as "profoundly disturbing" and called the government not to sign it into law. He stated: "The bill broadens the scope of criminal sanctions against lesbian, gay, bisexual, transgender, transexual and queer people – simply for being who they are – and threatens criminal penalties against perceived allies of LGBTQ+ people."

On 29 February, the US stated that it is "deeply troubled" by the anti-LGBTQ+ bill, which threatens constitutional freedoms. The US State Department spokesperson Matthew Miller stated: "The bill would also undermine Ghana's valuable public health, media and civic spaces, and economy." 

The anti-LGBTQ stance in Ghana
After 2000, Ghana emerged as a leading example of liberal democracy in West Africa, where political instability and coups are familiar. However, since 2021, the country has taken several illiberal shifts, one of them being the anti-LGBTQ stance. In 2018, Human Rights Watch (HRW) reported that the queer community in the country "suffer widespread discrimination and abuse both in public and family settings." The anti-LGBTQ bill was drafted in 2021 against the opening of Ghana's first LGBTQ community centre, which sparked protests. 

The government, church and society play a significant role in the anti-LGBTQ bill. The ruling government and the opposition support the anti-LGBTQ stance without debates. They openly reject same-sex marriage, citing the cultural values of the country. Ghanaian President Nana Akufo-Addo recently stated that same-sex marriage will "never" be legalized during his term in office. Besides, the church has a significant say in Ghanaian society. The Christian Council of Ghana describes homosexuality as an "affront to human dignity" and "not a human right." The Christian Council of Ghana and the Ghana Pentecostal and Charismatic Council narrate being LGBTQ+ as "alien to the Ghanaian culture and family value system and, as such, the citizens of this nation cannot accept it." The government has gained popularity for its anti-LGBTQ stance as the majority of the population, which is highly religious, supports the anti-LGBTQ narrative.

The bill comes ahead of Ghana's presidential elections scheduled this year. While the human rights of the LGBTQ+ community are being compromised, Akufo-Addo's government has gained widespread popularity ahead of the election. This marks an illiberal democratic shift in the country with popular support. If the bill becomes a law, it would imply a likely increase in violence against the queer community under a supposedly democratic leadership infiltrated by unjust religious and traditional rationale.

The LGBTQ debate in Africa
Ghana is not the only country that recently adopted an extreme LGBTQ stance. Uganda and Kenya, two other African democracies, have joined Ghana recently. In March 2023, Uganda passed its Anti-LGBTQ Act, imposing severe punishments, including the death penalty for identifying as LGBTQ. The Ugandan anti-LGBTQ act is regarded as one of the most brutal in the world.

Meanwhile, Kenyan lawmakers are campaigning for anti-LGBTQ laws. According to Amnesty International, nearly 30 African countries have currently banned same-sex relations. Additionally, homophobic attitudes, behaviours and rhetoric have surged in the continent in recent years.

Ghana’s bill adds to the latest wave of anti-LGBTQ+ narratives in Africa. It would likely encourage other African countries to adopt a similar stance. Additionally, regional organizations, including the AU and ECOWAS, have opted not to respond to the development, implying probable ignorance or support for the issue. 

About the author
Anu Maria Joseph is a Research Associate at NIAS.

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