The International Commission of Jurists (ICJ) calls on the President of Ghana, Nana Akufo-Addo, to reject the “The Human Sexual Rights and Ghanaian Family Values Bill”. On 28 February 2024, Ghana’s national legislature approved this new piece of legislation, which, if enacted, would prohibit and criminalize consensual same-sex sexual conduct; “knowingly marrying or purport to marry a person who has undergone gender or sex reassignment”; or identifying as a lesbian, gay, transgender, transsexual, queer, pansexual, non-binary person, or even being “an ally” to any such persons; or holding out “any other sexual or gender identity that does not conform to the binary categories of male and female.”
Anyone committing these “offences” would be liable, upon conviction, “to a fine of not less than seven hundred and fifty penalty units and not more than five thousand penalty units [monetary penalty] or a term of imprisonment of not less than two months and no more than three years or both.”
“The criminalization of persons based on their real or perceived sexual orientation, gender identity or gender expression is repugnant and will result in the persecution of LGBTIQ+ persons and foster their stigmatisation and marginalisation. ICJ urges President Akufo-Addo to refuse to assent to the Bill”, stated Kaajal Ramjathan-Keogh, Director of ICJ’s Africa Programme.
Ghana has received recommendations in its latest Universal Periodic Report (UPR) to reject the anti-LGBTIQ+ Bill and promote the human rights of LGBTIQ+ persons by adopting legislation that provides protection to individuals from all forms of discrimination and violence.
If enacted, the Bill would also criminalize the provision of gender-affirming health care and services, in clear violation of the rights to non-discrimination and equality before the law and equal protection of the law without discrimination, to health and to privacy, among others, each of which is guaranteed under international human rights law standards and reflected in the Yogyakarta Principles.
Moreover, the Bill would impose a duty on individuals to promote and protect the binary categories of sex, along with the duty to “promote and protect the human sexual rights and family values” and place a duty on individuals to report “knowledge that an offence is committed under this Act”.
The Bill would also outlaw groups, associations, or organizations of LGBTIQ+ persons and participation in activities that seek to promote and advocate for human rights of LGBTIQ+ people and would criminalize the activities of human rights organizations that support their human rights.
“The provisions of the Bill amount to blatant discrimination and suppression of the freedom of opinion, expression and association of LGBTIQ+ individuals themselves as well as any other persons who seek to support them and uphold their human rights. Human rights defenders must be allowed to advocate for human rights in an environment free of stigma, reprisals, or criminal prosecution”, added Ramjathan-Keogh.
Background
The Constitution of Ghana recognizes the right to equality and freedom from discrimination. The fundamental principles of equality and non-discrimination are also entrenched under Article 2 of the International Covenant on Economic, Social and Cultural Rights, Articles 2 and 26 of the International Covenant on Civil and Political Rights, and Articles 2, 3 and 5 of the African Charter on Human and Peoples’ Rights.
In August 2021, the “Proper Human Sexual Rights and Ghanaian Family Values Bill was introduced to the Ghanaian Parliament. However, since its introduction, the Bill has received a wave of criticism from various international human rights bodies, the National Commission on Human Rights and Administrative Justice, and local human rights organizations.
After two years of consideration, the Constitutional Legal and Parliamentary Affairs Committee presented a report with a draft Bill to the Parliament on 5 July 2023. On 19 July 2023, the Supreme Court rejected a lawsuit that was brought by an individual seeking to block Parliament from passing the Bill. This cleared the way for the Parliament to adopt the Bill on 28 February 2024.
The Bill takes effect if the President assents to it. Various media reports suggest that President Nana Akufo-Addo has pledged not to sign the Bill until the Supreme Court rules on its constitutionality following another petition by an individual challenging the process of adoption of the Bill by the Parliament.
The enactment of the Bill would violate Ghana’s obligations under international human rights law to respect, protect and fulfil human rights; regrettably, the Bill reflects a trend of the introduction of laws that discriminate against and incite violence and persecution of LGBTIQ+ persons in Africa. Recently, for example, Uganda enacted the Anti-Homosexuality Act imposing harsh penalties, including the death penalty for “aggravated homosexuality”. In contrast, many countries around the globe have made progress towards decriminalizing “offences” that were based on sexual orientation and gender identity.
Resources
The Human Sexual Rights and Ghanaian Family Values Bill.
Yogyakarta principles – Principles on the Application of International Human Rights Law in Relation to Sexual Orientation and Gender Identity.
Resolution 275 of the African Commission on Human and Peoples’ Rights – Resolution on Protection against Violence and other Human Rights Violations against Persons on the basis of their real or imputed Sexual Orientation or Gender Identity.
ICJ, The Right to Freedom of Association For LGBTQI+ Rights Advocates in Africa.