Ghana's Anti-LGBTQ+ Bill Reflects Global Tide of Intolerance

On 28 October 2023, Ghana’s parliament approved the Promotion of Proper Human Sexual Rights and Ghanaian Family Values Bill. This law criminalises same-sex relationships and advocacy for LGBTQ+ rights, imposing severe penalties including imprisonment and fines. The U.S. condemned the bill, reflecting a broader international concern.

Samuel Nartey George, the bill's sponsor and Member of Parliament for Ningo-Prampram, argues it upholds Ghanaian culture. He stated, "The majority of our people support this bill, and this is a reflection of our sovereign right to protect our heritage." Rights advocates counter that the legislation violates Ghana’s constitution and international obligations under treaties like the African Charter on Human and Peoples’ Rights.

The law threatens prosecution for identifying as LGBTQ+ or advocating for sexual minority rights. Critics warn of its chilling effect on civil society. A representative from the Centre for Popular Education and Human Rights Ghana remarked, "This law essentially makes it impossible for us to exist, let alone operate."

This bill's passage aligns with a global rise in intolerance. In June 2023, Uganda enacted its Anti-Homosexuality Act, imposing life imprisonment and even the death penalty for certain offenses. Similar proposals have emerged in Kenya and Tanzania, fueled by rhetoric framing LGBTQ+ identities as foreign.

What sets Ghana apart is the significant role of international advocacy in challenging the legislation. Western embassies and organisations like the European Union and the United Nations urged restraint. The U.S. Department of State warned that the bill could jeopardise Ghana’s trade and aid eligibility under the African Growth and Opportunity Act (AGOA), which expires in 2025. Yet, this external pressure has fortified proponents' positions, with George asserting, "Ghanaians will not be bullied."

Economic repercussions loom large for Ghana, which faces mounting public debt and inflation over 31% as of September 2023, according to the Ghana Statistical Service. Kwame Owusu, a senior economist, noted, "This legislation could deter foreign direct investment, particularly from firms that prioritise diversity and inclusion."

The legal status of the bill remains uncertain. President Nana Akufo-Addo has not signed it into law, despite previous endorsements. His office has remained silent since the parliamentary vote, raising questions about potential delays. Civil rights groups are mobilising for a constitutional challenge, although Ghana’s judiciary has historically avoided politicised cases.

Globally, advocacy groups are strategising their responses. Human Rights Watch, Amnesty International, and the International Lesbian, Gay, Bisexual, Trans and Intersex Association (ILGA) are amplifying campaigns urging donor governments and corporations to sever ties with nations enforcing anti-LGBTQ+ laws. Graeme Reid, director of the LGBTQ+ rights program at Human Rights Watch, stated, "We need more than statements of concern; we need consistent pressure that makes such moves politically and economically untenable."

Grassroots action is equally crucial. Activists in Ghana, often risking their safety, continue to organise. Delores Owusu, an LGBTQ+ advocate in Kumasi, expressed hope, saying, "This is about much more than one law; it’s about a fight for recognition, dignity and freedom."

The risk lies in normalising such laws within the African Union (AU), where debates over human rights have grown polarised. Naledi Makhubela, a South African legal scholar, warned, "If the AU cannot protect its most vulnerable, its credibility as a continental body suffers."

As Ghana awaits the president’s decision, the international community confronts a critical moment. The effectiveness of financial sanctions or diplomatic efforts remains uncertain, but the consequences of inaction are severe. Owusu cautioned, "History will judge us. Injustice allowed anywhere is a threat to justice everywhere."

The LGBTQ+ community in Ghana braces for the future, while advocates worldwide contemplate the next steps in this ongoing struggle.