Ghana passes a law making identifying as LGBTQ illegal

Ghana passes a law making identifying as LGBTQ+ illegal

  • By Thomas Naadi
  • BBC News, Accra

February 28, 2024, 16:28 GMT

Updated 1 hour ago

Ghana's parliament has passed a tough new law that imposes a prison sentence of up to three years for anyone convicted of identifying as LGBTQ+.

There is also a maximum prison sentence of five years for founding or funding LGBTQ+ groups.

Attempts to replace prison sentences with community service and counseling have been rejected by lawmakers.

It is the latest sign of growing opposition to LGBTQ+ rights in the conservative West African country.

The bill, which has been supported by Ghana's two major political parties, will only come into force if President Nana Akufo-Addo signs it.

He previously said he would do so if the majority of Ghanaians wanted it.

Gay sex is already a criminal offense in Ghana and is punishable by a prison sentence of three years.

Last month, Amnesty International warned that the bill poses “significant threats to the fundamental rights and freedoms” of LGBTQ+ people.

Activists fear there will now be witch hunts against members of the LGBTQ+ community and those who stand up for their rights, saying some will have to go into hiding.

Confirming this, Winnie Byanyima, the head of the UN body to combat AIDS, said: “If a human and sexual rights bill becomes law in Ghana, it will increase fear and hatred, could incite violence against fellow Ghanaians, and “This will also have a negative impact on freedom of expression, freedom of movement and freedom of association.”

She added that this would “impede access to life-saving services” and “endanger Ghana’s development success.”

The bill imposes a prison sentence of up to 10 years for anyone involved in LGBTQ+ advocacy campaigns for children

The public is also encouraged to report members of the LGBTQ+ community to authorities so that “necessary action” can be taken.

MPs said the bill was drafted in response to the opening of Ghana's first LGBTQ+ community center in the capital Accra in January 2021.

Police closed the center amid public protests and pressure from religious organizations and traditional leaders in the predominantly Christian country.

At the time, the Christian Council of Ghana and the Ghana Pentecostal and Charismatic Council said in a joint statement that LGBTQ+ was “alien to the Ghanaian culture and family value system and therefore the citizens of this nation cannot accept it.”

The bill approved by lawmakers is a watered down version of an earlier draft – for example, prison sentences were shortened and a controversial clause on conversion therapy was removed.

During the day-long debate, the ruling party's deputy leader, Alexander Afenyo-Markin, proposed further changes.

He said lawmakers should decide in a secret vote whether people convicted of being part of the LGBTQ+ community should be jailed by the courts or sentenced to community service and counseling.

However, he was forced into submission by lawmakers who favored prison sentences.

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