LIVE: Parliament grills Barker-Vormawor over bribery allegation
Ghana to restart process to criminalise same-sex activities
Ghana to restart process to criminalise same-sex activities
By: Nii Ammui Fio | 3 mins read
Ghana is set to revisit legislative efforts aimed at criminalizing same-sex activities, as President John Dramani Mahama has indicated his support for reintroducing the Human Sexual Rights and Family Values Bill, commonly known as the Anti-LGBTQ+ Bill, as a government-sponsored initiative rather than a private member's bill.
Speaking to a gathering of clergy, President Mahama clarified the bill's current status, stating, “As far as I know, the bill did not get to the President for assent. And so the convention is that all bills that are not assented to before the expiration of the life of Parliament expired, and so that Bill is effectively dead, it has expired.”
Mahama emphasized the importance of national consensus in reintroducing the bill, advocating for a collaborative approach. “I do think that we should have a conversation on it again, so that all of us, if we decide to move that bill forward, [we do so] with a consensus,” he remarked.
The president further proposed that the bill be reintroduced with formal government backing after thorough stakeholder consultations.
“I don't know what the promoters of the bill want to do, but we should have a conversation about it again… probably it shouldn't be a private members bill. It should be a government bill with government behind it after consultation with all the stakeholders to see how to move this forward,” Mahama explained.
Before his recent statements, Mahama had maintained a cautious stance on the bill, stressing constitutional compliance.
In a December 4 interview with BBC Africa, he clarified, “It is not an anti-LGBTQI Bill; it is a Family Values Bill. It was approved unanimously by our Parliament. [LGBTQI] is against our African culture, it is against our religious faith, but I think we must look at the Bill, and the president must indicate what he finds wrong with that bill and send it back to Parliament or alternatively he must send it to the Council of State and get the Council of State’s advice.”
When asked whether he would sign the bill into law if elected, Mahama responded, “It depends on what is in the Bill.” He reiterated that a thorough review with advisory bodies would guide his decision. “That is what I would have done,” he affirmed.
The bill aims to criminalize LGBTQ+ activities, including advocacy, promotion, and financial support for related causes. If passed, it would introduce punitive measures against individuals and organizations supporting LGBTQ+ rights. Proponents argue the bill upholds Ghanaian cultural and moral values, while human rights groups oppose it, citing threats to fundamental freedoms such as expression, association, and equality.
Legal challenges previously emerged against the bill, including petitions from journalist Richard Dela Sky and Dr. Amanda Odoi, who questioned its parliamentary approval process. However, the Supreme Court dismissed the cases, with Justice Lovelace Johnson clarifying that a bill can only face constitutional scrutiny after presidential assent.
Meanwhile, Ningo-Prampram MP Sam Nartey George has maintained that Mahama would have no option but to sign the bill into law if he assumes office. “That is a misconception that has been put out. I listened to that interview. President Mahama has been clear that he will sign that bill and he has no option than to sign that bill,” Sam George asserted.
Tamale South MP Haruna Iddrisu has also expressed intentions to present recommendations to Mahama on how to approach the bill, emphasizing constitutional alignment. “I have some ideas on the LGBTQ but I am yet to share them with the president as to how he can re-own the bill, get national consensus around it, and be consistent with the laws of Ghana and the constitution,” he stated at a recent event.
This legislative push aligns with a broader trend in Africa, where several nations have recently moved to strengthen anti-LGBTQ+ laws. In 2024 alone, Kenya, Namibia, Niger, Tanzania, and Uganda have advanced similar measures.
Uganda's Anti-Homosexuality Act (2023), passed in May, introduced severe penalties, including the death penalty for ‘aggravated homosexuality,’ defined as same-sex relations involving minors or HIV-positive individuals. The law also criminalizes the ‘promotion of homosexuality,’ penalizing activities such as financing, advertising, and advocating for LGBTQ+ rights with up to 20 years in prison.
