Prof Audrey Gadzekpo
The passage of the anti-gay bill by Parliament on Wednesday, February 28, 2024 has generated reactions from the public and institutions alike.
While some members of the public have hailed the passage of the bill, others in support of the Lesbian, Gay, Bisexual, Transgender and Queer (LGBTQ+) community have expressed their disappointment over its passage.
The bill on Human Sexual Rights and Family Values, commonly called the anti-LGBTQ+ bill, will subject persons caught in the act to a six-month to three-year jail term, with promoters and sponsors of the act bearing a three to five-year jail term.
The bill proscribes LGBTQ+ activities and criminalises its promotion, advocacy, and funding.
The US Ambassador to Ghana, Virginia Palmer, reacting to the passage of the bill has expressed worry.
In a tweet, the US ambassador noted that the passage of the bill could affect the reputation of Ghana internationally and its economy.
“If enacted, it will also hurt Ghana’s international reputation and Ghana’s economy,” she said.
According to her, the bill will undermine Ghanaian’s constitutional rights to freedom of speech, freedom of assembly, and freedom of the press.
“I am saddened because some of the smartest, most creative, most decent people I know are LGBT. The bill Parliament passed takes away not only their basic human rights but those of all Ghanaians because it undermines their constitutional rights to freedom of speech, freedom of assembly, and freedom of the press. It will be bad for public order and public health,” she pointed out.
‘Don’t Assent To Anti-Gay Bill’
Meanwhile, the Board Chair of the Center for Democratic Development (CDD-Ghana), Professor Audrey Gadzekpo, has asked President Nana Akufo-Addo not to assent the bill thereby passing it into law.
The bill, according to the CDD Board Chair, violates key fundamental human rights provisions in Ghana’s 1992 Constitution.
“In one swoop, this bill seeks to infringe on, among others, the rights to dignity, freedom of speech, freedom of association, freedom to partake in processions, academic freedom, equality and non- discrimination. The bill [also] violates Article 108 of the 1992 Constitution which prohibits private members’ bills that impose a charge on the public purse. As a result of this, we urge the President not to assent to the Human Sexual Rights and Family Values Bill, 2021,” she stated.
Madam Gadzekpo, in drumming home her point, noted that the assertion by proponents of the anti-LGBTQ+ bill that because majority of Ghanaians are allegedly in favour of the bill justifies its passage into law, is “untenable”.
“Human rights are not dependent on majority approval or disapproval,” she insisted, stressing that “Ghana is a secular and multi-religious country with over 50 ethnic groups with different cultural practices and beliefs. Any attempt to create a single cultural value system for Ghana erases the beautiful cultural mosaic that makes us a unique people. It is for this reason that the Constitution abolishes all practices and laws detrimental to people’s health and well-being, even in the name of culture and tradition.
She further argued that the bill would “violate media and press freedoms as it would punish any citizen who broadcasts or posts publications, stories or reports that are said to be related to LGBTQ+ activities.”
This, she claimed, places a heavy restriction on journalists, bloggers, influencers, and various social media users who produce or publish content, especially those who work in the field of human rights.
BY Eric Kombat & Nii Adjei Mensahfio