The recent passage of the Human Sexual Rights and Family Values Bill, 2021, commonly referred to as the anti-gay bill, by Ghana’s Parliament has ignited a wave of discussions regarding its ramifications and potential legal challenges.
While the bill aims to impose stricter penalties on LGBTQ+ activities, including prison sentences for identification or formation of LGBTQ+ groups, voices from within and outside the political sphere are raising concerns about its implications.
A prominent member of the ruling New Patriotic Party (NPP), Gabby Otchere-Darko acknowledged the democratic process behind the bill’s passage but emphasized the need for Ghanaians to recognize the consequences of such legislative actions.
He urged individuals opposed to the bill to pursue legal avenues to challenge its constitutionality, affirming the importance of upholding democratic principles and respecting differing viewpoints.
“That is democracy! Our institutions of democracy are still strong and alive. Let’s have faith in our democracy. Let’s respect the choices we make and their consequences and believe in the process. Ghana remains a sovereign state, with cultural norms that cannot be wished away but must be respected.”
“I still believe, though, that we can balance our traditional family values with our traditional values of tolerance and diversity. That’s the Ghanaian way. The Ghanaian culture. The Ghanaian spirit. Our history. Our DNA. That is Ghanaian,” he wrote on X .
The Commissioner of the Commission on Human Rights and Administrative Justice (CHRAJ), Joseph Whittal, echoed similar sentiments, cautioning against rushing into enforcing a bill that could potentially infringe upon fundamental human rights.
Mr. Whittal highlighted the importance of careful consideration and adherence to constitutional principles, suggesting that legal challenges could arise should the bill be enacted into law.
Critics of the bill, including members of a human rights coalition and media personalities, have raised objections to its provisions, arguing that it undermines freedom of expression and violates constitutional protections. They have called on President Akufo-Addo to carefully assess the bill’s compatibility with human rights standards before giving his assent.
In response to mounting concerns, Professor Audrey Gadzekpo, a vocal advocate within the coalition, emphasized Ghana’s rich cultural diversity and the need to safeguard individual liberties against encroaching legislation.
She stressed the importance of upholding constitutional safeguards and resisting attempts to impose a singular cultural value system on the country.
Parliament on Wednesday, February 28 passed the Human sexual rights and family values bill, 2021 after successfully going through all three reading stages.
The passage of the anti-LGBTQ+ bill has drawn both praise and criticism, underscoring the complexities surrounding issues of human rights, cultural norms and legal frameworks in Ghanaian society.