THE LGBTQ+ community in Ghana is voicing deep apprehension over the potential threats they could face if an impending legislation, aiming to enforce what it terms ‘proper human sexual rights,’ is passed into law. Amid fears of persecution and danger, concerns are growing that the proposed legislation could incite attacks against sexual and gender minorities.
Currently undergoing parliamentary review, Ghana’s anti-LGBTQ+ bill has stirred a wave of uncertainty among the LGBTQ+ community. The objectives of the legislation encompass criminalising same-sex intercourse, public displays of affection, advocating for LGBTQ+ rights, and even banning transgender healthcare.
Alex Kofi Donkor, leading the LGBT+ Rights Ghana group, expressed alarm over the bill, saying, ‘Such actions will put the rights of LGBTQ+ people at risk. The bill is sensationalist and incredibly absurd for a 21st-century democratic country.’ Donkor further pointed out that the bill’s attempt to criminalize identification with LGBTQ+ identities is concerning.
‘The bill proposes to criminalise and imprison people simply for identifying as lesbian, gay, bisexual, transgender, transsexual, queer, questioning, an ally, asexual, or pansexual,’ he told French broadcaster RFI.
The legislation, subject to debate since August 2021, claims to protect ‘Ghanaian family values.’ However, Donkor contends that labelling LGBTQ+ existence as deviant and characterising consensual intimacy among LGBTQ+ individuals as such is rooted in a colonial legacy. He noted that this legacy has been perpetuated through vague morality laws that deem certain sexual acts as ‘unnatural.’
Ghana’s history reflects the criminalisation of homosexuality during both British colonial rule and post-independence periods, with gay sex already punishable by up to three years’ imprisonment.
As the bill inches closer to final parliamentary approval, Kofi Donkor revealed that he personally received death threats and the community centre he established in January 2021 was forcibly closed by the police. He expressed grave concerns about the potential consequences for him and fellow community members if the harsh anti-LGBTQ law comes into effect. ‘Myself and fellow group members could potentially face imprisonment for up to 15 years.’
The bill garners support from a majority of Ghanaian MPs, as well as religious and traditional leaders. Lawyer Felix Ntoso Sylvester Yaw, based in Accra, advocates for the bill’s penalties. He explained that those convicted under the legislation could face substantial fines or extended prison terms.
‘The law may not succeed in eliminating LGBT+ activities from Ghana, but at least it will make LGBT+ activities a crime in the jurisdiction,’ Yaw stated. He added that the legislation underscores that the broad rights granted in parts of Europe and America do not align with Ghana’s values.
Yaw, while supporting the strict legislation, acknowledged that it could encourage attacks on LGBTQ+ individuals. He sadly predicted, ‘It should be expected, sadly, that a few Ghanaians will along the line physically try to manhandle persons they may suspect to be engaged in homosexual activities.’
The potential ramifications of enacting the anti-LGBTQ+ bill extend beyond national borders. United States Ambassador to Ghana, Virginia Palmer, cautioned that such a move could adversely affect foreign trade and investment. She asserted that any discrimination would send a discouraging message to American companies and potentially tarnish Ghana’s reputation as an open and welcoming nation.
Notably, the World Bank recently suspended new funding to Uganda due to its severe anti-LGBTQ+ law, which imposes the death penalty for so-called ‘aggravated homosexuality.’ This act serves as a stark reminder of the international ramifications associated with such legislation.
(with RFI)