Restrictions Ghana is likely to face after passage of anti-LGBTQ+ bill

Ghana’s parliament approved a highly contentious anti-LGBTQ+ bill on Wednesday, February 28, 2024, potentially leading to lengthy prison sentences for certain individuals.

This legislation, awaiting the president’s signature for enactment, has ignited fury and condemnation from human rights organisations, activists, and international bodies, citing its detrimental effects on democracy, the economy, and societal harmony.

Formally named the Promotion of Human Sexual Rights and Family Values Bill, it criminalises LGBTQ+ individuals and their advocates, prohibiting activities promoting or supporting LGBTQ+ rights and public displays of affection within the community.

What the world has said

Critics widely denounce the bill as a breach of human rights, constitutional principles, and global commitments. The United Nations has labelled it “deeply troubling,” urging the president against ratification.

UN’s human rights spokeswoman, Ravina Shamdasani, emphasised that the bill expands criminal penalties against LGBTQ+ individuals solely for their identity and risks punishment for perceived allies. She stressed that consensual same-sex relations must never be criminalised and warned of the societal damage the bill could inflict.

The United States, Ghana’s primary bilateral donor, voiced profound concerns, citing threats to freedom of speech and association, potential economic repercussions, and damage to Ghana’s democratic image. The US ambassador to Ghana, Virginia Palmer, hinted at possible reassessment of assistance and cooperation if the bill passes.

Other countries and organisations, such as the European Union, the United Kingdom, Canada, Amnesty International, and Human Rights Watch, have condemned the bill and called for its withdrawal.

They have warned that the bill will increase the stigma, discrimination, and violence against LGBTQ+ people in Ghana, and endanger their health, education, and livelihoods. They also urged the Ghanaian government to respect and protect the human rights and dignity of all its citizens, regardless of their sexual orientation or gender identity.

Within Ghana, opposition to the bill arises from civil society groups and individuals, questioning its legality, morality, and necessity. They argue it violates constitutional rights to privacy, equality, and non-discrimination while contradicting Ghana’s values of tolerance and diversity.

However, the bill garners support from religious factions, traditional leaders, and politicians, who perceive it as safeguarding Ghana’s cultural and moral fabric against perceived foreign influences and defending traditional family values.

Potential limitations for Ghana when the bill is passed

Following the implementation of the anti-LGBTQ+ legislation, Ghana could encounter various constraints, including:

• Reduction or cessation of foreign aid and investment: Major donors and partners like the US, the EU, the UK, and Canada, have opposed the bill and may reduce or suspend financial and technical assistance. Additionally, Ghana’s appeal for foreign investment and tourism might diminish due to discriminatory laws, impacting economic growth and poverty alleviation efforts.

• Diplomatic isolation and sanctions: Ghana might face diplomatic pressure and isolation from international bodies such as the UN, African Union, and Commonwealth, for breaching human rights obligations. Legal challenges from international human rights courts could tarnish Ghana’s global standing and cooperation.

• Social unrest and violence: The LGBTQ+ community and allies may protest against the legislation, potentially escalating into social unrest. Hate crimes against LGBTQ+ individuals and their supporters could jeopardize Ghana’s peace and security.