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Ghana’s parliament passes custodial sentence of up to 5 years for promoting LGBTQ+
Same-sex couple, Naa Shika, 37, a fetish priestess, and her partner Kay, 27, a human rights activist, sit together during a discussion on the topic of Fiducia Supplicans, a Declaration approved by Pope Francis, that allows Catholic priests to bless same-sex couples, in Accra, Ghana. January 23, 2024. REUTERS/Francis Kokoroko
After three years of deliberations on the ‘Proper Human Sexual Rights and Ghana Family Values Bill’, commonly known as the ‘anti-gay bill’, Ghana’s legislative body has passed a custodial sentence of a minimum of three years and a maximum of five years for the wilful promotion, sponsorship, or support of LGBTQ+ activities in the country.
Ghana’s parliament on Thursday February 8, during a clause-by-clause amendment of the ‘anti-gay’ bill also agreed that persons caught in the act would be subjected to a minimum sentence of six months and a maximum sentence of three years.
Reacting to the development on the floor of parliament, Member of Parliament (MP) for Ningo-Prampram and a key proponent of the bill, Sam Nartey George emphasized that the bill mainly targets and focuses on averting the promotion of LGBTQ+ in Ghana.
He explained, “what created the confusion was the establishment of an advocacy of the promotion of the activities, that is what Ghanaians are against. Nobody is interested in what you do in your bedroom. And so, the punishment for one caught in the act yesterday February 7, is to be a minimum of six months, maximum of three years. However, for anyone acting in a wilful promotion, sponsorship or support of the agenda, the punitive measure for that is minimum three years, maximum five years.”
The approval of custodial jail sentences for the LGBTQ+ community have been opposed by certain figures and institutions. Alexander Afenyo-Markin, a private legal practitioner and Deputy-Majority leader of parliament is against the custodial sentence. He believes that a jail sentence, considering the current state of prisons in Ghana, would not provide the needed rehabilitation for offenders of the act.
“It is my contention that given the state of our prisons, a custodial sentence will not lead to the rehabilitation of the offender if he is convicted; it cannot be an option. If indeed we are promoting Ghanaian family values, then our Ghanaian family values will not entail the consequence of those who breach them being destroyed in society,” Afenyo-Markin said on the floor of parliament.
Rightify Ghana, a human rights organisation, spoke against the passage of a? custodial sentence. The group believes the move would infringe on the rights and freedom of affected persons and incite(?) hate against them.
Written by Elliot Nuertey.
