The Proper Human Sexual Rights and Family Values Bill, colloquially known as the anti-LGBTQ+ bill, has become a focal point of contention in Ghana’s political landscape, sparking debate about its current legal standing following the dissolution of the Eighth Parliament. Jerry Ahmed Shaib, the Member of Parliament for Weija-Gbawe, has vehemently refuted assertions that the bill, passed in February 2024 but awaiting presidential assent, has expired. He maintains that the bill remains valid and does not require reintroduction in the Ninth Parliament, citing Ghana’s constitutional framework which supports the continuous nature of governance. This stance directly contradicts claims by other legislators, including Eric Edem Agbana, the MP for Ketu North, who argue that the dissolution of Parliament necessitates the bill’s reintroduction.
Mr. Shaib’s argument hinges on the premise that the bill, having been passed by the previous Parliament, has completed its legislative journey and is now awaiting the final stage – presidential assent. He emphasizes that the constitution does not stipulate the expiry of a bill simply due to the dissolution of the Parliament that passed it. He further points to the extensive consultations conducted in accordance with Article 106 of the Constitution prior to the bill’s passage, solidifying his argument that the Eighth Parliament fulfilled its legislative duty regarding the bill. In his view, the current debate surrounding the bill’s validity misinterprets constitutional provisions and overlooks the established parliamentary procedures.
Adding to the complexity of the situation, former President John Dramani Mahama has suggested the government reintroduce the bill under its own sponsorship in the Ninth Parliament. This approach, according to Mahama, would facilitate more inclusive and broader consultations, potentially addressing concerns raised by various stakeholders. This proposal, however, diverges from Mr. Shaib’s position, which maintains that the bill’s passage through the Eighth Parliament, preceded by extensive consultations, renders reintroduction unnecessary. This difference of opinion highlights the diverse interpretations of the bill’s current status and the appropriate course of action.
The anti-LGBTQ+ bill, in its current form, proposes criminalizing LGBTQ+ activities and advocacy, imposing severe penalties ranging from fines to imprisonment. Proponents argue it upholds Ghanaian cultural values and safeguards the family unit, while opponents criticize it as discriminatory, violating fundamental human rights, and potentially inciting violence against LGBTQ+ individuals. The bill has drawn sharp criticism from international human rights organizations, raising concerns about its potential impact on Ghana’s international reputation and adherence to international human rights conventions.
The ensuing debate extends beyond the bill’s legal status to encompass fundamental questions about human rights, societal values, and the role of law in regulating personal morality. Advocates for LGBTQ+ rights argue that the bill infringes on fundamental freedoms of expression, association, and identity, while proponents emphasize the importance of upholding traditional values and protecting the institution of marriage. The bill’s broad scope, encompassing not only same-sex relationships but also advocacy and support for LGBTQ+ individuals, raises further concerns about potential restrictions on freedom of speech and the ability of civil society organizations to operate freely.
This complex and multifaceted debate reflects deep societal divisions on the issue of LGBTQ+ rights in Ghana. The differing interpretations of the bill’s current legal status, coupled with strongly held beliefs on both sides, necessitate careful consideration of all perspectives. The ultimate fate of the bill, whether it awaits presidential assent or requires reintroduction, will significantly impact the lives of LGBTQ+ individuals in Ghana and shape the country’s human rights landscape. The debate underscores the challenges of balancing traditional values with evolving societal norms and the importance of engaging in constructive dialogue to address sensitive and complex social issues. The future trajectory of the bill, and its potential impact, will undoubtedly continue to be a subject of intense scrutiny and discussion within Ghana and internationally.
