Ghana’s parliament unanimously passed legislation last week that imposes a prison sentence of up to five years for LGBTQ+ supporters and members of the community.
The Human Sexual Rights and Family Values bill imposes a prison sentence of up to five years for the “willful promotion, sponsorship, or support of LGBTQ+ activities” and five years instead of three years under the previous legislation for anyone who engages in homosexual sex.
However, Ghana’s president Nana-Akufo-Addo still needs to sign the bill to put it into effect.
The bill, introduced in 2021 after the opening of Ghana’s first LGBTQ+ community center, is a watered-down version of the previous draft. Previously, the bill had longer jail terms and a clause about conversion therapy for LGBTQ+ members.
“I think the bill negatively affects everyone, not just LGBTQ+ individuals,” Paul Burlinghaus, a member of the LGBTQ+ community, said. “Anyone could accuse you of doing homosexual acts, so I think it could hurt everyone.”
A total of 31 of Africa’s 54 countries criminalize homosexuality, and the creation of the Ghanian bill follows Uganda’s Anti-Homosexuality Bill in 2023.
Uganda’s bill makes being homosexual illegal. If caught, LGBTQ+ members could face up to life in prison or even execution. The bill states that failing to report same-sex acts to the police is also a crime.
Currently, South Africa is the only country in Africa that has explicitly protected LGBTQ+ people in its constitution.
Most of Africa’s anti-LGBTQ+ legislation originated under European colonial rule. Europeans viewed Africans’ sexualities as examples of racial inferiority and anti-LBGTQ+ legislation served as control for the Europeans.
“Any country’s laws or constitutions serve as a precedent for other countries that are surrounding it,” Burlinghaus said. “I think certain countries could follow Africa’s lead on LGBTQ+ laws and that should be concerning for everyone.”
The Human Sexual Rights and Family Values Bill was unanimously passed by lawmakers last week.
“I think that a lot of people are going to go into hiding and not be able to express themselves,” Connor Shultz, a member of the LGBTQ+ community, said. “I think it will affect the world, not just Ghana.”
A coalition of Christian, Muslim and Ghanaian traditional leaders sponsored the legislation.
Many people from Christian and Islamic faiths vocalize their disapproval of homosexuality, and both religions have hundreds of millions of followers in Africa.
“As a member of the LGBTQ+ community, I have always had rights in my country,” Shultz said. “The thought of my rights being taken away just because of who I love is terrifying.”
Kaitlyn Sanders is a reporter. You can contact her at [email protected].
