“This law seems like a death sentence”: a new law condemns homosexuality with prison sentences in Ghana

“The new bill against homosexuality seems like a death sentence.”

These are the words of Kofi [not his real name], 25, who survived an attack during a night out by three unknown men who suspected he was gay.

The young man describes the incident as traumatic.

A year later, he continues to look over his shoulder every time he is in a public space, not knowing when the next abuse will occur.

“They grabbed me from behind and slapped me over and over again.

One of them asked me why he had chosen to be gay and told me that my actions will bring a curse to the country.

Passersby and curious people also laughed and insulted me.”

“After about 30 minutes of harassment, they warned me that this [the assault] was just the beginning.”

Journalists, teachers, lawyers or doctors who provide services and express some degree of support for the LGTBIQ+ community may be sentenced to a maximum of five years in prison.

Kofi admits that he and his friends have been living in fear since the draft of the Human Sexual Rights and Family Values ​​Law was approved on February 28.

The text, described as “strict” and “repressive” by activists, establishes sentences of three years in prison for people who identify as lesbian, gay, bisexual, transgender, queer

or

intersex and for those who defend LGTBIQ+ and gender rights. all sexual minorities in Ghana.

Journalists, teachers, lawyers, doctors and other Ghanaians who provide professional services and express some degree of support to the community may also be sentenced to a maximum of five years in prison.

The bill also criminalizes the public display of affection by same-sex couples, cross-dressing, and the financing and sharing of LGTBIQ+ content on social networks and traditional media.

It also prohibits adopting children from non-heterosexual people.

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Ghana adopted a multi-party political system in 1992 and is generally considered one of the most stable democracies in Africa.

The approval of the draft law, which is awaiting the president's approval to become law, tests the vaunted democratic credentials of this West African nation and also those of the president, Nana Akufo-Addo, as a defender of human rights and the rule of law.

Wave of rejection and defiance

Since the passage of the Sexual Human Rights and Family Values ​​Act in Parliament, Ghana has witnessed angry reaction from human rights advocates, academics, members of civil society, the diplomatic community, diaspora and partners international.

It has also been threatened with sanctions, which is reminiscent of the Ugandan case.

This country, which approved a very harsh law in May 2023 (life imprisonment for same-sex relationships and the death penalty for what they call “aggravated homosexuality”), suffered the freezing of World Bank loans last year and was excluded by the US from an important trade agreement.

The US ambassador to Ghana, Virginia Palmer, has expressed concern and warned that the bill could damage Ghana's international reputation and economy.

“It saddens me because some of the most intelligent, creative and decent people I know are LGTBIQ +,” she said in a tweet shared through the embassy's official X account.

“The bill passed by Parliament not only deprives them of their basic human rights, but also all Ghanaians, because it undermines their constitutional right to freedom of expression, freedom of assembly and freedom of the press.

“It will be detrimental to public order and health.”

"I am saddened because some of the smartest, most creative, most decent people I know are LGBT. The bill Parliament passed takes away not only their basic human rights but those of all Ghanaians because it undermines their constitutional rights to freedom of speech, freedom of… https://t.co/DgCJ7qkpPl

— US Embassy Ghana (@USEmbassyGhana) February 29, 2024

The United Nations High Commissioner for Human Rights, Volker Türk, describes the bill as “corrosive” and “deeply worrying” and urges the Ghanaian Government to “take measures that guarantee everyone a life without violence, without stigma and without discrimination, regardless of sexual orientation or identity.”

“Consensual same-sex sexual conduct should never be criminalized.”

Amnesty International Ghana Director Genevieve Partington adds: “Parliament's passage of this draconian bill is scandalous and deeply disappointing, and comes shortly after Ghana was elected to the Rights Council. Human Rights of the UN”.

Despite widespread condemnation, the bill has received significant support from Ghana's Christian and Islamic communities.

Meanwhile, activist Amanda Odoi has filed an appeal to the Supreme Court of Ghana to prevent the president from passing the law.

A private lawyer, Richard Dela Sky, has also filed another lawsuit before the Supreme Court to challenge its constitutionality, alleging the lack of a quorum (minimum number of deputies necessary) for its approval.

President Akufo-Addo has acknowledged that the bill “has given rise to considerable concern in certain sectors of the diplomatic community” and has assured that Ghana will not renege on its human rights record.

But he postpones the decision to approve or reject the project until the Supreme Court rules on these cases.

A wave of attacks

In recent years, Ghana's LGBTQ+ community has suffered a wave of attacks ranging from physical assault, blackmail, extortion, illegal detention and gang attacks to discrimination at work and murder.

In April 2023, a man armed with a machete threatened to behead gay people in Ghana, in a video on social media.

In July of the same year, a dating app user was stabbed six times by unidentified men in Sowutuom, Accra.

In October 2021, traditional authorities expelled a young man from the Nkoranza community in the Bono East region for allegedly having a homosexual relationship.

In November 2018, around 200 youths from Aboabo, Kumasi, vandalized the district police station over what they described as a deliberate attempt by the police to shield a gay activist.

In July 2015, a man was lynched by youths in Kyebi, eastern Ghana.

And in October 2014, Sami Adjei was tortured and murdered in Nima (a suburb of Accra) by a mob from which his partner barely escaped.

The majority of homophobic attacks are not reported for fear of stigmatization and victimization by friends, the local community and the authorities.

The new law may worsen an already difficult situation.

Rightify Ghana, an organization committed to the protection of human rights, believes that the bill “will exacerbate existing inequalities by further marginalizing LGTBIQ+ people and restricting their access to essential services such as education, healthcare, housing and employment.”

For Kofi and his friends, this bill criminalizes their existence and offers them a bleak future in a country that is supposed to guarantee their fundamental human rights.

The cost of a controversial law

According to experts, the bill could have dire financial consequences for Ghana, which is part of an International Monetary Fund (IMF) program to revive its fragile economy.

The Ministry of Finance warns that the country could lose 3.4 billion euros in financing from the World Bank if the president approves the controversial bill.

“In 2024, Ghana will lose €549 million in budget support and €228 million for the Financial Stability Fund.

“This will negatively affect Ghana's foreign exchange reserves and exchange rate stability, as these inflows are expected to shore up the country's reserve position,” he stressed in a statement.

Economist Daniel Amateye Anim says in a telephone interview that the bill could trigger a backlash from international donors and partners, which could distort Ghana's economy.

He also believes that the Government could resort to raising taxes to address the outstanding fiscal deficit if sanctions are applied.

“Considering current economic conditions, any imposition of new taxes will further worsen our macroeconomic environment.

Once the IMF and World Bank react negatively to the bill, investor confidence could derail and affect foreign direct investments,” he adds.

The law also raises serious public health problems.

The International AIDS Society (IAS) has expressed concern over the passage of the controversial bill in Ghana and the recent wave of anti-homosexuality laws across Africa, citing the tendency to erode gains made in the fight against HIV.

“If these proposals become law, they will mark a setback in the important progress made in ending the HIV pandemic as a threat to public health and individual well-being,” said Sharon Lewin, president of the IAS.

The Ghana AIDS Commission echoed a similar sentiment during a public hearing on the anti-LGTBIQ+ bill.

Commissioner Kyeremeh Atuahene believes that the bill will lead to a cut in donor aid and ultimately hamper the effective management of HIV in Ghana.

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