Days after the Ghanaian Parliament passed into law a sweeping bill that criminalizes the promotion of LGBTQ+ activities and identifying as lesbian, gay, bisexual, transgender or queer, members of the group have reacted in several ways.
The legislation, which was passed on Friday, mandates prison sentences of three to 10 years.
The human sexual rights and family values bill is expected to be signed into law by President John Dramani Mahama.
The individuals hit by the proposed law have sought solace in one another, counseling themselves on what to do to stay clear of public glare, conceal their sexual relations identities, and so escape public detection and the dire consequences of same.
Community organisations say LGBTQ+ people are worried they could lose their homes, jobs or access to healthcare, with most already reviewing and deleting their online posts for fear of their identity being revealed.
For instance, Director of One Love Sisters Ghana, an organisation that supports lesbian and bisexual women, Leila Lariba, said: “People are panicking and scared. The new bill affects where you are staying; it can get you evicted; it can lead you to lose your job.
“No matter how safe you think you are,” she said, “you do not know who’s ready to talk.”
“We have advised people to prioritise their safety online and offline. If they have content on their social media pages that could put them at risk, we are encouraging them to remove it. People need to be cautious about what they post because they don’t know how this law could be used against them,” Lariba added.
Same-sex relations were already banned under British colonial law in Ghana but the prohibition was rarely enforced.
The new legislation expands criminal liability and is designed to affect both LGBTQ+ people and their allies, such as anyone who provides services, support or advocacy.
The new bill imposes prison terms of three years for identifying as lesbian, gay, bisexual, transgender or queer, and up to 10 years for those found guilty of “promotion of, propagation of, advocacy for, support or funding of” LGBTQ-related activities, as well as provisions requiring people to report suspected LGBTQ+ individuals.
Amendments approved by lawmakers exempt healthcare professionals and lawyers from prosecution for providing services to LGBTQ+ individuals but activists have pointed out that the stigma created by the legislation was likely to deter people from seeking help, including around HIV testing or discrimination.
Director of Rightify Ghana, an LGBTQ+ rights organisation, Ebenezer Peegah, criticized the law, saying fundamental freedoms were at risk, with the impact extending far beyond same-sex relationships.
He said: “This bill is very far-reaching: it criminalises identity; it criminalises services, including the operations of civil society groups and doctors giving care to the LGBTQ community and those that promote same-sex [relations], like journalists [and] sellers of sex toys. It also criminalises even not reporting people (who anyone knows are LGBTQ+).
“Just this year alone, we have had 80 cases from our members that include those who have been exposed, abused or evicted. Our colleagues are asking how to get out of Ghana, but we also do not know how to help them because the international community no longer cares, especially the Trump government.”
“We believe the President will sign it,” said Lariba. “People out there are going to use this as a stepping stone to maltreat people and harass people. It’s already happening, but with this bill being passed, it’s going to be higher than it was before.”
Ghana’s lawmakers approved similar legislation in 2024, but the then President Nana Akufo-Addo left office without signing it.
In an address to Parliament, the current bill’s sponsor, the Rev John Ntim Fordjour said the proposed law would protect Ghanaian family and cultural values.
But Peegah said: “We know that this is not an attack only on LGBT communities in Ghana. It is an attack on the entire LGBT community in Africa. That’s why we believe it will quickly be signed, just like the Ugandan President did (with death penalty as punishment).”
Rightify is preparing to challenge the Ghanaian decision in court, based on the undue speed at which the bill passed through its second and third readings, and because the quorum of lawmakers had not been met when the vote was held.
*PHOTO CAPTION: Some protesters against the passage of the bill in Ghana.
