Ghana Parliament Passes Anti-LGBTQI+ Bill

Ghana's Parliament recently passed the Human Sexual Rights and Family Values Bill, a comprehensive and highly contentious piece of legislation that criminalises LGBTQI+ identities, same-sex relations, and the promotion or support of LGBTQI+ activities. This Bill, which awaits presidential assent, significantly expands upon existing colonial-era prohibitions against "unnatural carnal knowledge." Its provisions include severe prison sentences for individuals identifying as LGBTQI+, engaging in same-sex sexual acts, or advocating for LGBTQI+ rights. The Bill has sparked widespread debate, raising critical questions about its compatibility with Ghana's 1992 Constitution, which guarantees fundamental human rights, and the nation's international human rights obligations. Legal challenges to the Bill have been dismissed by the Supreme Court as premature, setting the stage for profound legal and societal implications.

Ghana stands at a pivotal juncture with the parliamentary passage of the Human Sexual Rights and Family Values Bill, a legislative act that has ignited a fervent national and international discourse. This Bill, often referred to as the 'anti-LGBTQI+ Bill,' transcends mere legal reform; it represents a profound statement about the kind of society Ghana aspires to be, deeply intertwining legal principles with cultural, religious, and moral values. Its imminent enactment, pending presidential assent, promises to reshape the landscape of human rights and personal liberties within the West African nation.

The legislation's far-reaching provisions, which criminalise not only same-sex sexual activity but also the very identity of LGBTQI+ individuals and any form of advocacy or support for their rights, have drawn sharp criticism from human rights organisations and legal experts. Conversely, it enjoys significant support from a broad coalition of religious and traditional leaders, as well as a substantial portion of the Ghanaian public, who view it as a necessary measure to uphold traditional family values. This article delves into the legal intricacies of the Bill, examining its provisions against the backdrop of Ghana's constitutional framework and international human rights commitments, and exploring the significant implications for legal practitioners and the broader society.

The legal framework concerning same-sex relations in Ghana has historical roots in colonial-era legislation. Prior to the new Bill, Section 104(1)(b) of the Criminal Offences Act, 1960 (Act 29), inherited from British rule, criminalised "unnatural carnal knowledge," carrying a maximum penalty of three years' imprisonment. While this provision did not explicitly mention sexual orientation, it has historically been applied to same-sex sexual activity. In July 2024, Ghana's Supreme Court affirmed the constitutionality of this colonial-era law, dismissing a challenge that sought to declare it a violation of fundamental rights.

Ghana's 1992 Constitution enshrines a comprehensive Bill of Rights in Chapter 5, guaranteeing fundamental human rights and freedoms to all persons, irrespective of gender, race, colour, ethnic origin, religion, creed, or social or economic status. These rights include the protection of life, personal liberty, privacy of home and property, freedom of speech and expression, and freedom of association. Furthermore, Article 26(b) of the Constitution explicitly prohibits customary practices that dehumanise or injure the physical and mental well-being of a person. On the international stage, Ghana has ratified several key human rights treaties, including the International Covenant on Civil and Political Rights (ICCPR), the International Covenant on Economic, Social and Cultural Rights (ICESCR), and the African Charter on Human and Peoples' Rights, thereby undertaking obligations to respect, protect, and fulfil human rights without discrimination.

The Human Sexual Rights and Family Values Bill itself has had a protracted legislative journey. First introduced in 2021 as a private member's bill, it underwent various revisions and parliamentary considerations. Although a version was passed by Parliament in February 2024, it lapsed with the dissolution of the previous parliament. It was subsequently reintroduced and definitively passed by Parliament in May 2026, and now awaits the signature of President John Dramani Mahama to become law. Challenges to the Bill's legality, filed by individuals such as Richard Sky and Amanda Odoi, were dismissed by the Supreme Court in December 2024, on the grounds that they were premature as the Bill had not yet received presidential assent.

The Human Sexual Rights and Family Values Bill introduces a draconian legal framework that significantly expands the criminalisation of LGBTQI+ identities and activities in Ghana. Key provisions include mandatory prison sentences of up to three years for individuals who identify as lesbian, gay, bisexual, transgender, or queer. Engaging in homosexual relations can also lead to up to three years' imprisonment. Critically, the Bill imposes a prison sentence of three to five years for the "promotion, sponsorship, or intentional support of LGBTQ+ activities," and even extends criminal liability to those who identify as "allies" of LGBTQI+ people. Furthermore, it mandates citizens and institutions to "promote and protect proper human sexual rights and Ghanaian family values" and obliges individuals to report perceived offences to authorities.

These provisions present a direct conflict with several fundamental rights enshrined in Ghana's 1992 Constitution. The criminalisation of identity and expression directly challenges the constitutional guarantees of personal liberty, freedom of speech, and freedom of association. Moreover, the Bill's discriminatory nature, targeting individuals based on their sexual orientation and gender identity, appears to contravene Article 17 of the Constitution, which establishes equality before the law and prohibits discrimination on various grounds, including gender. While the Constitution does not explicitly list sexual orientation as a protected ground, the broad interpretation of non-discrimination principles, particularly in relation to human dignity and personal liberty, forms a strong basis for legal challenge.

The Supreme Court's dismissal of pre-assent challenges to the Bill in December 2024, on the basis of prematurity, means that the constitutional validity of the Bill's specific provisions has not yet been substantively adjudicated. This leaves a critical legal vacuum, as the Bill's potential enactment would immediately trigger its enforcement without a prior judicial determination of its compliance with the Constitution. The earlier July 2024 ruling, which upheld the colonial-era "unnatural carnal knowledge" law, indicates a judicial inclination towards existing statutes, but the new Bill's expansive scope introduces novel constitutional questions regarding identity, advocacy, and the mandatory reporting of citizens.

Internationally, the Bill places Ghana in direct contravention of its obligations under treaties such as the ICCPR and the African Charter on Human and Peoples' Rights. These instruments mandate non-discrimination, protection of privacy, and freedom of expression and association for all individuals. Human rights bodies have consistently interpreted these rights to include protection against discrimination based on sexual orientation and gender identity. The Bill's provisions, particularly those criminalising identity and advocacy, are widely seen as violating these international commitments. Furthermore, the Ghanaian Ministry of Finance has warned that the Bill's enactment could jeopardise significant financial aid from international bodies like the World Bank and the International Monetary Fund, highlighting potential severe economic repercussions.

The passage of the Human Sexual Rights and Family Values Bill marks a profound and concerning development for human rights in Ghana. Should President Mahama grant his assent, the Bill will usher in an era of heightened legal risk and social marginalisation for LGBTQI+ individuals and their allies, potentially fostering an environment of fear and persecution. Legal practitioners in Ghana will face complex challenges, including navigating the Bill's broad and ambiguous provisions, advising clients on potential criminal liabilities, and preparing for future constitutional challenges that are likely to emerge once the Bill becomes law.

Practitioners must closely monitor the presidential decision regarding assent and any subsequent legal actions. The Bill's expansive definitions of 'promotion' and 'support' could have chilling effects on civil society organisations, healthcare providers, educators, and even media outlets. The ongoing tension between domestic legislation, constitutional guarantees, and international human rights obligations will undoubtedly lead to protracted legal battles. The ultimate resolution of this issue will not only define the rights of a vulnerable segment of Ghanaian society but also reflect on the nation's commitment to its constitutional principles and its standing within the global community.