CIVICUS speaks about the ‘Anti-LGBTQI+ bill’ recently passed in Ghana with Solomon Atsuvia, Programmes Manager at Rightify Ghana.
Rightify Ghana is a human rights civil society organisation that documents and reports human rights abuses and advocates for community empowerment and human rights in Ghana.
What changes has the recent anti-LGBTQI+ bill introduced?
The Human Sexual Rights and Family Values Act, 2024, which parliament passed on 28 February, introduced many changes that represent a significant regression in LGBTQI+ rights and freedoms in Ghana.
The law seeks to ‘promote and protect proper human sexual rights and Ghanaian family values’ and mandates the enforcement of traditional cultural norms and values on gender and sexuality, reinforcing heteronormative standards and the exclusion of LGBTQI+ people. By enshrining discrimination and prejudice into law, it perpetuates societal stigma and inequalities.
Under its provisions, engaging in same-sex intercourse can result in sentences of up to three years in prison. This clearly infringes upon the personal autonomy and privacy of LGBTQI+ people. Public displays of romantic affection between people of the same sex or with someone who has undergone gender reassignment or who cross-dresses are also criminalised. This means LGBTQI+ people cannot freely express their identities.
Same-sex marriage is not allowed, and people are also banned from marrying someone who has undergone gender reassignment. LGBTQI+ people are banned from fostering and adopting children.
Producing, procuring or even just distributing material promoting LGBTQI+ activities can lead to six to 10 years in prison. LGBTQI+ organisations are being forced to disband, or their leaders and members will risk going to prison for years for distributing ‘homosexual propaganda’ or promoting the ‘gay agenda’. This is a severe restriction of freedoms of association and expression.
Funding and sponsoring LGBTQI+ groups are now banned. This silences LGBTQI+ voices and undermines the broader principles of democracy and human rights. Owners of platforms or premises that host LGBTQI+ events can also face legal consequences.
Teachers telling children about LGBTQI+ people and their rights, or even implying there are more genders than the male-female binary, also face the prospect of six to 10 years in prison.
The bill further includes a clause that allows the government to extradite people convicted under the new law.
What will the immediate effects of the anti-LGBTQI+ law be?
The passage of this law is a significant setback for the rights and safety of LGBTQI+ people in Ghana. By institutionalising discrimination, it poses severe threats to the physical, emotional and social wellbeing of LGBTQI+ people.
By imposing harsh penalties for engaging in same-sex intercourse or publicly displaying affection, which it portrays as against natural order, religious beliefs, national traditions and good morals, the law subjects LGBTQI+ people to permanent fear and insecurity. LGBTQI+ people will face increased risks of being arrested by the police and of being harassed or physically attacked by others who decide to take the law in their own hands.
The law will strengthen existing stereotypes, prejudice and stigma. It will exacerbate inequalities and discrimination in access to education, employment, healthcare and housing. Fear of discrimination and persecution will further deter LGBTQI+ people from seeking medical care, reporting incidents of violence or seeking legal assistance. As they find obstacles in accessing essential services and support networks, they will be even more susceptible to violence, exploitation and physical and psychological harm. The exclusion of LGBTQI+ people will likely increase.
The enactment of this law marks significant regression in LGBTQI+ rights in Ghana and poses serious challenges for the safety, dignity and equality of LGBTQI+ people. By limiting their ability to advocate for their rights, it also silences their voices and further reinforces regressive attitudes towards gender and sexuality.
What obstacles do Ghanaian LGBTQI+ groups currently face?
LGBTQI+ organisations face significant constraints in their advocacy efforts, primarily due to societal hostility, legal barriers and limited resources. The passage of the anti-LGBTQI+ bill exacerbates these challenges by criminalising their work and threatening the safety of their activists.
In a hostile social environment, LGBTQI+ groups encounter backlash from conservative religious groups, political leaders and community members. These deeply ingrained attitudes hinder their ability to advocate for LGBTQI+ rights.
Legal restrictions also limit LGBTQI+ organisations’ ability to operate. The newly imposed penalties for engaging in advocacy work and providing support services to LGBTQI+ people will only worsen an already hostile legal environment.
Additionally, LGBTQI+ groups must grapple with limited funding and therefore limited staff capacity and organisational infrastructure. This hampers their ability to carry out advocacy and campaigns, provide support services and mobilise the community. The passage of the anti-LGBTQI+ bill exacerbates these challenges because it means international donors and funding agencies may face retaliation for supporting Ghanaian LGBTQI+ organisations.
Do you view the Ghanaian anti-LGBTQI+ bill as part of a wider regressive trend?
The global LGBTQI+ rights movement has recently faced significant backlash from conservative and authoritarian governments, often manifested in the form of legislative measures aimed at curtailing LGBTQI+ rights and freedoms, restricting their activities and criminalising their identities. Ghana is part of this broader trend of regression.
The passage of this law is part of the trend that has recently emerged strongly in Uganda as well. This is driven by a combination of factors, including rising conservatism, religious fundamentalism and political opportunism.
Globally, there has been a resurgence of conservative ideologies seeking to reinforce traditional norms and values, particularly concerning gender and sexuality. This is often fuelled by religious fundamentalism, with influential religious institutions and leaders advocating for the preservation of heteronormative standards and condemning LGBTQI+ identities as contrary to their teachings. The influence of conservative religious groups in shaping public opinion and policymaking processes has contributed to the enactment of anti-LGBTQI+ legislation in several countries.
In Ghana, conservative religious Christian and Muslim organisations such as the National House of Chiefs, the Christian Council, the Catholic Bishops’ Conference and the National Coalition for Proper Human Sexual Rights and Family Values have played a significant role. They promote narratives that view homosexuality as immoral and mobilise support for discriminatory legislation.
Opportunistic politicians are also seeking to capitalise on anti-LGBTQI+ sentiments, championing legislation that aligns with prevailing social norms and traditional values to bolster their popularity and secure electoral support.
Religious and political leaders have played up deep-rooted cultural norms and traditional beliefs regarding gender and sexuality that sustain negative societal attitudes towards LGBTQI+ people, creating an environment conducive to the passage of anti-LGBTQI+ legislation. Many Ghanaians view homosexuality as incompatible with Ghanaian culture and values, and this bill reinforces these prejudices.
What kind of international support do LGBTQI+ activists in Ghana need?
International support is crucial for sustaining advocacy efforts and empowering LGBTQI+ activism. International partners can provide financial support, technical assistance and opportunities for strengthening advocacy skills, organisational capacities and community outreach.
Rightify Ghana actively collaborates with regional and global LGBTQI+ movements to amplify our voices, raise awareness about the challenges faced by LGBTQI+ people in Ghana, garner international support and advocate for policy change on regional and global stages. However, despite valuable support received, further help is needed, particularly considering the new anti-LGBTQI+ bill.
We need support to build up our legal advocacy capacity so we are prepared to challenge the new law effectively, provide legal representation to its victims and advocate for legal reforms that protect LGBTQI+ rights.
Funding is also needed for community-based programmes to provide lifesaving information, psychosocial support, health services, peer support networks and safe spaces for LGBTQI+ people.
International support is vital for expanding advocacy efforts for inclusive policies, access to healthcare and inclusive education curricula, towards anti-discrimination laws and the legal recognition of same-sex relationships. We need your support to protect the rights of Ghana’s already vulnerable LGBTQI+ community.
Civic space in Ghana is rated ‘obstructed’ by the CIVICUS Monitor.
Get in touch with Rightify Ghana through its website, or Facebook and Instagram page, contact Solomon Atsuvia on LinkedIn, and follow @RightifyGhana and @Sjkatsuvia on Twitter.