Gay bill not unconstitutional but faces fundamental problems – Attorney General

The Attorney General Minister of Justice, Godfred Yeboah Dame, has issued legal advice forming the government’s position on the bill seeking to criminalise same-sex activities in Ghana.

In a memoranda addressed to the Chairman of parliament’s Committee on Constitutional, Legal and Parliamentary Affairs, the A-G expressed various views bordering on the validity of the bill.

According to the Attorney General, the bill in its current although fraught with some fundamental problems passes the test of constitutionality.

The A-G among other things highlighted that the bill in its current state violates some fundamental human rights granted by the Constitution.

“The Bill in its present form violate some fundamental human rights and freedoms enshrined in the Constitution, including the right to freedom of expression, thoughts and conscience and freedom from discrimination,” the Attorney General noted in his MEMO to the committee dated October 19, 2022.

Godfred Dame further noted that some provisions of the Bill repeat already existing legislation and, in some situations, seek to amend some provisions in the Constitution.

The A-G stated that the bill which is privately sponsored contrary to Article 108 of the Constitution imposes financial implications on the state.

“It is observed that the Bill is not accompanied by a fiscal impact analysis required by section 100(1) of Act 921,” the attorney general added.

The Attorney General as part of his observations made some recommendations including a change in the short title of the Bill from “Promotion of Proper Human Sexual Rights and Ghanaian Family Values Bill, 2021” to “Human Sexual Rights and Family Values Bill, 2021”.

According to the A-G, “the use of the word ‘proper’ in the shirt title is inappropriate as it connotes subjectivity.”

The suggested title the A-G added will “reflect the object of the Bill to set out the sexual rights and family values of the country.”

Read the full document containing the A-G’s advise below:



GA/FNOQ