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In the continuing heated controversy over the draconian gay rights Bill being considered by Ghana’s Parliamentary Committee on Constitutional, Legal and Parliamentary Affairs, one question on my mind is: why the excessive punishments?
Among the frightening stipulations of the ‘Promotion of proper human sexual rights and Ghanaian family values Bill, 2021’, people who identify as LGBTQ+ (lesbians, gays, bisexuals, transgenders, queers and others (LGBTQ +) risk imprisonment.
Others also at risk of jail time include media practitioners if their reportage is viewed as promoting gay rights! They are “liable on summary conviction to a term of imprisonment not less than five years and not more than ten years” (emphasis added).
Distressingly, even our religious leaders appear enthusiastic about the proposed stringent penalties! Where is their compassion?
US Vice-President Kamala Harris who visited Ghana from March 26 to 29 with her husband, Mr. Douglas Emhoff, came under fire and also from the Speaker of Parliament, Mr. Alban Bagbin for stating her supportive position on gay rights.
Reportedly, on March 27, during a joint news conference with President Nana Akufo- Addo, Vice-President Harris was asked about the Biden administration's commitment to calling out any foreign government that advanced anti-gay legislation or violates human rights, she responded: "I feel very strongly about the importance of supporting the freedom and supporting the fighting for equality among all people, and that all people be treated equally. I will also say that this is an issue that we consider, and I consider to be a human rights issue, and that will not change".
Mr. Bagbin reportedly termed her comments as “undemocratic”.
I find the furor over the Vice-President’s answer puzzling; the barbs unfair. As I understand it, she was simply responding to a question at a press conference, expressing her views as allowed in a democracy!
Was she supposed to have refused to answer the question, or to lie? Did she say anything new, or different, from her government’s known position?
Coincidentally, the Pope recently reportedly signed a decree forbidding priests from blessing same sex marriages. However, significantly, Pope Francis didn’t say that gays should be imprisoned.
In a sagacious paper submitted to the Parliamentary Committee on September 29, 2021, by Ghana’s Commission on Human Rights and Administrative Justice (CHRAJ), Commissioner Mr. Joseph Whittal expressed disquiet and advised “the need for a better national response … as opposed to current attempt of state criminalisation through this Bill.”
Bill advocates cite the threat to Ghanaian culture and values. But rights are applicable to everyone everywhere, as agreed in the numerous international accords Ghana has signed.
Furthermore, isn’t it the case that the anti-homosexual laws in former British colonies were inherited from the British? If the British have changed those laws, and are now campaigning for tolerance of the gay lifestyle, there must be good reasons.
Besides, religion teaches that homosexuality is a sin. If it’s a sin and not a crime, should we all go to prison for our sins?
The bill saga began in July, 2021, when eight MPs submitted to the House their Private Members’ Bill. Its initiators were seven from the opposition National Democratic Congress, and one from the ruling New Patriotic Party.
The NDC members are: Sam Nartey-George; Della Adjoa Sowah; Emmanuel Bedzrah; Alhassan Suhuyini; Rita Naa Odoley Sowah; Helen Adjoa Ntoso; Rockson-Nelson Dafeamekpor; and, the NPP member is John Ntim Forjour.
However, a group of 18 concerned citizens began a campaign for the total rejection of the bill, describing the draft law as obnoxious and unconstitutional. “It has no place in our constitutional democratic republic.”
The 18 include: Mr. Akoto Ampaw; Professor Emerita Takyiwaa Manuh; Professor Kwame Karikari; Professor Kofi Gyimah-Boadi; Professor Audrey Gadzekpo; Dr. Rose Mensah-Kutin; Dr. Yao Graham; Professor Raymond Atuguba and Dr. Charles Wereko-Brobby.
I’m certainly not a supporter of same sex marriage and I doubt that those against this bill are opposing it because they want same sex marriages in Ghana. People should be allowed to live their lives in peace, whether heterosexual or homosexual.
A principal duty of journalists is to inform. If this bill becomes law, it means that a journalist could be jailed just for reporting on gay rights!!! and insinuations that anybody who speaks in defence of gays “must be one of them” which has featured in the debate is simply outrageous! Does it mean that if I champion the cause of the unfortunate women banished to ‘witches camps’, it must be because I, too, am a witch?
Anyway, how true is it that same sex unions are a foreign, western, imposition?
I recall that decades ago, a young woman in my hometown was known to have what today I can describe as lesbian tendencies. Notably, she was illiterate; had never been in contact with any such western culture.
And years later, in my current neighbourhood, there was a young man known to be gay, but nobody thought he was a danger to the community. We didn’t view him as a candidate for prison! He lived his life and we lived ours. People would have been horrified at any suggestion that the lesbian young woman or the gay young man should be carted away to prison. Anyway, prisons are known hotbeds of homosexual activity.
So what are the prison sentences meant to achieve?
Before Parliament rose for the Easter break last week, the Committee recommended that the bill should be passed, because “the majority of Ghanaians (are) in favour of the passage of the Bill,” the Ghanaian Times of April 3 reported.
The Committee said the opinion of the Attorney-General had been sought and human rights concerns have been addressed in the Bill, which now has an amended title as ‘Human Sexual Rights and Family Values Bill, 2021’.
When Parliament resumes and the plenary debates the bill, if indeed Ghana needs this law, hopefully, above all, it will be a just, fair and humane law for all.
