Anti-LGBT+ Bill seeks to infringe on the rights to dignity - NGO cautions president not to assent

The Center for Democratic Development (CDD) has said the passage of the new legislation targeting the LGBT+ community was devastating and deeply disturbing and called on President Nana Addo Dankwa Akufo-Addo not to assent to the bill.

Speaking at a press conference in Accra on Tuesday, February 27, 2024, ahead of the anticipated passage, the Human Rights Coalition, known as the Big 18 and led by the CDD, reiterated earlier objections to the passage of the Human Sexual Rights and Family Values Bill, 2021, also known as the Anti-LGBT+ Bill.

The Parliament of Ghana has given indications of an imminent passage of the Bill, but outlining their position, Professor Audrey Gadzekpo, Professor at the University of Ghana, Legon, and Board Chair for CDD-Ghana, argued that the Bill violates key fundamental human rights provisions in Ghana’s 1992 Constitution.

"It [the bill] seeks to infringe on the rights to dignity, freedom of speech, freedom of association, freedom to partake in processions, academic freedom, equality, and non-discrimination. These rights and freedoms constitute the bedrock of any constitutional democracy, and any attempt to tinker with them will set a dangerous precedent for our democracy and must be of great concern to all Ghanaians," she emphasized.

Professor Gadzekpo, while stressing that the rights guaranteed in the Constitution are the citizens' only protectors from tyranny, noted that human rights are not dependent on majority approval or disapproval.

According to her, Ghana is a secular and multi-religious country with over 50 ethnic groups with different cultural practices and beliefs, and therefore any attempt to create a single cultural value system for the country erases the beautiful cultures that make Ghanaians unique.

Drawing religious beliefs into the fray, she warned that any attempt to criminalize what some regard as sin with the tacit support of the state violates the long-standing principle of separation of church and state.

Journalists and owners of media organizations also stand the risk of being thrown into jail if the bill is passed, as media practitioners who broadcast or post publications, stories, or reports that are said to be related to LGBT+ activities face a prison sentence of up to three years.

But expressing worry over this, Prof. Gadzekpo said, "This places a heavy restriction on journalists, bloggers, influencers, and various social media users who produce or publish content, especially those who work in the field of human rights.".

The board chairman of CDD noted that the bill violates Article 108 of the 1992 Constitution, which prohibits private members’ bills that impose a charge on the public purse.

"As a result of this, we urge the president not to assent to the Human Sexual Rights and Family Values Bill, 2021," she added.

The group also expressed its appreciation to the Majority Leader of Parliament, Alexander Kwamina Afenyo-Markin, for his proposed amendment to the bill, which was unfortunately rejected.

Others present at the press conference included Michael Akagbor, Senior Programes Officer at CDD-Ghana; William Nyarko, Executive Director at the African Center for International Law and Accountability; and Professor Takyiwaa Manuh, Senior Fellow at CDD-Ghana.