Parliamentarians of Ghana have adopted the contentious Human Sexual Rights and Family Values Bill, one of the most oppressive anti-gay legislative measures to be considered on the African continent. Ghana Human Sexual Rights Bill, The new bill has provoked a lot of discussion not only within Ghana but among international stakeholders, too.
While being passed by Parliament, the legislation has not yet come into force since it needs the president’s consent first.
Human Sexual Rights and Family Values Bill – Details & Impact!
The bill is aimed at extending the current prohibition against same-sex unions in Ghana by establishing additional sanctions for LGBT-related offenses.
The supporters of the bill believe that it helps to preserve the cultural values of Ghana, while the opponents claim it violates basic human rights.
Key Provisions in the Proposed Law
One of the controversial aspects of the bill involves the introduction of penalties against anyone who identifies themselves as a member of the LGBTQ community.
Those who identify themselves as such would be subjected to imprisonment for a period of between one and three years, in case the bill is adopted.
Tougher Penalties for Promotion or Advocacy
Apart from individual identification as members of the LGBTQ community, the bill will introduce penalties for those found to promote the interests of members of that community.
They include the following:
- Running advocacy campaign(s)
- Providing funding to LGBTQ groups
- Supporting events that promote LGBTQ rights
Such activities would attract imprisonment for a period of between three and ten years.
Penalties for Public Displays
The bill also introduces penalties for various acts associated with public displays of same-sex relations.
For example, the bill penalizes:
- Public displays of affection by same-sex couples
- Conduct classified as “gross indecency” under the law
- Gender expressions as defined in the bill
The above offences carry sentences of between six months and one year.
Additional Exemptions to the Bill
Before enactment, some exemptions were proposed to protect certain professional groups.
Professional Groups Protected by the Bill:
Journalists
Journalists covering issues related to the LGBTQ community as part of their profession will be exempted.
Health Care Practitioners
Any health care practitioner attending patients in their capacity as a physician will also be protected by the bill.
Legal Practitioners
Attorneys representing their clients in matters related to their professions will be covered.
Future Events
Assent of the President
Ghanaian President John Dramani Mahama needs to choose with regard to the proposed amendments.
The President can decide to:
Assent to the bill
Not assent to the bill
Forward the bill back to parliament for further legal examination.
It is understood that government officials are reviewing the legalities involved with regard to the parliamentary process.
Future Legal Challenges to the Bill
Some groups, including legal groups, have indicated an intention to challenge the new bill in court if enacted into law.
Any legal challenges are likely to cite some constitutional issues.
Conclusion
There have been many international reactions to the proposed bill.
Civil society groups have criticized the bill, and some international financial institutions have been concerned about the implications of the bill.
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