Ghana Parliament Passes Law Criminalizing LGBTQ+ Identity and Advocacy

Legislation Overview

Ghana's parliament has approved a sweeping law that criminalizes homosexuality and the "promotion of LGBTQ+ activities". The legislation, which is now awaiting ratification by President John Mahama, imposes a penalty of up to three years' imprisonment for individuals who engage in homosexual relations.

Beyond sexual acts, the law extends criminal liability to those who identify as lesbian, gay, bisexual, transgender, or queer. It specifically bans the "funding, sponsorship or promotion" of LGBTQ acts, with associated prison terms ranging from three to five years.

Expanded Liability and Reporting

The new law is designed to affect not only LGBTQ+ individuals but also their allies. This includes anyone who provides services, support, or advocacy for the community. According to Reuters, the bill introduces a "duty to report" prohibited LGBTQ acts to police officers or other authorities; those who fail to report such acts face up to three years in prison.

Additionally, the legislation amends Ghana's Extradition Act of 1960 to ensure that offenses committed under this new law are extraditable. To mitigate some impacts, the law includes exemptions for healthcare professionals, members of the media, and legal professionals.

Legal Context and Enforcement

Same-sex relations were already prohibited in Ghana under British colonial-era law. However, sources note that this existing prohibition was rarely enforced and there have been no prosecutions to date,.

Under the Ghanaian constitution, the legislation must be signed by the president before the end of the parliamentary term. If the president does not sign the draft legislation within this timeframe, the law automatically expires and must be passed again by a new parliament.

Reactions and Safety Concerns

Rights advocates have expressed concern over the potential for the law to be weaponized. Lariba, a source cited by The Guardian, stated that people have been advised to prioritize their safety both online and offline.

"If they have content on their social media pages that could put them at risk, we are encouraging them to remove it," Lariba said, adding that individuals need to be cautious about their posts because they "don’t know how this law could be used against them".

Regional Trends

Ghana's legislative move follows a trend of tightening LGBTQ+ restrictions across several African nations. In March, Senegal's parliament approved legislation prescribing a maximum prison term of 10 years for same-sex sexual acts and the "promotion" of homosexuality. Uganda previously introduced a death penalty for certain same-sex acts in 2023.