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Ghana’s anti-LGBTQ Bill currently expired; what next?

Ghanaians fighting for right of LGBTQ members

President John Dramani Mahama has clarified that the controversial Anti-LGBTQ+ Bill, officially known as the Human Sexual Rights and Family Values Bill, has expired and is no longer active following the dissolution of the previous Parliament.

Speaking to clergymen during a meeting, Mahama explained the bill’s status, stating, “As far as I know, the bill did not get to the President for assent. And so the convention is that all bills that are not assented to before the expiration of the life of Parliament expired, and so that bill is effectively dead, it has expired.”

However, Mahama expressed openness to reintroducing the bill, suggesting the need for broader consultations and national dialogue. “I do think that we should have a conversation on it again, so that all of us, if we decide to move that bill forward, moving forward with a consensus,” he emphasized.

He further proposed that any future iteration of the bill should be sponsored directly by the government rather than introduced as a private member’s bill. “I don’t know what the promoters of the bill want to do, but we should have a conversation about it again… probably it shouldn’t be a private members bill. It should be a government bill with government behind it after consultation with all the stakeholders to see how to move this forward,” Mahama added.

His position on the bill has been consistent with his calls for a careful review to ensure constitutional alignment. In a December 4 interview with BBC Africa, Mahama described the bill as focused on family values rather than targeting the LGBTQ+ community specifically. “It is not an anti-LGBTQI Bill; it is a Family Values Bill. It was approved unanimously by our Parliament. [LGBTQI] is against our African culture, it is against our religious faith, but I think we must look at the Bill, and the president must indicate what he finds wrong with that bill and send it back to Parliament or alternatively he must send it to the Council of State and get the Council of State’s advice.”

When pressed on whether he would sign the bill into law if elected, Mahama responded, “It depends on what is in the Bill.” He emphasized that if he had been president during the bill’s passage, he would have ensured a thorough review of its contents and sought advice from constitutional advisory bodies. “That is what I would have done,” he affirmed.

The expired Human Sexual Rights and Family Values Bill aimed to criminalize LGBTQ+ activities and advocacy, including imposing sanctions on individuals and organizations promoting or funding related causes.

Supporters of the bill argue it protects Ghana’s cultural values from external influences, while critics, including human rights organizations, contend it violates fundamental freedoms such as expression, association, and equality before the law.

The bill previously faced legal challenges from journalist Richard Dela Sky and academic Dr. Amanda Odoi, who questioned its parliamentary passage, citing a lack of quorum. However, the Supreme Court dismissed their petitions, with Justice Lovelace Johnson clarifying that constitutional challenges can only apply to fully enacted laws.

Meanwhile, Ningo-Prampram MP Sam Nartey George has insisted that Mahama, if elected, would have no choice but to approve the bill once it is presented to him again. “That is a misconception that has been put out. I listened to that interview. President Mahama has been clear that he will sign that bill and he has no option than to sign that bill,” he stated during a media interaction.

Additionally, Tamale South MP Haruna Iddrisu has hinted at presenting personal recommendations on the bill to Mahama. Though he did not disclose the specifics, he expressed confidence that his suggestions would contribute to refining the bill in line with Ghana’s legal standards.

“I have some ideas on the LGBTQ but I am yet to share them with the president as to how he can re-own the bill, get national consensus around it, and be consistent with the laws of Ghana and the constitution,” Iddrisu stated at the National Muslim Prayer and Thanksgiving event on January 10, 2025.

“There is a way to deal with it. Commenting here will mean that I am reducing it to a religious matter, but indeed it is a social problem of our country that collectively we have to deal with and solve,” he concluded.

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