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Ghana Passes Anti-LGBTQ+ Bill — President Orders Scrutiny Before Signing

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Ghana's Parliament has approved a sweeping anti-LGBTQ+ bill, but President Nana Akufo-Addo says he will subject the legislation to careful scrutiny before deciding whether to sign it into law. The bill, which passed with broad bipartisan support in late February, proposes prison sentences of up to five years for individuals convicted of engaging in same-sex relations or promoting LGBTQ+ rights. Akufo-Addo confirmed his stance during a state visit to Nairobi, telling journalists that the bill requires "proper legal review" before he makes a final determination.

What the Bill Proposes

The legislation, formally titled the "Proper Human Sexual Rights and Ghanaian Family Values Bill," targets both citizens and foreign nationals. Under its provisions, individuals found guilty of " wilful pronography" or "unnatural sexual conduct" face imprisonment ranging from one to five years. The bill also criminalises the funding of LGBTQ+ organisations and prohibits public advocacy for LGBTQ+ rights. Parliament approved the measure with 275 votes in favour and only 30 against, reflecting the strong conservative sentiment prevailing among Ghanaian legislators.

Key Provisions and Enforcement

Lawyers have raised concerns about the bill's broad language. Section 6 of the legislation specifically targets "sexual activities between persons of the same sex," while Section 12 extends penalties to anyone who "directly or indirectly funds" LGBTQ+ activities. The Attorney-General's office will be responsible for prosecutions, though the bill does not specify whether private citizens may file complaints. Critics argue the vague wording could lead to arbitrary arrests and harassment of suspected LGBTQ+ individuals.

International Pressure Mounts

The United States has responded cautiously but firmly to the bill's passage. Secretary of State Antony Blinken warned that the legislation could "damage" Ghana's relationship with Washington and potentially affect foreign aid allocations. The US currently provides approximately $140 million annually in development assistance to Ghana. State Department officials confirmed they had conveyed their concerns directly to Ghanaian counterparts in Accra before the parliamentary vote took place.

The European Union and United Kingdom have issued similar warnings through diplomatic channels. Human rights organisations with offices in Ghana, including Amnesty International and Human Rights Watch, say their staff have faced increased hostility since the bill cleared Parliament. The British High Commission in Accra issued a travel advisory noting that LGBTQ+ travellers could face discrimination.

Domestic Support Remains Strong

Despite international criticism, public opinion in Ghana strongly favours the legislation. A survey conducted by the Ghana Centre for Democratic Development in January found that 75 percent of respondents supported criminalising same-sex relations. Religious leaders, traditional authorities, and civil society groups have backed the bill as essential for preserving Ghanaian cultural values. The Ghana Catholic Bishops' Conference praised Parliament's "courage" in passing the measure.

Some Ghanaian human rights lawyers have challenged the bill's constitutionality, arguing it violates provisions protecting privacy and equality before the law. The Ghana Bar Association has called for a legal review but stopped short of demanding the president veto the legislation outright. Former President John Dramani Mahama, now a leading opposition figure, publicly supported the bill during parliamentary debates.

The President's Delicate Position

Akufo-Addo faces competing pressures as he weighs his decision. His New Patriotic Party controls Parliament and largely supported the bill, making a veto politically costly ahead of the 2024 elections. However, international partners and business groups have warned that the legislation could deter foreign investment and damage Ghana's reputation as a stable democracy navigating economic recovery. The country is currently implementing a $3 billion International Monetary Fund programme.

The president has sought to balance these competing interests by emphasising process over outcome. "The rule of law requires that I examine every bill carefully," Akufo-Addo said in Nairobi. "I will receive the bill, review it with my legal team, and make a decision in accordance with the constitution." His office has declined to specify a timeline for that review.

What Happens Next

The bill will remain with the presidency until Akufo-Addo either signs it into law or returns it to Parliament with amendments. Constitutional experts note the president has three options: sign the bill, refuse to sign and allow it to become law after 30 days, or refer it to the Supreme Court for constitutional review. Sources within the presidency suggest the third option remains under consideration, which could delay implementation for months.

Watch for the Supreme Court's response if the president seeks judicial review. A ruling striking down key provisions would force Parliament to amend the bill and vote again. If the court upholds the legislation, Akufo-Addo faces pressure to sign it quickly before international condemnation intensifies. Either way, the outcome will define Ghana's stance on human rights for years to come and test whether Africa's democratic institutions can resist both populist pressure and external influence.

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