Home » Ghana’s LGBTQ+ Community in Limbo as Court Considers Restrictive Bill

Ghana’s LGBTQ+ Community in Limbo as Court Considers Restrictive Bill

President's Delayed Signature Fuels Uncertainty and Anxiety

by Victor Adetimilehin

Ghana’s LGBTQ+ community is facing an anxious wait as a court considers the fate of a controversial bill that would significantly restrict their rights. The legislation, which has drawn international condemnation, has yet to be signed by President Nana Akufo-Addo despite being passed unanimously by parliament in February.

Living in Fear: The Scars of Homophobia

For many LGBTQ+ Ghanaians, the potential impact of the bill is a terrifying prospect. Kwame, a gay man who spoke to reporters on condition of anonymity, already carries the physical scars of the country’s widespread homophobia. He lost an eye in a 2021 attack by neighbors who targeted him over his sexuality.

“Imagine if the bill becomes law,” Kwame said with trepidation. “It would embolden those who feel they can target LGBT people with impunity, empowering them to be murderous.”

Kwame’s story is far from unique. Homosexuality is already illegal in Ghana, punishable by up to three years in prison. However, the proposed law goes much further. It would criminalize not only same-sex relations but also the promotion or advocacy for LGBTQ+ rights. Anyone found guilty of these offenses could face up to five years in prison, making it one of the harshest anti-LGBTQ+ laws in Africa.

Legal Wrangling and a Political Standoff

President Akufo-Addo’s delay in signing the bill has sparked a complex legal and political situation. While some Ghanaians support the legislation, others see it as a blatant violation of human rights. Two legal challenges are currently before the Supreme Court, raising questions about the bill’s constitutionality.

Adding to the tension, a separate court case is pressuring the president to act on the bill. In March, a high court judge ordered President Akufo-Addo to decide within seven days, but a recent postponement has extended the wait until late April.

The president’s delay has also triggered friction within the government. Parliament Speaker Alban Bagbin argued that the delay is unconstitutional and threatened to stall ministerial appointments in protest. This political standoff further amplifies the uncertainty surrounding the bill’s future.

International Community Voices Concerns

The international community has also been vocal in its opposition to the bill. Human Rights Watch warned in March that the law could lead to “gratuitous violence against LGBT people and their allies” and urged President Akufo-Addo to veto it.

Several Western governments have also expressed concern, with some suggesting potential consequences for Ghana’s international relations.

The ongoing legal battles, political tensions, and potential for increased violence are causing significant anxiety within Ghana’s LGBTQ+ community. Many, like Kwame and his partner Suleman, fear they will be forced to flee the country if the bill is signed into law.

“It’s a mental struggle,” said Suleman, “but I owe it to myself to be strong.” The couple, who live apart for safety reasons, say they lack the financial resources to emigrate.

Beyond the LGBTQ+ Community: A Wider Societal Impact

The potential impact of the bill extends beyond the LGBTQ+ community itself. Activists like Emmanuel Owusu-Bonsu fear the legislation will create a climate of fear and intolerance.

“It’s scary,” said Owusu-Bonsu. “It’s like everyone in Ghana is about to be given a gun and they can point it at you and say ‘gay, lesbian or whatever’ and get away with it.”

The legislation has ignited a national debate about human rights, social justice, and the role of government in regulating private lives. The court’s decision and the president’s ultimate action will have significant repercussions for Ghana’s LGBTQ+ community and the country as a whole.

Source: Reuters

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