Ghana’s Anti-LGBT Law: Supreme Court Clears Final Hurdle for Presidential Approval

Controversial Legislation Faces Backlash Over Human Rights Concerns and Could Have Economic Fallout

anti lgbt law ghana

Ghana is poised to enact one of Africa’s most stringent anti-LGBT laws after the Supreme Court dismissed challenges to its constitutionality. The legislation has sparked intense debate, with supporters citing cultural values and critics warning of human rights violations and economic repercussions. As the president’s signature looms, the bill’s impact could resonate far beyond Ghana’s borders.

Background on Ghana’s Anti-LGBT Legislation

Ghana has long maintained restrictive laws targeting LGBTQ+ individuals, but recent developments signal an intensification of this stance. The controversial “Promotion of Proper Human Sexual Rights and Ghanaian Family Values Bill,” often referred to as the anti-LGBT law, represents a major escalation. Introduced in 2021, the bill not only criminalizes LGBTQ+ relationships but also imposes severe penalties for advocating or supporting LGBTQ+ rights.

The legislation, spearheaded by a coalition of religious and traditional leaders, reflects widespread societal conservatism in Ghana. Yet, it has drawn criticism from human rights groups and international organizations, which argue that it threatens basic freedoms and could damage Ghana’s global standing. The stakes are especially high as the country struggles with economic challenges, including reliance on international financial aid.

Supreme Court’s Ruling Clears the Way
On Wednesday, the Supreme Court dismissed two legal challenges to the bill, effectively removing the last major hurdle to its enactment. The cases, filed by lawyers Amanda Odoi and Richard Sky, sought to challenge the constitutionality of the legislation and prevent its passage into law.

The court, however, ruled that the challenges were premature, stating that the bill cannot be contested until it has been signed into law by President Nana Akufo-Addo. Justice Avril Lovelace-Johnson, delivering the court’s unanimous decision, explained, “Until there’s presidential assent, there is no act.”

The ruling has cleared the way for the president to sign the bill, a step that would make Ghana’s anti-LGBT law among the harshest in Africa.

What the Anti-LGBT Law Entails
If signed, the law would go far beyond Ghana’s current legislation, which already criminalizes same-sex relationships with penalties of up to three years in prison. The new bill introduces additional penalties of up to five years for anyone found guilty of “promoting, sponsoring, or supporting LGBTQ+ activities.”

These provisions target not only LGBTQ+ individuals but also allies, organizations, and activists. Actions such as funding LGBTQ+ events or publicly advocating for LGBTQ+ rights could result in imprisonment. Critics warn that such measures could create a climate of fear and encourage violence against LGBTQ+ individuals.

Local and Global Reactions
The bill has sparked a polarized debate within Ghana and beyond. Religious and traditional leaders, who were instrumental in pushing the legislation forward, argue that it reflects Ghanaian cultural and moral values. They have dismissed criticism from international bodies as attempts to impose foreign ideologies on the country.

On the other hand, human rights advocates and legal experts have expressed grave concerns about the implications for individual freedoms. Abena Takyiwaa Manuh, a senior fellow at the Centre for Democratic Governance in Accra, warned that the law poses serious risks. “This ruling puts the lives and safety of LGBTQ+ individuals and human rights defenders in greater danger,” she said following the court decision.

Economic Fallout Looms
Beyond human rights, the anti-LGBT law has raised alarms about its potential economic consequences. Ghana is in the midst of an economic crisis and depends heavily on international financial assistance. The Ministry of Finance has already cautioned that the legislation could jeopardize $3.8 billion in World Bank funding and undermine a critical $3 billion loan package from the International Monetary Fund (IMF).

Foreign governments and development organizations have increasingly tied financial aid to respect for human rights, and enacting such a law could strain Ghana’s relationships with its international partners.

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What Happens Next?
With the Supreme Court’s ruling, the decision now lies with President Nana Akufo-Addo. His signature would make the bill law, a move that could deepen divisions both domestically and internationally. While the president has delayed action on the bill pending the legal challenges, the court’s dismissal of these cases removes any remaining barriers.

Ghana’s stance mirrors trends across the continent, where similar laws have been enacted or proposed. In Uganda, the Anti-Homosexuality Act of 2023 introduced the death penalty for certain offenses, drawing widespread condemnation and international sanctions. Nigeria’s Same-Sex Marriage (Prohibition) Act, signed into law in 2014, imposes a 14-year prison sentence for same-sex unions and criminalizes public displays of affection or advocacy for LGBTQ+ rights. These laws, often framed as protecting cultural or religious values, have created an increasingly hostile environment for LGBTQ+ communities across Africa. Ghana now risks joining these nations in facing heightened scrutiny and strained relations with international partners. The choice ahead will test the country’s ability to balance internal pressures with global expectations.

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