Anti-LGBTQ Bill Returns to Parliament for Second Reading After Five-Year Legislative Journey

Politics

Ghana Parliament has resumed consideration of the controversial anti-LGBTQ bill, formally titled the Promotion of Proper Human Sexual Rights and Ghanaian Family Values Bill, presenting it for a second reading on Thursday and reigniting a legislative process that has spanned nearly five years and two separate Parliaments.

The bill, which seeks to criminalise same-sex sexual relations as well as LGBTQ advocacy, funding and related activities, was first introduced in June 2021 by a bipartisan group of Members of Parliament led by Ningo-Prampram MP Sam George. Its return to the House marks the latest chapter in one of the most divisive legislative efforts in Ghana recent democratic history.

The original version of the bill underwent its first reading in August 2021 and was referred to Parliament Constitutional, Legal and Parliamentary Affairs Committee for scrutiny. Between 2021 and 2022, the committee held extensive public hearings that drew submissions from religious bodies, traditional authorities, legal experts, civil society organisations and human rights groups.

The hearings laid bare a sharp national divide. Supporters argued that the bill was necessary to protect Ghanaian cultural and family values, while opponents described it as unconstitutional and discriminatory, warning that it could infringe on fundamental rights of expression and association.

Parliament approved the bill at the second reading stage in July 2023, and moved to clause-by-clause consideration of its provisions. On February 28, 2024, the House passed the bill following its third reading, though not before some provisions that had drawn particular criticism from rights groups were amended or removed.

The bill, however, never received presidential assent. Then-President Nana Addo Dankwa Akufo-Addo withheld his signature while constitutional challenges filed at the Supreme Court remained pending. When the Eighth Parliament was dissolved ahead of the 2024 general election, the legislation lapsed entirely.

In the current Ninth Parliament, the bill sponsors reintroduced it as a private member bill. Speaker Alban Bagbin ruled that the proposed legislation met the constitutional and procedural requirements for reintroduction, clearing the way for the process to begin anew. The bill was formally laid earlier this year and referred back to the Constitutional, Legal and Parliamentary Affairs Committee before returning to the House for Thursday second reading.

The return of the bill has been eagerly anticipated by its proponents, including religious and conservative groups that view it as a moral imperative. Majority Chief Whip Rockson Nelson Dafeamekpor has already signalled that the ruling party intends to push the legislation through swiftly, warning the opposition against obstructing its passage.

Human rights advocates and some civil society organisations continue to oppose the bill on constitutional grounds, arguing that its provisions criminalise identity and could expose LGBTQ Ghanaians to harassment, extortion and violence. International observers are also expected to weigh in, given the global attention the bill attracted during its previous passage through Parliament.

The legislative process ahead will be closely watched, not only for what it reveals about Ghana position on LGBTQ rights, but for the broader constitutional questions it raises about the limits of parliamentary power and the role of the judiciary in reviewing legislation that may conflict with fundamental rights.

Image Source: MYJOYONLINE

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