After three long years of hesitation, Ghana’s Parliament finally on February 28, 2024, unanimously passed the Human Sexual Rights and Family Values Act. The Act, yet to be signed by the President into law, criminalizes LGBTQ+ism and its promotion, broadening the scope of sanctions against lesbianism, gayism, bisexualism, transgenderism, transexualism and queerism. Penalties include imprisonment (up to a maximum of three years) for their activities or advocacy.
The Parliament of Ghana has boldly spoken against LGBTQ+ism! As Representatives of the People of Ghana, our MPS without a single exception unanimously and massively voted to uphold the sovereignty of Ghana, with respect to LGBTQ+ism. As Article 1 of the Constitution affirms: The Sovereignty of Ghana resides in the people of Ghana in whose name and for whose welfare the powers of government are to be exercised in the manner and within the limits of this Constitution.
It is regrettable that immediately our Parliament passed the bill, the US issued a statement of being “deeply troubled”, claiming the law “…threatens constitutionally protected freedoms of speech, press, and assembly.” A few International business coalitions, including the International Monetary Fund (IMF) have expressed equal concerns and hinted at potential repercussions should the bill become law.
Back home, a coalition of Ghanaians have indicated their readiness to test the constitutionality of the bill (not yet law, in the absence of a presidential assent). While we await the outcome, this Paper commends the Catholic Church, other Faith Groups and many individuals in Ghana who have expressed in very clear and strong terms their position against LGBTQ+ism. We are encouraged by the resoluteness to resist and legally fight in court.
As we have repeatedly canvassed in this column, and as is the position of the Catholic Church, the Human Sexual Rights and Family Values Act does not criminalize individuals per se, but rather manifest acts of LGBTQ+ism. Thus, the law upholds individual privacy. To date, not less than 30 sovereign African States have passed laws to criminlalize LGBTQ+ism. The bottom-line argument is that LGBTQ+ism is as un-African as polygamy is un-Western.
We are not unaware of unseen forces urging the President not to give assent to the bill to become law. We can only remind the President that per Article 1, as quoted above, ‘Sovereignty’ resides in the people and not in the President, and furthermore that ‘the powers of Government’ are to be exercised in the name and welfare of the people, not that of the President. To the extent that Parliament’s vote (and by implication, the vote of the People) was UNANIMOUS in favour of the Human Sexual Rights and Family Values Act., it is no more optional for the President to deny the People of Ghana his expression of agreement or approval of the law. In this case, we have no doubt that the President will accept what Ghanaians want and have expressly stated.
In the specific case of the Human Sexual Rights and Family Values Act, the law after all, is widely supported by Christians, Muslims, Traditional worshippers and our Traditional leaders. Thus, Ghana and for that matter Africa must stand up to the Mighty and the Powerful, who desire to destroy our decent way of life – our cultural values. Need we remind outside interferers that every society has its enshrined rights, values and choices, best appreciated only within a cultural context. For this reason, we in Ghana have defined fundamental rights and freedoms to include “cultural values and practices” [Article 5 (26)], and accordingly provided them constitutional protection.
In pleading with the President to do the needful, we respectfully remind him of an important aspect of a leader, namely COURAGE, courage to stand for his people, even if that means at the peril of his political life and in the face of the IMF/World Bank and other powerful nations’ threats. Cultural values and practices are dynamic and evolve over time. However, as at this time when our basic cultural values of decency are at the mercy of foreign ideologies, which in themselves are detrimental to our wellbeing and very existence, caving in to foreign influence is to be resisted.
If some 30 African countries which have criminalized LGBTQ+ism are surviving some form of sanctions by the US and other Financial Institutions, Ghana should not be scared. Let the Human Sexual Rights and Family Values Act spur us to manage our resources judiciously; there would be little or no need to fear this threat of choking, external narcissism.
