Ghana: Here Are The Penalties For Individuals Found In Violation Of The Anti-Gay Bill When It Is Passed

The Promotion of Proper Human Sexual Rights and Ghanaian Family Values Bill, 2021 also known as the Anti-Gay Bill has been topical in recent days.

This is because Parliament on June 5, 2023, convened for the second reading of the bill since it was tabled before the house in 2021.

The Anti-Gay Bill has made several headlines and drawn attention both domestically and internationally and there has been growing curiosity about the potential penalties for individuals found in violation of this proposed legislation.

The object of the bill is to provide for proper human sexual rights and Ghanaian Family Values to proscribe lesbian, gay, bisexual, transgender, queer (LGBTQ+) and related activities; to proscribe propaganda of advocacy for or promotion of LGBTQ+ and related activities.

It will also provide for the protection of and support for children, persons who are victims or accused of LGBTQ+ and related actives and other persons, and related matters.

The bill promises to impose strict consequences for those engaged in same-sex relationships or advocating for LGBTQ+ rights in Ghana.

In this report, we delve into the anticipated penalties outlined within the yet-to-be-passed bill.

Amidst a backdrop of heated debates and human rights concerns, understanding the potential legal consequences is crucial in comprehending the far-reaching implications of this proposed legislation.

If passed into law, the Anti-Gay Bill outlines a range of penalties for various offences related to same-sex relationships and LGBTQ+ advocacy.

Here are some of the key provisions and associated punishments as stated in the bill:

Engaging in Same-Sex Intercourse:

-Violators may face up to three years of imprisonment for engaging in same-sex sexual activities.

Production, Procurement, or Distribution of Prohibited Materials:

– Anyone found producing, procuring, or distributing materials promoting LGBTQ+ activities may face imprisonment ranging from 6 to 10 years.

Public Display of Same-Sex Romantic Relations:

-A “public show of romantic relations” between individuals of the same sex could result in imprisonment ranging from 6 months to 1 year.

Public Display of Romantic Relations with Gender-Reassigned Individuals:

– Engaging in a “public show of romantic relations” with someone who has undergone gender reassignment or cross-dresses may lead to imprisonment ranging from 6 months to 1 year.

Ban on Providing Trans Healthcare:

– The bill includes a ban on providing healthcare services related to gender reassignment.

Dissolution of LGBT+ Associations:

– All LGBT+ associations in Ghana would be disbanded, with participation in such associations carrying penalties of 6 to 10 years of imprisonment.

Prohibition of Sponsorship for LGBT+ Groups:

– The bill prohibits any form of sponsorship or support for LGBT+ groups.

Punishment for Owners of Platforms Promoting LGBT+ Activities:

– Owners of digital platforms or physical premises that facilitate LGBT+ activities may face legal consequences.

Prohibition of Same-Sex Marriage and Marriage to Gender-Reassigned Individuals:

– The bill explicitly prohibits same-sex marriages and marriages involving individuals who have undergone gender reassignment.

Teaching Children about LGBT+ Activities:

– Teaching children about LGBT+ activities or promoting the recognition of gender identities beyond the gender binary may result in imprisonment ranging from 6 to 10 years.