Ghana’s Parliament Passes Controversial Anti‑LGBTQ Bill
On Friday, Ghana’s legislature approved the Sexual Rights and Family Values Act, a measure that renews a push to criminalise same‑sex relationships and related advocacy. The bill, which had already been passed unanimously in 2024, lapsed after former President Nana Akufo‑Addo did not sign it before leaving office. With the new parliament’s vote, the legislation now awaits ratification by President John Mahama before it can become law.
Key Provisions of the Sexual Rights and Family Values Act
The act retains the core penalties from its earlier version while carving out limited exemptions for certain professions.
- Same‑sex relations: Individuals convicted of engaging in consensual same‑sex activity face up to three years’ imprisonment.
- Promotion or support: Anyone who “promotes, sponsors, or intentionally supports” LGBTQ activities may be sentenced to between three and five years in prison.
- Exemptions: Lawyers, healthcare workers, and journalists are expressly excluded from criminal liability when performing their professional duties, provided they do not actively advocate for LGBTQ rights.
These provisions mirror the language of the original bill introduced in 2021, which was widely criticised by domestic and international rights organisations for its vague wording and potential to curb freedom of expression.
International and Domestic Reaction
Human rights groups have condemned the legislation as a retrograde step that threatens fundamental freedoms.
“The bill’s vague language could be used to prosecute anyone perceived as supporting LGBTQ people, chilling legitimate work in health, law, and journalism.”
— Human Rights Watch, February 2025
Amnesty International echoed these concerns, noting that the law could deter LGBTQ individuals from seeking medical care for fear of disclosure and subsequent prosecution.
Supporters of the bill argue that it reflects Ghana’s prevailing cultural and religious norms. Parliamentary debates frequently cited the country’s Christian majority and traditional views on family life as justification for stricter measures.
The United States Department of State’s 2024 Country Reports on Human Rights Practices warned that similar legislation in other African nations has correlated with increased discrimination, violence, and barriers to HIV prevention programs.
Historical Context and Legal Landscape
Same‑sex conduct is already illegal in Ghana under a colonial‑era provision (Section 104 of the Criminal Code) that criminalises “carnal knowledge against the order of nature.” While prosecutions under this statute have been rare, the existence of the law has long been used to justify discrimination and harassment.
The new act seeks to strengthen penalties and broaden the scope of punishable behaviour, moving beyond private conduct to target advocacy and support networks. Legal experts warn that such expansions could conflict with Ghana’s obligations under the African Charter on Human and Peoples’ Rights and the International Covenant on Civil and Political Rights, both of which protect freedom of expression and association.
What Happens Next?
President John Mahama now has a constitutional window to either sign the bill into law, veto it, or refer it to the Supreme Court for a review of its compatibility with Ghana’s constitution. If signed, the act will come into force after publication in the official Gazette.
Observers recommend monitoring the following developments:
- Any legal challenges filed by civil society organisations.
- Potential shifts in public opinion as reported by Afrobarometer surveys.
- Responses from bilateral donors and multilateral agencies that fund health and human rights programmes in Ghana.
The outcome will not only affect the lives of LGBTQ Ghanaians but also serve as a bellwether for how African nations navigate the tension between asserted cultural values and internationally recognised human rights standards.
