Ghana’s Parliament has passed the Human Sexual Rights and Family Values Bill, but new exemptions in its Clause 9 have triggered fresh debate over whether the law was weakened.
Lawmakers approved the re-introduced bill, widely known as the anti-LGBTQ+ bill, on Friday, May 29, sending it to President John Mahama for assent. The legislation retains its core provisions, criminalising same-sex conduct and banning the promotion, advocacy and funding of LGBTQ activities. The amended Clause 9, however, now states that providing legal representation, reporting as a journalist, or offering medical, psychological or counselling services to people identified as LGBTQ will not count as promotion under the law.
Those changes have divided even the bill’s backers. Old Tafo Member of Parliament (MP) Vincent Ekow Assafuah urged major religious bodies, including the Ghana Catholic Bishops’ Conference, the Christian Council, Pentecostal and charismatic councils and the Office of the National Chief Imam, to scrutinise the revisions before assent. “This is not the time for silence,” he said, questioning whether the final bill matches what Ghanaians were promised. Reports indicate sponsor Rev. John Ntim Fordjour also opposed the Clause 9 amendments.
A lecturer at the Ghana Institute of Management and Public Administration (GIMPA) Law School, Oxford Osei Bonsu, urged a focus on effectiveness over politics, arguing that passing a law does not guarantee it solves the problem it targets. He cautioned against any reading that would deny accused persons legal representation, calling such an interpretation a constitutional red flag.
Lawyer Martin Kpebu offered a contrasting view, describing the bill as an improvement on the existing framework under Section 104 of the Criminal Offences Act because it addresses treatment and discrimination, not only criminal penalties.
Rights groups and civil society organisations continue to oppose the legislation on constitutional and reputational grounds. Its future now rests with the president and any legal challenges that may follow.
