The Commissioner of the Commission on Human Rights and Administrative Justice (CHRAJ), Joseph Whittal, has said the anti-gay bill is very likely to face stiff court action if it is assented to by the President.
He indicated that the country needs to be careful in how this bill which imposes a prison sentence of up to three years for anyone convicted of identifying as LGBTQ+ and also a maximum five-year jail term for forming or funding LGBTQ+ groups, is being handled.
“This bill is not a law, so it cannot be used against anybody. There are still processes to make it a law. That is why I am raising the challenge to the president to consider whether he shouldn’t exercise his right of rejection on the basis of constitutionality aired against human rights. If it makes it through him, and if he also assents, I know there is a bunch of people who are ready to challenge the constitutionality of this bill before the Supreme Court.
“It is early days yet. I will advice them, they should hold on. While all these things are working out, I have confidence that somewhere along the line something will shift.
“We cannot just use the principle of our cultural values and throw all of us under the bus. We need to be very careful as a people,” he said on Joy News on Thursday Febraury 29.
Anti-gay bill: We’re ready for you in court – Foh Amoaning tells Audrey Gadzekpo
Meanwhile, the Executive Secretary of the National Coalition for Proper Human Sexual Rights and Family Values, Moses Foh Amoaning says that they are ready to face the opposers of the anti-gay bill in court if they decide to sue over the passage of the bill.
He says that in court, the opposers of the bill cannot engage in propaganda.
Mr Foh Amoaning told Johnnie Hughes on the Sunrise show on 3FM on Thursday Ferbruary 29 that “The truth of the matter is that in law, once a society decides that this sort of behaviour is something we don’t like and therefore we are criminalizing it, you cannot promote it. Otherwise, you will be committing a crime, you are abetting, you are preparing, you are assisting, all of that are offenses under the law.
“They say they are going to court, the law school is very close to Supreme Court, we are waiting for Audrey Gadzekpo. In the Supreme Court, she won’t get the opportunity to preach propaganda, the court will have a look at the things that they do, we are going to graphically show it, we will show how a woman licks the vagina of another woman in sexual activities that they engage in. So Audrey, get ready, we are going to expose all these things, don’t think you are coming to the court and go and talk about human rights, civil rights, no. In the court of law, we will prove the facts and the court will see what you are doing to Ghanaian children.”
Ghana’s Parliament on Wednesday, February 28 passed the Human sexual rights and family values bill, 2021 also known as the anti-gay bill after successfully going through all three reading stages.
“3rd reading of the anti-lgbtq bill passed by parliament, the bill has been passed, ” TV3’s Parliamentary correspondent Komla Klutse reported
One of the sponsors of the bill, Ningo-Prampram Lawmaker Samuel Nartey George told journalists after the passage that “We want to thank Osei Kyei-Mensah-Bonsu who was very instrumental in passing this bill.”
“The house has stood united, an overwhelming majority of both sides of the house have supported this bill,” he added.
Prior to the passage, a human rights coalition, comprising of CDD Ghana, “the big 18” and others had called on President Akufo-Addo not to assent to the bill in its current state.
Prof Audrey Gadzekpo who is part of the group, at a press conference in Accra on Tuesday, February, 27, 2024 noted that the Bill will infringe on the fundamental human rights of many including the media as enshrined by the 1992 Constitution.
Professor Gadzekpo said “We observed that proposals to amend the Bill to substitute community services for in castration that was made by the Member of Parliament for Effutu, Mr. Afenyo-Markin was unfortunately rejected. Although his amendments were opposed by the majority of the house leading to a removal of the proposed amendments, we appreciate his effort aimed at reforming our justice system.”
On Wednesday, February 21, the then Deputy Majority Leader, Alexander Afenyo-Markin withdrew his amendments to the anti-LGBTIQ+ bill which seeks to impose a prison sentence paving way for the Bill to be considered for passage in the coming days.
“Ghana is a secular and multi-religious country with over 50 ethnic groups with different cultural practices and beliefs. Any attempt to create a single cultural value system for Ghana erases the beautiful cultural mosaic that makes us a unique people.” Professor Gadzekpo posited.
She further explained that “It is for this reason that the constitution abolishes all practices and laws detrimental to people’s health and well-being, even in the name of culture and tradition.”
The coalition noted that, the Bill will undermine the journalists’ ability to speak freely. The Bill in its current form states, “any person that uses the media to broadcast and slash or advocate on LGBTQ+ topic faces a prison sentence of up to three years.”
The group believed that “this places a heavy restriction on journalists, bloggers, influencers and various social media users who produce or publish content, especially those who work in the field of human rights.”