The “Big 18” and Human Rights Coalition operating under the auspices of CDD-Ghana, have called on the President, Nana Akufo-Addo, not to assent to the Human Sexual Rights and Family Values Bill, 2021 popularly called the Anti-LGBTQI Bill when passed by Parliament.
The assent of the Anti-LGBTQI by the President, the “Big 18” and Human Rights Coalition assert, violates key fundamental human rights provisions in Ghana’s 1992 Constitution.
They argue that, in one swoop, the Bill seeks to infringe on, among others, the rights to dignity, freedom of speech, freedom of association, freedom to partake in processions, academic freedom, equality, and nondiscrimination.
“These rights and freedoms constitute the bedrock of any constitutional democracy and any attempt to tinker with them will set a dangerous precedent for our democracy and must be of great concern to all Ghanaians,” remarked Professor Audrey Gadzekpo speaking at a press conference on Tuesday, February 27, 2024.
Speaking further at the press conference, Prof. Gadzekpo noted that Human rights are not dependent on majority approval or disapproval, therefore, the assertion by proponents of the Anti-LGBTQ+ Bill that because the majority of Ghanaians are allegedly in favour of the Bill justifies its passage into law is untenable.
“We are aware that some religious communities may find LGBTQ+ activities offensive and classify them as sinful. It is within their right to freedom of thought and religious practice to take such a stance. However, Ghana’s secular democratic organization allows and encourages diversity and inclusivity. For this reason when the Constitution makes provisions for, among other things, freedom of religion, it does not prescribe nor impose a singular religious faith on the country but allows for people to profess, belong to, adopt, and manifest their religion of choice.
“Any attempt to criminalize what some regard as a sin through the instrumentality of the State, violates the long-standing principle of separation of Church and State. It would also constitute a state-sanctioned imposition of the religious views of one segment of the Ghanaian society onto those who may not share them,” she posited.
In addition to violating the rights of the LGBTQ+, she further argued that the Bill would violate media and press freedoms as it would punish any citizen who broadcasts or posts publications, stories or reports that are said to be related to LGBTQ+ activities.
“Any person that uses the media to broadcast and/or advocate on this topic, faces a prison sentence of up to
three years. 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. Furthermore, the Bill violates Article 108 of the 1992 Constitution which prohibits private members’ bills that impose a charge on the public purse. As a result of this, we urge the president not to assent to the Human Sexual Rights and Family Values Bill, 2021,” she quipped.
“This Bill criminalizes a person’s identity and strips away the rights of many groups in Ghana, including the media. If it becomes law, not only will it mark a sharp departure from both domestic and international human rights standards, but it will also undermine the fundamental rights journalists have to do their work without fear of being held criminally liable. It will signal a sad day indeed for the media’s hard-earned right to discharge its responsibilities to society and have a chilling effect on freedom of expression for all,” she added.
The “Big 18” refers to a group of lawyers that came together to oppose the passage of the Anti-LGBTQI Bill by Parliament when the subject became topical on the floor of Parliament and in the country.
Ashantibiz
