As the 2024 election season in Ghana intensifies, the political landscape has grown increasingly hostile towards the LGBTQ+ community, exacerbating pre-existing tensions and fueling widespread homophobia. The recent passage of the controversial Proper Human Sexual Rights and Family Values Bill, Act 2024 by the Parliament of Ghana has escalated this situation, awaiting only the presidential assent to become law. This legislation, seen by many as a direct assault on the rights of LGBTQ+ individuals, is being contested in the Supreme Court, with petitions challenging its constitutionality. The court has requested that Parliament file a defense against the petition, but in the meantime, the issue has ignited fervent debate and widespread unrest.

Anti-LGBT Rhetoric as a Political Tool

One of the most alarming trends in this election year has been the open adoption of anti-LGBT rhetoric by leading political figures, including the flag bearers of the major political parties. As candidates strive to capture votes, they are increasingly leaning on divisive language that frames the LGBTQ+ community as a threat to Ghanaian cultural and religious values. This rhetoric has not only polarized the political atmosphere but has also emboldened proponents of the Proper Human Sexual Rights and Family Values Bill, who have rallied in the streets, calling for the Supreme Court to expedite its ruling and for the president to give his assent.

The bill, which purports to "protect Ghanaian family values," effectively criminalizes LGBTQ+ identities and activities, further stigmatizing an already marginalized community. In a country where homosexuality is already illegal under colonial-era laws, the passage of this bill into law would institutionalize state-sanctioned discrimination and violence against LGBTQ+ individuals, leaving little to no legal recourse for those affected.

Escalating Homophobia and Public Protest

The election season, compounded by the passage of the bill in Parliament, has seen an uptick in homophobic attacks and public demonstrations. Proponents of the bill have taken to the streets in large numbers, pressuring the Supreme Court to reject petitions challenging the bill's constitutionality. These protests often take a violent and aggressive stance, with demonstrators chanting anti-LGBT slogans, creating an increasingly dangerous environment for LGBTQ+ Ghanaians.

At the same time, the political class continues to fan the flames of hatred, framing the LGBTQ+ community as a political scapegoat. In their campaigns, leading presidential candidates have seized on the topic as a rallying point, invoking religious and cultural values to paint themselves as protectors of the "moral fabric" of the nation. This rhetoric has emboldened vigilante groups and individuals to take matters into their own hands, often leading to violent acts of homophobia, harassment, and even physical attacks against LGBTQ+ people.

The legal battle surrounding the Proper Human Sexual Rights and Family Values Bill has created a tense stand-off between the judiciary and the legislative arm of government. Petitions have been filed at the Supreme Court, challenging the bill on constitutional grounds. These groups argue that the passage of the bill goes against due process according to Article 108 and Article 125:3 of Ghana’s constitution. The bill also violates fundamental human rights, particularly the right to privacy, freedom of expression, and equality before the law.

The Supreme Court’s decision to require Parliament to file a defense against these petitions is seen by some as a delay tactic, but by others as a crucial step in ensuring that due process is followed. However, this has done little to calm tensions, as both supporters and opponents of the bill anxiously await the court’s judgment. Proponents of the bill have held mass rallies, accusing the judiciary of being influenced by foreign interests and warning of dire consequences if the bill is not enacted swiftly.

The Impact on the LGBT+ Community

The climate of fear and uncertainty that has gripped Ghana’s LGBTQ+ community cannot be overstated. With political leaders and influential public figures openly demonizing them, many LGBTQ+ Ghanaians live in fear of both state-sanctioned and societal violence. Human rights activists, including myself, have documented an increase in cases of harassment, discrimination, and physical violence against members of the LGBTQ+ community. Many have gone into hiding or fled the country, fearing for their lives as public sentiment against them intensifies.

Organizations like LGBT+ Rights Ghana, One Love Sisters and Rightify Ghana amongst others, continue to work tirelessly to provide safety, security training, and legal support to the LGBTQ+ community. However, these efforts are often hampered by the overwhelming pressure from both the government and the general public. Advocacy campaigns against the bill and calls for human rights protections are met with fierce resistance, making it increasingly difficult to create safe spaces for LGBTQ+ individuals in Ghana.

A Path Forward?

The 2024 election year represents a pivotal moment for the future of LGBTQ+ rights in Ghana. While the political atmosphere remains hostile, there is still hope that the Supreme Court will rule in favor of human rights and constitutional protections. Should the court strike down the Proper Human Sexual Rights and Family Values Bill, it would be a significant victory for LGBTQ+ rights and a blow to the growing wave of homophobia that has swept the country.

At the same time, it is clear that long-term progress will require a broader cultural shift. Human rights activists and organizations must continue their work to educate the public and build alliances with progressive elements within Ghanaian society. International pressure and solidarity can also play a role in challenging the current political climate, but real change must come from within.

For now, however, the LGBTQ+ community in Ghana faces an uphill battle in a political landscape that has weaponized their existence for electoral gain. The outcome of the election, and the Supreme Court's ruling, will determine the trajectory of human rights and social justice in Ghana for years to come.

Written by Berinyuy Hans Burinyuy
Director of Communications
LGBT+ Rights Ghana.