The Ghana Center for Democratic Development (CDD) and the Human Rights Coalition (HRC) have labelled the passage of the Human Sexual Rights and Family Values Bill by parliament as ill-thought, and unconstitutional with no positive bearing on the nation’s interest.
According to the think tanks, the sensationalism that surrounded the bill truncated any form of sane opposing debate around it. Consequently, they indicated that the bill’s passage was politically unstoppable as we gear towards a seemingly tougher election period.
“The mass hysteria and fanaticism which proponents of the bill had mobilized in support of the bill and against anyone who dared to oppose it made level-headed debate about the bill practically impossible. Consequently, its passage by Parliament became politically unstoppable, particularly in a tough election year.
“Notwithstanding Parliament’s action yesterday, we remain resolute in our conviction that this bill is grossly ill-conceived, unconstitutional, and not in the best interest of the nation,” part of the release stated.
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Consistent with their member’s[ Prof Manuh] stance on going to court, the CDD has also vowed to be resolute in that quest; to seek redress in court should the president assent to the bill.
They are of the view that this is also the right time for the apex court of the land to bring finality to the case beforehand – challenging the constitutionality of the bill, based on the restriction enshrined in article 108 that has been placed on parliament.
“We remain determined to fight this bill outside Parliament. Ghana’s democracy is not a simple majoritarian democracy where the majority can impose their will or prejudices on a minority merely because they have numbers on their side.
“Now that Parliament has proceeded to pass this bill, we believe the time is ripe for the Supreme Court to hear and finally determine the case that is already before it, challenging the constitutionality of this bill, in light of the restrictions placed on Parliament under Article 108 of the Constitution,” they said.
The press release further revealed that, apart from the lawmakers breaching Article 108 of the Constitution, the bill itself failed to satisfy multiple substantive grounds as it restricts the rights of privacy, freedom of association, freedom of speech and expression, freedom of opinion, freedom of the media, and the right to equality under the law.
“Quite apart from being defective in terms of Article 108, the bill also fails the constitutional test on multiple substantive grounds. Among other things, the bill infringes on the rights of privacy, freedom of association, freedom of speech and expression, freedom of opinion, freedom of the media, and the right to equality under the law. In fact, the bill prohibits even advocacy intended to change or repeal the bill were it to become law. In other words, if this bill were to become law, no person, LGBTQ or otherwise, could advocate publicly for its repeal. Not even the Constitution of Ghana, the supreme law of the land, enjoys this untouchable status,” the release added.
Find the full release below:
On Wednesday, February 28, the parliament of Ghana passed the Proper Human Sexual Rights and Family Values Bill also known as the Anti-LGBTQ+ Bill.
The bill prescribes a three-year jail term for identifying as LGBTQ+ and a maximum of five years for the willful promotion, sponsorship, or support of LGBTQ+ activities in the country.
For the newly passed bill to become a full-fledged law, the president, Nana Akufo-Addo must assent to it within seven days of its passage.
On the other hand, if he fails to assent to the bill, parliament can approve it into law by a 2/3 majority vote.
