Aspects of anti-LGBTQ+ Bill may violate some fundamental human rights – Attorney-General
The anti-LGBTQ+ Bill, known rightly as the “Promotion of Proper Human Sexual Rights and Ghanaian Family Values Bill 2021”, seeks to criminalize LGBTQI+ activities and advocacy.
The Attorney-General and Minister of Justice Godfred Yeboah Dame, has submitted that aspects of the anti-LGBTQ+ Bill in its current form, may violate some fundamental human rights and freedoms enshrined in chapter 5 of the 1992 Constitution.
These he says include the Right to Freedom of Expression, Thought and Conscience, and Freedom from Discrimination.
In a letter addressed to the Constitutional, Legal and Parliamentary Affiars Committee of Parliament, the AG noted that even though the position of the government may be of limited significance, it was proper that he expresses a view on the validity of the Bill, since “any unconstitutionality or illegality exposes the State to unwarranted civil actions.”
Further to that, he also submitted that some provisions of the Bill seem to repeat already existing legislation and also imply amendment to provisions in existing legislation, such as the Marriages Act, 1884-1885 (Cap 127), the Criminal Offences Act, 1960 (Act 29), the Criminal and Other Offences (Procedure) Act, 1960 (Act 30) and the Children's Act 1998 (Act 560).
“Unnatural carnal knowledge of a person with or without the consent of that person and unnatural carnal knowledge of an animal is already criminalized by Act 29. The Bill seeks to state a broader prohibition on unnatural carnal knowledge or criminalisation of sexual intercourse between persons of the same sex. This does not appear to be inconsistent with the Constitution,” the letter said.
In addition, Mr. Dame noted that aspects of the Bill are inconsistent with the Constitution, particularly on restrictions on the dissemination of certain kinds of information directed at children, and the prohibition on adoption, fosterage, and marriage between persons of the same sex.
“Clauses 17 and 18 of the Bill prohibit a court and the Department of Social Welfare from granting an application for adoption or fosterage to an applicant who is an LGBTTQQIAAP+ person, an ally of an LGBTTQQIAAP+ person or a person who is "questioning". It is worth noting that section 86K of the Children's Act, 1998 (Act 560) places a restriction on inter-country adoption on a person who is in a same-sex relationship."
“Finally, attention is drawn to the possible implementation challenges likely to be faced after the Bill is passed. Some provisions, when implemented, will violate some fundamental human rights and freedoms, particularly the right to privacy.”
The anti-LGBTQ+ Bill, known rightly as the “Promotion of Proper Human Sexual Rights and Ghanaian Family Values Bill 2021”, seeks to criminalize LGBTQI+ activities and advocacy.
The Bill proposes among others a 10-year prison term for LGBTQ+ people as well as groups and individuals who provide advocacy for LGBTQ+ activities.
Read the AG's opinion below;