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Desist from transmitting anti-gay bill to Akufo-Addo – Presidency to Parliament

The Office of the President has requested Parliament to refrain from sending the anti-gay bill to President Nana Addo Dankwa Akufo-Addo for his assent. The decision, according to Nana Bediatuo Asante, the Secretary to the President, stems from the acknowledgment of two pending applications for an order of interlocutory injunction before the Supreme Court. The applications seek to prevent Parliament from sending the Bill to the President and to restrain the President from signifying his assent to the Bill, pending the final determination of the matter. In a statement signed by Nana Bediatuo, on Monday, the office disclosed that the Attorney-General had informed the President via a letter dated March 18, 2024, that he had been duly served with both applications. The statement added that the Attorney-General also advised the President not to take any action concerning the Bill until the issues raised by the suits are resolved by the Supreme Court. “It is the understanding of this Office that both applications have also been duly served on Parliament. Therefore, it would be improper for you to transmit the Bill to the President and equally improper for this Office to receive the Bill until the Supreme Court determines the matters raised in the suits,” it added. The Office further stated that it is established law that during the pendency of an interlocutory injunction application, the status quo ante should be maintained, and no action should be taken that could prejudice the injunctive relief sought and undermine the authority of the court. “In the circumstances, you are kindly requested to cease and desist from transmitting the Bill to the President until the matters before the Supreme Court are resolved,” it added. CitiNewsroom

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Don’t sign anti-gay bill – Amnesty International Ghana to Akufo-Addo

Amnesty International Ghana has urged President Nana Addo Dankwa Akufo-Addo not to endorse the contentious anti-gay bill. Genevieve Partington, the Country Director of Amnesty International Ghana, characterized the bill as a “flagrant violation of privacy rights” that could have severe repercussions for Ghana if enacted into law. This plea was made during a meeting involving Amnesty International Ghana, several Civil Society Organisations (CSOs), and the Attorney General, Godfred Dame, on Tuesday, March 12, 2024. Genevieve Partington underscored the potential impact of the President’s approval of the bill on individuals perceived as homosexuals. “We are appealing to the President not to sign the bill into law as it will have dire consequences on Ghana.” Madam Partington urged the government to fulfil its duty to safeguard the rights of all individuals, irrespective of their sexual orientation or gender identity. She proposed that the Attorney General promptly address human rights issues such as the Community Sentencing Bill, Death Penalty Bill, and Witchcraft Accusations Bill. The meeting was attended by Amnesty International Ghana’s Country Director, Genevieve Partington, accompanied by staff and board members, and representatives from The Sanneh Institute, Perfector of Sentiments (POS) Foundation and Legal Resources Centre. On February 28, 2024, the Parliament passed a bill criminalizing LGBTQ+ activities, including their promotion, advocacy, and funding. Convicted individuals could face imprisonment ranging from 6 months to 3 years, while those found guilty of promoting and sponsoring the act could face a jail term between 3 to 5 years. Click to read the statement by Amnesty International Ghana: ——Amnesty-International-Ghana-pays-a-courtesy-call-to-the-Attorney-Generals-Office CitiNewsroom

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Akufo-Addo’s delay in assenting anti-LGBTQ+ bill unconstitutional – Law lecturer

Leave a Comment / Local News, News / Superlaw Admin

Justice Srem-Sai, Senior Lecturer at the GIMPA Law Faculty, has voiced concerns over President Akufo-Addo’s handling of the Human Sexual Rights and Ghanaian Family Values Bill, commonly known as the anti-LGBTQ+ bill. Srem-Sai asserts that the President’s decision to defer assent to the bill violates constitutional principles. President Akufo-Addo, in a recent engagement with members of the Diplomatic Corps, stated that he would await the Supreme Court’s ruling on the bill before deciding whether to assent to it or not. Speaking to Citi News, Justice Srem-Sai says the Constitution does not grant the President the authority to exercise discretion regarding the timing of assenting to a bill. He highlights specific timelines outlined in the Constitution, stating that within seven days of receiving a bill from the Speaker of Parliament, the President must indicate whether he intends to veto it. “Within the first seven days after the president has received the bill from the Speaker of Parliament, he is bound to indicate whether he wants to veto the bill to the Speaker. Then, after another fourteen days, he is required to give his reservations about some of the provisions and why he wants to veto the bill, and that must be forwarded to the Speaker. The law also makes provisions for the bill to be sent to the Council of State, and in all these timelines, there is no space for the president to use his discretion to say that he is waiting for something else to happen before he vetoes the bill.” “So our point is that the president’s desire will basically be violating provisions of the constitution because the constitution gives him no power as to when he is supposed to act on a bill.” Explore the world of impactful news with CitiNewsroom on WhatsApp! Click on the link to join the Citi Newsroom channel for curated, meaningful stories tailored just for YOU: https://whatsapp.com/channel/0029VaCYzPRAYlUPudDDe53x No spams, just the stories that truly matter! #StayInformed #CitiNewsroom #CNRDigital

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Reject Anti-LGBTQ Bill – Samia Nkrumah Tells President Akufo-Addo

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Former Member of Parliament for Jomoro, Samia Yaba Nkrumah, has called on President Akufo-Addo not to sign the Bill on Human Sexual Rights and Family Values, also known as the anti-LGBTQ bill. This legislation, which was passed in Parliament on February 28, 2024, seeks to criminalize LGBTQ activities and prohibit their promotion, advocacy, and funding. Under the bill, individuals found guilty of LGBTQ activities could face a jail term of 6 months to 3 years, while promoters and sponsors of these acts may incur a 3 to 5-year prison sentence. However, the bill has faced strong criticism from various stakeholders, including the United States Ambassador to Ghana, Virginia Evelyn Palmer. Ambassador Palmer has even threatened to withdraw business relations with Ghana should the bill be signed into law. In an interview with the Daily Graphic, Samia Nkrumah, who is also the daughter of Dr. Kwame Nkrumah, the first President of Ghana, described the bill as excessively severe and unjust. She voiced her opposition, highlighting the potential for division and discord that could arise from the legislation. “I pray the president does not sign it, or assent to it. I believe it is a brutal, harsh, and unjust law, and we don’t need it. We are against rape, pedophilia, against all these situations that people seem to be terrified of gays and I think we need to educate ourselves. But most importantly, I don’t support anything that brings division and torments the people of Ghana. We are all Ghanaians, and we need to protect and take care of each other,” said Nkrumah. As debates surrounding the bill continue, the government and various stakeholders are grappling with balancing human rights concerns while upholding cultural and traditional values. President Akufo-Addo’s decision on whether to assent to the bill will be closely watched as it could have significant implications for Ghana’s international relationships and reputation. dailyguide.com

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Opinion: While passing the anti-gay bill may be good, we must consider its potential implications

Leave a Comment / Article, Ghanaian Authors / Superlaw Admin

The recent passage of the Proper Human Sexual Rights and Ghanaian Family Values (Anti-LGBTQ) Bill by the Parliament of Ghana has sparked significant debate and concern, both domestically and internationally. The bill aims at promoting proper human sexual rights and Ghanaian family values and proscribes the promotion and advocacy for LGBTQ+ practices. The Bill is yet to be given assent by President Akufo Addo. While the intentions behind the bill may be well-meaning, it is crucial to carefully consider its potential implications, particularly in light of the economic consequences outlined in the recent report. Most Ghanaians have expressed their joy at the passage of the anti-gay bill because it will go a long way to promote proper human sexual rights and Ghanaian family values. However, the happiness has been curtailed by a plea from the Ministry of Finance to President Akufo-Addo not to assent to the recently passed anti-LGBTQ bill by Parliament. In a press release on Monday, March 4, 2024 the Finance Ministry cautioned that approving the bill could result in significant financial consequences for Ghana. According to the Finance Ministry’s statement, Ghana stands to lose a substantial amount of World Bank financing, estimating a potential loss of USD$3.8 billion over the next five to six years. This was after the Finance Minister, Dr. Mohammed Amin Adam, convened an Emergency Meeting with Chief Director and Director of the Ministry, the Governor and 1st Deputy Governor at Bank of Ghana (BoG) and the Commissioner-General of GRA to ascertain the immediate impact of the passage of the Bill on the implementation of the 2024 Budget. The Report summarised deliberations at the meeting and provides recommendations for the consideration of the President. The report indicated that if the President gives consent to anti-LGBTQ bill, it is likely to affect our relationship with the International Monetary Fund, which will go a long way to affect the financial Aids offered to us. This loss of financial support would have profound consequences for our economy, jeopardising crucial development initiatives and undermining our ability to achieve our national goals outlined in the 2024 Budget, according to the finance ministry. However, the report further advised that if the President decides sign the bill, then there has to be a structured engagement with local conservative forces, such as religious bodies and faith-based organisations to communicate the economic implications of the passage of the Anti LGBTQ Bill and to build a stronger coalition and a framework for supporting key development initiative that are likely to be affected. It also advised that there should be an effective engagement with conservative countries, including the Arab countries and China. This could help trigger resources to fill in the potential financing gaps to be created. In the light of these concerns, we urge the President to carefully deliberate on his decision regarding the bill. Rather than rushing to sign it into law, we believe that a more prudent approach of bringing all stakeholders to the table to initiate a national dialogue on the matter will be the best way to go. This national dialogue should involve a wide range of stakeholders, including government officials, civil society organisations, religious leaders and political parties. The goal of this dialogue would be to thoroughly examine the implications of the bill from both social and economic perspectives and to explore alternative solutions that uphold human rights while also addressing concerns about family values. Furthermore, we echo the recommendation put forth by the Ministry of Finance to engage with international partners and explore alternative sources of funding to mitigate the potential loss of World Bank financing and strengthening partnerships with conservative countries and leveraging the principles of the Ghana Beyond Aid agenda could help to fill the financing gap and support key development initiatives. Ultimately, the decision on the Anti-LGBTQ Bill should not be taken lightly. It is imperative that the President takes the time to carefully consider the economic and social ramifications of this legislation and to engage in a transparent and inclusive dialogue with all stakeholders. By doing so, we can ensure that our policies are not only grounded in our shared values but also contribute to the country’s long-term prosperity and stability. As a nation, we have overcome many challenges in the past through dialogue and cooperation. We are confident that by coming together to address this issue, we can find a balanced approach that respects the rights of all citizens while also safeguarding our economic well-being. chronicle

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Suit against anti-LGBTQ+ bill not a declaration of my personal stance – Richard Sky

Leave a Comment / Local News, News / Yaw Nkansah Abankroh

Richard Dela Sky, a private legal practitioner, has clarified the motivations for his legal challenge against the recent enactment of the anti-LGBTQ+ bill by parliament. On Tuesday, March 5, 2024, Sky’s legal team submitted an application to the Supreme Court, seeking a declaration that the Human Sexual Rights and Family Values Bill, commonly known as the anti-gay bill, is null and void. Sky contends that the bill’s passage violates Article 33(5) of the 1992 Constitution, along with Articles 12(1) and (2), 15(1), 17(1) and (2), 18(2), and 21(1) (a) (b) (d) and (e). He asserts that the bill’s provisions “raise profound concerns regarding the potential infringement of the fundamental human rights and freedoms guaranteed to every Ghanaian by the Constitution.” Additionally, Sky clarified that his legal action is not a reflection of his personal views on LGBTQI+ individuals. Instead, it is an endeavour to ensure strict adherence to the Constitution and safeguard the fundamental human rights enshrined within it. In a statement dated March 5, 2024, Richard Dela Sky said, “In my capacity as a citizen of the Republic of Ghana, deeply committed to the principles of democracy and the rule of law as enshrined in our revered 1992 Constitution, I have initiated legal action in the Supreme Court of Ghana. This action is not a declaration of my personal stance on LGBTQI+ individuals per se, but a conscientious effort to ensure the strict adherence to and protection of the constitutional framework that governs our society.” He urged Ghanaians to support this cause to maintain the integrity of the constitution. “This emerging think tank is, among other things, dedicated to protecting and defending the Constitution of Ghana and the rights enshrined therein. We aim to foster a robust constitutional culture in Ghana, empowering every citizen to uphold and defend the principles that safeguard our collective freedoms and dignity. I call upon all Ghanaians to view this legal action in the light of a patriotic endeavour to preserve the integrity of our Constitution and the democratic values we hold dear. It is a testament to our collective determination to ensure that Ghana remains a beacon of democracy and rule of law in Africa and around the world.” Read below Richard Dela Sky’s statement PRESS STATEMENT For Immediate Release A WRIT TO UPHOLD THE PROVISIONS OF GHANA’S 1992 CONSTITUTION 1. 5th March 2024 — Oxford — In my capacity as a citizen of the Republic of Ghana, deeply committed to the principles of democracy and the rule of law as enshrined in our revered 1992 Constitution, I have initiated legal action in the Supreme Court of Ghana. This action is not a declaration of my personal stance on LGBTQI+ individuals per se, but a conscientious effort to ensure the strict adherence to and protection of the constitutional framework that governs our society. 2. On February 28, 2024, following the purported passage of “The Human Sexual Rights and Family Values Bill 2024,” I instructed a team of lawyers to file a writ at the Supreme Court of Ghana, challenging the constitutionality of the proposed legislation. This bill, in its essence and provisions, raises profound concerns regarding the potential infringement of the fundamental human rights and freedoms guaranteed to every Ghanaian by the Constitution. 3. The reliefs and orders sought in this legal action are as follows: i. A declaration that upon the true and proper interpretation of Article 33(5) of the Constitution of 1992, in light of Articles 12(1) and (2), 15(1), 17(1) and (2), 18(2), and 21(1) (a) (b) (d) and (e) of the Constitution, the passage of “The Human Sexual Rights and Family Values Bill, 2024” by Parliament on 28th February 2024 contravened the Constitution and is to that extent null, void, and of no effect. ii. A declaration that the Speaker of Parliament contravened Article 108(a)(ii) of the Constitution, in light of Article 296(a)(b) and (c), by admitting and allowing Parliament to proceed upon and pass “The Human Sexual Rights and Family Values Bill, 2024” into law as the same imposes a charge upon the Consolidated Fund or other public funds of Ghana. iii. A declaration that Parliament exceeded its authority under Articles 106(2) and 108(a)(ii) in passing “The Human Sexual Rights and Family Values Bill, 2024,” as the same imposes a charge upon the Consolidated Fund or other public funds of Ghana. iv. A declaration that, upon the true and proper interpretation of Articles 102 and 104(1) of the Constitution, Parliament lacked the requisite quorum to pass “The Human Sexual Rights and Family Values Bill, 2024.” v. An order restraining the Speaker of Parliament and the Clerk to Parliament from presenting “The Human and Sexual Values Bill, 2024” to the President of the Republic for his assent. vi. An order restraining the President of the Republic from assenting to “The Human and Sexual Values Bill, 2024,” as such action will directly contravene the Constitutional safeguards of liberties and rights of Ghanaians. vii. An injunction barring any attempts to enforce the provisions of “The Human Sexual Rights and Family Values Bill 2024,” particularly those criminalising same-sex relationships and related advocacy efforts. viii. Such further orders or directions as to this Honourable Court may seem to meet. 4. This legal challenge is grounded in the belief that every legislative process and the laws emanating therefrom must align with the constitutional mandates that guide our nation. It is imperative that we scrutinise and challenge any legislative action that appears to contravene the Constitution, to safeguard our democracy and the rights it guarantees to every citizen, regardless of their stance on any particular issue. 5. In my unwavering pursuit to combat breaches of the Constitution, promote human rights, and deepen the tenets of the rule of law, accountability, and responsible citizenship, I co-founded the Article II Initiative (a2i). This emerging think tank is, among other things, dedicated to protecting and defending the Constitution of Ghana and the rights enshrined therein. We aim to foster a robust constitutional culture in Ghana, empowering every

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Stop Akufo-Addo from assenting anti-gay bill- Richard Sky asks Supreme Court

Leave a Comment / Local News, News / Yaw Nkansah Abankroh

Broadcaster, Richard Sky, has asked the Supreme Court to stop President Nana Addo Dankwa Akufo-Addo from assenting into law the Human and Sexual Rights and Family Values Bill commonly known in Ghana as the Anti-Gay bill. In a writ filed at the Supreme Courton Tuesday, March 5, 2024, invoking the jurisdiction of the apex court to interpret and enforce the Constitution, Mr Sky is also seeking an order from the court to restrain the Speaker and Clerk of Parliament from presenting the bill to the President to assent. He is further seeking an injunction against any attempt to enforce the bill, especially the aspect that criminalises same sex relationship. Further declarations The writ also contends that the anti-gay bill contravenes many provisions in the constitution such as Article 12 (1) which enjoins all arms of government to respect and uphold the fundamental human rights of all persons, Article 15(1) which protects the dignity of all persons and Article 18(2) which protects the privacy of people. Other provisions, he argues, are Article 17(1) which provides for equality before the law and Article 21(a) and (b) which protects freedom of speech and thought. Mr Sky is therefore seeking a declaration from the highest court of the land that the bill sins against all the above stated provision, as well as 106 and 108 which dictate the mode by which Parliament can pass a bill. Again, Mr Sky is seeking a declaration from the court that at the time the bill was passed, Parliament lacked the requisite quorum as stipulated by Articles 102 and 104 of the Constitution. Other suit This is not the only suit challenging the constitutionality of the bill. Even before the bill was passed by Parliament, a human rights activist, Dr Amanda Odoi, went to the Supreme Court with a case that the Speaker of Parliament and Parliament in general had violated the constitution. It was her case that the Speaker of Parliament breached Article 108 of the 1992 Constitution by not giving an opinion whether the bill when implemented could lead to financial consequences on the country through a charge on the consolidated fund. That suit is yet to be determined by the apex court. Writer’s email: emma.hawkson@graphic.com.gh

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Ghana to lose $3.8B World Bank Financing following Anti-LGBTQ Bill

Leave a Comment / Local News, News / Yaw Nkansah Abankroh

The Ministry of Finance has disclosed that Ghana is likely to lose 3.8 billion dollars in World Bank financing over the next five to six years if President Akufo-Addo signs the Anti-LGBTQ Bill into law. According to the Finance Ministry, for 2024 Ghana will lose 600 million dollars in Budget support and 250 million dollars for the Financial Stability Fund, which will negatively impact Ghana’s foreign exchange reserves and exchange rate stability. The statement said the potential loss of these financial resources creates a financing gap in the 2024 budget that must be addressed either through a significant reduction in expenditures or additional domestic revenue mobilisation. The statement further said that failing this, the government’s ability to achieve the targets in the 2024 Budget will be undermined and the IMF-ECF Programme will be derailed. Hence, the non-disbursement of the Budget Support from the World Bank will derail the IMF programme. This will in turn trigger a market reaction which will affect the stability of the exchange rate. The African Development Bank, on the other hand, has indicated that the passage of the bill will not have any adverse impact on cooperation with Ghana. However, after several discussions with officials from the German Government, the finance ministry officials have been informed that the German Government is against the passage of the Bill. Given Germany’s relatively strong influence in the European Union and the Official Creditor Committee, there is a need to manage the relationship to forestall a strong negative reaction. Source: Citinewsroom

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CHRAJ aims at Supreme court over anti-LGBTQ+ Bill – Joseph Whittal

Leave a Comment / Local News, News / Yaw Nkansah Abankroh

The Commission on Human Rights and Administrative Justice (CHRAJ), has served notice that it will be joining any group that heads to the Supreme Court or even lead the charge if President Akufo-Addo gives his assent to the anti-LGBTQ+ bill passed by Parliament. The bill imposes a prison sentence of up to three years for anyone convicted of identifying as LGBTQ+. It also imposes a maximum five-year jail term for forming or funding LGBTQ+ groups. MPs frustrated attempts to replace prison sentences with community service and counselling. Concerns about possible human rights violations have been raised by civil society groups and the international community with the United States warning there may be serious implication for Ghana’s economic development. In a press release, Matthew Miller, spokesperson of the State Department explained that the framework would threaten all Ghanaians’ constitutionally protected freedoms of speech, press, and assembly. “The bill would also undermine Ghana’s valuable public health, media and civic spaces, and economy. International business coalitions have already stated that such discrimination in Ghana would harm business and economic growth in the country,”the statement added. However, in line with its constitutional mandate, the Commission on Human Rights and Administrative Justice says the president must not assent to the bill to become law. Commissioner of CHRAJ, Joseph Whittal told Blessed Sogah on Top Story on JoyFM on February 29 that his outfit would support or lead any move to the Supreme Court if the bill is approved. “We can’t just get up and throw them [LGBTQ persons] out and say, we don’t need them. Your culture gave birth to these people. You need to protect them as well. It’s early days, yes, but I can imagine that we will be close to joining such groups or even taking the lead,”he said. Ghanaians are currently awaiting the position of President Akufo-Addo as he is expected to assent to the bill or explain to parliament why he is unable to let the bill pass. myjoyonline.com

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Imprisoning gays won’t eradicate homosexual activities – Catholic Bishops

Leave a Comment / Local News, News / Yaw Nkansah Abankroh

Reverend Matthew Kwasi Gyamfi, the President of the Ghana Catholic Bishops’ Conference, has emphasized that incarcerating individuals based on their sexual orientation will not eradicate homosexuality. Instead, he expressed concern that such measures could potentially exacerbate such activities. On Wednesday, February 28, 2024, Parliament passed the Proper Human Sexual Rights and Family Values bill, commonly referred to as the anti-LGBTQ bill. This legislation criminalizes LGBTQ activities, encompassing their promotion, advocacy, and funding. Individuals found guilty could face a jail term ranging from six months to three years, while promoters and sponsors of these activities could face a three-to-five-year jail term. Although Rev Gyamfi reiterated the church’s support for the passage of the bill, he told Umaru Sanda Amadu in an Eyewitness News interview on Citi FM on Thursday, February 29, that there was a need for a review of the sanctions. He emphasised the need for more reformative and corrective sanctions. “We think that in the case of this particular law and the way it is being implemented, being placed in prison as the punishment that they have chosen, it is not going to solve the problem. Because you see if you round up same-sex people and you know our prisons, they are going to end up in the same room and what is going to prevent them from going through these activities in the prison? “And you are not going to put them there forever because they are going to be there for three months to six months. And then they practice this and come out as more experts at it than when you sent them there. Then you release them back into society. So, what is going to happen? “That is why we were concerned about a punishment that will correct them, that will reform them. So if the government is going this way or if the parliament is going this way that is why we are suggesting that in the prison there, they should add more of the corrective and reformative measures,” he stated. citinewsroom

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