LGBTQ

Passage of anti-gay bill: It’s a sad day for Ghana’s democracy – Audrey Gadzekpo

Audrey Gadzekpo, the Board Chair of the Center for Democratic Development (CDD-Ghana), has expressed her disappointment regarding the parliamentary approval of the Promotion of Proper Human Sexual Rights and Ghanaian Family Values Bill, 2021 popularly known as the anti-gay bill. The legislation imposes a ban on LGBT activities and makes their promotion, advocacy, and funding illegal. Individuals found guilty of these acts could face a jail term ranging from 6 months to 3 years, while those who promote and sponsor these acts could be imprisoned for 3 to 5 years. In an interview with Umaru Sanda Amadu on Eyewitness News on Citi FM on Wednesday, Prof Gadzekpo emphasized that the bill infringes upon fundamental human rights safeguarded by the Constitution. These rights include dignity, freedom of speech and association, procession participation, academic freedom, equality, and non-discrimination. She further asserted that the preservation of rights and freedoms was vital to constitutional democracy for which reason the bill was unwholesome. “That is why we are saying that today is a sad day for democracy,” she added. Anti-gay bill was passed for political reasons Audrey Gadzekpo also insisted that the anti-gay bill was passed for political reasons. “I am telling you that they have passed it not for any reason but for political reasons. Mr Sam George the Chief proponent of the bill in 2015 when his candidate John Mahama was being accused of having a friend who was a homosexual sponsoring him etc etc. Sam George is on record saying that the constitution protects those rights. “So I have to wonder why he changed his mind…What has changed? 10 years ago did he have a different morality from today, from 2021 when he proposed the bill.” “That is why I am saying there is politics. They are walking over the bodies of vulnerable people,” she stated.    

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Parliament passes anti-LGBTQ Bill

Parliament has passed the bill on Human Sexual Rights and Family Values also known as the anti-LGBTQ bill. The bill proscribes LGBT activities and criminalizes its promotion, advocacy and funding. Persons caught in the act would be subjected to a 6 months to 3 year jail term with promoters and sponsors of the act bearing a 3 to 5 year jail term. Ahead of the passage, sponsors of the Bill filed a motion for a further consideration stage of the bill. The lead sponsor, Samuel Nartey George proposed that clauses 10 and 11 of the anti-LGBT which deals with editorial policies of media firms be subjected to article 12 of the 1992 constitution which provides for the freedom of the media. The amendments were approved by the House as part of the bill. The Majority Leader, Alexander Afenyo-Markin on his part also filed a motion for clause 12 of the bill which deals with the funding of LGBT activities to be subjected to the constitution but that was negated by the House. The passage of the Bill by Parliament comes a day after the Board Chair of the Ghana Center for Democratic Development (CDD-Ghana), Professor Audrey Gadzekpo, called on President Akufo-Addo to reject the Bill. Prof. Gadzekpo argued that the bill undermines fundamental human rights protected by the Constitution, including the rights to dignity, freedom of speech and association, procession participation, academic freedom, equality, and non-discrimination. Speaking at a press conference focused on human rights and a rights-based approach to supporting sexual minorities in Ghana, Prof. Gadzekpo emphasized that upholding rights and freedoms is crucial to constitutional democracy. She warned that altering these rights could jeopardize Ghana’s democratic principles, highlighting the significance of the issue for all citizens. The Bill would now require presidential assent to come into force. President Nana Akufo-Addo has not confirmed if he would sign the bill into law. The United Nations said in 2021 that the proposed law, Human Sexual Rights and Family Values, would create “a system of state-sponsored discrimination and violence” against sexual minorities. In May 2023, Uganda signed one of the world’s toughest anti-LGBT laws, including the death penalty for “aggravated homosexuality.” Activists said it unleashed a wave of abuse and the World Bank suspended new funding to the country. citinewsroom

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Anti-LGBTQ+ Bill has constitutional issues, it’ll fail any serious test in court – Afenyo-Markin

Majority Leader Alexander Afenyo-Markin has raised constitutional concerns regarding the proposed Promotion of Proper Human Sexual Rights and Ghanaian Family Values bill, also known as the anti-LGBTQ+ bill. The Efutu MP has stressed the significant constitutional issues that need addressing before the bill can proceed. He cautioned that failure to address these concerns could render the bill legally vulnerable and subject to challenges in court. In an interview with Citi TV on Monday, February 26, Mr. Afenyo-Markin urged his fellow parliamentarians to carefully consider these issues before advancing the bill further. “I think the law in its present form has questionable constitutional issues. The law as I see it, from how I’ve seen it, cannot stand any serious test in any constitutional court. “I think that the law would have serious challenges at the Supreme Court. If it faces a constitutionality test, it will fail. Not the entire law, but aspects of it, will fail. That’s my view,” he said. Meanwhile, the Minority Caucus in Parliament has issued a firm warning against any delays in the approval process of the bill. According to the NDC MPs, they will not tolerate any attempts to hinder the bill’s progress. The bill, which secured Parliament’s approval on Thursday, February 8, stipulates a three-to-five-year jail term for those found promoting or sponsoring LGBTQ activities. Individuals caught engaging in such activities could face imprisonment ranging from six months to three years. However, during the bill’s third reading, Mr. Afenyo-Markin voiced objections to a specific provision that could lead to the incarceration of individuals involved in LGBTQ activities. His intervention halted the bill’s immediate passage, sparking a heated debate over its contentious nature. While Afenyo-Markin supports the bill’s underlying principles, he opposes the clause about the imprisonment of individuals associated with LGBTQ activities. In response to Afenyo-Markin’s concerns, the Minority Chief Whip reiterated that any further delays in the bill’s approval process would not be tolerated. Subsequently, Mr. Afenyo-Markin withdrew his objections under pressure from his colleagues. myjoyonline

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Scrutinise anti-gay bill, it’s likely to resurrect criminal libel law – Afenyo-Markin

Deputy Majority Leader, Alexander Afenyo-Markin has called for increased media scrutiny of the Anti-Gay Bill currently before Parliament. He expressed concern that the bill could inadvertently reintroduce elements of the repealed criminal libel law for journalists and media houses reporting on LGBTQ+ activities. Mr. Afenyo-Markin voiced his opposition to custodial sentences for individuals found guilty of engaging in LGBTQ+ activities. On Thursday, February 8, Parliament approved a three-to-five-year jail term for individuals who intentionally promoted or sponsored LGBTQ+ activities. Those caught in the act could face a minimum of 6 months and a maximum of 3 years in prison. During the amendment process of the bill promoting proper human sexual rights and Ghanaian family values, Mr. Afenyo-Markin argued that punitive measures would not contribute to the rehabilitation of the offenders. He expressed concern about the state of the country’s prisons and their inability to provide the necessary rehabilitation for offenders. The Effutu lawmaker proposed replacing a minimum two-month imprisonment sentence with a minimum one-month community service for individuals found guilty of LGBTQ+ activities. In an interview on Eyewitness News on Citi FM, Mr. Afenyo-Markin urged journalists to pay more attention to the bill to ensure it does not infringe upon the rights of individuals. “I do not think the media has paid due regard to this bill because it is written in ink that if a media house expresses any editorial policy on any issue regarding sexuality, that media house and its members or that media person will be jailed. If you impose custodial sentences, you are setting the country back to where, as a country, we said a journalist who errs must face civil liability instead of criminal consequences.” “We all have to be very careful and pay due attention to the issue in Parliament…And then also those journalists or media houses who may be writing their own editorials or who may be expressing views about it, or talking about it. It is not just talking about you promoting it. Just mentioning it in itself is a crime.”

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Greece legalises same-sex marriage

Greece has become the first Christian Orthodox-majority country to legalise same-sex marriage. Same-sex couples will now also be legally allowed to adopt children after Thursday’s 176-76 vote in parliament. Prime Minister Kyriakos Mitsotakis said the new law would “boldly abolish a serious inequality”. But it has divided the country, with fierce resistance led by the powerful Orthodox Church. Its supporters held a protest rally in Athens. Many displayed banners, held crosses, read prayers and sang passages from the Bible in the capital’s Syntagma Square. The head of the Orthodox Church, Archbishop Ieronymos, said the measure would “corrupt the homeland’s social cohesion”. The bill needed a simple majority to pass through the 300-member parliament. Mr Mitsotakis had championed the bill but required the support of opposition parties to get it over the line, with dozens of MPs from his centre-right governing party opposed. “People who have been invisible will finally be made visible around us, and with them, many children will finally find their rightful place,” the prime minister told parliament during a debate ahead of the vote. “The reform makes the lives of several of our fellow citizens better, without taking away anything from the lives of the many.” The vote has been welcomed by LGBTQ organisations in Greece. “This is a historic moment,” Stella Belia, the head of same-sex parents’ group Rainbow Families, told Reuters news agency. “This is a day of joy.” Fifteen of the European Union’s 27 members have already legalised same-sex marriage. It is permitted in 35 countries worldwide. Greece has until now lagged behind some of its European neighbours, largely because of opposition from the Church. It is the first country in south-eastern Europe to have marriage equality. myjoyonline

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