Dr Kyeremeh Atuahene, the former Director-General of the Ghana AIDS Commission, has suggested that although the majority of Ghanaians support the Human Sexual Rights and Family Values Bill, its current framework may prove impossible to implement if enacted.
He explained that several provisions within the proposed legislation raise significant legal and practical concerns that could hinder its enforcement.
He further expressed the view that, should the President assent to the bill, it would likely face immediate challenges at the Supreme Court, potentially leading to it being struck down.
Commonly referred to as the “anti-LGBT bill,” this piece of legislation seeks to criminalise LGBTQ+ identity, advocacy, and conduct within Ghana. While a previous version was passed by Parliament in February 2024, it failed to become law at that time.
As of April 2026, the bill has been reintroduced in a new legislative session.
The proposed law targets not only individuals but also allies and organisations, imposing prison sentences of up to three years for those who identify as LGBTQ+, non-binary, or as an ally.
Furthermore, it penalises same-sex sexual intercourse with sentences ranging from two months to three years, while mandating five to ten years of imprisonment for anyone who produces, distributes, or promotes material related to LGBTQ+ activities.
This wide-reaching clause includes journalists, teachers, and human rights defenders, and even holds owners of digital platforms or physical spaces liable if their properties are used to organise or promote such activities.
Dr Atuahene warned that these specific provisions create fundamental problems for Ghanaian society.
To illustrate his point, he questioned the position of a Reverend Minister who receives a confession from a congregant struggling with their sexuality.
He noted that while a minister’s duty is to provide support and spiritual guidance, the law would technically require them to report the individual to the authorities.
He also argued that families would be placed in a state of conflict, forced to choose between shielding their relatives or reporting them to the police.
Additionally, he raised concerns regarding the freedom of the press, citing how the law might penalise a reporter simply for highlighting issues affecting LGBTQ+ persons.
“Imagine a Reverend Minister receiving confessions from church members and encountering someone who identifies as gay and wants help; what will the Reverend Minister do? Will he or she report the person to the police to be arrested? I am asking this because there is an aspect of the law which requires that such persons are reported. Beyond this scenario, families may also be conflicted because they may not be able to live with relatives who identify as gay, as they are obligated to report them. Journalists will also be affected. Imagine a gay person needing assistance and a journalist decides to highlight that story; he or she may then face the law.”
The former Commissioner argued that while same-sex relationships are already criminalised under existing Ghanaian law, any expansion of the legal framework should not be draconian.
He added that a careful reading of the bill alongside the Constitution, which guarantees the fundamental human rights of every individual, reveals serious legal contradictions.
“Same-sex activities are against our laws. We already have an existing law that criminalises same-sex activities, but if we want to expand it, you do not make the provisions draconian. When you read the law very carefully in conjunction with the Constitution that guarantees the fundamental human rights of every individual, you will gather that there are serious issues with the law.”
By: Rainbowradioonline.com/Ghana
