Alas! Parliament has lived up to expectations by passing the mother of all Bills in the thirty-two-year history of the Fourth Republic of Ghana. On February 28, 2024, the 8th Parliament of the Fourth Republic passed the “Human Sexual Rights and Family Values Bill” (popularly called the Anti – LGBTQI+ Bill). The President, His Excellency Nana Addo Dankwa Akufo-Addo, has to sign it (Presidential Assent) before it takes effect. This paper is intended to draw the attention of the President to the fact that over 98% of Ghanaians are expecting him to make the joy of Ghanaians full by giving his unequivocal and unflinching assent to the Human Sexual Rights and Family Values Act (hereinafter referred to as ‘the Act’). The paper further accentuates that when the President boldly signs this Act, he will be remembered as one of the greatest leaders of Ghana for the following reasons:
#1. Delivering on Presidential Promises (Oseadeeyo)
His Excellency Nana Addo Dankwa Akufo-Addo boldly signing this anti–LGBTQI+ Act will make him one of a few Presidents the world over who delivered on the major ground–breaking promises to their nations. On October 6, 2019, the President gave an assurance that “so long as he remains President, there is no way Comprehensive Sexuality Education (CSE) will be introduced into the school curricula[2].” The President of the Republic cemented his stance on LGBTQ+ matters in Asante Mampong Anglican Church when he declared that “it will not be under the presidency of Nana Addo Dankwa Akufo-Addo that same-sex marriage will be legalised in Ghana; it will never happen in my time as president[3].” This statement made over 94.4% of Ghana’s population shout for joy, applauding the President for his bold stance. 94.4% of Ghanaians cheering on the President is such an overwhelming majority that no political party will ever gamble with them for any reason. Of course, the 94.4%[4] comprises 71.3% in the Christian community, 19.9% Muslims and 3.2% traditionalists conspicuously represented by our indefatigable chiefs and custodians of our culture. I believe that 4.5% of the population professing “Other Religions[5]” will support this Act, making it 98.9% of the Ghanaian population staring at the President earnestly expecting him to sign it. The remaining 1.1% are religiously unaffiliated population[6] who are known as religious “nones.”[7]
According to 2019 Pew Research Center survey, religiously unaffiliated adults – known as religious “nones” – are more likely to express accepting views of homosexuality. By this research finding[8], and by the legal maxim ex abundanti cautela, the 1.1% of Ghana’s population – religious “nones” – have been left out; otherwise, I would hold the view that 100% of the population of Ghana support the signing of the anti – LGBTQ Act. In any case, it will not be strange to declare that the whole country supports the signing of the anti–LGBTQ Act since Parliament (both Majority and Minority), representing the entire country, unanimously passed the Bill. Thus, our President should boldly proceed to sign the Act to make the joy of the Ghanaians complete.
#2. Meeting the Expectations of Ghanaians
Article 1(1) of the 1992 Constitution provides that “[T]he Sovereignty of Ghana resides in the people of Ghana in whose name and for whose welfare the powers of government are to be exercised….”
Undoubtedly, the people of Ghana in whom sovereignty resides are represented by Parliament. In August 2023, when the Constitutional, Legal and Parliamentary Affairs Committee presented the Bill to Parliament, all the 275 members[9] unanimously agreed that the Bill be accepted for consideration. It is not surprising that on February 28, 2024, the people’s representatives unanimously passed the Act. Indeed, the unanimity of Parliament on the anti–LGBTQ Act is an explicit statement to the President that almost every Ghanaian is keenly watching and waiting for the signing of the Act to make their joy complete.
#3. Akin to the Aborigines’ Rights Protection Society of the Gold Coast
History has an interesting way of repeating itself and vigilant leaders seize the opportunity for the advantage of their people. In the Gold Coast, the British cunningly attempted to usurp our land and natural resources, but the chiefs and our forefathers resisted. In 1894 and 1897[10], the British introduced the draft Land Bills[11] in the Gold Coast intended to vest ownership of unoccupied lands, minerals and forest resources in the Queen of England. I believe that the resistance by the chiefs gave impetus to some educated sons of our land to form the Aborigines’ Rights Protection Society to resist the British annexation of the Gold Coast land. Men like John Mensah Sarbah (an astute lawyer like our President, Nana Addo), J. W. deGraft Johnson, Chief J. D. Abraham, J. P. Brown, J. W. Sey supported by Rev. S. R. B. Solomon rose to stop the British from usurping ownership of our land. But for the Aborigines’ Rights Protection Society, Ghana’s land ownership would have ended up like South Africa and Zimbabwe. Today, we look back and celebrate those chiefs and members of the ARP Society. Furthermore, in the independence struggles, the “Big Six” led their compatriots to resist oppressors’ rule to gain political independence. Nana Akufo-Addo has this bright opportunity to join these gallant leaders and sons of the soil as saviours of our nation. Indeed, if the President boldly signed this Act, he would have resisted the invasion of our cherished culture by foreign lifestyle. One day, history will be written, and Nana Addo will join his father, ex-President William Akufo Addo, and his uncle, the Doyen Joseph Boakye Danquah, to form “the Big Seven” because he, the President, will have saved our culture from the cunning invaders. In the days of ARPS and independence struggles, the Gold Coast was a colony under British rule, yet our forefathers disregarded the obvious repercussions to save our land for posterity. Will Nana Addo be brave enough like the members of ARPS and the “Big Six” to sign this Act? We humbly pray the President to join the gallant men to save Ghana.
#4. Taking a cue from Eminent Ghanaian Leaders
On November 27, 2023, our own revered Cardinal Peter Kwodwo Turkson granted an interview to the BBC HardTalk on the anti-LGBTQ+ Bill, which many thought did not go well. However, the President is humbly invited to take a cue from his statement that “foreign lifestyle should not be imposed on our culture.” Additionally, the revered Cardinal Turkson issued a statement captioned: “Let us not criminalise people for who/what they are; let us criminalise people for what they do!” The Cardinal further stated that, “I thought, therefore, that there was the need for some education, first to properly understand the phenomenon and its diverse manifestations in people; and secondly, to distinguish between the phenomenon/tendency and its manifestation in homosexual acts. While the latter can be legislated and, thus, condemned or criminalised by a community or a State, the former, the phenomenon/tendency, may not be criminalised: there are no Acts/deeds to criminalise!” (Graphic Online published December 12, 2023).
In plain words, the revered Cardinal is saying that if people think or feel like homosexuals, then they cannot be criminalised, but if they decide to manifest or practise or display that thinking or feeling in the community, then the manifestation or practice or display of the homosexual acts must be criminalised. In simple terms, our dear Cardinal says – CRIMINALISE ACTS OF HOMOSEXUALITY, NOT THE HUMAN HOMOSEXUALS. This is an explicit approval of the anti–LGTBQ+ Act because the Act does not stop anybody from homosexual feelings, but the deeds of homosexuality and aiding and abetting same within the borders of Ghana are those the anti – LGBTQ+ Act seeks to proscribe. May I state categorically that the laws of Ghana do not criminalise any human being, but the laws criminalise undesirable deeds/actions. Indeed, Article 19(2) of the Constitution of Ghana 1992 provides, “A person charged with a criminal offence shall – (c) be presumed to be innocent until he is proved or has pleaded guilty.” Clearly, the Constitution does not allow any person to be called or treated as a criminal (even if caught red-handed) unless an action constituting a crime has been proven against that person in the competent courts of law. Besides, the anti-LGBTQ+ Act seeks to do precisely as our revered Cardinal Turkson advocates, “Let us not criminalise people for who/what they are; let us criminalise people for what they do!” However, to be able to criminalise what people do, there must be a legislation creating the offences and prescribing the penalties that go with them in satisfaction of article 19(5) of the Constitution of Ghana, 1992 “[A] person shall not be charged with or held to be guilty of a criminal offence which is founded on an Act or omission that did not at the time it took place constitute an offence.” The Catholic Bishops Conference also share this view by Cardinal Turkson in their communique dated 11/12/2023, “… we can state that the draft bill on “Promotion of Proper Human Sexual Rights and Ghanaian Family Values 2021 currently in Parliament is in the right direction, as it seeks to enact laws against criminal homosexual acts.”
Similarly, the Ghana Pentecostal and Charismatic Council (GPCC), per their President, Apostle Eric Nyamekye, has continually called upon the President and Parliamentarians to collaborate to make the anti-LGBTQ+ law a reality (Daily Graphic 18/12/2023). The Christian Council and the Spokesperson of the National Chief Imam, Traditional Leaders, and eminent persons concerned with the future of our dear nation have sounded the clarion call to HE Nana Addo Dankwa Akufo-Addo to boldly sign the Act to make the joy of Ghanaians full!
#5. Shrugging off Foreign Interferences
It is likely that the International Monetary Fund (IMF) and the World Bank may attempt to apply austere measures in their dealings with Ghana due to this Act. The IMF has issued a statement indicating that they are “watching recent developments in Ghana closely,”[12] adding that they “cannot comment on a bill that has not yet been signed into law and whose economic and financial implications we have yet to assess.”[13]
In May 2023, Uganda passed their anti–LGBTQ+ Act. In December 2023, The New York Times reported that the anti–LGBTQ law was hurting the economy of Uganda because travel and trade restrictions were imposed against Uganda after passing the anti–LGBTQ+ Act[14]. The same can happen to Ghana.
In fact, it is reported that following the passing of the Act by Parliament, Ghana’s “dollar bonds experienced a decline, ranking as the second-worst performers in a Bloomberg index.”[15] We cannot ignore the possible financial stress on our economy, but we need to be balanced in our arguments. The United States of America, leading campaigns for LGBTQ, has numerous anti–LGBTQ laws, so why is Ghana being portrayed as having done the worst?
CNN reports that “at least 510 anti – LGBTQ bills were introduced in state legislatures across the United States in 2023.”[16] Nana Addo should be bold enough to shrug off the pressure from the United States because while the USA has introduced 510 anti – LGBTQ+ laws, we are modest to introduce only one. Indeed, it is on record that the Governor of Florida, Ron DeSantis, signed the “Don’t Say Gay” law that restricts teaching and discussing sexual orientation and gender identity in the classroom[17]. In 2022, twenty states in the USA enacted anti-LGBTQ laws restricting instructions and discussion of LGBTQ in schools[18]. The United States is so confused about LGBTQ matters, as captured in Pew Research finding that “Americans’ views on gender identity and transgender issues are complex and nuanced”[19]. We need to shrug off LGBTQ and related problems. The USA is unable to resolve them in their own country and should not seek to impose them on Ghana. For this and other grounds afore-mentioned, our President should be bold enough to make the joy of Ghanaians full by signing the Act.
In conclusion, history beckons our President to leave the most incredible legacy of his Presidency in that no matter how many Ghanaian youth receive free education, no matter the length of roads constructed, no matter the amount of aid from the IMF, and so on, if our culture and moral values are eroded, we cease to be Ghanaians. His Excellency Nana Addo Dankwa Akufo-Addo is the President of Ghana, a nation with a unique cultural identity. May our President cause us to remain Ghanaians and to make our joy complete by signing the Human Sexual and Family Values Act passed unanimously by the representatives of Ghanaians.
By Pastor Daniel Essuman Koomson, Esq. (dekoomson@pentvars.edu.gh)
References
Amenumey, D.E.K. (2018). Ghana A Concise History from Pre-Colonial Times to the 20th Century. Accra: Woeli Publishing Services
Choi, A. CNN. (2024) Record numbers of anti-LGBTQ bills were introduced in 2023. edition.cnn.com accessed 29/02/2024
Cole, D. & Burnside, T. CNN. (2022). DeSantis signs controversial bill restricting certain LGBTQ topics in the classroom. www.cnn.com/2022/03/28
Kenu, D. Graphic Online 07/10/2019 www.graphic.com.gh 29/02/2024
Connaughton, A. Pew Research Center. (2020). Religion & LGBTQ Acceptance, Religiously unaffiliated people more likely than those with a religion to lean left, accept homosexuality. Washington DC. USA
Hurst, K. Pew Research Center. (2022). Gender & LGBTQ, Q&A: How and why we surveyed Americans about their views on gender identity. www.pewresearch.org accessed on 01/03/2024
2021 Population and Housing Census Report www.census2021.statsghana.gov.gh accessed 28/12/2023
www.ghanaweb.com 28/12/2023
www.myjoyonline.com accessed 13/01/2024
www.norvanreports.com accessed on 01/03/2024
www.reuters.com accessed on 01/03/2024
Graphic Business. www.graphic.com accessed on 01/03/2024
[2] Reported by Daniel Kenu, Graphic Online 07/10/2019 www.graphic.com.gh 27/12/2023
[3] www.ghanaweb.com 28/12/2023
[4] 2021 Population and Housing Census Report www.census2021.statsghana.gov.gh accessed 28/12/2023
[5] Ibid.
[6] Ibid.
[7] Pew Research Center. www.pewcenter.org
[8] Aidan Connaughton. (2020). www.pewresearch.org accessed 01/03/2024
[9] www.myjoyonline.com accessed 13/02/2024
[10] Amenumey (2018). History of Ghana
[11] Ibid.
[12] www.norvanreports.com accessed on 01/03/2024
[13] Ibid.
[14] www.reuters.com accessed on 01/03/2024
[15] Graphic Business. www.graphic.com
[16] Annette Choi. CNN. www.edition.cnn.com accessed on 29/02/2024
[17] Devan Cole and Tina Burnside. CNN Reporters. www.cnn.com/2022/03/28 accessed 29/02/2024
[19] Hurst, K. Pew Research Center (2022). Gender & LGBTQ (interview of Anna Brown) accessed 01/03/2024