Implications and Reactions: Should Prez. Akufo-Addo Reject the Anti-Gay Bill

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On February 28, 2024, Ghana’s Parliament approved the Promotion of Human Sexual Rights and Family Values Bill, also referred to as the anti-LGBT+ bill.

This legislation criminalizes and prohibits various activities associated with the LGBTQ+ community, including their promotion, advocacy, and funding.

Despite receiving parliamentary approval, the bill is not yet law and awaits the assent of President Akufo-Addo. According to Article 106 of Ghana’s 1992 Constitution, the president has seven days from the passage of the bill to provide assent for it to become law.

The bill specifies penalties ranging from six months to three years of imprisonment for individuals involved in prohibited acts, while sponsors and promoters may face three to five years of imprisonment.

In the event that President Akufo-Addo declines assent, the Parliament retains the authority to pass the bill into law by a two-thirds majority vote, as outlined in Section 10 of Article 106.

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Here is what the law says:

(1) The power of Parliament to make laws shall be exercised by bills passed by Parliament and assented to by the president.

(2) No bill, other than such a bill as is referred to in paragraph (a) of Article 108 of this Constitution, shall be introduced in Parliament unless –

(a) It is accompanied by an explanatory memorandum setting out in detail the policy and principles of the bill, the defects of the existing law, the remedies proposed to deal with those defects and the necessity for its introduction; and

(b) it has been published in the Gazette at least fourteen days before the date of its introduction in Parliament.

(3) A bill affecting the institution of chieftaincy shall not be introduced in Parliament without prior reference to the National House of Chiefs.

(4) Whenever a bill is read for the first time in Parliament, it shall be referred to the appropriate committee appointed under Article 103 of this Constitution, which shall examine the bill in detail and make all such inquiries in relation to it as the committee considers expedient or necessary.

(5) Where a bill has been deliberated upon by the appropriate committee, it shall be reported to Parliament.

(6) The report of the committee, together with the explanatory memorandum to the bill, shall form the basis for a full debate on the bill for its passage, with or without amendments or its rejection, by Parliament.

(7) Where a bill passed by Parliament is presented to the president for assent, he shall signify, within seven days after the presentation, to the Speaker that he assents to the bill or that he refuses to assent to the bill, unless the bill has been referred by the president to the Council of State under Article 90 of this Constitution.

The provision mentioned allows Parliament to review the bill and, if backed by a minimum of two-thirds of its members, require the president to provide assent within thirty days.

Former President John Dramani Mahama has suggested that President Akufo-Addo might refrain from giving assent to the bill due to potential financial implications for the government. This has created uncertainties regarding the final status of the bill.

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