The Center for Democratic Development (CDD-Ghana) insists that the Proper Human Sexual Rights and Ghanaian Family Values Bill is not only ill-conceived but unconstitutional, and not in the best interest of the country.

In a press release addressing the bill’s passage on Wednesday, February 28, the CDD-Ghana stated that signing the bill into law would be a major setback for Ghana and its standing as a democratic society.

As such, they remain resolute in fighting the bill outside of Parliament after several attempts to have a level-headed debate about it proved futile due to the mass hysteria and fanaticism mobilised in support of the bill.

“Ghana’s democracy is not a simple majoritarian democracy where the majority can impose their will or prejudices on a minority merely because they have numbers on their side. Ours is a constitutional democracy, in which even a majority, no matter how numerous or vociferous, is restricted as to what it can and cannot do in the name of law. Importantly, our constitution protects minorities against oppression at the hands of a majority,” parts of the statement read.

“We believe that this bill passed by Parliament is a clear instance of a majority or an influential coalition of interests, acting through Parliament, to stigmatize and oppress a social minority," the civil society organisation added.

This comes after parliament unanimously passed the Anti-LGBTQ+ bill after nearly three years of deliberation.

The bill, introduced in the House years ago, was approved on Wednesday, February 28, following the completion of the third reading.

Meanwhile, CDD-Ghana noted that following the passage of the Anti-LGBTQ bill by Parliament, they believe it is time for the Supreme Court to hear and finally determine the case placed before it to determine whether or not the bill should be signed into law.

The case challenges the constitutionality of this bill, in light of the restrictions placed on Parliament under Article 108 of the Constitution. 

The provision enjoins Parliament to not enact or pass a Private Member’s bill that has the purpose or effect of imposing a charge on public funds. 

“We believe, as the suit before the Supreme Court rightfully alleges, that this bill, which, among other things, imposes penal sanctions, including years of imprisonment for a violation, is precisely the kind of Private Member’s bill that Article 108 prohibits Parliament from considering or acting upon.”

Aside from violating Article 108, CDD-Ghana also believes that the bill fails the constitutional test on multiple substantive grounds. 

“Among other things, the bill infringes on the rights of privacy, freedom of association, freedom of speech and expression, freedom of opinion, freedom of the media, and the right to equality under the law. In fact, the bill prohibits even advocacy intended to change or repeal the bill were it to become law. In other words, if this bill were to become law, no person, LGBTQ or otherwise, could advocate publicly for its repeal. Not even the Constitution of Ghana, the supreme law of the land, enjoys this untouchable status!”

The CSO advised Ghanaians and law enforcement agencies against discriminating against any person experienced to be in the LGBTQ+ spectrum, insisting that the legal status quo has not changed.

“Thus, no provision of the bill passed by Parliament may be enforced against any person, as the bill, despite having been passed by Parliament, is not law. We especially urge our law enforcement authorities to be mindful of their professional and legal obligation to enforce only the laws of Ghana and to do so without prejudice, fear, ill-will or discrimination against any person or group of persons."

"In particular, our law enforcement authorities must work to safeguard the rights of all persons, including persons suspected or accused of being LGBTQ, and ensure that people do not attack or cause harm to persons suspected or accused of being LGBTQ.”