Professor Audrey Gadzekpo, the Board Chair of the Ghana Center for Democratic Development (CDD-Ghana), has noted that Human Rights and Family Values Bill must be scrutinised thoroughly to ensure that the rights and freedoms of Ghanaians are not infringed upon.
According to her, this is of utmost importance as the West African state is regarded as a secular state and not a country that practices theocracy.
In an interview on JoyNews’ Newsfile over the weekend, she made the statement in response to the welcoming of the bill by National Chief Imam, Sheikh Osman Nuhu Sharubutu.
“I can understand where religious people like Sheikh Shaibu and Chief Imam would be happy that there is a bill that speaks to their religious convictions. But I cannot say it enough, we are a secular state. We are not a theocracy.
Identifying yourself as same-sex attraction may be a sin, which we can all abhor. Maybe a cultural abomination to us but it is not a crime and we must make those distinctions. We need to subject it to the Supreme Court for constitutional interpretation,” she said.
A theocracy is a form of government in which religious institutions or religious leaders hold political power, and the state’s legal system is based on religious law. In a theocracy, the government is typically guided by religious principles, and religious authorities often play a significant role in shaping and enforcing laws.
Where as a secular state is a state or country that is officially neutral in matters of religion, neither supporting nor opposing any particular religious beliefs or practices. In a secular state, the government does not officially endorse any religion and treats all religions and religious groups equally under the law. This principle is often enshrined in the state’s constitution or legal framework.
But Mr Sam George, one of the proponents of the anti-LGBTQ bill thinks otherwise.
In November 2021, Mr George while addressing the Constitutional, Legal and Parliamentary Affairs Committee of Parliament stated that Ghana is not a secular state as suggested by some individuals opposing the anti-LGBTQ Bill. According to him, Ghana is a pluralistic religious state.
“Ghana is not a secular state. People have made that statement that Ghana is a secular state and we must allow it (LGBTQ). Ghana is a pluralistic religious state.
Today, before we started this meeting, you asked for a prayer. A secular state is a complete dissolution between the state and religion like France. You either ask for a Christian, Muslim or Traditional prayer.”
Meanwhile, National Chief Imam, Sheikh Osman Nuhu Sharubutu, has voiced his enthusiasm regarding the recent approval of the contentious anti-LGBTQ+ bill.
In an interview on JoyNews’ Newsfile on March 2, Sheikh Aremeyaw Shaibu, the spokesperson for the Chief Imam, expressed the Muslim community’s joy, stating that the bill would help uphold family values.
“I can say without any equivocation that the Chief Imam was relatively joyful about the passing of this bill because he has fully been briefed about what we are going through with respect to the evolvement of this LGBTQ+ phenomenon in our country and the attempt to really universalise it and make it something normal and something acceptable.
“And as somebody who is the leader of Muslims in this country, he could not actually give any support to such matter to be allowed.
“For us, it is a moral issue, it is something that also goes to the very heart of the protection of the family which in the Muslim understanding of things is the property of God. It is the smallest unit of society into which every single human being is born,” he said.
He clarified that anything that undermines the family system will not receive their support.
“Any practice that seeks to undermine the survival of the family must truly be condemned. For us, it is reprehensible, abominable, and objectionable. So Chief Imam is so happy,” he added.
As it stands now, Parliament has tabled the bill at the President’s desk for President Akufo-Addo to assent to the bill to become law.
The Anti-LGBTQ+ bill aims to criminalize LGBTQ+ activities in Ghana. It proposes strict penalties, including imprisonment, for individuals engaged in activities related to homosexuality and LGBTQ+ advocacy.
Additionally, the bill seeks to prohibit the promotion of LGBTQ+ rights, organizations, and events in Ghana.
Prior to its passage, there had been several amendments to the bill. After deliberation, Parliament decided that the minimum custodial sentence has been set at three years, with a maximum of five years for promoters and sympathisers.
Additionally, individuals caught directly engaging in these activities will face a minimum sentence of six months, extendable to a maximum of three years.
Ghana is among many African countries that are working to rid LGBTQ activities in the society. Uganda enacted one of the world’s harshest anti-gay laws in May, which calls for the death penalty for certain same-sex acts.
Following this, the country faced sanctions from international communities. The U.S. imposed a first round of visa restrictions on Ugandan officials in response to the law in June, and the World Bank halted new lending to the country in August.
The concern now is Ghana could face similar sanctions and be blocked from receiving financial aid from countries that uphold LGBTQ rights. But Parliamentarians have noted that Ghana is poised to withstand whatever pro-LGBTQ countries throw at them.