A Homophobe’s Dream: Newly Proposed Bill in Ghana Increases Criminalization for the LGBTQ+ Community

On January 31 2021, an LGBTQ+ advocacy resource center in Accra, Ghana opened. Delegates from the European Union and the Danish Ambassador to Ghana attended to show their support. This was a major step for acceptance of the LGBTQ+ community in Ghana because of the historically massive homophobia presented to the community. In fact, citizens have equated the LGBTQ+ community to cancer and being "Un-African," so this introduction was a major leap for equality. However, these advocates would have never expected the opening of this center to be the spark of a proposed bill to criminalize the LGBTQ+ community more than they already are in Ghana.

In June 2021, Ghana’s Parliament proposed a Bill entitled “The Promotion of Proper Human Sexual Rights and Ghanaian Family Values Bill 2021.” This Bill not only called for this resource center to be shut down, but also called for LGBTQ+ “activities” to be punished since they are not in accord “with the sociocultural values of any ethnic group in Ghana.” 

Currently, being LGBTQ+ in Ghana is punishable up to 3 years in prison. Additionally, there is a lot of opposition to the LGBTQ+ community. In fact, in 2013, when citizens of Ghana were asked “should society accept homosexuality?” 96% said that society should not, which was ranked #36 out of the 39 countries surveyed, as seen by the image below.

Image source: https://www.equaldex.com/surveys/pew-global-attitudes-on-homosexuality-2013 

There are no protections for the LGBTQ+ community in Ghana. In fact, it is often encouraged in the media and religious and political leaders for citizens to incite physical and violent homophobic attacks against them.

As if this isn’t enough, the proposed Bill causes not only members of the LGBTQ+ community, but also advocates, to be punished up to 10 years in prison. Some of the main points of the Bill are:

1. Advocating for their rights through speech, printed material, or other means could result in a prison sentence up to a decade. 

2. Same-sex marriage could lead to a prison sentence of between 1-3 years.

3. Same-sex adoption is prohibited due to the fact that same-sex couples will “groom” the children.

4. There is a ban on gender-affirming surgery, unless it is to “correct” intersex individuals.

5. Gross indecency, including cross-dressing and public displays of same-sex affection, will result in a jail sentence between 6 months to a year.

6. Someone who undermines the “proper” sexual rights and Ghanian family values is confined to a fine of 2,000 penalty units or a prison sentence between 2-4 months

7. Journalists cannot produce content seen to be sympathetic to the LGBTQ+ community and advocate against conversion therapy otherwise they will receive a prison sentence between 5-10 years.

The full Bill can be found here.

Although a vote has yet to be scheduled on the Bill, there is wide support among Anglican bishops and parliamentarians, especially from President Nana Addo Dankwa Akufo-Addo’s New Patriotic Party. But there is a major pushback by the LGBTQ+ community and advocates. Activist groups in Ghana have stated that this Bill is a setback for human rights and have called on Akufo-Addo to reject it. Additionally, they have taken to social media to raise public awareness of the bill’s dangers. They have organized demonstrations in major cities and online, calling for legal protections for the LGBT community in Ghana, by using hashtags #killthehatebill and #QueerGhanaianLivesMatter. Website found here.

Image source: https://www.africanews.com/2021/10/29/ghana-s-law-curbing-lgbt-rights-sparks-anglican-church-rift/

Will Ghana pass this Bill and set back rights for the LGBTQ+ community even further, or will advocates be able to push for dismissal?

References

Avery, D. (2021). Ghana poised to vote on ‘worst anti-LGBTQ bill ever,’ advocates warn. Retrieved 6 February 2022, from https://www.nbcnews.com/nbc-out/out-news/ghana-poised-vote-worst-anti-lgbtq-bill-ever-advocates-warn-rcna1545

Cabinet Memorandum. (2021). Promotion of Proper Human Sexual Rights and Ghanaian Family Values Bill: Memorandum.

Ghana's law curbing LGBT rights sparks Anglican church rift | Africanews. (2021). Retrieved 5 February 2022, from https://www.africanews.com/2021/10/29/ghana-s-law-curbing-lgbt-rights-sparks-anglican-church-rift/

Gyamerah, A., & Hutchful, A. (2022). Ghana's Proposed Hate Bill Threatens Safety, Livelihood, and the Health of LGBTQI+ People | Think Global Health. Retrieved 6 February 2022, from https://www.thinkglobalhealth.org/article/ghanas-proposed-hate-bill-threatens-safety-livelihood-and-health-lgbtqi-people

Gyasi-Gyamerah, A., Amissah, C., & Danquah, S. (2019). Changing Attitudes toward Homosexuality in Ghana: The Power of Attributional Discourse. SAGE Open, 9(2), 215824401985671. doi: 10.1177/2158244019856712

Ibukun, Y. (2021). Ghana’s Anti-LGBTQ Bill Risks Hurting Its Democratic Credentials. Retrieved 5 February 2022, from https://www.bloomberg.com/news/articles/2021-12-02/ghana-s-anti-lgbtq-bill-risks-hurting-its-democratic-credentials

"Should society accept homosexuality?" (2013) | Surveys | Equaldex. (2013). Retrieved 5 February 2022, from https://www.equaldex.com/surveys/pew-global-attitudes-on-homosexuality-2013

Unknown (2021). Supporters and opponents face off over Ghana's anti-LGBT law. Retrieved 6 February 2022, from https://www.reuters.com/world/africa/ghana-parliament-begins-public-hearings-anti-lgbt-law-2021-11-11/

Important for LGBTQ+: PAST

---------------------------        "The Sexual Offences Act 1967 decriminalised private, consensual 'homosexual acts' between persons aged 21 and over in England" (A history of LGBT criminalisation).

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image source: https://blog.nationalarchives.gov.uk/1967-sexual-offences-act-50-years-lgbt-history/

It is a good news that England finally decriminlize the homosexual activities in 1967, which displayed one of successes in LGBT right movement. People finally near to the equality that they want and they have the right to have homosexual activities legally. Are these your first thoughts when you look at the above information related to Sexual Offences Act 1967?

However, you could find a serious problem if you think on a deeper level. The England decriminalise homosexual activities in 1967, and right now it is 2022. Only 55 years have passed. This message underlying that many people still live with criminal records related to homosexuality right now. Due to the criminal records, people couldn't pass the bar and they couldn't be in many professions, which definitely brought a negative influence to their lives (Who was at stonewall?). Even for dead people who contribute to the world, their reputation was tarnished due to their sexual orientation, such as Alan Turing.

Is this what they deserve? 

The United Kingdom used their action as the response to this question. 

In January 4th, 2022, the UK home secretary announce that "any conviction that was imposed on someone purely due to consensual homosexual activity under now-abolished laws will be included in a scheme aimed at 'righting the wrongs of the past'” (Past convictions 2022). This means people who were convicted under these now-scrapped laws can apply to wipe their criminal record without being required to disclose it.

Michael Cashman, a member of Britain's upper house of parliament, said "It's very important that the state recognises that as a country we did something that was wholly wrong and inappropriate"(Britain pardons all men). The parliament of the United Kingdom decided to righting the wrongs of the past, becuase they realize that they have duty to expunge the damage these laws have placed on the reputations of homosexuals and let these people can live without criminal records.

The action of the United Kingdom definitely help the homosexual and bisexual people who are struggleing to find job due to the criminal records to actually have ability to find job and let people rehabilitate their reputation. Also, the action spread the idea that the discrimiation against the homosexual is not acceptable.



Comparing to the other country, the United Kingdom is not the only country to wipe the records of conviction of homosexual activites. In 2008, Australia allowed to expunge past homosexual offenses; In California, LGBTQ also be pardoned (U.K. expands 'Turing's law' 2022). In addition, Germany, New Zealand, the Australian states of New South Wales, Victoria and South Australia, all have similar actions (Wright, 2018).

The situation of gay right seems great from these countries' action. However, what is the truth?

image source: https://www.fandmglobalbarometers.org/results/

In 2019, many countries in the still fail the grading of gay right, which indicates there is still a long way to go in the pursuit of gay rights. But for the most important part: people not only need to focus on the LGBTQ right present or future, but people also need to pay attention to the past.

References

Britain pardons all men convicted under historical laws that criminalised being gay. (n.d.). Retrieved February 03, 2022, from https://www.globalcitizen.org/en/content/britain-pardons-all-men-gay-same-sex-laws/

A history of LGBT criminalisation. (n.d.). Retrieved February 03, 2022, from https://www.humandignitytrust.org/lgbt-the-law/a-history-of-criminalisation/

Past convictions for homosexual activity to be wiped from records, Patel to announce. (2022, January 04). Retrieved February 03, 2022, from https://www.theguardian.com/world/2022/jan/04/past-convictions-for-homosexual-activity-to-be-wiped-from-records-patel-to-announce

U.K. expands 'Turing's law' to pardon past same-sex convictions. (2022, January 05). Retrieved February 03, 2022, from https://www.nbcnews.com/nbc-out/out-news/uk-expands-turings-law-pardon-sex-convictions-rcna11054

Who was at stonewall? (n.d.). Retrieved from https://www.pbs.org/wgbh/americanexperience/features/stonewall-participants/

Wright, L. (2018, April 04). New Zealand passes law to clear historical gay sex convictions. Retrieved February 03, 2022, from https://www.wusa9.com/article/news/nation-now/new-zealand-passes-law-to-clear-historical-gay-sex-convictions/465-7766658e-971f-4a0c-958d-e9f1dd694223

(Not so) Hidden Hatred in our Neighborhood?

The culture wars are alive and well in our neighborhood. In fact, I would suggest they have taken on a new urgency. A small borough, tucked away in South central Pennsylvania, just voted to revoke an LGBTQ inclusive law. The Republican dominated Chambersburg borough council voted  7-3 to repeal protections from discrimination based on sexual orientation, gender identity and ethnicity. Those in support of repealing the ordinance referenced unnecessary and perhaps unfair  "special protections" for this group. It rings of the past association of "gay rights" with "special rights". 

The latest fight to score political points and divide our society targets LGBTQ people. 

But what protections do LGBTQ people actually have in the United States in 2022? What protections do they have in the state of Pennsylvania? A great resource for finding more information on existing protections can be found on the M.A.P. (Movement Advancement Project) website available here. 

The data shows us that Pennsylvania, an "at will employer state" only receives a grade of "fair". Pennsylvania can also be compared with other states in the United States available here. As noted in the M.A.P methodology, this grade only grades on existing legislation (which will be lower since Chambersburg repealed their protections) and not the actual climate or how LGBTQ people are treated.

It is truly unfortunate that some of the most vulnerable within our society are being targeted and set up for further discrimination not less. 

So perhaps Chambersburg new sign should read, Chambersburg Welcomes You....Unless you are LGBTQ....

                                            Image Source: Shutterstock.com 351554303

                                        Image Source:  ACLU, available at; https://www.aclu.org/blog/lgbtq-rights/lgbtq-nondiscrimination-protections/its-always-been-about-discrimination-lgbt 

Transgender people are some of the most persecuted people in the World

2021 marked a new record. Not a good one. Certainly not one that anyone should be proud of. You see, 2021 was the deadliest year on record for transgender Americans. At least 45 transgender individuals were murdered in "horrifying acts of violence". These were just the murders reported. A recent report by the Williams Institute documented that transgender people are over four times more likely than cisgender people to be victims of violent crime. 

Violence and murder against transgender individuals is not new. What is disturbing about this new trend in the US, however, is that over 100 anti-trans bills were proposed by lawmakers across 37 states. I'd like to say that this is just a problem with the United States, but it sadly, is not. 

The global data from our Franklin & Marshall College Global Barometer of Transgender Rights (GBTR) suggests that 72 percent of countries in the world are persecuting of the human rights of  transgender people. Only 4 percent of countries are protecting of the human rights of transgender people. 

2019 GBTR Country Distribution by Category

                        Source: F&M Global Barometers, available at fandmglobalbarometers.org

The United States, in fact, receives a failing grade when it comes to the protection of the human rights of transgender people.

                                2019 Global Barometer of Transgender Rights World Map

                

                        Source: F&M Global Barometers, available at fandmglobalbarometers.org 

The most protecting countries in the world for transgender people are Denmark, Norway and Uruguay. The most persecuting: Malaysia, South Sudan, Syria and Uzbekistan. Western Europe is the most rights-protecting region while the Middle East/Northern Africa is the most persecuting. 

                                Source: F&M Global Barometers, fandmglobalbarometers.org 

There is hope, however. The GBTR mean score for all countries (204 measured) rose from 40.8 in 2011 to 45.8 in 2019. However, there is a long way to go before transgender people are afforded the same human rights protections as their cis-gender citizens. Let's hope that 2022 will ring in a new year for greater transgender human rights protections rather than less.