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Politics & Governance

Ghana Criminalises LGBTQ+ Acts — Prison Terms Up to Five Years

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President John Dramani Mahama signed sweeping legislation Friday that criminalises same-sex relationships and related activity in Ghana, drawing sharp condemnation from human rights groups and deepening diplomatic tensions across West Africa. The law, passed by Parliament in February, imposes prison sentences of up to five years for anyone convicted of engaging in or promoting LGBTQ+ activity.

What the law bans

The legislation targets not only sexual acts between people of the same sex but also public displays of affection, advocacy work, and what the statute calls "promotion" of LGBTQ+ identity. Convictions carry a maximum sentence of five years imprisonment. The law also compels medical professionals to report suspected cases of same-sex conduct, effectively turning healthcare workers into informants. NGOs working on HIV prevention and sexual health programmes say the legislation has already forced them to suspend outreach activities in Accra and Kumasi.

Communities react with fear

LGBTQ+ advocacy groups operating in Ghana say their members are in hiding. "People are panicking," said a spokesperson for the LGBT+ Rights Ghana organisation, speaking on condition of anonymity. "We have had to close our offices. Many of our volunteers have left the country." The Safe Space Foundation, a Accra-based group, confirmed that its counselling services have been suspended indefinitely. In Tamale, northern Ghana, community leaders reported that families were pressuring relatives to hide their sexual orientation, fearing arrest under the new statute.

Impact on health services

The law creates serious complications for Ghana's HIV response.UNAIDS data shows Ghana has one of West Africa's higher HIV prevalence rates, with key populations including men who have sex with men accounting for a disproportionate share of new infections. Health workers at the Tema General Hospital told reporters they were struggling to determine how the new reporting requirements interact with doctor-patient confidentiality rules. The National AIDS Control Programme has yet to issue formal guidance.

Why Mahama's government took this step

President Mahama, who took office in January, campaigned on a platform that included stricter enforcement of existing laws against same-sex conduct. Theadministration has framed the legislation as necessary to protect Ghanaian culture and family structures. In a statement released from the Presidency, Mahama said the law reflected "the will of the Ghanaian people." The bill received bipartisan support in Parliament, with 275 lawmakers voting in favour and 32 against. Critics, however, note that public hearings were limited and civil society groups were given only seven days to submit responses.

Regional implications for West Africa

The legislation places Ghana alongside Nigeria and Uganda as African nations with some of the continent's strictest anti-LGBTQ+ laws. Nigeria's Same Sex Marriage Prohibition Act imposes sentences of up to 14 years, while Uganda's 2023 law carries the death penalty in certain circumstances. Human Rights Watch researcher Fatima Diallo said the trend was concerning. "What we are seeing is a regional race to the bottom," she said. "Leaders are using these laws to score political points while vulnerable people pay the real price." The Economic Community of West African States has not issued a formal response to the Ghanaian law.

International pressure mounts

The United States State Department said it was "reviewing the implications" of the legislation. The UK Foreign Office summoned Ghana's High Commissioner in London for consultations. The European Union delegation to Ghana issued a statement expressing concern and warning that the law could affect development assistance programmes. Ghana receives approximately $700 million annually in international development aid. The World Bank has not commented publicly. Several European embassies in Accra have updated their travel advisories to warn LGBTQ+ travellers about the new criminal provisions.

What happens next

Human rights lawyers are preparing a legal challenge to the legislation, arguing it violates Ghana's 1992 Constitution. The case is expected to reach the Supreme Court within months. Activists say they are documenting cases of harassment and unlawful detention while they await a judicial ruling. The African Commission on Human and Peoples' Rights could also be asked to intervene. Development organisations working in Ghana are watching closely to see whether major donors will condition aid on human rights commitments. The next Parliamentary session resumes in October, when opposition lawmakers have said they will attempt to introduce amendments.

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