Audrey Gadzekpo: Anti-LGBTQI Bill retrogressive and undemocratic
The former dean of the School of Information and Communication Studies at the University of Ghana believes the bill in its current state violates the fundamental rights of LGBTQI Ghanaians
- “If we want to practise democracy, we don’t always go with what the majority feel: we also must look to see whether we are protecting the minority, whether we like or not”
Professor Audrey Gadzekpo, a former dean of the School of Information and Communication Studies at the University of Ghana, Legon, has described Ghana’s anti-gay bill as retrogressive and undemocratic.
Speaking with Nana Yaa Mensah on The Asaase Breakfast Show on Wednesday (6 October), Prof Gadzekpo said: “We are pointing out that the bill is egregious because it really violates the rights of law-abiding citizens who just happen to self-identify differently from the majority.
“And you know something? That is what democracy is about; that is why those human right provisions have been enshrined in our constitution … because the framers of the constitution know that in a lot of societies, the minority [the vulnerable] always have their rights infringed.“
Professor Gadzekpo argued that passing the bill in its current state will defeat Ghana’s quest to champion democracy and the rights of its citizen.
“So, if we want to practise democracy, we don’t always go with what the majority feel: we also must look to see whether we are protecting the minority, whether we like or not.”
“Even the Pope has asked us to be compassionate. So why is it that the state wants to discriminate against them?” Prof Gadzekpo asked.
Eight sponsors
The private member’s bill on the promotion of proper human sexual relations and Ghanaian family values was initiated by eight MPs, seven of whom are from the National Democratic Congress and one from the governing New Patriotic Party (NPP).
The NDC MPs are those for Ningo-Prampram (Samuel Nartey George), Kpando (Dela Adjoa Sowah), Ho West (Emmanuel Bedzrah), Tamale North (Alhassan Sayibu Suhuyini), Krachi West (Helen Adjoa Ntoso), La Dadekotopon (Rita Naa Odoley Sowah) and South Dayi (Rockson-Nelson Dafeamekpor).
The NPP legislator who is a signatory is the MP for Assin South, Reverend John Ntim Fordjour.
Motivation: close the gap
The eight MPs say it is their ardent belief that the passage of the bill to deal with “LGBTTQQIAAP+”, as they describe it, is apt, considering the 2017 report of the Science Research Council, communicated at the fourth National HIV and Aids Research Conference in Accra, which showed that about 18.1% of people living with Aids then were gay.
On the question of advocacy and other promotional activities, they say there is currently no legislation which specifically criminalises advocacy for, funding, promotion or encouragement of LGBTTQQIAAP+ activities, except the inchoate provisions of Act 29, namely, preparation for committing certain criminal offences, abetment of a criminal offence and conspiracy.
“This gap in the law creates opportunities for advocates of LGBTTQQIAAP+ activities to sponsor and promote the proliferation of those sexual activities,” the MPs argue. “The effect of this sponsorship and promotion is that young persons are lured to assimilate otherwise unacceptable forms of sexual expression.
“Credible reports from the Coalition for Proper Human Sexual Rights and Family Values indicate instances when young persons are promised travel opportunities, allowances and other gifts to cause them to engage in or advocate LGBTTQQIAAP+.
“In some instances, young persons, mostly students in colleges, are awarded a commission for luring other young persons to join LGBTTQQIAAP+ groups,” they say.
A memorandum accompanying the bill shows that it contains 25 clauses which would be subjected to amendment during consideration by the committee to which it was referred.
Strict terms
Clause 1 of the draft bill prohibits, among other things, a person from holding himself or herself out as a lesbian, a gay man, a bisexual, a transgender person, a transsexual, queer, an ally, a pansexual or a person of any other socio-cultural notion of sex or sexual relationship that is contrary to socio-cultural notions of male and female or the relationship between male and female, as well as a person who may be questioning that person’s sexuality, among other things.
Clause 4 prohibits a person from engaging in acts which undermine the proper human sexual rights and Ghanaian family values provided for in the bill.
In particular, individuals must refrain from instigating, commanding, counselling, procuring, soliciting or purposely aiding, facilitating, encouraging or promoting, whether by a personal act or otherwise, either directly or indirectly, any activity which undermines the proper human sexual rights and Ghanaian family values stipulated in the bill.
“A person who undermines these proper human sexual rights and Ghanaian family values commits an offence and is liable, on summary conviction, to a fine of not more than 2,000 penalty units or a term of imprisonment of not less than two months and not more than four months,” the memorandum says.
Clauses 6 to 11 deal with LGBTTQQIAAP+ and related activities. Under Clause 6, a person commits an offence if he or she engages in sexual intercourse between or among persons of the same sex or between a man and an animal, or a woman and an animal.
Fred Dzakpata
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