The Ghana Center for Democratic Development (CDD-Ghana) and the Human Rights Coalition have expressed their concerns over the passage of the Human Sexual Rights and Family Values Bill by the Parliament of Ghana.
The bill, passed by a voice vote has been deemed regrettable by these organizations, highlighting the hysteria and fanaticism mobilized in its support, which they argue made level-headed debate impossible. They believe the bill is ill-conceived, unconstitutional, and not in the best interest of the nation, potentially setting a major setback for Ghana’s standing as a democratic society.
“The action of Parliament does not come as a surprise. Consequently, its passage by Parliament became politically unstoppable, particularly in a tough election year.”
CDD-Ghana and the Human Rights Coalition
Despite the bill’s passage, the organizations maintain that it does not change the legal status quo, as Parliament is only one player in the law-making process. They emphasized that the bill is still only a bill, not a law, and Parliament does not have the final say in determining whether a bill becomes law or whether that law passes constitutionality tests.
CDD-Ghana and the Human Rights Coalition argued that Ghana’s democracy is a constitutional democracy, where even a majority is restricted in what it can do in the name of law. They see the bill as a clear instance of a majority or influential coalition acting through Parliament to stigmatize and oppress a social minority.
They believe the bill’s passage opens the door for the Supreme Court to hear and finally determine the case challenging the bill’s constitutionality, especially in light of the restrictions placed on Parliament under Article 108 of the Constitution.
“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.”
CDD-Ghana and the Human Rights Coalition
The organizations also pointed out that the bill infringes on multiple rights, including privacy, freedom of association, freedom of speech and expression, freedom of opinion, freedom of the media, and the right to equality under the law. They argued that if the bill were to become law, no person, LGBTQ+ or otherwise, could advocate publicly for its repeal.
They noted that an interim injunction was previously sought from the Supreme Court to prevent Parliament from acting upon this bill while it was still making its way through Parliament, but this was denied. Now that the bill has been passed, they expect the Court to adjudicate the merits of the Article 108 case that has been pending before it for several months.
Effects of the Bill on Ghana’s Standing as a Democratic Society
The passage of the Human Sexual Rights and Family Values Bill by the Parliament of Ghana has been met with significant concern by international organizations and human rights advocates, potentially affecting Ghana’s standing as a democratic society.
The bill has been criticized for infringing upon human rights, particularly those of the LGBTQ+ community. International organizations, such as UNAIDS, have expressed their concerns over the bill’s implications for public health and human rights. They indicated that the passage of such legislation could be seen as a setback for Ghana’s efforts to uphold and promote human rights within its borders.
The group argued that the passage of the bill may also lead to international backlash, as it could be perceived as a step backward in terms of Ghana’s commitment to human rights and democratic values. This could potentially affect Ghana’s relationships with international partners and stakeholders, including donors and international organizations that support human rights and democratic governance.
Also, they pointed out that the bill’s passage could have a chilling effect on the rights of minority groups within Ghana, including the LGBTQ+ community. This could lead to increased discrimination and marginalization of these groups, potentially exacerbating social divisions and tensions within the country.
They emphasized that the bill’s passage may also impact the work of civil society organizations and NGOs in Ghana, especially those focused on human rights and LGBTQ+ rights. It could lead to increased surveillance, crackdowns, and challenges to the operations of these organizations, further stifling the voice of civil society and the ability of NGOs to advocate for change and uphold human rights principles.
The passage of the Human Sexual Rights and Family Values Bill by the Parliament of Ghana has the potential to significantly impact Ghana’s standing as a democratic society. It raises concerns about human rights, international relations, the rights of minority groups, democratic processes, and the role of civil society within the country.
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