John Dramani Mahama, President of Ghana is listening during the session ‘Africa’s Next Billion’ at the Annual Meeting 2014 of the World Economic Forum at the congress centre in Davos, January 22, 2014. Image Credit: World Economic Forum
What lawmakers approved
The legislation, formally titled the Human Sexual Rights and Family Values Bill, was adopted in parliament on May 29 after a voice vote and support from the chamber’s Constitutional, Legal and Parliamentary Affairs Committee. Reuters reports that the bill retains a maximum penalty of three years’ imprisonment for same‑sex sexual relations and for people who “identify as” LGBTQ.
It also goes significantly further than Ghana’s existing colonial‑era law, which already criminalizes “unnatural carnal knowledge.” Under the new bill:
- Anyone who “promotes, sponsors, funds or advocates” LGBTQ activities can face up to 10 years in prison, according to drafts cited by the Associated Press, the Washington Post and Deutsche Welle.
- People who publicly “hold themselves out” as LGBTQ or as “allies” of LGBTQ people risk up to three years’ imprisonment.
- Operating a brothel for “prohibited sexual conduct” carries a penalty of up to five years behind bars.
- Citizens are placed under a legal duty to report suspected LGBTQ activity to police or other authorities, with failure to do so itself punishable by up to three years in prison.
The law also directs state regulators and media owners to curb content deemed to “promote” LGBTQ issues, including on social media, effectively obliging broadcasters and platforms to police speech about gender identity and sexual orientation.
A revived bill with exemptions, and wider reach
Friday’s vote marks the second time Ghana’s parliament has passed a version of this measure. Lawmakers first approved an earlier draft in 2024, but it lapsed after then‑president Nana Akufo‑Addo declined to sign it before his term ended.
Human Rights Watch notes that the bill, which originates from a 2021 proposal, was reintroduced in February 2026 with some adjustments, including limited exemptions for certain professional groups. The version passed this week:
- Maintains criminal penalties for LGBTQ people, allies, and organizations.
- Creates narrow carve‑outs for lawyers, journalists, and health workers, allowing them to provide legal representation, report news and offer medical care to LGBTQ people without being prosecuted, according to DW and AP.
- Classifies offenses under the new law as extraditable, meaning Ghanaians abroad could theoretically be sent back to face charges, Reuters reports.
Even with these exemptions, advocacy groups say the bill’s reach is unprecedented. OutRight International’s legal brief argues that it explicitly criminalizes LGBTQ identity for the first time and would effectively dismantle every LGBTQ organization in the country by banning funding, registration and operations.
Supporters invoke faith and “family values”
The bill has been pushed hard by an alliance of Christian, Muslim, and traditional leaders, who say it defends Ghana’s “moral fabric” against what they describe as Western cultural imports. AP reports that religious groups have organized rallies in support of the measure and lobbied parliament to act after a previous attempt stalled.
Bernard Ahiafor, first deputy speaker and chair of parliament’s legal committee, told reporters that the bill is about “upholding proper human sexual rights and Ghanaian family values,” echoing the language of its title. In interviews highlighted by Ghanaian state broadcaster GBC and Instagram clips shared by local outlets, pro‑bill lawmakers insist the law will “protect children” and “safeguard LGBTQ+ health and safety from discrimination and violence” by preventing “immoral” behavior, claims that have been greeted with skepticism by rights groups.
Some MPs also frame the bill as a democratic expression of popular will. Surveys have long suggested strong public opposition to homosexuality in Ghana, and legislators have argued that their constituents expect them to resist international pressure on LGBTQ rights.
Rights groups warn of “draconian” repression
Human Rights Watch describes the bill as “draconian,” warning that it jeopardizes basic rights to privacy, expression, association and non‑discrimination for LGBTQ Ghanaians and their allies. Amnesty International, in an earlier statement on the draft, said the measure “stirs up hatred, persecution and discrimination” and should be withdrawn.
A detailed brief by OutRight International says the law would:
- Make it a crime simply to “hold out as” LGBTQ or an ally, effectively turning “the mere existence of LGBTQ individuals” into a punishable offense.
- Force civil‑society groups providing health services, legal aid, or emergency support to queer people to close, with staff and donors facing up to five years in prison.
- Compel media owners and tech platforms to police content that might “evoke the interest of the child” in non‑heterosexual identities, with those found guilty of “LGBTQ propaganda” facing at least six years in prison.
The Washington Post notes that rights advocates fear the law will incentivize “forced outing”, as neighbors, colleagues and even family members may feel obliged to report suspected LGBTQ people to avoid prosecution themselves.
Internationally, the bill is expected to attract scrutiny from the United Nations, the African Commission on Human and Peoples’ Rights and Western donors who have warned Ghana in the past about laws that contravene its treaty obligations.
Regional context: part of a wider anti‑LGBTQ wave
Ghana’s move comes amid a broader tightening of anti‑LGBTQ legislation across parts of Africa. Reuters notes that the bill aligns Ghana with countries including Uganda, which adopted a harsh anti‑LGBTQ law in 2023, and others in West and Central Africa that have recently toughened penalties or broadened bans on advocacy.
Same‑sex relations remain criminalized in more than half of African states, often under colonial‑era “unnatural offences” codes, and political leaders have sometimes used anti‑LGBTQ rhetoric to mobilize support or deflect from economic and governance pressures.
In Ghana, human rights organizations argue that the new bill goes further by criminalizing not only conduct but identity and solidarity, and by formalizing a civic obligation to inform on LGBTQ people, which they say risks deepening fear and social division.
What happens next
The bill now goes to President John Dramani Mahama, whose signature is required for it to become law. AP and Bloomberg report that Mahama is widely expected to sign, given his past statements and the strong parliamentary backing, though his office has not yet announced a final decision.
Ghana’s constitution does allow for judicial review; legal scholars and rights groups have signaled they may challenge the law in court on the grounds that it violates fundamental rights protections. However, such cases could take years, and in the meantime, activists warn, the mere existence of the law is likely to embolden harassment and violence against LGBTQ people.
For Ghana’s LGBTQ community, many of whom had already been operating underground, the passage of the bill in parliament marks a moment of heightened risk. Some groups are preparing to shut offices, move staff, or shift to informal support networks; others say they will continue to fight the law domestically and internationally.
As one Ghanaian activist told the BBC’s Africa service, “They have passed a law that tells us we do not exist, but we are here. The question is whether the world will stand by as our own country turns us into criminals for who we are.”