Ghana's parliament has passed a bill criminalizing the promotion of LGBTQ activities, The Washington Post reported. The legislation now advances to the president, who will determine whether it becomes binding law in the West African nation.

What the Bill Targets

The bill targets the promotion and advocacy of LGBTQ activities, according to the Washington Post headline. The bill's title signals a focus on public promotion, advocacy efforts, and possibly funding of LGBTQ-related expression.

Ghana's existing criminal code addresses same-sex conduct through provisions inherited from the colonial era. The new bill would extend the regulatory framework beyond conduct to cover speech, advocacy, and organizational activities. This expansion shifts the legal focus from regulating private behavior to restricting public expression and association.

Ghana's Lawmaking Process

Under Ghana's 1992 Constitution, bills passed by parliament require presidential assent to become law. The constitution gives the president several options: sign the bill, withhold assent and return it to parliament with objections, or permit the bill to become law without signature after a defined period.

If the president withholds assent, parliament may repass the bill by a two-thirds majority. In that circumstance, the president must sign the legislation. This process allows parliament to override a presidential veto.

What Changes for Practitioners

The bill's passage creates immediate compliance questions for legal professionals, NGOs, and businesses operating in Ghana:

• Criminal exposure: Individuals or organizations that promote or fund LGBTQ advocacy may face prosecution
• Media liability: Publishers, broadcasters, and online platforms face potential exposure for LGBTQ-related content
• NGO operations: Civil society organizations may need to reassess programs, funding sources, and public communications
• Corporate compliance: Multinational employers with diversity policies may need to review Ghana operations
• Healthcare provision: Medical professionals serving LGBTQ patients may face legal uncertainty

Lawyers advising clients in Ghana should immediately review internal policies, public communications, and funding arrangements.

Will the Bill Survive Constitutional Review?

The bill's compatibility with Ghana's 1992 Constitution remains untested. The constitution contains a general prohibition on discrimination, protections for freedom of expression and assembly, and provisions permitting restrictions on defined grounds.

Any legal challenge would test how courts balance these competing provisions. The bill's specific language, once published, will determine the grounds for potential litigation. Constitutional litigation could delay implementation or narrow the bill's scope.

Regional and International Context

Ghana's legislation joins similar measures enacted or proposed in other African nations. The trend has drawn responses from international human rights bodies, foreign governments, and development organizations. Several donor countries have conditioned aid or expressed concern over such legislation in other African states.

The international response could affect foreign aid commitments, diplomatic relations with Western governments, trade negotiations, and corporate ESG obligations for international companies.

What to Watch Next

Key milestones include:

1. The president's decision on assent
2. Publication of the final text in the official gazette
3. Any constitutional challenges filed in Ghana's courts
4. Implementation regulations issued by relevant ministries
5. Reactions from international partners and donors