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Ghana Parliament speaker: Harsh anti-LGBTQ bill will pass before presidential election

Advocacy group dismissed Alban Bagbin’s comment

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(Public domain photo)

Ghanaian Parliament Speaker Alban Bagbin on Oct. 28 told reporters a bill that would criminalize LGBTQ and intersex identity and allyship will pass before the next presidential election in 2024.

A cross-party group of MPs led by opposition MP Sam George, who is one of the country’s most prominent anti-LGBTQ and anti-intersex figures, first introduced the Promotion of Proper Human Sexual Rights and Ghanaian Family Values Bill in March 2021. Lawmakers in August of that year considered it for the first time.

The bill, if passed, could see Ghanaians who identify as LGBTQ or intersex sentenced up to five years in prison. The measure would also criminalize cross-dressing, public affection between two people of the same sex, marriage among same-sex couples or the intent to marry someone who is the same sex.

The measure would criminalize corrective therapy or surgery for intersex people. 

Any person or group seen as promoting identities or prohibited acts in the bill or campaigning in support of LGBTQ and intersex people would face up to 10 years in prison. Any person who does not report consensual same-sex sexual acts could also face charges.

“The sexual rights and human values Bill that is being handled by the (Constitutional, Legal and Parliamentary Affairs) Committee will be passed before the next elections. We will pass it. That will go through,” Bagbin told reporters. “When we talk about sexual rights, we are talking about things that will add value to human beings by way of creating opportunities, of creating an equal playing ground of giving some privileges and rights to each and every one of us, of removing all the restriction and hurdles to make you more free. “

“That is what we call human rights. Anything negating that cannot be a right and don’t forget that rights go with responsibilities and duties go with obligations,” added Bagbin.

Abdul-Wadud Mohammed with LGBT+ Rights Ghana dismissed Bagbin’s comments.

“The statement from the speaker isnā€™t something new. He previously mentioned the passage of the bill by the end of 2021 and that didnā€™t happen,” said Mohammed. “Clearly, this is an attempt to divert attention from the current economic situation of the country. We already know the process for which the bill has to go through before it is passed and we are nowhere near the end of the process. We are following the bill closely. However, the situation of the 2SLGBTQIA+ community in Ghana is getting worse with this bill being discussed. We as LGBT+ Rights Ghana are putting in all the work and effort in making sure the bill is not passed.”Ā 

The bill has received significant support from within Ghana, including from the Ghana Catholic Church.

The Ghana Anglican Church has described the bill as too severe. It has also been widely condemned around the world, including from NGOs and Victor Madrigal-Borloz, the independent U.N. expert on LGBTQ and intersex issues, and Archbishop of Canterbury Justin Welby.

Consensual same-sex sexual relations are currently prohibited in Ghana under the Criminal Code 1960. This provision carries a maximum penalty of three yearsā€™ imprisonment and only men are criminalized under this law.

The law was inherited from the British during the colonial period, in which the English criminal law was imposed upon Ghana. The West African country then retained the provision in its first Criminal Code upon independence, which remains in force, and continues to criminalize homosexuality today.

Daniel Itai is the Washington Blade’s Africa Correspondent.

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Africa

Lesbian South African MP named to country’s new Cabinet

Steve Letsike won a seat in the National Assembly on May 29

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Steve Letsike (Photo courtesy of Steve Letsike)

South African President Cyril Ramaphosa on Sunday appointed lesbian MP Steve Letsike to his Cabinet.

Letsike, founder of Access Chapter 2, a South African advocacy group who is a member of the African National Congress that Ramaphosa leads, will be the country’s deputy minister of women, youth, and people with disabilities.

Letsike won a seat in the South African National Assembly in national and provincial elections that took place on May 29.

The ANC lost its parliamentary majority that it had had since Nelson Mandela in 1994 won the South African presidency in the countryā€™s first post-apartheid elections. Ramaphosa on Sunday announced Letsike and other new Cabinet members after the ANC and nine other parties agreed to form a National Unity Government.

The Washington Blade has reached out to Letsike for comment.

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Congolese justice minister orders prosecutor general to arrest LGBTQ allies

Constant Mutamba issued directive on June 15, implementation unclear

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Congolese Justice Minister Constant Mutamba (Photo courtesy of Mutamba's X account)

Congolese Justice Minister Constant Mutamba has instructed his country’s prosecutor general to arrest LGBTQ allies.

The newly appointed justice minister in a June 15 communique said the prosecutor general should initiate legal proceedings against people who advocate for the LGBTQ community in Congo.

Although same-sex marriages are constitutionally prohibited, there is currently no law that criminalizes consensual same-sex sexual relations. The communique has raised a lot of eyebrows from social and LGBTQ activists who are asking on what grounds Mutamba issued the communique.

“He could have started by initiating a bill in this direction, but in the current Congolese legislation he is missing the point,” said Jean Claude Katende, a Congolese human rights activist who is the president of the African Association of Human Rights. “If he wants to repress homosexuals, he must initiate a law which must make this behavior an offense and have it punished. He will be arrested for complicity in arbitrary arrests. The constitution is clear, no one can be prosecuted for an act which does not constitute an offense.” 

Khelver Hermano, a Congolese social commentator, said the law should not be interpreted based on one person’s emotions. 

“LGBT marriage is already not applied in the DRC but the minister wants to incarcerate those who do it informally without a legal basis,” said Hermano. “The law is not interpreted according to our will.” 

“Does the penal code in the DRC recognize polygamy? Why don’t we arrest all these known polygamists?” asked Hermano. “Just as polygamists are not prosecuted, we cannot do so against LGBT people.”Ā 

Many Congolese people, however, have welcomed the communique, arguing same-sex relations are un-African and unorthodox.

Article 172 of the country’s penal code states a person “who commits a moral crime by exciting, facilitating or promoting to satisfy the passions of others, debauchery or the corruption of persons of either sex under or apparently under the age of 21 years shall be punishable by a prison term of three months to five years or a fine.” Article 176 says a person “who engages in activities against public decency shall be punishable by a prison term of eight days to three years and/or a fine.”

Although not entirely applicable, the prosecutor general can use these two penal code articles to initiate the arrests ā€” the country in recent years has seen some arrests of LGBTQ people.

The June 15 communique is not the first time Mutamba has come out against the LGBTQ community. 

Mutamba earlier this year introduced a bill that would criminalize acts of homosexuality. The proposal received widespread support, particularly on social media where many Congolese people described it as a turning point for the country and for the continent at large.

Although parliament has not formally debated the bill, activists are concerned it will pass without many major objections because most MPs have previously said they do not support the LGBTQ community. It remains unclear how the prosecutor general will executive Mutamba’s communique.

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Prominent South African activist elected to country’s parliament

Steve Letsike founded Access Chapter 2

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Steve Letsike (Photo courtesy of Steve Letsike)

A prominent South African LGBTQ activist has won a seat in the country’s parliament.

Steve Letsike, a lesbian woman who founded Access Chapter 2, a South African advocacy group, is a member of the African National Congress. She is also part of the ANC’s National Executive Committee that determines the party’s direction.

Letsike won a seat in the South African National Assembly in national and provincial elections that took place on May 29.

The ANC lost its parliamentary majority that it had had since Nelson Mandela in 1994 won the South African presidency in the country’s first post-apartheid elections. MPs earlier this month re-elected President Cyril Ramaphosa after the ANC invited the Democratic Alliance and other parties to form a Government of National Unity.

Letsike in a statement to the Washington Blade described her election as “a milestone for the people of South Africa, and also affirmative of our party’s posture that is inclusive and intention to transformation agenda.”

“I am not in parliament for myself but the people that trusted the ANC to send individuals that will put people first,” said Letsike. “In that cohort that includes the LGBTI people like myself. Rooted in the teaching of a just society, that seeks equality and believes in the rule of law. That demand on developmental agenda from a queer lens and clear priorities of the people is important.” 

“I am delighted by this task, trust and hope for our people,” she added.

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