By Clement Akoloh – Parliamentary Affairs Analyst & Development Communications Practitioner
Just days ago, Ghana’s Parliament passed the Human Sexual Rights and Family Values Bill, popularly known as the Anti-LGBTQ+ Bill, into law. The passage was record time. The NDC-led Majority under Mahama Ayariga moved “with the swiftness of light” through all stages. The NPP-led Minority under Afenyo Markin watched in frustration.
The bill enjoys strong public support according to Afrobarometer. Parliament has dispensed its duty. But the optics and political framing by our two main parties, both now and in the 8th Parliament, leave much to be desired. What we witnessed was less legislation and more choreography.
The flip-flop is the story
While Majority Leader Mahama Ayariga touts that his side has fulfilled a campaign promise, Minority Leader Afenyo Markin is technically “in support” yet openly unhappy. The Minority accuses the Majority of masterminding a “diluted” bill, materially different from the version NPP passed in the 8th Parliament but failed to secure presidential assent for.
The Majority’s defense is constitutional: Amendments were necessary to fix clauses that infringed on fundamental human rights of doctors, lawyers, journalists, and institutions that must provide essential services regardless of personal beliefs.
That defense holds water. The 8th Parliament bill stalled because of two Supreme Court suits arguing it violated Articles 12, 17, and 21 of the Constitution. The amended 9th Parliament version deletes 9(d), narrows 9(e) to “corrective surgical only”, and keeps exemptions for medical care and legal advice. Without those fixes, the law would have been strong on paper but dead in hospitals and courtrooms.
The crust of the issue: Incentives, not principles
This political dance is too familiar. Both NPP and NDC have proven inconsistent, driven by partisan optics rather than policy principle.
Not long ago in the 8th Parliament, when NPP was Majority, Afenyo Markin’s group was laquadaiskal towards passage. They passed the bill but failed to secure President Akufo-Addo’s assent before Parliament lapsed. Now in opposition, led by Hon. Ntim Fordjour, the NPP is pushing for “certificate of urgency” passage. Yet when the NDC Majority showed that same urgency, the same MP held a press conference to dissociate from the exercise, claiming the bill is “watered down”.
The now-Majority NDC Caucus did the same in reverse. In opposition, they demanded passage of the “full bill with all clauses”. In government, they amended those same clauses for constitutionality.
At the start of the 9th Parliament, Mahama Ayariga rejected reintroduction, arguing “government is continuum” and President Mahama should just assent to the 8th Parliament bill. Speaker Bagbin ruled contrary: the bill had lapsed and needed fresh introduction. So reintroduction and amendment became inevitable.
Dilution vs Workability
For me, the “dilution” argument doesn’t hold water. The amended bill still largely proscribes the very acts it sought to ban. The core mischief remains intact.
What the amendments did was remove the mischief that could have stalled smooth implementation: jailing doctors for treating patients, criminalizing journalists for reporting, and collapsing public health programs. A law that cannot be enforced helps no one.
The Akufo-Addo government could have been smarter in 2024. Instead of withholding assent “because of court issues”, he should have assented and let the Supreme Court decide, or amended then. That posture cost NPP political credit and handed NDC the delivery moment.
What next
With assent expected once the bill reaches President Mahama’s desk, the political blame game will continue. The Minority will certainly keep accusing the Majority of “dilution” to score 2028 points. The Majority will claim they delivered a constitutionally sound law where NPP failed.
But Parliament’s partisan theater is over. The real test begins now: enforcement by police, interpretation by doctors and judges, and judgment by the Supreme Court.
The bill is passed. Principles, however, remain on recess.
Source: parliamentnews360.com
