Ghana AIDS Commission Data and the Anti-LGBT+ Bill

“Due to homophobia and the persistent stigmatization of same-sex sexualities, men tend to hide their same-sex relationships and engage in clandestine sex while still fulfilling their prescribed gender roles. The secretive nature of these relationships puts both men and women at an increased risk for HIV transmission and infection.” (Source: Ghana AIDS Commission, Ghana Men’s Study II, 2017)

Ghana’s HIV Fact Sheet 2019, published by the Ghana AIDS Commission (GAC), shows that the commission was able to reach 22,193 men who sleep with men (MSM) with information, education, and communication (IEC) and behavioural change communication (BCC). Also, one of the conclusions from the GAC’s Ghana Men's Study II 2017 was that “the overall size estimate of MSM in Ghana is 54,759.”. This number could be much higher in 2024.

In a recent paper published by Majority Leader Alexander Kwamina Afenyo-Markin, he wrote that Ghana's prisons are currently 48% overcrowded. According to him, the prison population is 15,237 while the intended capacity is 10,265.

Per Section 4(1)(a)(i) and Section 4(1)(e) of the Human Sexual Rights and Family Values Act, 2024, all the estimated 54,759 MSM population in 2017 (which could be much higher in 2024) would commit an offence and would be liable to up to 3 years in prison.

There are two conclusions I want to draw the attention of Ghanaians to:

If Ghana’s prison capacity is 10,265 prisons, which is currently 48% overcrowded, and the Anti-LGBT+ Bill requires imprisonment of any person who either identifies as LGBT+ or actually engages in sexual intercourse with a person of the same sex, where will the state imprison the 2017 MSM population of 54,759 even if only 20% (10,952) of them get arrested and jailed?

Do you notice that even 20% of the 2017 estimated 54,759 MSM is more than the prison capacity of the country? So what were the proponents of the bill and Parliament thinking when they provided for a term of imprisonment in the bill?

Would the state have to build more prisons, or just make a prison system already overcrowded by 48% reach more than 200% overcrowding?

And how could the Speaker of Parliament not consider the financial implications of overcrowded prisons on the Consolidated Fund vis-à-vis the provisions of Article 108 of the Constitution?

Were the proponents and Parliament hoping that the Anti-LGBT+ Bill would force LGBT+ people to deny their sexuality and/or go underground? If so, then Parliament and the proponents must read again this quote from the conclusion of GAC’s GHANA MEN’S STUDY II 2017:

“Due to homophobia and the persistent stigmatization of same-sex sexualities, men tend to hide their same-sex relationships and engage in clandestine sex while still fulfilling their prescribed gender roles. The secretive nature of these relationships puts both men and women at an increased risk for HIV transmission and infection.”

Is this what the majority of Ghanaians want from the Anti-LGBT+ Bill—to put “both men and women at an increased risk for HIV transmission and infection?"