Current Anti-LGBTQ+ Bill Better Drafted Than Previous Version — Lawyer
Private legal practitioner, Nicholas Osei Darkwa, has described the current anti-LGBTQ+ bill passed by Parliament as better drafted, more specific, and less vulnerable to constitutional challenges than the previous version.
Speaking in an interview with Opemsuo Radio’s Kofi Boakye on Nkwantannanso, he said the current bill addresses several concerns that were raised about the earlier draft, particularly provisions that critics argued were too broad and open to multiple interpretations.
“If you compare the current anti-LGBTQ+ bill with the previous one, you will notice that the new bill has been refined considerably,” he stated.
According to Mr. Darkwa, one of the most controversial aspects of the previous bill, relating to the subversion of public values, has been removed entirely in the current version.
He explained that the earlier bill contained provisions whose scope could be interpreted broadly, making them susceptible to constitutional challenges.
“The current bill narrows the scope and is more specific in its provisions,” he noted.
Mr. Darkwa added, however, that some of the conduct addressed in the earlier bill remains covered under the new legislation, but in a more controlled and clearly defined manner.
He further observed that the drafting style of the current bill follows Ghana’s legislative conventions more closely and is written in clearer language.
According to him, former President Nana Addo Dankwa Akufo-Addo had raised similar concerns about the earlier bill, warning that it could face significant constitutional challenges and most of the concerns have been addressed in the new bill passed.
Despite the improvements, the lawyer said some loopholes could still be identified in the current version.
Touching on the broader debate, Mr. Darkwa noted that issues relating to LGBTQ+ activities have existed for years but were viewed as private matters between individuals.
He argued that public debate intensified when advocacy groups began openly promoting LGBTQ+ rights and framing them as human rights issues, while concerns were also raised about possible influences on educational policies.
Mr. Osei Darkwa maintained that if political partisanship is set aside, the current bill presents a stronger legal framework, particularly from a prosecutorial perspective.
He explained that the bill contains clearer and more comprehensive definitions, reducing the need to rely on external sources for interpretation.
“For instance, terms such as ‘bisexual’ are defined within the bill itself, eliminating the need to rely on external materials for interpretation,” he stated.
He rejected claims that the current bill weakens provisions relating to advocacy and promotion of LGBTQ+ activities, arguing that such conduct remains addressed under the legislation, albeit within a narrower and more clearly defined scope.
According to him, the bill’s more direct drafting style is one of its strongest features and could improve its effectiveness if enacted into law.
