Ghana’s Human Sexual Rights and Family Values Bill and Uganda’s Anti-Homosexuality Act are often discussed together because both seek to restrict LGBTQ activities.
However, there are important differences in their provisions, penalties, and the legal challenges they have faced.
WHAT DOES GHANA’S BILL SAY?
Ghana’s Human Sexual Rights and Family Values Bill, popularly known as the anti-LGBTQ+ Bill, has become one of the most controversial and perhaps “emotional” pieces of legislation in Ghana’s recent history.
The anti-LGBTQ bill primarily seeks to criminalise same-sex sexual relations, ban the promotion, sponsorship, and funding of LGBTQ+ activities, void certain marriages involving same-sex couples or persons who have undergone gender reassignment procedures, and prohibit the formation and operation of LGBTQ+ organisations.
The previous bill passed in February 2024 was not assented to by former President Nana Akufo-Addo due to pending legal challenges and concerns about its implications.
The reintroduced Bill in 2025 however retained most of the provisions and introduced some amendments. Individuals found engaging in same-sex acts could face up to three years imprisonment.
WHAT DOES UGANDA’S LAW SAY?
Uganda’s Anti-Homosexuality Act, signed into law by President Yoweri Museveni in May 2023, is widely regarded as one of the toughest anti-LGBTQ laws in the world. The law imposes life imprisonment for homosexual acts and introduces the offence of “aggravated homosexuality,” which carries the death penalty. The law also criminalises the promotion of homosexuality, with penalties of up to 20 years in prison.
KEY DIFFERENCES IN SANCTIONS
It is however important to note that, Ghana’s legislation is primarily a criminalisation law, while Uganda’s law goes much further by introducing life imprisonment and the death penalty for certain offences, hence the most significant difference lies in the severity of punishment.
• Ghana’s bill imposes prison sentences, generally ranging from a few years for same-sex relations and promotion-related offences. There is no death penalty provision.
• Uganda’s law includes life imprisonment for same-sex relations and the death penalty for what it defines as aggravated homosexuality. It also prescribes lengthy prison terms for promotion-related offences.
LEGAL CHALLENGES IN GHANA
Ghana’s bill has faced multiple legal challenges during its introduction. Following its passage in Parliament in 2024, several lawsuits were filed at the Supreme Court challenging both the constitutionality of the bill and the legislative process used to pass it. Broadcast Journalist, Richard Dela Sky and Researcher at the University of Cape Coast, Dr. Amanda Odoi separately filed two suits challenging the constitutionality of the bill.
The litigation delayed presidential assent. Parliament subsequently reintroduced and passed a new version in 2026 but it is likely to face the same fate because 24 hours after its passage Speaker of Ghana’s parliament, Alban Bagbin raised issues surrounding procedural breaches and the need to reconsider the passage.
A section of Ghanaians have also raised concerns about President Mahama’s skepticism during a QnA session with the media at Chattham House while others have defended his stance as due process.
LEGAL CHALLENGES IN UGANDA
Uganda’s law was challenged shortly after it came into force. In 2024, the Constitutional court unanimously nullified an earlier version of the Anti-Homosexuality Act on procedural grounds (lack of parliamentary quorum), the 2023 law survived this challenge.
Prominent human rights activists like Frank Mugisha and organisations like Chapter Four Uganda also filed an appeal with the Supreme Court, Uganda’s highest appellate. They raised 17 grounds of appeal, contesting the Court to invalidate the act.
THE BOTTOM LINE
While both Ghana and Uganda have pursued legislation aimed at restricting LGBTQ activities, Uganda’s law is considerably harsher. Ghana’s legislation relies on prison terms and restrictions on advocacy and funding, whereas Uganda’s law includes life imprisonment and the death penalty.
Eventhough Ghana’s bill has been delayed largely through court actions and procedural concerns, Uganda’s law survived a constitutional challenge and remains largely in force despite the removal of a few provisions.
