Ghana’s Parliament has passed a far-reaching law that criminalises the promotion of LGBTQ+ activities as well as identifying as lesbian, gay, bisexual, transgender or queer. Although the legislation had already been approved several years ago, it was never signed by the then President Nana Akufo-Addo and therefore never entered into force. Members of Parliament have now revived the bill, and the current President John Mahama has indicated that he will give his approval.

Same-sex relationships had already been prohibited in Ghana under British colonial law, although the ban was rarely enforced. The new legislation significantly broadens criminal liability and is aimed at penalising both LGBTQ+ people and those who support them. Under the new law, identifying as lesbian, gay, bisexual, transgender or queer could be punished with prison sentences of up to three years, while those found guilty of “promoting, disseminating, supporting or financing” LGBTQ+-related activities could face up to ten years’ imprisonment. The legislation also contains provisions requiring the reporting of people suspected of being LGBTQ+.

Against this background, it is particularly problematic that Germany classifies Ghana and Senegal—which has passed similar restrictive legislation—as safe countries of origin. This results in accelerated asylum procedures, fewer procedural rights and a greater burden on applicants to prove that they are at risk. PRO ASYL argues that the designation of Ghana and Senegal as “safe countries of origin” has long ceased to reflect the reality on the ground, as demonstrated by the recent anti-LGBTQ+ legislative initiatives. According to the organisation, almost every form of queer life would become punishable by imprisonment, while the legal obligation to report suspected LGBTQ+ people amounts to state-sanctioned homophobia.

The German Federal Government must face reality and remove both countries from the list of safe countries of origin, said Wiebke Judith, legal policy spokesperson for PRO ASYL.