Debate over anti-LGBTQ law needs practical focus — Law lecturer

A lecturer at the GIMPA Law School, Oxford Osei Bonsu, has called on policymakers and the public to shift attention from political arguments surrounding legislation to its practical effectiveness in solving real-world problems. 

Speaking on the newly passed anti-gay bill, he stressed that the mere passage of a law does not automatically translate into successful implementation or impact.

“The fact that you have passed a law doesn’t mean that the law is going to work,” he said, noting that legislative success should be measured by outcomes rather than the act of enactment itself.

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He questioned whether lawmakers clearly identify the specific problems they intend to resolve before drafting and passing new laws.

His remarks come amid ongoing public debate over amendments to Ghana’s anti-LGBTQ legislation, with differing views emerging over changes made to earlier versions of the bill.

According to him, such debates often become politically charged, shifting focus away from whether the law is actually capable of achieving its intended purpose.

Osei Bonsu argued that discussions should instead focus on the substance of the law and whether its provisions are strong enough to address the issues at stake.

He also emphasised the need for transparency in explaining legislative amendments so the public can understand why changes are introduced and what effects they are expected to have.

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He further cautioned against interpretations of legal provisions that could infringe on constitutional rights, particularly concerns that individuals accused under the law might be denied access to legal representation.

He warned that such interpretations could signal deeper problems in how the law is framed or understood.

“If anybody could interpret a provision like that, then it means that we are at a wrong point,” he stated during a discussion on Asaase radio.

The legal scholar also noted that laws are not static and may require amendments over time as implementation exposes gaps or unintended consequences.

He said such revisions should not automatically be viewed with suspicion, as they can strengthen the law or better align it with its original objectives.

Ultimately, he said the effectiveness of the legislation should be judged by whether it clearly defines offences and prescribes appropriate sanctions for both offenders and those who promote prohibited conduct.

If these elements are properly outlined and enforceable, he suggested, the law would be functioning as intended.

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