-But advocates vow to resist the bill
By Jerromie S. Walters
The House of Representatives of the 55th National Legislature of Liberia is considering criminalizing homosexuality.
The bill, introduced by Representative Johnson S. N. Williams of River Gee County District 3, aims to amend the Anti-Homosexuality Law of Liberia 2024 to make homosexuality a criminal offense.
However, human rights advocates have vowed to resist the bill, as they cite concerns that it would undermine the progress made in protecting human rights in Liberia. “If a Lawmaker will propose this bill, that will be an affront to all of the gains Liberia has made in ensuring the protection and upholding of the tendency of human rights.”
They argue that the proposed bill goes against the African Commission on Human and Peoples’ Rights resolution 275, which protects individuals of different sexual orientations and gender identities. Additionally, they point out that the Liberian Constitution guarantees fundamental human rights and should not be violated.
“Looking at the African Commission on Humans and People’s Rights, there’s a resolution 275 that provides protection for people of sexual orientation and gender identity across Africa. Also, if you look at the Liberian constitution it provides for protection in terms of fundamental and human rights. Under human rights, nobody should be intimidated because of the choices that they make in terms of who they love.”
The advocates criticized Representative Williams for proposing the bill, and questioned the timing and its potential impact on the country’s fragile democracy. They believe that criminalizing homosexuality would be a step backward in terms of promoting human rights in Liberia. “If a lawmaker is coming up with such a bill at this time when we just had a fragile democracy that we are trying to strengthen as a country we think that will be an affront to upholding the gains we have made in terms of promoting human rights in the country.”
Howbeit, Representative Williams said the bill, when amended, will fulfill Article 5 B of the 1986 Liberian Constitution. It states that “the Republic shall preserve, protect and promote positive Liberian culture ensuring that traditional values which are compatible with public and national progress are adopted and developed as an integral part of the growing needs of the Liberian society.”
Representative Williams: “I present my compliments and please to herewith submit to Plenary through your Office a Bill entitled “Anti-Homosexuality Law of Liberia 2024”, to amend Chapter 14, Sub-chapter D of the New Penal Code to create a New Section 14.8 making homosexuality a criminal offense. Hon. Speaker, Hon. Deputy Speaker, and Distinguished Colleagues, this Draft Bill, when passed into law, will fulfill Article 5(b) of the 1986 Liberian Constitution, which states that “the Republic shall preserve, protect and promote positive Liberian culture ensuring that traditional values which are compatible with public and national progress are adopted and
developed as an integral part of the growing needs of the Liberian society.”
The communication continues, “Hon. Speaker, Hon. Deputy Speaker, and Distinguished Colleagues, in view of the foregoing, I humbly pray the indulgence of Plenary to join me in the passage of this instrument for the good of the Republic of Liberia. Kindly accept the assurances of my most high esteem. Meanwhile, the joint committee is expected to report within a period of two weeks upon the August body’s return from its second quarter break.
Why many oppose:
The majority of the Liberian population has expressed strong opposition to homosexuality in Liberia. This has been backed by several reasons, rooted in cultural, religious, and societal beliefs.
One of several apt reasons for the lack of support for homosexuality in Liberia is the deeply ingrained cultural norms and values that shape societal attitudes. Traditional beliefs and practices often uphold heterosexual relationships as the norm, and any deviation from this is viewed as a threat to the cultural fabric of the society. Homosexuality is seen as contrary to traditional values and is often stigmatized within Liberian communities.
Religious beliefs also play a significant role in shaping attitudes towards homosexuality in Liberia. The country is predominantly Christian, with a significant Muslim minority, and both religions have teachings that condemn homosexuality. Many Liberians view homosexuality as a sin and believe that it goes against the teachings of their faith. As a result, there is strong religious opposition to homosexuality in the country.
Furthermore, the lack of education and awareness about LGBTQ rights and issues contributes to the negative attitudes towards homosexuality in Liberia. Misconceptions and stereotypes about LGBTQ individuals are prevalent, and it has led to discrimination and prejudice. The absence of comprehensive sex education in schools and limited access to information about sexual orientation and gender identity perpetuates ignorance and intolerance.
Action on Homosexuality in Africa:
In Africa, homosexuality is still criminalized in many countries, with penalties ranging from fines and imprisonment to death. Homosexuality is illegal in Algeria, with penalties of up to two years in prison and fines. Homosexuality is illegal in Angola, with penalties of up to two years in prison. Homosexuality is illegal in Botswana, with penalties of up to seven years in prison. Homosexuality is illegal in Burundi, with penalties of up to two years in prison.
Conspicuously, homosexuality is illegal in Cameroon, Egypt, Eritrea, Ethiopia, Gambia, and Ghana with penalties of up to three years in prison. Like the countries above, Homosexuality is illegal in Kenya, Mauritania, Morocco, Nigeria, Senegal, Somalia, Sudan, Tanzania, Tunisia, Uganda, Zambia, and Zimbabwe, with penalties of up to one year in prison.
On the other hand, there are a few African countries where homosexuality is not a criminal offense. These countries have either decriminalized homosexuality or have laws that do not explicitly criminalize same-sex relationships.
Among many of them, South Africa is the only African country that has legalized same-sex marriage and has constitutional protections against discrimination based on sexual orientation. Homosexuality is not a criminal offense in South Africa, Cape Verde, São Tomé and Príncipe, and Seychelles among others. Seychelles has made progress in recognizing and protecting the rights of LGBTQ+ individuals.
Meanwhile, the legal status of homosexuality is constantly changing in many African countries, with some countries moving towards decriminalization while others are increasing penalties. LGBTQ+ rights activists continue to work towards equality and acceptance in these countries. In Liberia, this is often not done openly.
