Parliament to reconsider anti-LGBTQ+ Bill amid opposed custodial sentences

Parliament has decided to revisit the contentious Promotion of Proper Human Sexual Rights and Family Values Bill, 2021, following a motion put forth by Deputy Majority Leader Alexander Kwamena Afenyo-Markin.

The motion, seconded by the National Democratic Congress MP for Ho West, Emmanuel Bedzrah, seeks to initiate a second consideration stage specifically targeting 14 clauses aimed at substituting community service for incarceration for individuals involved in promoting LGBTQ+ rights in Ghana.

This decision effectively bypasses the third reading, delaying the passage of the bill, which was slated for Wednesday, February 15, 2024.

Afenyo-Markin, advocating for the amendments, stressed the necessity of a rehabilitative approach within Ghana's criminal justice system, emphasizing that incarceration exacerbates rather than resolves behavioural issues.

The amended bill proposes a sentencing regime imposing a six-month custodial sentence or less on those found guilty of aiding, facilitating, encouraging, or promoting LGBTQ+ activities.

However, Afenyo-Markin argued for a more humane and reformative system, expressing concerns that incarceration could exacerbate the situation and lead individuals to further deviant behaviour.

He highlighted the need for a shift towards community-based sentences, citing global standards and the efficacy of such approaches in safeguarding rights and preserving cultural values.

Afenyo-Markin's proposition aligns with the government's intent to introduce a Community Sentence Bill, reflecting a broader push towards a more rehabilitative justice system.

Despite his support for the anti-gay bill to uphold Ghanaian family values, Afenyo-Markin stressed the importance of avoiding measures that would worsen the situation for the individuals involved.

He emphasized the significance of endorsing a non-custodial sentencing approach, asserting that it aligns with international obligations while effectively addressing the issue at hand.

In adopting this approach, Afenyo-Markin believes that parliament would make significant strides in confronting legal challenges while upholding Ghana's cultural values.

The decision to reconsider the bill underscores the ongoing debate surrounding LGBTQ+ rights in Ghana and the complexities involved in balancing legal enforcement with human rights considerations.

NAY/AE