The controversial anti-gay bill, the Promotion of Proper Sexual Rights and Ghanaian Family Values Bill, has hit a roadblock in Parliament.
Deputy Majority Leader Alexander Afenyo-Markin unexpectedly stopped the bill’s third reading on Thursday, February 15, raising concerns about the imprisonment clauses for individuals based on their sexual orientation.
Afenyo-Markin called for a second consideration of the bill, seeking to introduce amendments regarding the proposed custodial sentences.
The bill currently suggests a potential jail term of six months to three years for engaging in same-sex acts, and even harsher sentences of three to five years for those promoting or actively involved in LGBTQ+ activism.
This development throws the bill’s future into uncertainty. While the specific amendments Markin proposed are unknown, his objection to imprisonment based on sexual orientation indicates a potential shift in the stance on the issue.
The bill has faced significant criticism from human rights groups and international bodies, raising concerns about its violation of basic human rights and potential to exacerbate discrimination against the LGBTQ+ community in Ghana.
Coming under Standing Order 1711, the Deputy advocated amendments that would see prison sentences replaced with community service.
While expressing support for the overall objectives of the bill, he argued that penalizing individuals with jail terms for their sexuality could undermine Ghanaian family values and human sexual rights rather than protect them.
He said, “Jailing a person for their sexuality is not the solution in maintaining the Ghanaian family values and ensuring proper human sexual rights.”
The third reading would have signified the passage of the anti-gay Bill by Parliament, which would then be submitted to the President for assent.
The Deputy Majority leader disclosed that the government is on the verge of introducing a Community Sentencing Bill, which aims to offer non-custodial sentences as alternatives to imprisonment. He urged the House to consider this approach by amending the anti-gay bill to include community service options.
This measure, he said, will lead to a more compassionate and effective judicial system.
“I strongly hold the conviction that the integration of community service as an alternative to incarceration will substantially bolster the efficacy and compassion of our judicial system.”
“The essence of this motion is for the august body to thoroughly consider amendments proposed to the bill with a view of substituting community service for incarceration,” Afenyo-Markin stated.
The Deputy leader subsequently introduced 13 amendments after his motion for a second consideration stage was carried.
The Minority has, however, kicked against his proposed community service sentence, arguing there is currently no provision in Ghana’s law books.
