Alexander Afenyo-Markin
The third reading of the Proper Human Sexual Rights and Family Values Bill was ‘arrested’ yesterday by the Deputy Majority Leader in Parliament, Alexander Afenyo-Markin.
The Speaker, Alban S.K. Bagbin, was about to allow for the procedural motion on the third reading of the bill to be moved and seconded, when Mr. Afenyo-Markin intervened.
He rose to move that “the bill passes through a second Consideration in respect of Clause 4.”
The Clause 4 proposes a minimum custodial sentence of six months and a maximum of three years for people who find themselves in the activity of LGBTQ+, but he wants the House to proffer a community service over jail term.
Quoting Order 171(1) of the Standing Orders, Afenyo-Markin argued that the punitive action prescribed was injurious to reformation of LGBTQ+ practitioners, asserting, “The issue before us is behavioural, and it is my humble view that in dealing with behavioural matters, incarceration is not the solution.”
According to the MP for Effutu, “to jail a person for his/her sexuality will not be the solution in maintaining our Ghanaian family values and ensuring proper human sexual rights.”
Mr. Afenyo-Markin stated that, while he supports the bill’s basic objectives, imprisoning someone because of their sexual orientation will not help to maintain “Ghanaian family values and ensure proper human sexual rights.”
He noted that the purpose of his motion to ‘arrest’ the bill’s passage is to give the House time to thoroughly consider the amendments made in the bill with the goal of replacing incarceration with community service.
However, Mr. Afenyo-Markin’s proposed amendment in Clause 4 was voted down by the House.
It was agreed to continue with the Consideration Stage at the next sitting date of the House.
Background
The MPs had previously agreed on a minimum of three years and a maximum of five years imprisonment for activists of LGBTQ+ to be included in the anti-gay bill before the House.
They also want anyone caught engaged in LGBTQ+ activities to face a minimum term of six months and a maximum of three years.
During a clause-by-clause review of the bill to promote proper human sexual rights and Ghanaian family values, the MPs agreed that Clause 4 which says “People who find themselves in the activity must be punished with a minimum custodial sentence of six months and a maximum of three years” should stand part of the bill.
The clause again says, “… whilst people or organisations that provide funds, promote or sponsor such activities be punished with a minimum of three years and maximum five years.”
Even though the Chairman of the Constitutional, Legal and Parliamentary Affairs Committee, Kwame Anyimadu Antwi, and the Deputy Majority Leader, Alexander Afenyo-Markin, had called for fines and community services, the House went along with the proponents of imprisonment.
MP for Ningo-Prampram, Sam Nartey George, explained that the imprisonment is because of the public’s concern with the advocacy and promotion of such activities.
He advocated that individuals caught engaging in such activities should face harsher punishment ranging from a minimum of six months to a maximum of three years, which was agreed upon by the House.
“For individuals caught engaging in these activities themselves, the punishment ranges from a minimum of six months to a maximum of three years.
“For those actively promoting, sponsoring, or supporting such an agenda, the penalty increases to a minimum of three years and a maximum of five years,” he stressed.
However, Mr. Afenyo-Markin argued that the law be enacted to transform such individuals who may fall foul rather than to imprison them.
However, some MPs, including Alhaji Mohammed Muntaka-Mubarak and Mahama Ayariga, stated that punitive measures proposed in the bill, in addition to fines and community service, must be kept to provide courts the choice to use them during adjudication of such cases.
By Ernest Kofi Adu, Parliament House
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