The Promotion of Proper Human Sexual Rights and Ghanaian Family Value Bill popularly known as the anti-LGBTQ bill in Ghana, has once again caused controversy in parliament over its custodial sentence clause.
The clause for custodial sentence aims to penalize those who violate the anti-LGBTQ bill with a minimum imprisonment of three years and a maximum of five years. The bill has raised concerns about its inhumane nature since its inception.
While the bill has full support in parliament, Member of Parliament and Deputy Majority Leader, Mr. Alexander Afenyo Markin has moved a motion for a second reading for consideration regarding the custodial sentence.
The Deputy Majority Leader expressed that he is not against the bill and its intended goals. However, he pointed out that the sentencing provisions of the bill are too severe and do not focus on rehabilitating individuals who violate it.
“In dealing with behavioral matters, incarceration is not the solution, it makes the matter worse”.
The Effutu Member of Parliament asserted that, in light of the proposal to reform sentencing in the country by interest groups, it is only practical that Parliament takes a second look at the custodial sentence that seeks to dehumanize the violators of the anti-LGBTQ bill.
In 2023, it would be recalled that the Ghanaian government responded to a call for action by introducing a non-custodial sentencing bill, also known as the Community Service Bill, in parliament.
The main aim of this bill is to decrease the number of individuals who are imprisoned for minor crimes by offering alternative forms of penalties. If the bill becomes a law, it will permit offenders to undertake community service as an alternative to being put behind bars.
The proposed non-custodial bill aims to reduce prison congestion and promote rehabilitation of offenders and their reintegration into society.
This congestion in prisons nationwide is worsened by limited funding, cramped space, inadequate resources and personnel, and insufficient training and development opportunities for officers.
In light of this, the Member of Parliament, Mr. Alexander Afenyo Markin argued that jailing a person for their sexuality does not aim at protecting the Ghanaian family values as it separates people from their families.
Anti-LGBTQ Bill To Be Passed
The Member of Parliament representing the Ningo Prampram constituency, Mr. Samuel George, however expressed his opinion on the stance taken by the Deputy Majority Leader concerning the punishment for those who violate the bill stating that community service is a lenient form of punishment for such offenders.
He argued that a non-custodial sentence would not effectively deter violators of the bill.
Mr. Samuel George stated that the Deputy Majority Leader’s attempt to block the bill’s third reading and reconsideration will not be successful. He emphasized that the bill would still be passed with the custodial sentence provision intact.
Although the bill aims to promote traditional Ghanaian family values by regulating sexual relations, it fails to address human rights concerns.
As less and less money is invested into infrastructure for correction and rehabilitation, the Ghana Prisons Service (GPS) is experiencing increasing difficulties in carrying out its duties. This raises serious concerns about the provision of proper hygiene and healthcare for inmates in the prisons.
Dishing out custodial sentences to violators of the Promotion of Proper Human Sexual Rights and Ghanaian Family Value Bill (anti-LGBTQ bill) will only worsen the current state of overcrowded and poorly maintained prisons.
This aspect of the anti-LGBTQ bill did not take into consideration the government’s recent attempt at reforming the custodial sentences punitive measures.
Conclusively, organizations such as the Crime Check Foundation and Amnesty International Ghana have repeatedly urged the government to reform its criminal justice system. This will lead to a reduction in incarceration and an improvement in conditions for inmates. The Afro Barometer has also reported that more than 90% of the population is in favor of the anti-LGBTQ bill. Parliament must therefore ensure a balance between implementing the correct punitive measures and the implementation of the anti-LGBTQ bill.
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