A clause in the anti- LGBTQ+ bill has resulted in a stalemate in Parliament as the debate to outlaw homosexual activities in the country rages on.
The Chairman of the Constitutional, Legal, and Parliamentary Affairs Committee of Parliament, Kwame Anyimadu Antwi, has proposed deleting clause 4 of the Promotion of Proper Human Sexual Rights and Ghanaian Family Values bill, but the sponsors argue otherwise.
During proceedings in Parliament on Tuesday, December 13, Mr Antwi stated that the clause was ambiguous and highly subjective, hence the need to delete it.
Clause 4 states:
Quoting recommendations from the Attorney General, Godfred Dame, Mr Antwi said, “Though this clause creates an offence relating to undermining proper human sexual rights and Ghanaian family values, what constitutes ‘undermine’ is not defined and therefore the basis of the offence cannot be determined.
“Mr. Speaker, this is the advice the learned Attorney General gave to the committee, and the entire committee agreed on this advice. That’s why we agreed, as has been said by ranking, that there was too much subjectivity and ambiguities, and that is why we propose that in deleting and creating an offence, we shouldn’t be having ambiguities and subjectivities. That is why the proposal is to delete the entire clause.”
Reacting to the recommendation, one of the sponsors of the bill, the Member of Parliament (MP) for South Dayi, Rockson-Nelson Defeamekpor, said that clause was integral to the entire bill and, thus, deleting it would be erroneous.
According to him, he is unable to appreciate the argument of subjectivity and ambiguity that the Chairman of the Constitutional, Legal and Parliamentary Affairs Committee and the Attorney General are alluding to.
“Mr Speaker, the essence of four is cardinal to this legislation. So, cardinal, so fundamental to it. I’ve been struggling to appreciate the point made by the ranking member that this offence in article 39 he is not being able to point it out.
“The subjectivity element that he points too, I am struggling to appreciate.
“Because you see, when we enacted the provision this way, subject to the enhancement contained in the amendments listed thereafter, there will be investigations if somebody makes a complaint that clause four, which subsequently will become section four, has been breached, that is not the end of it. Investigations will be conducted. It is the investigation that will establish a prima facie that indeed clause four subsequently section four of the law has been breached or not,” he explained.
