Ghana’s Parliament is at the threshold of passing a law to criminalize LGBT in all its shades and forms including persons who show support for same sex lovers.
However, the Deputy Majority Leader, Alexander Afenyo-Markin has protested the proposed incarceration as prescribed punishment.
Mr. Afenyo-Markin argued that although he is personally not an advocate of same sex marriages in Ghana, it is wrong to jail LGBT persons simply because of their sexual orientation.
He added that it is even more wrong to jail human right activists and journalists who show support for the LGBT community.
The Deputy Majority Leader has been vocal on the floor of Parliament in speaking against the custodial aspects of the Promotion of Proper Human Sexual Rights And Ghanaian Family Values Bill, 2021 and over the weekend issued a white paper to further explain his arguments.
The paper said the Bill currently being considered in Parliament presents a pivotal decision affecting not only the LGBTQ+ community but also the wider society therefore there is the need for legislators and politicians to adopt a more compassionate, progressive, and successful approach to criminal justice and to think about how legislative actions will affect society in the long run.
Mr. Afenyo-Markin explained further that already, Ghana’s prisons are suffering from an overcrowding crisis with overpopulation amounting to a 48 percent congestion and most certainly not a place where any meaningful reformation can take place.
He said this is one of the reasons stakeholders have been working towards enacting the Non-Custodial Sentencing Bill to consider other forms of court-imposed punishments that exclude imprisonment, such as community service, probation orders, fines, and conditional discharges.
Opting for non-custodial sentences and legislatively defined plea-bargaining provisions would ensure a humane, economically viable, and internationally respectful legal framework, upholding human dignity and promoting social harmony.
This approach would mitigate the negative implications of custodial sentences, aligning with Ghana’s broader criminal justice reform agenda.
The Parliament of Ghana is clearly at a turning point in its examination of the Promotion of Proper Human Sexual Rights and Ghanaian Family Values Bill, 2021 given the strong evidence and arguments put forth in this paper. The decision to make same-sex partnerships illegal has significant ramifications for our legal system’s integrity, the larger social fabric, and the LGBTQ+ population, Mr. Afenyo-Markin stated.
He argued further: “As this paper argues, the justification for plea bargaining and non-custodial punishment is not only a question of opinion; it is a basic responsibility of the Parliament. It is an obligation based on the values of social justice, economic pragmatism, human rights, and legislative accountability. “Choosing noncustodial punishments and structured plea bargaining provides a more humanitarian, financially sustainable, and globally acceptable legal system that is in line with international human rights standards.
“This strategy also directly addresses Ghana’s prison overpopulation, which has become a human rights disaster due to extreme overcrowding. By adopting the approach proposed in this paper, Parliament can relieve pressure on Ghana’s criminal justice system, reallocate funds to areas of urgent need, and promote a more restorative rather than punitive approach to justice by implementing noncustodial sentencing.
“Adopting these proposed legislative responses will also demonstrate Ghana’s dedication to progressive and enlightened governance.
“It would show a readiness to approach difficult social challenges in a way that preserves the values of justice and fairness, respects the dignity of every person, and fosters social harmony,” Mr. Afenyo-Markin who is also the MP for Effutu reiterated.
