Anti-LGBQT Bill: MPs who wanted a secret ballot for the ‘draconian’ aspects

He said those lawmakers were even pushing for secret ballots on the aspects of the bill that they considered draconian such as the custodial sentencing regim.

Asked whether he was surprised or disappointed that this bill has been passed, Mr Afenyo-Markin who opposed the custodial sentencing regime in the bill but was unsuccessful told TV3’s Berla Mundi on the New Day show Thursday, February 29 that “None of them.”

He further stated “I think in this our game people put forward their views on matters of national importance, my colleagues came up with this bill, we all supported the fundamentals of the bill that as a country we should not give space for a man to marry a man and for a woman to marry a woman.

“Where I differed was the landing of the matters in issue. So for instance, if we say that those who are engaged in the act must suffer some consequences, I am concerned about how they suffer the consequences, and whether or not the consequences of their actions would lead to reforms and reintegration of those who perform in society or that it will lead to an escalation.

“So I aimed at the custodial sentencing regime that the Act was introducing and echoed the point that given the conditions of our prisons, which conditions have given rise to a new sentencing regime by our judiciary, we needed to proceed with much caution by introducing a community service regime or a noncustodial. A noncustodial sentencing will be open where a person could be committed to a fine. In fact, in my amendment, I even introduced mandatory counseling but the atmosphere had become so emotional, still, it remains emotional that people would not even want to pay attention to factual details.

“From what I know at the prisons, from what I have read … some MPs who have been in public service in that area have had cause to privately engage me and say this thing that we want to incarcerate will be a problem, a good number of the MPs, out of fear could not come out and they were pushing for a secret ballot. Unfortunately, when I made that application it was declined because in our rules when it gets to such consideration, there is no such express provision for a member to call for a secret ballot to challenge the vote.

“If we had done a secret ballot on certain aspects of the bill which Members consider as very draconian.”

Ghana’s Parliament on Wednesday, February 28 passed the anti-LGBTQI bill after successfully going through all three reading stages.

The third reading of the Promotion of Human Sexual Rights and Ghanaian Family Values Bill was done on Wednesday, February 28.

“3rd reading of the anti-lgbtq bill passed by parliament, the bill has been passed, ” TV3’s Parliamentary correspondent Komla Klutse reported.

One of the sponsors of the bill, Ningo-Prampram Lawmaker Samuel Nartey George told journalists after the passage that “We want to thank Osei Kyei-Mensah-Bonsu who was very instrumental in passing this bill.”

“The house has stood united, an overwhelming majority of both sides of the house have supported this bill,” he added.

Prior to the passage, a human rights coalition, comprising of CDD Ghana, “the big 18” and others had called on President Akufo-Addo not to assent to the bill in its current state.

Prof Audrey Gadzekpo who is part of the group, at a press conference in Accra on Tuesday, February, 27, 2024 noted that the Bill will infringe on the fundamental human rights of many including the media as enshrined by the 1992 Constitution.

Professor Gadzekpo said “We observed that proposals to amend the Bill to substitute community services for in castration that was made by the Member of Parliament for Effutu, Mr. Afenyo-Markin was unfortunately rejected. Although his amendments were opposed by the majority of the house leading to a removal of the proposed amendments, we appreciate his effort aimed at reforming our justice system.”

On Wednesday, February 21, the then Deputy Majority Leader, Alexander Afenyo-Markin withdrew his amendments to the anti-LGBTIQ+ bill which seeks to impose a prison sentence paving way for the Bill to be considered for passage in the coming days.

However, the coalition of civil society organizations and interest groups maintained, the Bill must be relooked at.

“Ghana is a secular and multi-religious country with over 50 ethnic groups with different cultural practices and beliefs. Any attempt to create a single cultural value system for Ghana erases the beautiful cultural mosaic that makes us a unique people.” Professor Gadzekpo posited.

She further explained that “It is for this reason that the constitution abolishes all practices and laws detrimental to people’s health and well-being, even in the name of culture and tradition.”

The coalition noted that, the Bill will undermine the journalists’ ability to speak freely. The Bill in its current form states, “any person that uses the media to broadcast and slash or advocate on LGBTQ+ topic faces a prison sentence of up to three years.”

The group believe that “this places a heavy restriction on journalists, bloggers, influencers and various social media users who produce or publish content, especially those who work in the field of human rights.”