Consensual gay lovers should not be jailed – Afenyo-Markin

Enacting a law purposely to imprison LGBT persons and advocates of sexual rights in Ghana is not the best technique to curb the spread of the practice, Alexander Afenyo-Markin, the deputy Majority Leader in the country’s Parliament has stated and appealed that the clauses of custodial sentencing be expunged from the anti-gay Bill currently being considered for passage by the Ghanaian Legislative body.

The anti-gay Bill, officially known as the Promotion of Proper Human Sexual Rights And Ghanaian Family Values Bill 2021, if passed into Law, would mean that persons in Ghana found to have been involved in any form of same sex intimacy would be thrown into jail for a period of between 6 months and 3 years, while persons who advocate for, show support for, promote or sponsor any LGBT activity would be jailed for not less than 3 years and not more than 5 years.

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The aim, according to proponents of the Bill is to stop the advocacy and spread of LGBT in Ghana and to protect the country’s family values. Proponents of the Bill are asking that laws should be enacted for journalists, media owners and all persons who engage in any form of LGBT advocacy or expresses an editorial opinion in support of LGBT to be thrown into jail for a period between 3 to 5 years if the Bill gets passed into law.

Mr. Afenyo-Markin, has however raised red flags in protest against the  clauses of custodial sentencing contained in the Bill and argued that the House should opt for alternative forms of punishment including plea bargaining and  community services  as imprisonment would neither be of benefit to the state nor reform the supposed LGBT person.

He argues that not only are the country’s prisons over crowded by some 48 percent over population but they as well lack the requisite facilities to reform inmates therefore LGBT convicts would come out more hardened and stigmatized by society.

According to Mr. Afenyo-Markin, custodial sentencing as a form of punishment has proven to be counterproductive in many instances and it is for this reasons that stakeholders within the country’s prisons services and judicial trial fraternity are advocating for the speedy enacting of the Non Custodial Sentencing Bill

“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”, Afenyo-Markin noted in a white paper he authored on the subject of non-custodial sentencing for LGBT persons.

The paper continued: “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.”

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Afenyo-Markin noted further in his argument: “the Parliament of Ghana bears a great responsibility to fulfill this purpose. It must step up to the plate and take the lead in transforming the criminal justice system by adopting plea deals and non-custodial punishment in its proposed legislative response to same-sex sexual relationships and related issues.

“This is a moral requirement and a step in the direction of a society that is more just, equal, and compassionate than merely a legislative change. Parliament, in its efforts to police the kinds of adult relationships considered lawful and culturally acceptable and unacceptable in Ghana, has the chance to establish a precedent that reverberates internationally as a reputable member of the international community, demonstrating its dedication to social progress, fairness, and human rights.”