Anti-LGBTQ bill: Clause 4 Of Bill Raises Debate In Parliament

The ongoing deliberations in Parliament have shone a spotlight on the contentious Clause 4 of the Promotion of Proper Human Sexual Rights and Ghanaian Family Values bill. The clause at the center of debate establishes an offense related to the undermining of proper human sexual rights and Ghanaian family values, setting the stage for robust discussions and disagreements among lawmakers.

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Kwame Anyimadu Antwi, the Chairman of the Constitutional, Legal, and Parliamentary Affairs Committee of Parliament, has advocated for the removal of Clause 4, citing its ambiguity and subjective nature as primary reasons for deletion. Quoting advice from the Attorney General, Godfred Dame, Antwi revealed that the lack of clarity concerning what constitutes "undermining" renders the basis of the offense indeterminate. He stressed the need to avoid subjective and ambiguous language when creating an offense, ultimately leading to the proposal for the clause's removal.

In response to the recommendation for deletion, the bill's sponsor, Rockson-Nelson Defeamekpor, contended that Clause 4 is an integral component of the entire bill. He strongly opposed the notion of removing the clause, asserting its fundamental importance to the legislation. Defeamekpor emphasized the critical nature of the provision and expressed difficulty in comprehending the arguments surrounding subjectivity and ambiguity put forth by the Chairman of the Constitutional, Legal, and Parliamentary Affairs Committee and the Attorney General.

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Defeamekpor emphasized that the essence of Clause 4 holds significant importance within the legislative framework and argued against perceiving the subjective nature of the provision as a barrier. He emphasized the subsequent investigative processes that would follow any potential breaches of the clause, highlighting the necessity for thorough investigations to establish prima facie evidence of violations.

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