Under the Promotion of Proper Human Sexual Rights and Ghanaian Family Values bill, clause 4, undermining Ghanaian family values and proper human sexual rights is made illegal.
The deletion has been suggested by Kwame Anyimadu Antwi, the Chairman of the Constitutional, Legal, and Parliamentary Affairs Committee of Parliament. He claims that the clause should be deleted because it is unclear and very subjective.
Mr Anyimadu Antwi stated, “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.” He was quoting Attorney General, Godfred Dame’s recommendations.
“Mr. Speaker, the committee unanimously agreed upon the advice that the adept Attorney General provided.” We, therefore, propose that, when deleting and creating an offense, we shouldn’t have any ambiguities or subjectivities, as has been stated by ranking that there was an excessive amount of subjectivity and ambiguities. For this reason, it is suggested that the entire clause be removed.
The bill’s sponsor, Rockson-Nelson Defeamekpor, responded to the recommendation by stating that the clause was essential to the whole measure and that it would be incorrect to remove it.
He claims that he cannot understand the argument of subjectivity and ambiguity that the Attorney General and the Chairman of the Constitutional, Legal and Parliamentary Affairs Committee are making.
The concept of four is fundamental to this legislation, Mr. Speaker. Very important and essential to it. The ranking member made the point that this offense is covered by article 39, but I’ve been having trouble understanding it.
“I am finding it difficult to comprehend the subjectivity element that he is referring to. He explained that even though we have enacted the provision subject to the enhancement contained in the amendments listed after that, investigations will be conducted if somebody complains that clause four (which will subsequently become section four) has been breached.
The investigation will establish prima facie evidence to determine whether clause four, which will subsequently become section four of the law, has been breached or not.”
