Audio By Carbonatix
Concerned Citizens against the Anti-LGBTQ+ Bill have raised concerns that the Bill undermines the rights of Ghanaians who are either against or for the rights of the LGBTQI community.
They further stated why the Bill, which they described as "dangerous", limits the Ghanaians democratic rights. They have also called on Parliament to reject it as the Bill is "incurably defective".
Addressing the media at the Ghana International Press Center on Wednesday, the Executive Director of Human Rights Advocacy Centre, Selasi Tsegah said, homosexuality is not a mental disorder as stated by the sponsors of the anti-LGBTQ+ Bill.
They emphasised that their sexual orientation and identity is not strictly binary because there are intersex people who do not fit into the binary category.
She stressed that the Bill is unconstitutional and has no legal justification for it to be passed into law.
"Stating very clearly that neither our group nor the LGBTQ+ community has sought to introduce any Bill legalising anything as some media reports and commentators seek to portray.
"It is rather some members of Parliament who have introduced an anti-LGBTQ+ Bill in Parliament which our memorandum is responding to," she said.
The Centre termed the Bill as "dangerous", stating that it takes away every Ghanaian's democratic rights, whether for or against gay rights.
Some reasons the Centre are:
- The Bill is driven by an ethos of hate, bigotry, intolerance, and extremism. Its provisions, if they became law, would constitute a gross violation of the constitutional rights of LGBTQ+ persons and those who may show sympathy for their activities in any way.
- If passed, it will become a law that is above even the Constitution! This is because, while the Constitution can be amended, this Bill, by preventing any advocacy in respect ofLGBTQ+ activities, effectively makes it impossible to amend any of its provisions. Indeed, the Bill in clause 12 (2) (b), specifically prohibits activities that “promote or support … change in public opinion towards an act prohibited under this Act“. This means this very press conference would become a criminal offense, with a potential jail term of up to 10 years. This is preposterous, as any rational person will agree.
- The Bill places onerous duties on all parents and guardians and seeks to impose on them what values they must teach their children and wards. It even imposes a duty on judges to comply with the contents of this unconstitutional Bill should it became law!
- The Bill, should it become law, would increase stigmatization of, and hatred for members of this vulnerable minority. It would indeed expose them to abuse, threats and violence, as we are already beginning to experience in several communities across Ghana. It would also make precarious their rights to employment, housing, health care and freedoms generally. This can only increase the social stresses this minority faces on a daily basis.
- This bill also violates our existing system of criminal jurisprudence, which requires that there should be both a mental state and an act in order to constitute a crime. For example, even if an armed robber declares in public that he is an armed robber, the police cannot arrest and prosecute him for simply making that statement or holding that view. But under clause 6 (I) (e) and (2) of the anti-LGBTQ+ Bill, if a person simply holds himself out as being of “any other sexual or gender identity that is contrary to the binary of male or female”, s/he would be committing a second-degree felony and be liable on summary conviction to a term of imprisonment of three to five years!
"Indeed, it is neither necessary to protect any legitimate public interest, nor does it promote the constitutional rights of Ghanaians. We accordingly call upon Parliament to reject it in total".
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