New Bill agaînst LGBTQI+ in Ghana [See Full Document]

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The 8-Member Committee, made up of Ghanaian Members of Parliament has unveiled a New Bill agaînst LGBTQI+ in Ghana.

The Bill which is yet to be presented to the 8th Parliament of Ghana sought to be passed ∆gainst the practice of Lesbian, Gay, Bisexual, Transgender and Queer Intersex (LGBTQI) Right movement in Ghana.

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A draft of The Private Members Bill titled “The Promotion of Proper Human Sexual Right and Ghanaian Family Values Bill, 2021” is expected to provide proper human sexual rights and Ghana family values; prescribe LGBTQI and related activities; proscribe propaganda of, advocacy for or promotion of LGBTTQQIAAP+ and related activities, provide for the protection of, and support for children, persons who are victims or accused of LGBTTQQIAAP+ and related activities and other persons; and related matter.

The Bill stated that,

1) A person who has unnatural carmal knowledge

(a) of another person of not less than sixteen years of age without the consent of that other person commits a first degree felony and is liable on conviction to a term of imprisonment of not less than five years and not more than twenty-five years; or

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(b) of another person of not less than sixteen years of age with the consent of that other person commits a misdemeanor; or

(c) of an animal commits a misdemeanor.

(2) Unnatural carmal knowledge is sexual intercourse with a person in an unnatural manner or, with an animal.

The Bill again said, “Additionally, there is no specific legislation that imposes obligations on persons to promote sociocultural values in accordance with article 39 of the Constitution. Clauses (1) and (2) of article 39 provide as follows:

(1) Subject to clause (2) of this article, the State shall take steps to encourage the integration of appropriate customary values into the fabric of national ife through formal and informal education and the conscious introduction of cultural dimensions to relevant aspects of national planning.

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(2) The State shall ensure that appropriate customary and cultural values are adapted and developed as an integral part of the growing needs of the society as a whole; and in particular that traditional practices which are injurious to the health and well-being of the person are abolished.”

Prohibition of propaganda of, promotion of and advocacy for activities prohibited under this Act.

According to the Bill,

(1) A person who,

(a) through media, technological platform, technological account or any other means produces, procures, markets, broadcasts, disseminates, publishes or distributes; or

(b) uses an electronic device, the internet service, a film, or any other device capable of electronic storage or transmission to produce, procure, market, broadcast, disseminate, publish or distribute a material for purposes of promoting an activity prohibited under this Act commits an offence and is liable, on summary conviction to a term of imprisonment of not less than five years and not more than ten years.

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(2) A person who engages in or participates in an activity that promotes or supports

(a) sympathy for an act prohibited under this Act; or

(b) a change of public opinion towards an act prohibited under this Act commits an offence and is liable on summary conviction to a term of imprisonment of not less than five years and not more than ten years.

3) A person who offers premises or any other movable or immovable asset or provides any form of assistance for purposes of promoting an activity prohibited under this Act commits an offence and is liable, on summary conviction, to a term of imprisonment of not less than five years and not more than ten years.

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4) Where a person is convicted under subsection (1), the owner of the media, technological platform or technological account on which the material or information is circulated under subsection (1) is deemed to have committed the offence unless it is proved that the owner

(a) did not consent to, or connive at the commission of the offence, and

(b) exercised the degree of reasonable diligence as ought in the circumstance to have been exercised to prevent the commission of the offence.

(5) Where

a) a body corporate is convicted under subsection (1), (2) or (3) of this section, Subsections (2), (3), (4), (5) and (6) of section 25 of the Interpretation Act, 2009 (Act 792) shall apply or

(b) an unincorporated body of persons is convicted under subsection (1), (2) or

(3) of this section, the principal officers of the body of persons, whatever name called, shall be deemed to have also committed the offence.

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Prohibition of funding or sponsorship for prohibited activities

(1) A person who funds or sponsors an activity prohibited under this Act commits an offence and is liable, on summary conviction, to imprisonment for a term of not less than five years and not more than ten years.

Read below the full Bill. 

SOURCE: Coverghan.com.gh

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