South Dayi MP, Rockson-Nelson Dafeamekpor, has opposed the removal of Clause 4 of the Promotion of Proper Human Sexual Rights and Ghanaian Family Values Bill.
Clause 4 of the Promotion of Proper Human Sexual Rights and Ghanaian Family Values Bill creates an offense related to undermining proper human sexual rights and Ghanaian family values.
According to the Chairman of the Constitutional, Legal, and Parliamentary Affairs Committee of Parliament, Kwame Anyimadu Antwi, the clause clause is ambiguous and highly subjective in nature, a decision made following engagements with the Attorney-General, hence the need to delete it.
Quoting recommendations from the Attorney General, Godfred Dame, Mr. Anyimadu Antwi said, “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.
“Mr. Speaker this is the advice the learned Attorney General gave to the committee and the entire committee agreed on this advice. And that’s why we agreed as has been said by ranking that it was too much of subjectivity and ambiguities and that is why we propose that in deleting and creating an offence we shouldn’t be having ambiguities and subjectivities. That is why the proposal is to delete the entire clause.”
But an unenthused Rockson-Nelson Defeamekpor said that clause was integral to the entire bill and thus deleting it would be erroneous.
“Mr. Speaker the essence of four is so cardinal to this legislation. So, so cardinal, so, so fundamental to it. I’ve been struggling to appreciate the point made by the ranking member that this offence in article 39, he’s not been able to point it out.
“The subjectivity element that he points to that, too I am struggling to appreciate.
“Because you see when we enacted the provision this way, subject to the enhancement contained in the amendments listed thereafter, there will be investigations if somebody makes a complaint that clause four which subsequently will become section four has been breached, that is not the end of it. Investigations will be conducted. It is the investigation that will establish a prima facie that indeed clause four subsequently section four of the law has been breached or not,” he explained.
The Promotion of Proper Human Sexual Rights and Ghanaian Family Values Bill is currently at the consideration stage, and Speaker Alban Bagbin has assured of its passing before the House goes on recess for the Yuletide season.