Experienced private legal practitioner and Member of Parliament (MP) for Effutu, Alexander Afenyo-Markin, has argued that the anti-LGBTQ+ bill currently before Parliament must make provision for non-custodial sentencing and plea-bargaining for persons found culpable, stressing that custodial sentences will, among others, worsen overcrowding in our prisons.
The Promotion of Proper Human Sexual Rights and Ghanaian Family Values Bill, 2021, which seeks to criminalise activities of the LGBTQ+ community, including its promotion in whatever form, and proposes custodial sentences, has the support of a majority of Ghanaians.
But for Mr Afenyo-Markin, the bill ought to take into account the prevailing nature of Ghana’s prisons and other considerations such as the economic benefit of non-custodial sentencing and make adequate provision for non-custodial sentences in the bill.
“Opting for non-custodial sentences and legislatively defined plea-bargaining provisions would ensure a humane, economically viable, and internationally respectful legal framework, upholding human dignity and promoting social harmony,” Mr Afenyo-Markin asserted in a treatise on non-custodial sentencing in Ghana.
He noted that non-custodial sentences will preserve human rights and dignity, eliminate discrimination and stigmatisation, deal with overcrowding and bring economic benefit to the country.
“The Parliament of Ghana’s consideration of criminalising same-sex sexual relationships through the Promotion of Proper Human Sexual Rights and Ghanaian Family Values Bill, 2021 presents a pivotal decision affecting not only the LGBTQ+ community but also the wider society. Opting for non-custodial sentences and legislatively defined plea-bargaining provisions would ensure a humane, economically viable, and internationally respectful legal framework, upholding human dignity and promoting social harmony. This approach would mitigate the negative implications of custodial sentences, aligning with Ghana’s broader criminal justice reform agenda,” he added.
