THE ANTI-HOMOSEXUAL BILL OF GHANA, 2012 ,by Sefah Ato Welbeck

A BILL TO BE READ AND CONSIDERED BEFORE THE PARLIAMENT OF THE REPUBLIC OF GHANA FOR ANY FURTHER DELIBERATONS. TO BE RECOGNIZED AND GAZETTED AS A SUPPLEMENT TO THE LAWS OF GHANA Be it The Anti-Homosexuality Bill of Ghana THE ANTI HOMOSEXUALITY BILL, 2012 MEMORANDUM 1.1. The Principle Homosexuality or same-sex sexual activity /engagement is not only a disregard of the entire major and the minor religious beliefs including Islamic, Christian, Traditional, Buddhism, Shintoism, Judaism, Confucianism, Zoroastrianism, Hinduism, of our society but also a retrogress to the Ghanaian economic growth and development. Homosexuality, however, is a sexual misnomer or a feeling of abnormal sexual desire for a person of the same sex. A psychological build up and a defiant to moral reasoning and does not in any way bother on human rights. Unless otherwise stated in this Act, sine qua non, homosexuality is not a genetic problem and does not in any way constitute normal sexual aura in the Ghanaian society. The bill serves to protect the Ghanaian cultural heritage and inheritance from Western misnomers, by promoting sexual activities between person of the opposite sex only, thereby prohibiting the acts of homosexuality and prosecuting the offenders of homosexuality and any person or persons who promote(s) or recognize(s) the act of homosexuality directly or indirectly in Ghana. The bill also aims to strengthen the religious, legal, cultural, and educational position of Ghana towards her progress and development for generations and generations yet unborn. 2.1. Defects in Existing Law. This bill is intended to fill the loop-holes in the current existing law of Ghana. It is intended to supplement the 1992 constitution of the Republic of Ghana and the criminal code. Per the criminal code, it is an offence to engage in any sexual activity through the “unnatural canal” but does not comprehensively detail what amounts or constitute “unnatural canal”. Due to the incomprehensiveness of the “unnatural canal” as stated in the criminal code (Section 104 (1b)) the criminal code in itself fails to punish or prosecute persons involved in homosexuality or related activities because of its limited information as to what constitute an offence of homosexuality, written or unwritten. It is against this backdrop that there is the need to make for ourselves a legal document that will investigate charge, prosecute, and fine offenders. It is therefore a civic prudence to prepare for ourselves a concise, clarified, and an in-depth legal backing for anti-homosexuality. Under this Act, it is therefore an offence for any person or persons, organisations, governmental or non-governmental to engage, promote, recognize, adhere, kowtow, direct or indirectly to the act of homosexuality or any related act in Ghana as it amounts to a threat to the Ghanaian cultural inheritance and heritage. 3.0. The Objectives of the Bill. The bill aims to object the following: a) To ensure that marriage, and any form of sexual activity is undertaken between a man and a woman only. b) To protect the Ghanaian society from psychological misnomers, thereby forbidding and prosecuting people engaged in homosexual activities, or any other related activity. c) To provide for ourselves an international recognition, and for Ghana as a sovereign Nation by abrogating ratifications of any international treaties, conventions, protocols, charters, agreements and declarations which contravene the provisions of this act. d) To prohibit the licensing of governments or non-government organisations, within or outside Ghana, direct or indirect, that promotes homosexuality. e) And to prosecute in absentia any Ghanaian who intends to, as a matter of privacy or invasion, travels Abroad to engage in homosexuality as it amounts to crime against justice, and an affront to the provisions of this act. 4.0 ORGANISATION OF ACT. 4.1 Part I of the Bill incorporating article 1 provides for introductory matters relating to interpretation of words, statements and phrases used in the Act. 4.2 Part II of the Bill incorporating article 2-7 is about prohibition of homosexuality, act and the offence of homosexuality. It incorporates also the offence of direct homosexuality, the offence of indirect homosexuality, reasonable motive and the offence of attempted homosexuality, confidentiality and the protection of identity, protection, benefit and compensation to victims of homosexuality. 4.3 Part III of the Bill incorporating article 8-11 introduces other related offences and punishment, secret services and institutions of homosexuality; conspiracy to engage in homosexuality; same sex marriage; public power and collusion to homosexuality. 4.4 Part IV of the Bill incorporation article 12-14 offers the court of law in Ghana jurisdiction and the authority over extra-territorial jurisdictions; and Extradition in relation to the extradition law of Ghana. 4.5 Part V of the Bill incorporating article 15-16 provides for other legalities and the nullification of international concordances that may seek to contradict the Laws of the Republic of Ghana from her sovereignty. Prepared by Sefah, Ato-Welbeck (BSc.) THE ANTI-HOMOSEXUAL BILL, 2012 ARRANGEMENT OF CLAUSES Part I- Preliminary. Clause 1. Definition/interpretation of words and terms. Part II- Prohibition of homosexuality. 2. The act and offence of homosexuality. 3. Indirect homosexuality. 4. Direct homosexuality. 5. Reasonable motive and the offence of attempted homosexuality. 6. Confidentiality and the Protection of Identity. 7. Protection, benefits and compensation to victims of homosexuality. Part III- Other related offences and Punishment. 8. Secret services and institutions of homosexuality. 9. Conspiracy to engage in homosexuality. 10. Same sex marriage. 11. Public Power and collusion of homosexuality. Part IV- Prosecution and Jurisdiction. 12. Jurisdiction. 13. Extra-territorial Jurisdiction. 14. Extradition. 15. Regulation, guidelines and mechanisms. A BILL FOR AN ACT FOR GHANA ENTITLED THE ANTI-HOMOSEXUAL ACT, 2012. An act to ban any form of sexual relations between persons of the same sex; ban the promotion or the recognition of such relations, and to provide for other related matters. BE IT PASSED BY PARLAIMENT AS FOLLOWS: SECTION 1—PRELIMINARY 1. Interpretation. Unless otherwise stated by the context of this Act, ‘‘Sexual activity’’ means the act of acquiring sexual pleasure and enjoyment. ‘‘Lesbian” means a woman/girl who engages in sexual activity with a woman/girl. ‘‘Homosexual” means a male/man who engages in sexual activity with a man/male partner. ‘‘Victim” means a person who is/was engaged in sexual activity or being penetrated, against his/her will. ‘‘Public Power” means the authority given to persons to report cases (and suspected cases) of homosexuality for a follow-up and for a reward accordingly. ‘‘1st offender” means a person convicted of homosexuality but has no past records of homosexuality or related issues. ‘‘2nd offender” means a person with past records of homosexuality or related activities, who is convicted for homosexuality. ‘‘Same sex’’ means a male and a male, or a female and a female “Unnatural canal” means the mouth or anus or the nose or any other organ a part from the vagina or the penis. “Sexual organ” means a male sex organ or the penis or a female sex organ or the vagina. Related activity means all activities between persons of the same sex leading or may lead to the act of homosexuality. “Court of Law” means the court of law in Ghana with the highest jurisprudence and judicature, in the name of the Supreme Court. Part II-PROHIBITION OF HOMOSEXUALITY 2. The act and the offence of Homosexuality Homosexuality is engaging in sexual activity between two persons of the same sex. In cases of hermaphroditic (genderless/sexless), the issue to referred to the medical section of the law court to ascertain the active sexual organ best to the knowledge of the offender. And referred accordingly to the court of law for an advice in relation to this act. (1). A person commits the offense of homosexuality if: (a) S (he) touches or penetrates another person of the same sex with the intention of committing sex. (b). S (he) penetrates another person of the same sex through the unnatural canal, be it consensual or not consensual. (c). S (he) uses a device or an object or sexual contraception to penetrate or stimulate the sexual organ of another person of the same sex consensual or not consensual, with the intention of committing the act of homosexuality. In extreme cases where persons of the same sex with another person of the opposite sex where the person of the opposite sex is used as a cover up for the act of homosexuality. Under this act, homosexuality is an offence and any person or persons found to have committed homosexuality has/have breached the justices of the land or has/have caused a crime against justice and shall be liable on conviction to imprisonment for life. 3. Indirect Homosexuality A person commits the offence of indirect homosexuality if: (a) S (he) recognizes or promotes homosexuality between two or more persons of the same sex (b) S (he) endorses, supports, forces persons of the same sex to engage in the offence of homosexuality. (c) S (he) procures materials of uncensored sexual act indirectly for persons to engage in homosexuality. (d) S (he) blesses a marriage contracted between persons of the same sex. A person found to have committed the offence of indirect homosexuality shall be liable on conviction to imprisonment for five (5) years. 4. Direct homosexuality A person commits the offence of direct homosexuality if: (a) S (he) contracts a marriage with a person of the same sex. (b) S(he) procures materials of uncensored sexual act directly for him/herself or for person to engage in homosexuality (c) S (he) as a result of his/her power/authority threatens or forces or induces or weakens someone to indulge in homosexuality with or without the person’s consent. A person who commits the offence of direct homosexuality shall be liable on conviction to imprisonment for life. 5. Reasonable Motive and The offence of attempted homosexuality A person shall be accused to have had a reasonable motive and attempted to commit homosexuality if: (a) Upon legal proceedings it is ascertained that he/she had a reasonable motive to attempt to commit homosexuality. (b) S (he) waves a signal or shows any sign of identification to a person of the same sex with the intention of having sex. (c) S (he) identifies him/herself through dressing, decoration, make-up or any ornament to attract or signal a person of the same sex with the intention of having sex. (d) S (he) does not engage in any sexual relations but in activities with a person of the same sex (fondling of the private parts, kissing, or related act of homosexuality) leading up to sexual relations. (e) S (he) penetrates or tries to penetrate another person of the same sex without his/her consent with the intention of having sex. A person who commits the offence of attempted homosexuality commits an offence and shall be liable upon conviction to imprisonment for two (2) years. 6. Confidentiality and the protection of identity A victim or convicted persons of homosexuality shall have the identity protected from the public domain and the media due to public acrimony/hostility and threat. And all other information relating to his/her incident forever kept confidential and any other document—in print, photos, or video shall be destroyed by the court of law. (a) At any stage regarding the trial and proceedings of a victim engaged in homosexuality, where the court of law deems fit and appropriate the case shall be held in camera as a cognizance to right to privacy. (b) A victim of homosexuality is not a victim of homosexuality until it is duly proven beyond reasonable doubts that he/she was unduly forced into homosexuality. (c) A person who commits the offence of homosexuality, direct or indirect or attempted homosexuality shall be allowed to enjoy the right to privacy where the court of law deems fit and appropriate. (d) In extreme cases, convicted persons of homosexuality shall be made to wear mask during court proceedings and have their faces casted on air where the need be for the public to have knowledge of the case. In this act, any person or persons, group, institution, governmental or non-governmental organization must acquire the permission of the court of law, before putting any documents relating to any victim of homosexuality, be it news or information to the public domain. Anyone who fails to conform to this provision of the act commits an offence and shall be liable to fine or imprisonment or both. A fine not exceeding twenty-thousand (20,000) currency points. 7. Protection, Benefit and Compensation to victims of homosexuality Under this Act, a person shall be compensated if found to have been coerced or engaged in homosexuality without his/her intention. (a). A victim of homosexuality shall not be convicted for any crime committed as a result of his/her direct involvement in homosexuality. (b). Victims of homosexuality shall be protected and assisted by the court of law to give their accounts of the accident. (c). A compensation shall be paid to the victim of homosexuality by the accused and any other person involved. (d). The court of Law shall upon verification decide the amount of compensation which needs to be paid the victim of homosexuality having considered the degree of harm, injury, punishment, medical and expenses bore by the victim as a result of the offence if any, and any other damage, be it physical, sexual or psychological caused the victim. SECTION III-OTHER RELATED OFFENCES AND PUNISHMENT 8. Secret Services and Institutions of Homosexuality Any person, group, governmental or non-governmental organization, association within or outside Ghana commits an offence under this Act if: (a) Found to be promoting and recognizing or found to have promoted or recognized homosexuality as a service or through any institution, structured or unstructured, housed or not housed. (b) S (he) through espionage or any economic or political turmoil in Ghana promotes or recognizes homosexuality as opportunistic means to make money. (c) Any person who secretly engages minors or person below the constitutional suffrage age of eighteen years (18) in the act of homosexuality. (d) Any 1st offender who at the same time secretly engages the services of minors or persons below the constitutional suffrage age of eighteen years A person found to have breached this section of the provision shall be liable on conviction to life imprisonment and a maximum fine or both or a death penalty. Under this Act, cases of homosexuality shall have no expiration date. All cases relating to homosexuality and homosexuality shall be trialed before the court of law. 9. Conspiracy to engage in homosexuality A person who conspires to promote homosexuality commits an offence if: (a) S (he) conspires with another to persuade another person of the same sex to engage in the act of homosexuality. (b) S (he) conspires with another to bear false witness against another person to have engaged in the act of homosexuality. (c) S (he) conspire with another to intentionally drag or implicate another person in a case involving homosexuality or related offences of which the person dragged or implicated is not guilty of any offence. Any person who conspires to engage another in the act of homosexuality commits an offence and shall be liable on conviction to imprisonment for ten years (10). 10. Same sex marriage. A person commits the offence of direct homosexuality if s (he) contracts a marriage with a person of the same sex and shall be liable on conviction to imprisonment for life. 11. Public Power and Collusion of Homosexuality Power lies in the people and shall be exercised accordingly in relation to the constitution of the Republic of Ghana. Under this Act, the public shall be empowered as a whistle-blower to report cases of homosexuality and other related cases for investigation. However, a reported case with one witness shall not be given much weight until proven further through any extra factual analysis. (a) Any person or persons who report (s) cases of homosexuality with substantial documents shall be made to enjoy a sum token. (b) Any person or persons who collude with another to suppress cases of homosexuality commit (s) an offence. (c) Any person who reports suspected cases of homosexuality and upon a diligent official search by the Ghana Police shall be rewarded a sum token. (d) Any person who purports to have substantial documents and information about cases of homosexuality commits no offence if found to have had false information, and which was through no intention to put the duty of the court of law into disrepute. (e) The amount of sum token to be given to the whistle- blower shall be determined by the court of Law (f) However, in extreme cases where the person or persons charged with the cases of homosexuality demand any damage or compensation from those who had initially purported to have had substantial documents, the court of Law shall proceed to unbiased rulings accordingly. Any person with information regarding cases of homosexuality, and its related offences and yet fails to disclose the information commits an offence, and shall be liable on conviction, if found to have had information as a result of his/her position, to a fine as would be determined by the court of law. SECTION IV-PROSECUTION AND JURISDICTION This Act serves as a direct supplement to the Laws of Ghana, namely the 1992 constitution of the Republic of Ghana, and the criminal code. And to give comprehensive emphasis on the “unnatural canal” phrase in the criminal code. Per the constitution of the Republic of Ghana, any law within or outside Ghana found to be inconsistent its spirit and provisions are considered null and void to the extent of their inconsistency. And in due cognizance of Ghana as a sovereign state like any other sovereign state. 12. Jurisdiction All cases of homosexuality, pursuant to the legal procedure of the Republic of Ghana, shall be trialed by the High Court, and other related cases of homosexuality trialed by the Lower courts. But in cases of extremity under the jurisprudence of the lower courts, the matter shall be referred to a superior court for their advice or judgments. 13. Extra-territorial Jurisdiction This act shall apply to all offences committed outside Ghana where: (a) A Ghanaian citizen goes abroad with the intention of evading the punishments that come along with the offences of homosexuality. (b) A Ghanaian citizen outside the territory of Ghana commits the Act of homosexuality (direct or indirect) or indulges other related activities of homosexuality. (c) A permanent resident of Ghana commits the act of homosexual which constitute an offence of homosexuality under this Act. (d) A Ghanaian citizen outside Ghana is convicted of the act of homosexuality under the laws of that country and applies for extradition. This act shall apply to all persons—Ghanaians or non-Ghanaian residing within Ghana and to all Ghanaian citizens residing outside the territorial borders Ghana. 14. Extradition A person convicted of an offence of homosexuality under this Act shall be liable to extradition under the current existing extradition laws of the Republic of Ghana. SECTION V- OTHER LEGALITIES 15. Nullification of inconsistent international treaties, protocols, declarations and conventions. (a) Any international legal instrument or documentation or backing which does not conform to the provisions enshrined in this Act shall be regarded null and void. (b) Unless otherwise stated by the details of this Act, sexual disorder or any other sexual misnomer or sexual make-up and its related activities shall by no means be used as a justification to legalize homosexuality in Ghana. (c) This act shall take due supremacy over all international laws, treaties, bonds or agreements, be it economic or political, that do not seek to come into agreement with the provisions of this Act. (d) In no way shall a majority of any charter of which Ghana is a member, pass any judgment to dominate the powers, spirits and any of the provisions, as enshrined in this Act to be null and void. 16. Regulations and Mechanisms The Chief Justice of the Republic of Ghana may, by legislative provisions make regulations and some laid down mechanisms, principally for the administration of the provisions of this Act. Our Lord of Justice shall then again by judicial intelligence determine the currency points in equivalence to the currency of the Republic of Ghana. However, in cases of indecisiveness or ambiguity a currency point shall be equivalent to one Ghana cedis (GH¢) Soli Deo Gloria Glory be to God