LGBT Nigerians today
join all national, regional and international human rights organizations
working to protect from discrimination and violence on the basis of sexual
orientation, gender identity and expression, to call for an end impunity, violence
and discrimination on the basis of imputed or real sexual orientation, gender
identity and expression.
As a community of law
abiding Nigerians we wish to raise concerns over the Same Sex Marriage
Prohibition (SSMP) Bill which was passed by the Nigerian Senate on November 29,
2011 and passed its second reading in the House of Representatives on November
13, 2012. The bill, infused with homophobia and bigotry would expand existing
legislative penalties for people on the basis of sexual orientation and gender
identity amongst other issues cited within the bill. Its broad and sweeping
provisions would also endanger the fundamental rights of all Nigerians to privacy,
equality, and freedom from discrimination.
Homophobia continues
to be pervasive within our respective communities. Nigeria’s stance on issues
of sexual orientation and gender identity have eluded the polity that
homophobia is dangerous to our nascent democracy. It is an issue that needs be
discussed and responded to irrespective of our individual and national position
on issues of sexual orientation and gender identity.
As lesbians, gays,
bisexuals and trans citizens of our great nation, we deeply are concerned
because:
1.
Homophobia Undermines Fundamental Human Rights Protected under the
1999 Nigeria’s Constitution
Homophobia is the
precursor of the violation and abuse that some Nigerian citizens face on the
basis of their sexual orientation and gender identity. It precedes the
imposition of discriminatory and repressive laws. The proposed Same Sex Marriage (Prohibition) Bill
contains clauses to criminalize the identities and organizing of citizens who
are sexually and emotionally attracted to people of their sexes or gender includes
is a clearly a homophobic symbol that will further ignite the homophobic
atmosphere of the country and several provisions that restrict the rights of
LGBT Nigerians, as well as anyone who attempts to work with, support, or
conduct outreach to them. It imposes a 14-year prison sentence on anyone who
“[enters] into a same sex marriage contract or civil union.” Any persons who
“witness, abet and aid the solemnization of a same sex marriage or union” would
face a 10-year prison sentence. The bill imposes the same punishment on those
who “directly or indirectly make public show of same sex amorous relationship,”
or anyone who “registers, operates or participates in gay clubs, societies and organizations.”
The bill goes even further by imposing a 10-year prison term on anyone who
“supports” LGBT groups, “processions or meetings.” In doing so, the bill goes
far beyond criminalizing the lives of LGBT individuals—which in itself is not
permitted by international law—it also undermines basic freedoms enjoyed by all
Nigerians. Its hall mark is homophobia and these are fundamental rights that
were long fought to protect even before the return to democracy.
2.
Homophobia Contravenes International Human Rights Treaties and
Standards
Homophobia in the
form of proposed legislations such as the Same Sex Marriage Prohibition Bill
not only undermines the freedoms guaranteed Nigerians in accordance to the 1999
Constitution, it also breaches internationally recognized human rights,
including those contained in the African Charter on Human and Peoples’ Rights,
and the International Covenant on Civil and Political Rights, to which Nigeria
is a state party. Also, the Universal Declaration of Human Rights, which
Nigeria supports as a member of the United Nations, recognizes that everyone
has the right to freedom of expression (article 19). Homophobia is an assault
on the freedom of expression in respect to sexual orientation, gender identity
and expression.
Legislations such as
Section 214 and 215 of the Nigeria Penal Code and Section 131, 132 and 133 of
the Sharia Penal Code have led to the widespread homophobic attack on LGBT
people and reprisal of LGBT human rights defenders. In 2002, Innua Yakubu1
a student at the Government College, Jigawa, a sharia governed state was
murdered by his classmates on basis of his sexual orientation and gender
identity. Under the bill being reviewed by the House of Representatives, the
infusion of homophobia is notable in the name of the protection of public
morality and African values.
Article 4 of the SSMP
bill grossly violates the Chapter IV of the 1999 Nigerian Constitution
guaranteeing fundamental human rights. The provision of the bill infringes on
the right to the freedom of expression, the right to dignity of the human
person, right to health, to right to privacy as enshrined under the chapter IV
of the Nigerian constitution. In totality, the bill violates right to safety
and security of LGBT persons.
Homophobia and
discrimination on the basis of sexual orientation contravenes the principles of
other international human rights treaties to which Nigeria is a state party. Together
with equality before the law and equal protection of the law, the principle of
non-discrimination provided under Article 2 of the African Charter on Human and
Peoples Rights provides the foundation for the enjoyment of all human rights.
The aim of this principle is to ensure equality of treatment for individuals
irrespective of nationality, sex, racial or ethnic origin, political opinion,
religion or belief, disability, age or sexual orientation. Homophobia impacts
on this principle, as people with sexual orientation considered deviant are
marginalized and exposed to violence.
The International
Covenant on Civil and Political Rights (ICCPR) and the
International Covenant on Economic, Social and Cultural Rights (ICESCR), to
which Nigeria acceded without reservations in 1993, also guarantees the rights
to information and to freedom of expression (article 19), freedom of assembly
(article 21) and freedom of association (article 22). Articles 2 and 26 affirm
the equality of all people before the law and the right to freedom from
discrimination.
3.
Homophobia impacts on Nigeria’s Struggle to Combat the Spread of
HIV/AIDS
Discriminatory and
repressive laws are accounted for as factors driving HIV transmission amongst
men who have sex with men. Affected mostly within this sub-population are young
people between the ages of 15-29.The freedom of association and peaceful
assembly is very vital if young LGBT people are to be reached with information
and services in mitigating the impact of HIV. Article 5 of the SSMP bill shows
homophobic infusion and bigotry into the proposed legislation. It is an
indirect breach of the right to health for LGBT people by the denial of the
right to associate and assemble peacefully.
It is asserted that
sexual reproductive ill health is a precursor and consequence of poverty
(Family Care International, 2006). This accounts for approximately 20% of the
ill health of women and 14% for men due to lack of appropriate sexual health
reproductive health services (WHO 2004). Gays, bisexuals and other men who have
sex with men are among st this 14% of men. The Integrated Biological Behavioral Surveillance Survey conducted in
2010 shows an increasing rate of infection amongst men who have sex with men
who may not necessarily identify as gays or bisexuals because of the social and
political atmosphere. The survey showed a 3.3% rise in infection amongst men
who have sex with men against a 13.5% prevalence rate recorded in 2007. For full realization of the sexual
reproductive health and rights of young people, the need to speak and lead
discussion on sexual orientation and gender identity is imperative. Homophobia
affects programming for the sexual reproductive health and rights of young LGBT
people.
Nigeria has the
world’s third-largest population of people living with HIV/AIDS. Studies show
that laws criminalizing people on the grounds of sexual orientation and gender
identity pose barriers to HIV prevention, care, and treatment services. The National Agency for the Control of AIDS
acknowledged the need to target services to gays, bisexuals and other men who
have sex with men. Homophobia and the proposed
Same Sex Marriage Prohibition Bill would exacerbate current barriers to HIV
prevention in Nigeria by driving further underground a segment of the population
already criminalized on the basis of sexual orientation, gender identity, or
consensual sexual behavior, and creating additional barriers to financial support
for programs for them. Homophobia and
the proposed legislation would make it more difficult for outreach and
education efforts to reach this group and would potentially also criminalize
civil society groups engaged in vital work on HIV prevention for men who have
sex with men.
4.
Homophobia impacts on the Safety and Security of citizens
It is needful to note
that homophobia impacts on the safety and security of LGBT people in Nigeria.
The right to safety and security cannot be fulfilled if discriminatory and
repressive laws continue to abide side by side in a democratic society. It is
especially needful to note here, that the security and safety of human rights
defenders for people on the basis of imputed or real sexual orientation is of
great importance. Homophobia is a threat in the face.
Permit us to bring to
your attention cases of homophobia that have caused people their lives and livelihoods.
When in 2002, Innua Yakubu was murdered by his fellow classmates on the grounds
of his sexual orientation and gender identity, his violators were not
prosecuted. In 2011, three women in one the universities in the south-south
geopolitical zone of Nigeria were forced into sexual intercourse, beaten and
raped by their violators on the grounds of the sexual orientation. In 2004
Davis Mac Iyalla fled the country after he was attacked by a mob of angry protesters
on the grounds of his sexual orientation and his outspoken against the Church
of Nigeria stance on issues of sexual orientation and gender identity. In March
2012, an intersex man3 was lynched on the streets of Sapele, a city
in Delta State, south-south Nigeria. In post militancy Niger-Delta as well as
in other parts of the country, homophobia drives LGBT people away from seeking
information that could better their sexual reproductive health. There are
recorded instance where gay and trans identifying men have been arbitrarily
detained by non-state actors followed by extortion and blackmail. Cases of
homophobic attacks and other human rights violations on the basis of sexual
orientation and gender identity remains under reported and under recorded.
No one is being held
accountable for crimes and other forms of violence committed towards people on
the grounds of sexual orientation, gender identity and expression. Whilst there
might be a legislation that supports discrimination, the LGBT community in Nigeria
asserts that this legislations be reviewed and possibly repealed to protect the freedom of expression
of individuals, which also includes the freedom to express sexual orientation
and gender. These are freedoms and protected clauses under international
treaties and laws to which Nigeria is a state party.
Because homophobia is
pervasive, the accountability to human rights violation on the basis on sexual
orientation, gender identity and expression is non-existent in Nigeria. It is
pertinent for state actors to take action against impunity on this basis to act
as a deterrent for homophobic crimes.
In conclusion, Queer
Alliance and the LGBT community in Nigeria call for understanding, open
dialogues and discussion on issues of sexual orientation, gender identity and
expression. These are human rights that we will defend even when the cause may
seem unpopular. We urge leaders from all spheres of life and the Nigerian
government to say NO to discrimination and say YES to diversity, the respect of
African values of tolerance and hospitality towards people of different
categories. We urge the National Assembly to act in accordance with Nigeria’s
legal obligations under its Constitution and international human rights law, to
defend the democratic gains that allows for freedoms and the security and
safety for Nigerians irrespective of sexual orientation and gender identity.
