22nd
December 2013
For
Immediate Press Release
Press
Statement: Queer Alliance Nigeria condemns adoption and passage of the
harmonized version of the Same-Sex Marriage Prohibition Bill (2013)
On
Tuesday 17th December 2013, Nigeria’s Senate unanimously adopted and
voted a harmonized version of the Same-Sex Marriage Prohibition Bill which bans
same-sex marriage, imposes a five year jail term for same-sex oriented people
in committed relationships, penalizes unspecified public displays of affection,
and criminalizes Lesbian, Gay, Bisexual and Transgendered (LGBT) organizations,
support groups and their allies, with the recent inclusion of banning any media
expression of such. Queer Alliance strongly condemns the adoption of this bill
and hereby calls upon the government to ensure that the constitutional rights
of all Nigerians are protected irrespective of sexual orientation and gender
identity.
Queer
Alliance notes that existing legal principles and this proposition have created
amplified conditions for unprovoked violence against LGBT people living in
Nigeria which is exploited by corrupt system and goes unchallenged by legal institutions.
Anti- human rights sentiments which include dehumanizing disgrace, beatings and
public lynching on the grounds of sexual orientation and gender identity have
become part of the jungle-justice legislative framework in Nigeria. This is
truly tragic. Not only because our youth are unjustly accused and wasted
without fair trial or the opportunity to contribute in their own strength to
the economic development of their country of birth, but that some Nigerians
choose to focus their sanctimoniousness upon an issue that does not in any way
hurt or hamper fellow compatriots, when well-known drainers of Nigeria’s purse
roam rich and free. How different would it be should they discover that these
LGBT people are their own children or close relatives?
As
a human rights organization for LGBT people in Nigeria, we are fervidly opposed
to jurisdictive attempts to criminalize LGBT people through the charade of a
ban on same-sex marriage, which no one has even asked for. It is clear that
this bill is meant to serve as a cheap distraction from much bigger issues and
to gain popular vote. Human rights are inclusive of sexual rights and these are
protected in several international human rights treaties and other consensus
documents to which Nigeria as a country pledged to uphold. We assert that the
LGBT community does not request for any ‘special’ or ‘additional rights’, but for
the observance of the same rights as those of every other Nigerian citizen. Marriage
is far from the issue here; live and let live.
Queer
Alliance will like to remind national legislators that the Same-Sex Marriage
Prohibition Bill has not made a clear distinction between Same-Sex Marriage and
the protection of the human rights of sexual minorities. Rather the harmonized
version of the bill has even moved beyond draconian. Our concerns lie in
Section 5(1-3) of the bill going against Article 2 and 3 of the African Charter
on Human and Peoples Rights which is part of our national laws and also
violates grossly, the fundamental human rights accorded to all Nigerians under
Chapter IV of the I999 Constitution.
Section 5 (1) specifies that the registration of gay clubs, societies and organizations
by whatever name they are called in institutions from secondary to the tertiary
level or other institutions in particular and, in Nigeria generally, by
government agencies is hereby prohibited. This provision of the bill violates
the principle of the right to freedom of association and peaceful assembly as
enshrined by the constitution of the country.
Section 5 (3) specifies for the
prosecution of any person who is involved in the registration of gay clubs,
societies and organizations, sustenance, procession or meetings, publicity and
public show of same-sex amorous relationship directly or indirectly in public
and in private is guilty of an offence and liable on conviction to a term of 5
years imprisonment. This provision of the bill is in direct violation of the
rights of sexual minorities to organize for the provision of their peculiar
needs particularly as it pertains to health, in a country where there is no
legal and social recognition of those peculiarities. This section of the bill
violates the principle of non-discrimination and article16 and 20 of the African
Charter on Human and People Rights which guarantees and protect the rights to
highest attainable standard of health and self-determination respectively. LGBT people have a right to
self-determination and on no grounds should these be violated inclusive of
marriage.
Though
many Nigerians may not approve of homosexuality, it does not thus require an
outright ban on this human state of being. Much as we have learnt to overcome
our tribal and religious differences to tolerate and accept each other despite
them, we can also do the same with these well-meaning citizens of all caliber
and professions that happen to be homosexual. As concerned Nigerians we would love
to see laws that address the rampage of violence in our society, tackle unemployment,
enforce political accountability and provide affordable healthcare for all. Not
long ago were laws that oppressed humans on the basis of race, tribe and gender
in Africa were overturned due to the recognition of their right to be human,
free to contribute up to their full potential to society. Human rights
promotion and protection is in itself a tool for the development that we yearn
for as a nation. This bill will not keep homosexuality from existing any longer.
It will rather cause further self-hate, abuse and malicious attacks on people
who are simply minding their own business. Nigeria has a duty to protect all
her citizens, regardless of sexual orientation and gender identity.
We
at Queer Alliance are standing in the gap for Nigerian LGBT citizens and urge
you to again revisit the bill with the following considerations:
1.
Respect
and recognize the constitutional rights of all Nigerians, inclusive of LGBT
people, and act in accordance with the constitution, the African
Charter on Human and Peoples Rights, and other international treaties that call
for respect of human rights and non-discrimination on the basis of gender and
sexuality to which Nigeria is a signatory;
2.
Draw
a clear distinction between same sex marriage and the human rights for all Nigerians
irrespective of sexual orientation and gender identity.
Queer
Alliance use this medium to call on individuals and institutions to join voices
and action to strengthen the rule of law and the protection of the human rights
for all Nigerians. In particular, we challenge religious and traditional
institutions to support efforts in entrenching a culture of human rights in
Nigeria even when these issues conflict with their faith.
As
an organization, Queer Alliance commits to creating a strong human rights
philosophy in Nigeria and pledge to continue to support the struggles of
marginalized groups in ensuring that their rights and freedoms are protected.
Signed
Queer
Alliance Nigeria
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