Nigeria bids to criminalise same-sex marriage
New law violates Nigerian constitution and international human rights law
London, USA and Abuja - 18 October 2011
Following
failed attempts in 2006 and 2008, Nigerian lawmakers are resurrecting a
version of a widely condemned anti-homosexuality bill, now entitled:
“An Act to Prohibit Marriage between Persons of Same Gender,
Solemnization Of Same And For Other Matters Related Therewith”.
Read the bill here:
http://www.nass.gov.ng/nass/legislation2.php?search=marriage+&Submit=Search
“The
new Nigerian bill aims to further criminalise same sex relationships
and marriage,” said Nigerian Yemisi Ilesanmi, coordinator of the
campaign: Nigerian LGBT in Diaspora Against Same Sex Laws.
“Lawmakers
are fast tracking the bill. The bill has already passed its second
reading. A public hearing is scheduled for Monday 31 October, 2011.
However, there are concerns within the Nigerian LGBT community that the
recent bomb blasts in the country would be used as a pretext to deny
public access to the hearing.
“Under Nigeria’s criminal
code and penal code, consensual same sex conduct between adults is
already a criminal offence carrying up to 14 years imprisonment and in
some parts of the country, the death penalty under Sharia law.
“The
proposed bill violates fundamental human rights that are guaranteed
under the Nigerian constitution and various human rights international
agreements that Nigeria is a signatory to.
“This bill
would lead to harassment of people for their actual or imputed sexual
orientation. It would also stifle freedom of expression and association
through the proposed ban on organizations that support lesbian and gay
rights.
“The passing of the bill would give official
validation to the harassment of sexual minorities and many homophobic
persons would use it as a license to discriminate against lesbians and
gays,” said Ms Ilesanmi.
The bill states -
1.–(1) Marriage Contract entered between persons of same Gender is hereby prohibited in Nigeria.
(3)
Marriage Contract entered between persons of same gender by virtue a
certificate issued by a foreign country shall be void in Nigeria, and
any benefits accruing there from by virtue of the certificate shall not
be enforced by any court of law in Nigeria.” It further states: “Same
Gender Marriage” means the coming together of persons of the same sex
with the purpose of leaving together as husband and wife or for other
purposes of same sexual relationship.”
http://www.nass.gov.ng/nass/legislation2.php?search=marriage+&Submit=Search
Nigerians and Allies Speak Out Against the Bill
Some
human rights organizations in Nigeria have condemned the bill, The
Coalition for the Defense of Sexual Rights in its press statement said:
“We wish to remind the parliament that, Nigeria is a secular state.
Therefore, implicating that laws of our land cannot and should not be
drafted and/or enact on the basis of religious and cultural value. This
value already differ as Nigeria is a heterogeneous society, hence our
federal system of government.”
Women Advocates Research
and Documentation Center argues that: ”the bill violates the fundamental
rights guaranteed under Nigerian law and other regional and
international human rights norms signed and adopted by Nigeria, people
must have a right to be who they want to be ! There are other pressing
issues that the government should focus on than a discriminatory law of
this nature!”
International Center on Advocacy on Rights
to Health (ICARH) stated: “LGBTI Rights are Human Rights. Let us stand
up for Equal Rights.”
A petition was created by Yemisi
Ilesanmi, Coordinator of the campaign Nigerian LGBT in Diaspora Against
Same Sex Laws - Link to the petition:
http://www.change.org/petitions/nigeria-stop-the-anti-same-sex-marriage-bill-decriminalize-same-sex-love
Justice
for Gay Africans, a UK-based collaborative of activists, artists, and
academics wrote on the petition: “Please sign this all... it is
essential to make sure we use the democratic access we have to affect
how our communities are governed”
John Adewoye, a Nigerian in USA wrote: “I am gay, not a criminal”
Davis
Mac-Iyalla a Nigeria born Gay/Human Rights Defender based in London
said, “Homosexuality is currently illegal in Nigeria, this bill if
passed will lead to increased arrests and abuse of anyone suspected to
be gay. It’s my nature to be Gay so stop using the law to oppress me and
my nature.”
Rowland Jide Macaulay, a Christian Theologian
and Founder of House of Rainbow Fellowship an inclusive Christian
organisation, wrote: “I am Gay, Proud Nigerian, my family love me and we
love our nation. This bill will not only criminalise gays and lesbian,
it will dehumanise and break up families.”
The Nigerian
LGBT community, with international support, has been successful in
quashing this bill twice, but now needs international support to throw
out this bill once and for all.
In its latest international newsletter, the UK trade union, UNISON, wrote:
“The
proposed bill violates fundamental human rights that are guaranteed
under the Nigerian constitution and numerous human rights international
agreements that Nigeria has ratified. The passing of the bill would
legitimize the rampant incidences of homosexual-targeted hate crimes
that occur in Nigeria. It would also give official validation to the
social and political harassment of sexual minorities. UNISON denounces
this attempt to curtail basic human rights within the LGBT community and
their allies. We are asking members to please sign this petition urging
the Nigerian government to decriminalize same sex relationships, stop
the proposed bill and uphold the fundamental human rights of lesbian,
gay, bisexual and transgender people in Nigeria.
Peter
Tatchell, Director of the human rights lobby, the Peter Tatchell
Foundation, wrote: “This proposed new law violates the African Charter
on Human and People's Rights and other international human rights laws
that Nigeria has signed and pledged to uphold.”
Full link to the petition:
http://www.change.org/petitions/nigeria-stop-the-anti-same-sex-marriage-bill-decriminalize-same-sex-love
Quotes from Nigerian Law-makers supporting the Bill
The
sponsor of the bill, Senator Domingo Obende, in his lead debate
observed: “Even the Muslim religion forbids it, Christianity forbids it
and the African traditional religion forbids it.” He argued that “The
legalization of same sex marriage in our country will make the next
generation never to recover from the law of committed God fearing
family. Same sex marriage is spreading and spreading round the whole
world just like pornography and terrorism which has become the order of
the day if not arrested on time.”
Senator Victor Lar in
his argument stated: “The essence of marriage is for procreation and if
we allow same sex there will be no procreation and continuity and we
may become the last set of senators and no others to take over from us. I
want to say that anybody who is brought up as a proper African and who
believes in the existence of a supreme being should condemn this same
sex marriage and pass this bill expeditiously.”
George
Thompson Sekibo argued that. “The purpose of marriage according to the
Bible is to replenish the earth, to procreate. If we permit marriage to
be carried out between man and man or between woman and woman, the
essence of that Biblical injunctions will not be in existence again,
instead of replenishing the earth, instead of bringing up people that
will serve the biblical injunctions, which is the main purpose of our
creation, we will be reducing the earth. In the book of Leviticus, it
says that if a man lays with a beast he should be stoned to death and if
a man lays with a man he should also be stoned to death, that means
that it is a very strong law. So, I stand to support this bill that our
country should not be allowed to practice it at all even if to mention
it in a public because it is a taboo.”
Senator Emmanuel
Bwacha argued that “Going by the legacies bequeathed this nation by our
fore fathers, there would have not been any need to be standing here and
debating this bill but developments in the other parts of the world
have made it necessary for issues like this. From all indications, both
the Christian and Muslim religions abhor same sex marriage. It is simply
a desecration of our cultural and traditional values. We are found of
copying values from the West in the name of modernity. It is really
unthinkable to see a man say this is my wife when he is talking about a
fellow man. We must quickly speak out because this culture is quickly
creeping into our tradition. These are things we never thought of before
but because of the changing times we must stand firm against them. So, I
stand in support of this bill that we must stand firm against the same
sex marriage.”
Senator Oluremi Tinubu in her support of
the bill stated “As earlier said, the family is the bedrock of every
society and if we allow same sex marriage there will be so much
confusion not only to our children but the society at large. Same sex is
wrong morally, it is wrong religiously but at the same time we have a
lot to offer our children. One is to make sure that we live as good
examples to them, we show them the joy of marriage. I wholeheartedly
support this bill but at the same time every member of this society has
to do something for this generation and if we look at it medically at
old age it turns to mental problems for those of them that engage in
this act. Same sex marriage is totally wrong and it is confusing our
children.”
Senator Robert Ajayi Borofice observed “I want
to make a new argument and this is biological. One of the things
required in marriage is cultivation where the male sex cell and female
sex cell come together to generate a new individual and in the process a
lot of biological changes take place to define what comes out and that
is what gives us a better new generation. So, anything that encourages
marriage of same sex will not only terminate the process of producing
better and more sociable, intellectual generation to face the challenges
of our environment. People who are involved in either homo-sexuality or
lesbianism have argued that it is their gene that introduces them to
this social deviant behaviour, but we also know that alcoholism also has
some genetic contents and that criminality also has some genetic
inputs, society has not gone to legalise either alcoholism or
criminality. So, on the basis of this I am supporting the bill that
marriage of same sex should be prohibited.”
Links:
http://www.boxturtlebulletin.com/2011/09/28/37473
http://www.nass.gov.ng/nass/legislation2.php?search=marriage+&Submit=Search
http://www.nass.gov.ng/nass/legislation.php?id=1212
The
Nigeria LGBT in Diaspora against Anti Same Sex Laws is an independent
campaign body comprising of Nigerian LGBT individuals and organisations
in diaspora to protest criminalization of same sex relationship in
Nigeria.
More information:
YEMISI ILESANMI
Coordinator - Nigerian LGBT in Diaspora Against Anti Same Sex Laws
Email-
nanfs2001@yahoo.com
Davis Mac Iyalla
Email-
dmaciyalla@gmail.com
John Adewoye
Email-
teju9999@yahoo.com
Sexual orientation describes a pattern of emotional, romantic, and/or
sexual attractions to the opposite sex, the same sex, both, or neither, and the
genders that accompany them. By the convention of organized researchers, these
attractions are subsumed under heterosexuality, homosexuality, bisexuality, and
asexuality. The current consensus among scholars is that sexual orientation is
not a choice. Research over several decades has demonstrated that sexual
orientation ranges along a continuum, from exclusive attraction to the opposite
sex to exclusive attraction to the same sex.
