Why this is Important
The Nigerian lawmakers are attempting to pass a bill titled “An Act to Prohibit Marriage between Persons of Same Gender, Solemnization Of Same And For Other Matters Related Therewith” The bill aims to further criminalized same sex relationship and marriage.
Under Nigeria’s criminal code and penal code, consensual same sex conduct between adults is a criminal offense. Chapter 42, section 214 of Nigeria’s criminal code provides a sentence of fourteen years imprisonment for "carnal knowledge against the order of nature". The Sharia law, widely practiced in Northern Nigeria prescribed death penalty for homosexual conducts.
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 could lead to political and social harassment of people for their actual or imputed sexual orientation. It could also stifle freedom of expression and association through the proposed ban on organizations that support Lesbians and gay rights.
The bill could further affect Nigeria Human rights records, many including the police would use it as a license to intimidate and harass citizens based on their actual or suspected sexual orientation. 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. Hate crime are not uncommon in Nigeria.
Please sign the letter below to urge Nigerian lawmakers to decriminalize Same sex relationship, stop the proposed anti same sex marriage bill and uphold fundamental human rights of Lesbians, Gays, Bisexuals transsexuals in Nigeria. Thank you.
here is a letter you can copy to send to them as well:
NIGERIA: STOP THE ANTI SAME SEX MARRIAGE BILL, DECRIMINALIZE SAME SEX LOVE!
Dear Nigerian Lawmakers,
I just signed the following petition addressed to: NIGERIA LAWMAKERS, SENATE PRESIDENT, HUMAN RIGHTS COMMITTEE MEMBERS, NATIONAL HUMAN RIGHTS COMMISSION.
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LGBT RIGHTS ARE HUMAN RIGHTS! STOP THE ANTI SAME SEX MARRIAGE BILL, DECRIMINALIZE SAME SEX LOVE!!
It is with deep concern that I signed this petition to register my dismay at the proposed Bill titled “An Act to Prohibit Marriage Between Persons of Same Gender, Solemnization of Same and for Other Matters Related Therewith” sponsored by senator Domingo Obende. This bill contradicts fundamental human rights under Nigeria constitution, international and regional human rights law and standards e.g.
• Nigeria Constitution- Section 42 prohibits discrimination against any person on the basis of sex or membership of a group. Also, Section 34 guarantees the right to the dignity of the human person; it states “Every individual is entitled to respect for the dignity of his person, and accordingly no person shall be subjected to torture or to inhuman or degrading treatment;”
•The African Charter on Human and Peoples' Rights – This regional law affirms the equality of all people. Article 2 of the law states: "Every individual shall be entitled to the enjoyment of the rights and freedoms recognized and guaranteed in the present Charter without distinction of any kind such as race, ethnic group, color, sex, language, religion, political or any other opinion, national and social origin, fortune, birth or other status." Article 26 of the law prescribes that "Every individual shall have the duty to respect and consider his fellow beings without discrimination, and to maintain relations aimed at promoting, safeguarding and reinforcing mutual respect and tolerance."
•International Covenant on Civil and Political Rights (ICCPR) - Article 2 and 26 affirm the equality of all people before the law and the right to freedom from discrimination. Articles 18 and 19 protect the rights to freedom of expression and Conscience. Also Articles 21 and 22 protect Freedom of Assembly and Freedom of Association.
•United Nations Declaration on Human Rights Defenders - Article 5 of this declaration affirms that "everyone has the right, individually and in association with others, at the national and international levels: a) to meet or assemble peacefully; b) to form, join and participate in non-governmental organizations, associations or groups." Article 7 also states that “Everyone has the right, individually and in association with others, to develop and discuss new human rights ideas and principles and to advocate their acceptance."
Sodomy law is a relic from British colonization. The British parliament and many of its former colonies e.g. Canada, Australia, South Africa and India have repealed the law. Why is Nigeria clinging and seeking to strengthen this antiquated law through the proposed Anti-same sex relationship bill?
The argument that any sexual act or relationship that deviates from the standard heterosexual norm is against African culture is using “culture” to sanction the erasure of dialogue about alternative sexualities and to condone homophobia, therefore constituting a form of cultural violence. A society that stifles sexual and gender identities discourages the recognition of human dignity. LGBT rights are human rights-
• Say NO to the passage of this bill.
• Repeal Sodomy laws and other criminal provisions against consensual same-sex relationships
• Protect and uphold the human rights of Lesbians, Gays, Bisexuals, Transsexuals and human rights defenders in Nigeria.
I hope you agree with me that States should be responsible for respecting, protecting and enabling human rights and not the limitation and violation of human rights of its citizens. Thank you for listening.
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Sincerely,
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LGBT RIGHTS ARE HUMAN RIGHTS! STOP THE ANTI SAME SEX MARRIAGE BILL, DECRIMINALIZE SAME SEX LOVE!!
It is with deep concern that I signed this petition to register my dismay at the proposed Bill titled “An Act to Prohibit Marriage Between Persons of Same Gender, Solemnization of Same and for Other Matters Related Therewith” sponsored by senator Domingo Obende. This bill contradicts fundamental human rights under Nigeria constitution, international and regional human rights law and standards e.g.
• Nigeria Constitution- Section 42 prohibits discrimination against any person on the basis of sex or membership of a group. Also, Section 34 guarantees the right to the dignity of the human person; it states “Every individual is entitled to respect for the dignity of his person, and accordingly no person shall be subjected to torture or to inhuman or degrading treatment;”
•The African Charter on Human and Peoples' Rights – This regional law affirms the equality of all people. Article 2 of the law states: "Every individual shall be entitled to the enjoyment of the rights and freedoms recognized and guaranteed in the present Charter without distinction of any kind such as race, ethnic group, color, sex, language, religion, political or any other opinion, national and social origin, fortune, birth or other status." Article 26 of the law prescribes that "Every individual shall have the duty to respect and consider his fellow beings without discrimination, and to maintain relations aimed at promoting, safeguarding and reinforcing mutual respect and tolerance."
•International Covenant on Civil and Political Rights (ICCPR) - Article 2 and 26 affirm the equality of all people before the law and the right to freedom from discrimination. Articles 18 and 19 protect the rights to freedom of expression and Conscience. Also Articles 21 and 22 protect Freedom of Assembly and Freedom of Association.
•United Nations Declaration on Human Rights Defenders - Article 5 of this declaration affirms that "everyone has the right, individually and in association with others, at the national and international levels: a) to meet or assemble peacefully; b) to form, join and participate in non-governmental organizations, associations or groups." Article 7 also states that “Everyone has the right, individually and in association with others, to develop and discuss new human rights ideas and principles and to advocate their acceptance."
Sodomy law is a relic from British colonization. The British parliament and many of its former colonies e.g. Canada, Australia, South Africa and India have repealed the law. Why is Nigeria clinging and seeking to strengthen this antiquated law through the proposed Anti-same sex relationship bill?
The argument that any sexual act or relationship that deviates from the standard heterosexual norm is against African culture is using “culture” to sanction the erasure of dialogue about alternative sexualities and to condone homophobia, therefore constituting a form of cultural violence. A society that stifles sexual and gender identities discourages the recognition of human dignity. LGBT rights are human rights-
• Say NO to the passage of this bill.
• Repeal Sodomy laws and other criminal provisions against consensual same-sex relationships
• Protect and uphold the human rights of Lesbians, Gays, Bisexuals, Transsexuals and human rights defenders in Nigeria.
I hope you agree with me that States should be responsible for respecting, protecting and enabling human rights and not the limitation and violation of human rights of its citizens. Thank you for listening.
----------------
Sincerely,
[Your name]
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/
Sign the petition against the ban on same-sex marriage
http://www.change.org/
"The new Nigerian bill aims to further criminalise same sex relationships and marriage," said Nigerian Yemisi Ilesanmi, coordinator of the campaign: Nigerian LGBT in the Diaspora Against Anti Same Sex Laws.
"Lawmakers are fast tracking the bill. The bill has already passed its second reading. A public hearing is scheduled for Monday 31st October, 2011. However, there are concerns within the Nigerian LGBT community that the recent bomb blasts in the country could 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."
Read the Bill in full here:
http://www.nass.gov.ng/nass/
More information:
YEMISI ILESANMI
Coordinator - Nigerian LGBT in the Diaspora Against Anti Same Sex Laws
Tel- +44 (0) 7577749875
Email- nanfs2001@yahoo.com
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 the Diaspora Against Anti Same Sex Laws. Read and sign the petition here: http://www.change.org/
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."
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