Do you remember the bill proposed by the Federal Executive Council to ban homosexual relationships and marriage in Nigeria and subject offenders as well as anyone who supports their cause to 5 years imprisonment? A group of human rights organizations based in Nigeria has written to the president urging him to cancel the bill. Here is the full text of the letter:

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March 22, 2006

Dear President Obasanjo,

As human rights organizations based in Nigeria, on the African continent, and internationally, we write with deep concern over a proposed bill that would introduce criminal penalties for relationships and marriage ceremonies between persons of the same sex as well as for public advocacy or associations supporting the rights of lesbian and gay people. The legislation proposed by Minister of Justice Bayo Ojo not only contravenes internationally recognized protections against discrimination, as well as the basic rights to freedom of expression, conscience, association, and assembly, but also undermines Nigeria’s struggle to combat the spread of HIV/AIDS.

Proposed law violates fundamental freedoms under the Nigerian Constitution

The broad and sweeping provisions of this proposed legislation could lead to the imprisonment of individuals solely for their actual or imputed sexual orientation in a number of ways, including for consensual sexual relations in private, advocacy of lesbian and gay rights, or public expression of their sexual identity. Anyone imprisoned under this law would be a prisoner of conscience. We urge you to disavow this proposal which contradicts fundamental freedoms under the Nigerian Constitution, international human rights law and standards, including the African Charter on Human and Peoples’ Rights.

On January 19, 2006, Minister Ojo presented to the Federal Executive Council an “Act to Make Provisions for the Prohibition of Relationship Between Persons of the Same Sex, Celebration of Marriage by Them, and for Other Matters Connected Therewith.” While the Council reportedly approved the bill, it has not yet been submitted to the National Assembly. According to a draft of the bill, the law would provide five years imprisonment for any person who “goes through the ceremony of marriage with a person of the same sex,” “performs, witnesses, aids or abets the ceremony of same sex marriage,” or “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.” Anyone, including a priest or cleric, aiding or abetting such a union would be subject to the same prison term. The draft bill would also prohibit the registration of gay organizations, any public display of a “same sex amorous relationship,” and adoption of children by lesbian or gay couples or individuals. In addition, the drift bill would invalidate same sex relationship formally entered into or recognized in foreign jurisdictions.

As you are undoubtedly aware, chapter 42, section 214 of Nigeria’s criminal code penalizes consensual homosexual conduct between adults with fourteen years’ imprisonment. Furthermore, Sharia penal codes, as introduced in northern Nigeria since 1999, continues to criminalize what is termed as ‘sodomy’, see for example Chapter III “Hudud and Hudud related offences”, Part III “Sodomy (Liwat)”, Section 128-129 of the Kano State Shari’a Penal Code Law 2000. Reinforcing this already-draconian provision with new legislation is not merely redundant, it also displays a clear intent to codify and intensify prejudice based on sexual orientation. Moreover, by criminalizing acts of peaceful expression or association in defense of lesbian and gay rights, the bill would strike at the fundamental freedoms enjoyed by all individuals in Nigeria’s long-vigorous civil society.

Proposed Law Contravenes International Law

The proposed law undermines fundamental freedoms protected under international law.

The African Charter on Human and Peoples’ Rights affirms the equality of all people. Its article 2 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 3 promises every individual equality before the law. And its article 26 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.”

The International Covenant on Civil and Political Rights (ICCPR), to which Nigeria acceded without reservations in 1993, protects the rights to freedom of expression (article 19), freedom of conscience (article 18), freedom of assembly (article 21) and freedom of association (article 22). It affirms the equality of all people before the law and the right to freedom from discrimination in articles 2 and 26. In the landmark 1994 case of Toonen v Australia, the United Nations Human Rights Committee, which monitors states’ compliance with the ICCPR, held that sexual orientation should be understood to be a status protected from discrimination under these articles. States cannot abridge the enjoyment of human rights on the basis of sexual orientation. The UN Human Rights Committee has since urged states not only to repeal laws criminalizing homosexuality but also to enshrine the prohibition of discrimination based on sexual orientation into their constitutions or other fundamental laws. Discrimination on the basis of sexual orientation is also prohibited under other international human rights treaties to which Nigeria is a state party.

This law, if passed, would seriously restrict essential freedoms as well as the activities of human rights defenders and members of civil society. The United Nations Declaration on Human Rights Defenders holds, in its article 5, 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 of the declaration affirms 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.” Indeed, the Special Representative of the U.N. Secretary General on Human Rights Defenders has specifically called attention to the "greater risks, faced by defenders of the rights of certain groups as their work challenges social structures, traditional practices and interpretations of religious precepts that may have been used over long periods of time to condone and justify violation of the human rights of members of such groups. Of special importance will be, human rights groups and those who are active on issues of sexuality, especially sexual orientation." ("Report of the Special Representative to the Secretary General on human rights defenders," UN Doc. E/CN.4/2001/94 (2001), at 89g).

Consequences for Nigeria’s struggle against HIV/AIDS

While the prevailing pattern of HIV transmission in Nigeria, as elsewhere in the continent, is overwhelmingly heterosexual, the government will only damage its own prevention efforts by driving populations already suffering stigma for their sexual conduct still further underground—not only making it more difficult for outreach and education efforts to reach them, but potentially criminalizing civil society groups engaged in that vital work. Nigeria’s AIDS prevention programs have already been distinguished by their neglect of the particular risks facing men who have sex with men (MSM). This bill would put major barriers in the path of effective prevention efforts.

Laws criminalizing homosexuality can also act as a licence to torture and ill treatment. By institutionalizing discrimination, they can act as an official incitement to violence against lesbians and gay men in the community as a whole, whether in custody, in prison, on the street or in the home. By stripping a sector of the population of their full rights, they also deprive lesbian and gay victims of human rights violations of access to redress while the abusers are allowed to continue abusing others with impunity.

This proposed legislation flies in the face of Nigeria’s obligations to the rights, and well-being, of its people. Under international human rights law, the Federal Republic of Nigeria has the obligation to promote and protect the human rights of its population, without distinction of any kind. We urge you, as President of the Federal Republic of Nigeria, to act in accordance with Nigeria’s legal obligations under international human rights law and withdraw this bill.

Sincerely,

Africa Action
United States

African Human Rights Organization
Cameroon

Alliance Rights
Nigeria

Amnesty International
International Secretariat
United Kingdom

Center for Democracy and Development
Nigeria

Centre d'Etudes et de Recherche en Droits de l'Homme - Démocratie et Justice Transitionnelle
Democratic Republic of Congo

Civil Liberties Organization
Nigeria

Global Rights
United States

Human Rights Watch
United States

International Gay and Lesbian Human Rights Commission
United States

International Commission of Jurists
Switzerland

International Service for Human Rights
Switzerland

Legal Defense and Assistance Project
Nigeria

National Black Justice Coalition
United States

Support Project in Nigeria
Nigeria

University of Pretoria - Centre for Human Rights
South Africa

CC: National Human Rights Commission
Minister of Justice
Nigerian Mission to the United Nations
Nigerian Embassy to the United States

Source: http://hrw.org/english/docs/2006/03/23/nigeri13064.htm

Well, like I said before- - -I don't support nor do I agree with gay relationships/marriages; however, I think that putting those persons in prison who partake in such a lifestyle is not right. Five years in prison? C'mon now *rolls eyes*. Abeg, focus on something that will benefit the country as a whole. Besides, they'll be faced with and engaging in penis pushing and carpet munching in prison so what exactly would locking them up accomplish? *Sighs*

b_e_b_e:

Well, like I said before- - -I don't support nor do I agree with gay relationships/marriages; however, I think that putting those persons in prison who partake in such a lifestyle is not right. Five years in prison? C'mon now *rolls eyes*. Abeg, focus on something that will benefit the country as a whole. Besides, they'll be faced with and engaging in penis pushing and carpet munching in prison so what exactly would locking them up accomplish? *Sighs*

Crap - We don't have to change The President's mind cuz His boss .

Nice response Sister Bebe ( Hahhahahha)

Honey, do you really think that your overexaggerated, opinionated views on this topic move me? Please! I don tire laughing at you o! You type with such exacerbated passion that I have to wonder about you- - hmmmm

If I were President, 5-years wont even be in the picture.

@ menike

This response was meant for you only if you were being sarcastic:

Honey, do you really think that your overexaggerated, opinionated views on this topic move me? Please! I don tire laughing at you o! You type with such exacerbated passion that I have to wonder about you- - hmmmm

Nice response Sister Bebe ( Hahhahahha)

When I first read your post, all I saw initially was the word "crap" so I immediately responded- - so my apologies if I jumped the gun.

I still stand by all that I said though- - EVERYTHING!

@Everyone

If they want they can go ahead and copy the same letter to George Bush, Tony Blair, all embassies, all Obas. We dont care.
WE DONT WANT IT. PERIOD.

We have been polluted enough.

I was in one country few years ago while they are having their Anniversary/ conference, i feel like "********" all of them.

b_e_b_e:

Besides, they'll be faced with and engaging in penis pushing and carpet munching in prison so what exactly would locking them up accomplish? *Sighs*

Haha "penis pushing". Never heard it being called that before. Anyways it's a fair point. That is excatly what goes on in prison so locking them up defeats the purpose of locking them up in the first place. If we must go down this road then a fine would probably be more appropriate.

What it comes down to is the violation of one of the most basic of human rights. If this path is continued, where will it end? Authorizing 5 years in prison for a consensual relationship is completely ridiculous. I fully support the organizations that are speaking up for the rights of all citizens. If they pass this law making it a crime to conduct a consensual relationship then it opens the door for the passage of laws further inhibiting the rights of all citizens. Discrimination at any level is a dangerous game to play. Gay and lesbian individuals are just as much citizens as any other person in Nigeria or any other country for that matter. Maybe I'm biased having lived in the US my whole life, but I thought that in this day and age we were working towards eliminating discrimination, not creating more.

Seun, thanks very much for setting up Nairaland.

I cant believe a Nigerian who lives anywhere in the world could support Gay/Lesbian in any way.

This shows, we have lost our morals in this country.

5 years is too small, it should be death by hanging.

Akolawole ur too harsh,

b_e_b_e:

@ menike

This response was meant for you only if you were being sarcastic:

When I first read your post, all I saw initially was the word "crap" so I immediately responded- - so my apologies if I jumped the gun.

I still stand by all that I said though- - EVERYTHING!

No probs Sis - Still gat luv 4 U

Akolawole:


Seun, thanks very much for setting up Nairaland.

I can't believe a Nigerian who lives anywhere in the world could support Gay/Lesbian in any way.

This shows, we have lost our morals in this country.

5 years is too small, it should be death by hanging.

very extreme.

The fact that i dont like the gay tendencies would not make me recomend jail term 4 gayz.

I cannot impose my beliefs on everybody. (some whites think all blacks should be hanged too)

Whether you live in Canada, England, America or Afghanistan, its of no importance. You may even have them as Colleagues, Friends and confidant. Nigeria don't want it PERIOD.

I am wondering if you become Nigerian President, we will surely lost all our moral values for a Westernized STUPIDITY.

menike:

No probs Sis - Still gat love 4 U

Cool!

what they should do instead is define marriage and perhaps civil unions as between a man and a women, pere!

@ Akolawole, its not like i agree wit homosexuaslity, but punishment by hanging, haba osi

Akolawole:

Whether you live in Canada, England, America or Afghanistan, its of no importance. You may even have them as Colleagues, Friends and confidant. Nigeria don't want it PERIOD.

I am wondering if you become Nigerian President, we will surely lost all our moral values for a Westernized STUPIDITY.

Forget moral values they have nothing to do here, besides Nigerians especially her governments are in no position to preach moral values without making mockery of the whole idea.

This is a matter of human and constitutional rights. There are gays in Nigeria and shouldn't be persecuted because the rest of us don't agree with their way of life.

@Demmy

We know there a proportional of thos gays and Lesbian thats why we must kick them out.

Human & Constitutional right ko! Human & Constitutional right ni!!

Oloye Demmy, Are you a gay?, Would you like your family members being one?

Human & Constitutional right ko! Human & Constitutional right ni!!

Ogbeni Kola, what are you afraid of? That gays mightl infect you?

@Akolawole

I happen to have a family member is gay, even though I am not. Let's do a comparison of your suggestion. All gay people should be booted from Nigeria. Now although this comparison will fall pitifully short because I don't believe that homosexuality is a disease. Whom else would you like to boot from Nigeria? How about all none black individuals? How about all people with AIDS? How about people with sickle cell? And where do you propose to send those individuals? Are you going to ban them from the planet as well? And if your fear is that a gay man will attempt to ask you out, I must assure you that most gay men have impecible taste, and would therefore not bother with someone such as yourself.

Akolawole:

@Demmy

We know there a proportional of thos gays and Lesbian thats why we must kick them out.

Human & Constitutional right ko! Human & Constitutional right ni!!

Oloye Demmy, Are you a gay?, Would you like your family members being one?

all blacks should be gased. Black is evil and white suprimesists hate them with a passion. Kill all motherforking blacks and wipe them off this worldcos it violates what these whites see as ideal and natural. How can a human beign that is not substandard be black?

@ Akowale some people hold the above belief. Does the fact that they dont agree that a normal humanbeign can be black constitute a reason 4 wiping all blacks. Does ur personal ideals and religious beliefs constitute the general basis 4 wiping a certain group of people out?

As somebody that does not agree with the gay idea, i would not however suggest what u r suggesting.

Hitler went after gay people to exterminate them. Then he went after jews too cos they were also subhuman to him. He might have gone after blacks too cos they were subhuman to him too.

I dont support intolerance and bigotry in any form


Besides whatz so special about NIGERIA

@ Sage

When we na talk about homosexuality make you no try use anolgy about blacks being oppressed. That one is totally different. Oxymoron in comparison.
Unless you hold faith that one is born "gay", because to me it is a choice
And Nigeria is very SPecial By the way

Ok, now the statistics shows that American based Nigerians supports Gay/Lesbians and do not agree with OBJ on the five year's jail term.

Canadian based Naija as well.

We are waiting for Uk based now.

Nice2have, whats your take on this?

@ Shanon
Your family member is a gay

Homosexuality is not a disease, its a way of life, they chose to become one.

Aids, sickecell is a condition the victim never wish for, so why are you comparing it with Gays ?

Quoting from you: Most gay men have impecible taste and would therefore not bother with somebody like you

Yes, we know they have excellent taste
Thanks for your "word of knowledge" on this thread, only the deep can call to the deep

@ Akolawole
Where u get ur statistics that Canadian and American based Nigerians support Homosexuality
Dont get it twisted I am very conservative when it comes to issues such as homosexuality, abortion, and capital punishment
Killing someone because they are gay is for me past the boundaries of ethical behaviour

You May think it is fine, but that does not mean i support in any way Homosexuality, Capiche?

@Jos,
I never meant the "death by hanging" stuff.

I thought 5 years jail is reasonable but some people here are their Spokeperson.

They believe its a norm to be Gays/Lesbian.

@Akolawole

Actually yes, my father is gay.  But as you put it, he's choosing not to live the lifestyle right now as he is with my mother and is and has always been faithful to her.  However, we have a fundamental disagreement on the idea of homosexuality which will make any discussion moot in the long run.  I don't believe that homosexuality is a choice.  I believe that living a homosexual lifestyle is a choice, I don't believe the actual feelings themselves are.  However, either way my point stands, hanging is certainly too severe and 5 years in prison seems ridiculous.  I am however, not a Nigerian, so perhaps you think my argument is invalid on those grounds alone. 

My comparison obviously fell short, so perhaps I shall try a better one.  Since you believe it is a choice, let me throw out some examples of other choices people make.  Someone who is overweight?  Someone who is dressed scantily on the streets?  All people who drive a certain make of car?  Those are all choices.  My point being, the whole idea of jailing homosexuals for 5 years is based on someone's dislike of their choice.  If you want to be all moral on it then all people who lie should also be jailed for the allotted amount of time.  I was just wondering as to where it is you feel the line should be drawn?  I believe this is a slippery slope for any nation to embark upon.  Infringing on the rights of homosexuals opens the door to infringe upon the rights of all other citizens.

Akolawole:

Ok, now the statistics shows that American based Nigerians supports Gay/Lesbians and do not agree with OBJ on the five year's jail term.

Canadian based Nigeria as well.

We are waiting for Uk based now.

Nice2have, whats your take on this?

hmm, well i have said it also before that being gay/lesbian i hate and as b_e_b_e has said why the 5 years, wont they practise it in jail unrestricted and then come out worse than when they went in.

In Trinidad homosexuality is also punishable but i dont think its a 5 year jail term, i believe the givernment approach towards homosexuality should be a reformative drive and not one for punishment, so something in the form of community service or a correctional facility will be appropriate.

thats my take on it.

Akolawole:


Quoting from you: Most gay men have impecible taste and would therefore not bother with somebody like you

Yes, we know they have excellent taste
Thanks for your "word of knowledge" on this thread, only the deep can call to the deep

@Nice2Have
Thanks for your comment, a good analysis from original "loverboy"

nicetohave:

i believe the givernment approach towards homosexuality should be a reformative drive and not one for punishment, so something in the form of community service or a correctional facility will be appropriate.

They dont take it as rubbish, they take it as a way of life and are proud to do so.

I was previldge to have a tete a tete with one of them in 1999. She told me thus " Kola, i have tasted the two and found lesbianism pleasurable" You need to see how i feel when she said that.
@Shanon
What can you say to Nice's comments ?

I have the same things to say that were said to you. And I quote:

Shannon:

I believe this is a slippery slope for any nation to embark upon. Infringing on the rights of homosexuals opens the door to infringe upon the rights of all other citizens.

Please, don't let your personal bias cloud your vision of what this could lead to in the long run. The rights of all citizens could soon be on the chopping block along with those of homosexuals.

@Shannon

Shannon:

Please, don't let your personal bias cloud your vision of what this could lead to in the long run.

What is it going to lead to Darling ?

@Akolawole

I don't pretend to know all of the tenets of the Nigerian Constitution, therefore I cannot produce a litany of examples. But think about it, this would allow imprisonment for a way of life. What other ways of life could eventually be viewed as a "crime?" This is what I meant by a slippery slope, once something like this is outlawed it opens the door for other human rights violations. I believe I already gave examples of choices.

Shannon:

Since you believe it is a choice, let me throw out some examples of other choices people make. Someone who is overweight? Someone who is dressed scantily on the streets? All people who drive a certain make of car?