Draft Same Sex Legislation in Nigeria: may criminalise activities in the defence of human rights
Front Line is extremely concerned that the draft legislation in Nigeria entitled “Bill for an Act to Make Provisions of the Same Sex, Celebration of Marriage by Them, and for Other Matters Connected Therewith” (or “Same-Sex Bill”) constitutes a form of overt discrimination against LGBTI persons and those individuals who defend LGBTI rights. This may result in serious violations of human rights, as the pending Bill criminalises any activity in relation to the defence of LGBTI rights
The primary purpose of the Same-Sex Bill is to prohibit lesbian, gay, bisexual, transgender or intersex individuals (LGBTIs) from entering into a same-sex marriage and would punish persons who aid, assist, preside over, witness or facilitate such an occasion. The Bill in its current format also imposes restrictions on the right of LGBTI persons to freely express their opinions, to assemble peacefully as well as restricting their freedom of association. The Bill is in contravention of international human rights law, as it violates several articles of the International Covenant of Civil and Political Rights (ICCPR) acceded by Nigeria without reservation in 1993, and infringes on rights afforded to human rights defenders under the United Nations Declaration on Human Rights Defenders.
In accordance with Article 7 (1) of the Bill, the registration of LGBTI organisations would also be illegal, thereby denying these individuals their rights of peaceful assembly and freedom of association afforded to everyone under Articles 21 and 22 of the ICCPR Human rights defenders who work individually or with associations to advocate for LGBTI rights will face criminal penalities under the draft Same-Sex Bill. A particular concern in relation to the proposed Bill is that individuals involved in educating the public on HIV/AIDS and promoting methods of prevention will be unable to carry out this important work, thereby potentially compromising the health of those affected by the illness as well as others within society.