Same-sex marriage in Nigeria
Encyclopedia
Nigeria
recognizes neither same-sex marriage
s nor civil unions
for same-sex couples
. Homosexuality can land men up to 14 years in prison in Southern Nigeria and capital punishment
for men in areas under Sharia Islamic Law
. Proposals to constitutionally ban same-sex marriage compacted with severe penalties to those convicted of performing or participating in such, have twice surfaced. A similar bill is currently pending parliamentary approval.
On January 18, 2007 the Federal Executive Council approved a law, Same Sex Marriage (Prohibition) Act 2006
, prohibiting same sex marriages and sent it to the National assembly for urgent action. According to the Minister of Justice, Chief Bayo Ojo
, the law was pushed by President Olusegun Obasanjo following demonstrations for same sex marriage during the international conference on HIV/AIDS (ICASA) in 2005.
The proposed bill calls for five years imprisonment for anyone who undergoes, "performs, witnesses, aids, or abets" a same-sex marriage. It would also prohibit any display of a "same-sex amorous relationship" and adoption of children by gays or lesbians. The bill is expected to receive little or no opposition in Parliament. The same-sex marriage ban would make Nigeria the second country in Africa to criminalize such unions. In 2005, the Ugandan constitution was amended to ban same-sex marriage.
The same bill would also call for five years imprisonment for involvement in public advocacy or associations supporting the rights of lesbian and gay people. Included in the bill is a proposal to ban any form of relationship with a gay person. The intent of the bill is to ban anything remotely associated with being 'gay' or just gay in the country.
In February 2006, the United States State Department condemned the proposal. In March 2006, 16 international human rights groups signed a letter condemning the bill, calling it a violation of the freedoms of expression, association and assembly guaranteed by international law as well as by the African Charter on Human and Peoples' Rights
and a barrier to the struggle against the spread of AIDS
. Some sources claim that Nigeria has the world's third-highest population of persons with AIDS: 3.6 million Nigerians are infected with HIV.
Nigeria
Nigeria , officially the Federal Republic of Nigeria, is a federal constitutional republic comprising 36 states and its Federal Capital Territory, Abuja. The country is located in West Africa and shares land borders with the Republic of Benin in the west, Chad and Cameroon in the east, and Niger in...
recognizes neither same-sex marriage
Same-sex marriage
Same-sex marriage is marriage between two persons of the same biological sex or social gender. Supporters of legal recognition for same-sex marriage typically refer to such recognition as marriage equality....
s nor civil unions
Civil union
A civil union, also referred to as a civil partnership, is a legally recognized form of partnership similar to marriage. Beginning with Denmark in 1989, civil unions under one name or another have been established by law in many developed countries in order to provide same-sex couples rights,...
for same-sex couples
Same-sex relationship
A same-sex relationship is a relationship between two persons of the same sex and can take many forms, from romantic and sexual, to non-romantic close relationships. The term is mainly associated with gay and lesbian people...
. Homosexuality can land men up to 14 years in prison in Southern Nigeria and capital punishment
Capital punishment
Capital punishment, the death penalty, or execution is the sentence of death upon a person by the state as a punishment for an offence. Crimes that can result in a death penalty are known as capital crimes or capital offences. The term capital originates from the Latin capitalis, literally...
for men in areas under Sharia Islamic Law
Sharia in Nigeria
In Nigeria, Sharia has been instituted as a main body of civil and criminal law in 9 Muslim-majority and in some parts of 3 Muslim-plurality states since 1999, when then-Zamfara State governor Ahmad Rufai Sani began the push for the institution of Sharia at the state level of government.-States:As...
. Proposals to constitutionally ban same-sex marriage compacted with severe penalties to those convicted of performing or participating in such, have twice surfaced. A similar bill is currently pending parliamentary approval.
On January 18, 2007 the Federal Executive Council approved a law, Same Sex Marriage (Prohibition) Act 2006
Same Sex Marriage (Prohibition) Act 2006
The 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, also known as the Same Sex Act 2006, was a controversial draft bill that was put before the both houses of the National...
, prohibiting same sex marriages and sent it to the National assembly for urgent action. According to the Minister of Justice, Chief Bayo Ojo
Bayo Ojo
Christopher Adebayo Ojo is a former Attorney General of the Federal Republic of Nigeria. As such, he is also a past head of the Nigerian Federal Ministry of Justice. He is a legal practitioner and is licensed to practice in Nigeria, England and Wales. He is a Senior Advocate of Nigeria.-Early life...
, the law was pushed by President Olusegun Obasanjo following demonstrations for same sex marriage during the international conference on HIV/AIDS (ICASA) in 2005.
The proposed bill calls for five years imprisonment for anyone who undergoes, "performs, witnesses, aids, or abets" a same-sex marriage. It would also prohibit any display of a "same-sex amorous relationship" and adoption of children by gays or lesbians. The bill is expected to receive little or no opposition in Parliament. The same-sex marriage ban would make Nigeria the second country in Africa to criminalize such unions. In 2005, the Ugandan constitution was amended to ban same-sex marriage.
The same bill would also call for five years imprisonment for involvement in public advocacy or associations supporting the rights of lesbian and gay people. Included in the bill is a proposal to ban any form of relationship with a gay person. The intent of the bill is to ban anything remotely associated with being 'gay' or just gay in the country.
In February 2006, the United States State Department condemned the proposal. In March 2006, 16 international human rights groups signed a letter condemning the bill, calling it a violation of the freedoms of expression, association and assembly guaranteed by international law as well as by the African Charter on Human and Peoples' Rights
African Charter on Human and Peoples' Rights
The African Charter on Human and Peoples' Rights is an international human rights instrument that is intended to promote and protect human rights and basic freedoms in the African continent....
and a barrier to the struggle against the spread of AIDS
AIDS
Acquired immune deficiency syndrome or acquired immunodeficiency syndrome is a disease of the human immune system caused by the human immunodeficiency virus...
. Some sources claim that Nigeria has the world's third-highest population of persons with AIDS: 3.6 million Nigerians are infected with HIV.