Same Sex Marriage (Prohibition) Act 2013 | |
---|---|
National Assembly | |
| |
Territorial extent | Nigeria |
Passed | 17 December 2013 |
Signed by | Goodluck Jonathan |
Signed | 7 January 2014 |
Introduced by | Bayo Ojo (PDP) |
Voting summary |
|
Status: Current legislation |
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 (Prohibition) Act 2006, was a controversial draft bill that was first put before the both houses of the National Assembly of Nigeria in early 2007. Seven years later, another draft was passed into legislation by president Goodluck Jonathan as the Same Sex Marriage (Prohibition) Act 2013. [1]
It was first placed to the National Assembly by Justice Minister Bayo Ojo on January 18, 2006, but it wasn't passed during the first reading. On January 18, 2007 the bill was approved by the FEC and resent before the National Assembly. However, it received condemnation from human rights organizations for its restrictions on freedom of speech and organization, potentially placing Nigeria at odds with several international agreements to which the country is signatory; it was also seen in Nigeria as being a last-ditch election-year effort of the Obasanjo administration to appeal to public sentiment, since the second reading of the bill was being pushed after the Senate's defeat of a bill to amend the Constitution's limit on the number of presidential terms. As a result, the bill was not passed by either house before the general election that year.[ citation needed ]
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. [2] The bill is expected to receive little or no opposition in Parliament.
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. [3] 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 associated with being gay in the country.
The overwhelming majority of Nigerians were in full support of this legislation as it reflected the desire of the people who do not see it as a fundamental human right issue. [4]
Of the few dissenting voices, one of the stiffest domestic opponents of the legislation was Davis Mac-Iyalla, a homosexual Nigerian LGBT rights advocate who heads the Nigerian chapter of Changing Attitude, an Anglican pro-LGBT organization based in the United Kingdom. Mac-Iyalla, who was repeatedly arrested by Nigerian police in pro-LGBT demonstrations in previous years, was already an opponent of Peter Akinola, the then Anglican Primate of the Church of Nigeria.
In February 2006, the United States State Department attacked the proposal. [3] 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 HIV/AIDS in Nigeria. [3] Some sources claim that Nigeria has the world's third-highest population of persons with AIDS: 3.6 million Nigerians are infected with HIV. [5] But the Nigerian governmental organisation in charge of control of HIV/AIDS cater specifically for homosexual patients through the Nigerian Diversities Network (NDN). NDN has a mission of working in partnership with all key stakeholders (including homosexual people) to significantly reduce the HIV/AIDS vulnerability. The NDN works closely with government departments through its offices in the national and state capitals. [6]
MassResistance praised the passing of the Nigerian Bill by stating Nigeria is "taking bold steps to fight back" against attempts "to subvert public morality". [7]
Despite international pressure, the Same Sex Marriage (Prohibition) Act 2013 was signed by President Goodluck Jonathan and dated January 7, 2014. US Secretary of State John Kerry said the United States is "deeply concerned" by a law that "dangerously restricts freedom of assembly, association, and expression for all Nigerians." Former coloniser Britain said, "The U.K. opposes any form of discrimination on the grounds of sexual orientation." [1] Two months later, the ban on gay marriage in the United Kingdom was lifted. [8]
The Nigerian law already had provisions making homosexual sex illegal. The 2013 Act adds to this, "A person who registers, operates or participates in gay clubs, societies or organizations, or directly or indirectly makes public show of same-sex amorous relationship in Nigeria commits an offense and is liable on conviction to a term of 10 years." [1] The bill is widely supported in Nigeria. In a survey of the U.S. Pew Research Center in 2013, 98 percent of the Nigerian respondents said society should not accept homosexuality. [9]
In 2018, LGBT activists who have worked extensively in the country on LGBT issues and court cases involving LGBT persons all agree that the law has never been used to convict anyone in any homosexuality-related cases. This, they believe, is because the law itself is incoherent. In addition, many cases involving suspected LGBT persons lack proper evidence and sometimes there’s no evidence at all. That makes it impossible for prosecutors to present a winnable case and prove that any crime has been committed. [10]
Lesbian, gay, bisexual, transgender, and queer (LGBTQ) people in Mali face legal and societal challenges not experienced by non-LGBTQ residents. Although same-sex sexual activity is not illegal in Mali, LGBTQ people face widespread discrimination among the broader population. According to the 2007 Pew Global Attitudes Project, 98 percent of Malian adults believed that homosexuality is considered something society should not accept, which was the highest rate of non-acceptance in the 45 countries surveyed. The Constitution of Mali, having possibly been influenced by the policies on LGBTQ people of its new ally Russia, has outlawed same-sex marriage since 2023, and the Malian government proposed a bill banning homosexual relations in 2024.
Lesbian, gay, bisexual, and transgender (LGBTQ) people in Ghana face severe challenges not experienced by non-LGBTQ residents. Sexual acts between males have been illegal as "unnatural carnal knowledge" in Ghana since the colonial era. The majority of Ghana's population hold anti-LGBTQ sentiments. Physical and violent homophobic attacks against LGBTQ people occur, and are often encouraged by the media and religious and political leaders. At times, government officials, such as police, engage in such acts of violence. Young gay people are known to be disowned by their families and communities and evicted from their homes. Families often seek conversion therapy from religious groups when same-sex orientation or non-conforming gender identity is disclosed; such "therapy" is reported to be commonly administered in abusive and inhumane settings.
Gay-friendly or LGBTQ-friendly places, policies, people, or institutions are those that are open and welcoming to gay or LGBTQ people. They typically aim to create an environment that is supportive, respectful, and non-judgmental towards the LGBTQ community. The term "gay-friendly" originated in the late 20th century in North America, as a byproduct of a gradual implementation of gay rights, greater acceptance of LGBTQ people in society, and the recognition of LGBTQ people as a distinct consumer group for businesses.
Canadian lesbian, gay, bisexual, transgender, and queer (LGBTQ) rights are some of the most extensive in the world. Same-sex sexual activity, in private between consenting adults, was decriminalized in Canada on June 27, 1969, when the Criminal Law Amendment Act, 1968–69 was brought into force upon royal assent. In a landmark decision in 1995, Egan v Canada, the Supreme Court of Canada held that sexual orientation is constitutionally protected under the equality clause of the Canadian Charter of Rights and Freedoms. In 2005, Canada became the fourth country in the world, and the first in the Americas to legalize same-sex marriage. In 2022, Canada was the third country in the world, and the first in North America, that statutorily banned conversion therapy nationwide for both minors and adults.
New Zealand lesbian, gay, bisexual, transgender, and queer (LGBTQ) rights are some of the most extensive in the world. The protection of LGBT rights is advanced, relative to other countries in Oceania, and among the most liberal in the world, with the country being the first in the region to legalise same-sex marriage.
Lesbian, gay, bisexual, and transgender (LGBTQ) people in Jamaica face legal and social issues not experienced by heterosexual and gender-conforming people. Consensual sexual intercourse between same-sex partners is legally punishable by up to 10 years of imprisonment in the country.
Lesbian, gay, bisexual, and transgender (LGBT) people in Nigeria face severe challenges not experienced by non-LGBTQ residents. LGBT rights are generally infringed upon; both male and female expressions of homosexuality are illegal in Nigeria and punishable by up to 14 years of prison in the conventional court system. There is no legal protection for LGBT rights in Nigeria—a largely conservative country of more than 230 million people, split between a mainly Muslim north and a mainly Christian south. Very few LGBT persons are open about their sexual orientation, as violence against them is frequent. According to PinkNews, Nigerian authorities generally target the LGBT community. Many LGBT Nigerians are fleeing to countries with progressive law to seek protection.
Lesbian, gay, bisexual, transgender, and queer (LGBTQ) rights in Costa Rica have evolved significantly in the past decades. Same-sex sexual relations have been legal since 1971. In January 2018, the Inter-American Court of Human Rights made mandatory the approbation of same-sex marriage, adoption for same-sex couples and the removal of people's sex from all Costa Rican ID cards issued since October 2018. The Costa Rican Government announced that it would apply the rulings in the following months. In August 2018, the Costa Rican Supreme Court ruled against the country's same-sex marriage ban, and gave the Legislative Assembly 18 months to reform the law accordingly, otherwise the ban would be abolished automatically. Same-sex marriage became legal on 26 May 2020.
Lesbian, gay, bisexual, transgender, and queer (LGBTQ) rights in Mexico expanded in the 21st century, keeping with worldwide legal trends. The intellectual influence of the French Revolution and the brief French occupation of Mexico (1862–67) resulted in the adoption of the Napoleonic Code, which decriminalized same-sex sexual acts in 1871. Laws against public immorality or indecency, however, have been used to prosecute persons who engage in them.
Lesbian, gay, bisexual, and transgender (LGBT) people in Armenia face legal and social challenges not experienced by non-LGBT residents, due in part to the lack of laws prohibiting discrimination on the grounds of sexual orientation and gender identity and in part to prevailing negative attitudes about LGBT persons throughout society.
Lesbian, gay, bisexual, transgender, and queer (LGBTQ) people in Tanzania face severe challenges not experienced by non-LGBTQ residents. Homosexuality in Tanzania is a socially taboo topic, and same-sex sexual acts are criminal offences, punishable with life imprisonment. The law also criminalizes heterosexuals who engage in oral sex and anal intercourse.
Uganda's lesbian, gay, bisexual, transgender, and queer (LGBTQ) rights record is considered one of the world's worst. Same-sex sexual activity is illegal for both men and women in Uganda. It was originally criminalised by British colonial laws introduced when Uganda became a British protectorate, and these laws have been retained since the country gained its independence.
Lesbian, gay, bisexual, transgender, intersex, non-binary and otherwise queer, non-cisgender, non-heterosexual citizens of El Salvador face considerable legal and social challenges not experienced by fellow heterosexual, cisgender Salvadorans. While same-sex sexual activity between all genders is legal in the country, same-sex marriage is not recognized; thus, same-sex couples—and households headed by same-sex couples—are not eligible for the same legal benefits provided to heterosexual married couples.
Lesbian, gay, bisexual, and transgender (LGBT) rights in Africa are generally poor in comparison to the Americas, Western Europe, and Oceania.
Lesbian, gay, bisexual, and transgender (LGBT) people in Seychelles face legal challenges not experienced by non-LGBTQ residents. Same-sex sexual activity has been legal since 2016, and employment discrimination on the basis of sexual orientation is banned in Seychelles, making it one of the few African countries to have such protections for LGBT people. However, LGBT people may nonetheless face stigmatization among the broader population.
Nigeria does not recognize same-sex marriages or civil unions. Homosexuality among men is punishable with up to 14 years' imprisonment in Southern Nigeria and may result in capital punishment for men in areas under Sharia Islamic law in the northern part of the country. Individuals who "perform, witness, aid or abets" a same-sex marriage may face severe penalties.
The Anti-Homosexuality Act, 2014 was an act passed by the Parliament of Uganda on 20 December 2013, which prohibited sexual relations between persons of the same sex. The act was previously called the "Kill the Gays bill" in the western mainstream media due to death penalty clauses proposed in the original version, but the penalty was later amended to life imprisonment. The bill was signed into law by the President of Uganda Yoweri Museveni on 24 February 2014. On 1 August 2014, however, the Constitutional Court of Uganda ruled the act invalid on procedural grounds.
The majority of the countries of the Commonwealth of Nations, formerly known as the British Commonwealth, still criminalise sexual acts between consenting adults of the same sex and other forms of sexual orientation, gender identity and expression. Homosexual activity remains a criminal offence in 29 of the 56 sovereign states of the Commonwealth; and legal in only 26.
The Australian Capital Territory (ACT) is one of Australia's leading jurisdictions with respect to the rights of lesbian, gay, bisexual, and transgender (LGBT) people. The ACT has made a number of reforms to territory law designed to prevent discrimination of LGBTQ people; it was the only state or territory jurisdiction in Australia to pass a law for same-sex marriage, which was later overturned by the High Court of Australia. The Australian Capital Territory, Victoria, Queensland and both South Australia and New South Wales representing a population of 85% on Australia – explicitly ban conversion therapy practices within their jurisdictions by recent legislation enacted. The ACT's laws also apply to the smaller Jervis Bay Territory.
This is a timeline of notable events in the history of non-heterosexual conforming people of African ancestry, who may identify as LGBTIQGNC, men who have sex with men, or related culturally specific identities. This timeline includes events both in Africa, the Americas and Europe and in the global African diaspora, as the histories are very deeply linked.