WAS Statement: Nigeria’s Prohibition of Same-Sex Marriage Bill Violates Human Rights
- WAS Digital
- Nov 30, 2011
- 2 min read
Updated: Jul 24
PRESS RELEASE
[London, United Kingdom] – The World Association for Sexual Health (WAS) strongly condemns Nigeria’s Prohibition of Same-Sex Marriage Bill, which imposes harsh penalties—including up to 14 years in prison — for same-sex marriage, cohabitation, or advocacy. This legislation flagrantly violates international human rights principles and contradicts Nigeria’s obligations under both the African Charter on Human and Peoples’ Rights and its own constitution.
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30 November 2011
On 29th November 2011, in Nigeria, the Prohibition of Same-Sex Marriage Bill went unopposed through the Senate – the country’s highest chamber. Under the new bill, same-sex couples entering into either marriage or cohabitation would face jail terms of up to 14 years.
Those “witnessing” or “abetting” such relationships would also face custodial sentences, and groups that advocate for gay and lesbian rights could also be penalized for up to 10 years. The bill as approved, criminalizes the provision of HIV prevention intervention services for sexual minorities in Nigeria since CSOs and NGOs providing these services would be considered to be “aiding” and “abetting”.
Nigeria is one of 53 African countries that have ratified/acceded to The African Charter on Human and People’s Rights (also known as the Banjul Charter) an international human rights instrument that is intended to promote and protect human rights and basic freedoms in the African continent.
The Charter recognizes that the right to equality, freedom from discrimination and association, freedom of information and expression, and freedom from cruel, inhuman or degrading treatment or punishment are regarded as universally accepted civil and political rights. The Prohibition of Same-Sex Marriage Bill infringes on these rights and is thus discriminatory and in breach of the charter.
In light of Nigeria’s international human rights obligation plus the Nigerian constitution which provides for human rights promotion, Nigeria is in direct violation of its own laws. (The Initiative for Equal Rights, Nigeria.)
The World Association for Sexual Health endorses the recent resolution of the United Nations Human Rights Council (HRC June 17 2011) on the rights of homosexual and transgendered individuals which calls for an end to sexual discrimination and recognizing the matter as a “priority issue” of the U.N.
Therefore we urge the immediate dismissal of this bill and demand that Nigeria honors its commitment to human rights.
The World Association for Sexual Health (WAS) rejects all and any form of discrimination based on sexual orientation.
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About WAS
WAS promotes sexual health throughout the lifespan and through the world by developing, promoting and supporting sexology and sexual rights for all. WAS accomplishes this by advocacy actions, networking, facilitating the exchange of information, ideas and experiences and advancing scientifically based sexuality research, sexuality education and clinical sexology, with a multi and trans-disciplinary approach. WAS represents over 100 sexological and sexual health organisations around the world.
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