Oppressed Regimes – Anti LGBT+ Sentiment in Nigeria

The UNHCR for years has been clear for many years that sexual orientation is understood to be a status protected from discrimination. What we see in Nigeria is a stacked contract to the above position.

I have represented a number of Nigerian client’s seekers claiming asylum on the basis of their sexual orientation. Often these are normal people looking to mind their business and get on with life. In all these people I have met there is always one thing that run through their story – they live on the margins of society. Their demeanour will usually give it all out. you find their confidence level low or shot into pieces. The reason for this is the hostility and intense anti – LGBT+ sentiment directed at them.

If you ask a gay person what is or are their fears; violence directed to them is a daily phenomenon. Everyone knows somebody who has lost his life because of violence and in discriminated attacks on LGBT persons or suspected person. General altitude to homosexuality is abhorrence which means for the people even in times of difficulty there is hardly anybody to fall on. You cannot report an attack to the police because will could be arrested treated as a criminal, you cannot report to the family because you will be blowing your cover as taking part in evil which cannot be entertained or accepted.

Nigeria has never been receptive to homosexuality; however, the introduction of the Same – Sex Marriage (prohibition) Act in 2014; fundamentally changed it all. This law criminalizes the lives of gay and lesbian people, but the damage it would cause extends to people attitude to LBTQ minority.

This law has served to further marginalize an already stigmatized population, driving them underground and imperiling their rights and their health.

The law imposes a 14-year prison sentence

  • on anyone who “[enters] into a same-sex marriage contract or civil union,”
  • a 10-year sentence on individuals or groups, including religious leaders, who “witness, abet, and aid the solemnization of a same-sex marriage or union.”
  • imposes a 10-year prison sentence on those who “directly or indirectly make a public show of a same-sex relationship and anyone who “registers, operates, or participates in gay clubs, societies, and organizations,” including supporters of those groups

Human Right watch and civil societies in Nigeria have since observed that the law is making it difficult for LGTB persons to access support services as no body or group of persons wants to be accused of a crime for associating or operating with LGTB+ group.

Nigeria has the world’s third-largest number of people living with HIV/AIDS, and its National Agency for the Control of AIDS has recognized the need to target vulnerable groups in HIV/AIDS outreach efforts, including people who engage in same-sex conduct. The law will hinder their efforts by criminalizing those who conduct outreach to LGBT groups. By banning undefined “gay meetings,” it could also criminalize programs funded by major donors that provide education on HIV prevention and health for men who have sex with men.

Clients I have acted have often cited access to health facilities as one of their biggest challenge as they would not be allowed to access facilities if it turns out they are gays. The law contradicts fundamental freedoms under international human rights treaties and standards, which the Nigerian Constitution incidentally also guarantees. The Nigerian Constitution, under section 40, guarantees that: “Every person shall be entitled to assemble freely and associate with other persons, and in particular he may form or belong to any political party, trade union, or any other association for the protection of his interests. Section 17 affirms that “every citizen shall have equality of rights, obligations, and opportunities before the law.”

UK government recognizes the situation of LGBT+ minority in Nigeria and considers application for Asylum and protection on the basis of sexual orientation.

At ECA Lawyers we support people to live their lives freely, to be open and proud of their sexual orientation. If member of the LGBT+ community and you need our help you contact us on 01134579835.

blank