| For a summary of Nigeria’s review at the first cycle please click here. |
17th UPR session
Date of review: 22 October 2013
Date of report adoption: 20 March 2014
Working Group report: A/HRC/25/6
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SUMMARY SOGIESC issues during Nigeria’s 2nd UPR review |
I. Key issues/recommendations identified by NGOs
- Combat gender-based stereotyping, discrimination and violence, and take sustained measures to modify or eliminate stereotypes and negative traditional values and practices;
- Review and amend laws and propositions that might be used to discriminate on the basis of sexual orientation and gender identity;
- Establish an independent human rights reporting mechanism, accessible to all persons in Nigeria regardless of discrimination of any kind, including on the basis of gender, age, religion, sexual orientation or gender identity;
- Review the report of the High Commissioner on sexual orientation and gender identity and give consideration to implementing the recommendations therein.
II. Excerpts from input reports
National report
IV. Implementation of accepted recommendations in the first cycle of the review
Recommendation 12 (Legalization of same marriage)
48. Nigeria does not accept this recommendation because same-sex marriage is against its national values. Recent polling data suggests that 92% of Nigerians support the Anti Same-Sex Marriage Bill passed by the Senate.
49. The Marriage Act defines marriage as a relationship between a man and a woman. Christianity and Islam, which are the major religions in Nigeria, also recognize marriage as relationship between a man and woman. Same-sex marriage is not in the culture of Nigerians.
50. Sexual and gender minorities are not visible in Nigeria and there is no officially registered association of gays and lesbians. In writing this report, a consultation and validation process was held with various stakeholders where the issue of same-sex marriage was brought up, and the general view of the participants was that same-sex marriage was not a human rights issue in Nigeria.
Compilation of UN information
III. Implementation of international human rights obligations, taking into account applicable international humanitarian law
E. Freedom of religion or belief, expression, association and peaceful assembly, and right to participate in public and political life
45. In 2011, the special rapporteurs on freedom of expression, freedom of peaceful assembly and of association, health, and human rights defenders sent a communication regarding alleged restrictions on the rights to freedom of association and of peaceful assembly of groups defending lesbian, gay, bisexual and transgender (LGBT) rights. They referred to reports that, Nigeria’s Senate had passed the “Same-Gender Marriage” Bill on 29 November 2011. If adopted, the Bill could put a wide range of people at risk of criminal sanctions. It could be used to prevent LGBT individuals, as well as those perceived as belonging to any of these groups, and those that bring support to them, from associating or assembling freely.
46. In his observations, the Special Rapporteur on freedom of peaceful assembly recommended that Nigeria revise the “Same-Gender Marriage” Bill to ensure it complied with international human rights law. In 2013, the Special Rapporteur on human rights defenders stressed that the new law would have profoundly negative consequences for the work of human rights defenders working on issues related to sexual orientation and gender identity, as well as the ones engaged in the promotion and protection of the right to health.
Summary of stakeholders’ information
I. Information provided by the accredited national human rights institution of the State under review in full compliance with the Paris Principles
B. Implementation of international human rights obligations, taking into account applicable international humanitarian law
6. NHRC stated that there was discrimination of women, much of which emanated from cultural and religious beliefs. Domestic and gender-based violence was endemic with sexual violence being on an increase.
II. Information provided by other stakeholders
C. Implementation of international human rights obligations, taking into account applicable international humanitarian law
1. Equality and non-discrimination
34. Joint Submission 3 (JS 3) stated that Nigeria should amend all laws and policies, and stop practices that discriminated on the basis of sexual orientation and gender identity; and that Nigeria must undertake legislative and policy measures that promote acceptance to homosexual and diverse gender identity.
35. CHRI stated that in November 2012, the House of Representatives unanimously passed a second reading of the Same-Sex Marriage (Prohibition) Bill. If this Bill is passed it would further entrench discrimination against persons based on sexual orientation.
36. JS 3 stated that Nigeria must release all persons imprisoned or detained on the grounds of their sexual orientation or gender identity. Also, Nigeria must end impunity by prosecuting those who allegedly violate the rights of LGBTI persons.
37. JS 3 called on Nigeria to raise public awareness of the diverse sexual orientations and gender identities and provide education programmes. JS 3 also called for the raising of such awareness through national debate, education and training.
4. Right to privacy
70. HRW stated that consensual homosexual conduct was criminalised under Nigeria’s criminal penal code, punishable by a maximum of 14 years imprisonment. The Sharia penal code which applied to Muslims in many northern states criminalized consensual homosexual conduct, punishable by caning, imprisonment or death by stoning.
III. References to SOGI during the Working Group review
I. Summary of the proceedings of the review process
A. Presentation by the State under review
16. The Delegation stated that the issue of sexual orientation did not enjoy consensus within the United Nations human rights system and all attempts to integrate sexual orientation into existing universally recognized human rights have so far failed. The overwhelming majority of Nigerians objected to same sex relationship based on their deep religious, cultural and moral orientations, against which no government could successfully legislate. There was no policy or practice of witch-hunting people based on their sexual orientation.
B. Interactive dialogue and responses by the State under review
69. The Delegation stated that Nigeria did not accept recommendations on same-sex marriage because it conflicted with national and cultural values. A poll conducted in 2011 reflected that 92 percent of the people were same-sex marriage.
113. Spain expressed concern about the Anti-Same-Sex Marriage Bill, and asks how Nigeria will guarantee such rights since they are recognized in the Constitution. It made recommendations.
126. The United States of America The United States of America condemned insurgent attacks and was concerned about reports of human rights violations by security forces. Nigeria’s statement that LGBT persons were not visible in Nigeria was disappointing. It made recommendations.
IV. Conclusions and/or recommendations
The following recommendations enjoyed the support of Nigeria:
134.45 Undertake measures, including through human rights education and training, to modify traditional practices that are in conflict with human rights standards which guarantee equality between men and women (Costa Rica);
134.46 Step up efforts aimed at eliminating harmful cultural practises, which hamper the full respect for the human rights of women (Paraguay);
134.47 The national report makes it clear that harmful traditional practices are deeply rooted in the culture of the Nigerian peoples; we therefore encourage the Nigerian government to intensify its efforts in the field of human rights education to eradicate this problem that only seems to weaken the development prospects in this country (DRC).
136.8 Continue awareness-raising campaigns to eradicate harmful traditional practices and introduce sex education in the school curricula (Slovakia).
The following recommendations did not enjoy the support of Nigeria:
138.1. Amend and review all legislation and policies, including the Same Sex Marriage Bill, with a view to de-criminalize LGBTI persons (Austria);
138.2 Revise laws discriminating against LGBTI persons, including refraining from signing into law any new legislation criminalizing LGBTIs (Czech Republic);
138.3 Establish policies and procedures that protect the human rights and security for all Nigerians including LGBT persons, their families and associates (United States of America);
138.4 Ensure the universality of human rights, safeguarding and protecting human rights of all Nigerians irrespective of gender, age, sexual orientation, gender identity or religious affiliation (Sweden);
138.5 Ensure that no legislation discriminates between men and women, and enact legislation to prevent violence against people based on sexual orientation (Canada);
138.6 Take steps to ensure that the human rights of all citizens are protected, regardless of their religion, sexual orientation or gender identity (Australia);
138.7 Consider the adoption of the necessary measures to eradicate discrimination on the grounds of sexual orientation (Argentina);
138.8 Release all persons imprisoned or detained on the grounds of their sexual orientation or gender identity (Austria);
138.9 Repeal all provisions that give rise to discrimination based on sexual orientation or gender identity (France);
138.10 Adopt measures to combat discrimination against persons on the grounds of their sexual orientation or gender identity, and decriminalise sexual acts between consenting adults of the same sex, in order to bring its legislation in line with the aforementioned covenant (Uruguay).
V. Adoption of the Report
The report of the working group was adopted at the 25th regular session of the Human Rights Council in March 2014.
STATEMENTS
Nigeria
Recommendation 137.8 [Continue awareness-raising campaigns to eradicate harmful traditional practices and introduce sex education in the school curricula] enjoys our support and acceptance. We are aware that these practices (harmful traditional practices) are deeply rooted in ancient traditional beliefs and cultural practices, which cannot be exorcised overnight. We are however using both legislation and advocacy to sensitise the people of the dangerous health and social implications of such practices. The Federal Government through the Ministry of Women Affairs and Social Development, the National Human Rights Commission and State Ministries of Culture and Tourism will continue to educate the people and raise awareness on this matter.
On the issue of sex education, we wish to inform the Council that the Federal Government encourages educational institutions in the country to adopt a progressive approach to the introduction of sex education in their curricula. Advocacy on sex education will continue on a progressive basis given the cultural sensitivities on the part of parents, religious bodies and other stakeholders in the education of young people.
United States
We are deeply disappointed that the government rejected recommendations from the U.S. and several other member states to establish policies and procedures that protect the human rights and fundamental freedoms of all Nigerians, including LGBT persons, their families and associates. The U.S. condemns the undue restrictions placed upon freedoms of expression, association and assembly for all Nigerians, regardless of sexual orientation, through the Same Sex Marriage Prohibition Act. We urge the government to uphold its international human rights obligations and to repeal this act.
Center for Reproductive Rights:
The right to family planning services and information is rooted in the rights to equality and non- discrimination, education and health. … Unsafe abortion and lack of access to post-abortion care has led to a significant number of maternal deaths in the country. These deaths are a direct result of Nigeria’s restrictive abortion law which means most abortions are clandestine and unsafe.
We support the recommendation made to Nigeria on introducing sexuality education in the school curricula as such education in Nigerian schools remains drastically inadequate leaving adolescents without accurate and evidence-based information to prevent unplanned and unwanted pregnancies.
We urge the government of Nigeria to undertake effective and sustainable measures to increase access to family planning services and information, and to subsidize or cover the costs; provide sexuality education in schools; and improve access to safe abortion and post abortion care including by reviewing the impact of its restrictive abortion law on the country’s maternal mortality incidence.
Women’s International League for Peace and Freedom:
The Violence against Persons Prohibition Bill was drafted as a response to the consistent failure of Nigerian authorities to adopt and implement legislation to address and prevent sexual violence. The aim of the Bill is to eliminate the occurrence of gender-based violence in Nigeria. The policy has been rejected twice in the past year.
Member States have recommended that the Nigerian Senate pass the Violence against Persons Prohibition Bill. We welcome Nigeria’s acceptance of these recommendations and we urge the Senate of Nigeria to promptly pass the Bill.
International Humanist and Ethical Union
In its UPR report, the Nigerian delegation attempted to justify denying equality for homosexuals on the grounds that “all attempts to integrate sexual orientation into existing universally recognized human rights had so far failed” and that “national and cultural values” prevented it from accepting related recommendations.”
However, no further ‘integration’ is necessary; anti-homosexuality legislation is simply unacceptable under existing international human rights law. This has been reiterated by the Secretary General, and by the High Commissioner who affirmed that “the principle of universality admits no exception”.
Moreover, since when have national and cultural values been accepted by this Council as taking precedence over the universality of human rights? To cite popular support for anti-homosexuality legislation is irrelevant as it is the State’s role as human rights guarantor to protect equality “without distinction of any kind”.
It is deplorable the Nigeria not only fails to address rampant homophobia, but also enshrines it in domestic law.
Nigeria claimed that “there was no policy or practice of witch-hunting people on the basis of their sexual orientation”. That is semantics: the Chairman of Bauchi State Shariah Commission reportedly said that they are “on the hunt” for homosexuals; while the deputy head of the Hisbah in Kano state declared that they will “wage serious war” against them.
For more information regarding equality for homosexuals and its place in international human rights legislation, may we direct the Nigerian delegation to the OHCHR’s “Born Free and Equal” guidebook.
We implore Nigeria to honour its membership to this Council and to the latter’s founding principle by accepting and implementing UPR recommendations 138.1-138.10 such that equality may be enjoyed by all Nigerians, without discrimination.
Amnesty International
On 6 January this year, Nigeria signed into law the Same Sex Marriage (Prohibition) Act. The new law criminalises same-sex relationships, socialising in the LGBTI community and the activities of many human rights and civil society organisations. It is discriminatory and violates the rights to freedom of expression, association, and peaceful assembly. Moreover, the law could be used to harass, coerce, or blackmail people by law enforcement officers or members of the public. We call on the government to repeal the law and to ensure that all Nigerians enjoy the human rights guaranteed by the Constitution.
International Lesbian and Gay Association
We are deeply concerned about the disturbing human rights situation presented by the Same Sex Marriage [Prohibition] Act signed by the President of Nigeria on 7th of January 2014.
Its title is misleading. This new law actually criminalizes the freedom of assembly of all Nigerian citizens, the freedom of expression of sexual minorities, as well as anyone who supports or sustains them, including human rights defenders or those who express opinion that challenges the conduct of the government, with a prison sentence of up to 10 years.
Following the presidential assent to the Act in January, innocent Nigerians have been targeted based on perceptions of their sexual orientation and gender identity. Series of mass arrests and mob violence has been recorded in different parts of Nigeria and perpetrators have enjoyed impunity.
Mr President, we will like to bring to your notice the following few cases amongst several:
- On the 23rd Jan 2014 an angry mob calling for persons alleged homosexuals to be hanged, threw stones into a court where the persons were being prosecuted in Bauchi State in Northern Nigeria.
- On the 12th and 13th of Feb 2014, in Gishiri village in the capital city of Abuja, a mob of about 40 persons attacked and severely battered 14 young men alleged to be homosexuals, forcing them to flee their homes at midnight. These men remain homeless in Abuja as we speak.
- Other cases include blackmail and extortion often with the connivance of law enforcement agents.
Last October, the Attorney General of Nigeria- Barrister Mohammed Bello Adoke said and I quote “there will not be any witch-hunt of homosexuals in Nigeria”. However, this law is currently being used for this purpose of witch-hunt and very little effort is made by the Police to prosecute perpetrators of this violence.
We are extremely disappointed that, of all the recommendations made my member states to the Federal Republic of Nigeria at the recent UPR session, to protect its sexual and gender non- conforming citizens, not one was accepted, on the premise that the majority of Nigerians are against homosexuality. The opinion of the majority does not excuse the State from carrying-out its constitutionally-required mandate to provide security for all and ensure there is a favourable environment for the enjoyment of human rights by all persons in Nigeria.
Mr President, we use this opportunity to call on the Government of the Federal Republic of Nigeria:
- To investigate all cases of violence suffered on basis of perceived or real sexual orientation and gender identity, if required in partnership with the National Human Rights Commission.
- To thoroughly review its penal and administrative laws with a view to repealing all discriminatory laws including those that adversely affect women, children, persons with disabilities, refugees, ethnic and sexual minorities.
Association for Progressive Communications
We are deeply concerned by the rejection of the number of important recommendations by Nigeria, including recommendations to “ensure the universality of human rights, safeguarding and protecting human rights of all Nigerians irrespective of gender, age, sexual orientation, gender identity or religious affiliation”, and to establish policies and procedures to protect the human rights and security for all Nigerians including LGBT persons, the families and associates. We urge the Government of Nigeria to reconsider policies and practices that are in clear violation of international human rights standards and commitments.
Response of the delegation of Nigeria
Even though we do not wish to revisit at this time the questions surrounding the issues of LGBT, let me reiterate also that Nigeria does not adopt a policy of witch-hunting any group of its citizens or residents in the country. What has come about as the anti-gay marriage law is strictly the outcome of a democratic process which no democratic country can actually ignore.
VI. Further information
UPR Documentation