Recognition of same-sex unions in Nigeria

Legal status of same-sex unions
Marriage
Performed

Argentina
Australia
Austria*
Belgium
Brazil
Canada
Colombia
Costa Rica+
Denmark
Finland
France
Germany
Iceland
Ireland
Luxembourg
Malta
Mexico:
· 12 states & CDMX
Netherlands1
New Zealand2
Norway
Portugal
South Africa
Spain
Sweden
Taiwan+
United Kingdom3
United States4
Uruguay

Recognized
  1. Not performed in Aruba, Curaçao and Sint Maarten
  2. Neither performed nor recognized in Niue, Tokelau or the Cook Islands
  3. Neither performed nor recognized in Northern Ireland, the dependency of Sark or six of the fourteen overseas territories
  4. Neither performed nor recognized in American Samoa or many tribal jurisdictions with the exception of federal recognition benefits
  5. When performed in Mexican states that have legalized same-sex marriage
  6. When performed in the Netherlands proper
  7. If performed before 1 June 2018
  8. Registration schemes open in all jurisdictions except Hualien County, Penghu County, Taitung County and Yunlin County

* Not yet in effect
+ Automatic deadline set by judicial body for same-sex marriage to become legal

LGBT portal

Nigeria recognizes neither same-sex marriages 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.[1]

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 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.[2] 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.[3]

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.[4]

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.

Same Sex Marriage (Prohibition) Act of 2013

Same-sex sexual activity legal
  Same-sex marriage
  No recognition of same-sex couples
Same-sex sexual activity illegal
  Not Enforced or unclear
  Penalty
  Life in prison
  Death penalty

In 2008, the Same Gender Marriage Prohibition bill came up before the Senate, the bill was passed in 2013 after a series of amendments. Nigeria is a nation opposed to homosexuality[5] and the passage of the bill received little opposition from the people. The bill voids marriage contracts between people of the same sex and persons aiding and abetting same sex marriages. However, there already existed a bill criminalizing homosexuality and questions were raised about the importance of the new bill.[5] The major difference is that, the bill went further than the previous criminal and penal codes by prohibiting same sex marriages and actions aiding same sex unions by Nigerian citizens. Persons witnessing, officiating or supporting gay acts or weddings can be charged in court. The law is a way to use scare tactics to discourage same sex unions.

See also

References

  1. ↑ NIGERIA'S PROPOSED BAN ON SAME-SEX PARTNERSHIPS AN ASSAULT ON HUMAN RIGHTS
  2. ↑ "Nigeria: Obasanjo Must Withdraw Bill to Criminalize Gay Rights", Reuters AlertNet. March 23, 2006. URL accessed on March 26, 2006
  3. ↑ Uganda bans same-sex marriage
  4. ↑ Sogunro, Ayo. "Why You Should Be Worried About Nigeria's Anti-Gay Law". ayosogunro.com. Retrieved 20 March 2014.
  5. 1 2 Adetoun Teslimat Adebanjo. (2014). Culture, morality and the law: Nigeria’s anti-gay law in perspective. International Journal of Discrimination and the Law December 2015 vol. 15 no. 4 256-270
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