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Tag Archives: Sexual Rights

SEX FOR GRADES: AN IGNORED FESTERING SORE

By: D.U Innocent Esq.

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Before I got into the university, I had seen movies where lecturers used undue influence to either extort money from students or sleep with female students. For those who dared to refuse, the lecturer basically destroyed their future by either failing them continuously or giving them lower grades than they deserved. So, I already had a fear for lecturers even before I got admitted into the university and all through my university days I did my best to avoid them.

There is a salient fear for lecturers especially male lecturers among students in tertiary institutions in Nigeria than even the fear of studies. For many years, Nigerians and indeed so many societies in West Africa have settled into this trend and some students have been forced to go even spiritual or diabolical on some lecturer s because of this seeming hole they put them in. These lecturers are seen as untouchable demi-gods.                                       As a student, I often heard a lecturer remark on how students prayed for him to die. He almost got it though, but he survived.

My name is Emma, in 2011 I got admitted to study Political Science in a prestigious university in Nigeria and like every other innocent 100 level student, I just wanted to get quality education.  I was made the class representative and by virtue of my office at the time, I had to interface with lecturers and students alike in carrying out my responsibilities. In the first semester of my first year, I encountered a lecturer, Mr. Ken. Mr. Ken is a core lecturer in the department and he lectured 2 important courses that had 3 point grade for each course in my time. His courses were very important for the success of my academic success, especially since they were core courses.  He was reputed for two things in the university community. First, his connection to a high management official and secondly his attraction and lust for fair slim girls.

On a fine day after lectures, he invited me to his office where he told me that he liked me and made advances at me, I left for my hostel bewildered. At this junction, I had two worries I am a fair complexioned, slim beautiful girl who just wanted to get an education. Secondly, this man in question was a force to reckon with because of his connection to the higher ups. It would be my word against his, who am I again? Yea that’s right; I’m a 100 level student.

This situation stressed my friends and I for months, it also got me depressed because Mr. Ken became even more hostile towards me as the exam period drew near. He kept threatening to keep me in school long after my mates, if I did not concede to his demands, I practically became depressed and on the verge of giving up. My school fees was about half a million excluding pocket money and my family only sent me here because of the quality of education we were promised I will get. During this period I was slowly becoming embittered and getting distracted from my studies. I was on the borderline of losing it because of my seeming helplessness. I was discouraged many times to attend classes but I knew I couldn’t give him anything to hang me on, so I kept pushing, showing up for classes and ensuring that I stayed on my lane as much as possible. We had more meetings were my pleas fell on deaf ears and his threats were blaring in my ears. I had already vowed to myself that I would not sleep with this man; I would not become a part of his statistics, trophy or prize.

Despite Mr. Ken’s threats, I forged ahead to write the exams without sleeping with him and Mehn! That man was true to his word. By the time results were out for the first semester the F and D on the board were staring at me, I had failed his two courses and those were the only courses I had issues with. My head kept whirring for the entire 1st semester break.  At this point, I knew that I couldn’t continue like this, I had three more years and because of his position in the department, he would be my lecturer for even more courses for the next three years, and I wasn’t ready for to continue going through the emotional and psychological torture I had endured throughout the 1st semester in my first year. I just needed my peace to enable me concentrate in school and I needed to act fast.

Thankfully, changing departments in my school at the time wasn’t a hassle and with advice from my friends and confirmation from my family, I switched to International Relations Department. Changing my department was at a cost. The cost was, not graduating from my dream department and course. Mr. Ken is a murderer; he murdered my baby in the womb of my spirit. He ended my dream of being a political scientist with his demands.

Now I think of it, I’m grateful for the strong girl I was in that season and for my amazing friends who stood by me through that period. That change was instrumental to what I have become today. Thankfully, in the International Relations department I had no lecturer issues and I graduated with my mates. I have served my country and I am currently working somewhere in Lagos Nigeria. I found a way out of that situation, but many girls in Nigeria are unable to escape and their experiences are much worse than mine. What these lecturers are doing is evil and their gory stories are beginning to come to light. I believe that this festering sore in the Nigerian tertiary educational system will at last begin to receive the treatment that will heal not just the educational system. It will also heal millions of Nigerian men and women who fell into the hands of these predators and very importantly it will cleanse our nation Nigeria and we will become great again.

PS:  This is a real life story of a Nigerian, but the real names of the characters are not used.

CAVEAT

Lawyers Alert hereby puts our readers on notice that this article is based on the writers opinion and do not necessarily represent the views of the organization except otherwise stated.

 

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THE IMPLICATION OF SAME SEX MARRIAGE PROHIBITION ACT 2014 AND THE RIGHTS OF SEXUAL MINORITIES IN NIGERIA.

By Victor Eboh, (Legal / Reproductive Right Officer)

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Violence and discrimination against sexual minorities  in Nigeria have been on the increase in recent times, no thanks to the promulgation of the Same Sex Marriage (Prohibition) Act 2014, (Herein after referred to as The Act) which has contributed negatively to the already dire circumstances of the Sexual minorities (Herein after referred to as The Community) in Nigeria. Members of the community have suffered an increasing wave of arbitrary arrest, unlawful invasion of privacy, assault and battery, sexual violence and extortion, among other ills, since the passing of the Act.

The average citizens of Nigeria, finds it very difficult to enjoy the protection of their rights and access to basic social services. It is rather more unfortunate for persons who are imputed to have sexual minority identities; they are faced with even more social isolation and discrimination by both states and non-state actors. Ironically, Public Authorities who are saddled with the responsibility to protect and ensure the fundamental rights of citizens are sustained, are most times at the forefront of the scourge of terror, intimidation, intolerance and violence against members of the community. The extreme intolerance, homophobia, bi-phobia and transphobia, make it even more dangerous for sexual minorities to reach out for help, hence most human rights violations against them, go unreported.

The cardinal principles of human rights include, universality and non-discrimination. The pre-condition for enjoying human rights is HUMANITY.  However, the Nigerian society and Public authorities do not see the sexual minorities as part of those, whose humanity are guaranteed rights under the Nigerian Constitution. Thus, their humanity is disregarded solely because of their sexual orientation or gender identity or expression, which exposes them to all forms of violence.

 

LEGAL FRAMEWORK GOVERNING SEXUAL MINORITIES ISSUES WITHIN THE NIGERIAN CONCEPT

The combined efforts of both the Domestic, Regional and International frameworks, all ensure equality of all persons regardless of their sexual orientation and gender identity.

DOMESTIC LEGAL FRAMEWORK

  • DOMESTIC FRAME WORK: 1999 CONSTITUTION OF FED. REPUBLIC OF NIGERIA
  • The preamble of the constitution
  • SECTION 1(1) & (3)
  • SECTION 17 (3) (C & D)
  • THE FUNDAMENTAL RIGHTS OF EVERY CITIZENS:
  • CHAPTER 4  of the constitution  section 33-40
  • SECTION 33: “Every person has a Right to Life and no one shall be deprived intentionally of his Right    to life
  • SECTION 34: “ Every individual is entitled to Respect for the dignity of his person and no person shall be subjected to torture or inhuman or degrading treatment.
  • SECTION 35: “Every person shall be entitled to his personal liberty and no person shall be deprived of such liberty.
  • SECTION 36: “Every person shall be entitled to fair hearing
  • SECTION 37: “ The privacy of citizens, their homes, correspondence, telephone conversation and telegraph communications is hereby guaranteed and protected
  • SECTION 38: “ Every person shall be entitled to freedom of thought, conscience and religion
  • SECTION 39: “Every person shall be entitled to freedom of expression
  • SECTION 40: “ Every person shall be entitled to assemble freely and associate with other persons …or any other association for the protection of his interest.

 

REGIONAL LEGAL FRAMEWORK

the African Charter on Human and Peoples Right, (hereinafter referred to as ACHPR),  a document which has been domesticated and  forms part of the body of laws in Nigeria, clearly and unequivocally guarantees freedom from discrimination and equal protection and equality of individuals before the law. The treaty was signed in 1981, but did not become a law in Nigeria until when the National Assembly ratified and enforced it as applicable law in Nigeria. The Charter is now known as the AFRICAN CHARTER ON HUMAN AND PEOPLES RIGHTS (RATIFICATION AND ENFORCEMENT) ACT (CAP 10) OF THE FEDERATION OF NIGERIA 1990

Article 2 of the Act, clearly provides that ‘ Every individual shall be entitled to the enjoyment of the rights and freedom recognized and guaranteed in the present charter without distinction of any kind such as race, ethnic group, color, sex, language, religion, political or any other opinion, national and social origin, fortune, birth or other status’

Other relevant sections of the Act are as follows:

  • The preamble
  • ARTICLE 1
  • ARTICLE 2
  • ARTICLE 3
  • ARTICLE 4
  • ARTICLE 13 (2)
  • ARTICLE 16 (1 & 2)
  • ARTICLE 19

 

The African Commission, the body responsible for monitoring compliance with the African Charter, has in various communications, denounced acts of discrimination. The ACHPR has clearly established that the expression ‘OTHER STATUS’ as used in the Act can broadly be interpreted to include grounds, other than those explicitly listed under that provision of the Charter. The rights to dignity, liberty and security of persons and freedom of association are among rights clearly proclaimed by the African Charter and the Charter clearly states that every human being is entitled to these rights.

Concerned by the increasing violence against the community, the ACHPR at its 55th session adopted a landmark resolution on the Protection Against Violence and Other Human Rights Violations against persons on the basis of their Real or imputed Sexual Orientation or Gender Identity. The Resolution unequivocally condemns violence against persons on the basis of their real or imputed sexual orientation and gender identity. It calls on states to stop all violence committed by state and non-state actors and to enact and implement laws condemning violence against all persons regardless of their sexual orientation or gender identity. States were also urged to promptly investigate and punish all acts of violence against persons based on their real or perceived sexual orientation and gender identity.

 

 

INTERNATIONAL LEGAL FRAMEWORK

The International legal framework governing Human rights apply equally to all sexual minorities in all parts of the world. The principle of equality, non-discrimination and universality are fundamental in ensuring the human rights for all persons including sexual minorities. It has been established that the grounds of discrimination enumerated in the International Covenant on Civil and Political Rights and the International Covenant of Economic, Social and Cultural Rights are non-exhaustive and “other status” includes sexual orientation and gender identity.

 

THE SAME SEX MARRIAGE PROHIBITION ACT 2014

The promulgation of the Same Sex marriage prohibition Act has to a great extent heightened the level of violence against the sexual minorities. The law has been used and utilised by both state and non state actors to subject community members to all sorts of violations, ranging from public humiliation, to battery, assault, blackmail, extortion and other forms of violations and violence.

The Act has further encouraged and in fact, breeds a culture of intimidation, suppression and violence against community members in Nigeria. The Act, apart from prohibiting same sex marriage, goes further to prohibit and criminalizes the association of persons and organizations who purport to promote the interest of Sexual minorities in Nigeria. It prohibits and criminalizes the ‘Public show of same sex amorous relationship directly or indirectly without defining what qualifies as “same sax amorous relationship”

The negative effect of this law was immediate and still persists, as and thus the community members are subjected to an unimaginable level of futility being victims of a wave of arbitrary arrest, invasion of privacy, blackmail, extortion and violence of which state actors are also perpetrators of this hideous practices.

 

 

RECOMMENDATIONS

From the above consideration, it suffices to say that if the rendition of the constitution “WE THE PEOPLE” is the have a meaningful impact, then it must have the force of general application without prejudice.

The following recommendations are worthy of consideration:

  1. The Government should act timeously in condemning the on-going violence against persons based on their real or perceived sexual orientation and gender identity expression.
  2. A review of discriminatory laws that trigger violence against sexual minorities should be given priority.
  3. Enforce constitutional and treaty provisions on universal human rights in public and private institutions across the country.
  4. Human rights violations based on sexual orientation or gender identity expression, should be investigated and perpetrators brought to book.
  5. Embark on a holistic campaign to promote an end to hate speech and statements inciting violence against sexual minorities in Nigeria from religious leaders, politicians and others and establish a link with sexual minorities human rights organizations, regarding ways to promote awareness on issues affecting sexual minorities.
  6. Establish a reporting process for informing the Human Rights Commission and other related bodies, on human rights abuses experienced by sexual minorities.
  7. State actors should discourage incidences of police raids, arbitrary and indiscriminate arrests and searches of individuals based on perceived or actual sexual orientation or gender identity expression.
  8. The police should be at the forefront in investigating and prosecuting incidents of violence against sexual minorities and refrain from harassing, arresting or prosecuting members of the sexual minorities support organizations and human rights advocates on account of their work on sexual minority rights.
  9. Civil society organizations should be encouraged to mainstream sexual minority’s awareness and rights into their relevant health, gender and human rights programmes.
  10. Mainstream stakeholders and the general public should be educated on human rights issues affecting sexual minorities. Sensitization workshops with government agencies, health workers and other law enforcement agencies be developed, on the need to promote and protect rights of sexual minorities as citizens of Nigeria.

 

CONCLUSION

From the above consideration, one fundamental principle looms larger, that violence and discrimination against any individual or groups of persons is unacceptable. OUR HUMANITY should be paramount in ensuring dignity and rights to ALL PERSONS.

 

CAVEAT

Lawyers Alert hereby puts our readers on notice that all articles on this page are of the writers opinion and do not necessarily represent the views of the organization except otherwise stated.

 

 

 

 

 

 

 

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SEXUAL AND REPRODUCTIVE HEALTH AND RIGHTS (SRHR) VIOLATIONS OF SEXUAL MINORITIES

By Doris U Innocent Esq

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Sexual and Reproductive Health and Rights or SRHR is the concept of human rights applied to sexuality and reproduction and these rights are protected by international laws. SRHR guarantees a number of rights to individuals, some of these rights are; The right to equality and non-discrimination, the right to life, liberty and security of the person, the right to autonomy and bodily integrity, the right to be free from torture and cruel, inhuman, or degrading treatment or punishment, the right to be free from all forms of violence and coercion, the right to privacy, the right to the highest attainable standard of health, including sexual health; with the possibility of pleasurable, satisfying, and safe sexual experiences. In our society today, there are sexual minority groups which these laws seek to protect and among them are the Sexual minorities.

The concept of Sexual minorities is fairly new to our continent Africa and our country Nigeria. It is proven that man fights and opposes anything he is not familiar with. The concept is alien to our society’s tradition, culture, religion and beliefs. Thus the concept is met with hostility and adverse opposition. Most communities are part of the sexual minority groups presently, in Nigeria. Due to the peculiar nature of their circumstance, Sexual minorities suffer a lot of Sexual and Reproductive Health Rights (SRHR) violations in the hands of members of the society. The passage of the Same-Sex Marriage (Prohibition) Bill (SSMPA) 2014 into law in Nigeria has heightened the rate of violations suffered by members. Over the years many of these groups have experienced homophobic stigma, discrimination and violence. This has driven sexual minorities to hide their identity and sexual orientation. Many fear a negative reaction from members of the society. Reports of indiscriminate arrests by law enforcement officers were also made from different parts of the country. These acts of injustice, discrimination and violence have led to the intervention of some civil society organizations in ensuring that the human rights of these affected persons are protected. It has also led to the rise of the SRHR movement in the country, which has consequently led to the nationwide awareness and sensitization programs held by different Civil Society Organizations (CSOs). This write up is aimed at giving you credible information on the SRHR violations of communities in Nigeria.

In partnership with AmplifyChange, Lawyers Alert an NGO, in the last two years has been monitoring and documenting Sexual and Reproductive Health and Rights violations in Nigeria. Within these two years, they have released findings on these rights violations with regard to the sexual minorities. Their findings are published and updated every six months. Their reports can be found at http://www.lawyersalertng.org/res.php

This documentation is done via their online tool styled “LadockT” http://colahr.org/lawyersalert/index.php  which automatically analyzes these violations across locations with regard to State and Local Government.

It is important to note that, as it relates to Nigeria as a geographical entity, the findings here may not represent the entire facts nationally. The project that birthed this tool is focused in 12 states.

Nevertheless, these findings are critical owing to their veracity and mode of collation.

Based on the analysis on communities, Ikeja in Lagos State has the highest reported violation rate, followed by Kosofe in the same Lagos State, while Gboko in Benue State ranks third on violation rate. Damban in Bauchi State and Gwagwalada in the Federal Capital Territory both rank forth. Lastly Biu in Bornu State ranks the least with regards to MSM violation rate.

On the analysis of age range with regards to these groups, 25-40 years and 20-24 year both have the highest violation rate with 38% while 10-19 years with 24%.

Information gotten from the Lawyers Alert’s tool shows the report of violations as regard to the group, within the time range ( July, 2017 – April, 2019) 20-24 years and 25-40 years has been leading age group in the increase to reported violations in local government areas in States, followed closely by 10 – 19 years age group. From the tool it is also shown that, Physical abuse and Verbal Abuse have the highest reported violation rate with 13%. Followed closely by Emotional Abuse having 12%, Blackmailing and Sexual Expression both rank third with 11% each. Personal Security and Freedom to Associate both rank fourth with 10% respectively. Forced Detention has 7%, Freedom of Movement and Economic Abuse both have 6% each. Quality Healthcare has 4%, Harassment has 3%. Privacy has 2%, Sexual Exploitation and Rape both have the least amount with 1% each. These facts are stated more clearly in the table below.

VIOLATION TYPES – MSM JULY 2017 APRIL 2019
Physical Abuse 13%
Rape 1%
Verbal Abuse 13%
Harassment 3%
Emotional Abuse 12%
Freedom to Associate 10%
Economic Abuse 6%
Blackmailing 11%
Privacy 2%
Freedom of Movement 6%
Quality Healthcare 4%
Sexual Expression 11%
Personal Security 10%
Forced detention 7%
Sexual Exploitation. 1%

 

It is hoped that this document will help to highlight the dangers of communities exposed to. It should also be stated that the data represented in this report is based only on that obtained from the Lawyers Alert online portal. It is important to note that, all violations recorded were verified. Flowing from all of the above it is clear that members of  communities, are beginning to speak up and that the society is becoming a more SRHR conscious one with regard to communities. Nevertheless, there is still need for more awareness programs as many victims of these violations are still stuck in their shells and many more members of the society need to be enlightened.

 

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SRHR with Regards to LGBTI Community

by Solumtochukwu P. Ozobulu  Esqlgbti

Sexual and reproductive health right (SRHR) is a growing movement around the world and in Nigeria. The movement is borne out of the need to encourage individuals to explore their sexuality without fear of stigmatization, physical abuse or any other kind of violation as a matter of Right.

The growing nature of SRHR movement is aimed at protecting the vulnerable and Key Affected Persons including the LGBTI community. LGBTI is an acronym for Lesbians, Gay, Bisexual, Trans- gender and Inter- sex. This community with a different and peculiar kind of sexuality has been viewed with negative and discriminatory tendencies especially in Nigeria and other African Countries. This unfortunate trend has sent the LGBTI Community into hiding due to the legal, social and religious environment in our country with attendant consequences.

It is no news in Nigeria that many LGBTI Persons are still being denied key sexual and reproductive health rights and services i.e. their right to enjoy control over and make decisions on their sexual and reproductive health without discrimination.

The homophobic nature of the citizenry draws its link from socio-cultural and religious beliefs and practices. The culture of the people of Nigeria largely frowns at homo sexual practice as it is said to be foreign to the indigenous practices and beliefs. The religious beliefs and teachings also view same sex practice as sinful, unnatural and therefore unacceptable.

The aggregate Socio Cultural opposition to same sex practice and relationships in Nigeria led to the enactment of the same sex marriage (prohibition) Act 2014. The same sex marriage (prohibition) Act together with the criminal and penal code totally criminalizes homosexual activities in Nigeria. According to the words of the criminal/ Penal code,  homosexual act is regarded as “an act against the order of nature”. The maximum punishment in the northern states that have adopted the sharia law is death by stoning among other punishments. That law applies to all Muslims and to those who have voluntarily consented to application of the sharia courts. In the southern Nigeria the maximum punishment for same sex sexuality activity is 14years imprisonment. The various laws forbidding gay practice providing different punishment varying from the state of commission did not take into cognizance the sexual and reproductive health rights of the LGBTI community.

The provision/ enacting of the laws led to an unprecedented violations of the Rights of the LGBTI community in Nigeria even on grounds of suspicion and hearsay.For example in Lagos Nigeria, over 40 Young People were arrested on the suspicion of holding a gay party. The different violations range from physical abuse, verbal abuse, denial of freedom of association, denial of privacy, emotional abuse, rape, denial of quality healthcare among others. These various violations of the LGBTI community prevailed in Nigeria as both the law enforcement agencies and individuals took justification from the various laws prohibiting homosexuality to violate the rights of the sexual minorities at random.

Since most members of the LGBTI community  are seemingly oblivious of their sexual and reproductive health rights, they find it difficult to open up by reporting these violations due to fear of stigmatization. This has led to strong need for  massive sensitization and awareness creation in the area of sexual and reproductive health right and reporting of violations for effective interventions by Civil society organizations and Nongovernmental organizations both local and international in Nigeria.

Part of this sensitization is currently being carried out by Lawyers Alert in its legal literacy project for vulnerable groups in Nigeria. The positive effect of the sensitization is that more awareness of the Rights of KAPs is being recorded across Nigeria, leading  to a decrease in some violations. This can be clearly seen in the Lawyers Alert published findings on Sexual and Reproductive Health Right violations in Nigeria between 2017 and 2019. These findings can be accessed at http://www.lawyersalertng.org/res.php.

 

According to the recent released report of Lawyers Alert on its website in April 2019, Benue state seems to have the highest rate of LGBTI violations among other states in Nigeria. It can be deduced from the published finding that the age bracket more susceptible to be violated in the LGBTI community are those between 20-24years which can be categorized as youth with 58% of violations in 2019 and 63% in 2017. Although the statistics shows a level of decrease yet it is alarming. A critical analysis of the reports brings to limelight the occurance of these right violations, while some are on the increase others are on the decrease. Violations like physical abuse breach of privacy, denial of freedom to associate, sexual expression and  rape seems to be on the increase with 2%, 3%, 4%,1% and 4% respectively while blackmailing, verbal abuse and emotional abuse are on the decrease with 5%, 1% and 2% respectively. Regardless of the increase and decrease of each of the violations emotional abuse still top the chart as it represents 20% of the violations followed by verbal abuse and denial of sexual expression with 18% each. Although some of the right violations like rape and breach of privacy e.t.c represent a little fraction of the violation but it is important to know that every little piece matters when it is in relations to a person’s sexual and reproductive health right.

It is trite to know that the published finding is not all inclusive as just reports from 12 states out of the 36 states in Nigeria were used. Nevertheless, it shows the growth of SRHR movement and the need to deepen and expand the scope in other to curb the menace.

As we all aspire to be part of a society where individuals have knowledge, skills and resources to enjoy their sexual and reproductive health right without violations and subsequently bequeath same to future generations; there is a need to deepen sensitization on sexual and reproductive health right.

 

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SEXUAL RIGHTS VIOLATION IN NIGERIA

By Doris U. Innocent Esq

lawyers alert

Sexual rights embrace certain human rights that are already recognized in national laws, international human rights documents, and other consensus documents. They rest on the recognition that all individuals have the right—free of coercion, violence, and discrimination of any kind—to the highest attainable standard of sexual health; to pursue a satisfying, safe, and pleasurable sexual life; to have control over and decide freely, and with due regard for the rights of others, on matters related to their sexuality, reproduction, sexual orientation, bodily integrity, choice of partner, and gender identity; and to the services, education, and information, including comprehensive sexuality education, necessary to do so.

Sexual and Reproductive Health and Rights SRHR, in Nigeria is an area which, owing to culture and religion, is neither making as much progress nor being given as much space for expression in comparative terms with more “acceptable” rights. Violence against Women and Girls, Abortion, Same Sex Relationships, Female Sex Work, Rights of Persons Living with Affected by or Most at Risk of HIV, Female Genital Mutilation, Unlimited Access to Family Planning, Rights of Persons Living With Disabilities etc. are all issues that citizens regularly confront yet fail to attract the commensurate attention in the positive, from authorities.

The cry out against sexual rights violations in Nigeria is a very serious issue. Sexual rights violations are real and they stare at us every day in our neighborhoods, families and different circles of association. We believe that the first thing we must understand about these individuals is that they are human beings. They are entitled to their basic human rights, they are deserving of love, understanding and acceptance. A lot of organizations have carried out public sensitization, awareness and campaigns through various channels in Nigeria regarding issues related to Sexual and Reproductive Health and Rights. This is an applaud-able approach to dealing with the glaring issues of SRHR violations inherent in our society. There still remain quite a number of people who are either victims of sexual violations or are at risk of becoming victims of sexual rights violation. These victims are usually at left at their own peril, they are seen as objects of constant abuse and discrimination by members of the society.

Lawyers Alert is an established Human Rights Organization with an internationally recognized track record of successful interventions in relation to Human Rights abuses in Nigeria. It is made up of lawyers and other professionals with members across the 36 states of Nigeria. It builds capacity on essentially eco-socio rights, advocacy/legislative engagement, and organizational development. Its programs are essentially the monitoring of rights violations, legal assistance and interventions geared towards enhancing good governance. Lawyers Alert was founded in the year 2000, it was birthed from the place of passion to fight and restore the rights of those whose human rights have been infringed upon. Lawyers Alert has been in the forefront of promoting women’s rights in Nigeria ever since. We have carried out many projects which have impacted positively on the lives of thousands of women and children. Presently, we are implementing projects aimed at eliminating all forms of violence against women and girls, eliminating sexual and reproductive health and rights violation and providing free legal services to victims.

Notwithstanding, Lawyers Alert’s vision remains clear: A developed Nigeria where the rights of vulnerable groups, especially women are respected. Similarly, her mission has not changed: To promote the rights of vulnerable groups, especially women through advocacy and through provision of free legal services. We are not relenting. We will keep doing the best we can to ensure we carry out our mission and achieve our vision. Denial of an individual’s rights is denial of the rights of all. We will always have mothers, wives, aunt, sisters and daughters with us. They are all entitled to their rights. We should individually and collectively stop violating their rights. And we should do the best we can to protect and defend their rights. This is our yearning for Nigeria, and together we can achieve this. Here at LawyersAlert, we have taken up the responsibility to bear the burdens of people whose sexual rights have been violated or at risk of being violated. We also make periodic violation reports, with instrumentality of our web based tool. You can get to know us better through our website http://lawyersalertng.org/ .

It is on this premise that we invite the general public as always to report human right and sexual rights violation against them and other people, we also encourage you to refer people in need of our services to us. We assure you, that we will work to ensure that justice is served.

 

 

 

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NIGERIA HUMAN RIGHTS DEFENDERS, GROUPS, INDIVIDUALS AND CSOs CONDEMN THE PASSAGE OF THE SAME SEX MARRIAGE PROHIBITION BILL IN THE HOUSE OF REPRESENTATIVES AND CALL FOR ITS IMMEDIATE WITHRAWAL

We, the undersigned human rights defenders, groups, individuals and civil society organizations 

hereby demand that the recent passage of the ‘Same Sex Marriage Prohibition Bill and
other Related Matters’ by the House of Representatives of the Federal Republic of Nigeria be
rescinded. The provisions of the propose bill infringe upon the fundamental rights provisions of
the Constitution.

On the 30th May 2013, the Nigeria House of Representatives passed the bill titled “Same Sex
Marriage Prohibition Bill’’. The Bill prohibits marriage between persons of same sex, criminalize
organizations and persons who directly or indirectly aid or abate such a union. This Bill will
deprive Nigerians of their fundamental human rights as guaranteed in Chapter IV of the 1999
Constitution. This includes the right to peaceful assembly and association, right to life, right to
privacy and security of the person, right to private and family life, right to freedom from
discrimination, right to freedom of expression and press, right to fair hearing, right to dignity of
the human person and right to personal liberty.

This draconian legislation contravenes the provision of the constitution of the Federal Republic
of Nigeria, which protects fundamental human rights of individual with no reference to their
sexuality, their choice of spouses, private life, sex, creed or religion.

We are concerned that the Same Sex Marriage prohibition bill defines marriage not as an act
between a man and a woman, but includes any two people of the same sex living together. This
renders all Nigerian of the same sex living together as potential target of this law.

Many people share housing for economic reasons. Two roommates of the same sex
could be accused by anybody with whom they have a personal or public dispute of “living
together as husband and wife” and be prosecuted under this law.

Their relatives, friends or visitors could be accused of indirectly supporting in private a
same sex amorous relationship just by visiting them.

In a tactile society like Nigeria where people of same sex frequently and freely hold each other’s
hands, wrap their arms around each other’s waist, can be seen in warm embrace, such
innocuous gesture is likely to be misconstrued, invested with sexual meaning and misused for
malicious purpose. With the passage of this bill we are likely to see increased rate of
harassment, witch-hunt and vindictive accusations which will impact on every Nigerian.

In the hands of unscrupulous politicians and aspirants, the legislation could be used as a
powerful tool to undermine and discredit opponents thus subjecting prospective candidates to
political blackmail or defamation of character and integrity.
Under the proposed legislation, it will be an offense to advocate against the law without being
found guilty of indirectly supporting same sex marriage or relationships. This would be an
inherent contradiction for a democratic system.

 

Under this legislation lawyers will be unable to offer legal representation. In fact such
lawyers would be criminalized for representation and defense of perceived same sex related
cases.

 

The Bill passed by House of Representatives defined marriage to be a legal union between
persons of opposite sex in accordance with the marriage act, Islamic law or customary law. We
believe that by virtue of the Constitution, powers enabling the National House of Assembly to
make laws over matters that are under the exclusive lists. Marriage by law is under the residuary
list, which is the exclusive prerogative of each state of the Federation.

We are concerned that the passage of this bill would further encourage security agents such as
the police to arbitrarily accuse, harass and arrest citizens on spurious grounds creating fear,
suspicion and anxiety among the populace.

We are further concerned that before the passage of the bill, the principle of fair hearing was not
put into consideration. The Bill contravenes the spirit of the 1999 constitution Chapter II section
17 (1), (2) (a-c) which states that social order is founded on ideals of freedom and equality and
that every citizen shall have equal rights, obligations and opportunities before the law and shall
uphold the sanctity of every person and enhance human dignity and ensure that all
governmental actions shall be humane.

Democracy is about the rule of law, and as a secular state the evocation of religion and morality
to police citizens’ private lives does not reconcile with democratic principles. Democracy gives
all citizens freedom of expression, association and equality before the law. The passage of the
Bill not only directly conflicts with and violates the principles of democracy; it also returns
Nigeria to the autocracy of the military era.

In the light of the above concerns, we call on the Senate, the House of Representatives and the
Office of the President of the Federal Republic of Nigeria to;

1. To immediately consult with the National Human Rights Commission, Civil Society
Organizations and other stakeholders on the human rights implications of this Bill;
2. To immediately withdraw the Bill and uphold the mandate as available in Chapter IV of
the 1999 Constitution of the Federal Republic of Nigeria which stipulates the protection
and promotion of fundamental human rights of all citizens.

 

STATEMENT SIGNED BY:

Organizations

AL- Centre for Human Development

Alliance for Africa and Nigeria Feminist forum

Changing Attitude Nigeria

Coalition for the Defence of Sexual Rights
International Centre for Advocacy on Rights to Health

International Centre for Reproductive Health and Sexual Rights

Improved Youth Health Initiative

Legal Defence and Assistance Project

Queer Alliance

The Initiative for Equal Rights

The Initiative for Improved Male Health

Women’s Health and Equal Rights Initiative

_____________________________________

Aken’Ova Dorothy

Alimi Bisi

Ayo Obe

Akoro Joseph Sewedo

Ayesha Imam

Akudo Oguaghamba

Abayomi Aka

Akin Ayo

Anyaegbunam Onyinye

Bibi Bakare Yusuf

Chino Obiagwu

Chris Kwaja

Davis Mac- Iyalla

Dumebi Chukwuka

Emmanuella D. David-ette

Emmanuella Ndunofit

Ifeanyi Kelly Orazulike

Iyayi Osazeme Odgie Oyegun

John Adeniyi

Kole Shettima

Kemi Williams

Michael Akanji

Otibho Obianwu

Owen Ibukun

Olumide Makanjuola

Rashidi Williams

Stephen Chukwumah

Shola Ajibola

Tope Oke

Uche Sam

Victor Ogbodo

Yemi Candide Johnson

Zaharadeen Gambo

 
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Posted by on January 22, 2014 in Uncategorized

 

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