A draconian anti-gay law passed by the Nigerian
parliament last year and quietly signed by President Goodluck Jonathan this
month has led to the arrest of scores of homosexuals and set off an
international wave of condemnation.
The Same Sex Marriage Prohibition Act
criminalizes gay marriage and civil unions, imposing punishment of up to 14
years in prison for gay couples who openly display their relationship in a
country where, according to polls, 98% of society shuns homosexuality as
deviant behavior.
"This is a law that is in line with the
people's cultural and religious inclination," Jonathan's spokesman, Reuben
Abati, was quoted by the Associated Press as saying. "It is a law that is
a reflection of the beliefs and orientation of Nigerian people.... Nigerians
are pleased with it."
A report on "The
Global Divide on Homosexuality" by the Pew Research Center last year
found Nigerians to be the most intolerant of gays among 39 countries examined,
with 98% of survey respondents saying homosexuality should not be accepted by
society. Anti-gay attitudes were also expressed by more than 90% of those
polled in Senegal, Ghana, Uganda, Kenya, Jordan, Egypt, Tunisia and the
Palestinian territories, according to the Pew Center research.
Sodomy was already illegal in Nigeria when the
government last year proposed the stricter measures against legally recognized
gay relationships, public displays of affection between people of the same sex
and advocacy for gay rights, including prohibitions against organizations
dedicated to the fight against the spread of HIV/AIDS.
Since Nigerian lawmakers enacted the law Dec. 17,
dozens of gay men have been arrested in the conservative northern reaches of
the country, where homosexuality is punishable by death in some provinces
governed by sharia, or Islamic law, the Daily Telegraph reported.
Dorothy Aken’Ova of Nigeria’s International
Center for Reproductive Health and Sexual Rights told foreign media in Nigeria
that police in Bauchi state arrested several gays this month and tortured them
into giving up the names of others. Authorities have drawn up a list of 168
men, 38 of whom are already in custody, she said.
The new law has been condemned as a human rights
violation by U.S. Secretary of State John F. Kerry, as well as the leaders of
Canada and Britain, the latter the former colonial power in Nigeria and author
of the initial anti-gay laws.
"The United States is deeply concerned by
Nigeria’s enactment of the Same Sex Marriage Prohibition Act," Kerry said
in a statement Monday. "Beyond even prohibiting same sex marriage, this
law dangerously restricts freedom of assembly, association, and expression for
all Nigerians."
The law is also "inconsistent with Nigeria’s
international legal obligations and undermines the democratic reforms and human
rights protections enshrined in its 1999 Constitution," Kerry said.
The Geneva-based International Service for
Human Rights denounced the law as likely to have "wide-ranging and
damaging impacts on the rights" of homosexuals and said the international
community demanded its repeal.
"International human rights
law prohibits discrimination on the grounds of sexual orientation and gender
identity," said Heather Collister, the organization's gay rights program
manager. "It also protects the rights to freedom of association and expression.
This law is manifestly incompatible with international human rights standards
and must be repealed."
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