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Why Same-Sex Marriage Should Not Attract Punishment In Nigeria -By Adejumo Kabir

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Same sex marriage

It saddens one heart to know that Nigeria law criminalizes same-sex marriage and even gay organizations. The criminalization even attracts some severe punishment of up to 14 years in jail for gay marriage and even up to 10 years imprisonment for membership or encouragement of gay societies and organizations in Nigeria under the Same-Sex Marriage Prohibition Act 2014. This is nothing but abuse of citizens’ fundamental human rights.

Following the criminalization, the government in its ‘wisdom’ also targeted groups formed to combat AIDS among gays. The U.N. agency fighting AIDS and the Global Fund to Fight AIDS, Tuberculosis and Malaria have expressed “deep concern that access to HIV services for lesbian, gay, bisexual and transgender people will be severely affected by a new law in Nigeria — further criminalizing LGBT people, organizations and activities, as well as people who support them.” Meanwhile, Nigeria has the second-largest HIV epidemic globally.

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The arguments are often simple. The government says it is against African culture and belief. But is democracy part of African culture? No, we adopted the culture of the whites. We cannot continue to follow the doctrines that we are pleased with and create an excuse for the ones authorities don’t like. The right to free will is natural and should not be denied by anyone or authority.

Since the passage of this law, there has been a high rate of violence against LGBT people by security agents. The Special Rapporteur on Human Rights Defenders in Africa noted with concern that “the increase in cases of physical violence, aggression, arbitrary detention and harassment of human rights defenders working on sexual minority issues.” At the cause of this piece, research was conducted to understand what lesbians and gay pass through in an environment where their rights are trampled upon. Some of them who voluntarily spoke made it known that the society perceives them guilty the moment they mention their identities and this has further hindered the way they associate with people to avoid molestation. They simply live in isolation.

Where is respect for human dignity and provided in the constitution of the Federal Republic of Nigeria? Beyond contravening the constitution, it also negates the tenets of the African Charter on Human and Peoples’ Rights (African Charter), the International Covenant on Economic, Social and Cultural Rights (ICESCR), and the International Covenant on Civil and Political Rights. All these human rights treaties condemn discrimination and protect the right of individuals to associate, free expression, privacy, and the highest attainable standard of health; prevent arbitrary arrests and torture or cruel, degrading, and inhuman treatment; and exercise due diligence in protecting persons, including LGBT individuals, from all forms of violence, whether perpetrated by state or non-state actors.

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Former U. S. President, Barack Obama once said that: “When you start treating people differently not because of any harm they are doing to anybody, but because they are different, that’s the path whereby freedoms begin to erode.” For African leaders frowning at homosexuality, they may subsequently answer the question of whether African culture and belief support violation of fundamental human rights or support oppression. You cannot punish people for an act you consider western and you cherish Christianity. Is the Bible part of our historical culture? Why follow its rules? Perhaps, because it pleases those in power.

Human rights groups must come together to defend these people’s rights and put efforts together to advocate the proper respect of LGBT people.

Adejumo Kabir is a human rights journalist. He tweets @AdejumoKabir2

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