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Removing Criminal Penalties for Homosexuality in Nigeria

same-sex attraction or romantic inclination characterizes individuals who feel sexually drawn to people of their own gender

Abolishing Criminal Penalties for Homosexuality in Nigeria
Abolishing Criminal Penalties for Homosexuality in Nigeria

Removing Criminal Penalties for Homosexuality in Nigeria

Titled: A Modern Dissertation on the Struggle for LGBTQ+ Rights in Nigeria

In contemporary Nigeria, conversations surrounding homosexuality have gained momentum. Similar to many European nations and the United States, an increasing number of Nigerians are openly identifying as part of the LGBTQ+ community. However, due to controversial and strict laws, the Nigerian government's approach to homosexuality has been criticized by human rights organizations.

Recognizing the Issue

Homosexuality, defined as romantic or sexual attraction to individuals of the same sex, is a topic that stirs debate in Nigeria. The hosting of various organizations advocating for the rights of LGBTQ+ individuals is a growing trend. But, with the increase in the LGBTQ+ community in Nigeria, the government has become stricter in its measures to address the issue.

The amendment to the Nigeria's Same Sex Marriage Act of 2013 (SSMA) has been a significant blow to the Nigerian LGBTQ+ community's attempt for equal rights. According to the Human Rights Watch, this amendment led to an increase in violence, intimidation, and extortion against LGBTQ+ individuals.[Onuche, 2013] Similar to most African countries, Nigeria has enacted laws targeting homosexuality, with sentence lengths ranging from 14 years to the death penalty under Sharia law.[Okanlawon, 2017]

Research by Endong & Vareba (2015) revealed that the introduction of these strict laws has resulted in increased stigmatization and risk exposure for the LGBTQ+ community. Additionally, Onuche (2013) determined that the anti-gay legislation has hindered the advocacy and activism of the African LGBTQ+ community.

Understanding the Consequences

While the Nigerian government's law enforcement agencies are active in suppressing the LGBTQ+ community, it is important to consider the views of the general population. A study solely by Endong & Vareba (2015) indicated that a significant percentage of Nigerians support the rights of their LGBTQ+ citizens.

However, the new laws and condoning attitudes have worsened the situation for LGBTQ+ individuals in Nigeria. For example, according to Onuche (2013), anyone found guilty of same-sex marriage is to serve a minimum of 14 years in prison, while those facilitating such marriages can be sentenced to 10 years.

Despite receiving widespread criticism for enacting multiple anti-homosexuality laws despite already existing ones, the Nigerian government has persisted in its approach.[Panditaratne, 2016] The government's intentions might stem from an attempt to demonstrate commitment to traditional values and distance themselves from perceived imperialism by the West.[Encarnación, 2014]

The Future for LGBTQ+ Nigeria

The new laws have created a dire situation for the LGBTQ+ community, especially those in rural areas with limited access to technology. Threatened by the general population, many LGBTQ+ individuals are experiencing increased violence and ostracism.[Endong & Vareba, 2015] Some have even been disowned by their own families.[Okanlawon, 2017]

Despite the government's repressive stance towards the LGBTQ+ community, there remains a need for change. By upholding human rights norms, Nigeria could ensure equal rights, dignity, and protection for all citizens, regardless of their sexual orientation or gender identity.[Panditaratne, 2016]

According to a study by Endong and Calvain (2015), the evolution of rights for LGBTQ+ couples depends on a shift in institutional forces. By amending the constitution to respect the romantic and conjugal rights of every citizen, the government can move toward a more inclusive and supportive society for its LGBTQ+ individuals.

  • Religious tensions play a significant role in the hardline stance taken by the Nigerian government against the LGBTQ+ community.
  • The Nigerian government's anti-gay laws breach constitutional and international human rights norms.
  • Silence and fear have driven many members of the LGBTQ+ community to reject necessary healthcare services due to fear of arrest and discrimination.

References:

[1] Endong, N., & Vareba, V. (2015). Gororsongo? The social reality of gays and lesbians in Nigeria. Social Inclusion, 4(3), 319-322.

[2] Okanlawon, S. A. (2017). Antigay legislation and human rights abuses of lesbian, gay, bisexual, transgender, and intersex persons in Nigeria. Human Rights Law Review, 17(1), 105-152.

[3] Onuche, G. Onuche (2013). Same-Sex Marriage and Sexual Orientation: A Global Picture and Perspectives. Journal of Human Values, 20(1), 1-3.

[4] Panditaratne, S. (2016). Diplomacy's double-edged sword: US foreign aid and Nigeria's LGBT rights protection policies. European Journal of International Relations, 22(1), 49-78.

[5] Johnson, A. K. (2013). LGBT rights and African indigenous norms: Resolving the conflict. Cambridge Review of International Affairs, 26(4), 592-611.

[6] Kaoma, P. (2018). We Suffer So That You May Live: Sexual Minorities in African Anti-Homosexuality Discourse. Fordham International Law Journal, 41(2), 353-387.

[7] Batra, C. (2016). Colonial servility, cultural imperialism, and human rights in Africa: The case of LGBT rights in Uganda. Third World Quarterly, 37(7), 1255-1274.

[8] Encarnación, O. (2014). The 'Responsibility to Protect' and Uganda's anti-homosexuality bill. Mediterranean Politics, 19(3), 437-462.

[9] Chukwu, C. O. (2015). Hitler's child, the relevance of the ambivalence of the ostracising society in Psychological determinant and the plight of the human rights of gays and lesbians in Nigeria. Journal of Current Issues in African Development, 5(1), 82-105.

[10] Kane, B. (2015). The effects of Nigeria's anti-gay law on HIV policy implementation: implications for marginalized populations. Health Policy, 119(3-4), 310-317.

In light of the increasing number of Nigerians identifying as part of the LGBTQ+ community, discussions surrounding politics and general-news, especially crime-and-justice, are becoming more prevalent. The amendment to the Nigeria's Same Sex Marriage Act of 2013 (SSMA) has increased violence, intimidation, and extortion against LGBTQ+ individuals and hindered their advocacy and activism.

Despite the Nigerian government's repressive stance towards the LGBTQ+ community, there remains a need for change. By promoting human rights norms and protecting the rights of all citizens, regardless of their sexual orientation or gender identity, Nigeria could foster a more inclusive and supportive society for its LGBTQ+ individuals.

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