Same Sex Marriage (Prohibition) Act 2006
Encyclopedia
The Act to Make Provisions for the Prohibition of Relationship Between Persons of the Same Sex, Celebration of Marriage by Them, and for Other Matters Connected Therewith, also known as the Same Sex (Prohibition) Act 2006, was a controversial draft bill that was put before the both houses of the National Assembly of Nigeria
in early 2007.
on January 18, 2006, but it wasn't passed during the first reading. On January 18, 2007 the bill was approved by the FEC
and resent before the National Assembly. However, it received condemnation from human rights organizations for its restrictions on freedom of speech and organization, potentially placing Nigeria at odds with several international agreements to which the country is signatory; it was also seen in Nigeria as being a last-ditch election-year effort of the Obasanjo administration to appeal to public sentiment, since the second reading of the bill was being pushed after the Senate's defeat of a bill to amend the Constitution's limit on the number of presidential terms
. As a result, the bill was not passed by either house before the general election that year
.
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.
, a Nigerian LGBT rights advocate who heads the Nigerian chapter of Changing Attitude, an Anglican pro-LGBT organization based in the United Kingdom
. Mac-Iyalla, who was repeatedly arrested by Nigerian police in pro-LGBT demonstrations in previous years, was already an opponent of Peter Akinola
, the current Anglican Primate of the Church of Nigeria.
The bill also received opposition from other civil and human rights organizations in Nigeria.
and a barrier to the struggle against the spread of HIV/AIDS in Nigeria
. Some sources claim that Nigeria has the world's third-highest population of persons with AIDS: 3.6 million Nigerians are infected with HIV.
Nigeria
Nigeria , officially the Federal Republic of Nigeria, is a federal constitutional republic comprising 36 states and its Federal Capital Territory, Abuja. The country is located in West Africa and shares land borders with the Republic of Benin in the west, Chad and Cameroon in the east, and Niger in...
in early 2007.
History
It was first placed to the National Assembly by Justice Minister Bayo OjoBayo Ojo
Christopher Adebayo Ojo is a former Attorney General of the Federal Republic of Nigeria. As such, he is also a past head of the Nigerian Federal Ministry of Justice. He is a legal practitioner and is licensed to practice in Nigeria, England and Wales. He is a Senior Advocate of Nigeria.-Early life...
on January 18, 2006, but it wasn't passed during the first reading. On January 18, 2007 the bill was approved by the FEC
Federal Ministries of Nigeria
The Cabinet of Nigeria is the Executive Branch of the Government of Nigeria.The Cabinet members are appointed by the President and report to the President....
and resent before the National Assembly. However, it received condemnation from human rights organizations for its restrictions on freedom of speech and organization, potentially placing Nigeria at odds with several international agreements to which the country is signatory; it was also seen in Nigeria as being a last-ditch election-year effort of the Obasanjo administration to appeal to public sentiment, since the second reading of the bill was being pushed after the Senate's defeat of a bill to amend the Constitution's limit on the number of presidential terms
Third Term Agenda
Third Term Agenda is a term which was used to describe alleged, controversial attempts by supporters of Nigerian President Olusegun Obasanjo to change the constitution to allow for a third term in office...
. As a result, the bill was not passed by either house before the general election that year
Nigerian general election, 2007
The Nigerian general elections of 2007 were held on 14 April and 21 April 2007. Governorship and state assembly elections were held on 14 April, while the presidential and national assembly elections were held a week later on 21 April. Umaru Yar'Adua won the highly controversial election for the...
.
Details
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. The bill is expected to receive little or no opposition in Parliament.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.
Domestic
One of the stiffest domestic opponents of the legislation was Davis Mac-IyallaDavis Mac-Iyalla
Davis Mac-Iyalla is a Nigerian LGBT rights activist. He established the Nigerian wing of the British Changing Attitude organization, which presses for internal reform of the Anglican Communion for further inclusion of Anglican sexual minorities.He came out to himself at the age of 14, but his...
, a Nigerian LGBT rights advocate who heads the Nigerian chapter of Changing Attitude, an Anglican pro-LGBT organization based in the United Kingdom
United Kingdom
The United Kingdom of Great Britain and Northern IrelandIn the United Kingdom and Dependencies, other languages have been officially recognised as legitimate autochthonous languages under the European Charter for Regional or Minority Languages...
. Mac-Iyalla, who was repeatedly arrested by Nigerian police in pro-LGBT demonstrations in previous years, was already an opponent of Peter Akinola
Peter Akinola
Peter Jasper Akinola is the former Anglican Primate of the Church of Nigeria. He is also the former Bishop of Abuja and Archbishop of Province III, which covers the northern and central parts of the country....
, the current Anglican Primate of the Church of Nigeria.
The bill also received opposition from other civil and human rights organizations in Nigeria.
International
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' RightsAfrican Charter on Human and Peoples' Rights
The African Charter on Human and Peoples' Rights is an international human rights instrument that is intended to promote and protect human rights and basic freedoms in the African continent....
and a barrier to the struggle against the spread of HIV/AIDS in Nigeria
HIV/AIDS in Nigeria
In Nigeria, the HIV prevalence rate among adults ages 15–49 is 3.9 percent. Nigeria has the third-largest number of people living with HIV. The HIV epidemic in Nigeria is complex and varies widely by region...
. Some sources claim that Nigeria has the world's third-highest population of persons with AIDS: 3.6 million Nigerians are infected with HIV.