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Recognition of same-sex unions in Nigeria

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Part of the LGBTQ rights series
Marriage

Recognized

Civil unions or registered partnerships but not marriage
Minimal recognition
See also
Notes
  1. ^ a b Performed in the Netherlands proper (including the Caribbean Netherlands), as well as in Aruba and Curaçao. May be registered in Sint Maarten in such cases, but the rights of marriage are not guaranteed.
  2. ^ Neither performed nor recognized in Niue, Tokelau, or the Cook Islands.
  3. ^ Neither performed nor recognized in six British Overseas Territories.
  4. ^ a b Neither performed nor recognized in some tribal nations. Recognized but not performed in several other tribal nations and American Samoa.
  5. ^ Registered foreign marriages confer all marriage rights. Domestic common-law marriages confer most rights of marriage. Domestic civil marriage recognized by some cities.
  6. ^ a b c d e The Coman v. Romania ruling of the European Court of Justice obliges the state to provide residency rights for the foreign spouses of EU citizens. Some member states, including Romania, do not follow the ruling.
  7. ^ A "declaration of family relationship" is available in several of Cambodia's communes which may be useful in matters such as housing, but is not legally binding.
  8. ^ Guardianship agreements, conferring some limited legal benefits, including decisions about medical and personal care.
  9. ^ Inheritance, guardianship rights, and residency rights for foreign spouses of legal residents.
  10. ^ Courts have recognised guru–shishya, nata pratha or maitri karar–type contractual relationships, but they are not legally binding.
  11. ^ Some cities and prefectures issue partnership certificates, but they are not legally binding.
  12. ^ Marriages conducted abroad between a Namibian national and a foreign spouse recognized for residency rights.
  13. ^ Hospital visitation rights through a "legal representative" status.
  1. ^ a b Not yet in effect.
LGBTQ portal

Nigeria recognizes neither same-sex marriages nor civil unions for same-sex couples. Homosexuality can land men up to 14 years in prison in Southern Nigeria and capital punishment for men in areas under Sharia Islamic Law. Proposals to constitutionally ban same-sex marriage compacted with severe penalties to those convicted of performing or participating in such, have twice surfaced. A similar bill is currently pending parliamentary approval.[1]

On January 18, 2007 the Federal Executive Council approved a law, Same Sex Marriage (Prohibition) Act 2006, prohibiting same sex marriages and sent it to the National assembly for urgent action. According to the Minister of Justice, Chief Bayo Ojo, the law was pushed by President Olusegun Obasanjo following demonstrations for same sex marriage during the international conference on HIV/AIDS (ICASA) in 2005.

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.[2] The bill is expected to receive little or no opposition in Parliament. The same-sex marriage ban would make Nigeria the second country in Africa to criminalize such unions. In 2005, the Ugandan constitution was amended to ban same-sex marriage.[3]

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.[4]

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' Rights and a barrier to the struggle against the spread of AIDS. Some sources claim that Nigeria has the world's third-highest population of persons with AIDS: 3.6 million Nigerians are infected with HIV.[citation needed]

Same Sex Marriage (Prohibition) Act of 2013

In 2008, the Same Gender Marriage Prohibition bill came up before the Senate, the bill was passed in 2013 after a series of amendments. Nigeria is a homophobic nation[5] and the passage of the bill received little opposition from the people. The bill voids marriage contracts between people of the same sex and persons aiding and abetting same sex marriages. However, there already existed a bill criminalizing homosexuality and questions were raised about the importance of the new bill.[5] The major difference is that, the bill went further than the previous criminal and penal codes by prohibiting same sex marriages and actions aiding same sex unions by Nigerian citizens. Persons witnessing, officiating or supporting gay acts or weddings can be charged in court. The law is a way to use scare tactics to discourage same sex unions.[citation needed]

See also

Notes

References

  1. ^ NIGERIA'S PROPOSED BAN ON SAME-SEX PARTNERSHIPS AN ASSAULT ON HUMAN RIGHTS
  2. ^ "Nigeria: Obasanjo Must Withdraw Bill to Criminalize Gay Rights", Reuters AlertNet. March 23, 2006. URL accessed on March 26, 2006
  3. ^ Uganda bans same-sex marriage
  4. ^ Sogunro, Ayo. "Why You Should Be Worried About Nigeria's Anti-Gay Law". ayosogunro.com. Retrieved 20 March 2014.
  5. ^ a b Adetoun Teslimat Adebanjo. (2014). Culture, morality and the law: Nigeria’s anti-gay law in perspective. International Journal of Discrimination and the Law December 2015 vol. 15 no. 4 256-270
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