I hope to change the myopic mindset of individuals who
grew up not knowing that we all have rights as long as we live, life itself is
a right and we need to understand that we are all diverse in nature, identity
and desires. There should be acceptance and equality. We need to respect each
other’s opinion about life, rights, space/privacy, freedom of expression and be
of good conduct where ever we find ourselves.
Rights are rights as long as it is not a threat to
national or international security. Law that criminalizes and have negative
effect on key populations which is made up of about 40% of the general
population of any Continent or Nation is a bad law. In Nigeria for instance,
there are cultural and religious laws including the criminal and sharia penal
codes that have negative impact/effect on minorities/vulnerable groups such as
the LGBT community which has made it difficult for anyone to want to identify
as an LGBT let alone live a free life. The Nigerian federal law (Same
Sex-Marriage Prohibition Act “SSMPA”) contradicts the fundamental human rights
of all citizen in chapter 4 of Nigerian constitution. This is a problem between
law and practice. it has worsen the situation and made it more difficult to
reach the target group with health services, behavior change programs and most
times, members of the community cannot even have access to health due to fear. Maybe
we have also forgotten that the key target group constitute the highest number
of HIV/STI prevalence rate in Nigeria as they can’t confidently come out
to get tested in other to know their
status, neither do they feel comfortable to access treatment and medication
related to STI as the environment is not suitable. The SSMPA is a bad law more
so, wrongly practiced.
Another concern I personally have with the target
group themselves is self-stigma, because the moment you label yourself as an LGBT
person then you have already marginalized yourself. Its ok to accept who you
are , but this becomes a problem when you allow it control you; it gets into
your head, and negatively, your freedom within you is tampered with, fear and
insecurity steps in and sooner or later you fall into trap. some of you engage
in risky behavior and act abnormal, you should be able to live normal and do
what is right regardless your sexual orientation or status, being free does not
give you right to misbehave let alone in a society that criminalizes you
because you are who you are. LGBT persons are not “special” or “different” from
the general population, they are citizens of the country, they are well
represented in every family and community.
The problem begins the moment we start marginalizing
some set of individual because of their sexuality , orientation, identity, disability,
social class etc. There are too many important things a Nation should focus on
rather than invading into people’s private lives and criminalizing citizens
that mean no harm. No nation can grow by criminalizing people that are not
security threats to the Nation. We need transformation on how laws are
practiced.
A nation should not be judged by how it treats it’s highest citizens, but it’s lowest
citizens………Nelson Mandela
Rights and equality is for all. The law criminalizing LGBT persons in Nigeria
affects only the less fortunate ones, the young ones and the helpless, which is
double/multiple discrimination. The law has not criminalized, arrested or
attacked any celebrity, dignitary or well to do person that is LGBT, even
though the ones at the top “influential” are the one encouraging the younger folks
and because most of the young folks are not influential, less fortunate and
often less oriented/informed, they go about flaunting and engaging in
activities that put them in danger making it difficult for us as human rights
defenders to do our work most time.
Another point is LGBT persons are not sex workers.
They are just people with their own identity, desire, orientation and dignity.
We have male sex workers just the same way we have female sex workers
regardless whether they sleep with men or women. For instance a young man that
sleeps with an elderly woman or random women for benefit (gigolo) is also a
male sex worker. If we can try as much as possible not to be homophobic/stereotypes
and concentrate on more meaningful things of life even as LGBT, the better for
us all. No one is abnormal for being an LGBT and if you think it’s wrong, then
live it for God to judge. Being an LGBT person has nothing to do with laws that
govern a nation as sex between consenting partners/adults is not a crime. Gender
identity/sexual orientation shouldn’t be
your problem. It is not a legal issue but societal.
Lesbian, gay,
bisexual and transgender (LGBT) people face unique legal and social challenges
in Nigeria. LGBT rights are not recognised and there is no legal protection
against discrimination. Not many LGBT Nigerians are open about their sexual
orientation, and those who are open or suspected often face violence, threats
and attack. Sexual relations between people of the same sex are illegal in
Nigeria. In the Northern states that have adopted sharia law, the punishment
for same-sex relations is death by stoning. According to Southern Nigerian
secular law, the punishment for same-sex activity is up to 14 years of
imprisonment. The Same-Sex Marriage Prohibition Act criminalises all forms of
same-sex unions and same-sex marriage throughout the country. The SSMPA was
passed into law, signed by former President Goodluck Jonathan on January 14th
2014. These laws and abuses of human rights have been widely criticized by
human and civil right organizations, as well as the United Nations.
Being an LGBT is
an identity and people with these identity respectively have rights and
dignity.
What we need is
information, education and social change. Again the change that we
call for is not one of legalizing marriage between same sex oriented persons.
But freedom, peace and social change that reflects that the constitutional and fundamental
rights of all Nigerians will be respected in accordance with International laws
and treaties to which we are signatory as a country.
Article by
Kayode
Gomes
Founder/Chairman
Love
planet International Foundation
Contributors
Shelter City Program
Justice and Peace Netherlands
Prof. Dr. Yvonne M. Donders
Head of the Department of International
and European Public Law
University of Amsterdam