Search This Blog

Thursday 18 February 2016

RIGHTS AND DIVERSITY WITHIN EQUALITY



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