The Federal House of Representative approved a Bill that would harshly crack down on gay rights, including banning same-sex marriage and public displays of affection between same-sex couples on Tuesday 13 November 2012.

The Bill which has already been approved by the Senate passed a second reading in the House of Representatives and was unanimously passed for the third and final reading. However, the Bill is reported to be under a "clause-by-clause" review in the lower chamber.

Nigeria is a secular state with a projection of over 160 million people of diverse cultural, Language, religious background, sexual orientation and gender identity. Despite the great diversity, Nigeria as always remained a country united in diversity.

For several years, the Legislative arm of the government have continues to propose for further criminalization of relationships between same sex oriented individuals and groups in Nigeria. These attempts for further criminalization has been used to justify human rights violation against same sex oriented persons in the country, including extra judicial killing of suspects, torture in custody, arbitrary arrest, extortion, political blackmail as well as hate crimes such as curative rape, community violence and other ineluctable list of human rights violations.

Generally, the scenario of Aluu lynching of four men based on suspicion of theft manifests that the Nigerian population is not yet equipped with adequate civic education for the interpretation of laws and fundamental human rights.

Reacting to the Bill, the Executive Director of ICARH Mr. Ifeanyi Orazulike stated that, "the Bill will further drive the populations of sexual minority targeted by civil society organizations with HIV/AIDS prevention and intervention programs underground, with grave consequences on public health". He added that "HIV/AIDS does not respect any culture, religion, race or political opinion"

ICARH condemns the bill and expresses her interpretation of the Same Sex Marriage Prohibition Bill as a deliberate attempt to create oppressive laws against the disadvantaged sexual minority population in Nigeria, despite obvious discriminatory provisions of the Criminal and Shari'a Penal Code.

The bill as it is in direct contradiction to the inalienable Fundamental Human Rights including rights to freedom of association, expression, and rights to healthcare services and thus will subjects' citizens to hate crime and violence regardless of their constitutionally guaranteed fundamental human rights if it eventually becomes a law.

Acknowledging that Nigeria is a signatory to several international and regional human rights treaties and conventions, and the constitution of the Federal Republic of Nigeria also seek to uphold and protect the
fundamental human rights of all Nigerian citizens, the Bill defies the Article 3 of the African chatter on Human and People's Rights on the rule of equality before the law as well as the 1999 constitution of the Federal Republic of Nigeria which "prohibits discrimination on any basis including sex, religion, and political opinion", Under Section 42.

The implication of this Bill runs deeper than many Nigerians can realize. Economically, discriminatory laws increases unemployment and national brain drain amongst other equally important issues.

We call on the National Human Rights Commission to advice the National Assembly in applying Human Rights principles in the discharge of her legislative responsibilities in a democratic society as Nigeria.

We call on the honorable members of the House of Assembly to utilize their power in the promotion of protection of peace and harmony among Nigerians and not propose for laws to promote conflict and violence in the country.

Signed by:

Ifeanyi Orazulike
Executive Director, ICARH
alliance.ifeanyi@gmail.com
iorazulike@icarh.org
08074949006

John Adeniyi
Human Rights and Advocacy Program Officer, ICARH
jadeniyi@icarh.org

07033272521