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Advocacy statements

UPR statement on Nigeria (2014)

  • Date / 2014
  • Location / Nigeria
  • Relevant Institution / UN Human Rights Council
  • UN Item / Item 6: Universal Periodic Review

ORAL STATEMENT

International Humanist and Ethical Union

United Nations Human Rights Council, 25th Session (3rd – 28th March 2014)

UPR: Nigeria

In its UPR report, the Nigerian delegation attempted to justify denying equality for homosexuals on the grounds that “all attempts to integrate sexual orientation into existing universally recognized human rights had so far failed’[1] and that ‘national and cultural values”[2] prevented it from accepting related recommendations.

However, no further ‘integration’ is necessary; anti-homosexuality legislation is simply unacceptable under existing international human rights law[3]. This has been reiterated by the Secretary General[4], and by the High Commissioner who affirmed that “the principle of universality admits no exception”[5].

Moreover, since when have national and cultural values been accepted by this Council as taking precedence over the universality of human rights? To cite popular support for anti-homosexuality legislation is irrelevant as it is the State’s role as human rights guarantor to protect equality “without distinction of any kind”[6].

It is deplorable that Nigeria not only fails to address rampant homophobia, but also enshrines it in domestic law[7].

Nigeria claimed that, “there was no policy or practice of witch-hunting people on the basis of their sexual orientation”[8]. That is semantics: the Chairman of Bauchi state Shariah Commission reportedly said that they are “on the hunt”[9] for homosexuals, while the deputy head of the Hisbah in Kano state declared that they will “wage serious war”[10] against them.

For more information regarding equality for homosexuals and its place in international human rights legislation, may we direct the Nigerian delegation to the OHCHR’s ‘Born Free and Equal’[11] guidebook.

We implore the Nigeria to honour its membership to this Council and to the latter’s founding principle by accepting and implementing UPR recommendations 138.1-138.10 such that equality may be enjoyed by all Nigerians, without discrimination.


Endnotes

[1] UPR Report A/HRC/25/6, Paragraph 16, p.4

[2] UPR Report A/HRC/25/6, Paragraph 69, p.9

[3] For more information regarding this issue, please see ‘Born Free and Equal: Sexual Orientation and Gender Identity in International Human Rights Law’, a brochure released by OHCHR (2012) http://www.ohchr.org/Documents/Publications/BornFreeAndEqualLowRes.pdf

[4] Statement attributable to the Spokesperson for the Secretary-General on Nigeria, New York, 15 January 2014 http://www.un.org/sg/statements/?nid=7399

[5] Address by United Nations High Commissioner for Human Rights Navi Pillay, Sixty-third Session of the General Assembly, New York, 18 December 2008.

[6] Article 2.1, International Covenant on Civil and Political Rights http://www.ohchr.org/en/professionalinterest/pages/ccpr.aspx

[7] Same Sex Marriage (Prohibition Act), signed in to law 13th January 2014

[8] UPR Report A/HRC/25/6, Paragraph 16, p.4

[9] http://www.cbsnews.com/news/dozens-arrested-for-being-gay-in-north-nigeria/

[10]http://www.google.com/hostednews/afp/article/ALeqM5gTvLsiq1oK6jRLz0E5fqBhycSEpw?docId=263f9e4c-e963-4189-8e09-9753561cbd1d&hl=en

[11] ‘Born Free and Equal: Sexual Orientation and Gender Identity in International Human Rights Law’, a brochure released by OHCHR (2012)  http://www.ohchr.org/Documents/Publications/BornFreeAndEqualLowRes.pdf

Suggested academic reference

'UPR statement on Nigeria (2014)', Humanists International

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