Despite British Objection, Nigerian Senate Passes Bill Banning Homosexuality

Despite British Objection, Nigerian Senate Passes Bill Banning Homosexuality

By Zach Waksman
Impunity Watch Reporter, Africa

ABUJA, Nigeria­ – Gay rights in Nigeria took a step backwards on Tuesday.  In the face of the United Kingdom’s threat to cut off aid to Africa’s most populous country, its Senate unanimously passed a bill that, if approved by the House of Representatives and signed by President Goodluck Jonathan, would make same-sex relationships illegal.  The action has been met with widespread approval among the general population.

Newspaper headlines in Nigeria celebrated the Senate's passage of a bill that would make same-sex relationships illegal. (Photo courtesy of AFP/Getty Images)

The bill would have several significant effects on homosexuals.  If passed, which is expected, anyone who enters into a same-sex relationship or civil union would face a 14-year term in jail upon conviction.  Those convicted of “witness[ing], abet[ting] and aid[ing]” the performance of a same-sex marriage and “support[ing] the registration [of same]” would serve 10 years behind bars, as would anybody who registered or operated a gay nightclub or organization.  It would also invalidate any certificates of marriage for same-sex relationships issued outside of Nigeria.  Section 3 of the bill provides that “only marriage contracted between a man and a woman either under Islamic law, customary law or the marriage Act is [recognized] as valid in Nigeria.”

Last month, British Prime Minister David Cameron warned that his country would consider withholding aid to countries that discriminated against homosexuals.  In justifying the bill, Senate President David Mark considered it a way of protecting his country’s values.

“If there is any country that does not want to give us aid or assistance just because we want to hold on to our values, that country can keep her aid and assistance,” he said, in what may have been a reference to the threat.  “No country has the right to interfere in the way we make our own laws because we don’t interfere in the way others make their own laws.”

Nigeria had been debating this bill for the past month.  This morning, after the bill’s passage, The Sun Newspaper’s headline proudly declared “”Homosexuals are in trouble!”  But according to Chude Jideonwo, a Nigerian journalist, the country is already strongly homophobic.  To many, the belief is that “homosexuality is ‘of the devil,’ against our ‘culture’ and an encroachment of ‘sad Western values.’”  Even before passage, he said that there was not much demand, “even a quiet one,” for gay marriage of any form.  This raises the question of why the issue was raised in the first place.

“I can’t recall a particular place where this type of marriage has taken place in Nigeria,” said Adetokunbo Mumuni, director of the Socio-Economic Rights and Accountability Project.  “This particular thing they have assented to is a thing of no substance to Nigeria. They should focus on things that affect the majority of Nigerians.”

In international circles, the bill has not received much praise.  Andrew Lloyd, the U.K.’s High Commissioner to Nigeria, reiterated the possibility of sanctions, but added that the media may have overblown Cameron’s remarks.  On Wednesday, he spoke to journalists in Dutse to better explain the British position, which he believed would be matched by most of the Western world.

“It is wrong to punish people for mere expression of their relationships or for choosing to become what they have chosen for themselves,” Lloyd said.  “Punishment is infringement upon their fundamental human rights and the western countries would not condone the action.”

Amnesty International, a human rights group, condemned the legislation and called for the House to halt the bill’s passage.  It is concerned with the potentially massive effect the law would have on human rights for a wide variety of people besides the newly-criminalized homosexual population.

“This bill would have a chilling effect on a range of civil society organizations and events while inciting hatred and violence against anyone suspected of practicing same-sex relationships, including lesbian, gay, bisexual, and transgender people,” said Erwin van der Borght, director of the organization’s Africa Programme.  “By aiming to single out and deprive the rights of one group of people, this bill threatens all Nigerians by violating the country’s Constitution and international human rights obligations.”

According to one of its supporters, an alleged effect of the bill would be an improvement in Nigeria’s overall health.

“Same sex marriage has negative effect on the health of anyone that involved in it,” said Senator Nkechi Nwogu.  “It was unanimous decision by the Senate to pass the bill into law. It is very unfortunate that the western countries want to force their culture on us.”

With similar legislation being discussed or otherwise proposed elsewhere on the continent, this might be the right time for the continent start a dialogue on the topic, which is normally a social taboo. Many African countries depend heavily on foreign aid to remain afloat.  To some, this situation presents an opportunity to deal with the issue directly, instead of trying to suppress it.

“Now is the time to talk about it … to get our house in order.  Let’s use this opportunity to say, ‘OK, if we didn’t have aid, how would we survive?’” said Nigel Mugamu of Zimbabwe. “Let’s talk about gay rights issues. Let’s turn this into a national – African discussion.”

For more information, please see:

CNN — Anti-Gay Law: ‘Why I’m Ashamed to Be Nigerian’ — 01 December 2011

CNN — Nigerian Senate Passes Anti-Gay Bill, Defying British Aid Threat — 01 December 2011

Daily Trust — Britain Won’t Accept Anti-Gay Law, Says Envoy — 01 December 2011

Nigerian Tribune — Senate Recommends 14-Year Jail Term for Same Sex Marriage — 30 November 2011

This Day — Senate Criminalises Same-Sex Marriage — 30 November 2011

Amnesty International — Nigeria Urged to Halt Bill Banning Same-Sex Relationships — 29 November 2011

People’s Daily — Senate Outlaws Same-Sex Marriage — 29 November 2011

Vanguard — Senate Bans Same-Sex Marriage — 29 November 2011

Sentencing Minors to Life Without Parole

By Brittney Hodnik
Impunity Watch Reporter, North America

WASHINGTON, United States – Amnesty International is advocating for the United States to stop its policy of courts sentencing children to life in prison without parole.  Amnesty’s recent publication, “This is where I’m going to be when I die; Children facing life imprisonment without the possibility of parole in the USA,” highlights the problems associated with condemning children to life in prison; the report illustrates the problem through the stories of three people.

Christi Cheramie was sentenced to life without parole at the age of 16. (Image courtesy of Amnesty International)

RTT News reports that there are more than 2,500 adult prisoners serving life in prison in the U.S. for crimes they committed as children.  Further, Irish Times News reports that in the United States, children as young as 11 years old have received life sentences.

Natacha Mension is a Campaigner on the USA at Amnesty International.  She said, “In the USA, people under 18 years old cannot vote, buy alcohol, lottery tickets or consent to most forms of medical treatment but they can be sentenced to die in prison for their actions.  This needs to change.”

As of now, according to RTT, Amnesty International reports that the United States and Somalia are the only two nations that have not ratified the U.N. Convention on the Rights of the Child.  This convention forbids life sentences without parole for crimes committed by minors, no matter what the crime is.  The convention has been in place for nearly two decades now.

The United States Supreme Court found that “life without parole is an especially harsh punishment for a juvenile” because a child offender “will serve, on average, more years and a greater percentage of his or her life in prison than an older offender” will serve for the same crime, according to Amnesty International.

BBC News further reports that Amnesty reinforces the idea that it does not condone child crime whatsoever.  “We are not excusing crimes committed by children or minimizing their consequences, but the simple reality is that these sentences ignore the special potential for rehabilitation and change that young offenders have,” said Mension.

Amnesty’s above-mentioned case study took an in depth look at three people including Christi Cheramie.  Cheramie killed her 18-year-old fiancé’s great aunt when she was 16 years old.  She is now 33 and still in prison, seeking an executive clemency with the Louisiana Board of Pardons.  The report details her childhood which was “marked by sexual abuse” and at least two attempts of suicide.

Amnesty will continue to press the United States to change its policy in this area of law and sentencing, arguing that life imprisonment for a minor is too harsh a sentence.

For more information, please visit:

BBC News– US Must Stop Jailing Minors for Life, Says Amnesty — 30 Nov. 2011

Irish Times News — Too Young to Vote, But They Can Be  Sentenced to Die in a US Prison — 30 Nov. 2011

RTT News — US Urged to Halt Jailing Minors for Life Without Parole — 30 Nov. 2011

Amnesty International — USA Must Halt Life Without Parole Sentences for Children — 29 Nov. 2011

 

Belarus Under Fire For Death Sentence

By Terance Walsh
Impunity Watch Reporter, Europe

MINSK, Belarus  —  Human rights groups and the Council of Europe have taken aim at Belarus’s death penalty practice, calling for its abolition.  Criticism follows the Belarusian Supreme Court’s November 30th death sentence for two convicted of a Minsk subway bombing.  Belarus is the only country in Europe that still executes criminals.

The two men who were sentenced to death (Photo courtesy of RFE/RL)

Dmitry Konovalov and Vladislov Kovalyov were convicted of “an act of terrorism” for the perpetration of a bombing of a subway in Minsk in April 2011.  The attack killed 15 people and wounded more than 200 others.  They were also found guilty of participating in three other bomb attacks between 2005 and 2008 that resulted in over 100 people being injured.

The explosion took place during a crackdown by Belarusian President Aleksander Lukashenko against his political opposition.  Lukashenko said the bombing attacks were “aimed at undermining peace and stability in the country.”

Both Konovalov and Kovalyov were arrested just days after the attack, but the prosecution offered little explanation and no forensic evidence to support their apprehension.

During the trial the government called the defendants “explosive enthusiasts” who were not motivated by any political persuasion.  The prosecution argued that the men were not part of any terrorist group but were only driven by “hatred for mankind.”

Prosecutors maintain that both men confessed to participating in the bombing, but Kovalyov retracted his confession during the trial.  He said his confession was given under duress.

Judge Aleksandr Fyodorstov said the defendants “pose an exceptional danger to society, and an exceptional penalty should be applied to them.”

After the sentence was issued Lyubov Kobalyov, the mother of one of the defendants, told the press that the case against her son was fabricated.

Council of Europe secretary general Thorbjorn Jagland has spoken out against Belarus’s practice of capital punishment in general following the sentence.  In a statement he said, “The crime they were found guilty of was barbaric, but their punishment should not be the same.  Belarus is the only country in Europe which still executes people and I would urge the authorities to introduce an immediate moratorium with a view to its ultimate abolition.”

Ultimately the decision whether or not to execute the defendants remains in Lukashenko’s hands.  The sentence cannot be appealed, the only recourse the defendants have is a request for a pardon from Lukashenko.

Human rights activists have also petitioned to Lukashenko to call off the death penalty.  They have also called into question the evidence used to convict the two men.  Lukashenko, however, has already called for use of the full brunt of the law for the two convicts.

Figures from Amnesty International show that Belarus has executed 400 people for various crimes since the fall of the Soviet Union in 1991.  Currently only one man is on death row in Belarus for murders committed during a robbery.

Between 1990 and 1993, 85 people were sentenced to death in Belarus and 102 were sentenced between 1998 and 2010.

Among former Soviet states Armenia, Azerbaijan, Georgia, Kyrgyzstan, Moldova, Turkmenistan, and Uzbekistan have adopted legislation officially abolishing the death penalty.  Kazakhstan, Russia, and Tajikistan have issued moratoriums on executions since 1991.

According to Amnesty International at least 17,800 people were sentenced to death worldwide in 2010.  The death penalty is most frequently imposed in China, Iran, Saudi Arabia, the United States, and Yemen.

Belarus is the only European country that still maintains capital punishment and government polls show a majority of Belarusians support the use of the death penalty for serious crimes.  A 2010 poll conducted by the Presidential Information and Analytical Center in Belarus shows 79.5 percent of Belearusians in favor of the death penalty.  Only 4.5 percent of Belarusians call for an immediate abolition of the death penalty.

Polling by independent organizations in Belarus show different figures.  One such organization shows 48 percent of the population in favor of abolition of the death penalty with another poll showing 39 percent of Belarusians against the death penalty.

The only time President Lukashenko has ever commuted a death sentence was in 1996 when he reduced a death sentence to a sentece of 20 years imprisonment.

For more information please see:

Irish Times — Death Sentence Criticized — 1 December 2011

New York Times — Belarus: Two Get Death Sentences For Subway Bombing — 1 December 2011

BBC — Belarus Metro Bomb: Two Sentenced To Death — 30 November 2011

Radio Free Europe/Radio Liberty — Belarus And The Death Penalty — 30 November 2011

Voice of America — European Council Urges Belarus To Abolish Death Penalty — 30 November 2011