In today’s world, the LGBTQ community in developed and developing countries are likely to experience issues such as intolerance, harassment, and discrimination as a result of their sexual orientation.[1] Although society is aware of human rights that extends and protects the LGBTQ community, lesbians and gays particularly continue to struggle with finding universal acceptance in society. The issue of either being lesbian or gay has been trending in the African country of Nigeria for many years, however, laws enacted to govern relationships or marriages in Nigeria does not recognize the act of homosexuality and lesbianism.[2] However, in contrast, although Australia has not yet acknowledged same sex marriage, the law recognizes that all citizens are entitled to enjoy human rights and be treated equally regardless of his or her sexual alignment.[3] Therefore, the purpose of this proposal is to present an overview of the law of gay men and lesbian in Australia and Nigeria. This paper reviews the Nigerian anti-gay law that was enacted in 2014 and compares it with the law protecting LGBTQ community in Australia.
Criminalization of Gay Men and Lesbian in Australia and Nigeria
Although the Australian government has repeatedly tried to ensure that the aforementioned groups of people are not discriminated against within the society, much prejudice still exists about gays and lesbians within the community.[4] Therefore, in Australia, legislation that recognizes the gay men and lesbian community has been established by the Australian administration aimed at enhancing that the society treats homosexual individuals equally and the employers give gay men and lesbians’ equal opportunities within the working system.[5] The law for the gay community in Australia does not only focus on supporting marriages of people of the same sexes, but also the relationship between of gay men and lesbians.[6] Accordingly, the 2003 Relationship Act (Tas), was a piece of legislation established, which was aimed at recognizing same-sex partnerships in Tasmania alone.[7] In contrast, despite criticisms from international nations, Nigeria continues to retain heavy punishment for gay and lesbian people and or couples.[8] Nevertheless, Nigerian LGBTQ community activists have been actively involved in the war against homosexuality, though this has led to the criminalization of same sex marriages and sexual relationships between same sex couples.[9]
The Law of Gay People in Both Countries
In 2014, former Nigerian President Goodluck Jonathan signed in secret an anti-gay law, in an attempt to ensure that Nigerians do not engage in same sex acts.[10] The Act imposes severe penalties engages in same relationships or witnesses a union between same sex couples. In Australia, the law of homosexual people was first introduced in South Australia in early 1970s (Walker, 2007).[11] The legislation became more successful in 1991, when the Gay and Lesbian Right Group in Tasmanian pressured the state government to amend the law protecting the LGBTQ at the state and territory level.[12] As the request in Tasmanian was successful, the government in the region uplifted the law of homosexuality and lesbianism by ensuring that every person would enjoy equal rights and freedom regardless of his or her sexual alignment.[13]
Essentially, this proposal aims to give a brief overview of both Australian and Nigerian laws with regards to their treatment of the LGBTQ community (particularly gay and lesbian couples). As briefly presented in this paper, it is evident that Australia has established laws that protects its gay and lesbian men and women, whilst the Nigerian government has implemented legislation in order to discriminate against homosexuals, with the aim of punishing those engaged in same-sex marriages and relationships.
References
Adetoun Adebanjo, ‘Culture, morality and the law: Nigeria’s anti-gay law in perspective’ (2015) 15(4) International Journal of Discrimination and the Law, 256-270.
Australian Bureau of Statistics, Australian social trends (25 July 2013) <http://www.abs.gov.au/AUSSTATS/abs@.nsf/Lookup/4102.0Main+Features10July+2013>
Australian Human Rights Commission, Face the facts: Lesbian, gay, bisexual, trans, and intersex people, (2017) < https://www.humanrights.gov.au/face-facts-lesbian-gay-bisexual-trans-and-intersex-people>
Australian Human Rights Commission, Human rights and gay, lesbian, bisexual, transgender, and intersex people, (2017) <https://www.humanrights.gov.au/sites/default/files/content/letstalkaboutrights/downloads/HRA_GLBTI.pdf>
Carolyn Doyle, and Mirko Bagaric, Privacy law in Australia (Federation Press, 2005).
Human Right Watch, Nigeria: Harsh law’s severe impact on LGBT community (20 October 2016) <https://www.hrw.org/news/2016/10/20/nigeria-harsh-laws-severe-impact-lgbt-community>
Human Right Watch, Tell me where I can be safe: The impact of Nigeria’s same sex marriage (prohibition) Act (20 October 2016) <https://www.hrw.org/report/2016/10/20/tell-me-where-i-can-be-safe/impact-nigerias-same-sex-marriage-prohibition-act>
Kristen Walker, ‘The same-sex marriage debate in Australia’ (2007) 1(2) International Journal of Human Rights 11, 109-130.
Louise Victoria Richardson-Self, ‘Coming Out and Fitting In: Same-Sex Marriage and the Politics of Difference’ (2012) 15(6) M/C Journal.
Magaji Chiroma, and Awwal Ilyasu Magashi. “Same-Sex Marriage versus Human Rights: The Legality of the “Anti-Gay & Lesbian Law” in Nigeria.” (2015) 4(1) International Law Research 11-23.
Mapayi Boladale, Oginni Olakunle, Aloba Olutayo, Akinsulore Adesanmi, ‘Sexual orientation and quality of life among students of Obafemi Awolowo University (OAU), Nigeri’ (2015) 15(4) African health sciences, 1065-1073.
Michael Flood and Clive Hamilton, Mapping homophobia in Australia (Canberra, Australia: Australia Institute, 2005).
Omar Encarnación, ‘Gay rights: Why democracy matters’ (2014) 25(3) Journal of Democracy, 90-104.
Paula Gerber, Kristine Tay, and Adiva Sifris. ‘Marriage: A human right for all?’(2014) 36 Sydney Law Review, 643-667.
Subhrajit Chatterjee, ‘Problems Faced by LGBT People in the Mainstream Society: Some Recommendations.” (2014) 1(5) International Journal of Interdisciplinary and Multidisciplinary Studies, 317-331.
Tanja Walther-Ahrens, Lesbianism as the last taboo in women’s football (2010) <http://idrottsforum.org/articles/walther-ahrens/walther-ahrens101103.pdf>
[1] Subhrajit Chatterjee, ‘Problems Faced by LGBT People in the Mainstream Society: Some Recommendations.” (2014) 1(5) International Journal of Interdisciplinary and Multidisciplinary Studies, 317.
[2] Human Right Watch, Nigeria: Harsh law’s severe impact on LGBT community (20 October
2016) <https://www.hrw.org/news/2016/10/20/nigeria-harsh-laws-severe-impact-lgbt
community>
2 Tanja Walther-Ahrens, Lesbianism as the last taboo in women’s football (2010)
<http://idrottsforum.org/articles/walther-ahrens/walther-ahrens101103.pdf>
2 Magaji Chiroma, and Awwal Ilyasu Magashi. “Same-Sex Marriage versus Human Rights: The Legality of the “Anti-Gay & Lesbian Law” in Nigeria.” (2015) 4(1) International Law Research 11, 14.
[3] Australian Human Rights Commission, Human rights and gay, lesbian, bisexual, transgender,
and intersex people, (2017)
<https://www.humanrights.gov.au/sites/default/files/content/letstalkaboutrights/downloads/HR
_GLBTI.pdf>
3 Paula Gerber, Kristine Tay, and Adiva Sifris. ‘Marriage: A human right for all?’(2014) 36 Sydney Law Review 643, 651.
[4] Clynaro Doyle, and Mirko Bagaric, Privacy law in Australia (Federation Press, 2005) 194.
[5] Australian Human Rights Commission, Face the facts: Lesbian, gay, bisexual, trans, and
intersex people, (2017) < https://www.humanrights.gov.au/face-facts-lesbian-gay-bisexual-trans
and-intersex-people>
[6] Australian Bureau of Statistics, Australian social trends (25 July 2013)
<http://www.abs.gov.au/AUSSTATS/abs@.nsf/Lookup/4102.0Main+Features10July+2013>
[7] Louise Victoria Richardson-Self, ‘Coming Out and Fitting In: Same-Sex Marriage and the Politics of Difference’ (2012) 15(6) M/C Journal.
[8] Subhrajit Chatterjee, ‘Problems Faced by LGBT People in the Mainstream Society: Some Recommendations.” (2014) 1(5) International Journal of Interdisciplinary and Multidisciplinary Studies 317, 325.
8 Omar Encarnación, ‘Gay rights: Why democracy matters’ (2014) 25(3) Journal of Democracy 90, 96.
Mapayi Boladale, Oginni Olakunle, Aloba Olutayo, Akinsulore Adesanmi, ‘Sexual orientation and quality of life among students of Obafemi Awolowo University (OAU), Nigeri’ (2015) 15(4) African health science 1065, 1072.
[9] Human Right Watch, Tell me where I can be safe: The impact of Nigeria’s same sex marriage
(prohibition) Act (20 October 2016) <https://www.hrw.org/report/2016/10/20/tell-me-where-i
can-be-safe/impact-nigerias-same-sex-marriage-prohibition-act>
[10] Human Right Watch, Nigeria: Harsh law’s severe impact on LGBT community (20 October
2016) <https://www.hrw.org/news/2016/10/20/nigeria-harsh-laws-severe-impact-lgbt
community>
10Adetoun Adebanjo, ‘Culture, morality and the law: Nigeria’s anti-gay law in perspective’ (2015) 15(4) International Journal of Discrimination and the Law 256, 257.
10 Silas Okuefuna Obina, LGBT and the law: protecting the rights of minorities in Nigeria (2016) University of Eastern Finland, Finland.
[11] Kristen Walker, ‘The same-sex marriage debate in Australia’ (2007) 1(2) International Journal of Human Rights 11 109, 110.
[12] Daly, Margot, Anne Dehne, David Leffman and Chris Scott, Australia. (Rough Guides Limited, 2003) 77
[13] Daly, Margot, Anne Dehne, David Leffman and Chris Scott, Australia. (Rough Guides Limited, 2003) 77
