MOTION FOR A RESOLUTION

13.3.2007

with request for inclusion in the agenda for the debate on cases of breaches of human rights, democracy and the rule of law
pursuant to Rule 115 of the Rules of Procedure
by Vittorio Agnoletto,
on behalf of the GUE/NGL Group
on Nigeria

B6‑0109/2007

European Parliament resolution on Nigeria

The European Parliament,

–   having regard to its previous resolutions on Nigeria;

A.   whereas the Federal Minister of Justice of Nigeria presented on January 19, 2006 to the Federal Executive Council a “Bill for an Act to make provisions for the prohibition of sexual relationship between persons of the same sex, celebration of marriage by them and for other matters connected herewith”;

B.   whereas the bill criminalizes same sex marriage, defined by article 2 as the “coming together of two persons of the same gender or sex in a civil union, marriage, domestic partnership or other form of same sex relationship for the purposes of cohabitation as husband and wife”, as well as the “registration of Gay Clubs, Societies and organizations by whatever name they are called” and any “publicity, procession and public show of same sex amorous relationship through the electronic or print media physically, directly, indirectly or otherwise”,

C.  whereas under article 7 of the bill “any person who is involved in the registration of gay clubs, societies and organizations, sustenance, procession or meetings, publicity and public show of same sex amorous relationship directly or indirectly in public and in private is guilty of an offence and liable on conviction to a term of 5 years' imprisonment”,

D.   whereas the House of Representatives and the Senate of the Assembly of the Federal Republic of Nigeria approved the bill in first and second reading, and the third final reading is expected before the end of the legislature,

E.   whereas during a joint public hearing that took place before the Women Affairs, Human Rights and Justice Committees of the House of Representatives on February 14, 2007 a large group of civil society organizations expressed their concern for the human rights implications of the bill and its unconstitutionality, the UNAIDS representative in Nigeria highlighted the negative impact of the bill on prevention of HIV/AIDS, and the Nigerian Human Rights Commission expressed similar concerns, raising doubts about the need of such legislation,

F.   deeply concerned that criminal prosecution of individuals based on their real or imputed sexual orientation and gender identity or expression may lead to serious discrimination and human rights abuses,

G.  deeply concerned that approval of this bill could have negative consequences in other African countries, which could follow the same path or be dissuaded from reviewing laws and practices discriminating against and persecuting GLBT people,

1   Asks the Nigerian authorities to reconsider the approval of the abovementioned bill;

2   Takes the view that the bill in its current form constitutes a violation of the international and regional human rights obligations of the Federal Republic of Nigeria;

3.  Calls on the Commission, the Council and the Member States to ask the Nigerian authorities to refrain from approving the bill in its current form, invoking in particular Article 9 of the Cotonou agreement;

4.  Calls on the Commission, the Council and the Member States to systematically include in the framework of discussions on human rights and fundamental freedoms with ACP countries, as well as in general with third countries, the issue of persecution or discrimination of persons on the basis of their sexual orientation, and to take appropriate progressive measures when similar human rights violations take place,

5.  Instructs its President to forward this Resolution to the Council, the Commission, the governments and the parliaments of the Member States, the President of the Federal Republic of Nigeria, the Minister of Justice of the Federal Republic of Nigeria, the Speaker and the Deputy Speaker of the House of Representatives of the Nigerian Assembly, the President and the Deputy President of the Senate of the Nigerian Assembly, the United Nations High Commissioner for Human Rights, the President of the Commission of the African Union, the Chair of the African Commission on Human and Peoples’ Rights.