MOTION FOR A RESOLUTION
13.3.2007
pursuant to Rule 115 of the Rules of Procedure
by Marco Cappato, Sophia in 't Veld, Annemie Neyts-Uyttebroeck, Johan Van Hecke, Fiona Hall and Marios Matsakis,
on behalf of the ALDE Group
on Nigeria
B6‑0113/2007
European Parliament resolution on Nigeria
The European Parliament,
– having regard to the Universal Declaration of Human Rights, particularly Articles 2, 3, 5, 7, 18, 19 thereof,
– having regard to the International Covenant of Civil and Political Rights, particularly Articles 2, 6, 7, 17, 18, 19, 22 thereof,
– having regard to the International Covenant of Economic, Social and Political Rights, particularly Article 12 thereof,
– having regard to the United Nations Declaration on Human Rights Defenders, particularly Articles 5 and 7 thereof,
– considering the Convention for Protection of Human Rights and Fundamental Freedoms of the Council of Europe and the African Charter on Human and Peoples’ Rights,
– having regard to Article 9 of the Partnership Agreement between the Members of the African, Caribbean and Pacific Group of States of the one Part, and the European Community and its Member States, of the other Part (so-called Cotonou Agreement),
- having regard to its previous resolutions of 18 January 2006 on homophobia in Europe and of 15 June 2006 on the increase in racist and homophobic violence in Europe,
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”, cited as Same sex marriage prohibition act 2006,
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, including torture and ill-treatment, as well as constitute an incitement to violence and discrimination against lesbian, gay, bisexual, transgender individuals, and more generally of individuals whose behaviours or lifestyles do not fit within typical sexual or gender norms,
G. deeply concerned at the restrictions to the rights to freedom of assembly, freedom of expression and freedom of association to which LGBT individuals and civil society at large would face,
H. deeply concerned at the consequences for human rights defenders who, according to the provisions mentioned above, cannot advocate against the human rights implications of the law without being found in violation of the law,
I. concerned that the law would hinder efforts aimed at preventing HIV transmission, with serious consequences for the enjoyment of the right to health of many individuals and communities,
J. deeply concerned that the bill, by failing to guarantee basic civil liberties and human rights, is inherently contradictory for a democracy and can be used as a tool of censorship and repression, undermining the current electoral process and the democratic development of the country,
K. concerned about the lack of transparency in the parliamentary procedure on the bill, the attempts to avoid dialogue with civil society by the Nigerian authorities, and the impact in terms of guaranteeing the basic principles of fairness and rule of law,
L. deeply concerned that the approval of this bill could have negative consequences in other African countries, which would be encouraged to follow the same path and thus be dissuaded from reviewing laws and practices discriminating against and persecuting GLBT people,
M. supportive of the work of a growing number of countries at the international level requesting the UN bodies to adopt a resolution on persecution on the basis of sexual orientation and de-criminalization of homosexuality in the world, and recalling its endorsement of the International Day Against Homophobia in 2006,
1 Calls on the Nigerian authorities and in particular the House of Representatives and the Senate of the Nigerian Assembly to refrain from approving the bill in its current form,
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, and is therefore incompatible with a democratic form of government,
3. Calls on the Commission, the Council and the Member States to monitor the parliamentary procedure on the bill and to intervene by requesting the Nigerian authorities to refrain from approving the bill in its current form,
4. Calls on the Commission, the Council and the Member States, should the bill be approved, to re-consider the development and cooperation relationships between the European Union and its Member States, and Nigeria under Article 9 of the Cotonou Agreement,
5. Asks 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,
6. Asks the Commission, the Council and the Member States to take all initiatives at the international level to stop persecution on the basis of sexual orientation as well as for decriminalization, such as the adoption of a resolution on these issues by UN bodies, and decides to celebrate every year on 17 May the International Day Against Homophobia;
7. 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, and the Chair of the African Commission on Human and Peoples’ Rights.