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 nPasqualina Napoletano and Elena Valenciano Martínez-Orozco,
on behalf of the PSE Group
on Nigeria

NB: This motion for a resolution is available in the original language only.

B6‑0114/2007

European Parliament resolution on Nigeria

The European Parliament,

-  having regard to the International Covenant on Civil and Political Rights (ICCPR),

-  having regard to the African Charter on Human and Peoples' Rights,

-  having regard to the United Nations Declaration on Human Rights Defenders,

-  having regard to the Cotonou Agreement,

-   having regard to the Nigerian Constitution,

-  having regard to Rule 115(5) of its Rules of Procedure,

A.  whereas the Bill entitled 'Same Sex Marriage (Prohibition) Act' has already passed first and second readings in both chambers of the Nigerian National Assembly and could soon become law,

B.  whereas this bill prohibits all forms of 'same sex relationship for the purposes of cohabitation as husband and wife', of association among lesbian and gay people, of publicity and of direct or indirect involvement in activities or ceremonies related to these issues,

C.   whereas non-compliance with these prohibitions constitutes a criminal offence and is punishable on conviction to a term of 5 years' imprisonment,

D.   whereas the content of the legislation violates the principle of equality and the fundamental rights of freedom of expression and association, as well as contravening international recognised benchmarks for protections against discrimination on the basis of sexual orientation and gender identity,

E.   whereas this bill would make it more difficult to effectively act in the fields of sexual rights and health and the struggle against HIV/AIDS through prevention efforts focused on LGBT people,

F.  whereas reinforcing existing laws against LGBT people with new legislation displays an intent to codify and intensify prejudice based on sexual orientation,

G.  whereas this bill, by institutionalizing discrimination, will encourage more violence against lesbians and gay people,

H.   whereas by criminalizing acts of peaceful expression and association in defence of lesbian and gay rights, the bill diminishes the individual and basic freedom of each individual in Nigeria,

I.  whereas the legislative process occurred without public scrutiny or debate,

J.  whereas four United Nations independent experts on human rights and a coalition of Nigerian, African and international organizations have condemned the bill,

1.  Condemns the Nigerian 'Same Sex Marriage (Prohibition) Bill 2006',

2.  Calls on legislators to reject this bill and to review existing laws that penalize consensual same-sex sexual conduct between adults,

3.  Urges the Federal Republic of Nigeria to promote and protect the human rights of its population, without any kind of discrimination, in particular discrimination based on sexual orientation and gender identity,

4.  Recalls the health risks faced by lesbian and gay people and calls on the Nigerian government to improve its HIV/AIDS prevention efforts in this area,

5.  Urges the Nigerian government not to neglect the specific problems of LGBT people and to promote acceptance and integration in all fields of society,

6.  Calls on the Nigerian authorities to prosecute people who assault or otherwise intimidate LGBT individuals and to give lesbian and gay victims of human rights violations access to justice and to redress,

7.  Stresses the important role of human rights defenders who peacefully advocate respect for the fundamental rights of LGBT people and who provide assistance in cases of discrimination,

8.  Instructs its President to forward this resolution to the Commission, the Council, the UN High Commissioner for Human Rights and the government of Nigeria.