Gender

SAMOA Agreement: Group Values vs Minority Rights

By Kafilat Taiwo

August 08, 2024

+LGBTQ Criminalised in most of Africa and the World

The Nigerian Government has signed the SAMOA agreement in partnership with the Organisation of African, Caribbean and Pacific States (OACPS) and the EU member states.

Some persons and groups in Nigeria have expressed concerns that the signing of the SAMOA agreement may affect the cultural and moral values of the majority in the country because the agreement allegedly contains pro LGBTQ clauses.

‘‘LGBTQ’’ is the acronym for Lesbian, Gay, Bisexual, Transgender, Queer or questioning persons or the community.

In the past, the idea of same sex-marriage, transgender and other LGBTQ identities have attracted severe punishments in different states across the country.

The 2014 Same Sex Marriage Prohibition Act, signed into law by former President Goodluck Jonathan, prohibits same sex unions, relationships or/and representations.

In Northern Nigeria, the maximum punishment for non-heterosexual sex in the 12 northern states that have adopted Sharia law is death by stoning. That law applies to all Muslims and to Non-Muslims who consent to be tried by the Shari’a courts.

In the Southern parts of Nigeria and under the secular criminal laws of northern Nigeria, the maximum punishment for same-sex sexual activity is 14 years imprisonment. 

LGBTQ Criminalised in most of Africa and the World

In Africa, out of the 54 African countries, homosexual practice is acceptable among 22 countries which accounts for 41% of the total acceptance in Africa.

There are 32 countries that criminalise homosexuality in Africa, making up 59% of the 54 countries on the continent. The LGBTQ identity and  behaviour attract differing forms of punishment in these countries.

The 22 countries where homosexual acts are not criminalised are:  DR Congo, South Africa, Angola, Benin, Botswana, Burkina Faso, Cabo Verde, Central African Republic, Congo, Côte d’Ivoire, Djibouti, Equatorial Guinea, Gabon, Guinea Bissau, Lesotho, Madagascar, Mali, Mozambique, Niger, Rwanda, Sao Tome and Principe, Seychelles, and Angola.

Nigeria, Somalia and Sudan are among the 32 countries that criminalise homosexual practices.