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The heated public debate and heightened media interest in the law have made homosexuality more visible and LGBT people even more vulnerable than they already were. While Human Rights Watch found no evidence that any individual has been prosecuted or sentenced under the SSMPA, the report concludes that its impact appears to be far-reaching and severe. Share this via Facebook Share this via Twitter Share this via WhatsApp Share this via Email Other ways to share Share this via LinkedIn Share this via Reddit Share this via Telegram On February 5, 2014, following the passage of the SSMPA, the Special Rapporteur on Human Rights Defenders in Africa noted with concern in a press release, “the increase in cases of physical violence, aggression, arbitrary detention and harassment of human rights defenders working on sexual minority issues.” Human rights groups and United Nations officials expressed grave concern about the scope the law, its vague provisions, and the severity of punishments.
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The passage of the SSMPA was immediately followed by extensive media reports of high levels of violence, including mob attacks and extortion against LGBT people. While existing legislation already criminalizes consensual same-sex conduct in Nigeria, the report found that the SSMPA, in many ways, officially authorizes abuses against LGBT people, effectively making a bad situation worse. This followed consultations with Nigeria-based LGBT activists and groups, and mainstream human rights organizations. This report documents the human rights impact of the SSMPA on LGBT individuals and its effects on the activities of non-governmental organizations that provide services to LGBT people. Such provisions build on existing legislation in Nigeria, but go much further: while the colonial-era criminal and penal codes outlawed sexual acts between members of the same sex, the SSMPA effectively criminalizes lesbian, gay, bisexual, and transgender (LGBT) persons based on sexual orientation and gender identity. Punishments are severe, ranging from 10 to 14 years in prison. The law forbids any cohabitation between same-sex sexual partners and bans any “public show of same sex amorous relationship.” The SSMPA imposes a 10-year prison sentence on anyone who “registers, operates or participates in gay clubs, societies and organization” or “supports” the activities of such organizations. The notional purpose of the SSMPA is to prohibit marriage between persons of the same sex. On January 7, 2014, Nigeria’s former president, Goodluck Jonathan, signed the Same-Sex Marriage (Prohibition) Bill (SSMPA) into law. Executive Director of a Minna, Niger State NGO, October 2015 Vigilante groups have added homosexuality to their “terms of reference.” These groups are organized by community members, given authorization by the community to maintain some sort of order and “security.”
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Executive Director of an Abuja NGO, October 2015 They torture, force people to confess, and when they hear about a gathering of men, they just head over to make arrests. Basically, because of this law the police treat people in any way that they please.