NIGERIA-SOGI-TBs-CCPR

Concluding Observations in the absence of a report (2019) (Link)

Non-discrimination and gender equality

16. The Committee is concerned about the lack of comprehensive anti-discrimination legislation and the absence of a definition of discrimination in the State party’s legislation. The Committee notes with concern that the gender and equal opportunities bill has not yet been adopted and that discrimination against women in access to justice, education, employment and enjoyment of land and property rights persists both in law and in practice. The Committee is particularly concerned about legal provisions and practices that discriminate against women, including with regard to the transmission of nationality, and polygamy, repudiation, adultery and inheritance rights in the states that apply sharia law, and discriminatory traditional practices. The Committee regrets that women remain underrepresented in the public and private sectors, particularly in decision-making positions (arts. 2, 3, 14, 25 and 26).

17. The State party should adopt comprehensive anti-discrimination legislation that: (a) includes a comprehensive list of prohibited grounds of discrimination, including race, colour, sex, language, religion, political or other opinion, national or social origin, property, birth, sexual orientation, gender identity and other status; (b) covers direct, indirect and intersecting forms of discrimination; and (c) provides for effective remedies, including judicial remedies. The State party should take steps, including a comprehensive review of the legislation, to ensure that women are not subjected to any form of discrimination, in law and in practice, inter alia in matters of access to justice, education, employment, land and property rights, marriage and transmittal of nationality. It should: (a) harmonize its national laws with the provisions of the Covenant, including by repealing discriminatory provisions relating, inter alia, to marriage, polygamy, repudiation, divorce, succession and landownership; (b) conduct public awareness campaigns aimed at eliminating gender biases and stereotypes regarding the roles and responsibilities of men and women in the family and society, and promote gender equality and non-discrimination; and (c) make efforts to increase the participation of women in the political and public domains, particularly in decision-making positions, if necessary through temporary special measures.

Discrimination on the basis of sexual orientation and gender identity

18. The Committee is concerned that the Criminal Code criminalizes consensual same-sex sexual activity and that the Same-Sex Marriage (Prohibition) Act provides for 14 years’ imprisonment for a person who enters into a same-sex union and 10 years’ imprisonment for anyone who supports, meets with or forms a group advocating for the human rights of lesbian, gay, bisexual and transgender persons. The Committee is further concerned about reports that, since the adoption of the Act, harassment and violence against such persons has increased, as well as the number of arrests and the detention of young people based on their actual or perceived sexual orientation and gender identity (arts. 2, 6, 7 and 26).

19. The State party should decriminalize consensual same-sex relationships between consenting adults and ensure that arrest, prosecution and punishment based on actual or perceived sexual orientation or gender identity or advocacy of the rights of lesbian, gay, bisexual and transgender persons are prohibited. It should consider repealing the Same Sex Marriage (Prohibition) Act and reviewing all other relevant legislation. Pending such revisions, those measures should not be employed. The State party should provide effective protection to lesbian, gay, bisexual and transgender persons and ensure the investigation, prosecution and punishment of any act of violence motivated by the victim’s sexual orientation or gender identity. The State party should take efforts to combat stereotypes and prejudice against lesbian, gay, bisexual and transgender persons, including by launching a sensitization campaign aimed at the general public and providing appropriate training to public officials so as to put an end to the social stigmatization of such persons.

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Concluding Observations on Report 1 (1996) (Link)

[no mention]

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