A/HRC/43/43/Add.1
accommodation are often discriminated against by landlords who refuse to rent to single or
unaccompanied women for “decency” reasons.56
61.
Women living with HIV/AIDS also experience discrimination. Although 1.5 per
cent of the adult population in Nigeria lives with HIV/AIDS (55 per cent of whom are
women), and despite the 2017–2021 National HIV/AIDS Strategic Framework
acknowledging that stigma and discrimination are major issues, there is no national
legislation explicitly banning discrimination based on someone’s actual or perceived HIV
status. The Special Rapporteur received reports of extreme cases of discrimination in
relation to the right to housing: HIV-positive women had been evicted from their homes
and communities and left homeless as a result of the absence of emergency shelters or
housing options. Female HIV-positive students had been expelled from university
accommodation after reporting their status to the university’s health services.
B.
Lesbian, gay, bisexual and transgender persons
62.
Lesbian, gay, bisexual, and transgender persons experience extreme discrimination
in Nigeria. The 2013 Same-Sex Marriage (Prohibition) Act imposes a 14-year prison
sentence for entering into a same-sex “marriage contract or civil union” and a 10-year
prison sentence for those who witness, abet and aid the solemnization of a same-sex
marriage or union. It also imposes a 10-year prison sentence on persons who directly or
indirectly make public show of same-sex amorous relationships. Twelve states in northern
Nigeria apply sharia law and penalize homosexuality with death. Although the Special
Rapporteur did not receive evidence of the Act having been implemented, it creates a
climate of oppression.
63.
The Act also violates the right to privacy in the home, as the terms “same-sex
marriage” and “civil union” are defined vaguely and could include any form of same-sex
cohabitation. While so far there have been no prosecutions under the Act, the law
contributes to a social climate that provides justification for discrimination and violence
against lesbian, gay, bisexual and transgender persons, including in their own homes.
Human Rights Watch reported that in 2014, in Gishiri village, Abuja, a group of
approximately 50 persons armed with machetes, clubs and whips dragged people from their
homes and severely beat at least 14 men whom they suspected of being gay. The victims
told Human Rights Watch that their attackers chanted: “We are doing [President Goodluck]
Jonathan’s work: cleansing the community of gays.” The impact on the right to housing is
clear in their testimonies: “The mob was going from house to house looking for gay people,
and they had police officers with them. We could not sleep in our house that night; we had
to sleep under a bridge.”57
64.
The Special Rapporteur received reports of landlords evicting or refusing to rent to
tenants suspected of being lesbian, gay, bisexual or transgender. A deeply disturbing case
of a landlord recruiting a group of men to repeatedly rape his tenants, a lesbian couple, in
his presence, was also brought to the Special Rapporteur’s attention. The Initiative for
Equal Rights, an NGO based in Nigeria, receives four to five complaints each month
alleging the eviction of people from their apartments because of their gender identity or
sexual orientation.58
65.
Many lesbian, gay, bisexual and transgender persons in Nigeria are forced into
gender conformity and isolation, not only publicly, but also in their own homes, which is
incompatible with the enjoyment of the right to housing. The Committee on Economic,
Social and Cultural Rights has stated that the right not to be subjected to arbitrary or
unlawful interference with one’s home and privacy constitutes an essential dimension of the
56
57
58
14
www.bbc.com/news/world-africa-45169688.
www.hrw.org/report/2016/10/20/tell-me-where-i-can-be-safe/impact-nigerias-same-sex-marriageprohibition-act.
Canada, Immigration and Refugee Board of Canada, “Nigeria: information on how bisexuality is
understood and perceived in Nigeria; whether bisexuality is distinguished from both male and female
homosexuality (2014–June 2015)”, (9 September 2015).
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