17 January 2014 ~ 0 Comments

Nigeria’s New Law Criminalizing Gays

India Nigeria Locator

India Nigeria Locator (Photo credit: Wikipedia)

First India, and now Nigeria.

Albeit, the situation in Nigeria is far worse.

Nigerian President, Goodluck Jonathan, signed into law a draconian anti-gay bill. Same sex relationships were already illegal in Nigeria but under the new law, anyone who enters into a same-sex marriage or partnership may be jailed for up to 14 years. The new law also bans people who register, operate or participate in gay clubs, societies or organizations, or who publicly show that they are in a same-sex relationship.

In less than a week, dozens of people have been rounded up, arrested, and questioned under the new anti-gay law. 11 Muslim men in Nigeria also face a possible death sentence. More disturbing reports are trickling out. Amnesty International, and many other countries have called for the government to halt the homophobic witch-hunt. Some are also exploring withholding foreign aid to Nigeria.

Withholding aid is not particularly helpful in such a situation. Nigeria’s LGBT community needs all the help it can get in order to work to change attitudes or escape the situation in their home country, if that is what they want to do.

There are reports of some people escaping persecution by obtaining false documents or visas to travel to the U.S. or another country (though they must reveal their true identity and apply for asylum at the port of entry), but it is unclear who and how this underground railroad is organized. Also, I am not sure if asylum seekers who make it to the U.S. only to be locked up in detention for months, sometimes years, as arriving aliens, are better off here or there. It’s like being stuck between a rock and a hard place. Perhaps they are better off finding another country. 

While the law spells terror for Nigerians, it is a blessing in disguise for many LGBT Nigerians already in the U.S., who can now seek asylum, withholding, or reopen their failed asylum claims. If you have gay friends and family members from Nigeria, do let them know to consult an immigration attorney for help in seeking asylum from Nigeria.

 

Please note: Nothing in this post denotes legal advice or is offered in substitution of advice from a lawyer. Success is not guaranteed in every case, and results often vary. 

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