Bill Could Criminalize Cross-Dressing In Nigeria
September 26, 2022Jay Boogie has tens of thousands of fans on Instagram, posting images of herself in lingerie and swimwear. But the trans Nigerian could be jailed for cross-dressing if a proposed bill becomes law.
The amendment, which is currently passing through parliament, would make it illegal for a person to wear clothes in public that do not match their gender assigned at birth, or in photos or videos from a private event, Thomson Reuters Foundation reports.
Boogie and other LGBTQ+ activists fear it could be used to target trans people. “We're born different and should have the right to live how we want to,” said Boogie. “[If the bill passes] there are people that wouldn't take it lightly. They don't even want to see us.”
According to legal rights index Equaldex, Nigeria is among the worst countries in the world for LGBTQ+ equality.
In 2014, the Same-Sex Marriage (Prohibition) Act was signed into law, which bars gay relationships and any public sign of same-sex affection or membership of LGBTQ+ groups, with punishments of up to 14 years in prison. A draft bill would amend the act to add a ban on cross-dressing, with punishments of up to six months in jail, or a fine of 500,000 naira (approximately $1100 or £1,000). It offers exemptions for theatre productions “or in any bona fide public entertainment.”
Campaigners said the draft law was primarily aimed at trans people, who have no legal way to change their gender. Nonbinary identities are also not legally recognized by Nigeria. “One of the loopholes for the [same-sex marriage law] is the lack of provision for the criminalization of trans people,” said Olaide Kayode Timileyin, a nonbinary Nigerian and founder of Queercity Media, an LGBTQ+ media outlet.
Some trans rights campaigners said the proposed amendment may be an effort by the APC party to distract its critics and win support from socially conservative voters ahead of elections next February. Others say the bill could be used a pretext for attacks.
“If passed, it's definitely going to be a catastrophe. There's going to be more harm, and trans and nonbinary people would receive the heat and hate from it,” said Adunni Tiwatope, a 25-year-old trans woman living in the Nigerian capital Abuja. “People would get killed – and it even already happens.”
Lawyer Funmilola Maverick Salami said it was unclear whether the bill had enough support in parliament to become law. “Is there a potential for this law to be passed? This is Nigeria – anything can happen,” said Salami. He said the draft law conflicted with Nigerians' constitutional right to free expression, and it also raised questions about what might be deemed men's or women's clothing. “Freedom of expression cannot be circumscribed […] by the proposed cross-dressing bill – this is my opinion,” he said.
“If you check the history of when lawmakers bring draconian laws like the [same-sex marriage law] into the parliament, it's close to an election year,” said Nell Thompson of the Bisi Alimi Foundation, a Nigerian LGBTQ+ rights group. The Bisi Alimi Foundation said it was hoping to gain support from international and diplomatic organizations.
Timileyin, of Queercity Media, agreed, saying: “In Nigeria, there's only one subject that unites everyone together, regardless of tribe or religion, and that's the subject of homosexuality and LGBTQI+ persons. It's a sure way to distract people.”
The APC party did not immediately respond to a request for comment.
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