How Nigerian laws on homophobia and HIV are conflicting

To celebrate International Day Against Homophobia and Transphobia  on May 17 activists put spotlight on a discriminatory law which violates human rights, and creates barriers to LGBT people accessing HIV prevention and treatment services in Nigeria.


In Nigeria, according to the UNAIDS Gap Report, 10 per cent of all new HIV infections are in men who have sex with men, and 17 per cent of men who have sex with men are living with HIV. The report also states that men who have sex with men are 19 times more likely to be infected with HIV than other adult men.

The Nigerian government is expected to ensure access to essential HIV services for every citizen regardless of sexual orientation; in line with the overall theme of the global goals to 'leave no one behind'.

The conflicting laws

In March 2016, the Nigerian government signed into law a new version of the HIV/AIDS Anti-Discrimination Act, which was first introduced in 2014. The law is meant to prevent HIV-related discrimination and ensure access to healthcare and other services. It also provides protection of the human rights and dignity of people affected by HIV in Nigeria.

The second version was developed in collaboration with the AIDS Healthcare Foundation and is supposed to be easier to understand, helping tackle stigma and discrimination against people living with HIV, which has remained high.

Dr Bilali Camara, UNAIDS country director, said in Abuja: "Zero discrimination is pivotal in ending AIDS by 2030. This popular [new] version of the Anti-Discrimination Act 2014 will support the zero discrimination targets directly."

The national secretary of the Network of People Living with HIV/AIDS, Abdulkadir Ibrahim, said: "The law will ensure the rights and dignity of members is fully respected."


However, the 2014 anti-homosexuality act prohibiting all forms of same-sex sexual activity remains, with a penalty of 14 years imprisonment for defaulters. This law - which encourages homophobia - provides direct conflict with the very aim of the anti-discrimination law.

 How can the Nigerian government  ensure health for all this under their current homophobic law?

Dr Tunde Ajilagba, a health activist, says: "The Nigerian government has been insincere in its approach to end discrimination of people living with HIV, especially men who have sex with men, and so might not achieve goal three of the SDGs by 2030.

"The government should first accept that these people are in our midst and are part of us; then tailor programmes that will address their population instead of criminalising them. The continual denial of the existence of this group is wrong because many of them cannot access HIV health services and this drives new HIV infections."

The government must be held accountable


Everyone - including LGBT people - has a human right to access the essential HIV services and healthcare they might need.

In theory, the Nigerian government has maintained its commitment to improving the health of Nigerians and getting to zero new HIV infections, zero AIDS-related deaths and zero discrimination by 2030. It has promised to commit funds to the health sector, build new hospitals and stop discrimination of people living with HIV which is the reason for the simplified version of the anti-HIV discrimination law.

Hopefully, this would be achieved.

The International Day Against Homophobia and Transphobia is an opportunity to hold the Nigerian government to account as it begins working towards the sustainable development goals. It is a chance to find out how they plan to achieve universal health coverage in Nigeria, so that it really does include everyone, regardless of their sexual orientation and gender identity.