BMJ 2014;348:g258 doi: 10.1136/bmj.g258 (Published 16 January 2014)

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NEWS Agencies condemn new Nigerian law that may deny gay people access to HIV services Zosia Kmietowicz BMJ

Two leading international aid agencies have called for an urgent review of a new law in Nigeria that they say could lead to the arrest and imprisonment of lesbian, gay, bisexual, and transgender (LGBT) people who access health services and those who help them. UNAIDS and the Global Fund to Fight AIDS, Tuberculosis and Malaria said that the new law has potentially far reaching implications for health, development, and human rights. They urged the Nigerian government to put comprehensive measures in place to protect the delivery of HIV services to LGBT people without fear of arrest or other reprisals. Without such protection the objectives of the Presidential Comprehensive Response Plan for HIV/AIDS, which was launched by President Goodluck Jonathan less than a year ago, could be damaged.

Homosexuality is already criminalised in Nigeria. The new law further criminalises LGBT people, organisations, and activities. It states, “A person who registers, operates or participates in gay clubs, societies and organisation, or directly or indirectly makes public show of same sex amorous relationship in Nigeria commits an offence and is liable to conviction to a term of 10 years’ imprisonment.” The law also criminalises any individuals or groups who support “the registration, operation, and sustenance of gay clubs,

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societies and organisations, processions or meetings in Nigeria.” The penalty is also 10 years’ imprisonment. Michel Sidibé, executive director of UNAIDS, said, “The provisions of the new law in Nigeria could lead to increased homophobia, discrimination, denial of HIV services, and violence based on real or perceived sexual orientation and gender identity. It could also be used against organizations working to provide HIV prevention and treatment services to LGBT people.”

Nigeria has the second largest HIV epidemic globally. In 2012, an estimated 3.4 million people were living with HIV in Nigeria. In 2010, HIV prevalence in Nigeria was estimated at 4% among the general population and 17% among men who have sex with men. In the 2011 Political Declaration on HIV/AIDS, all UN member states, which include Nigeria, committed themselves to removing legal barriers and passing laws to protect populations vulnerable to HIV.

UNAIDS and the Global Fund have said they will continue to work with the Nigerian authorities and civil society organisations to ensure safe access to HIV services for all people in Nigeria. Cite this as: BMJ 2014;348:g258 © BMJ Publishing Group Ltd 2014

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Agencies condemn new Nigerian law that may deny gay people access to HIV services.

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