Democracy Day in Nigeria celebrates the restoration of democracy in 1999 after decades of military rule since the 1966 coup (Siollun, 2016). Previously celebrated on 29 May to mark the election of Olusegun Obasanjo in 1999, it was moved to 12 June by President Buhari in 2019 (The Conversation, 2019). 12 June commemorates the presidential election of 1993, regarded as one of the “freest, fairest and most peaceful” elections ever held, though it was subsequently annulled by the military (ibid).
Now 25 years after the restoration of democracy and almost 64 years since gaining independence from British colonial rule, many in Nigeria still struggle for equal rights and access to services.
Nigeria continues to enforce laws derived from colonial laws targeting the rights of Nigerians on the basis of sexual orientation and gender identity (Gupta 2008, p.22 and 28). In states in the Northern regions of Nigeria, laws on ‘vagrancy’ in the Penal Code (Northern States) Federal Provisions Act criminalise non-conforming gender expression (Sogruno 2017, p.9). One of the definitions of ‘vagabond’ is a male person who dresses in the fashion of a woman in a public place; in the States of Kano and Katsina, the definition extends to women who dress in the fashion of a man in a public place (ibid).
The punishment for ‘vagrancy’ is imprisonment for up to 2 years (ibid).
While gender non-conformity is not criminalised nationwide, the state still fails to recognise trans, nonbinary and intersex people. Nigeria, like most countries in the world, only recognises binary sex and gender identities. Official documents only provide ‘male’ and ‘female’ options as gender markers and there is no law allowing trans people to change their name or gender marker on legal documents to accurately reflect their identity (Sogruno 2017, p.17).
Within this context, homophobic and transphobic sentiments remain prevalent and has been exacerbated by recent legislation like the Same Sex Marriage (Prohibition) Act 2013, with devastating health implications for trans, non-binary, and intersex people.
Like the law, the healthcare system upholds and enforces the binary concept of sex and gender. Intersex infants are often subjected to invasive and irreversible surgery to make their bodies conform to the binary norm despite the lack of scientific evidence of their need (Intersex Nigeria 2024, pp.17-8). A 2022 report on healthcare staff’s awareness of and attitudes towards intersex people found that the most common management approach was to perform corrective surgery (56.6%), followed by a multidisciplinary approach (17.9%) and a combination of surgery and hormonal treatment (7.5%); only 1.9% of respondents chose the approach of raising the child as a normal child and seeing the child’s preference (TIERs, 2022, p.38).
Trans and non-binary people also face issues within the healthcare system. Medical research and training do not acknowledge trans people and their health concerns (Cole, 2021), and they have no access to gender affirming healthcare services. Individuals often face discrimination from healthcare staff and are sometimes forced to travel long distances and hide their identities in order to receive care (TIERs Nigeria, 2021; Human Rights Watch, 2016).
To address these issues regarding healthcare for trans, non-binary, and intersex people in Nigeria, ReportOUT is currently working on a research project in partnership with the Initiative for Youth Health Rights and Education Empowerment (IYHREE), an organisation based in Nigeria. The upcoming report will focus specifically on the experiences of gender minorities in healthcare facilities and impediments to accessing healthcare services.
A representative of IYHREE commented that
“it is essential that all individuals have equal access to healthcare services, regardless of their socio-economic status”.
They express hope that through this research we are able to “[promote] a more inclusive and equitable healthcare system [that ensures] that all Nigerians have the opportunity to lead healthy lives and fully participate in the democratic process”
This is one of two projects focused on Nigeria which ReportOUT is working on this year.
Article By Ryoko Umemoto
References
Cole, T. (2021). ‘I feel invisible’: The challenges of being trans in Nigeria,’ 1 November. Aljazeera. Available at: https://www.aljazeera.com/features/2021/11/1/i-feel-invisible-the-challenges-of-being-trans-in-nigeria (Accessed 1 June 2024).
Human Rights Watch. (2016). “Tell Me Where I Can Be Safe”: The Impact of Nigeria’s Same Sex Marriage (Prohibition) Act. New York, USA.
Siollun, M. (2016) ‘How first coup still haunts Nigeria 50 years on’. BBC News, 15 January. [Online]. Available at: https://www.bbc.co.uk/news/world-africa-35312370 (Accessed 1 June 2024)
The Conversation. (2019). ‘June 12 is now Democracy Day in Nigeria. Why is matters,’ 11 June. [Online]. Available at: https://theconversation.com/june-12-is-now-democracy-day-in-nigeria-why-it-matters-118572 (Accessed 1 June 2024)
The Initiative for Equal Rights (TIERs). (2022). An Exploratory Study On Knowledge Practices Of Healthcare Professionals An Families Of Intersex Persons In Nigeria. Available at: https://theinitiativeforequalrights.org/wp-content/uploads/2022/01/AN_EXPLORATORY_STUDY_ON_KNOWLEDGE_PRACTICES_OF_HEALTHCARE_PROFESSIONALS_AND_FAMILIES_OF_INTERSEX_PERSONS_IN_NIGERIA_Spread_-2-1.pdf (Accessed: 1 June 2024).
TIERs Nigeria. (2021). Equal in Dignity. 27 May. [Online]. Available at: https://youtu.be/eqPE6-a0hj4?si=HhFFrPWhmDqswRsP (Accessed: 1 June 2024).