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ABSTRACT
This study grounds itself in contact theory and imagined contact theory to argue that contact and simulated/imagined contact with queerness contributes to the eradication of homophobic prejudices. Using international human rights soft law – the African Commission on Human and People’s Rights’ Resolution 275 on the protection against violence and other human rights violations against persons on the basis of their real or imputed sexual orientation or gender identity – for its persuasive effect, this study seeks to centre the importance of attitude-focused work in the advancement of queer rights as well as in the engagement with queer-inclusive soft law standards in Nigeria, and more specifically in Nigerian universities. Based on an empirical storytelling intervention conducted at the University of Lagos, this study seeks to demonstrate the potential of the joint use of indigenous storytelling and Resolution 275 as attitude-focused and empathy-driven advocacy tools for advancing queer rights in Nigeria, In doing so, the study contributes to reimagining soft law and queer rights advocacy in terms of pedagogies as well as queer Nigerian classrooms as sites for queer rights advocacy.
Notes
1 [Trigger warning: what follows is a disturbing description of the incidents in the video, namely psychological, physical and sexual violence imposed on a queer person in the public space.] From the words and locations mentioned in the video, it can be deduced that the video was shot using a smartphone in Delta State Nigeria, in the southern part of Nigeria. In the video, the young intersex person is stripped naked and made to kneel in front of a metal beam, in public, amidst a crowd of mostly men. These men refer to the intersex child and their genitals by abusive names. The individual is then forced by the man shooting the video to lay on the ground with their legs spread ajar. The camera zooms in on the intersex child’s genitals and the word ‘hermaphrodite’ is shouted repeatedly by the spectators. The camera moves to an adult male who is also on his knees beside the intersex person and he is asked to take off his clothes. The intersex person reports that the man beside them threatens and sexually violates them (as well as other children in the neighbourhood) and that there are a few other men who had escaped that do the same. This intersex person reports that they hawk packaged water on the road for a living.
2 The Initiative for Equal Rights (TIERs) Nigeria ‘Veil of silence- documentary’ (2017) <https://www.youtube.com/watch?v=wR5dOIUOUjs&t=3s> accessed 10 July 2022; TransValid ‘LGBT women in Nigeria speak out through a book’ <https://www.youtube.com/watch?v=PCZSlKEPsz4> accessed 10 July 2022.
3 Douglas Clarke, ‘Twice removed: African invisibility in western queer theory’ in Sokari Ekine and Hakima Abbas (eds), Queer African Reader (Pambazuka Press 2013) 175; J Halley, ‘Queer theory by men’ in Martha Albertson Fineman, Jack Jackson and Adam Romero (eds), Feminist and queer legal theory: intimate encounters, uncomfortable conversations (Routledge 2009) 26, 27.
4 That said, this study recognises the heavy contestations around the term of ‘indigenous storytelling’; Charles Ngwena, What is Africanness: Contesting Nativism in Race, Culture and Sexualities (Pretoria University Law Press 2018) 3–8; Jan Carter-Black, ‘Teaching Cultural Competence: An Innovative Strategy Grounded in the Universality of Storytelling as Depicted in African and American Storytelling Traditions’ (2007) 43(1) Journal of Social Work Education 43; Ngugi wa Thiong’o, Decolonising the Mind: The Politics of Language in African Literature (1986) 13; Chinua Achebe, ‘The African Writer and English Language’ in Bill Ashcroft, Gareth Griffiths, and Helen Tiffin (eds), The Post-colonial Studies (Taylor & Francis 2006) 286.
5 Edwin Egede, ‘Bringing Human Rights Home: An Examination of the Domestication of Human Rights Treaties in Nigeria’ (2007) 51(2) Journal of African Law 268; Frans Viljoen, International Human Rights Law in Africa (2007) 527.
6 Romola Adeola, Frans Viljoen and Tresor Muhindo, ‘A Commentary on the African Commission’s General Comment on the Right to Freedom of Movement and Residence Under Article 12(1) of the African Charter on Human and Peoples’ Rights’ (2021) 65(S1) Journal of African Law 131,151; Japhet Biegon, ‘The Incorporation of the Thematic Resolutions of the African Commission into Domestic Law’ in Ololade Shyllon (ed), The Model Law on Access to Information for Africa and Other Regional Instruments: Soft Law and Human Rights in Africa (Pretoria University Law Press 2018) 192, 193.
7 Resolution 275, adopted at the 55th ordinary session of the African Commission on Human and Peoples’ Rights, 2014 (‘Resolution 275’).
8 Coalition of African Lesbians ‘THE COMMISSION-From Silence to Resistance’ <https://www.youtube.com/watch?v=q97-g6PbqJY&t=2s> accessed 12 April 2023.
9 David Ikpo, ‘Decolonising the Nigerian Law Classroom: Analytic Diary on Indigenous Storytelling at Niger Delta University, Nigeria’ in Azubike Onuora-Oguno (ed), Promoting Efficiency in Jurisprudence and Constitutional Development in Africa (Springer 2023) 257–281.
10 Kehinde Okanlawon, ‘Homophobic Bullying in Nigerian Schools: The Experiences of LGBT University Students’ (2017) Journal of LGBT Youth 55; Boladale Mapayi et al., ‘Homophobia and Perceptions about Homosexuality among Students of Tertiary Institution in Nigeria’ (2016) 14(3) Gender and Behaviour 7630; Boladale Mapayi et al., ‘Sexual Orientation and Quality of Life among Students of Obafemi Awolowo University’ (2015) 15(4) African Health Sciences 1070; Marc Epprecht and Sule Egya, ‘Teaching about Homosexualities to Nigerian University Students: A Report from the Field’ (2011) 23(4) Gender and Education 370; AT Bucknor-Arigbede and SA Omotoso, ‘A Perception Study on Same-sex Marriage and Gay Practice among Selected Nigerian Youths’ (2015) Journal of Sourcing for Nigerian Journalists Reporting on Gender and Sexuality; Kehinde Okanlawon, ‘Perceptions and Attitudes of Heterosexual Nigerian University Students Towards LGB Persons’ (2020) 17(2) Journal of LGB Youth 166.
11 Criminal Code Act Cap C38 Laws of the Federation of Nigeria 2004 secs 214 & 217; Penal Code (Northern States) Federal Provisions Act Cap P3 Laws of the Federation of Nigeria 2004 sec 130; Armed Forces Act Cap A20 Laws of the Federation of Nigeria 2004 sec 81; See also Anthony Nwazuoke and Chinedu Igwe, ‘A critical review of Nigeria’s Same Sex Marriage (Prohibition) Act’ (2016) 45 Journal of Law, Policy and Globalisation 179–184.
12 Same-Sex Marriage (Prohibition) Law of Lagos State (2007); Prostitution, Lesbianism, Homosexuality, Operation of Brothels and Other Sexual Immoralities (Prohibition) Law of Borno State (2020); Prostitution and Immoral Acts (Prohibition) Law of Kano State (2000); Sharia Penal Code Law (adopted in 12 Northern Nigerian states).
13 Constitution of the Federal Republic of Nigeria 1999 (As Amended).
14 Violence Against Persons Prohibition Act; African Charter on Human and Peoples’ Rights (adopted 27 June 1981, entered into force 21 October 1986) (1982) 21 ILM 58 (‘African Charter’).
15 African Charter on Human and Peoples’ Rights (Ratification and Enforcement) Act.
16 Social and Economic Rights Action Centre (SERAC) and Another v Nigeria (2001) AHRLR 60 (ACHPR 2001); Viljoen (n 5) 216.
17 African Charter (n 14), arts 3–12.
18 Resolution 275 (n 7), arts 1, 2, 3 and 4.
19 Adrian Jjuuko, ‘The Protection and Promotion of LGBTI Rights in the African Regional Human Rights System: Opportunities and Challenges’ in Adrian Jjuuko and Sylvia Namwase (eds), Protecting the Human Rights of Sexual Minorities in Contemporary Africa (Pretoria University Law Press 2017) 260; African Commission ‘Guidelines on Combating Sexual Violence and its Consequences in Africa’ ACHPR (2017); UN Human Rights Council Res 17/19 (14 July 2011) UN Doc A/HRC/RES/17/19; UN Human Rights Council Res 27/32 (2 October 2014) UN Doc A/HR/RES/27/32.
20 Viljoen (n 5) 262.
21 Amnesty International, ‘Amnesty International Report 2015/2016: The State of the World’s Human Rights’ (2016) 277; Human Rights Watch, ‘Tell Me where I Can Be Safe’ (2016) 21, 22,27,30; The Initiative for Equal Rights, ‘2021 Human Rights Violations Report: Based on Real or Perceived Sexual Orientation, Gender Identity/Expression and Sex Characteristics (SOGIESC) in Nigeria’ (2022) 8.
22 Steve Aborisade, The Tragedy of Misrepresentation and Under-reporting Gender and Sexual Minorities in Nigeria (Projekthope Nigeria 2017) 16; Danoye Oguntola-Laguda and Adrian van Klinken, ‘Uniting a Dividing Nation? Nigerian Muslim and Christian Responses to Same-sex Marriage (prohibition)act’ in Danoye Oguntola-Laguda and Adriaan van Klinken (eds), Public Religion and the Politics of Homosexuality in Africa (Routledge 2016) 39, 40.
23 Teriah Ebah v The Federal Republic of Nigeria (2014)-Suit FHC/ABJ/CS/197/2014 which challenged the constitutionality of the SSMPA but was struck at preliminary for lack of locus standi; Ifeanyi Orazulike v Inspector General of Police (2014) unreported, Suit FHC/ABJ/CS/799/2014- the applicant brought action against state parties for violation of human rights and unlawful arrest and the court awarded the applicant compensation and public apology from state parties; Pamela Adie v Corporate Affairs Commission (2018) unreported, Suit No FHC/ABJ/CS/827/2018- applicant brought action for violation of freedom of assembly and refusal of registration of organization and court upheld state refusal on the ground of organization being criminalized by the SSMPA.
24 Ayodele Sogunro, ‘Against ‘The Order of Nature’: Towards the Growth of queer lawfare in Nigeria’ in Adrian Jjuuko et al., (eds), Queer lawfare in Africa: Legal Strategies in Contexts of LGBTIQ+ Criminalisation and Politicisation (Pretoria University Law Press, 2022) 206, 214.
25 Saheed Aderinto, When Sex Threatened the State: Illicit Sexuality, Nationalism and Politics in Colonial Nigeria (University of Illinois Press 2015) 11,15.
26 Ibid 31–33.
27 Ifi Amadiume, ‘Theorising Matriarchy in Africa: Kinship Ideologies and System in Africa and Europe’ in Oyeronke Oyewumi (ed), African Gender Studies: a Reader (Palgrave Macmillan2005) 95.
28 Rudolf Gaudio, Allah Made Us: Sexual Outlaws in an Islamic African City (John Wiley & Sons 2011) 17, 34, 61.
29 Stephen Murray and Will Roscoe (eds), Boy Wives and Female Husbands: Studies of African Homosexualities (Palgrave 1998) 94.
30 Ibid.
31 Lorand Matory, ‘Gendered Agendas: The Secret Scholars Keep about Yoruba Atlantic Religion’ (2003) 15(3) Gender and History 409; Randy Corner and David Sparks, Queering Creole Spiritual Traditions: Lesbian, Gay, Bisexual and Transgender Participation in African-inspired Traditions in the Americas (Routledge 2004) 421; Paul John, The Transformation of Brazilian candomblé: Secrets, Gossips and Gods (Oxford University Press 2002) 41.
32 Nwando Achebe, The Female King of Colonial Nigeria: ahebi ugbabe (Indiana University Press 2011) 183; Tola Pearce, ‘Dispelling the Myth of Precolonial Gender and Equality in Yoruba Culture’ (2014) 48(2) Canadian Journal of African Studies 318.
33 Aderinto (n 25) 31; TIERs Nigeria (n 2).
34 TIERs Nigeria, ‘2021 Human Rights Violation Report Based on Real or Perceived Sexual Orientation, Gender Identity/Expression and Sex Characteristics (SOGIESC) in Nigeria’(2022) <https://theinitiativeforequalrights.org/wp-content/uploads/2022/01/2021-Human-Rights-Violations-Report.pdf> accessed 13 May 2023, 8.
35 TIERs Nigeria, ‘2022 Human Rights Violations Report Based on Real or Perceived Sexual Orientation, Gender Identity/Expression and Sex Characteristics (SOGIESC) in Nigeria’ (2023) <https://theinitiativeforequalrights.org/wp-content/uploads/2023/01/PRESS_2022-Violations-Report_20Dec21.pdf> 6.
36 Femi Ogunsanwo, Finding hubby (2020).
37 Sogunro (n 24) 206, 210.
38 Romola Adeola, Frans Viljoen and Tresor Muhindo (n 6) 151.
39 Resolution 275 ‘[c]alls on State Parties to ensure that human rights defenders work in an enabling environment that is free of stigma, reprisals or criminal prosecution as a result of their human rights protection activities, including the rights of sexual minorities’, Resolution 275 (n 7).
40 NANHRI and Centre for Human Rights, ‘A Guide for African National Human Rights Institutions for Implementing Resolution 275 in Africa’ (Report, 2020), <https://www.chr.up.ac.za/images/researchunits/sogie/documents/NANHRI_Guide_for_NHRIs_on_Implementing_Resolution_275V002.pdf> accessed 12 April 2023.
41 Sylvia Tamale, Decolonisation and Afro-feminism (Daraja Press 2020) 236, 270.
42 Ken Plummer, Telling Sexual Stories: Power, Change and Social March (Taylor and Francis 2019).
43 Lindsey Cameron et al., ‘Changing Attitudes with a Little Imagination’: Imagined Contact Effects on Young Children’s Intergroup Biases’ (2011) 27(3) Annals of Psychology 708; Rhianon Turner, et al., ‘Imagining Intergroup Contact can Improve Intergroup Attitudes’ (2007) 10(4) Group Processes and Intergroup Relations 427, 431.
44 P Matthijs Bal and Veltkamp Martijn, ‘How Does Fictional Reading Influence Empathy? An Experimental on the Role of Emotional Transportation’ (2013) 8(1) PloS One 1; Jan Carter-Black, ‘Teaching Cultural Competence: An Innovative Strategy Grounded in the Universality of Storytelling as Depicted in African and African American Storytelling Traditions’ (2008) 23(2) Affilia 31; Charlotte Alston, ‘Standing on Tradition’ (TEDxTalk, 29 November 2019), <https://www.youtube.com/watch?v=ZDa1giUw9EA> accessed 10 September 2022.
45 Jacana Media, ‘An Anthology and Prize on the Topics of Gender, Human Rights and Sexuality, for Writers and Photographers Across Africa’ <https://jacana.co.za/gerald-kraak-anthology-and-prize/> accessed 10 September 2022; Barbara Boswell, ‘Queer Africa 2 – New Stories’ <https://gala.co.za/books-and-resources/publications-and-publishing/mathokos-books/queer-africa-2-new-stories/> accessed 10 September 2022.
46 Maria Aristodemou, Law and Literature, Journeys from here to Eternity (Oxford University Press 2001) 10; John Morison and Christine Bell (eds), Tall Stories? Reading Law and Literature (Dartmouth Publishing 1996) 12.
47 Cameron (n 44) 708; Turner (n 43) 427, 431.
48 Eve Tuck, ‘Suspending Damage: a Letter to Communities’ (2009) 79 (3) Harvard Educational Review 418.
49 Mathias Detamore, ‘Queer(y)ing the Ethics of Research Methods: Toward a Politics of Intimacy in Researcher/Researched Relations’ in Kath Brown and Catherine Nash (eds), Queer Methods and Methodologies: Intersecting Queer Theories and Social Science Research (Routledge 2010) 173.
50 Tamale (n 41) 236.
51 Mark Geveisser, The Pink Line: The World’s Queer Frontiers (Farrar, Straus and Giroux 2020) 18; Kwame Appiah, Cosmopolitanism: Ethics in a World of Strangers (Penguin 2006) 93.
52 Leon Festinger, A Theory of Cognitive Dissonance (Stanford University Press 1957) 3.
53 Kwame Appiah, Cosmopolitanism: Ethics in a World of Strangers (W. W. Norton & Company 2006) 1, 4.
54 Tamale (n 41) 235.
55 The three parts of ‘Khaki’ were verbally performed and produced into the three sound files (‘Khaki1’, ‘Khaki2’ and ‘Khaki 3’) with backing music. The voice acting was done by a female colleague and the author, who also post produced the sound files.
56 An instance of attitudinal congruence from the beginning on anti-violence regardless of identity.
57 Afrobarometer, ‘‘All in this together’: Africans Tolerant on Ethnic, Religious, National, but not Sexual Differences’ (2020) 14.
58 Kehinde Okanlawon, ‘Homophobic Bullying in Nigerian Schools: The Experiences of LGBT University Students’ (2017) Journal of LGBT Youth 55; Boladale Mapayi et al., ‘Homophobia and Perceptions about Homosexuality among Students of Tertiary Institution in Nigeria’ (2016) 14(3) Gender and Behaviour 7630; Boladale Mapayi et al., ‘Sexual Orientation and Quality of Life among Students of Obafemi Awolowo University’ (2015) 15(4) African Health Sciences 1070; Marc Epprecht and Sule Egya, ‘Teaching about Homosexualities to Nigerian University Students: A Report from the Field’ (2011) 23(4) Gender and Education 370; AT Bucknor-Arigbede and SA Omotoso, ‘A Perception Study on Same-sex Marriage and Gay Practice among Selected Nigerian Youths’ (2015) Journal of Sourcing for Nigerian Journalists Reporting on Gender and Sexuality; Kehinde Okanlawon, ‘Perceptions and Attitudes of Heterosexual Nigerian University Students Towards LGB Persons’ (2020) 17(2) Journal of LGB Youth 166.
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David Ikpo
Dr. David Ikpo is a Nigerian lawyer and novelist. His debut novel Fimisile Forever was shortlisted for LAMBDA Literary Prize for Best Gay Fiction 2018. He is also postdoctoral research fellow and communications officer at the Centre for Human Rights, University of Pretoria. He has an LLM in Human Rights and Democratisation in Africa, and undergraduate backgrounds in Law and Motion Picture Medium.