Senators in the United States Senate are clamoring for economic sections
against Nigeria over the country’s hardline posture against homosexuality.
Ten Senators of the Democratic Party in a letter to President Barrack
Obama are demanding that all African Countries who are signatories to the
African Growth and Opportunity Act, AGOA, be sanctioned for discriminating
against Gays and Lesbians.
A new law signed by the president Goodluck Jonathan earlier in the year
made it illegal for gay practice. The Same Sex Marriage Prohibition Act
also criminalizes homosexual clubs, associations and organizations, with
penalties of up to 14 years in jail.
In Ugandan, the Parliament passed anti-gay legislation which would punish
“aggravated” homosexual acts with life in prison.
The U.S Senators argue that African countries with hardline postures
against homosexuality have violated Human Right Laws upon which AGOA is
founded.
See the Letter below:
The President
The White House
1600 Pennsylvania Ave,
NW Washington, DC 20500
Dear Mr. President,
We write with deep concern over a growing trend of laws and proposed
legislation targeting lesbian, gay, bisexual, and transgender (LGBT)
individuals in Africa. These laws, combined with the growing public
vitriol by government officials and the media, threaten to usher in an era
of widespread oppression of the LGBT community in many African countries.
We believe the enforcement of these laws would be a human rights abuse in
violation of the standards set forth in the African Growth and Opportunity
Act (AGOA).
Already this year, both Nigeria and Uganda have enacted laws that impose
harsh penalties for homosexual activity and activism on behalf of LGBT
people. Despite strong opposition from the United States and many other
nations, Nigeria enacted the Same-Sex Marriage Prohibition Act in January,
and one month later, Uganda’s President signed into law the
Anti-Homosexuality Act. In Nigeria, the legislation immediately triggered
an outbreak of violent anti-gay attacks.
As you know, Uganda and Nigeria are among the countries eligible for AGOA,
which has allowed for duty-free treatment of certain imports from
sub-Saharan African countries since 2000. Congress passed this law with a
clear intention to make the benefits of this non-reciprocal agreement
contingent on these countries’ commitment to human rights. AGOA states
that a country is only eligible for preferential trade status if that
country “does not engage in gross violations of internationally recognized
human rights.”
The jurisprudence in the area of international human rights supports
respect of sexual orientation and gender identity as human rights. We
therefore ask that your Administration review Nigeria and Uganda’s
eligibility for AGOA’s trade preference and, if it is determined that
those countries are not “making continual progress” in meeting the
statute’s requirements, that you take steps to revoke AGOA eligibility to
Nigeria and Uganda in accordance with 19 U.S. C. §2466a(a)(3). We believe
that the discriminatory anti-LGBT laws in those countries represent a
clear violation of human rights and hope that the interagency process
charged with AGOA’s annual review will make this recommendation. We
further ask that you not restore eligibility until these beneficiary
countries have taken steps to eliminate harsh penalties for LGBT persons.
As the International Trade Commission (ITC) correctly stated when AGOA was
first passed, “Congress never intended AGOA to be a blank check for all
African countries, without regard to performance. It was meant to offer
tangible incentives for African governments to improve their political and
economic governance, not to underwrite poor policies.” Some of the leaders
who promote the benefits of AGOA in their respective countries, including
Uganda’s President Yoweri Museveni, are the same leaders now presiding
over the deterioration of LGBT rights in Africa. By revoking AGOA
eligibility, the United States will be sending a clear message that
countries must choose between enjoying the benefits of AGOA and violating
the human rights of LGBT individuals. We thank you for your attention to
this matter and urge you to act swiftly.
Sincerely,
Christopher S. Murphy, United States Senator
Tammy Baldwin, United States Senator
Martin Heinrich, United States Senator
Richard Blumenthal, United States Senator
Barbara Boxer, United States Senator
Al Franken, United States Senator
Kirsten Gillibrand, United States Senator
Edward Markey, United States Senator
Sherrod Brown, United States Senator
Mark E. Udall, United States Senator