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Advocacy, social control, and the criminalisation of same-sex relationships : the evolution and enforcement of ‘anti-gay laws’ in Nigeria
Thesis (LLD)--University of Pretoria, 2020.
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| Format: | Thesis |
| Language: | English |
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University of Pretoria
2021
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| _version_ | 1867613508878729216 |
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| access_status_str | Open Access |
| author2 | Viljoen, Frans |
| author_browse | Viljoen, Frans |
| author_facet | Viljoen, Frans |
| collection | Thesis |
| dc_rights_str_mv | © 2019 University of Pretoria. All rights reserved. The copyright in this work vests in the University of Pretoria. No part of this work may be reproduced or transmitted in any form or by any means, without the prior written permission of the University of Pretoria. |
| description | Thesis (LLD)--University of Pretoria, 2020. |
| format | Thesis |
| id | oai:repository.up.ac.za:2263/78375 |
| institution | University of Pretoria (South Africa) |
| language | English |
| last_indexed | 2026-06-10T12:37:16.203Z |
| license_str | Other — see source repository |
| provenance_str_mv | Harvested via OAI-PMH from UPSpace — University of Pretoria Institutional Repository |
| publishDate | 2021 |
| publishDateRange | 2021 |
| publishDateSort | 2021 |
| publisher | University of Pretoria |
| publisherStr | University of Pretoria |
| record_format | dspace |
| source_str | UPSpace — University of Pretoria Institutional Repository |
| spelling | oai:repository.up.ac.za:2263/78375 Advocacy, social control, and the criminalisation of same-sex relationships : the evolution and enforcement of ‘anti-gay laws’ in Nigeria Viljoen, Frans ayosogunro@gmail.com O’Connell, Ciara Sogunro, Ayodele UCTD LGBT Law Human Rights Nigeria Thesis (LLD)--University of Pretoria, 2020. Since the enactment of Nigeria’s Same Sex (Marriage) Prohibition Act of 2013, advocacy for the protection of sexual and gender minorities in Nigeria has grown rapidly. This advocacy often toes a line of legal formalism, under an international human rights law framework. This framework uses strategic litigation, petitions before international bodies, presentation of violations reports to the national human rights bodies, and public engagement on the equality of application of human rights norms for sexual and gender minorities. Despite these efforts, political rhetoric and public opinion continue to be antagonistic to advocacy efforts, based on the claim of political and religious leaders that same-sex relationships and non-heteronormative sexuality and gender identity are incompatible with the cultures and religions of the Nigerian population. This thesis argues that the evolution and enforcement of Nigerian laws criminalising same-sex relationships and non-heteronormative sexuality and gender identity (‘criminalising laws’) are part of a system of wider social control leveraged by the political elite to perpetuate its hegemonic power. Consequently, this thesis proposes that, to advance the legal protection of sexual and gender minorities in Nigeria, advocates must critically understand, and take measures to reduce, the underlying power dynamics in the criminalising laws. Using doctrinal and empirical research, this thesis proposes democratic strategies to challenge and reduce hegemonic power dynamics in Nigeria, and to strengthen existing advocacy for the protection of sexual and gender minorities in Nigeria. The research shows that the evolution of laws criminalising same-sex relationships in Nigeria is based on the use of political homophobia by the political elite as a tool of social exclusion. It further concludes that law enforcement authorities in Nigeria are guided by hegemonic considerations in the enforcement of the criminalising laws. The thesis identifies social control linkages between the criminalising laws and the existence of wider social exclusion in Nigeria. An increased awareness by advocates of these underlying hegemonic motivations can lead to a more nuanced, more contextual, and more intersectional advocacy for the rights of sexual and gender minorities in Nigeria. Centre for Human Rights LLD Unrestricted 2021-02-10T06:49:16Z 2021-02-10T06:49:16Z 2021-04-14 2020 Thesis Sogunro, A0 2020, Advocacy, social control, and the criminalisation of same-sex relationships: The evolution and enforcement of ‘anti-gay laws’ in Nigeria, LLD thesis, University of Pretoria, Pretoria, viewed yymmdd http://hdl.handle.net/2263/78375 A2021 http://hdl.handle.net/2263/78375 en © 2019 University of Pretoria. All rights reserved. The copyright in this work vests in the University of Pretoria. No part of this work may be reproduced or transmitted in any form or by any means, without the prior written permission of the University of Pretoria. application/pdf University of Pretoria |
| spellingShingle | UCTD LGBT Law Human Rights Nigeria Advocacy, social control, and the criminalisation of same-sex relationships : the evolution and enforcement of ‘anti-gay laws’ in Nigeria |
| title | Advocacy, social control, and the criminalisation of same-sex relationships : the evolution and enforcement of ‘anti-gay laws’ in Nigeria |
| title_full | Advocacy, social control, and the criminalisation of same-sex relationships : the evolution and enforcement of ‘anti-gay laws’ in Nigeria |
| title_fullStr | Advocacy, social control, and the criminalisation of same-sex relationships : the evolution and enforcement of ‘anti-gay laws’ in Nigeria |
| title_full_unstemmed | Advocacy, social control, and the criminalisation of same-sex relationships : the evolution and enforcement of ‘anti-gay laws’ in Nigeria |
| title_short | Advocacy, social control, and the criminalisation of same-sex relationships : the evolution and enforcement of ‘anti-gay laws’ in Nigeria |
| title_sort | advocacy social control and the criminalisation of same sex relationships the evolution and enforcement of anti gay laws in nigeria |
| topic | UCTD LGBT Law Human Rights Nigeria |
| url | http://hdl.handle.net/2263/78375 |