Resolution on launching consultations to suspend Uganda and Nigeria from the Cotonou Agreement in view of recent legislation further criminalising homosexuality

The European Parliament adopted by 45 votes to 0 with 5 abstentions, a resolution on launching consultations to suspend Uganda and Nigeria from the Cotonou Agreement in view of recent legislation further criminalising homosexuality.

The text adopted in plenary had been jointly tabled by the EPP, S & D, ALDE, Greens/EFA and GUE/NGL groups.

Parliament recalled that 76 countries continue to consider homosexuality a crime, with five countries providing for the death penalty for such crimes. In Uganda, consensual acts between people of the same sex were already punished with 14 yearsʼ imprisonment under the Ugandan Penal Code whilst in Nigeria they are punishable with seven yearsʼ imprisonment (or the death penalty in the 12 states under Sharia law).

On 20 December 2013 the Ugandan Parliament adopted the Anti-Homosexuality Bill, which punishes support for LGBTI peopleʼs rights with up to seven yearsʼ imprisonment. On 17 December 2013 the Nigerian Senate adopted the Same-Sex Marriage (Prohibition) Bill, which punishes people in a same-sex relationship with up to 14 years' imprisonment, with up to 10 yearsʼ imprisonment for people witnessing same-sex marriages.

Parliament deplored the adoption of new laws, underlining the fact that LGBTI equality is an undeniable element of fundamental human rights. Therefore, it called on the President of Uganda to repeal the Anti-Homosexuality Act and on the President of Nigeria to repeal the Same-Sex Marriage (Prohibition) Bill, noting that, by signing these laws, the Governments of Uganda and Nigeria failed to fulfil an obligation stemming from respect for human rights, democratic principles and the rule of law.

Members called on African Union and European Union leaders to address these laws during the discussions of the 4th Africa-EU Summit, to be held on 2-3 April 2014. They also called on the Member States, or the High Representative with the support of the Commission, to consider targeted sanctions, such as travel and visa bans, for the key individuals responsible for drafting and adopting these two laws.

The Commission and the Member States were urged to review their development cooperation aid strategy with Uganda and Nigeria and to give priority to redirection of aid to civil society and other organisations over suspension – even on a sectoral basis – of aid.

Lastly, Members called on the Commission and the Council to include an explicit mention of non-discrimination based on sexual orientation in any future agreement taking the place of the Cotonou Agreement, as demanded on many occasions by Parliament.