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Amid debates over clauses in the Samoa Agreement recently signed by Nigeria, particularly concerning LGBTQIA rights, a WhatsApp post has been making the rounds on the social media platforms of Nigerian churches.
The viral post alleged that the United States has ordered the legalisation of same-sex marriage in all countries of the world as a prerequisite for good relationships with world powers.
Nigeria signed the Samoa Agreement on June 28, 2024, at the Organisation of African, Caribbean, and Pacific States (OACPS) Secretariat in Brussels, Belgium.
A report from a national daily alleged that the agreement contained clauses “that compel underdeveloped and developing nations to support the agitations by Lesbian, Gay, Bisexual, and Transgender (LGBT) community for recognition, as a condition for getting financial and other support from advanced societies.”
Since the controversial agreement made the headlines, the federal government has faced backlash from Nigerians and several civil society organisations (CSOs).
Responding to the backlash, the Nigerian government clarified that the agreement did not include an LGBTQ+ clause. The Minister of Information, Mohammed Idris, said Nigeria has “an existing legislation against same-sex relationships” and that the Samoa Agreement does not invalidate any of Nigeria’s laws.
Despite the rebuttal from the government, critics opposed the Samoa Agreement.
In the same vein, a post that has been rescued was reshared on WhatsApp to highlight the extent of sexual immorality accepted by governments of the world.
The post claimed Germany had also recently legalised incest, adding that it is permitted in Canada. It also noted that anyone can “purchase sex” at any time in Miami, while pornographic films are allowed in schools in Spain amid other allegations.
Due to the topic’s sensitivity, DUBAWA subjected the claims to scrutiny to ascertain their accuracy.
Verification
Claim 1: To have good relations with world powers, the United States has mandated countries to accept same-sex marriage.
Verdict: False! The United States did not mandate any country to accept same-sex marriage. Rather, she called for the recognition of the rights of gay people.
For context, same-sex marriage is not prohibited in the United States. In 2015, the Supreme Court ruled that same-sex couples can marry in the country.
The apex court allowed married same-sex couples to enjoy the same legal rights and benefits as married heterosexual couples, giving more recognition on official documents such as birth and death certificates.
While the court verdict is considered a boost among gay rights activists globally, it is not binding on countries outside the United States.
Also, in 2022, Joe Biden approved legislation that ensures same-sex and interracial marriages are recognised as legal unions, also allowing people to sue to enforce those rights.
There are currently 32 countries in the world where same-sex marriages are legally recognised, according to a report by Statista.
However, same-sex marriage is criminalised in several countries. African countries, apart from South Africa, form over half of the countries where same-sex marriage is criminalised.
In Nigeria, for instance, a 2014 law prohibits same-sex marriage, with offenders facing up to fourteen years imprisonment. Though this attracted criticism from countries, including the United States, this has not stopped the latter from providing aid and support to Nigeria, with the latest report here.
Claim 2: Germany has signed a law decriminalising incest.
Verdict: False. While there have been calls for the legalisation of incest in Germany, the country has not decriminalised the act.
In 2022, a man identified as Patrick Stuebing, who had four children with his sister, Susan Karolewski, launched several appeals seeking the decriminalisation of incest in the country.
His pleas, however, did not change Germany’s stance on incest. Section 173 of the German criminal code forbids sexual relations between siblings or between parents and their children. The penalty could be two to three years of imprisonment or a fine, though the law is not binding on minors.
Sexual relations among siblings are frowned upon partly based on the increased likelihood of disabled children being produced by the union. Interestingly, two of the four children Mr Stuebing and Ms Karolewski had are disabled.
In 2002, Mr Stuebing was given a year’s suspended jail term after being found guilty of incest and in 2005, he was sentenced to two-and-a-half years incarceration for incest.
Mr Stuebing was subsequently convicted of incest in 2008 as the Federal Constitutional Court held that the ban on incest was justified “on the grounds of public health, self-determination and the protection of the family and society.”
He also lost his case at the European Court of Human Rights in 2012 regarding his rights to family life.
Citing his case in 2014, the German National Ethics Council called for the decriminalisation of incest between siblings, arguing that “it is not appropriate for a criminal law to preserve a social taboo”.
However, it made no mention of sexual relations between parents and their children. While conversations around the issue continue to linger, the German government has not decriminalised incest in the country.
In 2011, a German court reportedly sentenced a man identified as Detlef S to 14 years imprisonment for sexually molesting his biological daughter and stepdaughter.
Claim 3: Public sex is permitted by law in Miami.
Verdict: False! No law in Florida permits public sex.
Miami is a city in Florida, a state in the United States of America. The Florida Statute section 800.03 does not permit anyone to indecently expose their private organs in public or on another person’s property. This is considered a misdemeanour that can attract one year in prison and a fine of $1000.
It states, “It is unlawful to expose or exhibit one’s sexual organs in public or on the private premises of another, or so near thereto as to be seen from such private premises, in a vulgar or indecent manner, or to be naked in public except in any place provided or set apart for that purpose. Violation of this section is a misdemeanour of the first degree, punishable as provided in s. 775.082 or s. 775.083.”
The law, however, exempted mothers breastfeeding their babies.
Claim 4: Canada has allowed bestiality.
Verdict: False! When this report is filed, bestiality remains a crime in Canada.
As of 2016, non-penetrative sex acts with animals in Canada were not prohibited owing to the ambiguity in the definition of bestiality.
However, by June 2019, a new law aimed at protecting animals from cruelty and violence was passed, expanding the definition of bestiality to involve “any contact for a sexual purpose between a person and an animal”.
The Department of Justice explained that the amendments were made to increase protections for children and other vulnerable individuals who may be forced by another person to commit or witness sexual acts with animals.
Section 160 of the Criminal Code prohibits any form of sexual activity with animals.
Claim 5: In Spain, pornographic films are allowed in high schools and universities.
Verdict: False! Pornography is not allowed in schools in Spain. A teacher, who once mistakenly projected porn to a classroom of 12-year-olds in the country, was dismissed.
A report was released as far back as 2014, which x-rayed the role of pornography in the sex education of young people in Spain. The writer noted how the omission of proper sex education in the educational curriculum had caused a gap that was gradually being filled with exposure to pornography — a trend causing an increase in the number of young persons engaging in sexual acts.
Recently, the Spanish government announced plans to launch an age verification pilot project to help reduce the consumption of pornography by minors. This step became necessary after a study found that half of the Spanish population under the age of 15 have accessed and consumed pornography at least once, and 25% before the age of 12.
The government also aims to draft a law that stops minors from accessing adult videos online.
In recent news reports about pornography in the country, one can easily decipher that the government frowns at such acts. Recently, 15 schoolchildren were sentenced to a year’s probation for creating and spreading AI-generated images of their female peers.
The court ”convicted the minors of 20 counts of creating child abuse images and 20 counts of offences against their victims’ moral integrity,” an online report noted.
Claim 6: Prostitution involving minors is now authorised.
Verdict: There is no sufficient evidence to support this claim. There was no mention of the country where authorisation of prostitution for minors was given.
While the claim mentioned one Marg Luker, it didn’t state who the name represented or their authority. A Google keyword search showed that Luker had worked at the Upper Canada District School Board. We can’t link this person to the claim.
In its International Technical Guide on Sexuality Education, the United Nations Educational Scientific and Cultural Organization (UNESCO) 2018 highlighted some parts of sexual behaviour and sexual response targeted at kids aged 5-8 years, 9-12 years, 12-15 years, 15-18+ years.
UNESCO Director-General Audrey Azoulay argued that the guide “promotes structured learning about sexuality and relationships in a manner that is positive and centred on the best interest of the young person. By outlining the essential components of effective sexuality education programmes, the Guidance enables national authorities to design comprehensive curricula with a positive impact on young people’s health and well-being.”
Meanwhile, the United Nations Convention on the Rights of the Child, Article 34, mandates countries to protect children from sexual exploitation and sexual abuse.
It necessitates countries to “take all appropriate national, bilateral and multilateral measures to prevent: (a) The inducement or coercion of a child to engage in any unlawful sexual activity;
(b) The exploitative use of children in prostitution or other unlawful sexual practices;
(c) The exploitative use of children in pornographic performances and materials.”
Claim 7: Satanic churches are opened in the USA.
Verdict: True. As far back as 1966, the Church of Satan was established by celebrity Anton LaVey in San Francisco, California.
Another Satanic Temple was established in 2013. It formally gained recognition as a tax-exempt religious organisation in the United States in 2019. The acknowledgement is said to ensure that the Satanic Temple has the same rights as other religious organisations. Meanwhile, the church was founded in 2013.
The Satanic Temple, according to reports, does not represent Satan as the personification of evil but rather considers Satan as a literary character.
Conclusion
While the viral WhatsApp post sought to identify controversial laws in various countries worldwide, it mainly contained false and misleading narratives.
