Dossier of Claims: Nigeria
By FIDH on Friday 5 March 2010, 11:10 - RESPECT! / RESPECTER! - Permalink
RESPECT! Although Nigeria has ratified the main
international and regional women’s rights protection instruments,
discrimination against women persists widely both in law and practice. The
Coalition of the Campaign is concerned that 25 years since Nigeria’s
ratification of the Convention on the Elimination of all forms of
Discrimination Against Women (CEDAW), the government has failed to adopt a law
to allow CEDAW to be invoked before Nigerian courts. The Coalition remains
particularly concerned by the following violations of women’s rights in
Nigeria: persistence of discriminatory laws; lack of harmonisation between
statutory and customary laws and application of Sharia laws in the northern
states; violence against women, including widowhood rites; and obstacles to
access to employment, decision-making positions and health services.
SOME POSITIVE DEVELOPMENTS…
The Coalition of the Campaign acknowledges the adoption of several laws and
policies aimed at improving respect for women’s rights, including:
The passage of the Gender and Equal Opportunities Law 2007 by the states of
Anambra and Imo, providing for affirmative action measures to redress
under-representation of women in appointive and elective positions and
prohibiting discrimination in areas such as education and employment.
The adoption of laws protecting the rights of widows in several states:
Enugu (2001), Oyo (2002), Ekiti (2002), Anambra (2004), and Edo (2004).
However, implementation of these laws remains inadequate.
BUT DISCRIMINATION AND VIOLENCE PERSIST
In Law
Nigeria is a federal republic with 36 states, which each adopt distinct
federal laws. Nigeria has a tripartite legal system consisting of statutory,
customary, as well as, in the northern states, sharia laws. The three bodies of
law create contradictions and inconsistencies and discriminatory provisions are
widespread within each source of law particularly in the areas of family and
property law.
Discriminatory statutory laws include:
Constitution: Article 26(2) limits the rights of Nigerian women to transmit
their nationality to foreign spouses. Article 29(4) deems a woman to be of full
age upon marriage, which lends support to early marriages and contradicts the
minimum age requirement (18 years for men and women) set by the Child’s Right
Act 2003.
Criminal code: Very strict evidential requirements are imposed to prove the
crime of rape, making convictions almost impossible (s. 358, requirement of
corroborative evidence). Abortion is criminalised (ss. 228-230).
Discriminatory customary and religious laws
include:
Marriage: In the southern region, customary laws allow
marriage of girls between 12 and 15 years, while in other regions marriage is
authorised from 9 years. A 2004 United Nations report estimated that 28% of
girls between 15 and 29 years were married, divorced, or widowed. Polygamy is
authorized and widely practiced under both customary and Sharia laws. Nearly
one third of Nigerian women are in polyga- mous unions.
Divorce: Sharia law recognizes four main types of divorce.
The talaq procedure can only be initiated by the husband. It allows him to
repudiate the marriage by announcing out loud that he intends to divorce his
wife. The khul’u procedure allows a woman to request a divorce by paying a
“ransom” to her husband in order to terminate the marriage. The khul’u is
settled in court. The tafriq and faskh procedures also require court
intervention. Divorce is pronounced following an investigation into the truth
of the wife’s accusations.
Violence: Under the Penal Code of Northern Nigeria,
husbands are permitted to beat their wives provided it does not rise to the
level of “grievous hurt” (s. 55). Under Sharia law, the husband can withdraw
maintenance if his wife refuses sexual inter- course. Under Sharia law (eg.
Kano State Sharia Penal Code), a woman alleging rape must produce 4 witnesses
to the rape. If the rape is not proved she can be punished for adultery with a
prison sentence or flogging.
Ownership of property: Under customary law, only men have
the right to own land. Sharia law does not allow women access to real property.
Under customary law, a widow cannot inherit marital property.
In Practice
Violence
Despite intensive lobbying efforts of women’s rights organisations in
Nigeria, the legislature has yet to pass into law 9 draft bills on violence
against women, including bills prohibiting domestic violence, female genital
mutilation, and sexual offences. Domestic violence is extremely prevalent in
Nigeria. It is estimated that 20% of women are victims of domestic violence and
such violence is generally condoned by society. There is no specific
legislation sanctionning domestic violence and marital rape is not
criminalised. It is almost impossible to obtain convictions for rape due to
strict evidential requirements. In addition, women tend not to report rape for
fear of shaming themselves and their family members, and aware that the
authorities generally refuse to file their complaints. When complaints are
filed, investigations are often abandoned.
Despite the passage of laws in several states prohibiting female genital
mutilation (FGM), and the adoption of a National Plan of Action aimed at
reducing the preva- lence and incidence of FGM, the practice remains
widespread. A 2007 World Health Organization study reported that FGM is
practised in the vast majority of Nigerian states. It is estimated that across
the country 20% of women aged 15 – 49 have under- gone some form of FGM and the
areas with the highest prevalence are southwestern Nigeria (56.9%),
southeastern Nigeria (40.8%), and southern Nigeria (34.7%). Although laws
protecting the rights of widows have been adopted in several states, across the
country women continue to be subjected to widowhood rites. Such rites include
forcing widows to drink the water used to bathe the husband’s corpse, or to
crawl over his corpse. According to the practice of levirate, a widow can be
forced to marry to her deceased husband’s male relative.
Despite the adoption of the Trafficking in Persons Prohibition Law
Enforcement and Administration Act in 2003 (amended in 2005) and the
establishment of the National Agency for the Prohibition of Trafficking in
Persons, trafficking remains widespread.
Obstacles to access to employment and under-representation in
political and public life
Women have higher rates of illiteracy than men and are predominantly
employed in the informal sector and thereby restricted from accessing social
security benefits. Sexual harassment remains prevalent. Women continue to be
seriously underrep- resented in decision-making positions. Despite the 35%
minimum quota stipulated in the National Gender Policy, in 2010 women
represented 6.9% of members of the House of Representatives and 8.3% in the
Senate.
Obstacles to access to health
Healthcare facilities are inadequate in quality, number, and funding. Lack
of access to prenatal and post-natal care, obstetric services and family
planning information, contributes to the high maternal mortality rate. Nigeria
has the world second highest maternal mortality rate (1,100 per 100,000 births
in 2007). Other contributing factors include unsafe abortions, inadequate
post-abortion care, early and child marriages, early pregnancies, high
fertility rate and inadequate family planning services, the low rates of
contraceptive usage, lack of sex education.
THE COALITION OF THE CAMPAIGN CALLS ON THE AUTHORITIES OF NIGERIA
TO:
- Reform or repeal all discriminatory statutory laws in conformity
with CEDAW and the Maputo Protocol, including provisions within the
Constitution and the Criminal Code.
- Harmonise statutory, customary, and religious law in conformity
with international and regional instruments on women’s rights and
ensure that where conflicts arise between formal legal provisions and customary
law, the formal provisions prevail.
- Strengthen legislation and other measures to protect women from
violence and support victims, including by adopting specific
legislation to criminalise domestic violence, marital rape and other crimes of
sexual violence; and reforming the evidence requirements to prove rape;
removing obstacles to victims’ access to justice; ensuring effective
prosecution and punishment of offenders; implementing training for all law
enforcement personnel; and establishing shelters for women victims of
violence.
- Increase efforts to ensure women’s equal access to employment and
decision-making positions, including by strengthening measures to
combat sexual harassment in the workplace and implementing temporary special
measures, including quotas.
- Improve women’s access to health, including by
strengthening efforts aimed at reducing the incidence of maternal and infant
mortality; increasing knowledge of and access to contraception; improving sex
education and establishing family planning services.
- Adopt all necessary measures to reform or eliminate discriminatory
cultural practices and stereotypes, including through
awareness-raising programmes targeting women and men, traditional and community
leaders.
- Implement all recommendations issued by the CEDAW
committee in July 2008.
PRINCIPAL SOURCES
- Focal Points: BAOBAB, CLO, WILDAF-Nigeria
- CEDAW Committee recommendations, July 2008
- Nigeria CEDAW NGO Coalition Shadow Report to CEDAW June – July
2008
- Wikigender, www.wikigender.org
THE CAMPAIGN FOCAL POINTS IN NIGERIA:
BAOBAB for Women’s Human Rights
BAOBAB is a not-for-profit NGO with the mandate to promote and protect women’s rights under religious, statutory, and customary laws in Nigeria. Activities include media awareness, capacity building, and producing publications on women’s rights issues.www.baobabwomen.org
Civil Liberties Organization (CLO)
CLO is Nigeria’s first and largest, independent, not for profit human rights organisation founded in 1987. CLO has six zonal offices, 37 state branches and 111 units in the lcal government areas and tertiary institutions in Nigeria.http://www.clo-ng.org/
WILDAF-Nigeria
WilDAF-Nigeria is a member of the pan-African network, WILDAF. The sub-regional coordination of WiLDAF West Africa covers 8 countries including Nigeria.http://wildaf-ao.org
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Comments
I was forced into sex by a man that promise he loves me,for three years he was jobless and i feed him.he collected all my money and after 3 years he said i was the cause of his problem and asked me to go without returning all my money.when i asked for the money he told me there is no written document saying he collected money from me.i have teller of how i made payment into his account please is there anyway i can be help to get back part of what he took from me.He was the one that disvirgined me at age of 29years old. thanks for your help.
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