Fidh Report – Women´s Conditions of Life and Human Rights in Nigeria
Dr. Muhammad Shamsaddin Megalommatis
March 11, 2010
Freedom and Justice existed as words and valuable socio-anthropological terms for the Ancient Assyrians, Egyptians, Persians, Phoenicians, Hebrews, Kushites – Ethiopians, Yemenites, Berbers, Indians, Somalis (Azanians), Chinese, Greeks and Romans. But the connotations varied from country to country.
This happens today as well. To oppose this and suggest that one connotation of this or that term (Equity, Fraternity, Morality) prevails allover the world represents the most ill-conceived effort of a global tyranny. It is inhuman because it helps only absorb and deform the cultural identity, the national integrity, and the socio-behavioural authenticity of every people in the world.
On the other hand, the rise of the Western technological system does not constitute a civilization; today´s global system would have been utterly rejected by all the previous generations, all historical civilizations, and all the major intellectuals and thinkers of the Mankind. Worse, it would have been discarded by all the pillars of the Western post-medieval civilization.
The rise of the modern Western technological system coincided with the gradual and advanced degradation of all the traditional civilizations, cultural and socio-behavioural systems, values and concepts, the Western post-medieval civilization included.
Considering the historical developments in their totality, we are able todeduce mutatis mutandis that only some elements of the Western post-medieval civilization survived within the modern Western technological system – not as inherent elements but as disparate and contradictory points. This explains the occurrence of inner strives and fratricidal conflicts produced within the Western technological system that are incomparably more aggravated than in any other earlier system.
In contrast, within all other traditional civilizations, cultural and socio-behavioural systems, the decadence reached the level of decomposition (due also to the introduction of elements and concepts of the modern Western technological system), and their originality not only is by now lost but also forgotten (referring to the constituent elements of these systems, namely the populations that compose, believe and practice them). This explains why these systems in decomposition cannot possibly oppose the advanced diffusion of the modern Western technological system within their own sphere of influence; they are dead.
In fact, the condition of our global world is so confused that conceptual thinking, thoughtfulness and attentiveness matter greatly. It is certain that an African tyranny does not allow space for freedom to the Africans; but at the same time, it is also certain that the machinated, unhindered and uncontrolled rise in force of financial Leviathans in the West did put an effective end to the freedom of the Americans and the Europeans.
Today, it starts looking comical to accuse Khartoum´s butcher Al Bashir for having not offered equal opportunities for development to the people of Darfur and not to equally accuse the notorious Wall Street servant Obama for having not offered equal opportunities for economic prosperity to the people of America.
That is why Human Rights theoreticians and activists, NGOs and groups of pressure have today a far more nuanced task to carry out, if they truly want to bring forth successful results and substantial improvement worldwide. Otherwise, if they incessantly reproduce the Western approach to Human Rights as the only valid at the global level, they will be soon transformed into old-fashioned and insignificant bureaucracies of picturesque style and proverbial inefficiency.
Focusing on Women´s Rights, Western NGOs and activists would offer a far better service to women worldwide by simply making available to them the necessary space and audience so that they have a chance to state their expectations and troubles, their concepts and demands, as well as their frustrations and needs. Their voice must be heard worldwide; this is the critical issue.
Projecting on third world countries´ feminine populations various ideas that are particular to the modern Western technological system will not work for long, and will not help improve the conditions of life of the women worldwide.
In an earlier article, I reproduced the chapter on Abyssinia (fake Ethiopia) from the Fidh Report, Dossier of Claims. In this article, I select the chapter on Nigeria. In forthcoming articles, I will republish further chapters of the Fidh Report.
Dossier of Claims
http://www.fidh.org/IMG/pdf/dossierofclaims0803eng.pdf
Nigeria
Women´s rights protection instruments ratified by Nigeria:
CEDAW : ratifi ed in 1985
CEDAW Protocol: ratifi ed in 2004
Protocole de Maputo : ratified in 2005
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 harmonization 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 igerian women are in polygamous nions.
Divorce: Sharia law recognizes four main types of divorce. The talaq procedure an 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 intercourse. 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 sanctioning 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 prevalence 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 undergone 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 underrepresented 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 Campaigncalls 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 criminalize 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 omen´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 local 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
Note
Picture: Nigerian women
From: http://nigeriaworld.com/images/news/big/northern-nigeria/muslim-women-300.jpg
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