WOMEN'S ANTI-DISCRIMINATION COMMITTEE TAKES UP REPORT OF NIGERIA
Press Release
WOM/1065
WOMEN'S ANTI-DISCRIMINATION COMMITTEE TAKES UP REPORT OF NIGERIA
19980702 Nigeria's Constitution guaranteed enforceable equal rights, but it was a country steeped in tradition and Nigerians preferred to settle disputes out of court, that country's Minister of Women Affairs and Social Development, Hajo Sani, told the Committee on the Elimination of Discrimination against Women this morning as it began considering Nigeria's combined second and third periodic reports.Nigerians generally settled disputes through the extended family system, Hajo Sani continued. There was no record of the prevalence of violence against women because fears of reprisal from both the husband and the wider family kept women from reporting incidents. Shelters for battered women did not exist because women would not disgrace their families by using them. To encourage reporting, legal clinics and centres were being set up, some of which offered psychological succor.
Other measures taken by the Government to attain de facto equality between men and women included creation of ministries for women at the local and national levels. A national workshop would be carried out on female genital mutilation and strategies were being mapped for coordination. Seminars were being held and, to assess the magnitude of harmful traditional practices, a national baseline survey was conducted in 1997.
In their comments, several Committee experts said that Nigeria's socio- cultural climate impeded implementation of the Convention. Many traditional and customary practices -- such as polygamy, the treatment of widows, and male consent for women to leave the country -- violated the human rights of women, and were not appropriate in the twentieth century.
"I was not convinced that you were convinced" about pursuing efforts to change the cultural mindset, one expert told the delegation. Archaic religious interpretations must be countered by Government action to prevent discrimination against women. Cultural thinking was not just a matter of tradition; it also impacted development. For example, constant pregnancy was
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bad for a woman's health. "If a woman died in childbirth, development stopped", she said.
Experts also expressed concern about violence against women, and the lack of related data. Just because such crimes were not reported did not mean they did not occur, they said. Nigerian women were often hesitant to report incidents of rape because of the attendant stigma.
The Government must create and implement preventive programmes to educate both men and women about these issues, experts said. Massive awareness campaigns were needed at the national and local levels, and police and justice officials must be sensitized and trained.
The Committee will meet again at 3 p.m. today, to continue considering Nigeria's combined second and third periodic reports.
Committee Work Programme
The Committee on the Elimination of Discrimination against Women met this morning to consider Nigeria's implementation of the Convention on the Elimination of All Forms of Discrimination against Women. It had before it that country's combined second and third periodic reports of 26 February 1997.
The report (document CEDAW/C/NGA/2-3) is submitted in compliance with Nigeria's treaty obligations and undertaken under article 18(1) of the Convention which it ratified on 13 June 1985. The present report proceeds from where the initial report closed in 1986 and gives an overview of progress made and obstacles encountered in each of the articles of the Convention until the end of the third reporting period in 1994.
According to the report, although Nigeria's Constitution now guarantees rights based on equality between men and women, removes discrimination on the basis of sex, and provides instruments to enforce equal rights, there is still a need to enact separate municipal legislation under the Constitution to ensure that the Convention is applied by courts. Since 1985, the country has become more determined to remove impediments to women's participation in development. Nigerian women are also set to critically examine their roles to see how by default they have contributed to their relatively slow progress. Many programmes of women in development since 1994 have shown the political will to eliminate discrimination and to secure equal rights for women.
There are, however, still no enforcement laws that offer support when there is discrimination through customs, attitudes and discriminatory practices, continues the report. At times, administrative directives directly derogate from the intentions of certain legislation. Of greater importance is the issue of women's self-perception. Despite legislation, only enlightened women can hope to reap the benefits conferred by the Constitution and the Convention.
The report details Nigeria's compliance with the individual articles of the Convention, including: actions to address discrimination against women; temporary special measures and affirmative action; employment and labour; health; women in the international arena; and agriculture. To meet the requirements of article 1 -- Discrimination against Women, and article 2 which requires government to eliminate discrimination, a number of initiatives have taken place since submission of Nigeria's initial report. The National Committee on Women and Children has been set up to review all relevant laws and recommend appropriate amendments in line with rights guaranteed by the Convention. That Committee has submitted a report and a draft law on the rights of women to the Federal Government.
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The draft law touches on all aspects of the Convention, clearly defines "discrimination against women", and imposes penal sanctions to punish discriminatory acts based on sex, the report continues. It is hoped that the legislation would have been passed by the time the fourth periodic report is issued so that its provisions can be elaborated. Also, a National Committee on Sexual Harassment has been set up by the Government to examine the issue and make recommendations. That Committee has also completed its work and submitted its report. The Government will similarly introduce a law to protect females from sexual harassment at school and at the workplace.
Outlining Nigeria's actions in addressing article 4 -- temporary special measures, affirmative actions to accelerate equality between men and women, the report says that the National Commission for Women, established in 1989 as part of Nigeria's Forward Looking Strategies for the Advancement of Women, has been upgraded. That entity, now a full fledged Ministry for Women Affairs and Social Development, gives credence to the Government's policy on womanhood which has, apart from carrying out the Constitution's provisions, encouraged the interrelationship of women worldwide. As a result, a number of Nigerian women were sponsored to attend the 1995 World Conference on Women organized by the United Nations in Beijing, China.
Identifying other recent temporary measures that have been adopted in Nigeria, the report states that the issue of female circumcision has been forced into the international agenda of practices harmful to women's health. A national committee on the issue was established and a massive public enlightenment campaign has been set up by the media, churches, and ante- and post-natal and child welfare clinics to educate women, particularly rural and illiterate ones, on the harmful effects of female genital mutilation. However, the Government's efforts towards eliminating the custom have been emasculated by cultural prejudices and practices. In spite of measures adopted by the Government, female circumcision still prevails. Women's organizations in collaboration with the Government are working to eradicate it.
Continuing, the report states that the Women Education Programme established in 1987 to increase women's participation in Nigeria's educational process, and the federal, state and local government women education committees have mounted enlightenment campaigns on the advantages of schooling and the effects of early marriages and school dropouts on women. In some parts of Nigeria female tuition is free; also, more schools exclusively for girls have been, and are being established. The target for the Women Education Programme was to raise female literacy from 5 per cent to 30 per cent by 1992, and to achieve a 30 per cent female school enrolment by the year 2000. So far, the programme has been a success. In 1996, available federal statistics stated that female literacy was at 41 per cent.
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Addressing Nigeria's compliance with article 11 concerning employment and labour, the report notes that factors which militate against the employment of women include customary attitudes and beliefs, employers' attitudes, and the issue of sexual harassment where resistance by women results in victimization. Also, there is still subtle psychological resistance to female bosses. These traditional and attitudinal barriers are, however, being gradually broken down, giving way to a situation where all children, male and female, are given equal educational opportunities. Females now graduate in areas which were once exclusively male. They even participate in trade union leadership and there is a women's chapter in the Nigeria Labour Congress.
On the issue of health care and family planning, article 12, the report says that Nigeria's Federal Ministry of Health, through the national health care system, is aiming to establish a comprehensive system in which preventive, protective, restorative and rehabilitative services are every woman's right. In the overall planning strategy for the enhancement of women in Nigerian society, the health care delivery policy has devoted special attention to health hazards common to women, especially those related to child bearing.
Continuing, the report states that in the last four years, positive efforts have intensified in the following areas: environmental sanitation; communicable disease control; maternal health services; immunization, especially the National Programme on Immunization and the Oral Dehydration Therapy; school health service; family planning and counselling programme; maternal morbidity and mortality; the Safe Mother Programme; training of doctors in the management of emergency cases to equip them to work in the community and the local government areas; women empowerment; and service delivery, which includes emergency preparedness.
Describing Nigeria's actions in adhering to article 8, women in the international arena, the report says the number of women representing Nigeria is steadily increasing since the initial periodic report. Four female ambassadors represent Nigeria abroad and the Director-General of the Ministry of External Affairs until recently was a woman. The Executive Secretary of the West African Women's Association was formerly a career diplomat. In addition, Nigeria was represented on the Committee on the Elimination of Discrimination against Women, at the International Research and Training Institute for the Advancement of Women, and on the Commission on the Status of Women. As of September 1991, women represented one third of the staff of the Ministry of Foreign Affairs. With regard to the African Peace Mission, women are being encouraged to initiate actions that complement and integrate them into the decision-making and leadership cadre of society. Much still remains to be done, but with increasing education, it is hoped that the number of women on the international scene will continue to rise.
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Addressing Nigeria's compliance with article 14 -- women in agriculture -- rural women, the report states that those women play a vital role in the production, preparation, preservation and distribution of food supplies in that country. Until recently, development plans and efforts did not, however, recognize their contribution to the agricultural sector. Most of the past national development plans did not include any programmes for effective training and participation of women in agricultural production, storage, marketing and processing of farm produce. Against this background, units of the Home Economics Division of the Federal Ministry of Agriculture and Rural Development were established in each of the country's agro- ecological zones.
The report goes on to say that the World Bank in 1986 funded two consultancies in Nigeria to determine the extent of women's participation in agriculture and recommend strategies. In 1991, that resulted in the establishment of the Women in Agriculture programme in the Federal Ministry of Agriculture. That programme identifies and disseminates production, processing and utilization technologies in all the sub-sectors of agriculture to reduce the drudgery associated with the female workload, the report continues. It also links women to sources of credit and other agricultural inputs, such as improved seed and cuttings, seedlings, agro-chemicals and fertilizers. In essence, it assisted Nigerian states to improve the agricultural productivity of women farmers using available resources. Much success had been achieved in this, and many women's groups, organized around various innovative agro-based activities in production and processing, now exist in different parts of the country.
The report notes that there are still major constraints to women in agriculture in Nigeria. Areas which need redress are: inadequate financial resources for women; inadequate research into women's concerns; a land tenure system which offers limited access to females, inaccessibility to other productivity resources; and few women in management positions in the agricultural sectors. In terms of solutions, it is felt that there should be a specific policy on women farmers, which would enable women to have real control over the land they farm, help them to acquire productive resources and promote acquisition of agricultural management positions.
Nigeria's progress in complying with the other articles of the Convention is also detailed in the report.
Introduction of Report
HAJO SANI, Minister for Women Affairs and Social Development, Nigeria, introduced her country's combined second and third periodic reports on implementation of the Convention. She said the political transition programme in her country was being implemented faithfully to usher in a civilian democratic government.
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Nigeria, like many other African countries, was a multi-ethnic, multi- cultural and multi-religious society, she said. It had over 100 million people and 250 distinct groups. It was a federation of 36 states and had to contend with various interest groups. A system of local governments delegated administrative and legal authority to locally elected offices at the local council level. At present, there were 774 local government council areas.
Despite an awareness campaign to sensitize women in the electorate on the need for more women legislators and senators, the number remained small, she said. That was because of the aura of roughness associated with party politics, the heavy capitalization of electioneering compaigns and traditional and cultural attitudes towards politics. It was hoped that soon the number of women in politics would increase.
The five political parties had women officials as assistant organizing and social secretaries, one of whom led one of the political parties, she said. Eight women senators and nine women on a Vision 2010 committee had developed a blueprint for sustainable development in Nigeria. It was a good beginning. In addition, as a result of having established the State Ministries of Women Affairs and Social Development, each state had between two and three women commissioners.
The Constitution guaranteed basic rights for all, and it provided for the necessary instruments to enforce the rights, obligations and benefits guaranteed in other sections, she said. Any person who experienced a violation of rights could apply to a high court.
Nigerian women were participating in all spheres of national life, she said. However, certain cultural and traditional practices and beliefs still constituted obstacles to the full enjoyment of rights on issues of marriage, inheritance, land ownership or real estate development.
Regarding legislative action to address de jure and de facto equality, she said that in 1989, the Attorney-General had organized a national seminar to consider how best to guarantee protection for women. As a follow-up, a National Commission of Women and Children was set up to review laws relating to women and children for conformity with the Convention on the Elimination of Discrimination against Women, as well as the Convention on the Rights of the Child. That Commission had completed its work and submitted recommendations. Proposed laws were awaiting formal enactment. The Commission had since been transformed into a Federal Ministry of Women Affairs and Social Development, with a Cabinet Minister as its Chief Executive. State ministries had also been developed in all 36 states.
The creation of a framework to implement programmes for the advancement of women had been an important contribution by the military government, she said. The National Commission for Women, working in partnership with women
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non-governmental organizations (NGOs), had pioneered the path for the advancement of women. The Ministry of Women Affairs was raising public awareness on the need for women's empowerment, and for new partnerships based on mutual respect for the family. Only an enlightened woman could demand her rights and reap the benefits conferred on her by the Constitution and the Convention. The Ministry therefore emphasized education and skill acquisition. Education was viewed as the best cure for early marriage, and a key element in empowering women. The National Women Education Programme, adopted in 1987 by the National Council on Education, had led to girls' enrolment in secondary schools increasing from 42.2 per cent in 1987 to 67 per cent in 1993.
Since the last report, the Government had encouraged the formation of women's NGOs to promote women's advancement, she said. It worked with other NGOs to coordinate the implementation of programmes for the welfare of women and girls. The National Council of Women Societies remained a strong partner with her Ministry in the promotion of women's welfare. All genuine women's NGOs were encouraged to register with that Council, to enhance collaboration of efforts. While contributions from NGOs were welcomed, transparency, accountability and objectivity were expected.
She then advised the Committee, in the name of objectivity, to be careful of a group, called the Nigerian NGOs Coalition, set up in May 1998 to present what was called "a shadow report" to the Committee. "The involvement of those who could not see anything good under a military government speaks volumes on the prejudiced and subjective reporting". Acknowledging the need to accomplish more, and work with men in renewed partnership, she said that any shadow report produced through the assistance of those who did not genuinely want to help Nigerian women work with men for the advancement of women and the girl-child should be held suspect and not be given respectability by the Committee. The group that had developed the shadow report had not been aware of administrative actions taken by the Government.
The Government had always relied on the views of non-governmental organizations in formulating and implementing policies, she continued. The Ministry of Women Affairs had sponsored Nigerian non-governmental delegates to attend international conferences because such participation contributed to nation-building. While the Constitution guaranteed the rights of every Nigerian irrespective of gender, social, religious or economic status, and while there was still much ground to be covered in fully integrating women into Nigerian society, many temporary measures had been taken to promote advancement more quickly.
Those measures included the formation of education programme committees for women at the federal, state and local governmental levels and appointment of women to decision-making positions, she said. In addition, poverty alleviation measures had been introduced. For example, community banks and
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self-help rural cooperative schemes had been set up to enable women to benefit from micro-credit institutions.
Nigeria was a country steeped in tradition, she said. Traditionally a woman was subjugated in marriage, divorce and widowhood. Better education and a positive attitude on the part of the Government had changed conditions for the educated women. Rural women still had those benefits to reap. Dehumanizing practices and prejudices of the past had been fuelled and legalized by statutes that were redressed by the 1979 Constitution. But old attitudes died hard. The complete eradication of cultural attitudes, prejudices and unconstitutional customary practices would only come true a slow process of change as society became more enlighted and the practices withered.
Seminars were the most effective way of educating women on the harmful traditional practices, she said. To enable assessment of the magnitude of the harmful traditional practices, a national baseline survey was conducted in 1997.
However, she said, there was no record of the prevalence of violence against women in the home because women did not report such actions for fear of reprisal from both the husband and the wider family. Shelters for battered women were non-existent, because of the fear that they would not be patronized by women unwilling to disgrace both maiden families and those into which they had married. To encourage reporting of such incidents, legal clinics and legal centres had been set up, some of which offered psychological succour.
She then turned to the implementation of individual articles. Under article 2, on legal and administrative measures to eliminate discrimination, she said that sections of the 1979 Constitution had corrected imbalances created by earlier constitutions. The National Committee on Sexual Harassment had been established, and the earlier-established national Committee on the Elimination of Discrimination against Women had completed its work.
Moving to article 3, on basic human rights, she said that Nigerian women were entitled to all the basic rights guaranteed in the Constitution, and were free to challenge any interference in those rights. Women were being appointed to decision-making bodies. Free legal aid was being provided.
On article 4, temporary measures to accelerate de facto equality, she said that women's education programmes had been set up at federal, state and local levels.
Turning then to article 5, on social and cultural patterns, she said that a national baseline survey had been conducted in 1997 to collect accurate data to facilitate action regarding eradication of harmful traditional
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practices. There was no record of the prevalence of violence against women in the home, since women preferred to settle such issues at family forums.
On article 6, trafficking in women and prostitution, she said that Nigerian law did not consider prostitution per se an offence, but there were provisions under criminal and penal codes against procuring, defilement and exploitation of prostitutes.
Turning to article 7, on women in public life, she said that Nigerian women had been part of the struggle for independence. Even under military rule, they were a force to be reckoned with because they remained in the mainstream of political life. However, monetary considerations might militate against women's participation. Women's NGOs and the Government are encouraging women to participate in political activities, and she hoped encouraging news would be presented at the next report.
On article 8, women's representation at international forums, she said that the number of women representing Nigeria was steadily increasing. The country had had five career ambassadors, and its women participated in various international organizations.
Regarding article 9, on nationality, no discrimination of any kind existed under the Constitution, she said. A person could claim nationality from his mother, father or grandparents. An alien women married to a Nigerian could apply for and obtain Nigerian citizenship by registration or naturalization, although she was not compelled to do so. However, an alien man married to a Nigerian woman did not have such rights. That matter was being reviewed.
Turning then to article 10, equal rights in education, she said the Government was committed to eliminating illiteracy, and had established free and compulsory primary education and free adult literary programmes. Currently, mass awareness campaigns were being directed towards encouraging parents to send their girl children to school. Centres had been established throughout the country to offer courses that were relevant to the needs of women.
Moving to article 11, on employment rights, she said the Constitution provided for equal employment opportunities for all citizens. The participation of women in the labour force had increased from 33.3 per cent in 1970 to 44 per cent in 1993.
On article 12, health care, she said that a National Health Policy had been formulated, in line with the World Health Organization (WHO) Commitment to Health for All By the Year 2000. The national policy was geared towards providing a national health care system for preventive and rehabilitative services for every citizen. Efforts had been intensified in areas which
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included maternal health services, immunization, family planning and counselling.
In relation to sexually transmitted diseases (STDs), especially HIV/AIDS, she said that a national AIDS/STD control programme had been developed. Progress had been made in the area of health care and family planning. However, governmental efforts towards eliminating harmful traditional practices against women, particularly female circumcision, had been thwarted by cultural prejudices and practices. It was hoped that with continued enlightenment and public education, such cultural practices and prejudices would be eliminated.
On article 13, economic and social benefits, she said there was no organized or regular government scheme for the family and social benefits other than those tied to employment, such as pensions. Women could thus not be singled out for discriminatory treatment in the provision of family benefits. Certain schemes had been put in place since 1994, including the Family Support Programme, which had taken action to empower women in politics, agriculture, and the provision of shelter. Local financial institutions had been established by the Government to provide easy credit facilities to men and women.
Continuing, the Minister said Nigerian rural women played a vital role in the agricultural process, a contribution that had not been recognized prior to the last decade. To redress that situation, a number of programmes had been undertaken by various government ministries, and a campaign to promote awareness of opportunities was under way. The Ministry was mandated to ensure equal accessibility of legal services to women.
Three types of marriages were recognized in Nigeria, she said: monogamous marriage under the Marriage Act; marriage under customary law; and marriage under Islamic law. All were legal and the courts enforced customary and Islamic laws, provided they were not obnoxious to natural justice, equity and good conscience and were not contrary to other enactments. Nigeria had yet to sign the Convention on Consent to Marriage.
In short, Nigeria had a demonstrated legal and consitutional foundation for equality between men and women, she said. The Government had taken great strides in working with women's non-governmental organizations for the promotion of women's welfare. Much remained to be done to effectively remove some customary, traditional and religious practices which militated against the advancement of women. The Government, however, was committed to ensuring that the advancement of the status of women was achieved for the end-goal of empowering women for sustainable development of the country.
Turning to a detailed response to questions posed by the Committee, she said again that the Constitution guaranteed enforcement of equal rights and
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everyone had the right to take advantage of the provisions of the Constitution to seek redress in the courts. The National Committee of women and children had looked at issues related to those groups. It had submitted a report to the Government, which had yet to enact a law based on it.
Thus, everyone had equal legal protection, she said, but Nigerians preferred to settle disputes out of court through the extended family system. That alternative form of dispute resolution was effective because people rarely complained once disputes were settled that way. Nevertheless, legal aid centres were being set up and a constitutional high court had recently been etablished.
Mechanisms and programmes to promote the advancement of women included four operational departments dealing with women's and children's issues, she said. They included the Family Support Programme, child development, rehabilitaiton and social welfare. In addition, educational centres for women had been established, with specialized areas such as those for drop-outs. Vocational centres trained women for economic empowerment. A Daughters of Abraham Foundation programme for rehabilitating prostitutes, which also promoted polygamy as a way of curbing prostitution, had also been established.
Regarding adoption of special measures for attaining de facto equality between men and women, she said, speaking of article 4, that the Government had created ministries at the local and national levels. To counter stereotypes, she said further in regard to article 5, non-governmental organizations had developed a blue-print on female genital mutilation. A national workshop would be held on that, and strategies were being mapped for coordination. There was no statistical data on domestic violence or rape because such incidents were not reported, but actions taken to counter cultural thinking included the establishment of guidance and counselling centres.
Under Nigerian law, prostitution was not punished but the person who procured and encouraged prostitution was punished, as were traffickers, she said with regard to article 6. As for article 7, she reiterated that at least one women was included in all the cabinets of the states as a good beginning towards the participation of women in decision-making. Regarding article 8, she said there had been an increase in the number of career female diplomats and the level of Nigerian women's participation in international organizations had increased tremendously.
To questions regarding article 11, on employment, she said that men and women had the same opportunities based on qualifications. The private sector enjoyed autonomy and set its own conditions, providing they did not violate the national laws. Married Nigerian women enjoyed three months of maternity leave with full salary. Nigerian women worked in all fields. The percentage of women in the informal sector was higher than those in the formal sector.
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Regarding questions posed on article 12, health, the maternal and infant mortality rates were increasing, due to poor economic conditions resulting from lack of available resources, she said. Prenatal and postnatal care was included under maternal health services in Nigeria. Vasectomy was viewed with repulsion, and seen as "un-Nigerian". Women were made aware of the importance of balanced nutrition and other matters through safe motherhood programmes. Enlightenment campaigns educated women on the dangers of HIV/AIDS. While the country lacked statistics, it was known that the disease prevailed among women.
To questions on article 13, economic and social life, she said the Government had set up special programmes like the Family Education Advancement Programme (FEAP) and People's Banks to assist women to obtain loans without having to scale all the hurdles of getting the consent of their husbands before loans were given to them. There was no special interest rate for women for access to credit. The Family Support Programme targeted all members of the family, though the primary beneficiaries were often women, since they occupied a central role in the family.
Turning then to questions on article 14, rural women's problems, she said that special measures had been put in place through the establishment of the People's Bank, to address the difficulties of women receiving credit. In addition, the FEAP provided credit facilities to women cooperatives without collateral.
The concept of female heads of household owning land was not applicable in all parts of the country, she said. In the past, women were not allowed to own land in some areas. With judicial intervention, however, women now had the right to own land. As a result of Government policies, women had access to health care, electricity, water, transportation and decent housing.
On article 15, equality before the law, it was not possible for a woman to leave the country without the consent of her spouse or a male relative, she said.
On article 16, the minimum age of marriage for both men and women was 18, she said. The forms of dissolution of marriage known as "Talaz" and "Zahir Talaz" was pronouncement three times of divorce. Such forms were religious provisions. When a woman married, she took her husband's name, as did the children. With respect to marriage of persons under the age of 18, some Nigerian states had edicts prohibiting withdrawal of girls from school for early marriage. Polygamy was an accepted way of life in some parts of the country.
She then described the Federal Ministry of Women Affairs, which was responsible for enhancing the lives of women and children, and implementing programmes on the disabled, and family life cohesion through income-generating
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skills, education and social functions. She outlined the organizational structure of the Ministry, which consisted of departments to address different target groups, such as children and the elderly, as well as research departments. The Ministry was also responsible for promoting responsible motherhood and maternal health. Further, it saw to the implementation of the Beijing Platform of Action, adopted at the Fourth World Conference on Women held in Beijing, China, in 1995.
Experts Comments
Though Nigeria had not registered any reservations to the Convention, it was clear that the Government was not complying with a number of provisions, an expert noted. For example, article 15 was not being complied with: women could not leave the country without male consent. Other examples abounded. Processes for the dissolution of marriage were not the same for women and men. Inheritance laws were unequal. While a judicial ruling had improved access to equal inheritance, the Government should show leadership in that area.
Another concern was the constitutional and legal framework within which the Convention must be implemented, she said. The Committee had received reports of violations of human rights. While the Constitution guaranteed equality of all citizens, there seemed to be no legislation enabling the ordinary person to seek redress for violations of those constitutional provisions.
Several experts noted with concern that judicial orders and directives had not always been implemented. Judicial powers must be respected, particularly the independence of the judiciary, and the implementation of its directives. Legislation should be put in place to ensure that the Constitution could be implemented and safeguards should be put in place to protect and maintain the independence of the judiciary. While the report said that women had done well in attaining positions of public life, information on the numbers of women in the judiciary had not been provided. She asked for those numbers, as well as the numbers of female principals of schools and women in decision-making positions.
Further increasing the availability of legal aid would be of great use to women, it was noted. Other measures should include increasing the number of women in the judiciary; reviewing criminal laws so that violence against women was criminalized; and ensuring education for police, judiciary and health professionals to better understand the situation of women in Nigeria. Overall, what was needed was the promotion of a climate of equality and the observation of human rights.
Regarding the offence of rape, an expert commended the fact that it had been deemed an offence, but said that overall, the Committee had received the impression that rape was not viewed as a serious offence. It seemed to be
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viewed as occurring in only sporadic incidents, due to the actions of deviant men. However, the rate was surely much higher than that reflected in the report. Rape was an act of violence and should be considered in most severe terms. She asked for information on the courts' approach to rape, including convictions and sentences. While in Nigeria, women were hesitant to report rape, because of the attendant stigma, some effort should be made to inquire into and provide more information on the depth of the problem. More efforts should also be made to ascertain the prevalence of domestic violence.
One expert said the statistics in Nigeria's report were incomplete, which made it difficult to see the clear picture. Statistics on the availability of water to rural women in all villages would be helpful to see since that was of concern to all African countries. More statistics were needed on women's income. Also, Nigeria was a wealthy country and the number of women eligible for credit should be increased to provide social security for later life. It was necessary to engage in dialogue with the Government and to demand quotas in order to reduce the gaps between men and women, whether in recruitment, employment or representation.
The weight of custom and tradition in Nigeria was of great concern, the expert said. Stereotypes were the most delicate area of social life to deal with. The awareness campaign had to be intensified, especially in rural areas. Perhaps the answer was to create codes for those practices since codifying customary laws and practices enabled the opening of a national debate on issues such as traditions, some of which were good and some bad. Honouring elders was a good tradition; traditions bad for health were not good ones and the difference had to be made clear.
The report had given a good picture of the woman's traditional role in Nigeria, the expert said. "But I was not convinced that you were convinced" about pursuing the efforts to change the cultural mind. Giving an example of a family planning programme dropped due to unpopularity with women, she said awareness-raising was a long-term haul that had to be undertaken. It was not just a matter of tradition, but one of development. For example, it was obvious that constant pregnancy was bad for a woman's health. If the woman died in childbirth, development stopped. That tradition had to be changed.
Another expert cited some of the steps that showed political will on the part of the Nigerian Government to improve the equality of women, but said the law against female genital mutilation was eagerly awaited. The lack of information and data on violence against women was disturbing. Just because women did not report such crimes did not mean they did not occur. Violence against women was a serious problem in many countries and proactive mechanisms had to be developed. That could not be done without statistics giving information about the magnitude and range of the problem.
Also, no information had been given regarding trafficking of women in Lagos, Nigeria, involving Philipinnas, Nigerians and Germans. What was being done by the Government? Governments had a duty to set up preventive programmes to educate both men and women about violence against women. That
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involved training of police and judges, along with a massive national programme, involving education at local and national levels.
The information on the Daughters of Abraham was disturbing, the expert said, since both polygamy and prostitution were derogatory of women's rights. Customary law should be challenged. The contribution of non-governmental organizations (NGOs) to the work of the Government was encouraging since NGOs were known to not always agree with governments.
Nigeria's socio-cultural climate provided a major obstacle to the implementation of the Convention, experts noted. Many traditional and customary practices violated the human rights of women and slowed the pace of their emancipation. Such customs were not appropriate in the twentieth century. Polygamy, the treatment of widows, male consent for leaving the country, the lack of mutual respect in the family -- those were some examples. Archaic religious interpretations must be countered by government action to ensure that discrimination against women did not take place.
Awareness campaigns addressing women and men alike should be a national priority, with media involvement, it was noted. When a law infringed on a fundamental right, the courts deemed it unconstitutional, the Committee had been told. Were there any examples of such laws being brought before the courts by women or women's NGOs? she asked.
On domestic violence, the Government had reported that women did not report cases for fear of reprisal, an expert noted. Such frankness was appreciated, but government policies were needed to protect women from reprisals. The report said that alternative forums were used to hear complaints of domestic violence. What were those forums, and how did they protect women from reprisal? Women needed both laws and action to implement them to protect against domestic violence. The judiciary and law enforcement officials must be sensitized, and the entire population enlightened on the unacceptability of gender-based violence.
The basic spirit of the Convention should be taken seriously, and clear political will must be shown, experts said. Work regarding widows should not be done solely by NGOs, rather, the entire Government should be involved. It was the experience of many societies that implementing proactive measures to change standards was easier during nation-building stages, an expert noted, and urged Nigeria to do more to institute basic laws and attitudes, so that its development would be in line with the Convention and ensure the human rights of Nigerian women, in addition to the country's overall development.
Information had been inadequate in describing the actual facts, it was noted. The Committee would have benefited from any available information on women's participation in the informal sector, or the types of work that women engaged in. It would have liked more information on infant and mortality rates.
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Women's Anti-Discrimination Committee - 16 - Press Release WOM/1065 395th Meeting (AM) 2 July 1998
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