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Nigeria - Combined fourth and fifth periodic reports of States parties [2003] UNCEDAWSPR 10; CEDAW/C/NGA/4-5 (28 April 2003)

Committee on the Elimination of

Discrimination against Women

Consideration of reports submitted by States parties under article 18 of the Convention on the Elimination of All Forms of Discrimination against Women

Combined fourth and fifth periodic reports of States parties

* For the initial report submitted by the Government of Nigeria, see CEDAW/C5/Add.49, considered by the Committee at its seventh session. For the combined second and third periodic reports submitted by the Government of Nigeria, see CEDAW/C/NGA/2-3, considered by the Committee at its nineteenth session.

The present document is being issued without formal editing.

Nigeria*

Contents

Acronyms

AD Alliance for Democracy

AIDS Acquired Immune Deficiency Syndrome

APP All Peoples Party

ARC African Regional Conference

BSS Behavioural Surveillance Survey

CCA Criminal Code Act (Southern Nigeria)

CEDAW Convention on the Elimination of All Forms of Discrimination against Women

CSOs Civil Society Organizations

CSWs Commercial Sex Workers

DG Director-General

ECA Economic Commission for Africa

FCC Federal Character Commission

FCT Federal Capital Territory

FEAP Family Economic Advancement Programme

FFLH Female Functional Literacy for Health

FGM Female Genital Mutilation

FGN Federal Government of Nigeria

FIDA Federation of International Women Lawyers

FMARD Federal Ministry of Agriculture and Rural Development

FME Federal Ministry of Education

FMELP Federal Ministry of Employment, Labour and Productivity

FMJ Federal Ministry of Justice

FMOH Federal Ministry of Health

FMI&NO Federal Ministry of Information and National Orientation

FMWAYD Federal Ministry of Women Affairs and Youth Development

FOS Federal Office of Statistics

HIV Human Immune Deficiency Virus

HM Honourable Minister

HTPs Harmful Traditional Practices

IEC Information, Education and Communication

IFAS International First Aid Society

ILO International Labour Organization

INEC Independent National Electoral Commission

IOM International Organization for Migration

LFN Laws of the Federation of Nigeria

LGAs Local Government Areas

LGCs Local Government Councils

LGPI Literacy Gender Parity Index

MICS Multiple Indicator Cluster Survey

MFA Ministry of Foreign Affairs

MMR Maternal Mortality Ratio

NACA National Action Committee on AIDS

NACWIP National Action Committee on Women in Politics

NAFDAC National Agency for Food, Drug Administration and Control

NAPEP National Poverty Eradication Programme

NASC National Agricultural Sample Census

NC North Central

NCCC National Consultative and Coordinating Committee

NCC Nigerian Communications Commission

NCWD National Centre for Women Development

NCWS National Council of Women Societies

NDHS Nigeria Demographic and Health Survey

NE North East

NEMA National Emergency Management Agency

NEPZA Nigeria Export Processing Zone Authority

NGOs Non–Governmental Organizations

NHIS National Health Insurance Scheme

NIIA Nigeria Institute of International Affairs

NIPSS National Institute for Policy and Strategic Studies

NJC National Judiciary Commission

NOA National Orientation Agency

NPC National Planning Commission

NTTE National Technical Team of Experts

NW North West

ODA Official Development Assistance

OTI Office of Transition Initiative

PS Permanent Secretary

PAP Poverty Alleviation Project

PCA Penal Code Act (Northern Nigeria)

PDP Peoples Democratic Party

PHC Primary Health Care

SAA Situational Assessment and Analysis

SE South East

SS South-South

STDs Sexually Transmitted Diseases

STIs Sexually Transmitted Infections

SW South West

UBE Universal Basic Education

UN United Nations

UNDP United Nations Development Programme

UNDS United Nations Development System

UNESCO United Nations Educational, Scientific and Cultural Organization

UNICEF United Nations Children’s Fund

UNIFEM United Nations Fund for Women

USAID United States Agency for International Development

VVF Vesico Vaginal Fistula

WHO World Health Organization

List of tables

Page

Table 7.1 Some appointments made by the civilian government at federal level as at November 1999 23

Table 7.2 Some appointments made by the civilian governments at state level as at November 1999 24

Table 7.3 Nassarawa State civil service staff strength by population and sex ratio 25

Table 7.4 Nassarawa local government staff (unified by population and sex ratio) 26

Table 7.5 Analysis of gender distribution of 1999 elective positions 28

Table 7.6 Appointments in the federal boards and parastatals 28

Table 8.1 Women in foreign service 33

Table 8.2 Women in international organizations 33

Table 10.1 Total primary, junior and senior secondary education enrolment 36

Table 10.2 Enrolment in federal and state technical colleges 1993/1994-1997/1998 36

Table 10.3 Gross enrolment ratio in primary, junior and senior secondary education 1992-1996 37

Table 10.4 Primary school gross enrolment ratio by gender, zones and urban/rural areas 1995/1999 37

Table 10.5 Adult literacy rate 1999, per cent of population age 15 and above (MICS) 38

Table 10.6 Percentage of female teachers in primary schools, 1984-1997 39

Table 12.1 Maternal mortality ratio (MMR) in selected areas of Nigeria 43

Table 12.2 Infant and under-5 mortality rates per 1,000 live births 44

Table 12.3 Rate of prevalence of contraception by method 46

Table 14.1 Sources of water supply in small towns, 1997 51

Table 14.2 Sources of water supply in urban Lagos, 1997 51

Table 14.3 Sources of water, sanitation, facilities and number of persons per room, 1990 and 1999 51

Table 14.4 Percentage of women as agricultural landholders 52

List of figures

Figure 10.1 Adult literacy rate, 1991 and 1999 38

Figure 12.1 Primary causes of maternal death 44

Figure 12.2 Available family planning services 46

Figure 12.3 National HIV/AIDS prevalence rate 47

PREFACE

The processes that culminated in the dismantling of long military rule and the ensuing return to democratic civilian government took its toll on the administrative and social life of the nation. The decline in our economic growth and the attendant fall in the value of the National currency — the Naira — against other international currencies coupled with the pressures of globalization and competing demands for scarce resources had negatively impacted government spending. Thus, the political will and commitment of government could not be matched with budgetary provisions in the light of changing priorities and furthermore, the reduction in Overseas Development Assistance (ODA) to the country during the Military era.

However, with the re-instatement of democratic governance and the renewed vigour and commitment of the government and people of Nigeria particularly to the advancement of women, significant progress has been recorded in the implementation of CEDAW. This combined 4^th and 5^th Periodic Report (1994-2002) highlights the increasing opportunities for the attainment of equality and enjoyment of women’s human rights. Indicators on maternal health, labour relations, education, political participation, employment and legal reforms depict an emerging terrain that is supportive of the elimination of obstacles and barriers that discriminate against women. The singular feat of signing the National Policy on Women after the protracted failures by previous administrations is a commendable milestone in the struggle for women’s equality. The availability of this unique document that provides a framework for all stakeholders and actors alongside the Constitution, other laws, and enactments is indicative of the prevalence of an enabling environment for women’s full participation in development devoid of discrimination.

It is my fervent hope that the international community, UN Member-States especially the Committee on the Elimination of All Forms of Discrimination Against Women will acknowledge the positive changes recorded in this report and support efforts to sustain this momentum in the overall interest of the Nigerian woman.

Aishatu M. S. Ismail

HONOURABLE MINISTER.

Abuja, Nigeria

July 2002

SECTION A

INTRODUCTION

1.0 Background

The Federal Republic of Nigeria, as a signatory to the United Nations Convention on the Elimination of All Forms of Discrimination against Women (CEDAW), is under obligation to submit periodic reports on progress recorded in the implementation of the Convention in the country, as stipulated in Article 18 of the Convention.

The current report builds on the 2^nd and 3^rd Country Report covering the period 1986-94 which was submitted to the 396^th and 397^th Meeting of the UN Committee on the Elimination of All Forms of Discrimination against Women held on the 2^nd of July 1998. This report is a compendium of the status and situation of Nigerian women as they relate to the articles of the convention over the period 1994-2002. The report is divided into three parts, Section A: Introduction; Section B: Progress on the Implementation of CEDAW and Section C: Conclusion.

The compilation of the report takes into consideration, gaps in the preparation and the concluding comments of the Committee on the previous country report as well as the claims of Civil–Society groups on their exclusion in the previous preparatory processes.

1.1 Comments and Observations on Nigeria’s 2^nd and 3^rd Periodic Report

The Committee positively noted with satisfaction the progress made by Nigeria in the Government’s establishment of the Ministry of Women Affairs, the advancement of women, increase in school attendance rates for girls and literacy rates for women, as well as the increase in the number of women in decision-making positions.

The Committee further commended the Nigerian Government for giving rural women access to drinking water, electricity and shelter as well as qualitative improvements in their living conditions.

Commenting on the 2^nd and 3^rd report, negative images and obstacles to the implementation of CEDAW were outlined as follows:

• Predominance of cultural stereotypes prejudicial to women including but not limited to polygyny, inhuman rites undergone by widows and other harmful traditional practices.

• Lack of legal/constitutional framework to strengthen implementation of the Convention.

• Lack of adoption of adequate measures necessary for full respect of the commitments and obligations under the Convention.

• Lack of statistical data in the areas of domestic violence, prostitution, women and children’s health.

• Lack of homes or shelters for women who are victims of violence and lack of information on marital rape.

• Low attendance rates by girls at secondary institutions, insufficient details on free primary education and increase of literacy amongst women.

• Lack of curriculum for teaching women and children their rights, particularly in secondary institutions.

• Lack of adequate figures and information on AIDS and sexually transmitted diseases and an out-cry against the practice of polygyny and prostitution since they pose serious risk factors in the spread of HIV/AIDS and STDs. The committee expects the Nigerian government to set up structures to educate and care for victims.

• The alarming rate of maternal and infant mortality, lack of due access to medical facilities and fact sheets showed that family planning programmes do not cover education for young people, men and women.

• The fact that rural women have little access to education and credit facilities, and mostly suffer from harmful traditional practices and lack of sufficient socio-economic programmes to reduce discrimination suffered by rural women.

The committee further recommended to the Nigerian delegates particularly that the judicial system should promote participation by women in the administration of justice and that the Government should also:-

• Establish a division with the responsibility of conducting statistical surveys in all areas of importance as stated by the Convention.

• Be more responsive to issues of violence against women and seek protection for such women, notwithstanding resolution of such conflicts by the family in some instances.

• Create awareness through advocacy campaigns to empower young people, men and women about their rights as enshrined in the Convention.

• Strengthen socio-economic programmes to reduce discrimination.

This periodic report highlights the progress made so far in view of the areas noted by the Committee.

2.0 Preparatory Processes for the Writing of the Current Periodic Report

The importance of statistical data, information, consultation and popular participation for evaluating and monitoring the progress or otherwise recorded in the implementation of the Convention cannot be over-emphasized. Consequently government adopted an elaborate work plan for the report writing. The aim was to put in place a credible mechanism and generate a wide range of inputs for the report. This was in addition to ensuring that transparency and accountability were the barometers for rating achievements so far vis a vis universal and locally specific obstacles to the full enjoyment of rights enshrined in CEDAW.

2.1 Consultative Meetings

In order to evolve a national strategy for the submission of the current report, an initial consultative meeting was convened on the 25^th-26^th April 2001 in Jos, Nigeria. In attendance was a cross section of representatives from the Civil Society, Academia, Donor Agencies and Government officials from relevant Sectoral Ministries and Agencies. The meeting adopted a country strategy and work plan in addition to highlighting the roles and responsibilities of the different agencies. Subsequently, the work plan was updated by the Federal Ministry of Women Affairs to accommodate observed gaps and technical capacity needs of the stakeholders.

The Ministry also further set up a 13-member technical committee for the report writing.

2.2 Training Workshops

In response to the identified needs, specialized training workshops were organized to assist stakeholders understand the CEDAW indicators and guidelines for the writing of the Country Report, namely:

• ECA training for Zonal Gender Desk Officers on Monitoring and Evaluation of the Implementation of the Beijing Platform for Action in September 2001

• Training workshop for the members of the National Consultative and Coordinating Committee (NCCC) and the National Technical Team of Experts (NTTE) on CEDAW Report Writing in September 2001

• The training workshop for CEDAW Technical Secretariat Officers, Consultants and NGOs on CEDAW Report Writing in February 2002.

2.3 Public Participation

In addition to the above developments, the Federal Ministry of Women Affairs and Youth Development placed newspaper advertisements, in three (3) National newspapers calling for inputs from the general public. (Appendix I)

An electronic mail box “ng cedaw @ yahoo.com” was also opened at the British Council Resource Centre to facilitate participation of all and sundry in the preparatory process. Responses to the advertisements and call for electronic inputs, though low, were a departure from previous absence of opportunities for an all-inclusive general public input.

2.4 Data Collection

The data collection process for the preparation of the 4^th and 5^th periodic country report on CEDAW was conceptualized and undertaken through the following phases: Preparation and formulation of questionnaires; Training for data collection; Itinerary for field work, data collection, collation, analysis and harmonization.

2.4.1 Preparation and Formulation of Questionnaires

A team of experts from various stakeholders at Federal and State levels was put together under the leadership of the Federal Ministry of Women Affairs and Youth Development to prepare and formulate questionnaires for the preparation of Nigeria’s CEDAW Report. The team utilized the list of CEDAW indicators as working material to guide data sourcing. 140 indicators captured the 16 CEDAW articles. The team worked assiduously for three days and came up with two types of instruments. Questionnaire 1 titled “Situation Report on CEDAW in Nigeria 2002” was a ten-page qualitative instrument for sourcing primary and secondary data applicable to 37 items of inquiry. Data from this instrument were geared towards generating information on the situation and status of CEDAW implementation in Nigeria.

Questionnaire 2 titled “Data Collection/Collation for CEDAW Reporting” on the other hand, was a four-page quantitative instrument for sourcing secondary data from established institutions, agencies and organizations on women’s representation and visibility in different sectors. A three-page manual of instructions was also prepared to guide interviewers on data collection and collation procedures in the field.

2.4.2 Training for Data Collection

Trainees were selected from the six geopolitical zones of the country to reflect adequate representation and coverage. There were six Consultants, six National Researchers, twelve Zonal Researchers and one Data Analyst who were drawn from the zones and who spoke the local languages for effective communication.

Two levels of training were undertaken before the field exercise. One involved the team of experts who formulated the questionnaires while the second included all members of the research team. A simple methodology was adopted for familiarizing the trainees with the two sets of questionnaires. Resource persons were drawn from among the consultants and UNICEF.

2.4.3 Data Collection and Supervision

In order to verify and validate States’ submissions of reports in response to earlier requests by the Federal Ministry of Women Affairs and Youth Development, the data collection and supervision exercise was planned to span a period of two weeks in each of the zones. The interviewers consisting of the consultants and researchers ensured proper completion of the questionnaires and gave necessary guidance to respondents in the Ministries and Agencies covered. Provision was made for recording the genders and ranks of respondents for effective analytical purposes.

The State Ministries of Women Affairs and Youth Development as key stakeholders, served as the focal point in each state for the data collection exercise to ensure effective coverage and cooperation.

2.4.4 Data Retrieval/Harmonization Workshop

The retrieval of data generated from the 36 States and FCT; Abuja of the Federation was the responsibility of the consultant in each zone. The collation of zonal data and harmonization of findings into a draft national report was undertaken by the consultants, national researchers, data analyst and officials of relevant Sectoral Agencies at a four–day Harmonization Workshop held in Jos, Plateau State.

2.5 Stakeholders Review/Finalization Workshop

The draft Country Report was subjected to open analysis and review at a National Stakeholders Review Workshop organized in the first week of July 2002. The finalization workshop was preceded by a peer review of the draft report by the Consultants, National Researchers and the Academia. The stakeholders review and finalization of the country report attracted the participation of State Ministries of Women Affairs and Youth Development, Gender Desk Officers of Sectoral Ministries and Agencies, the Academia, a cross-section of NGOs, the Media and representatives of United Nations Agencies.

3.0 Collaboration with the United Nations Development System (UNDS)

There is need to acknowledge the commitment and support of the United Nations Development System in Nigeria towards the attainment of the goals of Government, strategies and component activities employed for the writing of the periodic report.

Particular recognition must be given to the unwavering collaboration received from UNIFEM and UNICEF towards ensuring that the Periodic Report was successfully completed and submitted on schedule using the desired methodology. The efforts of these two UN organs and other agencies such as UNFPA, ILO, WHO, UNDP as well as USAID/OTI and International Development Agencies are also acknowledged.

Consequently numerous advocacy media campaigns, education, research studies, sensitization programmes, production of IEC materials, training, seminars and mobilization of women for participation in governance have been undertaken as collaborative ventures between the donors, national, state and local groups.

The Situation Assessment Analysis (SAA 2001) Report jointly produced by the National Planning Commission, and UNICEF Nigeria provided updated indicators and status reports on cultural practices, policies and programmes in the country.

4.0 Demographic Situation of Nigeria

Nigeria, with a projected population of 124m people is a multi-ethnic and multi-cultural society. The vast diversity of the land and people is reflected in its landmass of 923,678 square kilometres and the existence of over 350 ethnic groups with distinct languages. Although women constitute 49.6 percent of this population, land ownership is largely governed by patriarchal practices guided by culturally specific norms.

The Federal system of Nigeria operates three tiers of government:: Federal, State and Local Governments.. The Constitution recognizes six geo-political zones, namely: North Central (Middle Belt), North East, North West, South East, South-South and South West. The States comprising these zones are shown in the table and map presented below:

NIGERIA’S GEOPOLITICAL ZONES

5.0 Map of Nigeria

SECTION B

PROGRESS REPORT ON IMPLEMENTATION OF THE

CONVENTION ON THE ELIMINATION OF ALL FORMS

OF DISCRIMINATION AGAINST WOMEN (CEDAW)

1.0 ARTICLE 1: DEFINITION OF DISCRIMINATION AGAINST WOMEN

1.1 Nigeria is a signatory to CEDAW, which was signed in 1985 and equally ratified the Convention in 1989 and the optional protocol in 1999; therefore its implementation should serve as an expression of its assent to the definition of discrimination and provide a check on discriminatory practices against women.

1.2 Prima Facie, Section 42 of the Nigerian Constitution of 1999 guarantees freedom from discrimination. However, there are corresponding customary tenets practised in many states of the Federation, which specifies the gender roles in the customary system.

1.3 By the constitutional obligations consistent with sections 13-15, 16(1) (b), 17-18 and 42 of the 1999 Nigerian Constitution, the three arms of government, i.e. the Executive, Legislature and the Judiciary are competent organs for the promotion and protection of women against all forms of discriminatory practices, policies and laws in Nigeria.

Very recently, the court of Appeal amply demonstrated its competence and effectiveness by declaring three customs in Enugu and Anambra States as discriminatory against women and violative of women’s rights and human dignity in the following cases:

Theresa Onwo v. Nwafor Oko and 12 others (1996) 6 NWLR (Pt. 456) at 584;

Augustine Mojekwu v. Caroline Mojekwu (1997) 7 NWLR (Pt. 512) P. 238;

Mojekwu v. Ejikeme (2000) 5 NWLR (Pt. 657) P. 402; and

Alajemba Uke and Anor v. Albert Iro (2001) 11 NWLR (Pt. 723) at P. 203

1.4 As a result of urbanization, education, public enlightenment and national awareness, the patriarchal nature of Nigeria and other negative cultural practices militating against women, are fast eroding. Women have seriously advocated for Affirmative Action and as such, the participation of women in decision-making bodies have been on the increase. Women are now elected and appointed as Councillors, Local Government Chairpersons, Members of National and State Legislative Houses of Assembly, Management Staff, Directors, Permanent Secretaries, Commissioners, Vice Chancellors, Judges, Special Advisers, Ambassadors and Honourable Ministers. The percentages of women elected or appointed at the different levels are indicated in Tables 7 and 8.

2.0 ARTICLE 2: OBLIGATION TO ELIMINATE DISCRIMINATION

2.1 Preamble

Progress has indeed been made since 1998 in the promotion of women and elimination of discrimination. The Federal Government and other arms of government including the States have expressed their readiness to work at equality of men and women in fulfilment of the Constitutional provisions. In the area of political appointments at the Federal level, there are 13.6 percent female Ministers, and 27 percent female Permanent Secretaries. Furthermore, women head a number of National Institutions and Agencies, namely; NCWD, NAFDAC, NEPZA, NIIA, NEMA, NACA, NPI, Comptroller General of the Nigeria Immigration and NATCOM-UNESCO, etc.

More women have also been elected into positions even though the improvement ought to be better. There are now three (2.8 percent) female Senators out of 109, and 12 (3.3 percent) female members of the House of Representatives out of a total of 360.

A significant outcome of the present democratic climate in the country is the emergence of a female presidential aspirant for the 2003 national elections. A major democratic gain is in the area of judicial appointments. Most of the 36 States and Federal Capital Territory (FCT) judiciaries now have women as High Court Judges, accounting for about 30 percent of the total number of Judges in the country. Lagos State apart from having a female head of the judiciary set a record with thirty-four (34) female judges out of a total number of fifty-two showing 65 percent representation. Similarly since the Beijing conference, three (3) more women have been appointed to the Court of Appeal but there is as yet no woman in the Supreme Court. The Chief Judge of the Federal High Court of Nigeria is a woman. At the lowest level of the judicial system, which is the customary courts, the Southern States, have witnessed women being appointed presidents and members, which seemed impossible several years ago especially in the Igbo-speaking States.

2.2 Obstacles

In Nigeria, there are various socio-cultural, economic, political, legal and religious impediments to the promotion and protection of women’s rights.

In the Northern part of the country, while some provisions of the State Sharia Criminal Laws have not checked discrimination against women, there are other provisions in the same laws, which protect women’s rights against discrimination; for example, Section 239 of the Zamfara State Sharia Penal Code Law 2000 prohibits and punishes for trafficking in women. In the case of Safiya Hussein of Sokoto State, the problem lied with the trial Sharia Court Judge who misapplied the substantive Penal Law and failed to observe all the procedural guarantees available to accused persons like Safiya under the Sokoto State Sharia Criminal Procedure Code Law of 2000; hence under section 187(2) of the same Code, the Sokoto State Sharia Court of Appeal allowed Safiya’s appeal and quashed her conviction on the ground of miscarriage of justice contrary to the intent and purposes of the Sharia Criminal justice system reflected in the Code.

In the Southern part of Nigeria, there are numerous customary laws and practices such as widowhood rites, women inheritance and succession to property, which impede the promotion and protection of women’s rights.

Other discriminatory laws and policies in Nigeria are found in the provisions of the Nigeria Police Regulation 124 and 127, and Nigeria tax laws and policies. Taxation of women in the public sector is still based on the preposterous premise that married women have no family responsibilities and are maintained by men, hence where both worked the men have the tax relief for children and dependants while women do not. The Police regulation that places restriction on married policewomen officers while in service is discriminatory. For example, women officers cannot marry without the prospective husband undergoing screening. This however, is not applicable to the male officers.

Furthermore, some provisions of the 1999 Nigeria Constitution are discriminatory against women, especially in the areas of language (Section131), on citizenship (Section 29), and in the construction of section 42 that prohibits discrimination on the ground of sex, this is because the section preserves equal status for men and women only in relation to law but does not extend the protection to practice neither does the provision protect women from private actors.

2.3 Measures to eliminate discrimination

Most States of the country in their efforts to protect women and the girl child have enacted laws to eliminate discrimination. Among these are laws related to:

• Widowhood practices and Female Genital Mutilation (FGM) also known as female circumcision. The prohibition of Infringement of a Widow’s and Widower’s Fundamental Human Rights law, No. 3 of 2001, Enugu State; and the Edo State Law banning of FGM, October 2000 (the punishment is one thousand Naira fine and six months imprisonment)

• Prohibition of early marriage (Kebbi and Niger States)

• Retention in schools and against withdrawal of girls from schools (Kano, Borno Gombe and Bauchi States)

• Trafficking in women and children (Edo State Criminal Code (Amendment) Law, 2000). Further, Section 239 of Zamfara State Sharia Penal Code Law 2000 punishes trafficking in women by a two-year term of imprisonment and fifty lashes.

There are provisions for legal aid to assist women, particularly the poor in the fight against discrimination. For instance, the celebrated case of Safiya Hussein who was sentenced to death by stoning for adultery and was as a result of legal aid and assistance received from the Federal and State Ministry of Women Affairs, and the Civil Society that enabled her appeal against the trial judgement to the Sokoto State Sharia of Appeal which overturned the lower court’s judgement.

The National Policy adopted in July 2000 is another expression of the government’s commitment to the integration of women fully into national development in order to remove those inequalities that have evolved in our society over time through structures and processes created by patriarchy, colonialism and capitalism.

The policy is expected to consolidate largely salient revolutionary changes already stimulated by past and current Women Development Programmes and to pilot the Nigeria society towards social equity, justice and a much-improved quality of life. The laudable objectives and implementation strategies contained in the policy should inform social and legislative changes in Nigeria.

The Federal Government in its efforts to promote women advancement established the National Consultative and Coordinating Committee (NCCC) as contained in the African Regional Conference (ARC) for monitoring and evaluation of the implementation of the Beijing Platform for Action and the African Plan of Action.

To further increase women’s participation in politics and eliminate discrimination in this sphere of life, the Federal Ministry of Women Affairs and Youth Development (FMWAYD) established the National Action Committee on Women in Politics (NACWIP). The committee is working to develop strategies for effective mobilization and participation of women to register, vote and be voted for in the next electoral process. The Committee’s activities also aim at eliminating discrimination against women in politics. The Bills for the domestic application of CEDAW and CRC are before the National Assembly.

A National Women’s Rally was held to mark the 2002 International Women’s Day and the forum was used to further sensitize Nigerian women on the need to participate in politics. It was also used to launch “Women’s Money for Women’s Election” so as to raise funds for assisting female political aspirants in the 2003 elections. The rally had in attendance over 8,000 women. It was a very successful outing and effective for reaching the grassroots women from the 774 Local Government Areas in the country. President Olusegun Obasanjo attended the rally in the company of his wife and other key government functionaries and politicians.

The State governments and NGOs have organized seminars, workshops and other activities for promoting the rights of women and eliminating discrimination. Measures are being put in place to modify/abolish existing laws adversely affecting the implementation of CEDAW, including the repeal of all national penal provisions, which constitute discrimination.

2.4 Measures to redress discrimination

The enthronement of democratic rule in Nigeria after a long period of military rule has been characterized by greater commitment to work on the implementation of the provisions of CEDAW. This is discernible from the fact that in addition to the 1999 Nigerian Constitution there is a spate of legislations enacted in the State Houses of Assembly within the past two years all targeted at eliminating discrimination against women. It is expected that before the expiration of the term of the current administration in 2003, many of the Bills pending before the Federal and State Houses of Assembly would have become laws.

• At the Federal level, the adoption of the National Policy on Women in July 2000 has the objective of ensuring that the principles and provisions as contained in the Nigerian Constitution are effectively enforced.

• Translation of CEDAW provisions into the three major Nigerian languages and circulation to the grass roots. Copies of CEDAW handbooks were also circulated.

• Provision of Information, Education and Communication (IEC) materials for creating awareness and educating the general public on the fundamental rights of women and the need to eliminate discrimination against them.

• NGOs have also supported the Federal and State Governments in the creation of awareness and sensitization of the general public on discrimination against women. Other areas are in the support of empowerment and enlightenment programmes addressed to women, institutions, students and the general public. Some of these programmes have also targeted such relevant professional groups as lawyers, judges and legislators at all levels. At least more than 70 percent of State Houses of Assembly in Nigeria currently have women empowerment Bills before them.

The pioneering role of a Supreme Court Judge in the case of Mojekwu Vs Ejikeme (2000, 5NWLR part 657 page 402) in recognizing and citing CEDAW as a standard to be followed is being encouraged for sustenance. It is expected that more courts in their own “interpretation” should learn to invoke the spirit of CEDAW as is already being done in some parts of the country; that is, using the repugnancy doctrine where necessary.

• The Federal Ministry of Justice is currently reviewing and taking steps to repeal penal code provisions and other related laws that discriminate against women. The FMWAYD after due consultation with other stakeholders submitted interventions in the following areas:

+ Wife chastisement;

+ Wife inheritance;

+ Wife and succession to property etc.

• The FMWAYD has a Legal Aid Centre and is providing support to all States Ministry of Women Affairs and Youth Development to replicate same. . The National Centre for Women Development, a Parastatal under the FMWAYD has a Women Crisis Centre that is concerned with providing legal counselling among other counselling services. Also the Legal Aid Council, a Federal Government Organ present in all States of the Federation has Women legal Aid Unit, which, specifically caters for poor women in need of legal aid in criminal cases.

• Several NGOs in the country have been engaged in legal representation of poor women who have had their human rights violated but cannot pay for legal services. Individual lawyers also take cases “probono” for poor women.

3.0 ARTICLE 3: MEASURES FOR ENSURING THE FULL ADVANCEMENT OF WOMEN

3.1 Legal and other Measures:

As earlier stated, the 1999 Constitution of the Federal Republic of Nigeria stipulates that Nigerian women are entitled to all the fundamental rights guaranteed there-in and can challenge in court, any attempt by any person to interfere with the exercise of any of these rights.

3.2 Actual Progress made to Promote and Ensure the Elimination of Discrimination Against Women

The Federal Ministry of Women Affairs and Youth Development established at both Federal and State levels by Government as reported in the previous Country report is charged with the responsibility of pursuing policies and programmes aimed at according women their full rights to participate in the economic, social and political affairs of the nation.

In addition to the Ministry, other bodies set up towards the advancement of women include the:

• National Action Committee on Women in Politics (NACWIP) charged with the responsibility of mainstreaming women into active in political participation through advocacy, mobilization and fund raising activities.

• National Consultative and Coordinating Committee (NCCC) made up of gender experts and NGOs, which has been set up at the national level to monitor CEDAW implementation.

• National Technical Team of Experts (NTTE) comprising gender desk officers from sectoral ministries and agencies which was set up to monitor the implementation of the Beijing Platform for Action and ensure gender main-streaming in all sectors.

• National Human Rights Commissions (NHRC) with a Special Rapporteur on women and child rights attesting to promotion and protection of women’s rights.

• Legal Aid Council, which provides free legal counsel to women.

3.3 Other giant strides include activities of coalition of Non-Governmental Organizations (NGOs) and Community Based Organizations (CBOs) in the

• Setting up of Family Law Centers in some states to assist aggrieved women in the pursuit of their rights in the law courts;

• Combating trafficking in women and children;

• Educating, sensitizing and promoting women development issues;

• Implementation of programmes for the protection of women’s rights.

Their activities have in no small measure contributed to the implementation of CEDAW. (See Appendix II, NGOs list).

3.4 Measures Addressing the Girl-Child

There is an increased awareness of the needs of the girl-child who is often caught in a societal cultural web. They suffer wide-ranged and deep-rooted discriminatory practices as their access to education is restricted by socio-cultural barriers. The Nigerian government in its commitment to this critical area of concern is pursuing several activities viz:

• The Federal Ministry of Women Affairs and Youth Development has submitted the Child Rights Bill at the National level while the States are working on similar Bills at their level;

• The National Summit on Children held in November 2000 served as a forum for analysing and reviewing programmes evolved for the development of the Nigerian child;

• The Revised National Policy on Education (1998) encourages girls to embrace technical education;

• The Universal Basic Education (UBE) programme, though not restricted to girls, provides for compulsory education for all children from primary to junior secondary school level. It has special emphasis on dismantling cultural and other militating factors to girls’ education plus incentives for girls’ education;

• Establishment of Drop-in Centres in all parts of the country;

• States’ laws and edicts on development of the girl child;

• States’ laws against girls’ withdrawal from school for marriage;

• Establishment of States Task Forces for development and promotion of the welfare of the girl-child;

• Establishment of Unity Schools for girls in each State of the Federation.

Vibrant NGOs have also sprung up to address the needs of the girl-child particularly the handicapped and vulnerable children.

3.5 Obstacles to the participation of women on equal basis.

Women in Nigeria still face barriers that hinder their full participation in various aspects of social life. This is due to entrenched cultural beliefs and attitudes, which put girls at a disadvantage in education and hinders women’s enjoyment of their rights to employment and participation in political and public life.

3.6 Participation in Politics

In the area of politics, the level of women’s representation is still low. For example, female representation in the National Assembly was about 3.4 percent after the 1999 elections. Nonetheless, there have been marginal increases in the number of women elected to the Federal House of Representatives from 4 in 1979 to 12 in 1999. Nigeria has only three female Senators as opposed to 106 male Senators. Out of 49 Ministers in 1979 only three were women representing six percent of the cabinet. The figure rose to six out of 44 in 1999-2000 an equivalent of 13.6 percent, thus witnessing a 7.6 percent increase in representation in the Federal Cabinet. Some States have over 35% female cabinet members, while some have Attorney Generals and Secretaries to State Governments (SSGs). The low level of women’s participation in the three tiers of Government (Federal, State and Local) represented in tables 7.1 to 7.7 depicts the resilience of patriarchal attitudes.

4.0 ARTICLE 4: SPECIAL MEASURES TO ACCELERATE EQUALITY BETWEEN MEN AND WOMEN

4.1 Economic Empowerment

Although Nigeria has not yet domesticated CEDAW, government has made deliberate efforts to fulfil its obligation under the Convention. Thus during the reporting period, a number of measures were taken notably, positioning of women activities in the National Economic Policy, the pursuit of the National Poverty Eradication Programme (NAPEP) and most recently the Poverty Reduction Strategies Programme which aim at eradicating poverty and has resolved to uphold affirmative action in its operations and selection of beneficiaries by earmarking 30 percent allocation for women. However, efforts are being made to engender the national budget and to generate and analyse data on women’s activities in informal sector, which are currently not accounted for in the GDP.

4.2 Women’s Political Participation

Since the inception of democratic governance in Nigeria, deliberate attempts have been made to increase women’s participation in both political and public life. Thus, a specialized measure tagged “Agenda 2003” geared towards raising funds and mobilization of women to contest in the 2003 elections at all levels, has been put in place by a coalition of women NGOs. As an initial step to launch this initiative and ensure the success of the strategy, a “National Women’s Rally” was held on the 8^th of April 2002 to present the Nigerian women’s political agenda to the government, the general public, as well as sensitize and mobilize women for political participation.

In the same vein, a number of the registered political parties have also made positive concessions to encourage women’s participation in politics. The ruling Peoples Democratic Party (PDP) has introduced a waiver of the mandatory registration/nomination fees for women aspiring to any elective post on the party’s platform. The All Peoples Party (APP) has also declared that in the event of a tie between a male and a female contestant from the party during the primary elections, the male candidate would step down for the female. Negotiations are on for establishment of women constituencies in the political system.

4.3 The National Policy on Women

Furthermore, the National Policy on Women adopted in July 2000 provides for affirmative action to increase to 30 percent the total women representation in the legislative and executive arms of Government as well as the political party hierarchies. The policy is a significant way to redirecting public policies to promote gender equality and enhance complementary role women and men should play in development. The overall goals and objectives of the policy include ensuring the elimination of all forms of discrimination against women; ensuring that the principles and provisions as contained in the Nigerian Constitution are effectively enforced; and mainstreaming gender perspectives in all policies and programmes based on a systematic gender analysis at all levels of Government. The increase in the number of women appointed to decision-making levels presented in Tables 7.1 and 7.2 attest to the firm resolve of the present administration to achieve the set goals.

4.4 Protection of Maternal Health

The Government has taken some measures on adolescent health by approving the National Curriculum on Sexuality Education. Further measures can be found in the National Policies on Reproductive Health, on Nutrition and on HIV/AIDS. There are also a number of policies in the health sector that are relevant to reproductive health. Foremost among these is the National Health Policy and Strategy (1988, 1998), which emphasizes Primary Health Care as the key to the development of the Health Care Delivery System in Nigeria. The National Policy has a number of provisions, which if strictly implemented could have led to improved access to basic health services including reproductive services for all population groups. However, the current level of access does not reflect strict adherence to this policy.

The Federal Government formulated the National Food and Nutrition Policy in Nigeria to deal with major nutritional problems with a view to reducing under nutrition, especially among children, women and the aged, and in particular severe and moderate malnutrition among under-fives by 30% by the year 2010; reduce micronutrient deficiencies, particularly Iodine Deficiency Disorders (IDD), Vitamin A Deficiency (VAD) and Iron Deficiency Anaemia (IDA) by 50% 0f the current levels by the year 2010.

HIV/AIDS Mother to Child Transmission: Although there has not yet been a comprehensive national study on mother to child transmission (MTCT) in Nigeria, the relative risk of each form of MTCT (in Utero at delivery and through breast feeding) is yet to be determined, but efforts are on-going to put in place a strategy for the prevention of MTCT.

Other special measures that have been taken to promote gender equality include the establishment, albeit in limited numbers, of day-care centres and crèches within office premises and hospitals in 8.1 percent of the States of the Federation and the FCT. This is to help women cope with their family and official responsibilities unhindered. Over 90% of the States in the Federation have expanded their Primary Health-Care services for the benefit of women and girls. Vesico Vaginal Fistula (VVF) Centres have been established in six high prevalent States: Zamfara, Kano, Katsina, Kebbi, Sokoto, and Akwa-Ibom to provide free treatment for the patients.

4.5 Constraints and Challenges

In spite of progress made, there are still deep-rooted cultural attitudes regarding gender roles, which have been a limiting factor in achieving the desired goals. The concept of special measure advocated in Article 4 to ensure women’s advancement is non -discriminatory as it is expected to help redress gaps and imbalance between men and women.

4.6 Various laws statutory, customary and religious laws in force in Nigeria address different areas in reproductive health. However, many of these laws do not reflect the reproductive health concept and so are inadequate to meet the needs of actualizing reproductive rights as contemporarily understood.

5.0 ARTICLE 5: GENDER ROLES AND STEREOTYPES

5.1 Practices Promoting Advancement of Women

Women’s advancement had been curtailed by certain cultural, traditional and religious practices that were based on stereotyped roles for men and women, which placed women at disadvantaged position.

5.2 Modern education and a greater understanding of the positive productive and reproductive roles, which women play in development, have led to the gradual elimination of such beliefs. There now exist social, cultural and religious practices that promote the advancement of women. For instance women are now being conferred with chieftaincy titles in their communities; some churches also ordain women as preachers and prophets while taboos prohibiting women from eating certain foods are no longer observed.

5.3 Steps taken to combat Harmful Traditional Practices (HTPs)

The Federal Ministry of Women Affairs and Youth Development conducted a National Survey on Harmful Traditional Practices in 1999, in conjunction with the UNDS (United Nations Development System). The results of the survey have provided data for National and State advocacy for legislation to review such practices. Consequently, Government, both at the National and State levels have taken steps, including legislations in 33 percent States of the Federation to combat harmful practices against women, which include Female Genital Mutilation (FGM), Early Marriages, Shared Maternity Roles and widowhood practices. At the Federal Level, the House of Representatives has successfully passed the Bill on FGM. These steps, coupled with enlightenment and advocacy programmes, have resulted in reasonable decline of these harmful practices against women.

5.4 Urbanization

Modernization/Urbanization has helped to reduce to an extent, cultural and traditional practices that are discriminatory to women by sensitizing them to their rights. Urbanization also provides job opportunities to a reasonable percentage of women, especially in the informal sector thus enhancing their economic empowerment and independence.

5.5 Provision of Safe Houses

In order to curb domestic violence against women and children, a number of NGOs have been in the forefront of creating awareness while some have established safe houses for victims of such violence. This service and type of information, however, is limited to few urban centres located in Ekiti, Lagos and Ogun States as well as Abuja. Nevertheless some of these safe houses have remained undisclosed for reasons of security and avoidance of re-victimization.

5.6 Constraints

The progress made in the implementation of this article is however, limited to the urban centres. Prejudices and customary practices that deny women the full enjoyment of their rights still exist in rural areas due mainly to deep–rooted ignorance and the preference for the preservation of mundane customs. The recent introduction of the Sharia Criminal Law in some states of the Federation slows down the progress recorded earlier in those states.

6.0 ARTICLE 6: TRAFFICKING IN WOMEN AND EXPLOITATION FOR PROSTITUTION

6.1 Situation of Trafficking and Sexual Exploitation

Sexual exploitation and trafficking in women constitute a grave abuse of rights and is consequently deplored in Article 6 of CEDAW. As stated in the Article, countries that have ratified CEDAW are expected to put in place measures to stop all forms of trafficking and sexual exploitation of women.

6.2 Sexual exploitation on a commercial basis has become a very serious problem in Nigeria due to its links with international commercial trafficking in women and girls as well as its role in the transmission of STDs and HIV/AIDS epidemic in Nigeria with a prevalence rate ranging between 4.9 percent and 8.1 percent in 1999 (SAA 2001) among the different age groups and geopolitical zones in Nigeria. Furthermore, the same source indicates that 20,000 Nigerian girls are engaged in commercial sex work in Italy.

6.3 Legal and Other Administrative Measures

To curb this trend, several measures have been put in place to suppress all forms of traffic in women and exploitation of women for prostitution. These include:

• The passing of bill by the Lower House of the National Assembly against trafficking of women and children

• There are also laws and policies prohibiting trafficking, sexual abuse as well as prostitution. These laws are:

a. Various States Sharia Penal Code Laws (different years). For example, the Zamfara State Penal Code Law 2000

b. Various States Children and Young Persons Law

c. Sections 223-225 of the Criminal Code of Southern Nigeria, cap. 77 laws of the Federation, 1990

d. Section 276-280 of the Penal Code Law, 1959 of Northern Nigeria

e. Various States Child Trafficking and Abuse Laws

f. Sections 33, 34,35 of 1999 Constitution

g. Criminal Code Act (CCA) cap 77 LFN 1990, Sections 214-233 (offences Against morality)

• Existence of safe houses for victims of domestic and sexual violence in 3 States and Federal Capital Territory (FCT) representing about 16.2 percent of the States of the Federation.

• Censorship of pornographic and violent films by the Censorship Board as well as the Nigerian Communication Commission (NCC). However, there is a handicap in checking home videos. Some states of the federation, notably Katsina and Zamfara have enacted laws that allow for arrest of dealers in pornographic and violent films. The Cinematography Censorship Law cap 23 in Sokoto and Section 233 of Criminal Code Act (CCA) cap 77 Laws of the Federation of Nigeria (LFN) on obscene publications; also serve as deterrence to those that patronize such films.

• Partnership building between the Nigeria Police, Immigration and Interpol for border surveillance.

6.4 Despite the existence of all the laws listed above, in practice, however, those involved in the trafficking of women are rarely apprehended and successfully prosecuted. The gains from the trade provide a strong incentive for traffickers who bribe and subvert weak law enforcement and immigration officers while taking advantage of Nigeria’s porous borders. It is also noteworthy that some States in the North Western zone (Bauchi, Zamfara and Kebbi) have enacted laws against hawking by girls under the age of 18. This is an important legal measure, which should be emulated by other states as hawking exposes young girls to all forms of sexual abuse and exploitation.

6.5 Other Ongoing Efforts

Apart from these interventions at the government level, pressure from other institutions, women groups and NGOs serve to sensitize the populace on the negative effects of such films.

To stem the tide of the scandalous trade in women and sexual exploitation which had done great harm to Nigeria’s image abroad, a lot has been done within the past two years to expose the nefarious traffic in women. Civil Society Organizations in the South East and South-South Zones, Women Trafficking and Child Labour Eradication Foundation (WOTCLEF) led by the wife of the Vice President and some other NGOs have played pivotal roles in the campaign against trafficking in women and girls.. Substantial efforts have been made towards raising awareness amongst parents and other major stakeholders in the society on the dangers involved in succumbing to the enticement offered by traffickers. (SAA: 2001). The result is the recent passage of the Bill on trafficking by the National Assembly. The President recently appointed a Special Assistant on Human Trafficking and Child Labour. In addition, Nigeria has signed agreements with the International Organization for Migration (IOM) for the combating of human trafficking and child labour.

6.6 Future Plans

Currently, Nigeria is a member of the drafting committee in respect of the International Convention against Transnational Organized Crime which will be supplemented by a protocol to prevent, suppress and punish trafficking in persons especially women and children. Furthermore, steps have been taken to develop bilateral cooperation with Italy to curb the trafficking of Nigerian women to that country. Work is also in progress with ILO to develop a regional programme against trafficking of children in the West/Central Africa Sub-Regions. As a result of these concerted efforts, the Nigerian Government recently initiated the hosting of an International Summit on Human Trafficking, Child Abuse, Child Labour and Slavery.

7.0 ARTICLE 7: WOMEN IN POLITICAL AND PUBLIC LIFE
7.1 Legal and Other Measures Adopted

With the ratification of CEDAW in 1985, Nigeria made a commitment to the international community to work towards the elimination of discrimination against women and girls in all spheres, political, economic, social and cultural. However, there has been very little improvement in the level of involvement of women in decision-making in political and public life despite the increased level of awareness raised by Government and other development partners. According to the SAA 2001 report “Women and girls are still far from being able to participate on equal terms with their male counterparts” though there is token representation in the political sphere, indicating a gradual improvement from what obtained about two decades ago. A typical example is the marginal increase in number of senators from one out of 95 in 1983 to three out of 109 in 1999 (SAA. 2001).

7.2 Actual Progress made to protect and ensure the Elimination of Discrimination Against Women

The data on women holding public/political positions (Tables 7.5 and 7.6) show that the percentage of women in decision-making positions in public and political life range from 1.2 per cent in 1992 to 13.4 percent in 1999. Out of 44 Cabinet Ministers only six (or 13.4 percent) are women. Out of 36 Speakers in the States Houses of Assembly only one was a female. She eventually resigned due to political pressure from her male counter-parts. There are no female governors, and only one female deputy governor in Lagos State. Nine (or 1.2 percent) out of 774 LGA chairpersons are women. 143 (or 1.6 percent) are women out of 8,810 councillors, and three (or 2.8 percent) out of 109 Senators; with 12 (or 3.3 percent) female members out of 360 members is the case in the House of Representatives. Tables 7.1 and 7.2 show the proportion of women holding political posts at the Federal and State levels while Tables 7.3 and 7.4 show the staff strength by population and sex in Nassarawa State, which is in the North Central geopolitical zone.

Table 7.1

Some Appointments Made by the Civilian Government at Federal Level as at November 1999

Source: GADA, 1999.

Table 7.2

Some Appointments Made by the Civilian Governments at State Level as at November 1999

Source: GADA 1999.

Table 7.3
Nassarawa State Civil Service Staff Strength by Population and Sex Ratio

Source: Nassarawa Civil Service Commission, 2002.

Table 7.4

Nassarawa Local Government Staff Unified by Population and Sex Ratio

Source: Nassarawa Civil Service Commission 2002.

7.3 The data from INEC showing the distribution of contestants and winners by Party/Gender in the National and State Houses of Assembly elections show the poor outing of women in the 1999 elections (See Table 7.5). Women have not fared any better in the membership of Federal Boards and Parastatals. Available records indicate that women constitute 5.6 percent of Federal Board Chairmen and 10.3 percent of Federal Board Members as presented in Table 7.6.

7.4 In a bid to reverse the trend of low representation of women in politics and public life as reflected in the preceding paragraphs, several measures have been taken by Government, political parties and other development partners in this regard:

▪ Negotiation visits to the INEC Chairman as well as Chairmen and Executives of the then existing political parties.

▪ Mobilization and public enlightenment by agencies such as National Orientation Agency (NOA), NGOs and the national and states women machinery.

▪ Exemption of women aspirants from paying the mandatory registration fees and free issuance of forms to women by the ruling Peoples Democratic Party (PDP). (As at the time of preparation of this report).

7.5 However, compared to the situation about a decade ago, more women have been appointed into Committees and Boards as well as the judicial and executive arms of government. This is the result of aggressive lobbying, advocacy and sensitization by women organizations who have been critically involved in influencing decision making in political and public life at both the national and community levels. Typical examples are efforts made by the FMWAYD, NCWS, which influences appointment of women into political positions and COWAN which influence decision making at the community level by increasing women’s access to micro-credit at the grassroots level. These measures will in the long run lead to women enjoying more of their rights.

7.6 Apart from the participation rights, which are fundamental, women organizations support Government efforts in implementing developmental projects at the grassroots level such as training of traditional birth attendants, adult literacy classes and mobilization of the community for self-help projects. Women NGOs recently have become a strong force in the developmental terrain making tremendous impact in the lives of women and children in Nigeria through formation of coalitions, networks and strong advocacy groups.

Table 7.5
Analysis of Gender Distribution of 1999 Elective Positions

Though there is one

woman deputy governor

in Lagos State.

Source: INEC, Elections 1999.

Table 7.6

Appointments into the Federal Boards and Parastatals

Source: Women, Law and Development Centre, Gender Views Newsletter. Volume 4, No.3,
Sept.-Dec. 2000 (pp. 9-16).

The National Commission for UNESCO has a woman Secretary General and the National Human Rights Commission has four female board members.

7.7 Constraints and Challenges

Despite these gains, women in Nigeria still face an array of barriers to their full participation in the various aspects of social life due to:

• Entrenched harmful cultural and religious attitudes/practices

• Violent nature of Nigerian politics

• Male preference in politics

• Practice of Purdah

• Misapplication of the Sharia Criminal Law and Justice administration system

• Illiteracy

• Early Marriage

• Widowhood practices

• Misconceptions about women in Politics and Public life

• Male dominance

• Disadvantaged economic status

8.0 ARTICLE 8: REPRESENTATION AT THE INTERNATIONAL LEVEL

8.1 Provisions for Access to International Organizations

Despite the fact that Nigeria has signed and ratified CEDAW for the last 17 years, there are no special programmes put in place to encourage women to have access to international posts. This condition is an extension of male-dominant ideological stereotype that women are not equal citizens in their own right. The impact of this negation of the objective of gender equality as a fundamental principle of CEDAW has left out valuable contributions of women in International fora and organizations.

8.2 Women in Foreign Service and International Organizations

As presented in Table 8.1, Nigeria has a total of 662 career diplomatic staff of which 69 are women representing 10.4 percent. This figure when considered against the backdrop of nearly 50 percent women in the Nigerian population can be described as a “token”. Similarly, the total number of Ambassadors is 118 of which 14 are women representing 11.9 percent. On the other hand Table 8.2 indicated that the number of women in International Organizations in the year 2000 stood at 164 (29.6 percent) as against 390 (70.4 percent) for men.

8.3. There are no mechanisms to specially groom women (or men) towards participating or getting absorbed in international organizations. The only training is in the Ministry of Foreign Affairs where only the members of staff benefit. Consequently, Nigerian women have not secured appointments for the numerous UN vacancy announcements sent to the Federal Ministry of Women Affairs and Youth Development.

8.4 Other Constraints

One major constraint is that the Nigerian Government has not yet fulfilled its obligation to domesticate the Convention. While Women NGOs and relevant institutions are being sensitized on the provisions and principles of CEDAW, pressure is being mounted on the National Assembly to domesticate. A bill of enforcement has been resubmitted to the National Assembly for consideration. Internationally, there is need for urgent measures to implement affirmative action of at least 30 percent in international representation.

Table 8.1

Women in Foreign Service

Source: MFA 2002.

Table: 8.2

Women in International Organizations

Source: United Nations Directory Nigeria. Prepared by UNDP Nigeria, March 2001.

9.0 ARTICLE 9: WOMEN AND NATIONALITY

9.1 The Constitution and Nationality

The Nigerian Constitution is in itself discriminatory on the issue of nationality acquisition by registration as contained in Section 26(2)(a). This Section stipulates that Nigerian men can have their non-Nigerian wives acquire Nigeria citizenship through registration, but the same is not the case for non-Nigerian husbands married to Nigerian women. Also, Section 29 deals with modes of renunciation of Nigeria citizenship. Subsection 29(4)(b) recognizes a married woman (not married man) who avails herself of this Subsection as being of full age. This implies that a girl married at age 12 shall be treated as an adult. However, the Nigerian Constitution of 1999 Section 25(1)(a)-(c) grants women equal rights with men in respect of nationality of their children.

9.2 Implications of Constitutional Provisions

The impact of such Constitutional discriminatory provisions and the issue of women’s nationality are seen in cases on which important decisions for women’s advancement are based. For example, the Federal Character Commission directs political contestants to go back to their places of origin to contest election. This discriminates against potential women political aspirants who have relocated to live with their husbands since marriage in Nigeria is almost exclusively patriarchal.

9.3 On-going Efforts

Nigeria is in the process of reviewing its 1999 Constitution. The FMWAYD, Human Rights and Women Organizations as well as other Stakeholders have made submissions to the committees set up by the Federal Government for amendment of Sections 26(2)(a), 29(4)(b) and 42(1)(b) on the issue of nationality.

10.0 ARTICLE 10: EDUCATION

10.1 Legal and other measures adopted

Article 10 of CEDAW invites State parties to take all appropriate measures to eliminate discrimination against women in order to ensure them equal rights with men in the field of education. Although in Nigeria there are no clear legal measures to ensure equal access to education for men and women, Section 18 of the Nigerian Constitution provides that government shall:

(1) Direct its policy towards ensuring that there are equal and adequate educational opportunities at all levels without discrimination

(2) Promote Science and Technology

(3) Strive to eradicate illiteracy and shall as when practicable provide:

a. Free compulsory and universal primary education

b. Free secondary education

c. Free university education

d. Free adult literacy Programme

10.2 The Constitutional provision shows that basic education is non-discriminatory but it has no justiceable backing for any male or female that is denied. The Government states expressly in the Constitution that it shall provide free education as and when practicable. In taking a cue from the Constitution State Governments have embarked on certain measures and policies to provide free primary and secondary education for the indigenes of the respective States.

10.3 Under the National Policy on Education adopted in 1981, revised in 1995 and 1998, Nigeria now has a 6-3-3-4 educational system comprising six years of primary education, three years of Junior Secondary education, three years of Senior Secondary education and four years of Higher education. Under the Universal Basic Education, the first nine years of schooling up to the end of junior secondary, now constitute the basic education component. The system also includes adult and non-formal education programs as well as teacher training and special education, especially for disabled children. The system also indicates age groups for which each tier is intended, the admission requirements, modes of entry, systems of assessments, examining bodies and certificates of completion at each stage.

10.4 Actual Progress to Protect and Ensure the Elimination of Discrimination against Women in Education

Progress recorded on Article 10 is discussed under the following indicators:

10.4.1 Total School Enrolment

It is evident that total school enrolments are always higher for males when compared with females in the reporting years.(See Table 10.1). It is striking to note that males’ total enrolment is higher with increasing level of education. This depicts an imbalance in access to education. For example in 1996, primary school enrolment showed 7,702 males and 6,376 females; Junior Secondary School indicates 1,293 male and 1,157 females and Senior Secondary School 936 males and 815 females. All figures are in thousands.

Table 10.1

Total Primary, Junior and Secondary Education Enrolment 1992-1996

Source: SAA Report 2001 Comprehensive Education Analysis FGN/UNICEF/UNESCO and

UNDP 2000.

Table 10.2 shows the gender inequality being more pronounced for total enrolment in Federal and State Technical Colleges from 1993/94 to 1997/98 sessions. Less than one-fifth of the enrolment figures for each year were females. The yawning gender gap calls for a serious intervention if the principle of the Convention on education will have any meaning in Nigeria.

Table 10.2

Enrolment in Federal and State Technical Colleges 1993/1994-1997/1998

Source: SAA Report 2001.

10.4.2 Gross Enrolment Ratios

(a) Gross enrolment ratios are better measures of access to education. Tables 10.3 and 10.4 provide sets of indicators comparing male with their female counterparts. Table 10.3 shows a trend of Gross Enrolment ratio at different levels of education. The figures show that the females have not fared well at all levels compared with their male counterparts. A set back was observed generally at primary school level with a decreasing trend in gross enrolment ratio over the years. As expected, the female gross enrolment ratios are consistently higher for the primary school level. However, at the junior and secondary school level gross enrolment ratios varied from 30.2 percent to 40.0 percent. This implies that a lot of children withdrew after primary education. It is also noted that gross enrolment ratios decreased with increasing level of education, accompanied with gender inequality in favour of males for junior secondary education level while a reversed pattern was indicated at senior secondary education level. For the period 1993 to 1996, the females consistently have higher gross enrolment ratio compared with the males.

Table 10.3

Gross Enrolment Ratio in Primary, Junior and Senior Secondary Education 1992-1996

Source: SAA Report 2001.

Table 10.4

Primary School Gross Enrolment Ratio by Gender, Zones and Urban/Rural Areas 1995/1999

Source: MICS 1999 (FOS, UNICEF A–2000).

(b) The primary school gross enrolment ratios depicted in table 10.4 reveal a similar pattern as shown earlier. The zonal and residential disparities show that males consistently have higher figures than females. The gross enrolment ratios in the Southern zones were extremely higher compared with the Northern zones for both males and females.

(c) For example, male figures depict 117.3 percent (southwest), 121.6 percent (southeast), 46.7 percent (northwest) and 59.9 percent (North East). The corresponding figures for females are 112.8 percent South West); 117.8 percent (south East); 35.1 percent (North West) and 55.1 percent (North East). The gender imbalance is very obvious across the zones while a similar picture is presented for the residence status (rural/urban). In urban sector (103.0 percent males, 97.3 percent females) compared with the rural sector (78.0 percent and 70.5 percent respectively. The tables 10.3 and 10.4 are from administrative sources, (FME) and MICS (FOS) respectively. In a country with a fairly equal gender population ratio, the enrolment ratios as described above is a reflection of the need to address the inequality in education for girls/women.

10.4.3 Literacy Rate

(a) Closer examination of figure 10.1 shows that national adult literacy rate declined from 57 to 49 percent while the women rate declined from 44 to 41 percent. The Literacy Gender Parity Index (LGPI), which is a measure of gender equality in literacy, remained about 0.8 percent. Although, the literacy rates declined, there was only little progress made in eliminating the wide gender gap. Overall, 7.3m adults were enrolled in literacy classes between 1990 and 1997, and average of little over 900,000 a year. Out of this, 45 percent were women.

Figure 10.1

Adult literacy rate, 1991 and 1999

68 Key

Male

57

49 50

Female

44

41

Source: SAA 2001.

Further desegregation of the literacy figures on zonal, sectoral and age-wise show consistently higher literacy rates for male as shown in Tables 10.5.

Table 10.5

Adult Literacy Rate — 1999, % of Population Age 15 and Above (MICS)

Source: SAA 2001.

10.4.4 Percentage of Women Teachers in Primary Schools

(a) Table 10.6 presents a graphical picture of low level of primary school female teachers in the period of 1985 to 1997. The percentage of yearly output never reached 50 percent for each year and it is an evident of gender inequality, which is still not being properly addressed.

Table 10.6
Percentage of Female Teachers in Primary School 1984-1997

Source: FOS, Annual Abstract of Statistics, 1999.

(b) In most of the three Northern Zones; North West, North East and North Central, laws have been enacted to discourage withdrawal of girls from school for marriage. Also some schools are established for girls while some serve mid-day meals to encourage the girls’ attendance in the school. There is provision of scholarship at all levels for female students in 70 percent of the Northern States. The girl child education programme and the adult and non-formal education programme are still in operation.

(c) The present Government in its effort to reverse the decline in the quality of education launched the Universal Basic Education (UBE) in 1999 to provide free and compulsory education at both primary and junior secondary levels to all Nigerian children. A National Stakeholder Consultation followed this in August 2000 with a view to identifying the underlying problems of the educational system and proffer solutions. The major deficiencies identified were in the curriculum and its delivery, inadequate school infrastructure and crowded classrooms, weak motivation on the part of the teachers, emphasis on examinations rather than skills development, inadequacies in financing, management, planning, statistics monitoring and evaluation.

(d) A new social policy is in place to provide free education for females at all levels. This is expected to be in operation before the end of 2002.

11.0 ARTICLE 11: EMPLOYMENT

11.1 Legal Measures

Article 11 states that women shall have equal rights as men with respect to employment opportunities, choice of professions, promotion and remuneration.

(a) The 1999 Nigerian Constitution itself contains the seed for both negative and positive discrimination in relation to the employment of women. Whilst prohibiting discrimination under section 42 (1) and (2) on grounds of sex among other considerations, it permits special provisions in favour of special groups on various grounds including sex under section 42 (3). E.g. in respect of any state appointment, or as a member of the armed forces of Nigeria, or the Nigeria Police Force, etc.

(b) Thus the law that prohibits employment of women at night and in underground work arms an employer with a legitimate weapon against women or the interest group in question, except that the prohibition contained in sections 54 and 55 of the Labour Act Cap. 50, Laws of the Federation of Nigeria 1990, do not apply to women falling within the middle level and high level cadres.

(c) The factories Act Cap. 126, Laws of the Federation of Nigeria 1990, which makes detailed provisions for the health, safety and welfare of workers does not take into consideration the sensitivity and susceptibility of the female reproductive rights/functions and the need to protect the unborn baby; the effect of toxic substances, radio-active materials in women. Little or no research has been carried out to know the extent of the hazards and the ways of eliminating the hazards.

11.2 Discriminatory Employment Practices

Although there are no manifest discriminatory practices against women in recruitment and employment, the reality is that Nigerian women are far from enjoying equal rights in the labour market due mainly to their heavy burden of domestic work, lower levels of educational attainment, biases against women’s employment in certain sectors of the economy or stereotypes at the workplace and discriminatory welfare packages. This is evident in the private sector, particularly among the new generation banks where single girls are required to sign a contract not committing themselves to marriage until after three years of joining the bank and those married are not allowed to have any child at least three years from the date of employment.

11.3 There is also a growing phenomenon in the schedule of the banking sector where young girls are employed as marketing officers. These girls are saddled with the responsibility of sourcing customers/funds to meet high targets and when they have been optimally utilized, they are often relieved of their duties by other younger girls since such positions are not career jobs. Furthermore, women who get married to co-bankers working in the same bank have to resign their jobs. In view of the fact that bank jobs are high paying, most women comply with the policy.

11.4 Even though there is no disparity in taxation for male and female workers, due to the patriarchal nature of the society, women are subjected to proof of their custodianship of children and dependants. This is based on the misconception that women are not breadwinners and therefore not responsible for the maintenance of children and their family at large. Another evidenced discrimination is in the employment of male and female in that spouses and families of men in management levels are entitled to medical treatment sponsored by the employers while the same treatment is not applicable to spouses and families of women in the same management level. Furthermore, the spouses of Foreign Service officers are not allowed to work when they are accompanying their husbands/wives on postings. Furthermore, on return from foreign posting workingwomen either lose their jobs, or their progression in the work place. Spouses of women political office holders and other non-government functionaries cannot have diplomatic passports unlike wives of same.

11.5 There is a wide regional variation in the labour participation rates for women in the country. This largely correlates with low literacy rates and high prevalence of poverty in some regions. There is no doubt whatsoever that women still account for only a very small proportion of the formal sector workforce in Nigeria notably in industry, the professions and the civil service.

11.6 On the other hand, women constitute 95 percent of magistrates in the three geopolitical zones of the Southern part of the country. The figure is high because the remuneration attached to such jobs is not commensurate with the risk and hazards of the job.

11.7 The gender specific division of labour is linked to the traditional perception of women’s economic roles, the majority of women being employed in the clerical (typists), sales and service sectors (teaching and nursing professions) A high percentage of women find employment in the agricultural sector where women’s involvement in household subsistence farming, animal husbandry, food processing and distribution for additional family income is not taken into account. A high proportion of economically “inactive” females are involved in domestic duties.

11.8 According to the Federal Ministry of Women Affairs and Youth Development, 1999 Beijing +5 Country Report., women account for 18 percent of the formal sector workforce and only 3 percent of administrative and managerial positions in the country. The gender disparity is even greater in the professions such as, medicine, engineering and architecture, which remain overwhelmingly dominated by men. However, there are some women representation in education and the judiciary.

11.9 Effect of Child Care/Unemployment on Women

Nigeria witnessed very high rates of unemployment particularly youth unemployment during the military era and the effect still persists, adversely affecting women. This has resulted in young girls resorting to prostitution and many becoming victims of trafficking and abuse. There is an improved development in the acquisition of basic education and basic trade skills for young women. These are the first conditions for finding gainful employment but as soon as they are married and start caring for children their career progression is suspended as a sacrifice for childcare responsibilities. Thus women’s employment is greatly affected by the burden of child rearing activities, which are considered female responsibilities. The inadequacies of childcare facilities greatly affect women’s participation in the labour force. Despite these problems, the economic development in the last four years has caused an increase in the participation of women in the labour force.

11.10 Gender Discrimination in Appointment to Strategic and Sensitive Positions

There are no core professions reserved specifically for men or women. However, there are instances where men are favoured in appointments and deployments to jobs/postings considered strategic and sensitive. Such jobs include, immigration, international postings, armed and national security forces, peacekeeping operations, political appointments into strategic ministries and agencies, protocol duties and appointments into presidential committees. The reasons adduced for this situation are: nature of the job which often involves frequent mobility and transfers and high frequency of travelling often at little or no notice, male chauvinism, non-availability of women or women’s failure to apply for such jobs, irregular working hours, marital status and responsibilities. There is observable subtle gender discrimination in appointments to strategic and sensitive positions hidden under performance/merit (through examinations and interviews) capability, seniority and at times consideration for gender representation. However, the scenario is gradually changing because currently, the Comptroller General of Immigration is a woman, the Minister of State for Defence is a woman and there is currently a female Commissioner of Police.

11.11 Constraints to Security and Health of Pregnant Women

Field observations/findings indicate that there do still exist constraints to security and health of pregnant women, mothers and women in their places of work. Most affected are those in the private sector especially in the manufacturing industries that are exposed to harmful chemicals. Cases of sexual harassment often reported are not documented; hence no statistical data is available. There is no law in place offering protective measures and in these places; there are no existing texts, laws, bylaws or regulations to ensure protection of such pregnant women against hazards of the job. These constraints are basically due to the poverty level and ignorance of these women.

11.12 Factors Responsible for Changes in Women’s Employment Status

Despite the identified problems, significant changes in the status and quality of women’s employment have been recorded since the previous report. These are due to:

- Increased women’s entry into various categories of employment

- Current review of labour laws/acts with due consideration to gender

- Advocacy for implementation of Affirmative Action through advocacy visits, sensitization and awareness programmes of Ministry of Women Affairs and Youth Development in conjunction with NGOs and development partners

- The National Poverty Eradication Programme (NAPEP), which provides training on skills acquisition for both men and women.

- Vocational Skills Training provided by Women Development Centres nationwide.

- Research and documentation by NCWD

11.13 Several programmes on sensitization by Government, NGOs and other relevant agencies are impacting positively on female employment in the country. NGOs have helped to train commercial sex workers to prepare them adequately for meaningful employment. The implementation of CEDAW and Beijing Platform for Action has considerably improved the status of women, raised consciousness about women’s issues in organizations and male dominated institutions. As fallout of these, attention is now focused on addressing the remaining obstacles to increasing female participation in the labour force.

12.0 ARTICLE 12: EQUALITY IN ACCESS TO HEALTH CARE

12.1 Legal and Other Measures Taken

Article 12 enjoins State parties to take all appropriate measures to eliminate discrimination against women in the field of health care services, including family planning. Section 17(3) (c) of the 1999 Constitution of the Federal Republic of Nigeria provides that:

“The State shall direct its policy towards ensuring that the health, safety and welfare of all persons in employment are safeguarded and not endangered or abused, and that, there are adequate medical and health facilities for all persons”

In pursuance of the provisions of the Constitution and CEDAW on health, the Federal Ministry of Health with other developmental bodies have pursued vigorously programmes for the advancement of the causes of Nigerian women.

In the recent past a number of health care reforms favourable to women have emerged. These include a National Reproductive Health Policy as well as a National Food and Nutrition Policy approved in 1998 to improve the general nutrition especially of pregnant women and children. The National Health Policy also set the goal of achieving “a level of health that will enable all Nigerians to achieve socially and economically productive lives’. It made provisions for a health system with three tiers — primary, secondary and tertiary. The primary level consists of health centers and clinics, as well as outreach services. The secondary level made up of mainly general hospitals, provides curative services and some preventive services, while the tertiary tier provide more specialized curative, rehabilitative and constructive services.

12.2 With the inception of democratic governance in May 1999, the Federal Ministry of Health initiated a consultative consensus building process, involving a wide range of stakeholders, to develop a strategy for health sector reform. A medium term Plan of Action for Health Sector Reform for the years 2001-2003 emerged, aimed at employing a combination of practical approaches, increased funding and additional resource mobilization from donors to achieve tangible improvements in seven key areas such as Primary Health Care, Disease Control, Sexual and Reproductive Health (including STDs and HIV/AIDS), secondary and tertiary care drug production and management coordination with development partners, and organization and management.

12.3 Actual Progress made to ensure the elimination of discrimination against women in the health sector

Overall data indicate that in 1999 there were 18,258 registered Primary Health Care (PHC) facilities across the country, 3,275 secondary facilities and 29 tertiary facilities. The public sector accounted for 67 percent of PHC facilities, 25 percent of secondary facilities and all but one of the tertiary facilities. However, this number is inadequate considering the population and expansive nature of the country.

12.4 Maternal Mortality and Morbidity

Maternal Mortality Ratio and Morbidity are principal indicators for assessment of the survival of women. The Maternal Mortality Ratio (MMR) is the number of maternal deaths per 100,000 live births. The Table 12.1, according to 1999 MICS estimated a national MMR of 704 per 100,000 live births. This implies that about one-woman dies every three minutes in Nigeria as a result of delivery complications. The table also depicts a huge urban/rural and zonal disparities in the MMR; that maternal mortality rate is more than twice as high in the rural areas (828 per 100,000 live births) than in the urban areas (351 per 100,000 live births).

Table 12.1
Maternal Mortality Ratio (MMR) in Selected Areas of Nigeria

Source: MICS 1999 FOS/UNICEF.

The primary causes of maternal mortality as shown in Figure 12.1 include haemorrhage (23 percent), sepsis (17 percent), malaria, anaemia, abortion, CDP and Toxaemia (account for 11 percent each) and others (5 percent). The Figure also depicts primary causes of maternal death.

Figure 12.1

Primary Causes of Maternal Death

Source: FOS.

Zonal disparities show that North -East has the highest MMR (1,549 per 100,000 live births), which is almost ten times higher than in the South West (165 per 100,000 live births). The rate in the North West (1,025 per 100,000 live births) is six times higher than the South West. However, the present democratic Government efforts through reactivation and expansion of primary health care clinics and facilities both in the rural and urban areas have contributed remarkably towards reduction in maternal mortality and morbidity ratios in the country.

12.5 Infant and under-five mortality rates

Infant and under five mortality rates are good indicators for measuring health performance of children on mortality. Table 12.2 depicts the gloomy picture of infant and under-five mortality rates in Nigeria. There is little gender disparity according to MICS 1999 for infant mortality rate which is 105 per 1,000 live births each while the rate for the under-five mortality reveals gender disparity (148 per 1,000 live births for males and 167 per 1000 live births for females). The figures for both infant and under-five mortality rates remain high for both NDHS 1999 and MICS 1999. Nigeria is still far from meeting the recommended goals for both indicators. She is yet to make an appreciable progress on the reduction of both infant and under five mortality rates. Rural areas are significantly worse off than the urban areas. However appreciable progress has been made in the eradication of polio.

Table 12.2

Infant and Under-Five Mortality Rates (Per 1,000 Live Births)

Source: SAA Report (2001).

12.6 Provision of Pre-natal Care

Table 12.4 shows percentage distribution of women receiving pre-natal care by age group and medical personnel. The figures show that a lot of attention is required for reproductive health and obstetric care in Nigeria.

The table depicts that about 45 percent of mothers of less than 20 years of age did not receive any antenatal care, while the corresponding figures for age group 20-34 years and 35+ are 26.1 percent and 28.4 percent respectively. Nurses and Midwives account for less than 42 percent in the other age groups. This is unacceptable and the Government has instituted necessary mechanisms to correct imbalances in the health care delivery system in the country.

12.7 Family Planning Services

Available family planning services are under-utilized (Figure 12.2). There is need for improvement and creation of necessary awareness in order to enhance the health of women of reproductive age. Government’s efforts through provision of (most of the time) free family planning services have not yielded expected results. The results of prevalence of usage of contraceptive methods in Table 12.3 are recent and evidence abounds to show that there might have been a backward slide.

Figure 12.2

*Any Method

*Any Modern Method

*Any Traditional Method

*Other Methods

Available Family Planning Services

Source: FMOH 1999.

The overall national rate in the use of family planning services is 15.7 percent, any modern method (8.6 percent), any traditional method (5.8 percent) and others (1.0 percent) for all women. The figures for all currently married women portray a similar picture. However, for sexually active unmarried women the rates at the national level for any method, modern, traditional and other methods were 58.6 percent, 35.4 percent, 14.1 percent and 4.0 percent respectively. These last scenarios were higher than for the earlier groups.

Table 12.3
Rate of Prevalence of Contraception by Method

Source: FMOH 1999.

12.8 HIV/AIDS

HIV/AIDS epidemic warrants special attention. It has assumed centre stage in Nigeria, with a rising prevalence rate, which varies from about 1.8 percent in 1992 to 5.4 percent in 1999. Figure 12.3 shows the pictorial trend of National HIV prevalence rates.

Figure 12.3

National HIV/AIDS Prevalence Rate 1992-1999

5.4

4.5

3.8

1.8

1992 1994 1996 1999

Source: FMOH 1999.

Age-wise desegregation reveals that adults of age group 20–24 have the highest prevalence rate of 8.1 percent. However, in the six geopolitical zones of Nigeria, this age group has the highest rate of 9.7 percent in the North Central region. The Federal Ministry of Health is now at the advanced stage of establishing in cooperation with other partners, a Behavioral Surveillance Survey (BSS).

A National Action Committee on HIV/AIDS (NACA) has been put in place to create public awareness on the scourge. The Committee also coordinates all sectoral programmes and activities in respect of HIV/AIDS control. The FMWAYD is collaborating with NACA on the execution of training programmes for women leaders on Community -Based Care and Counseling for People Living with HIV/AIDS. Two zonal workshops have been held and one monitoring and evaluation exercise carried out. The Child Development Department of the FMWAYD is also being supported by UNAIDS to establish School HIV/AIDS Clubs in selected schools across the country. The Youth Development Department equally has awareness/sensitization programmes on HIV/AIDS Prevention, Care and Counseling, which target the Youths.

12.8.1 Specific HIV/AIDS Interventions

In April 2001, the President of the Federal Republic of Nigeria, Chief Olusegun Obasanjo officially released the nation’s multi-sectoral emergency response to the growth and impact of HIV/AIDS and STIs. The HIV/AIDS policy among others:

• Seeks to protect women from the scourge by empowering them to determine their own standards of sexual behaviour.

• Supports development of training materials for Commercial Sex Workers (CSWs) and definition of values focused on CSWs issues

• Protects the rights of all individuals infected or affected by the epidemic and such shall be entitled to standard health care under the National Health Insurance Scheme (NHIS).

12.9 Achievements in the Health Sector

So far the national response to AIDS has recorded some modest achievements. It has been possible to generate a large body of timely data on the magnitude, trend and characteristics of the epidemic as well as to make projections of its future course and implications. There is a significant improvement in the level of awareness about HIV/AIDS among the populace, although there is still a degree of ignorance particularly among women. In general, the present civilian dispensation has made a remarkable improvement on health issues. At the Federal level and also in some States in Nigeria, free pre-natal and post-natal treatment for young children and the aged are being provided while in some Northern States free medical services are offered to VVF patients.

12.10 Prevailing Problems

The general problem from all the States include:

• Inadequacy of Health Clinics in the workplace

• Insufficient maternity leave period

13.0 ARTICLE 13: SOCIAL AND ECONOMIC RIGHTS

13.1 Legal and Adopted Measures

Sections 13-18 of chapter 2 of the 1999 Constitution of Nigeria dealing with social, economic, educational, health and political objectives are very relevant to socio-economic rights, though non-justiciable. They are however couched as constitutional obligations on all the levels and tiers of government in Nigeria.

Section 43 of the 1999 Nigeria Constitution states that every Nigerian citizen shall have the right to acquire and own immovable property any where in the country. Worthy of note is the provision of the National Policy on Women, which stipulates the Government’s commitment to the promotion and protection of women’s socio-economic rights.

13.2 Actual Progress Made to Eliminate Discrimination Against Women

Some measures have been put in place to ensure women’s economic and social empowerment. These measures are put in place as a result of efforts of National and State Institutions, and Women Non-Governmental Organizations through:

• Micro-Credit provided by Community Banks, and National Poverty Eradication Programme accessible to about 27% women

• Establishment of Women Cooperative Societies in rural areas through the Female Functional Literacy for Health (FFLH) Project which has as its component –

• Health education, functional literacy and income-generating activities for women in the rural areas. This project is tripod collaboration between the FMWAYD, FMOH and WHO and has been replicated in 22 States of the Federation

• Provision of loans at low interest rates and waiver of collateral for women seeking credit facilities (27% of women have benefited)

• Establishment of skills acquisition centres throughout the States of the Federation including the FCT, Abuja.

• Establishment of three pilot cottage industries in Kwali, FCT, Abuja, Bayelsa and Yobe States

• Pilot projects on modern Bee farming in 10 States by FMWAYD in collaboration with International First Aid Society (IFAS)

• The National Economic Policy has been engendered and targets set for women’s economic advancement.

• Advocacy and sensitization workshops and training have been carried out towards engendering the National budget

• Initiation of accounting for women’s work in the GDP by National Planning Commission.

13.3 Obstacles

The Nigerian environment is such that women and the girl-child have unequal access to education, shelter, health, employment and social security. This is in addition to the traditional and cultural practices, laws and beliefs harmful to women, discriminatory and violative of their socio-economic rights.

Available statistics show that 90 percent of registered land and properties are in men’s names. Also available data from National Poverty Eradication Programme (NAPEP) indicate that beneficiaries of these programmes are 15 percent women as against 85 percent men. The following factors specifically impede women’s enjoyment of their social and economic rights:

• The practice of patriarchy

• Early marriage and female genital mutilation

• The practice of Purdah

• Low level of education/training of women

• Discriminatory inheritance practices against women

• Dehumanizing widowhood practices

• Women’s exceptional workload, which preclude them from enjoyment of recreational activities. Averagely, women work 16 hours or more

13.4 In addition to the above obstacles, the triple system of marriage laws in Nigeria (Customary, Islamic and Statutory) has resulted in a plurality of legal provisions and precedents regarding property rights and inheritance. Under Statutory marriage, the Married Women’s Property Act of 1882 gives women the right to acquire, hold or dispose of property, whether acquired before or after marriage. Upon divorce, her rights may be enforced through the court processes. Similarly, under the Matrimonial Causes Act, anywhere in Nigeria the courts can rule that women have a share of family property in the event of divorce on equity grounds. Islamic law also gives women right to own and dispose of property including land. Very often women are unable to enforce property rights in a court of law due to ignorance of such rights, lack of financial security and the fear of antagonizing their in-laws. Out of the six geopolitical zones of the country, only the South East and South–South zones traditionally do not allow women to own land and other properties.

14.0 ARTICLE 14: WOMEN IN RURAL AREAS

14.1 During the reporting period, the Government has taken appropriate measures to ensure equality and equity in the rural areas and enhance the development and sustenance of rural resources.

14.2 Measures and Programmes

• The establishment of Women Development Centers in all the local government areas for training in skills acquisition, mass literacy and adult education programmes

• Translation of the provisions of CEDAW into three major Nigerian languages for better understanding and wider publicity.

• Establishment of economic empowerment programmes including numeracy and literacy skills acquisition.

• Establishment of Female Functional Literacy for Health and Poverty Alleviation Project tagged (FFLH) for literacy and health education of rural women as well as provision of income generation activities in 14 communities in 10 States of the Federation. We have this being replicated in 10 additional states. Women are also encouraged to form cooperatives for this project. There are Information Education and Communication (I.EC) materials - posters, leaflets and handbooks in local languages to create awareness and educate the rural community on health and human rights issues, democracy and good governance.

• The introduction of the Universal Basic Education (UBE) targets the rural communities as the beneficiaries. The construction and renovation of primary and secondary schools in these areas are part of the infrastructural developments for such rural communities.

• The Federal and State Ministries of Agriculture have also targeted the rural communities in the provision of extension services to improve agricultural yields and increase their technical proficiency. There is also construction of and improved access roads for marketing of rural agricultural products.

• Through sensitization programmes, rural dwellers are encouraged to form self-help groups and cooperative societies to enable them access credit facilities and loans that have promoted increase in economic opportunities and a measure of self-sustenance. These encourage initiation, planning and participation for self –help development projects.

14.3 Policies and Targets

To ensure the enjoyment of adequate living conditions in the rural areas, both Federal and State governments are improving the housing, water supply, electricity, sanitation and communication facilities in the rural areas in the following sectors:

• There is construction of owner-occupier houses in some local government areas

• Provision of mass transit vehicles with subsidized transport fare to facilitate movement in and out of rural communities

• Construction of boreholes for regular water supply

• Campaigns for the protection of the environment for sustainable development and the extension of electricity services to the rural areas.

These policies were necessitated by the poor situation of these facilities and services as indicated in Tables 14.1, 14.2 and 14.3

Table 14.1 Table 14.2

Sources of Water in Small Towns, 1997 Sources of Water in Urban Lagos, 1997

(Percentage per Households) (Percentage per Households)

Source: Storeland and Bassey, L – 2000 a and b.

Table 14.3

Sources of Water, Sanitation, Facilities and Number of Persons Per Room, 1990 and 1999

(% of households)

Source: NDHS 1990 (FOS/IRD, M 11, A-1992); NDHS 1999 (NPC, A-2000).

Table 14.4

Percentage of women as agricultural landholders

Source: FOS (NASC 1993/94).

14.4 Women as Agricultural Land Holders

The involvement of women in agriculture, according to Federal Office of Statistics (FOS) shows that the labour participation rate (labour force as a percentage of the economically active population age ranges from 15-59) is 45 percent for women. Despite their important contributions in the agricultural sector, women are still mainly involved in arduous manual tasks in farming and food processing which are largely undocumented and excluded from the National accounting system. They lack title to land and have limited access to agricultural inputs such as fertilizer, improved seedlings and agricultural extension services. The Federal Office of Statistics (FOS), National Agricultural Sample Census (NASC) states that only 14 percent of females are agricultural landholders.

14.5 Women in the Rural Areas and Exposure to Family Planning Methods

It is also noted, that in spite of the reforms on health, water and transportation there are still series of obstacles preventing women in the rural areas from accessing family planning services and getting full benefit of elaborate health policies due to the following:

▪ Effects of patriarchy in this context, women need permission from their husbands);

▪ Traditional and erroneous beliefs that taking family planning measures gives room for promiscuity;

▪ Lack of sufficient health centres close to the rural dweller;

▪ Age long superstition and misconception of family planning;

▪ Naivety, ignorance and illiteracy;

▪ Poverty level of rural dwellers;

▪ Men’s insensitivity to women’s needs;

▪ Lack of trained personnel;

▪ Some Religious beliefs frown at family planning methods but accommodate among others, voluntary withdrawal;

▪ Sexuality control in some areas of the country.

14.6 Other obstacles experienced by rural women are shown by their voicelessness in statutory decision-making. Rural women are relegated to the lowest rungs in the society’s ladder with no voice on the political and public life.

In view of some negative effects of customary law marriages, attempts are being made by Governments and notable NGOs to codify the customary law to make them less discriminatory especially in the area of widowhood rights, divorce, inheritance, custody of children, maintenance and settlement of property rights.

14.7 Different Treatments Experienced by Women With Different Status

14.7.1 Married

The practice of patriarchy negatively affects the value culturally conferred on womanhood in Nigeria. Consequently only women who are married are given relatively considerable respect. Socially, married women are better respected because of their husbands’ protection. In spite of that, under customary law, wives remain as slaves to their husbands and in-laws.

14.7.2 Widowed

Widows in the Southern and Eastern parts of Nigeria have no protection and their rights are seriously abused, leaving so many impoverished, dehumanized and dispossessed. Under the Sharia legal system, widows are accorded more rights. They are allowed an in-house compulsory mourning period of four months and 10 days to determine whether they are pregnant for the deceased husband. After the compulsory mourning period, if found not pregnant, they are free to remarry. Widows under the Sharia Law inherit their husbands’ properties together with their children.

14.7.3 Divorced/Separated

In most communities in the country, a divorced or separated woman is despised no matter the circumstances of the divorce or separation. She is stigmatized, and becomes socially vulnerable. This is more pronounced in the Eastern part of the country than in other parts. In Northern Nigeria, separated or divorced women can marry after three months and usually do.

14.7.4 Unmarried

Culturally and cutting across most part of the nation, an unmarried woman is marginalized and vulnerable. Unfortunately it is immaterial what led to her unmarried status, as long as she is up to the age of marriage and has not done so or has been unable to do so.

15.0 ARTICLE 15: EQUALITY BEFORE THE LAW

15.1 Civil Matters

Chapter IV of the Constitution of the Federal Republic of Nigeria guarantees every male and female the same fundamental rights. Section 42 entrenches the right to non-discrimination based on sex. Under Section 36 (1) every one is entitled to a determination of his/her civil rights and obligations by independent and impartial Courts and Special Tribunals. The effect of the foregoing Constitutional provisions is that men and women have equal access to the courts in matters of Contracts, Torts and other Civil Matters.

15.2 Due to lack of information, ignorance of the law, and the low status accorded women, some private persons and institutions tend to restrict the legal capacity of women in Contracts. Nigerian courts, however, would usually void such contracts.

15.3 The persistent administrative bureaucracy that had illegally denied women the right to stand surety in bail matters is being steadily overcome. Law enforcement organs now accord women this right where they meet the stipulated requirements.

15.4 Criminal Matters

As stated above, women are by the same token equal with men before the law in criminal matters. But certain legal provisions and procedures tend to undermine this equality. Some of these include:

• Section 353 and 360 of the Criminal Code Act (CCA), of Southern Nigeria make indecent assaults on females a lesser offence (misdemeanor) while similarly assaults on males are felonies.

• Section 55 of the Northern Nigeria Penal Code (PC) allows for chastisement of the wife by her husband.

• Nigeria’s Evidence Law requires corroboration in sexual offences. It is well known that all sexual offences except indecent assault have women and girls as victims.

• Procedurally, the Criminal Justice System is not protective of women victims of sexual offences. This has given rise to low reporting and prosecution of sexual offences.

16.0 ARTICLE 16: EQUALITY IN MARRIAGE AND FAMILY

16.1 There are civil, religious and customary laws dealing with family relations in Nigeria. The civil law as enshrined in the Matrimonial Causes Act (Cap 220 Laws of the Federation of Nigeria 1990) and Marriage Act (Cap 218 Laws of the Federation of Nigeria 1990) permit monogamous marriages causing women married under these Acts to enjoy some legal rights.

16.2 Benefits

• In the event of death of her husband interstate a certain percentage (at least 1/3 of the deceased’s estate) is left to the woman.

• The Acts recognize the equal right of each party to the custody of children

• The wife and husband of a monogamous marriage cannot be found guilty of conspiracy except a third party becomes a co-conspirator.

• A wife cannot be compelled to testify in a law court against her husband under the sections of the Evidence Act dealing with Competence and Compellability and vice versa.

• The immunity of non-disclosure of facts remains binding on the spouses even after divorce.

• The wife can sue the husband for her personal property, either before or after marriage.

16.3 In the case of Customary Law Marriages — the wife herself is often regarded as the man’s property and she is generally not expected to entertain any measure of equality in whatever form. She cannot avail herself of the benefits enjoyed by a woman married under the Act. Upon her husband’s death she is more likely to be dispossessed. This is not the case with the man who at the death of his wife inherits all her properties. Both Customary and Islamic Law marriages are potentially polygenous. The provisions on inheritance in Islamic Law gives some protection to woman’s inheritance rights. In the Eastern part of Nigeria widows still experience a lot of discrimination particularly on inheritance laws. Recent advocacy by NGOs assisted by international organizations has led to moves by the judiciary to protect widows from being disinherited.

16.4 Legal Right for Women to Acquire, Administer and Own Property

Section 43 of the Nigerian Constitution, guarantees every citizen the right to acquire and own immoveable property anywhere in Nigeria.

The married woman under the Marriage Act also enjoys equal right to the family assets acquired during the subsistence of a marriage and her right to be involved in their disposal during or after the marriage or upon the death of her husband. Education and urbanization is giving a lot of women confidence to acquire, administer and own property without being discriminated against.

16.5 Age of marriage

The marriage age prevalent in Southern Nigeria is between 18 and 21 years, while in the North it is between 12 and 15 years. Also in the Northern part of the country, girls of ages as low as nine years, depending on the age of attainment of puberty, are given out in marriage. The age of men too is as low as 15 years. There is a proposed Bill at the National level to harmonize women’s marriageable age at 18, but none for men.

16.6 Female-Headed Household

The socio-economic environment of the past decades has increased the level of poverty especially for women. The rural/urban and urban-urban migration has left a growing number of female headed households in both sectors. The female-headed household in the informal sector accounts for 13.2 percent as compared to the male-headed household while data from the sample survey show that 16.1 percent are in the urban areas, compared with 12.2 percent in the rural areas. These indictors call for intervention at all levels.

SECTION C

CONCLUSION

1.0 DOMESTICATION OF CEDAW

The process of domestication of CEDAW under the Nigerian Constitution requires the accent of the legislative arm of government which is under due consideration. However the enabling environment created by the democratization of the country in the last three years has contributed immensely to women’s participation in the three arms of government. A bill of enforcement is presently in the National Assembly for enactment.

2.0 OBLIGATION TO ELIMINATE DISCRIMINATION

Although cultural practices still persist, numerous steps have been taken to reduce discrimination against women. Based on findings of the national survey, aggressive and sustained campaigns are being organized so that the desired results can be realized. Government has acceded to the affirmative action to promote gender equality and the advancement of women. Strategies are being developed to sensitize and create awareness for a better understanding and acceptance of this concept. Efforts are being made by government and other stakeholders to ensure that the peculiar needs and interests of women are given due consideration in the review exercise of the 1999 Constitution.

Indicators contained in the report, reflect that women have recorded some measure of progress in their participation and representation in politics and public life. The persistent demand for 30 percent Affirmative Action by gender machineries, NGOs, Women Groups and Coalitions is making desired impact. Sustained media campaigns and other forms of advocacy will go a long way to achieving the 30 percent target.

3.0 STATUS OF WOMEN IN EDUCATION, HEALTH, ECONOMIC AND SOCIAL LIFE

Statistics reveal persistent low levels of female literacy both in the urban and rural areas in spite of the efforts of Federal and State Governments. This can be ascribed to cultural and religious belief systems that have placed lower value on female education.

Other limiting factors can be attributed to inadequacies in finance, management, planning, statistics, monitoring and evaluation in the educational sector. There is no available data on the level of illiteracy among rural women. Although school curricula have not been streamlined to teach women their rights, Government and NGOs have developed IEC materials to enlighten women groups and students on their rights. It is, however, hoped that the negative trends would be addressed with the full implementation of the Government’s educational policy designed to boost female education through its provision of Universal Basic Education programme.

Despite the discriminatory practices against women in employment, several programmes have been put in place which impact positively on female employment. This has led to a slight increase in the number of women that are gainfully employed.

Bearing in mind the low health indicators for women, the Government is currently spearheading actions aimed at reducing maternal, neo-natal and childhood mortality and morbidity rates through women and child-friendly health services initiatives. These also include efficient family planning services and creation of greater awareness on health education and HIV/AIDS to protect women from the scourge and enhance their reproductive health and rights.

Within the reporting period, measures have been taken to ensure the elimination of discrimination against women in economic and social life. This notwithstanding, several obstacles still militate against women’s full enjoyment of their socio- economic rights. In order to improve women’s access to these rights, the relevant constitutional provisions should be made justiciable.

4.0 OTHER OBSTACLES TO WOMEN’S EQUALITY

Available statistics support the fact that the incidence of sexual exploitation on commercial basis and trafficking in women has assumed an alarming dimension in Nigeria. To arrest the trend and redress the situation there are combined efforts by Government, and the Civil Society to document the trend, secure legislation, sensitize the public and provide rehabilitation.

While Article 14 makes provision for rural women to attain equality and equity in development and sustenance of rural resources, many problems were highlighted, in the report that impede them from achieving these goals. Given this situation, measures and programmes are being put in place by the Government at Federal, State and Local levels to address the issues.

Section 42 of the 1999 Constitution guarantees freedom from discrimination on the ground of sex and ensures that men and women have equal access to the courts in matters of contracts, torts and all civil matters, however, due to ignorance of the law and the low status accorded to women, the legal capacity of women in contract tends to be restricted in practice.

5.0 THE WAY FORWARD

Within the reporting period, the Government has taken notable steps that will improve standards of living for women. The new partnership between Government and Civil Society Organizations (CSOs) under the current democratic dispensation has created the enabling environment for combating obstacles to the elimination of all forms of discrimination against women in the country.

APPENDIX I

FEDERAL MINISTRY OF WOMEN AFFAIRS AND YOUTH DEVELOPMENT

CALL FOR INPUTS:

NIGERIAN 4^TH AND 5^TH CONVENTION ON THE ELIMINATION OF

ALL FORMS OF DISCRIMINATION AGAINST WOMEN (CEDAW)

COUNTRY REPORT

The Federal Ministry of Women Affairs and Youth Development is currently compiling Nigerian’s 4^th and 5^th Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW) Country Report for submission to the United Nations Committee on the Elimination of All Forms of Discrimination Against Women by July 2002.

This advert is to invite Federal, State and Local Government Establishments, Academic Institutions, Development Agencies, Media Organizations, Corporate Organizations, Non-Governmental Organizations, Civil Society Groups, Individuals and the General Public to forward their inputs on the implementation of the United Nations CEDAW to the address below.

Such inputs should include reports, statistics, data and impact assessment of programmes; positive and negative outcomes of interventions, social reforms, legislation and projects undertaken since 1994. The focus of your submission should cover the under-listed articles/issues as contained in the CEDAW Document:

Article 1: Definition of Discrimination Against Women

Article 2: Obligation to Eliminate the Discrimination.

Article 3: Development and Promotion of Women.

Article 4: Acceleration of Equality with Men and Women.

Article 5: Sexes Roles and Stereotypes.

Article 6: Abolition of Women Exploitation.

Article 7: Political and Public Life.

Article 8: International Representation and Participation

Article 9: Nationality.

Article 10: Education

Article 11: Employment

Article 12: Equality in Access to Health Care.

Article 13: Social and Economic Benefit

Article 14: Women in Rural Area.

Article 15: Equality Before the Law and Civil Matters.

Article 16: Equality Before the Law — Marriage and Family.

In addition, submission of reports on innovations and best practices that have positively enhanced the situation and well being of women at the National, State or Community level are welcome.

All submissions must be typed and forwarded by hand, postal or Electronic mail not later than 28^th February 2002, to reach the

CEDAW TECHNICAL SECRETARIAT

C/o The Director, Women Affairs Dept., Room 021

Federal Ministry of Women Affairs and Youth Development

Federal Secretariat Complex

Shehu Shagari Way, Maitama

P.M.B. 229

Garki — Abuja

Nigeria

E-mail: ngcedaw@yahoo.com

or

FMWA&YD CEDAW TECHNICAL SECRETARIAT

C/o The Regional Director

UNIFEM

11, Oyinkan Abayomi Close

Ikoyi, Lagos

Further clarifications and inquires can be obtained by phone on 234-9-5237113. Collated inputs shall be reviewed at an NGO Forum to be convened before the end of May 2002.

APPENDIX II

LIST OF SELECTED NON-GOVERNMENTAL ORGANIZATIONS

Agape Is a Birthright

Anambra Women Awareness Committee (AWAC)

BAOBAB for Women’s Right

Catholic Women Organization (CWO)

Centre for Advanced Social Science (CASS)

Centre for and Advancement Empowerment (CWAE)

Centre for Training and Gender Activities

Child Care Trust

Civil Resource Development & Documentation Centre (CIRDDOC)

Committee for Defense of Human Rights (CDHR)

Community Partner for Development (CPD)

COWDEF (Champions of Women Development Foundation)

Daughters of Abraham Foundation

Federation of Akwa-Ibom Women Association (FAIWA)

Federation of Muslim Women’s Associations (FOMWAN)

FORWARD

Gender Action Team (GAT)

Gender Advancement Development Action (GADA)

Gender and Action Team (GAT)

Gender and Development Action (GADA)

Girl Power Initiative (GPI)

International Federation of Women Lawyers (FIDA)

Justice Development and Peace Commission

Legal Defense and Assistance Project (LEDAP)

Legal Research and Resource Development Centre (LRRDC)

National Association of Small Scale Industrialists

National Association of Women Journalist (NAWOJ)

National Council of Women Societies (NCWS)

National Youth Aids Programme (NYAP)

National Association of Women Entrepreneurs (NAWE)

Niger Delta Wetland Organisation

Niger Delta Women for Justice

Nigeria Labour Congress (NLC)

Northern Cross River Women Association

Project Alert on Violence Against Women (PAVAW)

Shelter Rights Initiatives (SRI)

Society for the Welfare of Women Prisoners (SWEP)

Society of Women with Aids in Nigeria (SWAAN)

Women Aid Collective (WDCOL)

Women’s Consortium of Nigeria

Women in Law and Development Africa (WILDAF)

Women In Nigeria (WIN)

Women Minority Rights Monitors (WMRM)

Women Opinion Leaders Forum (WOLF)

Women Right and Development Centre (WORDEC)

Women Trafficking and Child Labour Eradication Foundation (WOTCLEF)

Women, Law and Development Centre, Nigeria (WLDCN)

Women’s Rights Advancement and Protection Alternative (WRAPA)

Youth Sustenance for Democratic Governance (YSDG)

REFERENCES