United Nations calls on Nigeria to urgently adopt laws protecting women’s rights: «Bills are not enough»

08/08/2008
Press release

The International Federation for Human Rights (FIDH) and its member organisation in Nigeria, the Civil Liberties Organisation (CLO) welcome the strong recommendations issued by the UN Committee on the Elimination of Discrimination Against Women (CEDAW Committee) to Nigeria, calling for urgent measures to protect women’s rights CEDAW recommendations to Nigeria: [1]. Our organisations appeal to the Nigerian government to take immediate steps for their implementation.

In July 2008, on the occasion of its 41st session, the CEDAW Committee examined the measures taken by Nigeria to ensure respect for women’s rights, in accordance with its obligations under the Convention for the Elimination of All Forms of Discrimination Against Women (CEDAW Convention). CLO, as part of a coalition of NGOs, submitted a report to the Committee’s experts, revealing the persistent failure of Nigeria to domesticate and implement the Convention, and consequent lack of progress to combat widespread discrimination against women [2] These concerns are largely reflected in the recommendations of the CEDAW Committee.

The Committee expressed deep concern at the persistent failure by Nigeria to enact a law to ensure that CEDAW is enforceable before national courts and critised the rejection, by the National Assembly, of the 2005 draft Bill on the full domestication of the Convention. In addition, the country’s tripartite legal system (statutory, customary and sharia laws) contributes to contradictions and inconsistencies, particularly in the areas of marriage and family law (divorce, custody of children, inheritance...).The CEDAW Committee thus urged Nigeria "to intensify its efforts to ensure the passage of the draft bill on domestication of the Convention" and called for its full implementation in a "consistent and coherent manner across its territory".

The Committee criticised the retention of express discriminatory legal provisions in the country’s statute as the Constitution which prohibits women from transferring their nationality to a foreign spouse. The Committee drew particular attention to discriminatory provisions in the Penal Code and the Labour Act. The Committee called for a thorough review of all discriminatory laws and for a concrete timetable to be set for their reform.

The Committee also expressed serious concern about the persistence of entrenched harmful traditional and cultural norms and practices, calling on Nigeria to take immediate measures to eliminate such practices, including by adopting necessary legislation. A law is required to criminalise female genital mutilation, a practice which remains widespread in some areas of the country. More generally, Nigeria must address the continuing prevalence of violence against women, including domestic violence. The Committee called on Nigeria to urgently enact legislation criminalising all forms of violence against women, ensure that victims of violence have access to immediate means of redress and protection and that perpetrators are prosecuted and punished.
The Committee underlined its deep concern about the extent of trafficking in women and children, which remains prevalent despite the adoption of the Trafficking in Persons Law Enforcement and Administration Act in 2003, and urged the Government to implement this law and to take all necessary measures to prevent trafficking, prosecute and punish offenders and provide reparation to victims.

"In Nigeria, discriminatory laws, harmful traditional practices and violence against women, and the absence of effective implementation and monitoring system of even the present inadequate laws create a context of systematic violations of women’s rights. This is why there is an urgent need for the State to comply with its international commitments by domesticating and implementing the provisions of the CEDAW Convention. We deplore the fact that, although a number of draft laws on the elimination of discrimination and violence against women have been proposed by the government, the majority have been rejected or remain pending before the National Assembly. We need laws, not only bills!" declared Favour Irabor, a staff of CLO who participated in the Committee’s session with the support of FIDH.

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