1

Women’s Political Representation In : Why Progress is Slow and What can be done to Fast-track it Women’s Political Representation In Nigeria:

Why Progress is slow and What can be done to Fast-track it

PLAC: Policy and Legal Advocacy Centre (PLAC) is a non-governmental organisation committed to strengthening democratic governance and citizens’ participation in Nigeria. PLAC works to enhance citizens’ engagement with state institutions and to promote transparency and accountability in pol- icy and decision-making processes. The main focus of PLAC’s intervention in the democratic gover- nance process is on building the capacity of the legislature and reforming the electoral process. Since its establishment, PLAC has grown into a leading institution with capacity to deliver cutting-edge research, policy analysis and advocacy.

Researchers: Nkwachukwu Orji, PhD (Lead Researcher) Chukwuemeka Orji Oluchi Agbanyim Editing: PLAC Acknowledgements: PLAC acknowledges the support of the Ford Foundation in the production of this report. Cover Design: PLAC © PLAC 2018. ISBN: 978-978-966-648-5

Website: www.placng.org Email: [email protected] Phone: +2348091899999

www.facebook.com/placng

@placng

@placng

This work is licensed under the Creative Commons Attribution 4.0 International License. To view a copy of this license, visit http://creativecommons.org/licenses/by/4.0 TABLE OF CONTENTS

EXECUTIVE SUMMARY 1

INTRODUCTION 4

THE PARITY DEBATE 10

OBSTACLES TO WOMEN’S POLITICAL REPRESENTATION 19

EFFORTS TO IMPROVE WOMEN’S POLITICAL REPRESENTATION 28

WHY WOMEN’S POLITICAL UNDERREPRESENTATION PERSISTS 37

CONCLUSION: WHAT SHOULD BE DONE 43

APPENDIX I 56

APPENDIX II 65

APPENDIX III 75

APPENDIX IV 92

REFERENCES 93 EXECUTIVE SUMMARY This study analyses the fundamental issue of women’s political representation in Nigeria. It explores the various causes of low women representation in Nigeria and utilizes political theories on descriptive and substantive representation to buttress submissions on the debate. It posits that women’s role in the country’s socio-economic and cultural landscape appears to be increasing; but that this has not translated to greater inclusion of women in the political process

Predominantly, the study utilised secondary data generated from extant literature. This was complemented by primary data generated through the use of survey questionnaires and Key Informant Interviews from serving and past legislators and civil society activists.

The study finds that the past two decades have witnessed an impressive rise in women’s political representation around the world, with the global average in the share of women in national parliaments doubling during that time, and all regions making substantial progress towards the goal of 30 percent women’s representation in decision making. It further finds that while the rate of increase in the political representation of women has been fast in Africa with four of the world’s top 10 countries, in terms of women’s share of single or lower house of parliament, being Sub-Saharan African countries (Rwanda, Seychelles, Senegal, and South Africa), Nigeria has achieved little progress in this regard.

The argument is made that slow progress with women’s political representation in Nigeria is intimately connected with the diagnosis of the problem - how the problem of women’s underrepresentation is perceived and understood as well as the strategies adopted to address it. Here, the study shows how efforts to address women’s political underrepresentation in Nigeria have typically focused on expanding women’s political resources and how these efforts have produced marginal results and incremental change.

1

Women’s Political Representation In Nigeria: Why Progress is Slow and What can be done to Fast-track it The study goes further to present efforts by various stakeholders as well as civil society interventions on improving the political representation of women. It analyses the use of quotas by various countries and the extent to which it has been successful. It argues that there is a growing consensus that Nigeria’s federal system, its local and regional settings provide a platform for emerging female politicians to garner experience in all the main aspects of political activity, including running for elections, dealing with social and economic stakeholders, and taking decisions affecting the life of a community.

To fast-track progress towards gender parity in political representation, this study proposes that stakeholders should see women’s political underrepresentation as a question of discrimination against women, rather than that of women’s lack of resources, locating the responsibility for dealing with the issue of political underrepresentation of women squarely with the political institutions.

Based on the analysis, the study recommends the following, amongst others: • The introduction of electoral gender quota for the recruitment and election of female candidates as the most appropriate institutional change required to enhance women’s political representation. Related to this is the adoption of strong quota regulations and sanctions for non-compliance. • Introduction of proportional representation with multiple-member constituencies, as this has been found to be favourable to promoting equal opportunities for women and men candidates. • Adoption of legislation and policies supporting a more gender-balanced representation in elected bodies at local and regional levels. • Adoption and implementation of gender action plans by Political Parties • Review of internal rules and procedures of Federal and State legislatures, including the facilities and working conditions, rules for leadership recruitment, etc. to encourage more inclusive participation.

2

Women’s Political Representation In Nigeria: Why Progress is Slow and What can be done to Fast-track it “The achievement of democracy presupposes a genuine partnership between men and women in the conduct of the affairs of society in which they work in equality and complementarity, drawing mutual enrichment from their differences”.

-The Universal Declaration on Democracy adopted by the Inter-Parliamentary Union in September 1997.

3

Women’s Political Representation In Nigeria: Why Progress is Slow and What can be done to Fast-track it 1 INTRODUCTION

The past two decades have witnessed an impressive rise in women’s political representation around the world, with the global average in the share of women in national parliaments doubling during that time, and all regions making substantial progress towards the goal of 30 percent women’s representation in decision making1 (IPU, 2015). Nowhere in the world has the rate of increase in the political representation of women been as fast as in Sub-Saharan Africa. In 1995, no African country had elected more than 30 percent women to their single or lower houses, but by 2015, twelve countries elected more than 30 percent women to such legislative houses, five elected more than 40 percent; while one (Rwanda) elected more than 60 percent (IPU, 2015: 6). Since 2003, Rwanda has maintained the record as the country with the highest female legislative representation in the world, surpassing the Nordic countries (Tripp, 2003). Four of the world’s top 10 countries, in terms of women’s share of single or lower house of parliament, are in Sub-Saharan Africa: Rwanda, Seychelles, Senegal, and South Africa.

“ Four of the world’s top 10 countries, in terms of women’s share of single or lower house of parliament, are in Sub-Saharan Africa: Rwanda, Seychelles, Senegal, and South Africa.”

While some African countries are making giant strides in women’s political representation, others like Nigeria have achieved very little progress. Since 1999 when Nigeria returned to civil rule, the country has conducted five general elections

1 In 1995, delegates to the (UN) Fourth World Conference on Women unanimously signed the Beijing Platform for Action. The Platform set a 30 percent target for women in decision making.

4

Women’s Political Representation In Nigeria: Why Progress is Slow and What can be done to Fast-track it (in 1999, 2003, 2007, 2011, and 2015), of which the record of women’s political representation has been somewhat mixed. As table 1 illustrates, Nigeria achieved the highest percentage (7.0 percent) of women’s representation in the lower parliament (the House of Representatives) in 2007 after the dismal record of 3.4 percent and 4.9 percent in 1999 and 2003, respectively. However, the figures declined to 6.8 percent and 5.6 percent in 2011 and 2015. It should be noted however, that following the conclusion of a number of election petition cases by 2017, the figure went up to 6% (22 in the House of Representatives and 7 in the Senate).

TABLE 1: WOMEN IN NIGERIAN PARLIAMENT

World House of Representatives Senate Ranking Elections Seats Women % Elections Seats Women % 181 03.2015 360 20 5.6 03.2015 109 7 6.5 125 04.2011 360 24 6.8 04.2011 109 7 6.4 117 04.2007 360 25 7.0 04.2007 109 9 8.3 107 04.2003 360 17 4.9 04.2003 109 3 2.8 104 02.1999 360 12 3.4 02.1999 109 3 2.8

Source: Inter-Parliamentary Union, “Women in National Parliaments”

Lack of progress with women’s political representation in Nigeria is surprising considering that women’s role in the country’s socio-economic and cultural landscape appears to be increasing; and it is expected that the increasing role of women in the society would translate to greater inclusion of women in the political process. Ibeanu (2009: 2-3) identified four major socio-economic and cultural changes with potentials to positively transform women’s political representation in Nigeria. The first is the growing “voice” and rising profile of women in the economy, community work and various spheres of professional and public engagements. The second is the gradual but steady withering of cultural restrictions on the perception of women in public affairs since the last three decades. The third is the rapid expansion in the work of activist women organizations supporting increased participation of women in politics and a resultant rise in the number of women joining politics and standing for elections. While the fourth is the increasing tendency of women to take up economic roles in the family previously reserved for men and to question the myth of the “male- as-breadwinner” in many middle and low income families.

5

Women’s Political Representation In Nigeria: Why Progress is Slow and What can be done to Fast-track it “Lack of progress with women’s political representation in Nigeria is surprising considering that women’s role in the country’s socio- economic and cultural landscape appears to be increasing; and it is expected that the increasing role of women in the society would translate to greater inclusion of women in the political process”

Generally, Nigeria has a policy environment that would appear to support gender equity. Firstly, the country is a signatory to most of the international conventions on and women empowerment. Secondly, successive governments in the country have established a vibrant institutional structure for the development and implementation of gender policies, coordinated by the Federal Ministry of Women Affairs with desk officers for each sector, and corresponding Women Affairs Officers in each government ministry. Thirdly, there seems to be a widespread appreciation of gender issues as both government and non-governmental organizations emphasize in their activities.

Although the prospect for increased representation of Nigerian women in political leadership appear strong, a look at the data on the political representation of women in Nigeria indicate that gender gains of the last decade have not reflected in the level of women’s representation in political leadership. The question, then, is why does the gender gap in political representation continue to exist even when the socio-economic and cultural landscape in Nigeria favours greater political representation of women? Why have the efforts to address the political marginalization of women failed to improve their level of representation in Nigerian politics? And what measures should be taken to ensure that women are better represented in Nigeria?

This study argues that slow progress with women’s political representation in Nigerian is intimately connected with the diagnosis of the problem - how the problem of women’s underrepresentation is perceived and understood as well as the strategies

6

Women’s Political Representation In Nigeria: Why Progress is Slow and What can be done to Fast-track it adopted to address it. The problem of women’s political underrepresentation in Nigeria is seen, strictly, as a question of women’s lack of resources. Discussion of barriers to women’s participation in politics focus largely on issues that diminish women’s political resources and undermine their capacity to engage in politics. These issues include traditional values and norms, community expectations, conservative family upbringing, lack of good education, lack of work or professional experience, structural and physical , and discriminatory roles assigned to women in the political parties. Efforts to address women’s political underrepresentation in Nigeria have typically focused on expanding women’s political resources by, among other things, educating women, mentoring them, expanding their networks, and providing them with financial assistance. As experience has shown, these efforts have produced marginal results and incremental change.

To fast-track progress towards gender parity in political representation, this study suggests that stakeholders should see women’s political underrepresentation as a question of discrimination against women, rather than that of women’s lack of resources. The study claims that direct and indirect mechanisms of exclusion are at work in the society in general, and that these mechanisms of exclusion have had a special impact on women’s participation in the political process. From this perspective, the strategy for addressing women’s political underrepresentation should focus on changing how the political institutions themselves work, rather than on adjusting the resources and capacities that women do or do not possess. This approach, therefore, locates the responsibility for dealing with the issue of political underrepresentation of women squarely with the political institutions. This study considers the introduction of electoral gender quota for the recruitment and election of female candidates as the most appropriate institutional change required to enhance gender equity in political representation.

Furthermore, the study argues that greater political representation of women should begin at the local and regional levels. This means that activists and the Nigerian government should initiate legislation that would establish a more gender-balanced representation in elected bodies at local and regional level by, perhaps, requiring that at least one third of candidates in local and state assembly elections be women. Such

7

Women’s Political Representation In Nigeria: Why Progress is Slow and What can be done to Fast-track it a law would ensure both a better representation of the diversity of population and an opportunity for women and men to develop a political career on an equal footing.

Finally, this study suggests roles for institutions such as political parties and civil society groups in enhancing women’s political representation. Among other things, political parties should adopt and implement party-specific gender quotas, informal targets, and other positive action mechanisms at all levels of office, including for internal party positions. On the other hand, civil society groups have an important role to play in conducting information and awareness-raising campaigns to encourage women to stand for election, and in running capacity-building programmes to support women in this process. These actors can contribute to developing the skills, experience, knowledge and the resources of women in the pipeline for elected office and once they enter.

8

Women’s Political Representation In Nigeria: Why Progress is Slow and What can be done to Fast-track it High

Low

There is currently a low representation of women at all levels of government in Nigeria

placng www.placng.org #UnderRepresented

9

Women’s Political Representation In Nigeria: Why Progress is Slow and What can be done to Fast-track it 2 THE GENDER PARITY DEBATE

The discourse on equal representation of women in politics is long-standing and well-established. Scholars generally approach the issue of political representation from four main dimensions: formalistic, symbolic, descriptive, and substantive (Pitkin, 1967; Schwindt-Bayer and Mishler, 2005). Among the various dimensions of political representation, most feminist studies focus on descriptive and substantive representation (Mansbridge, 1999; Phillips, 1998). While descriptive representation implies compositional similarity between representatives and the represented - for example, women represent women, Christians represent Christians, and farmers represent farmers; substantive representation refers to the congruence between representatives’ actions and the interests of the represented (Schwindt-Bayer and Mishler, 2005: 407). The main question in the discourse is, therefore, whether and why it matters that women should represent women. More specifically, whether the election of more women to leadership positions will ensure a greater representation of the group.

“The main question in the discourse is, therefore, whether and why it matters that women should represent women. More specifically, whether the election of more women to leadership positions will ensure a greater representation of the group.”

Arguments against descriptive representation are extensive, and are expressed mainly by normative democratic theorists. The most common argument against descriptive representation claims that too much emphasis on who a representative is (women’s descriptive representation) may divert attention from the more serious question of what

10

Women’s Political Representation In Nigeria: Why Progress is Slow and What can be done to Fast-track it the representative actually does (women’s substantive representation). In the words of Hanna Pitkin (1967: 209), “it is the activities rather than the characteristics that matter, and what happens after the action rather than before it that counts. Representing means acting in the interests of the represented, in a manner responsive to them”. Hanna Pitkins (1967) further argues that representatives may and almost certainly will differ from those they act for, not only in their social and sexual characteristics, but also in their understanding of where the “true” interests of their constituents lie. The most crucial element of representation, therefore, is the requirement for responsiveness. According to Pitkins (1967: 233), “there need not be a constant activity of responding, but there must be a constant condition of responsiveness, of potential readiness to respond.”

In addition to moving attention away from the more serious question of what the representative actually does, critics of descriptive representation insist that it promotes “essentialism” – the assumption that members of certain groups have an essential identity that all members of that group share and of which no others can partake (Mansbridge, 1999). Essentialism assumes that there is a single or essential trait, or nature, that binds every member of a descriptive group together, giving them common interests that, in the most extreme versions of the idea, transcend the interests that divide them. The thinking that all women share an essential quality of “womanness” is deeply entrenched in the mind of many women activists. Some activists believe that there are particular needs, interests, and concerns that arise from women’s experience, and that these will be inadequately addressed in a polity that is dominated by men (Phillips, 1998: 233).

Opposing voices have, however, maintained that it is illusory to think of women as a class-homogenous category, suggesting that some women are less privileged than others, and some may have needs, interests, and concerns that are quite different from those of the more privileged group. They claim that essentialist thinking pushes some activists into not only refusing to recognize major lines of cleavage among women, but also assimilating minority or subordinate interests in the dominant ones without even recognizing their existence. A large body of feminist studies has maintained that

11

Women’s Political Representation In Nigeria: Why Progress is Slow and What can be done to Fast-track it essentialist thinking ignores important differences among women and at the same time overlooks men as potential actors on behalf of women as a group. They further claim that insisting that others cannot adequately represent the members of a descriptive group also implies that members of that group cannot adequately represent others (Mansbridge, 1999, Childs and Krook, 2006).

Other criticisms of the idea of descriptive representation point to its potential to limit accountability and erode ties of unity. Mansbridge (1999) observed that the idea of descriptive representation embodies an accountability deficit in that the descriptive characteristics of a representative can mislead the public into thinking that their substantive interests are represented even when that is not the case. Nevertheless, the danger of blind loyalty associated with descriptive representation may be mitigated as more descriptive representatives are elected, allowing constituents to compare more easily the performance of their representatives. A final criticism of descriptive representation claims that it may erode the ties of unity across a nation, or political party, because it encourages citizens to, first of all, see themselves as members of a subgroup (Mansbridge, 1999).

Although arguments against descriptive representation are many, the idea sits well with many advocates of gender parity in political representation. Proponents of descriptive representation emphasize the need for a resembling composition between the representatives and the represented to ensure that the representatives would act the way the represented would. Underlying the support for descriptive representation is the assumption that numbers matter: an increase in women’s descriptive representation will generally translate to an increase in their substantial representation, especially on women’s policy issues. In other words, women’s substantial representation requires a ‘critical mass’ of women to be actualized. The theory of critical mass is based on the belief that it takes a certain minimum representation, for example, 30 percent, before a minority group like women is able to make substantial difference in politics (Dahlerup, 2006a). The argument, therefore, is that it was unrealistic to expect major

12

Women’s Political Representation In Nigeria: Why Progress is Slow and What can be done to Fast-track it changes until women’s representation had reached a critical mass, because a small number of women in politics tend to be tokens.

Supporters of descriptive representation make four major claims to argue their case: the justice claim, the women’s interest claim, the rights claim, and the added value claim.

The Justice Claim

The most common argument for gender parity in political representation centers on the question of justice and fairness. Proponents of the argument utilize numbers in making the case that since women are half of the global population, they should enjoy similar level of equality in political representation. They insist that if there were no obstacles to women’s political representation, one would expect positions of political leadership to be randomly distributed between both sexes and across other social groups that constitute the society. In this sense, justice requires the elimination of all forms of intentional or structural impediments to women’s representation. As Anne Phillips (1998) observed, underlying the justice argument is a perception of the underrepresentation of women in politics as similar to their underrepresentation in management of the professions, and in this way, equating being a politician with all those other careers that should be opened up equally to women. For Phillips, however, being a politician is not just another kind of job but a vocation of which individuals must enlist based on conviction. Nonetheless, in a country like Nigeria where political office has been reduced to yet another favourable and privileged position, there is then a strong ground, from the justice point of view, for making such office equally available to women.

Women’s Interest Claim

The second argument for increased women’s political representation states that there are particular needs and interests that arise from women’s experience that will not be adequately addressed in a male dominated polity and which universal adult suffrage have not proved strong enough to tackle. This argument is grounded on the notion

13

Women’s Political Representation In Nigeria: Why Progress is Slow and What can be done to Fast-track it that women occupy a distinct position in the society considering that they are typically concentrated mainly in lower-paid jobs, and that they carry the primary responsibility for the unpaid work of caring for others. This perspective, therefore, claims that addressing women’s representation requires, in addition to universal suffrage, gender parity among those elected to office.

The Rights Claim

The rights argument states that providing opportunities for women and men to participate equally in all political processes is a obligation, and that respect for these rights brings greater democratic legitimacy and increases the likelihood of inclusive governance. The rights argument is based on international human rights and gender-equality standards endorsed by various states, which enshrine equal rights for women and men and promote gender equality, as well as the international standards and principles governing the functioning of democratic institutions. The 1948 Universal Declaration of Human Rights (UDHR) enshrines “equal rights of men and women”, including the right to participate in government.2 The Declaration lays the foundation for other international commitments in the area of women’s rights. The most comprehensive articulation of these rights is contained in the 1979 United Nations (UN) Convention on the Elimination of All Forms of Discrimination against Women (CEDAW).3 The 1995 UN Beijing Declaration and Platform for Action expanded CEDAW by mandating Member States to “take measures to ensure women’s equal access to and full participation in power structures and decision-making.” Similarly, the United Nations Millennium Declaration, adopted in 2000, contains a statement of values and principles, as well as eight specific goals – known as the Millennium Development Goals (MDGs) – with related targets, which constitute an international agenda for the twenty-first century. In it, UN Member States agreed to “promote gender equality and the empowerment of women as effective ways to combat poverty,

2 See Article 21 of the United Nations (UN) Universal Declaration of Human Rights (UDHR), 1948.

3 See Article 7 of the United Nations (UN) Convention on the Elimination of All Forms of Discrimination against Women (CEDAW), 1979.

14

Women’s Political Representation In Nigeria: Why Progress is Slow and What can be done to Fast-track it hunger and disease and to stimulate development that is truly sustainable.” Fulfilling Goal 3 – to promote gender equality and empower women – is widely recognized as essential to achieving the other seven Millennium Development Goals. The successor programme to the Millennium Development Goals (MDGs), which is the Sustainable Development Goals (SDGs) adopted in 2015, has 17 main goals of which Goal 5 seeks to “achieve gender equality and empower all women and .” Women activists have used these international obligations, standards and instruments to advance their case for increased women’s representation in political leadership positions.

The Added Value Claim

Argument for gender parity in political representation has shifted from the justice, interest, and rights claims to a more pragmatic added value argument. This shift is an attempt to persuade individuals and organizations that do not accept the justice, interest, and rights arguments with an appeal to their particular interests. The added value argument therefore takes an incentive-based approach by persuading political parties and political party leaders in particular, to support political participation of women. The idea here is that leaders are more likely to be convinced if they see that increased presence of women in political office can help parties compete more effectively and draw attention to the party’s policy issues that may secure greater support from the electorate.

This approach is rooted in two main arguments: the “difference” argument, and the “pragmatic” or “utilitarian” argument (Lovenduski, 2005; Childs, Lovenduski and Campbell, 2005). The difference argument posits that women and men bring different perspectives, views and experiences to the table that can enrich political and policy debate, and that only through full and fair representation will these differences be taken into account in political policy – and decision-making. On the other hand, the “pragmatic” argument outlines the benefits parties stand to receive by including more women in their power structures. These benefits include greater electability, legitimacy, as well as the broader array of skills, knowledge and expertise that women bring. Studies have identified four major benefits that parties and party leaders

15

Women’s Political Representation In Nigeria: Why Progress is Slow and What can be done to Fast-track it can derive from increasing the number of women among political party members, decision makers and candidates for elected office: a) improving a political party’s public image and reputation; b) enhancing political party platforms and policy agendas; c) strengthening political party electoral strategies; and d) combat falling party membership (OSCE/ODIHR, 2014).

Several development agencies have argued that women’s political representation also results in tangible gains for democracy in general, including greater responsiveness to citizens needs, increased cooperation across party and ethnic lines, and more sustainable peace. Drawing from research, they claim that increasing women’s representation has a distinct impact on the policy priorities of elected representatives, making it critical that women are present in politics to represent the concerns of women and other marginalized voters and help improve the responsiveness of policy making and governance (Craig, Wiseman and Wittmer, 2010). The specific positive and democratic impacts of increasing the number of women political representatives on communities and citizens’ lives include the following: • It has been demonstrated that women tend to work across party lines, even in highly partisan environments. Research shows that women’s leadership and conflict resolution styles embody democratic ideals and that women tend to work in a less hierarchical, more participatory and more collaborative way than male colleagues (Rosenthal, 2001; Shevchenko, 2002; Karam and Lovenduski, 2005) • Women representatives are perceived as more sensitive to community concerns and more responsive to constituency needs (Anzia and Berry, 2011). Research shows that women lawmakers tend to see “women’s” issues more broadly as social issues, possibly as a result of the role that women have traditionally played as and caregivers in their communities (O’Connor, 2003), and that more women see government as a tool to help serve underrepresented or minority groups (Camissa and Reingold, 2004). • Women representatives tend to prioritize education, health and other key development indicators (Jones, 1997; Chen, 2009; Beaman, 2007). This implies that when women are empowered as political leaders, countries are likely to

16

Women’s Political Representation In Nigeria: Why Progress is Slow and What can be done to Fast-track it experience higher standards of living as positive developments can be seen in education, infrastructure and health. • Women are deeply committed to peace building and post-conflict reconstruction and have a unique and powerful perspective to bring to the negotiating table (ICG, 2006; Chinkin, 2003). Perhaps, because women suffer disproportionately during armed conflicts, they often advocate most strongly for stabilization, reconstruction and the prevention of further conflict (Strickland and Duvvury 2003; WWI, 2007).

Next to the arguments against women’s descriptive representation, one must weigh the case for increased women’s representation based on justice, women’s interests, rights, and added value claims. The claims for increased women’s political representation are made against the backdrop of political marginalization of women and in view of the lost benefits that could have been derived from the full representation of women in politics. These lost benefits are summed up by Madeleine Albright in the following way: “the world is wasting a precious resource in the dramatic under-representation of women in leadership positions, often resulting in the exclusion of women’s talents and skills in political life” (UNICEF, 2007).

17

Women’s Political Representation In Nigeria: Why Progress is Slow and What can be done to Fast-track it N N N N N

Patriarchy, Violence, Religious and Cultural stereotypes and Financial Constraints are a few of the issues that affect women’s participation in politics.

18

Women’s Political Representation In Nigeria: Why Progress is Slow and What can be done to Fast-track it 3 OBSTACLES TO WOMEN’S POLITICAL REPRESENTATION

If full representation of women in politics has specific and society-wide benefits as the previous section suggests, then, why has it been difficult to overcome women’s political under-representation? This section analyzes the factors responsible for gender disparity in political representation in Nigeria. Gender disparity in political representation in Nigeria is the result of a complex mix of factors. We categorize these factors into socio-cultural and economic as well as political factors.

“Scholars argue that women find it difficult to break into political positions because they are generally disadvantaged by gender ideology, cultural patterns, and predetermined social roles assigned to women and men as well as low literacy, poor childcare, inadequate health care, and poverty.”

Socio-cultural and economic factors

Accounts of women’s political marginalization commonly assign a critical role to Nigeria’s socio-cultural and economic system in determining the eligibility pool for elected office (Aina, 2003; Nwankwo, 1996; Okonjo 1981). Scholars argue that women find it difficult to break into political positions because they are generally disadvantaged by gender ideology, cultural patterns, and predetermined social roles assigned to women and men as well as low literacy, poor childcare, inadequate health care, and poverty. It has long been assumed that traditional anti-egalitarian attitudes toward gender slow down the political advancement of women. Studies of political recruitment in established democracies found that these attitudes influence both whether women are prepared to come forward as candidates for office (the supply side) and the criteria 19

Women’s Political Representation In Nigeria: Why Progress is Slow and What can be done to Fast-track it that are used by political gatekeepers when evaluating candidates (the demand side) (Norris, 1998; Norris and Lovenduski, 1995). In cultures with traditional attitudes toward gender roles, many women may be reluctant to run and, if they seek office, may fail to attract sufficient support to win. A study by the Inter-Parliamentary Union (IPU) found that female politicians in many countries cited hostile attitudes toward political participation by women as one of the most important barriers to running for parliament (IPU, 2000).

There is a consensus in the literature that generally in Africa, women are socialized into passive civic and political roles in the family. This is then subsequently reinforced by the wider society based on cultural precepts that portray publicly active women as cultural deviants. In Nigeria, women political leaders are not just seen as cultural deviants, but there is very little public confidence in their capacity to perform. The World Values Survey (for the period 1994-2014), which measures support for gender equality in political leadership, shows a consistent conviction among the respondents that “on the whole, men make better political leaders than women do.”

FIGURE 1: SUPPORT FOR GENDER EQUALITY IN POLITICAL LEADERSHIP

Men make better Political Leaders than Women do

60%

0%

Year

Agree Strongly Agree Disagree Strongly Disagree No Answer Dont Know 20

Women’s Political Representation In Nigeria: Why Progress is Slow and What can be done to Fast-track it Many communities in Nigeria emphasize women’s traditional roles as mothers and housewives and restrict them to those roles. In communities where traditional, patriarchal value system is very strong, it favours sexually segregated roles and militate against the advancement, progress and participation of women in the political process. The gender role assigned to women defines their social and economic status in society, and this has a direct effect on their participation in political institutions and elected bodies. For example, literature emphasizes the importance of the pool of women in the professional, administrative, and managerial occupations that typically lead to political careers. It suggests that jobs in fields such as law and journalism commonly provide the flexibility, financial resources, experience, and social networks that facilitate running for elected office. However, the structure of the Nigerian economy is such that many women rely on a male breadwinner for survival due to their inability to independently earn a living. The implication of this, as proponents of the cooperative bargaining theory has observed, is that the ability of women to influence decisions at household level is essentially limited (Manser and Brown, 1980). With very little leverage over decision making at the household level, the capacity of women to participate in decision making at higher levels is equally constrained.

The capacity of Nigerian women to independently earn a living is particularly limited by their lack of access to decent employment. Available data show that Nigerian women have a limited access to formal employment: only 32.5 percent of women were employed in the (non-agricultural) private sector in 2007 (NBS, 2010), while the figures for the public sector show that the proportion of women employed in the sector between 2001 and 2004 did not exceed 30 percent (Fatile and Adejuwon, 2011: 115). Barriers to formal employment for women can be traced to the reproductive roles they play, which often lead them involuntarily to accept low quality, poorly paid, part- time but relatively flexible employment. Reproductive roles also mean that women often forgo promotion to higher paid jobs if these involve anti-social hours or frequent travel away from their families (British Council, 2012: 19). Lack of access to gainful employment means that many women fail to enjoy the regularity and predictability of income that formal employment offers as well as access to assets like bank finance, old age pension, social security (health insurance), union representation, and other benefits that depend on having a formal job. 21

Women’s Political Representation In Nigeria: Why Progress is Slow and What can be done to Fast-track it To be sure, it is difficult for women to participate in political life when their major concern is survival, and where they have no choice but to spend much of their time trying to meet the basic needs of their families. The persistent economic crisis that Nigeria has been experiencing since the 1980s has led to far reaching deterioration of the conditions of families across middle and lower classes of the society. As a result, women have had to increasingly take up economic roles in the family previously reserved for men. This situation is accentuated by the increase in the number of female-headed households, where death or absence of male heads of households has forced women to assume the bread-winner role.4 In families where women have formal employment (e.g. as teachers, lawyers or doctors), they tend to combine them with their full-time role as wives and mothers. Participating in politics under these conditions might then be considered a third full-time job.

“To be sure, it is difficult for women to participate in political life when their major concern is survival, and where they have no choice but to spend much of their time trying to meet the basic needs of their families”

Women’s political representation in Nigeria is further constrained by the level of education and training that many women receive. Although the gender gap in educational enrolment is closing, studies reveal that the gross enrolment ratio of girls is still significantly lower than that of boys. The UNESCO EFA Monitoring Report for 2008 puts disparity in the net enrolment ratio between boys and girls in primary schools at 68 percent and 59 percent, respectively (UNESCO, 2008). The report also indicates that girls’ completion rates are generally lower than that of boys; some States in the North, such as Jigawa, recorded girls’ completion rates as low as 7.8 percent

4 Data on the number of female-headed households in Nigeria by years do not exist, however, anecdotal evidence indicate that such families are on the increase. See Center for , formerly the Center for Reproductive Law and Policy (CLRP), “Women’s Reproductive Rights in Nigeria: A Shadow Report, 1998”.

22

Women’s Political Representation In Nigeria: Why Progress is Slow and What can be done to Fast-track it (UNESCO, 2008). Apart from gender disparity in enrolment, studies also suggest that many female students underperform and do not obtain the qualifications that are expected. Figures suggest a decline in the number of female candidates who meet the threshold of five credits, including credits in English Language and Mathematics, which are crucial to further education and training in Nigeria. Several reasons are given for the poor enrolment and performance of female students. These include inability to pay school fees, bullying in schools, lack of water and sanitation facilities at schools, early marriage, parental disapproval of the secular curriculum, lack of regular attendance as a result of domestic and other health related issues, and poor quality teaching (Unterhalter and Heslop, 2011; Hunt, 2008).

“Although in general, there might not be any consistent correlation between education and women’s political representation, yet certain rules and practices of political recruitment in Nigeria point to the role of literacy in political representation”

Although in general, there might not be any consistent correlation between education and women’s political representation, yet certain rules and practices of political recruitment in Nigeria point to the role of literacy in political representation. Just to illustrate, the candidate nomination procedure for most political positions in Nigeria require a minimum level of literacy – at least completion of secondary education. This prevents women from registering as candidates for elections – one study claims that it disqualified up to 50 percent of aspirants for State Houses of Assembly elections (British Council 2012: 57). In addition to basic education, many women lack the political training required to participate effectively in the political arena. This leaves them with very little capacity such as political and interpersonal skills and knowledge, public speaking, organizing and coordinating campaigns, and advocacy and negotiation.

23

Women’s Political Representation In Nigeria: Why Progress is Slow and What can be done to Fast-track it Political factors

Political factors that constrain women’s political representation in Nigeria relate to political institutions and practice. Institutional accounts of women’s political underrepresentation lay emphasis on a country’s political system and some of its specific features such as the electoral system and presence of specific institutions such as gender quotas in party recruitment processes. This approach suggest that political rules of the game are the primary explanation for systematic differences in women’s representation among relatively similar societies, and that changing those rules is the most effective way to promote women’s participation in political leadership (Karam 1998).

Among institutional factors, the type of electoral system in place has been regarded as an important factor affecting women’s political presence. Many studies have demonstrated that far more women are elected under proportional party-list systems than under majoritarian single-member-district systems (Reynolds, Reilly and Ellis, 2005). The role of proportional representation in increasing women’s political representation cannot be generalized as cultural dissimilarities and differences in levels of social and economic development among countries may affect the relationship. Russia offers an interesting insight, where the weakly developed party system, the existence of many parties and blocs, the lack of confidence, and the tendency of political parties to marginalize women’s interests, worked together to neutralize the effect of proportional representation system on women’s political representation (Karam 1998).

“Among institutional factors, the type of electoral system in place has been regarded as an important factor affecting women’s political presence. Many studies have demonstrated that far more women are elected under proportional party-list systems than under majoritarian single-member-district systems ”

24

Women’s Political Representation In Nigeria: Why Progress is Slow and What can be done to Fast-track it Together with institutional factors, the nature of Nigerian politics is crucial in determining the level of women’s political representation in the country. It is well known that “Nigerian politics revolve around the distribution of oil money, whether officially (in the form of debates over oil-revenue allocation) or unofficially (as military and civilian politicians seek favour with those in a position to reward them with opportunities to ‘chop’)” (Human Rights Watch, 1999: 27). Nigerian politics is largely a struggle for the privatization of the state to the benefit of personal and sectional interests (Ake, 1985; Ekekwe, 1986; Orji, 2014). Since political outcomes are key in determining access to socio-economic opportunities and well-being, political contests are often characterized by cut-throat competition and conducted in ways that undermine the rule of law. In this way, elections are usually akin to war, and therefore, prone to manipulation and violence.

Antonia Okoosi-Simbine (2012) identified five key factors relating to the practice of politics in Nigeria which have constrained women’s political representation, namely: • Method of candidate nomination, which most times involve an expensive procedure requiring candidates to conduct their own campaigns. • Excessive use of money in politics, to procure support of party leaders and officials, and to encourage voters to support particular candidates. Since male aspirants are generally more affluent than female aspirants, many women are eliminated because they simply cannot match their male opponents. • Influence of party elders, who sometimes simply select, endorse and present a candidate supposedly to ease tension among contestants. • Deliberate obstruction, arising from arbitrary behaviour by party officials who may nominate candidates without an election; change the election rules or voting system without proper notice to candidates, change the venues for primary elections, hold unscheduled meetings in unannounced venues, rig elections and cause violence and use “zoning” and other criteria selectively to eliminate unwanted (often female) aspirants. • Violence, including physical violence, pressure, threat, and intimidation.

25

Women’s Political Representation In Nigeria: Why Progress is Slow and What can be done to Fast-track it Without a doubt, Nigerian politics leans toward the “masculine model” of political life in which men largely dominate the political arena by setting the rules of the political game and defining the standards for evaluation. It is obvious that the Nigerian political life is organized according to male norms and values, and in some cases, even male lifestyles. Therefore, successful political careers by women are predicated on serious adjustments in lifestyle that not many women can afford. Those that eventually end up in politics tend to operate in a political environment characterized by fear of intimidation, physical assault, name calling, whisper campaigns, and innuendos about moral standing. All of these make it difficult for many women to participate in the political process and emerge as political leaders.

“It is obvious that the Nigerian political life is organized according to male norms and values, and in some cases, even male lifestyles. Therefore, successful political careers by women are predicated on serious adjustments in lifestyle that not many women can afford”

26

Women’s Political Representation In Nigeria: Why Progress is Slow and What can be done to Fast-track it 6%

About 50% of the population in Nigeria is female and yet only about 6% of Federal legislative positions are occupied by women (Statistics as at 2018)

27

Women’s Political Representation In Nigeria: Why Progress is Slow and What can be done to Fast-track it 4

EFFORTS TO IMPROVE WOMEN’S POLITICAL REPRESENTATION

For several decades, the Nigerian government, civil society organizations, and the country’s development partners have made concerted efforts to overcome obstacles to women’s political representation. This section will take stock of these efforts. The earliest documented effort towards improving women’s political representation in Nigeria came in the form of institutional measures taken by the government to ensure increased women’s political representation. These institutional measures include constitutional amendments of 1979, 1992, and 1999, which prohibit any form of discrimination against women. The constitutional amendments guaranteed the right of women to participate in politics at all levels. Another major institutional measure to increase women’s political representation taken by the Nigerian government is the signing and ratification of the United Nations’ Convention on the Elimination of all forms of Discrimination against Women (CEDAW) on 23 April 1984 and 13 June 1985, respectively. Since the introduction of the Better Life Program for Rural Women (BLP) in September 1987, successive governments in Nigeria have come up with women’s empowerment programmes aimed at, among other things, improving the socio- economic and political status of women.

A key aspect of the institutional measures taken to increase women’s political representation is the establishment of the National Commission for Women in 1989. The Commission was later upgraded to the Ministry of Women Affairs in 1995 in response to the need to establish an institutional mechanism for the coordination of efforts aimed at advancing women’s affairs in the country. Within the institutional confines of the Ministry of Women Affairs, several legislative, policy and administrative

28

Women’s Political Representation In Nigeria: Why Progress is Slow and What can be done to Fast-track it measures have been taken to improve women’s political representation. One major policy measure taken in July 2000 was the adoption of the National Policy on Women. By 2006, the Federal Ministry of Women Affairs pushed for the adoption of the National Gender Policy to replace the previous one. Like the National Policy on Women, the National Gender Policy provides for the empowerment of women at various levels and calls for the elimination of all practices that marginalize women especially in the area of decision making. The policy also promotes Affirmative Action that would bring about the actualization of 30 percent representation of women in legislative and executive arms of government. The adoption of the National Gender Policy has provided the basis for other state institutions such as the National Assembly and the Independent National Electoral Commission (INEC) to adopt their own gender policies. The main points of the various gender policies adopted since 2006 are presented in Appendix I. To complement the existing institutional measures established to address barriers to women’s political representation, the Federal Ministry of Women Affairs adopted several administrative measures.

“The National Gender Policy provides for the empowerment of women at various levels and calls for the elimination of all practices that marginalize women especially in the area of decision making. The policy also promotes Affirmative Action that would bring about the actualization of 30 percent representation of women in legislative and executive arms of government.”

Involvement of women in the electoral reform process

Complaints about the failures and weaknesses of the electoral process in Nigeria have led to recurrent attempts to reform the electoral process in the country. Electoral reform initiatives in post-independence Nigeria dates back to 1966 when the newly emerged military government dissolved the then Federal Electoral Commission as a result of the flaws and controversies that culminated in the 1964 election crisis. Indeed, one of the six-point agenda agreed upon in resolving the constitutional impasse

29

Women’s Political Representation In Nigeria: Why Progress is Slow and What can be done to Fast-track it precipitated by the 1964 election crisis was electoral reform. Since 1964, there have been several electoral reform attempts including the Constitution Drafting Committee and the Constituent Assembly of 1975 and 1977, respectively as well as the Babalakin Commission of 1982, the Political Bureau of 1986, and the National Political Reform Conference of 2005. A common criticism of all these electoral reform efforts is that they largely excluded women.

By the time the Electoral Reform Committee (ERC) led by the former Chief Justice of Nigeria, Hon. Justice Muhammadu Lawal Uwais, was inaugurated in August 2007, the Coalition of Women Groups in Nigeria mobilized women political leaders, gender experts, legal practitioners and distinguished scholars from the thirty six States of the Federation to advocate for reforms that would address barriers to women political representation. In a position paper titled “Hear the Voices of Women”, the coalition called for the adoption of the following measures: • Entrenchment of Affirmative Action (AA) principles in party constitutions with specific and actionable commitments of number of spaces as some of the guidelines for registration by the Independent National Electoral Commission (INEC); • Political parties to entrench deliberate Affirmative Action to address gaps in participation, candidacy and opportunities in party leadership structures, especially in favour of women. With support from the Federal Ministry of Women Affairs, women groups adopted and disseminated the above position and ensured that they were included in the recommendations of the Electoral Reform Committee.

Other measures adopted to address barriers to women’s political representation

• The establishment of the first ever House of Representatives Committee on Women in 2008 by the leadership of the House of Representatives. The Committee hosted the first Women in Parliament Summit in Abuja in July 2009 with a call for more slots for women in the House of Representatives and the Senate during elections;

30

Women’s Political Representation In Nigeria: Why Progress is Slow and What can be done to Fast-track it • Political parties were persuaded to respond to calls for greater participation of women in politics through the waiver of nomination fees. • Development of a toolkit for women in decision-making positions on gender mainstreaming for good governance to broaden the ownership of gender equality principles and enhance system-wide implementation of the National Gender Policy; • Establishment of a National Gender Data Bank in 2006 to contribute to strengthening of national and local capacities to produce, analyze, store and disseminate quality gender statistics, in order to enhance the utilization of disaggregated data for sustainable development planning and programming; • Hosting of a summit on Women in Governance in October 2007. The summit was aimed at setting priorities for elected women in governance in the form of an action plan to be implemented over four years and the outcome was “The Obudu Women’s Declaration”; • Establishment of a Joint Donor Trust Fund for women political activities in Nigeria in 2007; • Establishment and funding of zonal political empowerment offices in the six geo- political zones of the country. These Centers managed by Non-Governmental Organization (NGOs) carried out many training sessions for female political aspirants and gave technical support to their activities; • Intensive local and international capacity building on gender mainstreaming for top level and medium cadre officials of women development agencies at all levels of governance to promote gender mainstreaming in policies and projects; • Advocacy and sustained agitation for 35 percent Affirmative Action in favour of women to bridge the gaps in both elective and appointive positions at all levels by 2015. This has also translated into gains for and para-military systems as more of them are being promoted into the top level decision-making positions; • Setting up of a Network of the Nigerian Women Hall of Fame Inductees as a vehicle for promoting gender issues and mentoring the younger ones who might want to emulate them in their localities and states. These women are first

31

Women’s Political Representation In Nigeria: Why Progress is Slow and What can be done to Fast-track it achievers in their chosen professions. This has projected the image of Nigerian women who can be appointed into political and public life; • Increased positive reporting of women’s activities in the media as front burner issues. This is so because of the targeted gender trainings and consultations with this group; • The Annual National Council for Women Affairs still holds on geo-political rotation to ensure assessment of performance, impact of activities and targets towards policy goals, targets and compliance with policy prescriptions as well as ascertainment of levels of efficient and judicious use of resources; • Strategic partnerships with the media in the design and dissemination of media messages and Information, Education and Communication materials drumming up support for political aspirants as well as the involvement of traditional media communicators in the use of local language.

In addition to the efforts of the government and other state agencies, several Civil Society Organizations (CSOs) with the support of international development partners have developed programmes aimed at encouraging women to demand for greater political representation. There is no record of the number of CSOs that exist in Nigeria. As such it is difficult to know the number of organizations working towards improving representation of women in politics. However, what can be established is that the most visible organizations such as Women Advocates Research and Documentation Centre (WARDC), Women Law and Development Centre, Women’s Rights Advancement and Protection Alternative (WRAPA), and Association of University Women are either established by professionals or are made up of professionals.

These organizations have initiated various kinds of programmes aimed at educating, mentoring, mobilizing and encouraging women to demand for greater inclusion in politics. They have organized campaigns, public meetings, rallies and press events to raise awareness on the multiple issues related to marginalization of women in politics. Projects undertaken by the CSOs typically involve developing skills among women, advocating for measures such as Affirmative Action to bolster women’s participation, assisting with the formation of women’s networks, engaging political

32

Women’s Political Representation In Nigeria: Why Progress is Slow and What can be done to Fast-track it parties to bring gender issues into their platforms, and conducting media campaigns. The interventions by CSOs aimed at improving women’s political participation in Nigeria are summarized in Appendix II.

“Projects undertaken by the CSOs typically involve developing skills among women, advocating for measures such as Affirmative Action to bolster women’s participation, assisting with the formation of women’s networks, engaging political parties to bring gender issues into their platforms, and conducting media campaigns.”

The efforts of state institutions and CSOs appear to have forced political parties in Nigeria to give deserved attention to gender issues. Political parties are the main vehicles with which citizens elect or dismiss governments. They maintain firm control over the nomination of candidates for elected offices. Nigerian political parties have been criticized for allowing minimal space for the representation of women. However, following interventions by various stakeholders, many political parties now lay claim to being sensitive to gender issues. This tendency reflects in the manifestoes of many political parties, which tend to showcase various plans intended to ensure that the goal of 30 percent women representation in political positions is achieved. Table 2 below presents various plans to encourage women’s participation in politics as contained in the manifestoes of some political parties in Nigeria.

To be sure, although Nigerian political parties are now more inclined to profess their commitment to gender equity, the reality is that the space for women representation in the parties are still very minimal. Notwithstanding the interventions of various stakeholders, the barriers that prevent active involvement of women in the political process appear very difficult to break.

33

Women’s Political Representation In Nigeria: Why Progress is Slow and What can be done to Fast-track it “Although Nigerian political parties are now more inclined to profess their commitment to gender equity, the reality is that the space for women representation in the parties are still very minimal.”

TABLE 2: GENDER EQUALITY AND WOMEN EMPOWERMENT ELEMENTS IN THE MANIFESTOES OF SOME NIGERIAN PARTIES

Peoples Democratic Party (PDP) All Nigeria Peoples Party Action Congress (AC) (ANPP) Ensure gender equality in Provide orientation Provide orientation programs employment and socioeconomic programs aimed at aimed at securing greater political advancement and promote greater securing greater political awareness of women in their women involvement and effective awareness of women in effective participation in decision- participation in politics. their effective participation making process at various levels. in decision- making process at various levels. Ensure adequate women Ensure that political Ensure that political parties and representation in all the organs parties and government government authorities at different and institutions of the party authorities at different levels, involve duly qualified and of its government through levels, involve duly and capable women in higher encouraged participation of qualified and capable administrative and policy- making women in electoral contest and women in higher responsibilities through political appointments. administrative and policy- making responsibilities

Source: Adapted from Simbine, 2003.

All Progressive Congress (APC) Labour Party (LP) KOWA Put in place measures that will Establish a 30 percent Establish special programs to ensure active participation of minimum quota in correct women’s historical and women in politics. Encourage all appointive and social disadvantages in accessing female political aspirants by elective positions education as well as health services making nomination forms free shall be considered, that are sensitive to their particular for them, and encourage quotas and mechanisms health needs, and women and for women participation. Make for demanding and young people will be fully involved efforts so that women occupy up monitoring the in decision-making around issues to 30% in party structures and implementation of that affect them. government. Include gender as such quotas should be component of federal character. developed. An Equal Opportunities Commission could be a viable organ to support this process.

34

Women’s Political Representation In Nigeria: Why Progress is Slow and What can be done to Fast-track it All Progressives Grand Alliance Social Democratic Party Young Progressive Party (APGA) (SDP) (YPP)

Sponsor public enlightenment Cultivate women and Pursue policies enshrined in programmes to fight gender youth and ensure their the Beijing Declaration. Ensure inequality and gender fair representation adequate women representation insensitivities in every aspect of and inclusion in key in all the organs and institutions our national life and promote position of the party and of the party and of its government affirmative action by employers government. Affirmative through enhanced participation of to place women in positions of action and Proportional women in electoral contests and authority. Encourage women Representation (PR) are through political appointments. P) to seek elective office in local the two key political governments, the states and at the instrument through which federal level. Give women senior the marginalization and political appointments in the spirit exclusion of women and of Beijing Declaration youth are being redressed all over the world and our party will equally use them.

Source: Independent National Electoral Commission (INEC)

35

Women’s Political Representation In Nigeria: Why Progress is Slow and What can be done to Fast-track it 36

Women’s Political Representation In Nigeria: Why Progress is Slow and What can be done to Fast-track it 5 WHY WOMEN’S POLITICAL UNDERREPRESENTATION PERSISTS

Any meaningful effort to enhance women’s political representation must start with an analysis of why women are underrepresented in the first place. This will enable us to connect the strategies chosen to enhance women’s political representation and an understanding of why the problem exists. Since the 1970s, there has been a growing concern about the exclusion of women from political decision making in Nigeria. This concern has spurred the government, civil society groups, international development partners, and the political parties to find solutions. As discussed in the previous section, several measures have been adopted to improve women’s political representation, yet the problem continues to exist. It is, therefore, necessary to understand why women’s political underrepresentation in Nigeria persists despite the efforts to address it.

This study suggests that women’s political underrepresentation persists because the policy measures and strategies adopted to address the problem are largely inadequate. To be sure, policies and strategies are selected on the basis of a general perception of what the problem is. In line with Drude Dahlerup’s (2005: 3) argument, this study contends that the persistence of women’s political underrepresentation is linked with the diagnosis of the problem - how the problem of women’s underrepresentation is perceived and understood. In other words, Nigeria’s inability to resolve the problem of women’s political underrepresentation, despite the several measures put in place, is a result of inappropriate diagnosis of the problem, and consequently wrong application of therapy.

37

Women’s Political Representation In Nigeria: Why Progress is Slow and What can be done to Fast-track it “Nigeria’s inability to resolve the problem of women’s political underrepresentation, despite the several measures put in place, is a result of inappropriate diagnosis of the problem, and consequently wrong application of therapy.”

The dominant explanation for women’s political underrepresentation in Nigeria focuses largely on issues that diminish women’s political resources and undermine their capacity to engage in politics. These issues include traditional values and norms, community expectations, conservative family upbringing, lack of good education, lack of work or professional experience, structural and physical violence against women, and discriminatory roles assigned to women in the political parties. Interpreting the problem of women’s political underrepresentation as a question of women’s lack of resources implies that measures dealing with the problem must look for ways of increasing women’s political resources.

“Interpreting the problem of women’s political underrepresentation as a question of women’s lack of resources implies that measures dealing with the problem must look for ways of increasing women’s political resources.”

This then explains why efforts to address women’s political underrepresentation in Nigeria have typically focused on expanding women’s political resources by, among other things, educating women, mentoring them, expanding their networks, and providing them with financial assistance. As experience has shown, these efforts have produced marginal results and incremental change. An overwhelming number of organizations working to enhance women’s political representation devote their energy to providing opportunities for training and support for potential female candidates. Others have gone as far as creating special fund for women political aspirants as well as persuading political parties to grant waivers on fees and charges on women political aspirants. As experience has shown, these measures have not produced any significant change.

38

Women’s Political Representation In Nigeria: Why Progress is Slow and What can be done to Fast-track it Lack of progress with women’s political representation has led to a stronger push for gender mainstreaming in Nigerian political life.

Gender mainstreaming involves making the concerns and experiences of women and men an integral component of the design, implementation, monitoring and evaluation of policies and programmes in all development processes so that women and men can benefit equally – the ultimate aim being gender equality and transformation of structures of inequality (Kezie-Nwoha, 2006). Women groups have identified the electoral process as one area where gender issues must be mainstreamed. In August 2014, two women’s rights groups - Women Advocates Research and Documentation Centre (WARDC) and the Nigerian Women Trust Fund (NWTF) demonstrated this new resolve by drafting and presenting to the government the “Nigerian Women Charter of Demand”5. The document calls for “a reform of electoral law to provide for affirmative action as a criterion for registration of political parties” as well as the establishment of “a system of gender mainstreaming which incorporates 35 percent of women in all sectors of government.”

“Lack of progress with women’s political representation has led to a stronger push for gender mainstreaming in Nigerian political life.”

The impetus for gender mainstreaming has come mainly from the Beijing Platform for Action 1995. The Beijing Platform is an attempt to shift emphasis from the discourse of lack of resources to that of exclusion. The discourse of exclusion underlines the issues of “discriminatory attitudes and practices” and “unequal power relations” that lead to the underrepresentation of women in the field of political decision-making. Whereas previously the focus was on women’s lack of resources or lack of will to participate in politics, the Beijing Platform directs attention to those institutional and cultural mechanisms of exclusion that prevent women from obtaining an equal share

5 http://nigerianwomentrustfund.org/wp-content/uploads/NIGERIAN_WOMEN_CHARTER_OF_ DEMAND.pdf.

39

Women’s Political Representation In Nigeria: Why Progress is Slow and What can be done to Fast-track it of political positions in most political institutions in the world. Some women activists in Nigeria have recognized that there are direct and indirect mechanisms of exclusion at work in the society in general, and that these mechanisms of exclusion have had a special impact on women’s participation in the political system.6 This realization is behind the demand for Affirmative Action as a possible means of achieving the goal of women’s equal participation in Nigerian politics.

“Some women activists in Nigeria have recognized that there are direct and indirect mechanisms of exclusion at work in the society in general, and that these mechanisms of exclusion have had a special impact on women’s participation in the political system.”

Lack of progress with women’s political representation in Nigeria is likely to continue unless the country moves from what Drude Dahlerup and Lenita Freidenvall (2003) refer to as the incremental track, to the fast track. Incremental track and fast track are two paths to gender equality that underscore the prejudice against women by identifying the primary problem of women’s underrepresentation as resulting from the fact that women do not have the same political resources and opportunities as men. However, while the incremental track assumes that the problem will eventually disappear as society develops, the fast-track insists that gender balance will not come about by itself but rather through a conscious alteration of the way political institutions work.

In essence, the incremental track symbolizes “an inherent notion of gradualism, embedded in an optimistic, linear view of progress” (Dahlerup and Freidenvall, 2003: 5), which manifest, for instance, in the expectation that women’s political marginalization in Nigeria would be eliminated by scaling up the capacity of women to deal with the sources of the marginalization through measures such as increased education, provision of employment opportunities, building networks and coalitions as well as resistance measures such as court action and demonstrations.

6 This view reflects in the work of women’s groups identifying and compiling laws, policies and practices that discriminate against women. A summary of a compendium published by one of these groups is presented in Appendix III. 40

Women’s Political Representation In Nigeria: Why Progress is Slow and What can be done to Fast-track it While the incremental track places emphasis on what the must do to cope with political marginalization, the fast track shifts the responsibility for promoting change away from the individual woman to those institutions that are, consequently, expected to take action to identify and correct the causes of women’s underrepresentation. The approach locates the responsibility for dealing with underrepresentation of women squarely with political institutions, and considers measures like electoral gender quotas for the recruitment and election of female candidates as the most appropriate measure to ensure gender equity in political representation.

41

Women’s Political Representation In Nigeria: Why Progress is Slow and What can be done to Fast-track it Women are effective leaders, visionaries and strategists. One way to address societal problems is to vote more women into power.

placng www.placng.org #UnderRepresented

42

Women’s Political Representation In Nigeria: Why Progress is Slow and What can be done to Fast-track it 6 CONCLUSION: WHAT SHOULD BE DONE

The preceding section argued that measures like electoral gender quotas are a critical fast track strategy that could ensure speedy progress towards gender parity in political representation in Nigeria. This section presents an outline of electoral gender quota and other measures that could be taken to enhance women’s political representation in Nigeria. Gender quotas are “numerical targets that stipulate the number or percentage of women that must be included in a candidate list or the number of seats to be allocated to women in a legislature” (Dahlerup et.al, 2013: 16). They aim to reverse discrimination in law and practice and to level the playing field for women and men in politics. Electoral gender quotas are the main type of positive measure taken to increase women’s political representation and a form of Affirmative Action to help overcome the obstacles that prevent them from entering politics in the same way as men. In a way, gender quotas represent a leap over historical barriers. They give the voters a possibility to choose women candidates, which they may not have had within their preferred party.

Dahlerup et.al (2013: 16) identified three key types of gender quotas in politics: 1) Legislated candidate quotas – Quotas that regulate the gender composition of the candidate lists and are binding by law for all political parties in the election; they are mandated either through national constitutions or by electoral legislation; 2) Legislated “reserved seats” –measures that regulate by law the gender composition of elected bodies, by reserving a certain number or percentage of seats for women members, implemented through special electoral procedures; they are mandated either through national constitutions or by electoral legislation; 3) Party quotas (also called voluntary

43

Women’s Political Representation In Nigeria: Why Progress is Slow and What can be done to Fast-track it party quotas) – Quotas are adopted by individual parties for their own candidate lists, and are usually enshrined in party statutes and rules.

According to Dahlerup et.al (2013: 16), about 118 countries and territories use some type of gender quota for elected office as at November 2013. Of this number, 60 countries and territories/special areas around the world use legislated candidate quotas (which may be used in conjunction with reserved seats or voluntary party quotas), 36 countries and territories/special areas use the system of reserved seats (few of which also use legislated candidate quotas as well) and in 37 countries and territories at least one political party represented in parliament uses a voluntary party quota (countries with both, legislated candidate quotas for national legislatures and voluntary party quotas are excluded from this number).

The use of gender quotas has proved to be one of the most successful means for getting more women into office (a summary of the effect of quota on women’s political representation is presented in Table 3 below). Out of the 37 countries that, as of November 2013, have more than 30 per cent or more women in the lower houses of parliament, 30 (81 per cent) use some type of gender quota. In particular, 14 countries (38 per cent) use legislated candidate quotas, ten (27 per cent) use voluntary party quotas, six (16 per cent) use a reserved seat system and only seven (19 per cent) do not use any type of quotas (Dahlerup et.al, 2013).

The impact of quotas can be demonstrated in “natural experiments” by comparing changes in the proportion of women parliamentarians in particular parties over successive elections. For instance, the introduction of women-only short-lists for specific seats by the British Labour party helped to double the proportion of women at Westminster between 1992 and 1997 (Norris and Inglehart, 2001: 138). If the public is broadly sympathetic toward getting more women into public life, parties may feel more willing to introduce institutional reforms and affirmative-action strategies to achieve these aims. In Europe, in recent years, legally binding (“legislated”) quotas for parliamentary elections have been introduced in a number of countries, including

44

Women’s Political Representation In Nigeria: Why Progress is Slow and What can be done to Fast-track it Albania, Armenia, Belgium, Bosnia and Herzegovina, France, Ireland, Poland, Portugal, Serbia, Slovenia, Spain and “the former Yugoslav Republic of Macedonia”. In other countries, such as Austria, the Czech Republic, Germany, Norway, Sweden or the United Kingdom, some political parties have decided to apply voluntary quotas when drawing up party lists or allocating candidates to single-seat constituencies.

TABLE 3: THE EFFECT OF QUOTA ON WOMEN’S POLITICAL REPRESENTATION IN SELECTED COUNTRIES

S/N Countries Measures Taken Outcome 1 Rwanda · The Constitution of the Republic Rwanda now ranks first among all of Rwanda was amended in 2003 countries of the world in terms of to provide for the reservation of the number of women elected to

a quota of 30% of all decision- parliament. Women account for 64% making positions of the State, for of the members of the chamber of women’s representation. Deputies (increasing from 21% in · The Organic Law governing 2000), 38% of female Senators and political parties and politicians was nearly 50% female Cabinet members. amended in July 2013 to eliminate Also, women’s representation in any form of discrimination in District Consultative Councils, Sector political parties. Consultative Councils and Kigali · The Labour Law providing for City Council stands at 43.2%, 45.15 equal opportunities and equal pay and 51.5% respectively. Furthermore, for women and men prohibits GBV Women make up 43% of Supreme and harassment, discrimination Court Judges in Rwanda. on the grounds of gender, marital status or family responsibilities.

2 Bolivia · Bolivia amended its Law on At present, 43% of the mayors and Electoral System Reform in 1997 to council persons in Bolivia’s 327 local include a provision that requires governments are women, and 96% of

that parties should have a quota of them are holding public office for the 30% for women on their national first time. Also, 69 (53%) of the 130 lists of candidates, distributed seats in the Bolivian parliament are in such a way that at least one occupied by women. of every three candidates for all elective positions is a woman.

45

Women’s Political Representation In Nigeria: Why Progress is Slow and What can be done to Fast-track it S/N Countries Measures Taken Outcome 3 Senegal · Senegal adopted a legislation 2012 parliamentary elections in in 2010, known as the “Law Senegal resulted in a near balance on Parity”, which provides between men and women in the

for a 50/50 gender quota in all National assembly, with women elective positions in all levels of occupying 64 (42.7%) seats out of the government, in the country. 150 seats in the Assembly, against 34 (22.7) seats that was previously occupied by women prior to the adoption of the law. 4 Mexico · In 2008, Mexico amended her Presently, 42.6% (or 213 seats) of the electoral code to provide for a 60/40 500 seats in the Lower Parliamentary quota that requires that 40% of the House and 36.7% (or 47 seats) of the candidates that political parties 128 seats in the Senate in Mexico, designate to run for parliament are occupied by women, as against has to be women. The amendment 37% (or 185 seats) in the 500 member also requires that parties spend Lower House and 34% (or 44 seats) 2% of the funds they get from the in the 128 member Senate, that was federal government on women’s occupied by women in 2014. leadership training. · In February 2014, Mexico amended her constitution to incorporate the gender parity principle, which

provides for a 50/50 gender quota in all elective government positions in the country. 5 Finland · Finland amended the “Gender In 1991, 77 (38.5%) of the 200 seats in Equality Act” in 1995, to provide the Finish parliament were occupied

for the reservation of a quota by women. This was a record number of 40% of the positions in all for the time. At present, 84 (42%) public decision making bodies, of the MPs serving in the Finnish committees, and municipal political Parliament are women. organs in the country for women.

Source: Compiled by the author

46

Women’s Political Representation In Nigeria: Why Progress is Slow and What can be done to Fast-track it Although at present, approximately half of the countries in the world use some type of electoral quota for parliamentary elections,7 support for quotas is far from unanimous and they raise criticism on several grounds. The main arguments against quota systems include the idea that they are in breach of the principle of equality, as some candidates are allegedly favoured over others based on their gender. They are also often viewed as reducing the freedom of choice of voters. Even many female politicians oppose quotas, as they “do not want to be elected just because they are women”. However, support for quota systems is increasing as a new idea of gender equality gains ground: equality of results is replacing the older, more abstract concept of equal opportunities.

“The main arguments against quota systems include the idea that they are in breach of the principle of equality, as some candidates are allegedly favoured over others based on their gender. They are also often viewed as reducing the freedom of choice of voters. Even many female politicians oppose quotas, as they “do not want to be elected just because they are women.”

While the use of gender quota has expanded in recent times, it is important to note that the existence of a quota system (whether in the form of legislated or voluntary party quotas) does not automatically lead to a high level of representation of women in national parliaments. For instance, in Poland, where obligatory quotas are imposed on political parties (at least 35 percent of candidates in the electoral lists must be women), the proportion of women elected in the parliamentary elections in 2011 only reached 24 percent. While, in Denmark, where there are neither legally binding nor voluntary quotas in place, women constitute 39 percent of parliamentarians (Dahlerup 2013). What this example demonstrates is that it is possible to attain a gender-balanced representation without gender quotas. In other words, countries that have adopted obligatory quotas may not necessarily have better record of women’s political

7 The Quota Project, a global online database on quota systems originating from the joint efforts of International IDEA, the Inter-Parliamentary Union and Stockholm University, points out that the use of electoral quotas for women is much more widespread than is commonly held, and that an increasing number of countries are introducing various types of gender quotas.

47

Women’s Political Representation In Nigeria: Why Progress is Slow and What can be done to Fast-track it representation than other countries that embrace voluntary quotas or no quotas at all. What then could be the reason why adoption of a quota system may not deliver gender parity in political representation?

The report by Elena Centemero (2016) offers some crucial insights. Firstly, it argues that the level of representation required by quotas regulations is an important factor. Even in legally binding quota systems, the minimum percentage of candidates of any given sex may vary, from an equal share of women and men on party lists in Belgium and among the overall number of party candidates in France, to a specified minimum proportion of women of in most cases between 30 percent and 40 percent, to only 15 percent in Armenia’s proportional representation system. The experience in several countries, particularly in Latin America, shows that in order to be effective, quotas should be ambitious. While the minimum proportion, as set out on paper does not automatically translate into reality, it appears that a higher goal leads to higher results. For countries considering adopting gender quotas, it is important to consider introducing the principle of parity in their legislation. This would represent an effective foundation for an authentically gender-equal democracy.

“The experience in several countries, particularly in Latin America, shows that in order to be effective, quotas should be ambitious.”

Secondly, the report contends that quota systems, whether legislated or voluntary, should not specify merely that parties should present a certain proportion of women candidates. In the case of Poland, the introduction of legally binding quotas did not produce the expected results as political parties in many cases put women candidates in lower positions on the list. Thus, unless quota systems include a requirement that a specified proportion of women candidates must be situated in winnable seats, or provide rules for the ranking order of candidates on a list, an increase in the proportion of women who stand as candidates will not necessarily translate into a higher proportion of women actually elected to parliament.

48

Women’s Political Representation In Nigeria: Why Progress is Slow and What can be done to Fast-track it Thirdly, the report notes that even well-designed regulations on quotas can fail to have adequate impact due to a variety of external factors, linked to the general political situation. The case of the 2011 elections in Tunisia is a clear example of this. “Equality of opportunities between women and men to have access to all levels of responsibility and in all fields” is enshrined in the Tunisian constitution and reflected inthe electoral law, which imposes gender parity in the lists through a “zipper” list system8. However, in the wake of the “Arab spring” uprising and after the establishment of democratic institutions, the political landscape was so fragmented that over 80 parties and movements participated in the October 2011 elections with separate lists. Most movements only managed to have their head of list elected, who in the vast majority of cases was a man. This suggests that, depending on the electoral system, “horizontal” quotas (concerning the top, across the lists for different districts), as a complement to “vertical” ones, may be necessary to ensure that the system is effective.

Fourthly, the report maintains that even where legislated quota systems exist, their impact largely depends on whether and how effectively they are enforced. For example, despite the imposition of significant financial sanctions on political parties failing to respect legally binding quotas for parliamentary elections in France (50 percent of candidates of each sex), not all parties have complied. On the contrary, in some cases the parties deliberately chose to incur in the sanctions rather than abiding with legal obligations, as they deemed that a high proportion of female candidates would be detrimental to their electoral score. The most effective sanction for non-compliance of provisions on quotas appears to be the rejection of the lists. This sanction, which for a question of proportionality may possibly be limited to cases of severe non-compliance, cannot be ignored by political parties. This has proved to be very efficient for instance in Senegal, where over 42 percent of members of the current parliament are women.

Finally, the report notes that the experience of the European elections in 2009 and 2014 confirms that whereas gender quotas are an effective tool for increasing women’s presence in political bodies, they do not automatically result in equal representation

8 A “zipper” list alternates male and female candidates. 49

Women’s Political Representation In Nigeria: Why Progress is Slow and What can be done to Fast-track it of women and men. According to a study of 2013 of the European Parliament, quota provisions must incorporate rules about the placement of candidates on the list, and in a plurality/majority electoral system rules are needed with regard to the gender distribution of “winnable” or “safe” seats. Quotas must include rules about order of candidates and sanctions for non-compliance. The effectiveness of quota provisions also depends on the existence of institutional bodies that supervise the application of quotas and impose sanctions for non-compliance.

“Quotas must include rules about order of candidates and sanctions for non-compliance. The effectiveness of quota provisions also depends on the existence of institutional bodies that supervise the application of quotas and impose sanctions for non-compliance”

One vital point that can be deduced from the foregoing is that gender quota, alone, may not be effective in closing the gender gap in political representation in countries like Nigeria. This then implies that other measures such as inclusion of women in local and regional politics may be required. Furthermore, there is clearly a crucial role for institutions such as political parties and civil society groups in enhancing women’s political representation. There is a growing consensus that greater political representation of women should begin at the local and regional levels. This would ensure both a better representation of the diversity of population and an opportunity for women and men to develop a political career on an equal footing. The local and regional settings provide a platform for emerging female politicians to garner experience in all the main aspects of political activity, including running for elections, dealing with social and economic stakeholders, and taking decisions affecting the life of a community. Similarly, Nigeria’s federal system presents an excellent opportunity for women politicians to develop their skills and capacities at local and regional levels, and to use such skills and capacities in their move towards taking up of greater political responsibilities at national level.

“There is a growing consensus that greater political representation of women should begin at the local and regional levels.”

50

Women’s Political Representation In Nigeria: Why Progress is Slow and What can be done to Fast-track it Women activists and the Nigerian government should take a cue from Italy’s State Law no. 215 of 2012, which established a more gender-balanced representation in elected bodies at local and regional level by means of a double gender preference and a requirement that at least one third of candidates in local elections be women (Rosselli 2014). Such a law would compel Nigerian States to “promote equal access of men and women to elected mandates by means of measures promoting the access of candidates of the under-represented sex”. The increased number of women elected as members of Italian city councils shows that the positive measures set forth by the law are effective and should be emulated by countries like Nigeria.

Together with the introduction of gender quota and inclusion of women in local and regional governance, the role of political parties is critical in expanding women’s political representation. As gender expert Drude Dahlerup (2006b: 3) observed, generally speaking “it is not the voter, but the political parties that decide who gets elected”. This role therefore positions the political parties as the main gatekeepers to elected positions. The process of candidate recruitment falls into three major stages: 1) self-selection by individuals expressing the wish to stand for election, 2) selection by political parties, and finally, 3) election by voters. Research shows that at the final stage, the voters’ choices are often swayed primarily by the parties, their policy positions and records, rather than by the question of whether the parties’ candidates are women or men (Matland 2004). In other words, while the voters decide which party is elected into elective position, the party largely controls which individual is actually elected.

“It is not the voter, but the political parties that decide who gets elected”. This role therefore positions the political parties as the main gatekeepers to elected positions.”

Political parties largely determine the composition of parliaments (and of elected bodies at local and regional level). Therefore, they can play a crucial role in improving the political representation of women. Measures to increase the number of women in parliaments, should therefore, on the one hand, promote a higher number of women to

51

Women’s Political Representation In Nigeria: Why Progress is Slow and What can be done to Fast-track it self-select as potential candidates and, on the other hand, lead political parties to select a higher number of women as candidates. Effective strategies by parties for increased recruitment of women include, among other things, the adoption and implementation of party-specific gender quotas, informal targets, and other positive action mechanisms at all levels of office, including for internal party positions. Table 4 below outlines the key components of a sample political party gender action plan, which, ultimately, can lead to increased women’s political representation. Other practical measures that political parties can adopt to boost women’s political representation are presented in Appendix IV.

TABLE 4: POLITICAL PARTY GENDER ACTION PLAN: KEY COMPONENTS

S/N Type of Activity Description 1 Conduct a gender audit of • Conduct a self-assessment or gender audit of key party internal party procedures processes and practices, the party’s views regarding gender-equality issues, as well as the distribution of work and power within the party based on the sex of the party member. 2 Develop and build party • Develop a party-specific gender action plan, based on the leadership support for a findings of the gender audit. Gender Equality Action • Ensure that the party’s main organs agree to discuss the Plan implementation of this action plan at least once every four years and to accept the development of new action plans, based on progress made. 3 Strengthen party • Introduce provisions in party statutes to ensure minimum founding documents representation of women in parties and especially in party decision-making bodies and processes. • Introduce or strengthen internal party codes of conduct or policies to prohibit discrimination and harassment based on sex or gender. 4 Include women’s sections • Establish or strengthen autonomous women’s in party statutes/by-laws organizations or sections (“women’s wings”) within the party. • Introduce provisions in party statutes or by-laws that require the representation of women’s sections in decision- making bodies and processes. 52

Women’s Political Representation In Nigeria: Why Progress is Slow and What can be done to Fast-track it 5 Support the party’s • Develop specific activities that women’s sections can gender-equality undertake, including mentorship programmes, trainings, mechanism/ women’s forums or open debates. section • Ensure the women’s sections are provided with resources to undertake these activities. 6 Collect sex disaggregated • Collect and regularly maintain sex-disaggregated data membership statistics, including at local and regional levels. 7 Enhance internal party • Advocate for the introduction or application of existing democracy by making internal party procedures regarding party recruitment, party processes more promotion of party members, candidate selection, transparent and fair decision-making and allocation of resources in a clear and transparent manner and according to democratic principles. • Ensure party procedures are written down in a clear and gender-sensitive manner. • Introduce induction courses for all newly-recruited male and female party members, with a module on gender equality in political parties. 8 Adopt internal party • Adopt at the highest executive party level an operational measures to promote plan for gradually increasing the share of women in all women as leaders and bodies of the party and in key party roles, in a way that candidates reflects the share of women in party membership. • Voluntarily set time-bound benchmarks, targets or quotas to achieve increased representation of women within the party. 9 Organize training and • Develop special types of training for women members leadership development (on leadership skill development, preparing women as candidates, etc.). 10 Conduct internal party • Raise awareness of all party members on the party policy awareness raising regarding gender equality. • Organize seminars to increase party understanding of gender-equality objectives and policy for both male and

female party activists, members and officials, including all those who perform public roles for the party.

53

Women’s Political Representation In Nigeria: Why Progress is Slow and What can be done to Fast-track it 11 Develop concrete party • Define priorities and prepare concrete party platform platform positions on positions that address specific gender-equality issues and gender equality-related challenges. issues • When in opposition, a party (and not only the women’s wing) should organize campaigns advocating for the introduction of such policies; when the party is a governing party, it should drive the process of introducing such policies and persevere in their implementation. 12 Link party recruitment • Include respect and support for equality between women and promotion to gender and men as a requirement or condition of membership in equality efforts of the party. prospective and actual • Link promotions within the party (to party leadership members positions, eligible places on the lists, placement of candidates in winnable districts or other authority roles) to the commitment and successful work of both male and female candidates or party members to promote gender equality.

Source: OSCE/ODIHR (2014: 53-54).

Party gender quotas entail commitments by individual political parties, which aim to include a specific proportion of women among their own candidates nominated to political office. Party quotas are more often implemented through party constitutions, statutes and regulations. Party quotas typically set a goal of between 25 percent and 50 percent of female candidates. They govern the composition of party lists in countries with proportional electoral systems and are directed at collections of single-member districts in countries like Nigeria with majoritarian electoral arrangements. Party quotas could be more effective when: 1) many parties, especially several larger parties, adopt these policies; 2) the quotas adopted call for a relatively high proportion of women to be nominated as party candidates; 3) the quotas are framed in ways that link them to well-understood and widely accepted cultural practices and traditions; and 4) parties have bureaucratic organizational structures and formal nomination procedures, so that rules are enforced by internal party bodies. Where party nomination procedures are more informally determined, for example, as is the case with many parties in Nigeria, few enforcement mechanisms will be able to guarantee the inclusion of women.

54

Women’s Political Representation In Nigeria: Why Progress is Slow and What can be done to Fast-track it Alongside political parties, relevant policies may also be adopted by a variety of other organizations and bodies including international organizations, NGOs, women’s groups, networks in civil society, trade unions and other stakeholders. Through their own equality policies and training programmes these organizations may have an important role to play in conducting information and awareness-raising campaigns to encourage women to stand for election, and in running capacity-building programmes to support women in this process. These actors can contribute to developing the skills, experience, knowledge and the resources of women in the pipeline for elected office and once they enter. A diverse range of initiatives are designed to build the skills and the capacities of women active in politics and to promote women’s representation and participation in political life. These can be categorized in terms of three distinct but overlapping threads: equal opportunity initiatives, recruitment initiatives and knowledge network, and initiatives to combat stereotypes and raise awareness. Achieving and sustaining a better representation of women in politics presupposes that interested women already possess or can rapidly acquire relevant skills. Adequately funded knowledge networks, mentoring programmes and training can all serve to strengthen the skills and resources of women candidates. It is important that political parties, media and/or non-governmental organizations be actively involved in such initiatives.

Finally, civil society groups can persuade public authorities to conduct a legislative review to ensure that equal rights for women and men are guaranteed, in particular as concerns political rights. Parliaments themselves may amend electoral legislation, for example so as to introduce quotas reserved for women in general lists, separate women’s lists, or “zipper” lists alternating male and female candidates, or so as to introduce proportional representation with multiple-member constituencies, which has been found to be favourable to promoting equal opportunities for women and men candidates. They may also carry out a review of their own rules and internal procedures, including the facilities and working conditions, rules for leadership recruitment, hours of sitting and provision of childcare facilities.

55

Women’s Political Representation In Nigeria: Why Progress is Slow and What can be done to Fast-track it APPENDIX I

POLICIES AIMED AT IMPROVING WOMEN’S POLITICAL PARTICIPATION NATIONAL GENDER POLICY 2006 Policy Goal Objectives Proposed Policy Action Timeline To build a just 1. Establish the (a) Produce and launch National Gender Strategic Framework (NGSF) By June 2007 society devoid of framework for gender (b) Develop and operate gender sensitive sectoral policies with adequate human, technical and By 2010 discrimination, responsiveness in all financial resources for effective performance. harness the full public and private potentials of all spheres and strengthen (c) Establish and operationalize the national gender management system with a fully functional social groups capacities of all FMWASD (national gender machinery) regardless of sex or stakeholders to deliver (d) Strengthen the capacity of the State Ministries of Women Affairs and Social Development By 2008 circumstance, promote their component (renamed Ministry of Gender and Social Development) to carry out the new mandate of policy the enjoyment of mandate of the gender oversight and coordinating function for gender equality programming and monitoring. fundamental human policy and national rights and protect gender strategic (e) Build effective partnership between the Public and Private sector and the Civil Society for By 2008 the health, social, framework. promoting gender equality principles and practices. economic and (f) Ensure that all partnerships with national and international organisations are based on By 2010 political wellbeing commitment to gender equality principles, with explicit and measurable results. of all citizens in order to achieve 2. Develop and apply (a) Establish and strengthen appropriate educational, training, institutional and operational By 2010 equitable rapid gender mainstreaming frameworks that link the macro policy environment effectively with the micro level where economic growth; approaches, tools and women, men and communities are experiencing the manifestations of . instruments that are Evolve an evidence (b) Remove all gender based barriers (including tenure security, access to credit and inputs) facing By 2010 compatible with the based planning and women in agricultural production, and enhance the visibility, productivity, valuation and macro policy framework governance system documentation of women’s work in the agricultural sector. where human, of the country at any social, financial point in time, towards and technological national development. resources are 3. Adopt gender (a) Entrench a culture of gender sensitivity and equality principles in all institutions and structures By 2010 efficiently and mainstreaming as a core of government, private sector and communities with gender policies e.g. administrative, effectively deployed value and practice in regulatory procedures and practice in place and compliance levels monitored annually by the for sustainable social transformation, FMWASD. development. organisational cultures (b) Eliminate all harmful cultural, religious and social gender biased practices, which reproduce By 2020 and in the general polity gender inequalities. in Nigeria. (c) Institute mechanisms for enforcing laws that regulate and penalize discriminatory practices by. By 2008

56 4. Incorporate the (a) Achieve equity and equality in employment opportunities and eliminate all discriminatory and By 2015 principles of CEDAW abusive practices (on the grounds of sex, ethnicity, class, , age, , or marital and other global and status) against the employment of women in the public and private sectors of the economy. regional frameworks (b) Eliminate all harmful cultural, religious and social gender biased practices, which reproduce By 2010 that support gender gender inequalities. equality and women empowerment (c) Institute the culture of respect for the human rights of women and men, including freedom By 2010 in the country’s of expression, and the elimination of all negative stereotypical representation of women and laws, legislative girls and presentation of gender issues at various levels of the information dissemination and processes, judicial and communication chain. administrative systems. 5. Achieve minimum (a) Provide equal opportunities for women and men to enjoy and attain an acceptable minimum By 2015 threshold of threshold of universal access to potable water, sanitation, electricity, transportation, road representation for networks, and general security of life and property. women in order to promote equal (b) Adopt special measures, quotas and mechanisms for achieving minimum critical threshold By 2015 opportunity in all areas of women in political offices, party organs and public life by pursuing 35% affirmative action of political, social, in favour of women to bridge gender gaps in political representation in both elective and economic life of the appointive posts at all levels. country for women, as well as for men. 6. Undertake women and (a) Ensure equal access of women and men to critical resources (capital, labour, land, technology, By 2012 men specific projects as and entrepreneurial skills) through special initiatives and reduce the number of citizens in core a means of developing poverty group particularly women. the capabilities of (b) Address gender dimensions to infection rates by promoting systematic and consistent gender By 2010 both women and mainstreaming into HIV/AIDS policies, plans, programmes, and activities at all levels; Building men, to enable them gender analysis capacity of coordinating agencies; Creating an enabling gender inclusive take advantage of environment in the fight against HIV/AIDS, and redressing the differential impact of the economic and political pandemic on women and men at all levels. opportunities towards the achievement of (c) Reduce maternal mortality rates by at least 35%, reduce the gender burden of communicable By 2015 gender equality and diseases, improve reproductive health care services and strengthen gender responsive, evidence women’s empowerment. based health systems. 7. Educate and sensitise (a) Guarantee equal access of women, men, girls, and boys to both formal and informal education By 2015 all stakeholders on the and skills development opportunities through special programmes and initiatives. centrality of gender (b) Improve demand and supply factors that hamper retention, completion, and high school By 2015 equality and women’s performances, especially for the child at all levels primary, secondary, tertiary; and in the empowerment to the informal setting. attainment of overall national development. (c) Mainstream in the taught and evaluated curriculum of all formal and non- By 2010 formal educational institutions/courses at all levels, primary to tertiary. (d) Strengthen and reposition the FMWASD as the lead Gender machinery and the National By 2008 Centre for Women Development as the primary gender research, training and documentation institution, to enhance capacities of all stakeholders for effective gender mainstreaming and w

57 INEC GENDER POLICY (2014) Policy Goal Objectives (Proposed) Action Timeline To contribute to 1. Ensure that INEC No implementation plan has been developed. strengthening policies, plans, processes gender equality in and operations are the Commission and gender responsive. its relationship with 2. Encourage gender No implementation plan has been developed. other stakeholders by equity and balance giving due attention to within political gender considerations parties especially in and promoting equity the identification of and equality between candidates in line with women and men in the provisions of their the electoral process. statutes. 3. Increase budgetary No implementation plan has been developed. provision and mobilize partners to effectively provide funding for gender sensitive actions within their purview. 4. Support an enabling No implementation plan has been developed. legislative environment to achieve gender equality and bridge gaps in political representation in elective posts at all electoral levels. NATIONAL ASSEMBLY GENDER STRATEGY (2014) Policy Goal Objectives (Proposed) Action Timeline To strengthen the 1. Ensure that funding is 1. Constitute the Gender Aware Implementation Framework Team (GIFT) Within three legislature’s response provided for women’s months after to gender and human empowerment projects. the formal rights in Nigeria, presentation to create equal of the gender opportunity for all strategy to NASS citizens irrespective leadership. of sex, and social status.

58 2. GIFT ensures that the following are considered in the yearly Appropriation Act: Within first a) The funding mechanism for the national gender machinery is in accordance with international two years of standards to enhance its ability to monitor delivery of result indicator across MDAs. inauguration of GIFT. b) Work with FMWSD to strengthen funding to the Nigerian Women’s Trust Fund as a resource for women’s political participation.

c) Redesign and adequately fund the oversight process to become independent, respected, proactive and result-oriented especially for tracking projects of ministries, Departments and Agencies.

d) Demand that the executive puts in place, strategic programmes and policies to ensure entry of more girls into competitive areas of learning and vocation.

e) Give budgetary and programme priority attention to education and entrepreneurship parity between girls and boys and women and men.

f) Budget for the implementation of this gender strategy. 2. Enhance the passage GIFT to ensure that the NASS: By year 2 of the of laws and policies a) Revisits the domestication of CEDAW through its passage either as CEDAW or an equal gender strategy that enables increased opportunities bill. Implementation. participation of women in public life. b) Revisits the passage of the convention of the rights of people with disabilities (CRPD).

c) In addition to geo-political considerations, amend the Federal Character Law to reflect federal and gender character.

d) Introduce the use of quotas that benefit both women and men and ensure that no gender shall constitute more than 70% of the membership of the National Assembly.

e) Enact Affirmative Action (AA) provisions in the Constitution for the enhancement of women’s political participation.

f) Put in place, legislation to make it compulsory for government to guarantee access to rural infrastructure and amenities.

g) Develop and adopt a gender budgeting framework for the executive to show results for women.

h) Review the electoral law to include adequate deterrent penalties for acts of electoral violence.

59 3. Ensure effective GIFT to ensure that the NASS: Starting from oversight of resources to a) Develop a gender based planning and result-tracking checklist focused on evaluating impact of the first year of deliver results for girls funding for girls and women. implementation and women and other of NASS Gender socially marginalised b) Demand that each MDA develops indicators to measure delivery of results for girls and Strategy. groups. women in budget and policy documents.

c) Work closely with the ministry of finance to provide adequately for social sector spending by critiquing and requesting a review of budgets that do not show a realistic planning/spending profile for girls and women.

d) Pay attention to changing patterns of work and encourage development and oversight over areas of potentially new employment for girls and women such as Communication Technology and the Extractive Industry.

e) Use partnerships, special investigations, appropriation and legislative review process to demand, evaluate and ensure that executive policies and spending deliver results for girls and women.

f) In collaboration with FMWSD, develop a system of incentives for MDAs that deliver results for girls and women.

g) Convene a gender summit on the state of women in Nigeria: biennial review of status, new learning and resolutions. h) Build electronic and social media platforms as a means of communication with youth population and its staff on GEWE. 4. Develop partnerships 1.GIFT to ensure that NASS: with male led a) Seek increased cooperation and improved relationship between Legislature and Executive by institutions within and communicating the objectives of the gender strategy to the Executive. outside the National Assembly, to build allies b) Forge working relationship with women’s caucuses of other countries and the AU and EU for women. parliaments.

c) Encourage the strengthening of collaborations between CSOs and the women’s caucuses.

d) Receive GIFT’s regular briefing to the NASS on progress made or challenges encountered.

e) Establish a community outreach committee of GIFT by the next legislative session in 2015.

f) Work with the women in parliament committee to mobilise and encourage greater participation of women in politics in various capacities.

g) Work with intellectual think-tank with mandates to build political parties such as PDI, INEC, to infuse gender into the change agenda.

60 5. Build and manage 2. GIFT to act on the following with women committees of the NASS: Within six gender knowledge to a) Ensure that women in parliament committee collaborate with CSOs to develop strategies to months of influence policy for girls increase the number of women in politics, the legislature and other political sites. the gender and women. strategy. b) Ensure the women’s caucuses and committees work closely with strategic committees, leadership and management of the NASS to mainstream gender in NASS affairs and outputs.

c) Expand women’s caucuses to include senior female bureaucrats for the purpose of implementing the NASS Gender Policy.

d) Support women’s caucuses to work closely with men in the legislature to build a core of change champions.

e) Support women committees to facilitate development of mobilisation strategies (songs, anthem, poems, and slogans) about women’s agency.

f) Partner with the media to understand and reflect the fundamental issues about the women’s agenda.

g) Fund and create dialogue spaces for young people to understand and develop policy response to their aspirations.

h) Work with political parties to demand that Affirmative Action clauses are put in the constitution of political parties as well as in elective and appointive positions.

i) Sponsor and support bills that stipulate the business of political parties where binding decisions are taken, is done within official daylight hours. 3. GIFT to work with other NASS members to: Within a) Embark upon mobilising women and men in community to train their children on mutual one year of respect and partnerships between the . adoption of NASS b) Encourage awareness-raising strategies for women to become members of political parties. Gender Strategy. c) Support mass mobilisation of women and girls for free and compulsory education in their constituencies and report back to NASS.

d) Work with CSOs to encourage women activists to join political parties as game-changing platform not necessarily for political office.

e) Work to nurture women’s groups within legislators’ constituencies.

61 1. GIFT to work with National Institute for Legislative Studies (NILS) to: Within one year a) Develop a women’s agenda to enable the women’s caucuses establish and popularise a set of of the adoption principles and values that describe women leadership. of NASS Gender Strategy. b) Utilize key gender reports and instruments including the Nigerian Women’s Charter, as part of training curriculum modules for legislators and bureaucrats on gender mainstreaming. c) Develop training methodologies that affirm and respect adult learning and reinforce analytical thought. d) Collaborate with political party institutes to come up with studies and strategies that build intellectual capacity within political parties through independent systems that guarantee internal democracy and canvas for political parties to have professional management systems. e) Review curriculum to mainstream gender responsive component and indicators in all NASS trainings. f) Design an induction package (for new legislators) that has gender and women’s right issues mainstreamed into every aspect of legislative work. g) Strengthen the GTU for evidence-based research and refresher gender courses for legislators. 2. GIFT to work with NASS leadership to: Within one year a) Strengthen NILS to conduct gender analysis and develop factsheets. of the adoption of NASS Gender b) Locate gender induction packages as an integral part of the rules of the NASS. Strategy. c) Work with NILS to develop a strategy disaggregated data collection and analysis and demand same from MDAs. d) Continue to participate at gender focused international fora and provide feedback to NASS system. e) Hold public hearings on work place/family life balance and strategies for protecting women in formal and informal workplaces as part of an annual review of gender in Nigeria situation report. f) Study the best practices and methods in which quotas have been entrenched in national law making with a view to adapting such as appropriate for Nigeria. g) Review of curriculum to ensure all training programmes are engendered.

62 3. GIFT to coordinate plan for NILS, NABRO, Department of Personnel Management (DPM) of Within one year NASS and National Secretariat of legislative trainings, such that: of the adoption a) DPM is authorised to coordinate training, so that information and request for training pass of NASS Gender through the office for effective record keeping and synergy of participation with need. Strategy.

b) All training points hold regular planning forum to collate needs assessment and plan well.

c) Work plan developed are funded with post-training assessment and feedback for a held regularly.

d) All conduct gender planning and budgeting training for trainees.

e) All share knowledge and other assets to optimize resources.

f) Review curriculum to ensure all training programmes are engendered.

g) Access for persons with disabilities for training.

h) Periodic gender training for staff is conducted.

i) Strategic gender training for legislators including participation in local and international fora organised with lesson sharing forum. VISION 20:20 GENDER POLICY Policy Goal Objectives Proposed) Action Timeline Promote gender 1. To meet the MDGs for • Put in place mechanisms for the political empowerment of women to take an active part in By 2020 equality and empower gender equality and governance and legislation, by setting up advocacy programmes to strengthen political support women NV20:2020 aspirations for women. • Establish the framework for gender-responsiveness in all public and private sector policies and By 2020 programmes. • Increase the proportion of women in executive positions in the workforce to at least 30% by year By 2020 2015. • To achieve the goal of reducing the incidence of harmful traditional practices against women By 2020 and the girl child by 80% by year 2020, the following activities will be required: ᵒᵒ Institute legal and constitutional reforms to promote the principles of non-discrimination, protection and promotion. ᵒᵒ Develop guidelines for active response on gender – based violence. ᵒᵒ Criminalize harmful traditional practices against women and female children in Nigeria. ᵒᵒ Continuously sensitize the rural communities on traditional, religious and cultural barriers. ᵒᵒ Rehabilitate, support and integrate into society victims of violence and conflict.

63 2. To promote systematic • Enhance the capacities of the national and states’ gender machinery to implement and monitor By 2020 gender mainstreaming in the implementation of the National Gender Policy as an accountability tool on national all sectors commitments. • Promote gender equality in access to basic education. By 2020 • Provide scholarship schemes to support girl child education to tertiary level in disadvantaged By 2011 states. • Review, domesticate and implement international and regional conventions and agreements By 2020 that advance the rights of women and the girl-child. • Increase women’s access to paid employment, land, credit and other productive resources by By 2020 80% • Encourage women entrepreneurs to join / from cooperative societies to be able to obtain loans By 2020 from financial institutions. • Design and organize vocational and entrepreneurial skills training for rural women as part of By 2020 expansion of skills development. • Establish a National Empowerment Fund for economic activities for women entrepreneurs. To By 2020 effectively access this fund, there is need to set up micro credit schemes targeted specifically at rural women and allocate more land to women for farming activities. • Establish and strengthen financial institutions and programmes to improve access to loans for By 2020 women to address their low access to economic resources. • Promote gender mainstreaming as an institutional programme and societal culture. This will By 2020 be supported by establishing institutions for training and research in gender and development policy. • Ensure financial sustainability for gender equality policies and programmes. By 2020 • Create a gender database and disaggregate information and data by gender. By 2020

64 APPENDIX II

Selected CSOs Interventions to Improve Women’s Political Participation in Nigeria 2008-2017

S/N Organisation Project(s) Project Objectives Year Funding 1. Alliances for Africa Strengthening Women’s 1. To enhance women’s capacity to participate Feb 2007- UN Democracy (AfA) Participation in Governance effectively during elections and work with party Dec 2008 Fund in Nigeria leaders to provide a framework for strengthening of political parties to address gender issues in party platforms and manifestoes. 2. Alliances for Africa Implementing 35% 1. To increase women’s participation, targeting 2016-2018 UN Women (AfA) Affirmative Action in 5 women party members and political aspirants, Fund for States in Nigeria by 2018 parliamentarians and media personnel in five Equality south-eastern states 2. To achieve a mandated 35 per cent electoral quota for women in decision-making positions at both the local and national levels before the next general elections in 2019. 3. BAOBAB for Capacity Building and 1. To Increase women’s political participation 2009- UN Women Women’s Empowerment through in Nigeria by training and mentoring young 2010 Fund for Human Rights in Political Education for women with political aspiration to be competitive Equality partnership with Nigerian Women candidates in future elections Kudirat Initiative for Democracy (KIND) 4. Centre for Expanding Political 1. To enhance political and economic opportunities 2017 Ford Democracy and Participation for women in Nigeria, as well as their Foundation Development participation in public life, especially in (CDD) government and other decision-making positions. 5. Centre for 1. Organize capacity 1. To strengthen the capacity of civil society 2009 National Development building workshops to engage with public institutions to ensure Endowment Research and for select civil society government accountability and promote female for Democracy/ Advocacy (CDRA) organizations. political participation. US Department 2. Organize public of State enlightenment campaigns, produce posters and flyers, organize advocacy visits 3. Publish its annual Development Journal

65 S/N Organisation Project(s) Project Objectives Year Funding 6. Centre for Human Post- Election 1. To increase involvement in governance and Dec 2011 UN Democracy Development Intergenerational Dialogues democratic processes by women in Nigeria - Nov Fund & Social to promote women’s 2. To train community based women’s organizations 2013 Transformation political participation in to mobilize women across generations to join (CHDST) Nigeria. political parties and contest elections in states where there has been some progress 3. To contribute to increasing the proportion of women elected to political office 7. Centre for Women 1. Promoting Women’s 1. To empower women leaders with the political 2016 National Studies and Participation in Politics – knowledge and skills to enter and shape political Endowment Intervention Ebonyi State discourse in Ebonyi State. for Democracy a. train women from political, civil society, and media backgrounds in political leadership and educate men on the importance of political inclusion. b. mentor women interested in seeking political office 8. Community Life 1. Empowering Grassroots 1. To train influential grassroots women leaders to 2011- UN Women Project (CLP) Women Leaders for make a strong link between women’s participation 2012 Fund for Participation in Local in governance and improved quality of life. Equality Governance in 2 States in South West, Nigeria 9. Community Strengthening Women’s 1. To strengthen the political participation of Oct 2008 - UN Democracy Partner for Participation in State and women in Nigeria at the local and national levels Sep 2010 Fund Development Local Governance in Nigeria – through four key strategies which include advocacy, capacity training of women in office, building networks and gathering information to raise awareness. 10. Connecting Gender 1. Organize a national 1. To create awareness about the rights of women 2010 National for Development campaign around the through intensive national campaigns and promote Endowment (COGEN) Beijing Platform for gender equality through advocating for the for Democracy Action (BPFA). passage of the Gender and Equal Opportunities 2. Organize meetings; Bill in Kaduna and Zamfara states. broadcasts live radio programs, produce posters, and continue lobbying for the passage of the gender bill.

66 S/N Organisation Project(s) Project Objectives Year Funding 11. Gender Awareness 1. Political Processes 1. To empower young women and young men 2014 National Trust a. conduct a series of with the knowledge and skills to effectively Endowment advocacy visits, town mobilize the communities of to for Democracy hall meetings, election constructively participate in the 2015 election mandate protection process, and to protect their election mandate trainings, and election through election monitoring monitoring missions. b. produce an election mandate protection toolkit, and voter education IEC materials, radio jingles, and SMS messages in Kaduna State. 12. Global Rights Women’s Rights and 1. General support to promote natural resource 2017 Ford Advocates for Gender Equality governance, human rights, and gender equity Foundation Sustainable Justice in Nigeria and, project support for institutional strengthening. 13. International Pre-Election Survey in 1. Measuring likelihood to vote and opinions of the 2014 USAID Foundation for Nigeria 2014 2015 elections, including expectations of integrity Electoral Systems and perceptions of election violence and vote- (IFES) buying 2. Evaluating voters’ knowledge of and experience in the voter registration process and the distribution of Permanent Voter Cards (PVCs) 3. Assessing voter knowledge of the upcoming 2015 elections, the adequacy of pre-election voter information and exposure to voter education messages 4. Examining preferred information sources and patterns of radio, social media, and SMS (short message service or text message) use 5. Eliciting views of the Independent National Electoral Commission (INEC) and trust in electoral processes 6. Measuring satisfaction with Nigerian democracy and political efficacy 7. Exploring views toward women’s involvement in politics

67 S/N Organisation Project(s) Project Objectives Year Funding 14. Kebetkache 1. The Support Initiative 1. To strengthen the capacity of women’s groups 2014- National Women for Women’s Political to mobilize to promote credible, transparent, 2015 Endowment Development & Participation and peaceful elections and to empower women for Democracy Resource Center a. organize a civic education political aspirants with the skills necessary to training, produce a civic contest elections in Rivers State in 2015. education handbook, 2. To strengthen the capacity of women to advocate conduct community for enhanced civic, social, political, and economic outreach campaigns, and participation in the . facilitate a leadership training for women political aspirants.

2. Enhancing Women’s Action for Gender Equality a. organize a series of gender advocacy trainings, facilitate stakeholders’ dialogue forums between women and government officials, b. guide gender equality community advocacy initiatives in Akwa Ibom, Bayelsa, Cross Rivers, Delta, Edo, and River states. 15. Kebetkache 1. Promoting Women’s 1. To monitor the situation of women as regards 2015 Oxfam Novib/ Women Participation in participation in governance processes and Netherlands Development & Governance interaction between the grassroots community Government Resource Center members and elected representatives, government Co-funding officials, corporations and development agencies Dutch and conditions of women in rural communities.

68 S/N Organisation Project(s) Project Objectives Year Funding 16. Kebetkache 1. Promoting Women in 1. To strengthen the capacity of politically- 2016 National Women Democracy Dialogue in marginalized groups to advocate for enhanced Endowment Development & the Niger Delta civic, social, political, and economic participation for Democracy Resource Center a. Organize a series of in the Niger Delta. democracy roundtables where women, youth, and others can engage with traditional and political leaders to discuss their governance priorities. b. produce radio programs highlighting the need for increased political inclusion. 17. League of 1. Quarterly strategic 1. To facilitate civil society engagement in 2008- National Democratic meetings in Kaduna, developing national policies on gender equality 2010 Endowment Women (LEADS) Jigawa, and Katsina in Nigeria. LEADS will analyze the federal for Democracy states National Gender Policy, convene meetings of 2. Publish its Women’s women’s organizations, collaborate with the Advocate magazine in Federal Ministry of Women’s Affairs, and propose both English and Hausa a strategy for implementing the policy. languages 2. To strengthen the relationship between civil society and state actors in order to promote women’s rights and good governance in northern Nigeria. 18. National Electoral Empowerment of 1. Strengthening the capacity of civil society April USAID Democratic Civil Society in Nigeria organizations to become integral parts of election 2014 to Institute/ Search activities in Nigeria. March for Common 2. Improved management and expanded domestic 2019 Ground/ World electoral observation and participation programs Learning for civil society organizations (CSOs). 3. Working with marginalized groups such as women, youth, people with disabilities, and non-indigenous populations to expand their participation in elections leading to improved public confidence in elections and their outcomes. 19. National Stop Violence Against 1. To document and report data on incidents of 2016 NDI/ USAID Democratic Women in Elections (Stop violence against women, engage with election Institute VAWIE) campaign officials, security services, women’s groups and / International others to mitigate violence and organize civic Federation of education around preventing violence against Women Lawyers women in elections. (FIDA) 20. National Women in Politics 1. To address gender stereotypes in Nigerian Politics 2017 DFID Democratic Institute

69 S/N Organisation Project(s) Project Objectives Year Funding 21. National Institute Working with parliament 1. Provide continued parliamentary technical support 2014 WFD/ DFID for Legislative and civil society to improve to core staff from relevant committees linked to (Duration Studies the lives of women and girls the five ministries responsible for the ‘gender 3 years) empowerment’ allocation. 2. Produce a series of working papers on gender budgeting. 3. Facilitate a study visit for parliamentary staff to Uganda to observe and learn how another parliament with established processes for gender budget oversight is managed. 4. Provide MPs, civil society organizations and parliamentary staff with support in their understanding and application of gender budget analysis through the training modules. 5. Develop a compilation of gender budget analysis resources and training in readiness for induction of MPs and staff for post-2015 elections. 22. New Initiative Creation of a women’s 1. To promote female political participation and 2008- National for Social rights coalition public awareness of the discrimination against the 2012 Endowment Development rights of women in Ekiti state. for Democracy (NISD) 2. To organize workshops and provide free legal services for women in the state. 23. New Initiative Increasing Women’s 1. To strengthen the capacity of women to 2015- National for Social Participation in Democratic advocate for increased political participation in 2016 Endowment Development Governance of Osun and the governments of Osun and Oyo states, and for Democracy (NISD) Oyo States to institutionalize political structures that will promote women’s rights. 24. Nigerian Women 1. Women’s Political 1. To empower young women to proactively engage 2014 National Trust Fund Participation Campaign in political processes throughout Nigeria Endowment a. produce and distribute for Democracy a short advocacy video starring prominent Nigerian women that addresses the factors impeding the emergence of women in elected positions and magnifies the benefits of increased women’s political participation. b. media campaign highlighting this cause and integrate the campaign into other women’s empowerment programs in the run up to the 2015 general elections.

70 S/N Organisation Project(s) Project Objectives Year Funding 25. Nigerian Women 1. Young Women’s 1. To empower young women with the advocacy, 2015 National Trust Fund Leadership Project organizing, and leadership skills necessary to Endowment a. implement a leadership participate in the political decision-making for Democracy program targeting 18 to 25 processes in Nasarawa and Niger states year old women in schools that will teach participants how to engage in the political system. b. support these young women in conducting a series of civic activities. 26. Nigerian Women 1. Young Women’s 1. To empower young women with the advocacy, 2016 National Trust Fund Leadership Project II organizing, and leadership skills necessary to Endowment a. implement a leadership participate in the political decision-making for Democracy program targeting 18 to processes in Abia and Kogi states. 30-year-old women in post-secondary institutions that will teach participants how to effectively engage in the political system. b. support these young women to conduct a series of civic activities targeting students, communities, and State Houses of Assembly. 27. Policy and Legal Expanding Political 1. To build the capacity of women to participate 2017 Ford Advocacy Centre Participation of Women actively in governance and public decision- Foundation (PLAC) making in Nigeria through dialogue and consultations with policy makers 2. To create awareness and expand conversations on the challenges and solutions to women’s participation in governance. 28. Policy and Legal Strengthening Democratic 2017 - European Advocacy Centre Governance in Nigeria (EU 1. To support National Assembly to take actions 2021 Union (PLAC) - SDGN) aimed at advancing the rights of marginalised groups in elections

29. Women Advocates Mentoring Young Women 2015 Research and and the Future of Women’s Documentation Political Participation Centre (WARDC)

71 S/N Organisation Project(s) Project Objectives Year Funding 30. Women Advocates Feminist Consultation on 1. To discuss the state of the Nation particularly 2017 Research and CEDAW & the State of the with respect to recent developments in relation to Documentation Nation Gender and Constitution, the failure of the present Centre (WARDC) government to support its promises to women in particular Affirmative Action, Citizenship, Indigeneship and other issues. 31. Women Advocates 1. Organize capacity 1. To strengthen the capacity of civil society 2011- National Research and building trainings, actors, particularly women leaders to promote 2012 Endowment Documentation governance accountability accountability in the design and implementation for Democracy Centre (WARDC) forums, and consultative of state policies in the Niger Delta dialogues on the national gender policy for women leaders from the region. 2. Track the implementation of state annual budgets 3. Prepare policy briefs for legislative advocacy. 32. Women Arise for Enhancing Women’s 1. To enhance women’s political participation by 2014- National Change Initiative Political Participation in promoting female political aspirants and women’s 2015 Endowment Southwest Nigeria mass mobilization for the 2015 elections in Lagos, for Democracy ‘Towards an Action Plan Ogun, and Oyo states, for Africa: the African 2. Conduct leadership trainings for women’s Democracy Summit,’ organizations, women political aspirants’ workshops, and women’s political participation advocacy campaigns. 33. Women for 1. Publish a training 1. To strengthen the capacity of newly elected state 2009 National Development manual and organize and local government legislators in Ekiti and -2010 Endowment and Leadership a series of legislative Ondo states. for Democracy (WODEL) training workshops 2. To strengthen the capacity of lawmakers in Ekiti to equip legislators in State to understand their representative functions understanding their and to raise awareness among party leaders to representative duties support legislative candidates with antecedents of and oversight functions. good performance for re- election. 2. Organize a series of workshops to build the governance capacity of lawmakers and party leaders in the state. 3. Conduct visits to the state legislature to record bills and resolutions passed.

72 S/N Organisation Project(s) Project Objectives Year Funding 34. Women in Need Mobilizing Women for 1. To educate and mobilize women to participate 2016 National Foundation Political Participation in politics in Kaduna State, and to encourage Endowment community leaders to include women in decision- for Democracy making. 2. To equip politically active women with the knowledge and skills they need to compete at the polls, and will train them how to be agents of change in their communities. 35. Women Law and Interactive Forum on 1. To present the published ‘Gender Audit of the 2008 Gender & Development Gender and the Constitution Nigeria 2007 General Elections’ Constitution Centre Reform Network (GECORN) 36. Women Law and Advocacy visits to 1. To build the capacity of women, to empower them 2010 UNIFEM Development stakeholders and opinion to be agents of their own Centre leaders 2. Towards sustaining increase in women’s participation in democracy and governance in Nigeria 37. Women Law and Promoting women’s 2010 OSIWA/ Development participation in politics Lagos State Centre and governance in Nigeria- Ministry of strategizing for 2011 Women Affairs election. & Poverty Alleviation (WAPA) 38. Women Law and Gender and Economic 1. To strengthen the skills and abilities of young 2012 Oxfam-Novib Development Justice researchers and activist, train researchers and through Centre activist in action oriented research methodology AAWORD/ and economic analysis and also develop a AFARD database of young researchers to ensure quality research, data collection, lobbying and advocacy skills

73 S/N Organisation Project(s) Project Objectives Year Funding 39. Women’s Rights Enhancing Women’s 1. Enhance women’s political participation through 2013-2015 WRAPA and Advancement Political Participation massive political party registration for enhanced National and Protection status and stake. Endowment Alternative 2. Improve gender demand for accountability for Democracy (WRAPA) through entrenchment of best practices in membership recruitment and internal party democracy practices. 3. Increase the critical mass of women to avail political parties with a pool to draw from and enhance women’s inclusion in electoral activities such as selection of delegates for party primaries, fielding of candidates for elective and appointive positions, deployment of polling agents at elections and overall mobilization of voters. 4. Increase in women’s negotiating and collaborating powers within and across political parties. 40. Women’s Rights 1. Enhancing Women’s 1. To enhance women’s political participation 2014 National Advancement Representation in through mass political party registration and Endowment and Protection Nigeria’s 2015 Election primary contestation in Northeast and Northwest for Democracy Alternative a. Facilitate training of Nigeria. (WRAPA) trainers’ workshops and step down trainings on women’s political party mobilization for civil society organizations in Northern Nigeria.

74 APPENDIX III

LIST OF LAWS, POLICIES AND PRACTICES THAT DISCRIMINATE AGAINST WOMEN IN NIGERIA

FEDERAL LAWS S/N Laws Findings Recommendation 1 The Constitution i. Section 42(3) of the Constitution has denied the right to i. Section 42(3) should be repealed from the freedom from discrimination in appointments to public Constitution. offices. Even though this is not directed specifically ii. Amendment to section 26(2) of the Constitution to against women, however, it has removed their right to read person who is or has been married to a citizen freedom from discrimination in appointment to public of Nigeria. offices. This will confer equal rights on both male and ii. Section 26 of the Constitution provides that only a woman female foreign spouses of citizens of Nigerians who is or has been married to a citizen of Nigeria can to be able to acquire Nigerian citizenship by become a Nigerian citizen by registration. However, the registration. husband of a Nigerian (female) citizen cannot so become a Nigerian citizen. This is discriminatory against a Nigerian woman, who has been thereby denied the opportunity of her foreign husband being able to acquire Nigerian citizenship by registration in consequence of his marriage to her. That means that a wife is incapable of conferring such a status on her husband, when a husband can confer it on his wife. 2 Electoral Law There is no law or regulation which reserves any The Affirmative Action Policy of 30% should be specific percentage of elective offices to women, be it in supported by legislation, with a time frame for the government or the political parties. Only the National achievement of the target. Policy on Women 2000 provides for a target of 30% to be reserved for women in the Legislative and Executive branches of government, as well as in the Political Parties. 3 Police Regulation i. Women are recruited into the General Duties Branch in i. Women should be recruited to normal police clerical, telephone and office orderly duties, in order to duties, like their male counterparts and they relieve male police officers from these duties. should not be employed in any position to relieve ii. Women police officers are restricted not to be called their male counterparts. upon to drill under arms or take part in any baton or riot ii. Women should be allowed to drill under arms, exercise. and take part in baton and riot exercises. iii. Women police officers, who wish to get married, unlike iii. Women police officers should no longer be singled their male counterparts, must apply for permission to get out for obtaining permission before getting married and be so permitted before they can get married. married. iv. An unmarried police officer who gets pregnant shall be iv. Unmarried police women should never again be discharged from the Force, and shall not be re-enlisted discharged from the Force. except with the approval of the Inspector-General of It is recommended that the recommendations be Police. achieved through the repeal of the relevant police regulations.

75 4 Tax Laws Legal provisions treat both men and women equally. However, i. Women, in accordance with the provisions of the Policy of the Joint Tax Board discriminates against the law, should be allowed to enjoy allowable women as follows: deductions for their dependent children without i. Allowable deductions for dependent children are given having to prove the dependency of the children to the husband, but not the wife, unless the woman can upon them specifically, and the children should be actually prove the dependency of the children upon her. distributed between the husband and wife equally ii. Single mothers are denied allowable deductions for their for this purpose. dependent children because of their inability to produce ii. Single mothers should no longer be required to marriage certificates. produce any marriage certificate before they can claim the allowable deductions for their children. 5 Labour Laws i. Section 34(1) and 44 of the Labour Act allow an employed i. A woman should be entitled to be accompanied to person to be accompanied by members of his family, her place of employment by her family, including including up to two wives and children under the age of her husband and dependent children. Accordingly, sixteen years. This interprets family to mean wives and sections 34(1) and (44) of the Labour Act should be children, without contemplating husbands. amended to give effect to this. ii. Women are not to be employed on night work in ii. As regards findings (ii) and (iii), women should industrial and agricultural undertakings positions, except not be prohibited from being engaged on night in nursing or supervisory management positions. work or underground manual work in mines, iii. Women are not to be employed in underground manual as it tends to restrict employment opportunities work in mines. for them. Rather, women should be employed in all fields of employment. However, appropriate protection should be provided for them in terms of equipments and facilities. Accordingly, sections 55 and 56 of the Labour Act should be so amended. 6 Land Use Act Section 24 of the Act has provided the applicability of Amendment of section 24(b) to enable a woman to be customary laws of the locality of the land or of the deceased entitled to inherit and occupy the land itself. occupier to the devolution of landed property of the deceased on his death, excepting that such customary laws shall not operate to deprive any person of the beneficial interest in the land or the proceeds of sale. It, however, preserves the prohibition, restriction or regulation of the right to occupy of the land, in which case, a woman may not be allowed to inherit the land and occupy it, even though she may be entitled to inherit the beneficial interest therefrom, as has been held in the cases of Folarin V. Cole and Coker V. Coker.

7 National Commission for The provisions of this Act seek to promote the full utilization of There should be vigorous implementation of the Women’s Act women in the development of human resources, and to bring objectives of the legislation itemized in its sections 2 about their acceptance as full participants in every phase of and 5. There should also be a policy tantamounting to human development. The positive provisions of the Act do not, an Affirmative Action, whereby a certain percentage, at in any way, discriminate against women. least, thirty per cent (30%) of all credit schemes, (micro and otherwise) should be reserved exclusively for women. 8 Other Laws All laws relating to economic development, financial and fiscal Affirmative Action should be employed to enable policies, banking and other financial institutions, contain no special assistance be given to women in order to discriminatory provisions against women. accelerate their pace of participation in national development.

76 9 Marriage Act Parental consent to marriage required for a minor is specified Section 18 should be amended to require the joint as being the consent of the father, unless he be dead or of consent of the two parents. unsound mind or absent from Nigeria, when the consent of the will be acceptable according to section 18.

10 Child’s Rights Act Section 21 of the Act fixes eighteen years as the minimum Eighteen years should be widely legislated as the age for marriage and betrothal, thereby prohibiting child minimum age for marriage in Nigeria. marriages, in which the greatest victims are girl-children.

11 Matrimonial Causes Act In citing the employment of violence by the respondent spouse Section 16(e) should be amended to provide that - as a situation which the abused spouse finds it intolerable to i. Constant employment of violence, (that is, any continue to live with, as provided for in section 15(2)(c), section amount of violence), should be a ground for 16(e) provides that – divorce, and i. The abusive violence must reach the dimension of ii. The respondent/abusive spouse need not have attempted murder, inflicting grievous harm or intent to been convicted of any of the listed offences. commit either or both of them. The abused spouse/petitioner should simply be ii. The abusive spouse must actually have been convicted of required to provide evidence of such abusive the offence in question. violence, and prove same beyond reasonable The provisions of section 16(e) mean that only extreme violence doubt. will be acceptable as a ground for divorce and, even then, the abusive spouse should first have been convicted of the serious offences instanced before the abusive violence can ground a divorce. As a result of this provision, the court has held that not all violence are intolerable - / Akinbuwa V. Akinbuwa and Otti V. Otti.

77 12 Criminal Code i. The provisions of sections 34, 36 and 10, conferring the i. Sections 34, 36, and 10, as well as the definitions in defence of spousal exemption in respect of offences of section 1(i) must be amended to make the defences conspiracy, stealing and accessory after the fact, have available to all wives of all marriages, with the restricted this defence to only spouses of monogamous proviso that the defence will not be available marriages, thereby leaving the vast majority of Nigerian where the offence is against another wife or any of women, who are polygamously married, unprotected, and the children. thereby discriminated against. ii. Sections 353 and 360 should be harmonized, and ii. The provisions of sections 353 and 360, on indecent only one gender neutral offence should be created, assaults on males and females, are more protective of with one punishment for the offence, whether it males than females, in that they provide higher penalties affects males or females. for these offences when they are committed against males iii. Sections 283 and 284 should be specifically than when they are committed against females, thereby amended to recognize classes of the reasonable giving the impression that such offences, when committed man, which should include level of civilization/ against males are more serious than when they are education, youth, and females in such a way as to committed against females. consider the establishment of a standard for the iii. The provisions of section 283 and 284 on provocation, reasonable female, which will relax the rules on as regards the elements of the reasonable man and spontaneity, for female offenders, and there will spontaneity, as interpreted by the cases, tend to give the be no need to grope for other defences to save impression that only male characteristics are considered, females from being convicted when they react to without any accommodation for females as a class or prolonged abusive treatment. status, even though such an approach has been conceded to youths as a class or status. The result is that women have largely lost out in cases of , where the male oriented tests have imposed male oriented standards of the reasonable man in the application of the test of spontaneity. 13 Penal Code The provision of section 55(1) (d) appears to sanctions the The provision should be repealed and the offence application of violence by the husband on a wife for the abolished, in order to enable Nigeria implement her purpose of correcting his wife. This amounts to a terrible treaty obligations under CEDAW. discriminatory legal sanction of wife battery, provided it does not amount to infliction of grievous hurt. This is a clear violation of the right of a woman to the sanctity and dignity of her person provided for in section 34(1) (a) of the Constitution.

78 14 Evidence Act i. The Act has put impediments in the way of proving (i) The requirement of corroboration required for offences of defilement of girls (sections 218 and 221 of these female targeted offences should be abolished Criminal Code), and procuration of a woman to be a by the deletion of these offences from section common prostitute, etc. (section 223 of the Criminal 179(5). Code), or defilement of a woman by (ii) Section 211 of the Act should be repealed in its intimidation or false pretence or by applying stupefying entirety so that a woman’s right to her body and or overpowering thing (Criminal Code, section 224), to consent to sexual intercourse or lesser sexual by requiring corroboration before the offender can be advances can be maintained. convicted (section 179 (5) of the Evidence Act), when no (iii) Section 2 of the Act should be amended to make such corroboration is even required for murder, attempted the terms wife and husband apply to spouses of all murder or infliction of grievous harm. marriages. ii. Section 211 of the Evidence Act allows the introduction of (iv) The Proviso to section 162 should be repealed. questions tending to suggest that the female victim of a rape, attempted rape or indecent assault, is of a generally immoral character, whether she has had connection with other men or with the accused person on other occasions. This would amount to secondary victimization of the female victim of these offences, and it will tend to put very great obstacle in the way of successful prosecution of the cases. iii. Spouses of monogamous and Islamic marriages are protected from being compellable to testify against their husbands or wives, except in the specified cases; whereas no such protection is given to the spouse of a Customary Law marriage. iv. Spouses of monogamous and Islamic marriages are also protected from been compellable to disclose in evidence before a court trying the other spouse spousal/marital communication during marriage without the application of the other spouse. Such protection does not exist for the wife of a Customary Law marriage.

15 Interpretation Act Nigerian legal provisions are drafted only in the masculine Section 14 should be abolished, and all legislations gender, because section 14 of the Act provides that words should be drafted to be any person, his or her, him or importing the masculine gender include the feminine. This her henceforth, in order to reflect gender equality in our clearly violates the principles of legislative equality of men and legislations. women, thereby violating Article 2(a) of CEDAW.

79 STATE LAWS S/N Laws Findings Recommendation 1 Political Laws i. Even though there are no discriminatory laws against The situation reflected in findings should be rectified appointments of women to public offices, yet practices have and improved Affirmative Action of a minimum varied among the Zones. In the Northern Zones and some percentage of 30% should be implemented vigorously, Southern Zones, like the South-South and part of the South- in those States where women are still discriminated East, very few women are appointed to high government against in political and other public appointments. posts. The clear exceptions are in the South-West, with Lagos, Ogun and Oyo States predominating in the wide appointments of women to high Executive positions in the Public Service. ii. However, throughout Nigeria when it comes to cabinet appointments to the posts of Commissioner, very few women are appointed to these posts. iii. Women fare better only in the judiciary in some of the states. 2 Tax Laws Women in the various States claimed that they paid a higher i. Same taxation principles/formula should apply percentage of their income in tax than their male counterparts, for equal taxation of both males and females, as except for the Mbula and Bachama people of Numan LGA of discussed at the Federal level. Adamawa State, where women above the age of 50 years of age ii. All other States and LGAs should consider and unmarried women are exempted from paying taxes. adopting the policy of not taxing the 50 year old and above, except where they are business women. 3 Labour Laws i. No discriminatory labour laws were found in the States. i. Labour Act should be duly amended and proposed ii. Discriminatory practices, however, have been found to exist under Federal Laws, should be strictly enforced, as follows: particularly as regards the issue of maternity leave. · Refusal of jobs to pregnant women ii. All discriminatory practices against women should · No employment for married women in some financial be abolished, with legislative sanctions, for such institutions, and when employed, they are prohibited practices as - from becoming pregnant for the first three years of · Refusal of jobs to pregnant women their employment · Imposition of no-pregnancy conditions for married · Women in the Agricultural sector were paid only one women third (1/3) of the earnings of their male counterparts iii. An equal pay for equal work policy must be · In most Northern States, women are discriminated established for both males and females against in relation to promotion to decision-making iv. Rent subsidies should be paid to both husband positions and wife, since each employee, who should be is · In the Private Sector, women are denied receipt of an individual employee entitled to his or her own Rent Supplements, where their husbands receives the Conditions of Service. Rent Supplements v. Children of female employees should be regarded · Children of female employees are not deemed to be as dependent children of their mothers for dependents of their mothers unless the father has died, purposes of deductible allowances, in accordance is of unsound mind or is out of Nigeria with the rule of apportionment for joint parental · Wives supporting jobless husbands have no deductible maintenance of the children. allowances on that ground vi. Wives should be given deductible allowances for the maintenance of their jobless husbands. 4 Other Laws Women in the North-East Zone are not given professional driving Qualified/competent women should be given licences. professional driving licences.

80 5 Property Laws i. In the South-West, South-East and North-Central Zones, any All women, married or single, should be given the woman, married or single can acquire, hold and dispose of capacity to acquire, hold and dispose of movable and any property. immovable property on their own. ii. In the North-East Zone, only married women can acquire, hold and dispose of any property. iii. In Rivers State in the South-South Zone, only women married monogamously under the Marriage Act can own property on their own. 6 Marriage Laws i. Girl-child’s consent to marriage was found to be largely i. Marriageable age should be legislatively fixed at irrelevant in the North-East, North-West and North-Central eighteen years, in accordance with the provisions Zones. of the Child’s Rights Act/Laws. ii. In of the North-West, the Infants Law ii. Consent of the parties must be essential for encourages child marriages and infant marriage settlements. marriage. iii. In the South-South, South-East and South-West, only adults, (iii) Dowry should be made merely symbolic, or even, who have consented, can get married. Adulthood is fixed be abolished. at sixteen years in the South-East, whilst there was no age in the South-West, except Ogun State, which has fixed its marriageable age at eighteen years under its Child’s Rights Law, 2004. iv. In the South-East, dowry is limited to N60 by law, which is observed only in its breach. v. In the South-West, families are moving away from accepting dowries for their daughters, on the ground that their daughters are not for sale. 7 Education Laws i. Promoting girl-child education, e.g. the Withdrawal of Girls i. Laws, prohibiting withdrawal of children from from School for Marriage (Prohibition) Law, 1985, No. 17 of school for any purpose should be enacted in all . States ii. Promoting boys education in Schools, e.g. the Juveniles ii. Laws prohibiting hawking by school-age children Accompanying Koranic Mallams Law, 1985, No. 76 of at any time should be enacted in all States. Bauchi State. iii. All States must pass laws making education free iii. Banning Hawking for School-age Children during School and compulsory for primary and junior secondary Hours Law, 2000 of Ebonyi State. schools. iv. Making education from primary to junior secondary schools iv. All such existing laws, including the Universal free and compulsory in Ebonyi State. Basic Education Act, should be vigorously enforced. 8 Chieftaincy Laws i. In most Nigerian communities, women are side-lined in Chieftaincy is a traditional matter, accordingly, those traditional chieftaincy matters. communities not currently having the practice, should ii. In the South-West Zone, women are appointed to certain be encouraged to initiate traditional chieftaincy traditional chieftaincies. positions for women, who can sit in Kings’ – Councils. iii. No community in Nigeria has provision for women to become rulers of their communities, although women can be regents in the South-West Zone. 9 Reproductive Rights Only Edo and Rivers States in the South-South Zone have any laws All States should seriously consider passing laws Laws relating to reproductive rights. granting reproductive rights to women.

81 10 Criminal Code i. Criminal Codes and Penal Codes apply, respectively, in i. All amendments recommended for the Criminal the Southern and Northern States. All the discriminatory Codes and the Penal Code under the Federal Laws provisions considered under Federal Laws also exist in the are recommended for the States to adopt and States. implement. ii. Twelve Northern States have also introduced the ii. No recommendation is made about Sharia Penal Penal Codes, which, strictly speaking, do not contain any Codes, excepting that their constitutionality provisions, which are discriminatory against women, as the should be challenged by women, in view of their offences of adultery and fornication, for instance, are created draconian penalties. for both male and female partners in the act. 11 Interpretation Laws The Laws of States, e.g. the Interpretation Law, Cap. 64, Laws of Gender equality should be promoted in States’ Akwa Ibom 2000, like the Federal Act, also provide that words legislations, as recommended in respect of the Federal importing the masculine gender shall include the feminine. legislation. 12 Law of Evidence i. Some States, like Rivers State have amended their Criminal i. The Evidence Act is a Federal legislation. Procedure Laws, to enable trials for rape to be conducted in Therefore, all observations and recommendations camera. made regarding it are applicable to the States and ii. Some other States, like Edo and Akwa Ibom, however, still should be adopted by them, in order to eliminate try rape cases in open court. discrimination against women under the Act. iii. Some States are proposing legislation to enable rape cases be ii. All States should be encouraged to conduct trial of tried in Chambers. rape cases in camera or in Chambers, which also iv. Islamic Law of Evidence implies that evidence of two accommodates (iii) above. female witnesses cannot credibly prove a claim without the iii. Correspondingly, States should be encouraged to evidence of a male witness. move away from public trial of rape cases, in order to avoid secondary victimization of rape victims. iv. The Islamic evidentiary rule that requires male evidence to credibly prove a claim should be abolished by legislation. The evidence of all witnesses, male and female, should be treated equally, without any weight being attached to the gender of a witness. 13 Exclusion of Principle of i. In most Northern States legislations, there is express i. All States should repeal all provisions, which Non-discrimination from exclusion of the operation of the principle of non- expressly or impliedly exclude the operation of Legislations discrimination to legislations passed by the States. the principle of non-discrimination to legislations ii. In the Southern States, there is evidence of considerable passed by them. legislative activism towards the recognition of the rights of ii. All States should be encouraged to quicken the women and children. pace of their legislative, and even judicial, activism towards the recognition of the rights of women and children.

82 LOCAL GOVERNMENT BYE-LAWS S/N Laws/Practices Findings Recommendation 1 Tax Levies i. Women, who are not government workers, are generally i. The human practice of not taxing old women and exempted from payment of taxes on the assumption women who are not earning any income should be that a woman does not earn an income e.g., in the Local more generally adopted by Local Governments. Government of the South East, Local Governments ii. Discriminatory taxing of women should give in the South-West, where Local Government levies are way to equitable taxation system which will not generally considered to be gender sensitive. discriminate between males and females. ii. In Numan Local Government in the North-East Zone, women above 50 years of aged unmarried women are exempted from paying tax. iii. However, for women Local Government employees, the taxing of women is discriminatory in the sense that they do not receive deductible allowances for their dependent children, etc., unlike their male counterparts. 2 Indigeneship i. Women (wives) are discriminated against in relation to All States and Local Governments should adopt the elective posts or high government or judicial appointments. non-discriminatory policy of Lagos State in their The women (a wife) are usually referred by to her home appointments processed. state of origin. This practice was notable in Akwa Ibom, even though the wife is assumed to have lost her nativity at marriage and becomes subsumed in her husband’s home. CUSTOMARY LAWS S/N Laws/Practices Findings Recommendation 1 Women as Spouses i. Women are not accorded the benefits of the membership i. States should pass legislations which will ensure of their matrimonial families, as they are, at such that wives are fully and fairly subsumed into points, regarded as strangers from some other families, their husbands’ families, and all benefits of family notwithstanding the fact that a woman is deemed to have membership be legally bestowed upon them, so lost her separate identity and have been subsumed into her that they can enforce their rights to such benefits husband’s home. However, when it comes to carrying duties within their husbands’ homes and families. and responsibilities, they are then regarded very much as ii. States still practicing twin/wife rejection should members of their husbands’ families. South-East and South- enact legislations outlawing such practices South Zones are very predominant in such practices. forthwith. ii. Husbands still reject (i.e., drive away) their wives who give birth to twins. This is a relic (in fact, a modified version) of the old barbaric practice of killing twins, which has been treated with the application of the law on murder. Such practice of wife rejection on giving birth to twins is still very much in vogue in Ikot-Ekpenne in Akwa Ibom State and Bianu Town in Khana LGA and Ogoni in Rivers State, where the traditional rulers still reject their wives for giving birth to twins.

83 2 Women as Community i. Married women, who are not members of the communities i. Legislation should be enacted in all states Members of their husbands (i.e., indigene married women), are conferring state and community membership on considered not to be members of the communities in women who have married into any community in question. They remain visitors to the communities, no matter any state in Nigeria, and that such women should the number of their years of settlement in the area. The most be entitled to all rights and benefits accruing to prominent in this practice are the Bekwara people in the other members of their marital communities by Northern par to Cross Rivers State. reason of their membership of those communities. ii. Married women in the South-West Zone are accepted Discrimination against non-indigene wives in as members of their communities. They have even been their marital communities should be expressly conferred with traditional chieftaincy titles, usually along prohibited. with their husbands, in such communities. ii. Legislation must be without prejudice to the right iii. Some communities have so believed in this type of of such women to enjoy dual membership of absorption into the husband’s community that they then their marital and indigenous home communities. deny their own daughters married into other communities After all, every Nigerian is also entitled to dual such benefits as elective, high public or judicial appointive citizenship. Accordingly, the legislation should posts, in the belief that it is their husband’s community prohibit all discrimination against a woman who which should cater for them. In such a situation, the woman has married outside her home community by both may lose both ways if the husband’s community believes her home community and her marital community. that should get such elective or appointive posts from her own home community. 3 Dowry/Bride Price i. This is a universal concept in Nigeria, although some Total abolition of dowry/bride price, as a requirement communities particularly in the South-West are now moving for contracting any marriage, Customary or Islamic, away from dowry/bride price on the ground that their by legislation is seriously and urgently recommended, daughters are not for sale. particularly as its attempted regulation/control has ii. Communities in the South-East, which have sought to curtail totally failed in the South-East. Such prohibition should the exorbitance of bride price by legislation, have seen that be on pain of a serious sanction. It is high time that the law has totally failed, as the price now varies with the anything smacking of sale of daughters be brought quality of the bride, particularly as regarded her level of to an immediate end in Nigeria. It is certainly not a education. civilized concept as it is comfortably close to trafficking on human persons. Abolition of dowry/bride price will remove all other incidents/significance of dowry/bride price, particularly about its return or non-return on dissolution of marriage. 4 Spousal Relationship i. Supremacy of husband, as head of the family has been found As this is a delicate human relationship issue, it cannot to be the norm in all the communities of Nigeria. Female be solved by legislation. However, serious advocacy is influence on their husbands’ decisions is usually exerted recommended for effecting attitudinal change in this behind the scenes, in order not to portray their husbands in area. public as weaklings. ii. In Akwa Ibom State, the supremacy of the husband is not in doubt in the sense that where he reports his wife to Council of Elders of the village, his wife is made to apologise and to pay a fine, even if the man is found to be at fault. This is an injustice of the highest order.

84 5 Divorce General All states should legislate to confer the right to initiate i. In some communities, only men can initiate divorce divorce proceedings at Customary Law upon wives, so proceedings. A woman who initiates divorce proceedings is that they will not be trapped to remain in undesirable considered to be wayward, e.g., communities in Akwa Ibom marriages, and to be discard-able only at the will of and Rivers State. The only exceptional circumstance when a their husbands. woman is permitted to initiate divorce proceedings is when it is obvious that her life is endangered. ii. In the South-West, women, like men, are free to initiate divorce proceedings whenever they desire it. Causes for Divorce In as much as adultery is penalized only where it is Adultery committed by a woman, the principle of customary i. In all the communities, without any exception, only adultery law in question is violating the principle of equality by a woman is frowned upon and can constitute a cause between men and women which Article 2(a) for divorce. Adultery by a man is not considered to be an enjoins all State Parties to embody in their national offence, but rather, an expression of his virility. constitutions or other appropriate legislation, and to ii. In the South-East, adultery is not necessarily a cause for ensure, through law and other appropriate means, the divorce, as the woman will be required to appease her practical realization of this principle. Accordingly, it is husband and his ancestors through the provision of an recommended that all states should legislate to make animal, usually a goat in most of the communities. adultery a cause of divorce for both spouses under Customary Law. Violence All States should pass legislation to outlaw violence i. Moderate violence is acceptable in virtually all communities within the marriage, should be made a cause for diverse for purposes of correcting the wife. for both spouses. ii. Excessive violence is accepted as a cause for divorce in most communities except in Akwa Ibom and Cross River States. Failure to Provide A legislative provision should be enacted in each State, i. In the South-West and the North, women are supposed to be which will enable the consideration of spouses’ actual provided for by their husbands; and failure to do so by him economic capacity, in the ascription of the responsibility is a good cause for divorce. to provide or supplement the provision for maintenance ii. In Akwa Ibom, Cross River and Ebonyi States (particularly of the home. Failure to discharge such responsibility by the Abakaliki area) failure by the woman to support or even whichever spouse on a significant or prolonged bases provide for the husband is a cause for divorce) can then be made a cause for divorce.

Impotence i. No recommendation will be advanced to make i. Impotence is generally accepted as a ground for divorcee, a cause for divorce. particularly in the South-West where it is used in open court. ii. In as much as our law recognizes adoption of ii. In the South-East, arrangements are made by the husband children, cases of children through surrogate and/or his family for the wife to be copulating with another wives should be merely regularized by adoption, man in order that she may conceive and bear children for the whereby the surrogate mother will formally adopt family. This may be with or without the knowledge of the the surrogate children. husband. In such cases, impotence is not used as a cause for divorce; otherwise, it is take another wife or wives. iii. In the South-East, the woman may take a surrogate wife who will be giving birth to issue or issues for her, and the family. Usually this step is taken by widows or women who have moved out of their husband’s house. The children so born are regarded at Customary Law, as her own, children, not the children of the surrogate wife, who is recognized as her own wife. This practice still endures despite the decision in Edet v. Essien

85 6 Consent i. Consent of female parties to a marriage is today required i. Consent of the male and female parties to any and mandatory for marriages, excepting in Akwa Ibom and marriage must be both required ad mandatory. Northern part of Cross River State. This must be established by a legal provision in all ii. In the North, consent of the female party for the first States, particularly in Akwa Ibom and Cross River marriage is required but not mandatory; but for subsequent States. marriages, it is both required and mandatory. ii. The recommendation that will be made about iii. Parental consent for Customary Law marriages is an parental consent is that it should not invalidate essential, and therefore, both required and mandatory, in any marriage to which two adult parties have view of the concept of union between two families. consented. Accordingly, in such cases, consent of the parties should override lack of parental consent. 7 Inheritance/Succession Inheritance of by a woman as a Femme Sole i. Legislative provision should be enacted in all i. Sons are favoured to inherit their father’s property, than States to enable both male and female children females, except in the South West, where daughters are inherit their parents’ properties. entitled to inherit beneficial interest in the father’s property. ii. The Customary practice of Nrachi Nwanyi should ii. In the South-East, a woman is kept back in her father’s house be abolished by legislation. The fathers in such to raise son for him, can inherit from his property, that is a situation should be free to adopt male children, woman subject to the custom of Nrachi Nwanyi a custom including male children of his daughters. declared to be repugnant to natural justice, equity and good conscience in Mojekwu V. Ejikeme by the Court of Appeal. Inheritance by a Married Woman A legislative provision should be enacted, which i. A married woman has no right to succeed to her father’s will entitle married women to inherit their parents’ landed property. property, (both fathers’ and mothers’) along with their ii. A married woman has the right to succeed to her mother’s siblings, and they should take preference over their landed property. uncles and male cousins. Inheritance by a Widow i. Legislative provisions giving right of inheritance i. Except in the South-West, widow has no right to inherit her to their husband’s property, along with their husband’s property, especially where there is an heir, or children should be enacted for widows in all the heirs, in male children, or male siblings of her late husband. States of the federation. ii. Widows, except in the South-West, only have rights of ii. In such legislation, succession per stripes, (i.e. occupation to their rooms in their matrimonial homes, or Idigi) should be abolished, and all succession to use of farm lands to farm to support herself and her should be per capita (Ori Ojori), which guarantees children. equal treatment of all children should become the universal basis for sharing property to children, with no gender distinction. 8 Single Parenthood Single parenthood is frowned upon and the child is deemed to Legislative provision should be enacted to remove belong to the mother’s family, unless there is acknowledgement all discrimination against single mothers and their of paternity by the father, or if dead, by his family, or dowry is children, and such children should be entitled to paid on the girl, when the child can then belong to the father’s inherit/or inherit from their father’s property. family.

86 9 Custody of Children Custody of children is given to their fathers, unless the children i. Custody of children are best awarded to their are at a very tender age, when custody is awarded to the mother mothers, in view of the adverse effect of step- until they are six years old, I order that they may enjoy the motherhood on children, unless she is found not to emotional and psychological support of their mothers. be responsible. ii. Fathers must be made to support and maintain such children whose custody has been awarded to their mothers. 10 Control of Family Women, not being heads of families, except in the south-West do Legislative provision should be enacted which will Property not exercise control over family assets. permit a responsible man or woman to control family assets; whilst the same provision should disentitle any man or woman, on the ground of proven irresponsibility, from controlling family assets. 11 Control of Community Women generally do not belong to the traditional chieftaincy It had earlier been recommended that women should Property group, which controls community property, together with Chiefs, be admitted to the ranks of traditional chiefs. This will Kings, Obis, Igwes or Obas – in – Council. bring them into the group which controls community property. 12 Chieftaincy i. Chieftaincy titles are generally male dominated A law should be enacted to open up traditional ii. In Benin, Edo State, the Oba’s mother is given the traditional chieftaincy titles for women, as recommended for the title of Iyoba. States iii. In South West, there are traditional titled chiefs who sit in the King’s Council. iv. In the South-West and Afikpo, a woman can be a regent. v. Among the Kanuri’s of , women are appointed to positions of leadership in the traditional set up, albeit insignificant ones. 13 Other Forms of Political Number of women who participate in politics is still very small The Affirmative Action policy of achieving a minimum Participation of 30% should be legislatively implemented. 14 Women Economic i. Women in the South-West have unfettered access to i. Legislative provision should be enacted Participation economic participation. to enable women participate freely in any form of ii. In the South-East, women are not allowed to cultivate yams, legitimate economic activity. although they freely participate in trading, farming and ii. Anti-Trafficking laws should be passed I all the other jobs not within the male domain. stated and be seriously monitored. iii. In Akwa Ibom and Cross River States, the girl-child is trafficked, whilst they alternatively marry the girl off for a price.

87 TRADITIONAL PRACTICES S/N Practices Findings Recommendation 1 Property i. Generally and in patrilineal societies, except in the South- A legislative provision should be enacted in all states to West, where both gender inherit. enable women, married, single or widowed to own and ii. In matrilineal societies a woman’s children inherit through inherit any property, and all their children, male and their matrilineal lineage e.g., Okpekpe, Etsako East of Edo, female to be able to inherit any property from them. Akap areas of Cross River and Amasiri and Edda areas of Afikpo in Ebonyi States. iii. In Edo State, the promo-genitive rule, whereby only the first son inherits, is the practice. iv. In case of buildings and farms only me can own and inherit buildings, except in the South-West and the North. But in Rivers State even where a woman buys and builds a building, her sons inherit and where it is a farm, it belongs to the husband. In Ogoja, a woman cannot own a farm separate from her husband. v. Clothes of a woman belong to her. 2 Widowhood Practices i. In Ikot Ekpene and Eket in the South-South, the widow In as much as a man/widower is not made to undergo is locked up in the room alone with the corpse of her any of these on the death of his wife, all these practices husband. must be abolished by legislation in those states ii. She is made to drink the water used to bathe the remains of practicing them. her late husband to prove her innocence in his death. iii. She is sometimes made to swear on the corpse of her late husband that she did not kill him. iv. She is compelled to choose one of her brothers-in-law in widow inheritance v. She cannot re-marry unless she pays a fine determined by her late husband’s family. vi. She is made to undergo a period of confinement as a widow. vii. In the South-East, she is made to shave her head during the mourning period. viii. In some societies, she is made to sleep on bare floor during mourning period, when she is expected to weep and wail, the louder the better. RELIGIOUS LAWS () S/N Practices Findings Recommendation 1 Property Rights i. Spouses are entitled to own property separately. Legislative provision should be enacted entitling only ii. In order to protect the wife against relatives in the event the wife or wives of a man and his children to inherit of the husband’s demise, both husband and wife decide to his property on his death, to the exclusion of his other acquire properties together. relatives. Provision should, however, be made for his aged parents. 2 Marriage The marriage is monogamous, where the man is enjoined to love his wife to the point of laying down his life for her; whilst she is enjoined to submit to him in everything. 3 Dowry/Bride Price The church does not concern itself with this. It is traditional. Earlier recommendations apply here. Consequently, the earlier findings are applicable.

88 4 Spousal Relationship The Bible prescribes that the man should love his wife to the The laws currently governing Christian marriages point of being able to lay down his life for her. Whilst the wife is should be retained, with the amendments earlier enjoined to submit to him in all things. proposed. 5 Divorce Divorce is disapproved of in Christian marriages, except for The existing law on divorce should be retained, adultery. In the Catholic Church, the marriage can only then be together with the recommended amendments. annulled. Other Grounds for Divorce These should be grounds for divorce, as earlier i. Failure to provide for wife and family is a breach of biblical accepted. injunction. ii. Violence is a breach of biblical injunction of love and harmony. iii. Impotence is a challenge, not a ground for divorce in Christianity.

6 Property Rights Inheritance rights are exercisable by either spouse, who The law should uphold the rights of women and (Inheritance) succeeds the deceased partners; whilst children two can inherit children to inherit their husband’s/father’s property. along with their parents, although extended family intrusion is still a problem. 7 Widowhood Harmful widowhood practices are incompatible with Christian These widowhood practices should be legislatively marriages and teachings, even though they still creep in into abolished. Christian marriages. 8 Single Parenthood The church disapproves of single parenthood. The law should uphold the reality when it exists and protect both single mothers and their children, with all the rights to maintenance ad to Inheritance from their fathers and mothers. 9 Chieftaincy Chieftaincy is traditional and alien to Christianity, which None is required here. employs different order for recognition, e.g. Knighthood. However, some churches are recognizing and even adopting it, e.g. the African Church and the Anglican Communion in the Southwest, which now confer their own chieftaincy titles on their deserving members. Even here men predominate. 10 Political Participation The Church encourages its members to aspire to and occupy No recommendation is required here. appointive and elective posts in Nigeria. 11 Economic Participation The Church does not, in any way, restrict women economic No recommendation is required here. participation in any way. 12 Burial Practices The Church determines the burial rights to be accorded to its No recommendation can be made to compel the Church dead members according to its own doctrines. to altar its burial activities. But advocacy is required to persuade the Catholic Church to accord full burial rites to a non-wedded woman, who is a member of the Church. 13 Custody of Children Since neither divorce nor separation is accepted to the Church, it The earlier recommendation on secular law should be does not concern itself with rules for custody. adopted to govern the situation here. 14 Control of Family Assets The Church does not normally interface. The earlier recommendation on applying secular law, based on sense of responsibility of the spouses, should be applied here.

89 RELIGIOUS LAWS (ISLAM) S/N Practices Findings Recommendation 1 Marriage One man can marry up to four wives. No recommendation is proposed here. 2 Movable/Immovable A woman has the right to acquire and own any property – No recommendation is required. Property buildings, farms, clothes, jewellery, etc. without any restrictions. 3 Consent in Marriage The consent of a woman to marriage is vital. Children are No recommendation is required. incapable of legally consenting. This means that child marriages are at variance with this injunction on consent. 4 Age of Marriage There is a misconception in the states visited that Islam permits . All available evidence, however, point to the contrary. But the states in the North-West visited have gone on to back this practice up with their infant laws in Kaduna, Sokoto and Zamfara states. 5 Dowry/Bride Price This was found to be the only payment sanctioned by the In as much as it is said to mean the price for the bride, Quran. returnable on divorce, the recommendation for its abolition by legislative enactment is hereby re-affirmed. 6 Spousal Relationship The Islamic injunction is to maintain and treat a wife well. No recommendation is made as the form of a marriage However, multiplicities of wives have troubled the marriage, is a matter of choice. with inter-wives’ jealousy. 7 Divorce Adultery: A ground of divorce when committed by the wife Should be a ground for divorce when committed by only. either spouse. Violence: Islam permits a man to minimally chastise his wife. The right of a husband to apply violence on his wife must be statutorily abolished including the repeal of section 55(1)(d) of the Penal Code. Failure to Provide for the Family: This is a ground for only a Earlier recommendation, based on the spouse ability, is wife to divorce their husband. re-affirmed here. Impotence: This is a ground of divorce for a wife. No recommendation is here recommended. Frigidity: This is not really a ground for divorce. No recommendation is here recommended. 8 Succession Succession is well regulated and the proportion is well worked Equal sharing for the children and widows out in favour of sons over and above wives and daughters. recommended. 9 Widowhood A widow is expected to keep a chaste period of 4 months and 10 No recommendation is proposed here. days, in order to preserve her mourning period and to clear all doubts about possible pregnancy for her late husband. 10 Chieftaincy Chieftaincy is not an Islamic institution. Islam does not concern The earlier recommendation of a legal provision to itself with it. appoint women to chieftaincy positions is hereby re- affirmed. 11 Political Participation Islam allows its adherents to participate in politics. No further recommendation is required here. 12 Economic Participation Women are free to participate in every lawful economic activity. No further recommendation is required here. 13 Single Parenthood Outside As this constitutes evidence of fornication it will attract The Capital offence here should be abolished. Matrimony punishment of death. 14 Custody of Children Islam permits children below 18 years to stay with their Recommendation for applying domestication of sense mothers, or where she is dead, with her relations. of responsibility by a parent is here repeated.

90 15 Control of Community This is left for community leaders and traditional chieftains to Earlier recommendation re-affirmed. Property control. DISCRIMINATORY POLICIES S/N Policies/Practices Findings Recommendation 1 Bail The Law does not prohibit a woman from standing surety for The law should be enforced to the letter to allow bail, but police refuse women from standing surety to bail women stand surety for suspects. suspects from police custody. 2 Dress Code Different communities, , establishments and Women should be allowed to wear what they like, institutions prescribe modes of dressing for their female provided they are decent and appropriate for the members or employees for different occasions. particular occasions. 3 Immigration i. Even though a married woman has the right to travel out i. A married woman should be able to obtain a of Nigeria, she cannot obtain an international passport passport without the requirement of a written without the written consent of her husband. consent from her husband as the practice violates ii. A married woman cannot obtain passport for her children the constitutional right of the woman to freedom without her husband’s consent. of movement and to own a passport. iii. Visa sections of foreign Embassies in Nigeria are now ii. Written consent of the father should continue to demanding husband’s written consent to their wives’ be required for obtaining passport for children, application for visa. provided that the written consent of mothers iv. Single women are usually denied visas by foreign should also be required where it is the husband embassies in Nigeria. applying for the passport. iii. Federal Government should make a very strong representation to the foreign embassies for refusing our single women visas. 4 Employment/Labour i. Findings are similar to those treated under Federal and i. All unfair and discriminatory labour/employment Practices State Laws. practices should be legislatively abolished, such ii. Nursing and midwifery students have their training that pregnancy should never again terminate any terminated on becoming pregnant. training or employment, sexual exploitation of iii. Some banks exploit female officers through prostitution to employers for corporate or institutional advantage secure deposits. should be outlawed. iv. Sexual harassment at places of work is quite noticeable. ii. Legislative provision against sexual harassment at v. Female children and adults are trafficked in for child the workplace should be enacted. labour and for prostitution. iii. The Anti-trafficking Laws should be vigorously and consistently enforced. 5 Foreign Service Posting Whereas a wife can accompany her husband on his diplomatic Provision should be made to ensure that the other posting abroad, no provision is made for a husband to spouse is able to accompany the spouse posted out to a accompany his wife who is given a foreign posting abroad. foreign country on diplomatic posting. 6 Breaking of Kolanut/ As a rule, only men usually the oldest men, perform these No recommendation is made, as this is not a proper Libation rituals, except in the case of old women in Onitsha, who have province for the Law. been initiated into the Odu Society.

Source: NCWD (2005)9

9 National Centre for Women Development, A compilation of the constitution, national and state statutes and regulations, local government bye-laws, customary laws and religious laws, policies and practices, and court decisions relating to the statuses of women and children, applicable in Nigeria, Abuja: NCWD, 2005. 91 APPENDIX IV

PRACTICAL MEASURES BY POLITICAL PARTIES TO ENHANCE WOMEN’S POLITICAL REPRESENTATION

S/N Measures Examples 1 Expand women’s Canada: Liberal Party of Ontario: representation in party Requires minimum representation of women and men at the Annual decision-making processes General Meeting (four men and four women of the 18 Constituency Association members). Parties can also introduce United Kingdom Labour Party: provisions in their statutes Takes steps to ensure gender parity in its delegations to the Party’s or constitutions to ensure Conference as well as to the Annual General Meeting. minimum representation of United States Democratic Party: each sex in decision-making “The National Convention shall be composed of delegates equally processes and activities divided between men and women.” United States Republican Party: “Each state shall endeavor to have equal representation of men and women in its delegation to the Republican National Convention.” 2 Include gender equality The Party creates equal opportunities for representation in the in a party’s Statement of governing bodies of the Party, as well as in the Party’s candidate Principles list for elected bodies at the state and local level, in the manner prescribed by this Charter and the laws of the Russian Federation, to men and women, citizens of the Russian Federation, of different nationalities and members of the Party. (Adapted from the statute of the Just Russia party). 3 Introduce gender equality The party is committed to ensure the equal representation of women as a key principle of internal and men in its governing and executive bodies at all levels. In doing democracy so, the party promotes gender equality in nominations for the elected assemblies and pursues the goal of achieving equality between men and women in its internal institutional structure. (Adapted from the statute of the Democratic party of Italy). 4 Provide for greater gender Balancing Delegations to the supreme decision body of the party balance in the composition of (Congress, Conference, etc.): In selecting Delegates and Alternates at party decision-making bodies all levels, the Nominations Committee and the Convention itself shall make every effort to select persons so that the delegation as a whole shall reasonably reflect […] the proportion of women […] present in the district or state. At least one-third of the Delegates and one-third of the Alternates of any delegation elected at any level shall be of the sex opposite to that of the rest of the delegation. (Adapted from the United States Democratic Party statute). 5 Use gender neutral language Using the term Chairperson (instead of Chairman) or expressly in conducting party affairs referring to Committeeman and Committeewoman.( Adapted from the United States Republican Party statute). 6 Make candidate selection • Minimum criteria for eligibility, keeping in mind proportionality process more transparent as a guiding concern, so that women are not placed at a disadvantage due to different or lower levels of qualifications. To make the candidate- • Overview of the candidate selection process, indicating relevant selection process transparent, timeframes, so that all potential candidates are aware of the party leaders and selectors different steps and deadlines. should consider including • Time-frame for selection, to allow candidates to properly prepare the following into candidate- themselves and implement a political campaign well before the selection provisions: dates of the election. • Means of publicizing information, for example, publicizing the candidate selection process on a party’s website and updating the information as necessary, so that candidates and their supporters are up to date on all key candidacy requirements and deadlines.

92

Women’s Political Representation In Nigeria: Why Progress is Slow and What can be done to Fast-track it REFERENCES

Aina, O. I. 2003. “General Overview of the Status of Women in Nigeria,” in Abiola Akiyode-Afolabi, ed. Gender Gaps in the 1999 . Lagos: Women Advocates Research and Documentation Centre.

Ake, Claude. 1985. “The Future of State in Africa,” International Political Science Review, 6(1): 105-114.

Anzia, Sarah F. and Christopher R. Berry. 2011. “The Jackie (and Jill) Robinson Effect: Why Do Congresswomen Outperform Congressmen?” American Journal of Political Science, 55(3): 478–493.

Beaman, Lori, Esther Duflo, Rohini Pande and Petia Topalova. 2006. Women Politicians, Gender Bias, and Policy-making in Rural India. UNICEF The State of the World’s Children 2007 Background Paper.

British Council, 2012. Gender in Nigeria Report 2012: Improving the Lives of Girls and Women in Nigeria.

Cammisa, Anne Marie and Beth Reingold. 2004. “Women in State Legislatures and State Legislative Research: Beyond Sameness and Difference,” State Politics and Policy Quarterly. Vol. 4, No. 2: 181-210.

Centemero, Elena. 2016. Assessing the Impact of Measures to Improve Women’s Political Representation. Report of Committee on Equality and Non-Discrimination. Brussels: Council of Europe.

Chen, Li-Ju. 2009. Female Policymaker and Educational Expenditure: Cross-Country Evidence.

93

Women’s Political Representation In Nigeria: Why Progress is Slow and What can be done to Fast-track it Childs, Sarah; Joni Lovenduski and Rosie Campbell. 2005. Women at the Top 2005: Changing Numbers, Changing Politics? London: Hansard Society.

Childs, Sarah and Mona Lena Krook. 2006. “Should Feminists Give Up on Critical Mass? A Contingent Yes,” Politics and Gender, 2(4): 522–30.

Chinkin, Christine. 2003. Peace Agreements as a Means for Promoting Gender Equality and Ensuring the Participation of Women.

Dahlerup, Drude and Lenita Freidenvall. 2003. Quotas as a “Fast Track” to Equal Political Representation for Women: Why Scandinavia is no Longer the Model. Paper presented at the IPSA World Congress, Durban, South Africa, June 29 to July 4 and the APSA Annual Meeting in Philadelphia, August 28 to 31.

Dahlerup, Drude. 2005. Strategies to Enhance Women’s Political Representation in Different Electoral Systems. Paper to the conference “Women Shaping Democracy”. Progressive Politics Ten Years after the World Conference on Women in Beijing, Manila, Philippines, 24-25 October.

Dahlerup, Drude. 2006a. “The Story of the Theory of Critical Mass,” Politics & Gender, 2(4): 511-521.

Dahlerup, Drude. 2006b. Political Parties as Gatekeepers to Equal Political Representation. Paper for the Session MT 07.239 Political Parties and Democratization, International Political Science World Congress, at Fukuoka, Japan, July 9-13.

Dahlerup, Drude. 2013. “Denmark: High Representation of Women without Gender Quotas,” in Drude Dahlerup and Monique Legenaar, eds. Breaking Male Dominance in Old Democracies. Oxford: Oxford University Press. Dahlerup, Drude; Zeina Hilal Nana Kalandadze, and Rumbidzai Kandawasvika- Nhundu 2013. Atlas of Electoral Gender Quotas. Stockholm: International IDEA.

94

Women’s Political Representation In Nigeria: Why Progress is Slow and What can be done to Fast-track it Ekekwe, Eme. 1986. Class and State in Nigeria. London: Longman.

Fatile, Jacob O. and Adejuwon Kehinde D. 2011. “Gender Issues in Human Resource Management in Nigerian Public Service,” African Journal of Political Science and International Relations, 5(3): 112-119.

Human Rights Watch. 1999. The Price of Oil: Corporate Responsibility and Human Rights Violations in Nigeria’s Oil-Producing Communities. New York: Human Rights Watch.

Hunt, F. 2008. Dropping out from school: a cross-country review of literature. CREATE Pathways to Access, Research Monograph No. 16.

Ibeanu, Okechukwu. 2009. “Historicizing the Marginalization of Nigeria Women in Politics,” in J. Mangvwat, O. Ibeanu, and S. Mahdi eds. Election HERstories: Political Experiences of Women in Nigeria. Abuja: Gender Affirmative Action.

ICG (International Crisis Group). 2006. Beyond Victimhood: Women’s Peacebuilding in Sudan, Congo and Uganda. Crisis Group Africa Report N°112. Brussels: ICG. IPU (Inter-Parliamentary Union). 2000. Politics: Women’s Insight. IPU Reports and Documents No. 36. Geneva: IPU.

IPU (Inter-Parliamentary Union). 2015. Women in Parliament: 20 Years in Review. Geneva: IPU.

Jones, Mark P. 1997. “Legislator Gender and Legislator Policy Priorities in the Argentine Chamber of Deputies and the United States House of Representatives,” Policy Studies Journal, 25(4): 613–629.

Karam, Azza and Joni Lovenduski. 2005. “Women in Parliament: Making a Difference,” in Julie Ballington and Azza Karam, eds. Women in Parliament: Beyond the Numbers. Stockholm: International IDEA.

95

Women’s Political Representation In Nigeria: Why Progress is Slow and What can be done to Fast-track it Karam, Azza. 1998. ed. Women in Parliament: Beyond Numbers. Stockholm: International Institute for Democracy and Electoral Assistance.

Kezie-Nwoha, Helen. 2006. A Gender Analysis of the Nigerian Gender Policy. Lovenduski, Joni. 2005. Feminizing Politics. Cambridge: Polity Press.

Mansbridge, Jane. 1999. “Should Blacks Represent Blacks and Women Represent Women? A Contingent ‘Yes’,” Journal of Politics, 61(3): 628-57.

Manser, Marilyn and Murray Brown. 1980. Marriage and Household Decision Making: A Bargaining Analysis. International Economic Review, 21(1): 31-44.

Matland, Richard E. 2004. The Norwegian Experience of Gender Quotas. Paper presented at the IDEA/CEE Network for Gender Issues Conference on the Implementation of Quotas: European Experiences, Budapest, Hungary, 22-23 October.

NBS (National Bureau of Statistics). 2010. Labour Force Survey, No. 476. Abuja: NBS. Norris, Pippa and Joni Lovenduski. 1995. Political Recruitment: Gender, Race and Class in the British Parliament. Cambridge: Cambridge University Press.

Norris, Pippa. 1998. ed. Passages to Power. Cambridge: Cambridge University Press. Norris, Pippa and Ronald Inglehart. 2001. “Cultural Obstacles to Equal Representation,” Journal of Democracy, 12(3): 126-140.

Nwankwo, Nkechi. 1996. Gender Equality in Nigerian Politics. Lagos: Deutchetz. O’Connor, Karen. 2003. Do Women in Local, State, and National Legislative Bodies Matter? A Definitive Yes Proves Three Decades of Research by Political Scientists. Paper Presented at the Why Women Matter Summit, The White House Project, Washington, DC, 3 March.

Okonjo, K. 1981. “Women’s Political Participation in Nigeria”, in Steady, F. ed. The Black Woman Cross-Culturally. Cambridge, Mass.: Schenkman Publishing Company.

96

Women’s Political Representation In Nigeria: Why Progress is Slow and What can be done to Fast-track it Okoosi-Simbine, Antonia T. 2011. “Gender Politics and the 2011 Elections,” Journal of African Elections, 11(1): 74-99.

Orji, Nkwachukwu. 2014. “Nigeria’s 2015 Election in Perspective,” Africa Spectrum, 49(3): 121-133.

OSCE/ODIHR. 2014. Handbook on Promoting Women’s Participation in Political Parties. Warsaw: OSCE/ODIHR.

Phillips, Anne. 1998. “Democracy and Representation: Or, Why Should it Matter Who Our Representatives Are?” in Anne Phillips ed. and Politics. Oxford: Oxford University Press.

Pitkin, Hanna. 1967. The Concept of Representation. Berkeley: University of California Press.

Reynolds, Andrew; Ben Reilly and Andrew Ellis. 2005. Electoral System Design: The New International IDEA Handbook. Stockholm: International Institute for Democracy and Electoral Assistance.

Rosenthal, Cindy S. 2001. “Gender Styles in Legislative Committees,”Women & Politics, 21(2): 21-45.

Rosselli, Annalisa. 2014. The Policy on Gender Equality in Italy. Report of Policy Department C: Citizens’ Rights and Constitutional Affairs. Brussels: European Parliament.

Schwindt-Bayer, Leslie A. and William Mishler. 2005. “An Integrated Model of Women’s Representation,” Journal of Politics, 67(2): 407-428.

Shevchenko, Iulia. 2002. “Who Cares about Women’s Problems? Female Legislators in the 1995 and 1999 Russian State Dumas,” Europe-Asia Studies, 54(8): 1201-1222.

97

Women’s Political Representation In Nigeria: Why Progress is Slow and What can be done to Fast-track it Simbine, Antonia T. 2003. “Women Participation in the Political Parties of the Fourth Republic: The Case of the Peoples Democratic Party (PDP),” in M. Jibo and Antonia T. Simbine, eds. Contemporary Issues in Nigerian Politics. Ibadan: JODAD Publishers.

Strickland, Richard and Nata Duvvury. 2003. Gender Equity and Peacebuilding - From Rhetoric to Reality: Finding the Way. Paper Prepared for the Gender Equity and Peacebuilding Workshop with a grant from the International Development Research Centre (IDRC), Ottawa, Canada.

Tripp, Aili M. 2003. The Changing Face of Africa’s Legislatures: Women and Quotas. Paper presented at the International Institute for Democracy and Electoral Assistance (IDEA)/Electoral Institute of Southern Africa (EISA)/Southern African Development Community (SADC) Parliamentary Forum Conference at Pretoria, South Africa, 11–12 November.

UNESCO (United Nations Educational, Scientific, and Cultural Organization). 2008. Education for All. Global Monitoring Report. Paris: UNESCO.

UNICEF (The United Nations Children’s Fund). 2006. Women and Children: The Double Dividend of Gender Equality. The State of the World’s Children 2007. New York: UNICEF. Unterhalter, Elaine and Jo Heslop. 2011. Transforming Education for Girls in Nigeria and Tanzania: A Cross-Country Analysis of Baseline Research. Johannesburg: ActionAid International.

Volden, Craig, Alan E. Wiseman and Dana E. Wittmer. 2010. The Legislative Effectiveness of Women in Congress WWI (Women for Women International). 2007. Stronger Women, Stronger Nations. 2007 Kosovo Report. http://www.womenforwomen.org/ news-women-for-women/files/8254_Kosovo_Report_Spreads.FINAL_000.pdf.

98

Women’s Political Representation In Nigeria: Why Progress is Slow and What can be done to Fast-track it

About PLAC

Policy and Legal Advocacy Centre (PLAC) is a non-governmental organization committed to strengthening democratic governance and citizens’ participation in Nigeria. PLAC works to enhance citizens’ engagement with state institutions, and to promote transparency and accountability in policy and decision-making processes.

The main focus of PLAC’s intervention in the democratic governance process is on building the capacity of the legislature and reforming the electoral process. Since its establishment, PLAC has grown into a leading institution with capacity to deliver cutting- edge research, policy analysis and advocacy. PLAC receives funding support from donors and other philanthropic sources.

Website: www.placng.org Email: [email protected] Phone: +2348091899999

@placng @placng www.facebook.com/placng