REFUGEE WOMEN AND DOMESTIC VIOLENCE:

COUNTRY STUDIES

A report by

Refugee Women’s Resource Project

Asylum Aid

Edition 5 May 2003

REFUGEE WOMEN AND DOMESTIC VIOLENCE:

COUNTRY STUDIES

A report by

Refugee Women’s Resource Project

Asylum Aid

Edition 5 May 2003

Refugee Women and Domestic Violence: Country Studies, Edition 5, May 2003, Asylum Aid

CONTENTS

Acknowledgements ...... 7 Explanatory note ...... 9

NIGERIA ...... 10 1. Introduction...... 10 1.1 Political background...... 10 1.1.2 Ethnic and religious diversity...... 10 1.2 Human rights practice...... 12 1.3 Nigeria and international legal instruments...... 15 1.4 Women’s human rights ...... 15 1.4.2 Women’s political participation ...... 17 1.4.3 Trafficking...... 17

2. Domestic violence ...... 20 2.1 Prevalence and cultural attitudes...... 20 2.1.1 The commodification of women in marriage – the bride price ....20 2.1.2 Violence common but under-reported ...... 21 2.2 Female Genital Mutilation (FGM)...... 23 2.3 Forced and early marriage...... 24 2.4 Rape and sexual violence...... 25 2.5 Abuse of reproductive rights ...... 26 2.6 Widowhood rituals ...... 27

3. The law and domestic violence ...... 30 3.1 Assault...... 30 3.2 Rape and sexual assault...... 31 3.3 Female Genital Mutilation (FGM) and the law...... 32 3.4 Forced and early marriage and the law ...... 33 3.5 Widows and the law...... 34 3.5.1 Laws on inheritance of property discriminate against widows ....35 3.5.2 Loss of custody of children...... 35 3.5.3 Widows as property...... 35

4. The reality of seeking protection...... 38 4.1 Women and protection under the law ...... 38 4.2 Religious discrimination under Sharia...... 38 4.2.1 Discrimination against women...... 39 4.2.2 Sharia courts ...... 41 4.2.3 Recourse to appeal to federal authorities...... 42 4.2.4 A summary of specific cases...... 44 4.3 Difficulties in reporting abuse...... 45 4.4 The police ...... 45 4.5 The judiciary ...... 46 4.6 Other support services...... 47

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5. The situation of separated and divorced women...... 50 5.1 Marriage and divorce ...... 50 5.2 Economic security...... 51 5.2.1 Access to employment ...... 51 5.2.2 Restrictions on employment under Sharia...... 52 5.3 Property rights ...... 52 5.4 Access to education...... 53 5.5 Access to healthcare ...... 54

Bibliography ...... 56

Appendix A...... 64 Home Office Country Assessment, October 2002...... 64

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Acknowledgements

This edition of the report was written by Bethany Collier and Clare Palmer, Researchers, Refugee Women’s Resource Project (RWRP), Asylum Aid, with the assistance of other Asylum Aid staff and members of the RWRP Advisory Committee. It is an addition to the previous reports of September 2001, March 2002, September 2002 and February 2003.

We would particularly like to thank Diana Mills and Steve Symonds for their support and assistance.

We are very grateful to Asma’u Joda (Women Living Under Muslim Laws), Carina Tertsakiam (Human Rights Watch), Enrique Estoy (Amnesty International) and Mary Salinsky for providing information and commentary on the report.

The RWRP and Asylum Aid are funded by the Community Fund, the Joseph Rowntree Charitable Trust, Womankind Worldwide, Association of London Government, the Nuffield Foundation, Clifford Chance, Doughty Street Chambers, Two Garden Court Chambers, 11 King’s Bench Walk Chambers, Matrix Chambers and many charitable trusts. We apologise for not mentioning all funders and supporters individually and gratefully acknowledge the support of them all.

© Asylum Aid 2003. Excerpts from this report may be copied for use in presenting and assessing asylum claims, and also in related activities, when its authorship should be acknowledged.

The report is available online at www.asylumaid.org.uk

Refugee Women’s Resource Project Asylum Aid 28 Commercial Street London E1 6LS

Tel: 020 7377 5123 Fax: 020 7247 7789 Email: [email protected]

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Explanatory note

This publication is the fifth edition of the report Refugee Women and Domestic Violence: Country Studies, published by RWRP in September 2001, March 2002, September 2002 and February 2003. Those reports examined the situation in 10 countries – Albania, Bosnia & Herzegovina, China, Colombia, Democratic Republic of Congo, India, Iran, Iraqi Kurdistan, Kosovo and Pakistan. Edition 1 also included an introduction, which outlined the aims and objectives of the report, and an overview of the issue of domestic violence in the context of refugee and asylum law.

This edition consists of an additional country study on Nigeria.

Copies of the first four editions of the report can be obtained from RWRP at the address on the previous page at £10 each. Alternatively, the reports can be downloaded from our website.

Refugee Women’s Resource Project May 2003

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NIGERIA

1. Introduction

1.1 Political background Nigeria is a federal republic composed of 36 states; it has one Federal Capital Territory, Abuja. The states are subdivided into 769 local government areas.1 In 1999 Nigeria made the transition from a centralized military administration to a constitutionally mandated bicameral legislature, headed by an elected president, currently President Olusegun Obasanjo of the Peoples Democratic Party (PDP). President Obasanjo won election to a four year term in February 1999 and was inaugurated on 29 May 1999.2

However the US State Department notes that the 1999 elections were

marred by fraud and irregularities perpetrated by all contesting parties. However, most observers agreed the elections reflected the will of the majority of voters.3

Political tension increased during the run up to the April 2003 elections. Human Rights Watch considered the tensions to be an expression of disillusionment with the lack of fundamental change since the transition to democracy in 1999.4 President Obasanjo defeated his main rival to win the presidential election with 24.5 million votes compared to 12.7 million for Muhammadu Buhari. However, Buhari, other opposition parties and some election monitors claimed widespread fraud and vote-rigging.5

1.1.2 Ethnic and religious diversity Nigeria is the tenth most populous country in the world with 129.9 million people in 2001.6 Nigeria contains vast ethnic diversity with over 250 ethnic groups.

The largest ethnic groups are the Hausa-Fulani, the Igbo7 and the Yoruba. The Hausa-Fulani are predominantly Muslim and based in the north of Nigeria. The Igbo are predominantly Christian and are based in the south-

1 For a full listing of States, their capitals and local government areas see Nigerian government site (National Orientation and Public Affairs), Hhttp://www.nopa.net/Other_Government_Sites/frame8.htmlH Europa World Year Book 2001, 42nd Edition, lists 768 local government areas in Nigeria. 2 US Department of State (2003), Country Reports on Human Rights Practices - 2002: Nigeria, Bureau of Democracy, Human Rights and Labor, available at Hhttp://www.state.gov/g/drl/rls/hrrpt/2002/18220.htmH 3 US Department of State (2003), op. cit. 4 Human Rights Watch (2002a), World Report 2002: Nigeria, available at Hhttp://www.hrw.org/wr2k2/contents.htmlH 5 BBC News, 23 April 2003, Nigerian opposition seeks re-run, available at Hhttp://news.bbc.co.uk/1/hi/world/africa/2969593.stmH 6 World Bank, Data and Statistics, available at Hhttp://devdata.worldbank.org/external/CPProfile.asp?SelectedCountry=NGA&CCODE=NGA &CNAME=Nigeria&PTYPE=CPH 7 Also known as Ibo

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east of Nigeria. The Yoruba are also predominantly Christian and are based in the south-west of Nigeria. These groups comprise two thirds of the population.8

Fifty per cent of the population in Nigeria is Muslim and forty per cent Christian. The remaining ten per cent follows traditional African religions or has no religion. The range of beliefs included in ‘traditional African religion’ is diverse and differs depending on locality. 9

Ethnic and religious tensions There are no legal impediments to members of any ethnic groups participating in government in Nigeria; however some groups claim they are under represented.

The Constitution requires that Government appointments reflect the country's "federal character". However, there are more than 250 ethnic groups, and it is difficult to ensure representation of every group in the Government… The federal- and state-level ministers generally are selected to represent the country's and state's regional, ethnic, and religious makeup. President Obasanjo has attempted to create an ethnically inclusive Government. Despite this effort, many groups complained of insufficient representation.10

Identity politics and the close proximity of competing cultures have been cited as the cause of much violence within Nigeria in recent years. Nigerian political leaders have been accused of inciting ethnic and religious tension by calling people to mobilize along ethnic lines.

The role of religion and ethnicity in Nigeria is real and intractable in the country’s politics and people’s social experiences; both have been used by the leaders to unite their respective members for defensive and offensive purposes.11

Ethnic tensions are exacerbated where a significant proportion of the population lives in poverty and competition for scarce resources becomes organised along ethnic lines. This contributes to the economic and political marginalisation of minority ethnic groups.

According to the US State Department Report:

Localized discrimination and violence against religious minorities persisted. Ethnic and regional discrimination remained widespread;

8 US Department of State (2003), op. cit. 9 See US Department of State (2003), op. cit. 10 US Department of State (2003), op. cit. 11 Uwazie, Ernest E., ‘Nigeria’s Ethnic and Religious Relations: Challenges and Prospects’, in Uwazie, Ernest E., Albert, Issac O., Uzoigwe, Godfrey N., (eds) (1999), Inter-Ethnic and Religious Conflict Resolution in Nigeria, Maryland and Oxford, Lexington Books. For further explanation of ethnic identity, inter-ethnic relations and ethnic politicization in Nigeria see full text.

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however, interethnic, religious, and regional tensions lessened during the year. Some members of the Ijaw ethnic group in the oil-producing Niger Delta region who sought greater local autonomy continued to commit serious abuses, including kidnappings; however, unlike in the previous year, there were no reports of unlawful killings by militant Ijaw groups. 12

Human rights organisations have accused the Nigerian government of negligence in responding to ethnic violence.

The local and international media coverage of these incidents portrays them as ethno-religious in nature. However, our investigations show that this euphemism has helped in obscuring the visible roles of the state and its security agencies in the perpetuation of these egregious violations, thereby shielding the government from full responsibility for their occurrence and recurrence.13

1.2 Human rights practice Widespread violations were reported by human rights organisations.14

The Geneva based World Organisation Against Torture (OMCT) and sixty Nigerian human rights groups have called on the United Nations and the African Commission on Human and Peoples Rights to investigate alleged state-sponsored violence in Nigeria. In Hope Betrayed? A Report on Impunity and State-Sponsored Violence in Nigeria15 produced by the OMCT and the Lagos-based Centre for Law Enforcement Education, both the Nigeria government and security agents are cited.

Security agents, acting in most cases on direct orders of the government, have been responsible for many of the deaths as well as accompanying rapes, maiming and torture of thousands of women, the aged, children and other defenceless civilians.16

The security forces and police are accused of committing extrajudicial killings and using excessive force in response to ethno-religious violence. They are further accused of acting with impunity and using arbitrary arrest and detention.

12 US Department of State (2003), op. cit. 13 World Organisation Against Torture and Centre for Law Enforcement Education (2002), Hope Betrayed: A Report on Impunity and State-Sponsored Violence in Nigeria, available at Hhttp://www.omct.org/pdf/Nigeriareport0802.pdfH 14 See Human Rights Watch (2002a), op. cit. and Amnesty International (2002a), Annual Report 2002, Nigeria, available at Hhttp://web.amnesty.org/web/ar2002.nsf/afr/nigeria!OpenH 15 For full text see World Organisation Against Torture and Centre for Law Enforcement Education (2002), op. cit. 16 World Organisation Against Torture and Centre for Law Enforcement Education (2002), op. cit. See also Amnesty International (2002b), Security forces in Nigeria: Serving to protect and respect human rights? AI Index: AFR 44/023/2002, December 2002, available at Hhttp://web.amnesty.org/library/Index/ENGAFR440232002?open&of=ENG-NGAH See also AfricaOnline.com, staff reporter, 23 April 2002, Nigeria: Groups want alleged rights abuses probed, available at Hwww.africaonline.com/site/Articles/1,3,47186.jspH

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The police are widely reported as ineffective in controlling Nigeria’s high crime rate. The government has announced a five-year programme of major reform and expansion, to significantly increase the police force’s numbers.

State sponsored violence remained a problem. This violence appears to have been carried out with ‘government complacency, and even outright complicity’.17

Human rights organisations have highlighted vigilante groups as a major concern in Nigeria,18 and the police have failed to protect Nigerian citizens from violations committed by them.

The police and the Armed Forces (both under the responsibility of the federal government) have been accused of inaction and neglecting to investigate, and when required, arrest and prosecute members of armed vigilante groups. 19

Women are vulnerable to rape and abuse whilst in illegal vigilante detention. They can be persecuted because it may be assumed that they share their husbands’ political opinions.20

Prominent vigilante groups include the Bakassi Boys and the O’odua People’s Congress. The Bakassi Boys operate in south-east Nigeria. In Anambra State they form the official state vigilante service: they also form an unofficial state vigilante service in Abia and Imo States. Human Rights Watch and the Centre for Law Enforcement Education (CLEEN) received reports of the detention and torture of women, including sexual abuse and rape, by the Bakassi Boys.

The O’odua People’s Congress, originally a group promoting Yoruba autonomy, is tolerated as a state vigilante group by state governments, notably Lagos State government.

The Hisba operate in northern Nigeria. Their function is to act as religious police, enforcing the principles of newly implemented Sharia law. The Hisba reprimand people caught drinking or selling alcohol and ensure that transport remains segregated. It is often reported that they will beat up ‘suspects’ on the spot. They are supported by state governments implementing Sharia.

17 Amnesty International (2002c), Nigeria: Security forces constantly fail to protect and respect human rights, AI Index: AFR 44/026/2002, 19 December 2002, available at Hhttp://web.amnesty.org/library/Index/ENGAFR440262002?open&of=ENG-NGAH 18 Human Rights Watch (2002b), Nigeria: The Bakassi Boys: The Legitimization of Murder and Torture, May 2002, Volume 14, Number 5 (A), available at Hhttp://www.hrw.org/reports/2002/nigeria2/nigeria0502.pdfH and Amnesty International (2002d), Nigeria: Vigilante violence in the south and south-east, AI Index: AFR 44/014/2002, 19 November 2002, available at Hhttp://web.amnesty.org/library/Index/ENGAFR440142002?open&of=ENG-NGAH 19 Amnesty International (2002d), op. cit. 20 Human Rights Watch (2003), The O’odua People’s Congress: Fighting Violence with Violence, available at Hhttp://hrw.org/reports/2003/nigeria0203/nigeria0203.pdfH

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The judiciary in Nigeria is accused of being subject to political influence and bribe taking, and often failed to provide fair trials.21

Prison conditions remained poor and have been described as life-threatening. Prisons are congested and inmates have limited access to medical care.22

It has been reported that women and juveniles are held with men. Concern has been raised about the inadequacy of prisons to cater for the needs of pregnant or nursing mothers and that as a category they are neglected.

Generally there are no provisions under the laws for the care of pregnant women and nursing mothers. The Prison Regulation 2 allows the child of a female prisoner to be admitted into prison with the mother if such baby is at the breast and less than eighteen months old … The care, feeding education and health of such babies are not taken care of by the law and the officials have attributed this to the fact that there are adequate provisions for them under the Prison Regulation and no funds are made available for them. The Prison Standing Order addressed this issue in an unsatisfactory manner in Order 418-420. The order confers a duty on the prison medical officer to provide certain things for such children when in actual fact many prisons do not have medical officers and no funds are given for such purposes.

Such babies exist on charity and kindness of inmates, visitors, prison staffs and non-governmental organizations. 23

The implementation of Sharia (Islamic law) in 12 northern states has been condemned by human rights organisations. Sharia penal codes are considered to be unconstitutional and in violation of international human rights legislation. Some punishments including death by stoning, floggings and amputations for sexual crimes such as adultery, are considered to constitute cruel, inhuman and degrading treatment.24 See Section 4 for more information on Sharia and women.

The Human Rights Violations Investigation Commission (HRVIC) was set up in 1999 to investigate human rights violations committed under previous governments from 1966 to 1998. The Commission’s powers were limited: it could not guarantee arrests nor prosecutions, but was restricted to making recommendations. The Commission received over 10,000 submissions, but

21 US Department of State (2003), op. cit. 22 Human Rights Watch (2002a), op. cit. 23 Bamgbose, Oluyemisi, Senior Lecturer, Department of Private and Business Law, University of Ibadan, Nigeria (1999), Women’s Rights and the Nigerian Criminal Justice System: A Sorry Tale, paper presented at the Women’s World ’99 Seventh International Interdisciplinary Congress on Women held at the University of Tromso, Tromso, Norway, June 20-26 1999, pp17-18, available at Hhttp://www.skk.uit.no/WW99/papers/Bamgbose_Oluyemisi.pdfH 24 US Department of State (2003), op. cit.

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because it was under resourced, was only able to consider around 200 of the submissions received.25

Since the transition to democracy little has changed in the oil delta region. Army, Navy and paramilitary Mobile Police are still deployed in the area. Although the government has increased funding to the area, ordinary people see little benefit. Human Rights Watch have released a report, The Niger Delta: No Democratic Dividend, which considers recent violent incidents around oil facilities, concluding that both the government and oil companies have failed to commit to their responsibilities.26

1.3 Nigeria and international legal instruments Nigeria is a party to the Convention on the Elimination of All Forms of Discrimination against Women (CEDAW), the Convention on the Rights of the Child (CRC), the International Covenant on Economic, Social and Cultural Rights (ICESCR), the International Covenant on Civil and Political Rights (ICCPR), the International Convention on the Elimination of All Forms of Racial Discrimination (CERD), and the Convention Against Torture and other Cruel, Inhumane or Degrading Treatment or Punishment (CAT). It has also ratified the Optional Protocol to the Convention on the Elimination of All Forms of Discrimination against Women (CEDAW-OP), the Optional Protocol to the Convention on the Rights of the Child (CRC-OP-AC) on the involvement of children in armed conflict, and the Optional Protocol to the Convention on the Rights of the Child (CRC-OP-SC) on the sale of children, child prostitution and child pornography.27

However, various reports due to be submitted by government to the relevant committees remained outstanding as at June 2002, including the report on CEDAW due in July 1998.28.

1.4 Women’s human rights The reality of women’s human rights violations appears to be contradicted by the Nigerian Constitution which prohibits discriminatory laws:

Section 17 (2)(a): Every citizen shall have equality of rights, obligations and opportunities before the law.

Section 42 (1): A citizen of Nigeria of a particular community, ethnic group, place of origin, sex, religion or political opinion shall not, by reason only that he is such a person:-

25 Human Rights Watch (2002a), op. cit. See also Newswatch (Lagos), Anza Philips, 1 December 2002, IBB battles Oputa panel, available at Hwww.allafrica.com/stories/200212030099.htmlH 26 Human Rights Watch (2002c), Nigeria: The Niger Delta: No Democratic Dividend, Vol. 14, No. 7 (A), October 2002, available at Hhttp://hrw.org/reports/2002/nigeria3/index.htmH 27 Office of the United Nations High Commissioner for Human Rights (2002a), Status of Ratifications of the Principal International Human Rights Treaties as of 9 December 2002, available at Hhttp://www.unhchr.ch/pdf/report.pdfH 28 Office of the United Nations High Commissioner for Human Rights (2002b), International Human Rights Instruments, 7 June 2002, available at Hhttp://www.unhchr.ch/html/menu2/r2002e.pdfH

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(a) be subjected either expressly by, or in the practical application of, any law in force in Nigeria or any executive or administrative action of the government, to disabilities or restrictions to which citizens of Nigeria of other communities, ethnic groups, places of origin, sex, religions or political opinions are not made subject.29

Many of the most prevalent forms of human rights violations against women in Nigeria are culturally sanctioned and are not prohibited by federal law. (See Section 3 on the law relating to domestic violence). Those which are perpetrated by members of the family or household, and which may therefore be included in the definition of domestic violence, include discrimination against the girl-child, Female Genital Mutilation (FGM), forced marriages, physical, sexual and psychological violence in the home, economic abuse such as the withdrawal of resources, disinheritance of wives and daughters, and harsh and punitive widowhood rites.

Violations which are perpetrated by other individuals, groups or the state include sexual harassment at school and work, rape and sexual assault, forced prostitution and trafficking of women and girls, sexual violence in conflict situations and during armed robbery attacks, abuses by security forces and enforcement of gender biased laws.30

The legal status of women, and the extent to which their rights are protected in Nigeria, violate the provisions of CEDAW to which Nigeria is a signatory. Women do not enjoy equal status with men before the law. In particular the implementation of the Sharia Penal Code in 12 northern states has been highlighted by human rights organisations as discriminating on grounds of gender (see Section 4).

The US State Department notes that Nigerian law requires a woman to obtain permission from a male family member before having an application to obtain a passport processed. In addition some men take their wives’ and children’s passports and other identification documents while travelling abroad in order to prevent their family leaving the country. This could have significance in the case of a woman attempting to flee from domestic violence.31

The International Human Rights Law Group (IHRLG) is concerned about the institutional and customary obstacles for women in obtaining equitable access to justice, opportunity and human rights protection in Nigeria.

The widespread discrimination and violence against women in Nigeria (some forms of which are sanctioned by traditional, customary or

29 Constitution of the Federal Republic of Nigeria, 1999. Available at official government website, Hhttp://www.nopa.net/Useful_Information/constitution/index.htmlH 30 See Women’s Rights Watch – Nigeria website at Hwww.rufarm.kabissa.org/about.htmH For abuses by security forces in the Niger Delta region, see World Organisation Against Torture (2002), Nigeria: violence against women protesting against the activities of Shell Petroleum and Chevron/Texaco, 18 November 2002, Case NGA181102.VAW/ESCR, available at Hhttp://www.omct.org/displaydocument.asp?DocType=Appeal&Index=2608&Language=ENH 31 US Department of State (2003), op. cit.

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religious law) is often ignored, denied or justified by Nigerian officials, the majority of whom are male. Presently, only 12 of the 360 members in the House of Representatives are women; only 3 of the 109 Senators are women, women are discriminated against in the private sector and physical and sexual abuse, female circumcision, early marriage, disinheritance of widows and trafficking in women and girls persists.32

IHRLG stress that women’s groups are active in challenging discrimination:

Nigerian women's groups continue to press for the adoption of a comprehensive draft bill on violence against women by the Nigerian legislature and mobilize support for Government removal of the legal impediments and social discrimination faced by women. 33

1.4.2 Women’s political participation There are no legal impediments to political participation or voting by women. However, women are under represented in elected and official government positions. The Nigerian government has made little effort to address the gender imbalance.

The US State Department notes:

Although there were more than 500 ministerial and National Assembly positions, there were only 6 female ministers, 3 female senators, and 12 female representatives. Women's rights groups lobbied local and state governments, as well as the Government, to adopt a 30 percent affirmative action program; however, these efforts were unsuccessful. The PDP waived the party filing fees for women seeking PDP nominations for various political offices to encourage more female candidates.34

1.4.3 Trafficking The trafficking of women and children is reported as an increasing problem within Nigeria, and is not prohibited under any specific laws. Nigerian syndicates have been accused of trafficking women and children to European destinations and committing them to forced prostitution. Initiatives have been launched to address the problem of trafficking, but have done little to resolve the problem. State officials have also been accused of involvement in the trafficking of persons.

32 International Human Rights Law Group, IHRLG in Nigeria, Promoting the Protection of Women’s Human Rights, available at Hwww.hrlawgroup.org/country_programs/nigeria/womens_rights.aspH IHRLG is a non-profit organization of human rights and legal professionals from over 20 countries engaged in advocacy, strategic human rights law and training around the world. Their mission is to empower local advocates to expand the scope of human rights protections and to promote broad participation in building human rights standards and procedures at the national, regional and international levels. 33 International Human Rights Law Group, IHRLG in Nigeria, Promoting the Protection of Women’s Human Rights, op. cit. 34 US Department of State (2003), op. cit.

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Dr Elabor-Idemudia reports that

Of the 36 States that make up Nigeria, Edo state has a highest prevalence rate of 85% of women and girls trafficked to other countries. Other source states include Delta, akwa Ibom, Ondo, Rivers, Ebonyi, Imo, Enugu, Lagos and Kano. Women from the Northern region of Nigeria are often trafficked to Saudi Arabia.35

The US State Department notes:

…there was evidence that Nigerian crime syndicates may use indebtedness, secret rituals, threats of beatings and rape, physical injury to the victim's family, arrest, and deportation to persuade those forced into sex work from attempting to escape or from contacting police and NGOs for assistance… There were credible reports that poor families sold their daughters into marriage as a means of supplementing their income.36

Treatment of victims of trafficking on return There are reports that on return to Nigeria victims of trafficking are detained in police custody and penalized along with the traffickers and tried under law.37

On their return trafficked women become a public spectacle. They are paraded before the media as prostitutes and detained in the Police station before they are compulsorily tested for HIV/AIDS… Police attempts to stem the trafficking of persons include extended jail sentences and public humiliation; however, such actions primarily focus on victims. Traffickers are often not punished.38

A campaign against human trafficking was launched in Nigeria in June 2002 by the International Organisation for Migration (IOM), targeting vulnerable youths.39

35 Elabor-Idemudia, Dr. Patience, Department of Sociology, University of Saskatchewan, Saskatoon, Canada (2002), The African Dimension of International Sex Trafficking: The Narratives of Nigerian Women and Girls Engaged in the Industry, paper presented at the 8th Interdisciplinary Congress of Women 2002, available at Hwww.makerere.ac.ug/womenstudies/full%20papers/Patience%20Elabor%20- %20Idemudia.htmH 36 US Department of State (2003), op. cit. 37 Women’s Rights Watch – Nigeria, Review of 2002 – State of Women’s Rights in Nigeria, available at Hhttp://www.rufarm.kabissa.org/pressrelease/yearendreview.htmH 38 Elabor-Idemudia, Dr. Patience (2002), op. cit. 39 “Training sessions have been provided for both reporters and information ministry officials in order to increase understanding of the trafficking problem. Television and radio announcements have been regularly aired in local languages at state, regional and national level. Posters and flyers have also been distributed. This initiative involves IOM, The Nigerian Federal government, local and national media, UN agencies and civil society groups.” Source: IRIN News (2002), Nigeria: Anti-trafficking campaign targets Edo, Lagos, 20 September 2002, available at Hwww.irinnews.org/report.asp?ReportID=30007&SelectRegion=West_AfricaH

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2. Domestic violence

As noted above, types of abuse of and violence against women in the family in Nigeria include discrimination against the girl-child, Female Genital Mutilation (FGM), forced marriages, physical, sexual and psychological violence in the home, economic abuse such as the withdrawal of resources, disinheritance of wives and daughters, and harsh and punitive widowhood rites.40 We will consider here practices which particularly affect ‘adult’ women.41 For possible legal remedies, see Section 3, and for their effectiveness, see Section 4.

2.1 Prevalence and cultural attitudes

The high prevalence of domestic violence in Nigeria is arguably rooted in cultural attitudes towards women as inferior to men:

In most Nigerian cultures, women are regarded as inferior to men. There is the preference of boys over girls. The average girl grows up with some degree of inferiority complex when compared to her male counterparts. Right from the home, she is treated as a “slave in training” – she does all the work while the boys do nothing. She is bullied by her brothers both older and younger. At school she is also bullied. Most times when she complains she is told to show respect to boys. She grows up timid and shy and unable to stand up to male intimidation. Since she is blamed for most things, as a woman, she blames herself even when she is beaten. She feels she deserves all she gets and that she should still apologise to the man for whatever she did that caused the beating.42

2.1.1 The commodification of women in marriage – the bride price This low status of women is confirmed on marriage by abuse of the bride price system. The bride price is a sum of money paid by the groom and his family to the family of the bride, and completes the marriage contract. Originally a sign of respect for the value of the bride, it has now become a symbol of “purchase” of the woman by the man, and of the right of a husband to do as he wishes with his “possession”. The institution therefore commodifies

40 For a full discussion of definitions and terminology on domestic violence used in this series of reports, see Refugee Women’s Resource Project (2001), ‘Domestic violence: definitions and terminology’, Refugee Women and Domestic Violence: Country Studies, Edition 1, pp 9 – 11, London, September 2001, Asylum Aid, available at Hhttp://www.asylumaid.org.uk/AA%20pages/publications.htmH 41 Specifying that domestic violence only occurs between adults presents difficulties in identifying an internationally consistent definition of ‘adult’. Our working definition does not, therefore exclude violence towards young girls, although we have not sought evidence of specific legislation to protect children from family abuse, or referred to research studies into child abuse per se. See Refugee Women’s Resource Project (2001), op. cit., pp 9 – 11. 42 Balogun, Hannatu A., Ministry of Justice and Vice Chair, Nigerian Bar Association, Kaduna, ‘Towards a more responsible judicial system for cases of domestic violence in Nigeria’, in Women’s Centre for Peace and Development (1999), The Law at Home: A Report of Legal Rights Advocacy On Domestic Violence In Nigeria, Lagos, ISBN 978-041-855-5, p. 81.

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women and sets into place a power structure whereby women are excluded from decision-making and violence and abuse may result.

The Director of the Lagos-based Women’s Centre for Peace and Development, Theresa U. Akumadu, notes:

The 1980s marked a remarkable increase in the amount demanded by parents of the would-be bride as bride price in various huge amounts of money depending on the set demands of the community, the parents and the educational attainment of the bride-to-be. The more educated and trained the would-be-bride, the higher the price. Thus occasioning situations where prospective suitors have to hand over all their savings to pay the bride price at the time of marriage. Having purchased her, it is a matter of what is convenient for the man to do with his item and many women find that they have neither love nor respect in their husband’s home. She is expected to do his bidding. This not only robs the woman of prestige and dignity but ensures that she is not taken into account in decision making in her home and is completely treated as a non-entity by her husband and his people.43

Akumadu advocates the abolition of the bride price system, noting that it

erodes the rights of women to dignity, self respect and security of the human person.

2.1.2 Violence common but under-reported Most information on ‘domestic violence’ in Nigeria refers to physical, and sometimes sexual, abuse of women by a husband or partner. The US State Department notes:

Domestic violence was a problem. Reports of spousal abuse were common, especially those of wife beating. Police normally did not intervene in domestic disputes, which seldom were discussed publicly… In more traditional areas of the country, courts and police were reluctant to intervene to protect women who accused their husbands formally if the level of alleged abuse did not exceed customary norms in the areas. Rape and sexual harassment continued to be problems.44

The extent of domestic violence in Nigeria and the circumstances surrounding its incidence are hard to ascertain because of the social stigmatisation of reporting.

In Nigeria, wife beating is both prevalent and persistent because the society subscribes to twin philosophies, first that the wife is subordinate to her husband, and secondly, owing to the acceptance of a

43 Akumadu, Theresa U., Executive Director, Women’s Centre for Peace and Development (WOPED), ‘Bringing the law home’, in Women’s Centre for Peace and Development (1999), op. cit. pp 9-10. 44 US Department of State (2003), op. cit.

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private/public dichotomy which renders peoples’ [sic] original homes and family life relatively immune to social controls, interventions and sanctions (Okagbue 1996:12). Wife beating is thus regarded as a family problem to be settled privately in the home. …

Information on the nature and etiology of this problem is often concealed and not widely available. This is because gender violence is often under reported for myriad reasons. It is regarded as a taboo subject; besides, such family matters are private and should not be open to the public eye. …

Other reasons include the fact that a man does have the right to control his wife, to be the head of the family, the boss, without being queried. This is part of the cultural nexus in which men are seen as having a natural right to control and discipline their wives. Therefore the women who are the victims of wife abuse often deny the fact to friends, neither do they seek legal redress or even call the police. …

In Nigeria, the sociocultural implications of wife beating have been difficult to determine, investigate and record because of low official reporting, perhaps coupled with societal indifference.45

This lack of data is highlighted by Project Alert, a Nigerian women’s Non- Governmental Organisation (NGO) who focus on violence against women. They assert that domestic violence in Nigeria is trivialised and that a lack of statistical data means that it is not taken seriously; it is therefore hard to influence policy and law reform.

However since the beginning of the decade, attempts have been made by organisations, to bring to the fore the problem of violence against women. These attempts have however been greatly hampered by lack of statistical information and specific programmes to deal with the structural nature of violence against women.

The present dearth in statistics and lack of systematically documented information on violence against women, both in the public and private spheres, require urgent attention. Without the existence of a vibrant data bank on cases of violence against women, the problem can not be adequately dealt with. In attempting to influence policy and law reform, statistics are of utmost importance. There is thus a need for continuous research and documentation of existing and emerging trends in gender-based violence.46

45 Atinmo, Morayo (2000), ‘Sociocultural Implications of Wife Beating Among the Yoruba in Ibadan, Nigeria’, in Men, Women, and violence: a collection of papers from Codesria Gender Institute 1997, Council for the Development of Social Science Research in Africa, Dakar, pp 81-83. 46 Project Alert, Mission Statement, available at Hhttp://prolert.kabissa.org/newpage1.htmH

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Research into the prevalence of domestic violence amongst Igbo communities in Imo state showed that 78.8% of women had experienced physical violence from their male partner. Out of this 78.8%, 58.9% had been assaulted during pregnancy. 21.3% reported having been forced to have sexual intercourse with their partners.47

Research into domestic violence in the urban community of Benin City in Edo State showed that 80% of women had been abused by their husbands, 26% of whom were hospitalised as a consequence. The women who had been abused ranged from professionals such as doctors and nurses to saleswomen and full time housewives.48

Research into domestic violence amongst the Tiv of Benue State showed that 73% of women had been abused by an intimate partner. This study also highlighted that 40% of women surveyed agreed with the statement that it is often necessary for a husband to beat his wife. Internalisation of patriarchal cultural norms is a factor in the prevalence of domestic violence.

2.2 Female Genital Mutilation (FGM) FGM is a form of violence against women within the family that is common in Nigeria. Dr O. Ashiru, Chief Consultant, Community Physician and Medical Officer, Lagos Island Local Government, notes:

Female Genital Mutilation results in great morbidity and sometimes mortality. It is usually complicated by sepsis, haemorrhage, healing by fibrosis etc. This in turn affects their [sufferers] marital and reproductive lives. This is one of the cultural forces aimed at preserving male dominance and female subjugation. It is a domestic violence perpetuated against females and defended by tradition. This very painful procedure causes life-long health problems for some women. It is aimed at preserving female chastity and marriage prospects and achieves its purpose at the expense of a woman’s sexual pleasure and bodily integrity.49

47 Ndugasa, Christian, Omideyi, Adekunbi Kehinde and Odimegwu, Clifford Obby, (2002), Prevalence, Patterns and Correlates of Domestic Violence in Selected Igbo Communities of Imo State, Nigeria, African Journal of Reproductive Health, Volume 6 [2], August 2002. 48 Nworgu, Zuleikha A. and Obuekwe, Ifeyinwa F. (2002), Dept. of Pharmacology and Dept. of Pharmaceutical Microbiology, University of Benin, Nigeria, Domestic violence against women: A neglected major social and public health problem, research paper presented at 8th International Interdisciplinary Congress on Women hosted by Department of Women and Gender Studies, University of Makere, available at Hhttp://www.makerere.ac.ug/womenstudies/full%20papers/Zuleikha%20Nworgu%20&%20Ife yinwa%20Obuekwe.htmH 49 Ashiru, Dr. O., ‘Domestic Violence as a Public Health Issue’, in Women’s Centre for Peace and Development (1999), op. cit. p 90.

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Estimates of the numbers of Nigerian women who have undergone FGM vary between 25% and 50%.50 Mutilations are reported to occur amongst the Yoruba, the Igbo and the Hausa, but not amongst the Nupes or Fulanis.51

The age at which the mutilations are carried out in Nigeria varies from area to area. For the Igbo, FGM is usually undertaken during or after adolescence, or shortly before marriage, whereas FGM for the Aboh in mid-western Nigeria must be carried out before the birth of the first child.52 Amongst the Ijaws and Etsakos in Bendel State FGM is a premarital ritual, whilst amongst the Urhobos and Isokos of Delta State, FGM is performed during a woman’s first pregnancy.53

2.3 Forced and early marriage Forced and early marriage is a common practice within Nigeria, particularly in the north, with some estimates claiming that 37% of girls aged 15 - 19 are forced to marry.54

This type of marriage can have serious consequences for women’s health and social position. Mrs. F. I. Igwe, Chief Registrar, Customary Court of Appeal, Imo State, notes:

There are also daily accounts of young betrothed girls being physically hauled to their spouses and sometimes they are subjected to torture for their refusal may not only constitute economic loss to their parents, or guardian but is seen as slighting their reputation. This type of marriage has reproductive ill-health hazards. Vesico Vaginal Fistula (VVF) and Recto Vaginal Fistula (RVF) are caused by early marriage (early pregnancies as a result of early marriage). Presently there are about 150,000 cases of VVF and RVF patients in Nigeria. VVF and RVF are caused by damage to leg nerves from prolonged labour and prolapsed uterus as a result of early marriage and the resultant pregnancy. Victims are often abandoned by their husbands as they become incapacitated, making them social outcasts without any means of livelihood. The slow change of attitudes and behaviour to this

50 The World Health Organisation estimates numbers at 25%. See Hwww.who.int/frh- whd/fgm/fgm%20prev%20update.htmlH The Inter-Africa Committee and the Centre for Reproductive Law and Policy estimate that approximately half of all Nigerian women are affected by FGM. See Centre for Reproductive Law and Policy (2001), Women of the World: Laws and Policies affecting their Reproductive Lives: Anglophone Africa, 2001 Progress Report, New York, available at Hwww.crlp.orgH 51 Dorkendo, Efua (1995), Cutting the Rose: Female Genital Mutilation, the Practice and its Prevention, London, Minority Rights Group. 52 Dorkendo, Efua (1995), op. cit. 53 Article taken from University of Dayton School of Law website Hhttp://academic.udayton.edu/race/06hrights/GeoRegions/Africa/Africa02.htmH For original version see Bamgbose, Oluyemisi (2002a), Legal and Cultural Approaches to Sexual Matters in Africa: The Cry of the Adolescent Girl, 10 University of Miami International and Comparative Law Review 127 (2001-2002). 54 BBC News, 7 September 2002, author not listed, Nigerian girl sues over forced marriage, available at Hhttp://news.bbc.co.uk/1/hi/world/africa/2242842.stmH

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disturbing problem provides yet another reason why child marriage should be abolished.55

Oluyemisi Bamgbose, a senior lecturer at the University of Ibadan, has written extensively on the rights of women within the Nigerian legal system. Her account of forced marriage below includes types of forced marriage and the age when it is likely to take place.

Under the Tiv culture in Nigeria, girls are generally treated as ‘parcels to be exchanged in marriage’. In an exchanged forced marriage known as ‘kwase Yamwn Sha’, a male family member exchanges his adolescent sister or ward for a girl in another family who then becomes his wife. …. In the Hausa culture of Northern Nigeria, the culture of ‘kunya’ meaning modesty or shyness encourages girls to remain shy and obedient. The effect on sexuality is the forced marriage to an older man without question. … In most parts of the Hausa land, child marriages are the rule rather than the exception. Children are usually married off between the ages of twelve and thirteen in large towns and at younger ages in villages. In some parts of rural Hausa lands, a girl is married away to a boy or man at the very early age of five or six. It is said that such a young child goes to her marriage home at this age and is nursed and generally brought up by her husband. However the husband does not have sexual relations with her until he thinks she is ready for it and certainly not below the age of twelve. In spite of the prevalence of child/forced marriages in many African countries, there are legal provisions prohibiting sexual intercourse with any girl under the age of fourteen. There is also a national policy on population in Nigeria that discourages early marriage. 56

2.4 Rape and sexual violence In Nigeria rape by a husband of his wife is not generally recognised as such, nor is marital rape proscribed under the law. Again, payment of the bride price means a man is considered to have access to his wife as his property. The research on domestic violence amongst the Tiv of Benue State quoted above revealed that:

Men in traditional African culture believe that their women are for them anytime since the practice of payment of bride price confer[s] on the man unhindered right to the woman’s body. She has no right to refuse any sexual advance whether she is willing or not.57

55 Igwe, Mrs. F. I., Chief Registrar, Customary Court of Appeal, Imo State, ‘Eliminating Domestic Violence: From Legal Barriers to Legal Solutions’, in Women’s Centre for Peace and Development (1999), op. cit. p. 39. 56 Bamgbose, Oluyemisi (2002a), op. cit. 57 Odimegwu, Clifford Obby (2001), Ile-Ife University, Nigeria, Couple formation and domestic violence among the Tiv of Benue State, Nigeria, research paper presented at International

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Refusal may result in serious consequences:

… the woman may be beaten; denied other rights in the family or the husband may engage in extramarital sexual relations or marry another wife. A man may outrightly abandon the home [of] the wife for a period of time. In such [a] situation, the woman is alone as community and extended family members will blame her for being ‘stubborn’.58

The study found that those women who oppose patriarchal cultural norms are more likely to experience domestic violence and rape.

The attempt of Tiv women to claim any right in the home brings about a strong opposition from the male population and this accounts for the high incidence of violence against women in the area.

See Section 3.2 for more information on rape and the law.

2.5 Abuse of reproductive rights Women do not have control over contraception or conception. The incidence of abortion may be increased by the fact that access to contraceptives in some areas is only with spousal approval.59 This policy is justified on the grounds that as the head of the family it is the man who should determine the size of the family.60 In 1989 Nigeria launched its first population policy, National Policy on Population for Development, Unity, Progress and Self- Reliance (1989), which affirms the patriarchal nature of Nigerian society:

The policy also reinforces patriarchal ideas in family organisation and reproductive choice, stating: ‘In our society, men are considered the head of the family and they take far-reaching decisions including the family size, substance and social relations. The patriarchal family system in the country shall be recognized for the stability of the home.’ This statement suggests that obtaining spousal approval to receive contraceptives might be required in public health services as is the current practice in some parts of the country.61

For Muslim women in states where Sharia is implemented, reproductive rights are further eroded. Ayesha Imam of Women Living Under Muslim Laws further explains the implications of Sharia for women:

Colloqium on Gender, Population and Development in Africa, Abidjan, Nigeria, 16-21 July 2001, available at Hhttp://www.ined.fr/donnees/coll_abidjan/publis/pdf/session8/odimegwu.pdfH 58 Odimegwu, Clifford Obby (2001), op. cit. 59 Kisekka, Mere Nakateregga and Okeshola, Folashade Bosede, ‘Who wants Family Planning? Three Areas of Kaduna State, Nigeria’ in Hardon, Anita and Hayes, Elizabeth (eds) (1997), Reproductive Rights in Practice: A Feminist Report on the Quality of Care, London and New York, Zed Books, p 35 and pp 44-50. 60 Kisekka, Mere Nakateregga and Okeshola, Folashade Bosede, op. cit. pp 34-35. 61 Kisekka, Mere Nakateregga and Okeshola, Folashade Bosede, op. cit. p 35. See also Federal Republic of Nigeria (1988) National Policy on Population for Development, Unity, Progress and Self- Reliance, Section 5.3.

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Control of women's sexuality is particularly clear in the stances concerning women's fertility management. Most typically the whole range of practices which relate to managing fertility are removed from women's control to that of men and the state. This ranges from decisions over whether or when to have intercourse, to decisions over knowledge of and access to different types of contraception, to permissibility or not of pregnancy termination. Neither women nor men are expected to have intercourse before marriage - although, as mentioned above, the penalties for women are far more severe. However, as wives, women may never refuse to have sexual intercourse - it is their husbands who have the right to decide.62

2.6 Widowhood rituals In widowhood, women face a combination of abuses within the family, by being forced to observe burial and other rituals, and discriminatory legal provisions (see Section 3.5 for information on widowhood and the law).

Widowhood practices reflect the belief that a woman belongs to her husband and must show respect by serving him even in death. ‘Respect’ is displayed through the performance of prescribed rituals.

These practices are inhumane and degrading because they inflict pain and anguish on widows, because widows often cannot opt out of these practices …in many cases the perpetuation of these practices have resulted in illness, permanent incapacitation and even death.63

In addition the rituals are intended to avert suspicion from the widow, who automatically becomes a suspect on the death of her husband.64

The social meanings and stigmatising effects of widowhood for women are considerably different from those of divorce. Widows in all regions are subjected to traditional practices that are humiliating and degrading. Many ethnic groups attribute a husband’s death in some manner to his wife’s evil deeds or supernatural spells. It is believed that she must have committed adultery or procured evil charms capable of killing her husband or her children, especially her sons.65

Mourning rituals differ, but they generally include the isolation and confinement of widows (which can vary from one month to two years),

62 Imam, Ayesha (1997), ‘The Muslim Religious Right (‘Fundamentalists’) and Sexuality’ in Helie-Lucas, Marie-Aimee and Kapoor, Harsh (eds), Dossier 17, Montpellier, Women Living Under Muslim Laws. 63 Ewelukwa, Uche U. (2002), Post-colonialism, Gender, Customary Injustice: Widows in African Societies, Human Rights Quarterly 24 (2002), p 437. 64 See Hhttp://prolert.kabissa.org/newpage3.htmH for Project Alert on Violence Against Women’s account of widowhood experiences. 65 Osakue, Grace and Martin-Hilber, Adriane, ‘Women’s Sexuality and Fertility in Nigeria’, in Petchesky, Rosalind P. and Judd, Karen (eds.) (1998), Negotiating Reproductive Rights: Women’s Perspectives Across Countries and Cultures, London and New York, Zed Books, p 203.

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shaving of the head and restrictions on freedom of movement and association.

Throughout much of Southern Nigeria, widows undergo harrowing and humilitating treatment following the death of their husbands. Nigerian women who lose their husbands are not given the chance to grieve privately but are routinely subjected to painful, dehumanising public treatment as a result of the continued application of patently discriminatory laws and practices.66

In her book Widows of the World Margaret Owen reports on practices among the Hausa of northern Nigeria:

… a widow is not supposed to decorate her body; she is forbidden to use perfumed soap and must wash ritually each Friday with the traditional black nupe soap usually used to cleanse the newborn. Instead of her normal clothes she must wear an old gown and neither change or launder it until the mourning period of at least a month is over. She cannot eat cola nuts or rub tobacco flowers on her mouth. In some other Nigerian groups, widows must forgo washing altogether for a specified period, drink the water that has been used to wash the husband’s corpse, eat only bland food from a broken plate, and lie on the bare earth to sleep.67

Uche U. Ewelukwa, author of Post-colonialism, Gender, Customary Injustice: Widows in African Societies, reports a practice of confinement in Delta State:

After an initial seven-day (fourteen days for a titled man) confinement, a subsequent thirty-day confinement in a tiny outdoor hut is mandatory for widows. They are obliged to stay in the hut and are forbidden, under threat of sanctions, from entering their homes during this period. Public outings and activities are generally forbidden for the widow during prescribed mourning periods.68

The above practice of confinement may cause severe financial difficulties for rural widows whose livelihoods depend on farming or trading activities.

Resistance to change within these practices is prevalent amongst women as well as men.

It is disturbing that while as wives and potential wives, women condemn the customary prescriptions for widows; the same women in their roles as sisters and daughters support these practices.

66 Ewelukwa, Uche U. (2002), op. cit. p 427. 67 Owen, Margaret (1996), A World of Widows, London, New Jersey, Zed Books. 68 Ewelukwa, Uche U. (2002), op. cit. p 438.

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3. The law and domestic violence

There are few legal remedies in existence for many of the abuses described in Section 2 above. Some legislation exists prohibiting physical and some types of sexual assault; however, there is no national law prohibiting FGM, and forced and early marriage and abuses of the rights of widows are permitted under various civil, customary and religious laws.

There are two separate criminal codes in operation in Nigeria: the Penal Code in the north and the Criminal Code in the south of the country.69 Neither code contains any specific laws prohibiting domestic violence. The Centre for Reproductive Law and Policy comments on the lack of legislation:

Government has taken no specific measures to curb domestic violence, despite evidence of its high incidence. A 1992 study reported that 67.6% of women stated that they had been attacked by their husbands.70

3.1 Assault The two criminal codes differ in their treatment of offences of assault, under which acts of domestic violence may be prosecuted.

Penal Code – Northern Nigeria Far from prohibiting domestic violence, this code in fact sanctions it in certain circumstances with reference to customary law. Section 55(1d) states:

Nothing is an offence which does not amount to infliction of grievous hurt upon any person and which is done by a husband for the purpose of correcting his wife, such husband or wife being subject to native law or custom in which such correction is recognised as lawful.71

‘Grievous hurt’ is defined in Section 241 as the following:

a) Emasculation b) Permanent deprivation of the [right] eye, of the hearing of an ear or the power of speech c) Deprivation of any member or joint d) Destruction or permanent impairing of the power of any member or joint e) Permanent disfiguration of the head or face f) Fracture or dislocation of a bone or tooth

69 The existence of two separate codes dates back to the period of British colonial rule. Information was not available at date of publication on which states are included in the northern and southern Regions. In addition, Sharia penal codes have been implemented in 12 northern states and apply to Muslims in those areas. 70 Centre For Reproductive Law and Policy (1998), Women’s Reproductive Rights in Nigeria: A Shadow Report, p15, available at Hwww.crlp.orgH 71 Penal Code of Nigeria, Section 55 (1d), quoted in Akumadu, Theresa U. (1999), op. cit. p 11.

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g) Any hurt which endangers life or which causes the sufferer to be, during the space of 20 days, in severe bodily pain or unable to follow his ordinary pursuits.72

Thus it can be seen that a husband could cause various severe and repeated injuries to his wife without fear of prosecution.73

Theresa Akumadu notes on the subject of customary law:

Although there is no proof that under native law and custom in Nigeria, wife battering is canvassed as a norm, it is clear that many cultures do not frown against it either. Wife battering is seen as a way of correcting an errant wife and failure to employ such methods of correction by a husband could mean that he is weak and/or tied to the wife’s apron strings. Customary law makes no pretense of its position as to the superiority of the man and the inferiority of the woman.74

Criminal Code – Southern Nigeria Section 351 states:

Any person who unlawfully assaults another is guilty of a misdemeanour and is liable, if no greater punishment is provided, to imprisonment for one year.75

If a conviction for a serious assault is obtained, according to the Centre for Reproductive Law and Policy:

In all states in Nigeria, a woman may use domestic violence as a ground for divorce if her husband has been convicted of grievously injuring her or attempting to seriously injure or kill her.76

3.2 Rape and sexual assault Criminal Code – Southern Nigeria Section 357 defines rape as follows:

Any person who has unlawful carnal knowledge of a woman or girl without her consent, or with her consent, if the consent is obtained by force or by means of threats or intimidation of any kind, or by fear of harm, or by means of false or fraudulent representation as to the nature of the act, or, in the case of a married woman, by [im]personating her husband, is guilty of an offence which is called rape.77

72 Penal Code of Nigeria, Section 241, quoted in Igwe, Mrs. F. I. (1999), op. cit. pp 36-37. 73 This is corroborated by the US Department of State (2003), op. cit. 74 Akumadu, Theresa U. (1999), op. cit. pp 10-11. 75 Criminal Code Act, ‘Assaults’, Part 4, Chapter 29, Laws of the Federation of Nigeria 1990, available at website of the International Centre for Nigerian Law, Hhttp://www.nigeria- law.org/Criminal%20Code%20Act-Tables.htmH 76 Centre For Reproductive Law and Policy (1998), op. cit. p 15. 77 Criminal Code Act, ‘Assaults on Females: Abduction’, Part 4, Chapter 30, op. cit.

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A person committing rape is liable to imprisonment for life (Section 358), or fourteen years for attempted rape (Section 359).78

There is no mention in the code of rape of a married woman by her husband.

Penalties for indecent assault are more severe for offences against men than against women. Section 353 states:

Any person who unlawfully and indecently assaults any male person is guilty of a felony, and is liable to imprisonment for three years.79

Whereas Section 360 states:

Any person who unlawfully and indecently assaults a woman or girl is guilty of a misdemeanour, and is liable to imprisonment for two years.80

Section 214 provides that a person who

permits a male person to have carnal knowledge of him or her against the order of nature… is guilty of a felony, and is liable to imprisonment for fourteen years.81

The Centre for Reproductive Law and Policy comments:

The government is doing nothing to address sexual violence and the punishments given out for such offences are far too mild to serve as deterrents.82

Hannatu Balogun from the Ministry of Justice notes:

The law on rape makes proof of the offence very difficult. It requires corroboration of the evidence of the woman. Besides, the law does not recognize marital rape… On the issue of corroboration for sexual offences, this is clearly discriminatory because even a murderer can be convicted upon the evidence of one witness alone. The problem is that such offences usually occur behind closed doors with only children as occasional witnesses. These children are usually threatened not to speak and their evidence in any case also requires corroboration.83

3.3 Female Genital Mutilation (FGM) and the law There is currently no law which specifically prohibits FGM in Nigeria. Rahman and Toubia propose that

78 Criminal Code Act, ‘Assaults on Females: Abduction’, Part 4, Chapter 30, op. cit. 79 Criminal Code Act, ‘Assaults’, Part 4, Chapter 29, op. cit. 80 Criminal Code Act, ‘Assaults on Females: Abduction’, Part 4, Chapter 30, op. cit. 81 Criminal Code Act, ‘Offences Against Morality’ Part 4, Chapter 21, op. cit. 82 Centre For Reproductive Law and Policy (1998), op. cit. pp 14-15. 83 Balogun, Hannatu A. (1999), op. cit. pp 82-83.

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FC/FGM could be prohibited under the provisions of both the Penal Code, the body of criminal law in force in the northern states of Nigeria, and the Criminal Code, which is applicable in the southern states.

However no arrests have been made for FGM on the basis of these provisions.84

The Federal Government publicly opposed female genital mutilation (FGM), which is condemned widely by international health experts as damaging to both physical and psychological health; however, it took no legal action to curb the practice. There are no federal laws banning FGM. Because of the considerable problems that anti-FGM groups faced at the federal level, most refocused their energies to combat FGM at the state and local government area (LGA) level. In 2000 Edo, Ogun, Cross River, Osun and Rivers States banned FGM. In Edo State, the punishment was a $8 (1,000 naira) fine and 6 months’ imprisonment. However, once a state legislature criminalized FGM, NGOs have found that they had to convince the LGA authorities that state laws were applicable in their districts.85

3.4 Forced and early marriage and the law The Centre for Reproductive Law and Policy notes:

A variety of conflicting laws relate to the age at first marriage. The eastern states of Nigeria have enacted legislation that prohibits marriage contracts between parties under the age of 16 and declares any such marriage legally unrecognisable. In contrast, in the remainder of the country, the civil law provides that parties to valid civil marriage be of “marriageable age”. Although the term “marriageable age” is not defined, adolescents under the age of 21 cannot marry without parental consent under the civil law. Yet customary law provides that children can marry when they have attained puberty, usually at age 14 for boys and 12 for girls.86

Under Islamic law in northern Nigeria, the father of a woman retains the “right” (ijbar) to arrange the marriage of his daughter, regardless of her age and without her consent.87

Under the Criminal Code (southern Nigeria), various offences are defined for sexual relations with girls or young women:

84 Provisions relate to Sections 240 and 241 of the Penal Code and Sections 335, 338 and 343 of the Criminal Code. See Rahman, Anita and Toubia, Nahid (2000), Female Genital Mutilation: A Guide to Laws and Policies Worldwide, London and New York, Zed Books, p 200. 85 US Department of State (2003), op. cit. 86 Centre for Reproductive Law and Policy (1998), op. cit. pp 12-13. 87 Centre for Reproductive Law and Policy (1998), op. cit. p 10.

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218. Any person who has unlawful carnal knowledge of a girl under the age of thirteen years is guilty of a felony, and is liable to imprisonment for life, with or without caning.

Any person who attempts to have unlawful carnal knowledge of a girl under the age of thirteen years -is guilty of a felony, and is liable to imprisonment for fourteen years, with or without caning.

221. Any person who- (1) has or attempts to have unlawful carnal knowledge of a girl being of or above thirteen years and under sixteen years of age; or (2) knowing a woman or girl to be an idiot or imbecile, has or attempts to have unlawful carnal knowledge of her; is guilty of a misdemeanour, and is liable to imprisonment for two years, with or without caning.88

However, prosecution would prove difficult, as

A person cannot be convicted of any of the offences defined in this section upon the uncorroborated testimony of one witness.89

3.5 Widows and the law Uche U. Ewelukwa, author of ‘Post-colonialism, Gender, Customary Injustice: Widows in African Societies’, notes that legal provisions perpetuate discrimination against widows who are already a vulnerable group.

Rather than offer protection to widows, received common law and statutory laws in the country perpetuate the discrimination against them by failing to prescribe positive laws to protect their interests and prescribing rules which reinforce traditional notions of women as inferior objects.90

The legal rights of widows vary depending on whether their marriage was civil, Islamic or customary. In addition a widow’s rights depend on whether she married within a monogamous or polygamous marriage system.

Each [marriage system] creates different legal rights and expectations for women and has serious implications for the property rights of the widow. Generally, women who contract monogamous, statutory marriages enjoy greater formal protection and have their property rights determined by a wide range of statutory laws. By contrast, widows who contract potentially polygamous, customary law marriages are not similarly protected, but have their legal rights determined exclusively under customary law. In practice widows enjoy little legal protection regardless of the nature of marriage contracted.91

88 Criminal Code Act, ‘Offences Against Morality’ Part 4, Chapter 21, op. cit. 89 Criminal Code Act, ‘Offences Against Morality’ Part 4, Chapter 21, op. cit. 90 Ewelukwa, Uche U. (2002), op. cit. p 428. 91 Ewelukwa, Uche U. (2002), op. cit. p 452.

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3.5.1 Laws on inheritance of property discriminate against widows Under customary law widows do not enjoy the right of inheritance to their husband’s estate. In addition, wills are unpopular in Nigeria:

Statutory restrictions on the nature of property disposable by will further exposes widows to abuse… Generally the Nigerian will prohibits the disposal by will of any property which under customary law cannot be affected by testamentary disposition.92

Ewelukwa describes many legal obstacles affecting a widow’s right to inherit property:

They include: an inequitable property regime; the general acceptance of polygamy; and the absence of any equitable means for protecting the respective interests of the different wives of a man; loopholes in the administration of estate laws which allow virtually any third party to contest a widow’s right to administer her husband’s estate; insensitivity and even hostility on the part of the police, the administration, and the judiciary; the absence of any law specifically addressing the problem of widows; and the general unpopularity of wills, coupled with the absence of effective means for enforcing wills.93

3.5.2 Loss of custody of children Any widow who is a mother may be at risk of having her children removed by in-laws, who consider them to be the concern of the father’s family.94

3.5.3 Widows as property Widows are seen as objects to be inherited by the heir to the estate:

The wives of a man constitute part of his immovable property; and the fact that they continue to be attached to the family even after his death demonstrates clearly that they are part of his immovable property. They are, of course, a type of property that could only be inherited by the male members of the family.95

Wife inheritance, or Levirate marriage, is the practice of a widow’s marriage being transferred to a male relative of her dead husband:

The death of a husband does not automatically terminate a marriage under most customary laws in Africa. As a result avenues are made for continuing marriage even after the death of the man either for the widow’s own protection or as a means of making use of her reproductive capacity to produce more children for the lineage. Such

92 Ewelukwa, Uche U. (2002), op. cit. pp 452-453. 93 Ewelukwa, Uche U. (2002), op. cit. pp 424-486. See also African Women Development Network, Situation Report on Widowhood in Nigeria, available at Hhttp://www.altrue.net/site/awdn/content.php?type=1&id=3157H 94 Ewelukwa, Uche U. (2002), op. cit. p 437. 95 Coker (1966), ‘Family Property Among the Yorubas’ 39 (1966), quoted in Ewelukwa, Uche U. (2002), op. cit.

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avenues include the levirate marriage and widow’s inheritance. Under the levirate system, “another man from the deceased’s family may be appointed to stand in the footprints of the dead man and discharge in relation to the widow and her children, all the functions of a husband and father, on behalf of his dead relative.” Under the system of widow’s inheritance, however, the widow’s marriage to the dead husband is assumed to have been terminated by his death and the new man “acquires rights in the marriage as if the widow had remarried.” 96

96 Armstrong, Alice et al. (1992), ‘Uncovering Reality: Excavating Women’s Rights in African Family Law’ 6 pp 3-4, quoted in Ewelukwa, Uche U. (2002), op. cit. p 438.

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4. The reality of seeking protection

Women experiencing domestic violence face many barriers when seeking protection. These include discriminatory and punitive laws (including Sharia law), the social stigma of reporting, the high cost of legal action, attitudes of the police and the courts, delays and corruption in the judicial system, lack of shelters for women fleeing violence, and the difficulties of living as a divorced woman.

4.1 Women and protection under the law The Nigerian legal system has been accused of creating a “complex and confusing legal regime under which women are generally denied adequate protection.”97 The Nigerian legal system comprises up to six sources of law:

In Nigeria, the result is that despite constitutional provisions espousing the principles of equality and non-discrimination, patently discriminatory customary laws and outdated English common law still form part of Nigerian Law and are routinely upheld by the courts.98

With regard to the reality of seeking protection, women from certain ethnic or religious groups or regions may be more at risk:

Legal Pluralism operates in Nigeria causing confusion and generating controversy. It has left a gap that permits choice of laws. The interests of the woman are particularly affected by the operation of multiple legal systems governing family law in Nigeria. Depending on the place of residence, type of marriage, ethnic group, or religion, a woman’s right and responsibility to marriage, inheritance, ownership and widowhood practices may be governed by [either Statutory law, Common law, Customary law, or Islamic Law].99

4.2 Religious discrimination under Sharia The 1999 Constitution prohibits the Nigerian Federal Government and State governments from adopting any religion as a state religion; however, Sharia penal codes have been implemented for all Muslims in 12 Northern states. This implementation causes further difficulties for women seeking protection against abuse. Sharia may be seen as discriminatory on the grounds of faith, as although it applies only to Muslims, its punishments are more severe than those of the Penal Code which applies to non-Muslims in the Northern states.

97 Ewelukwa, Uche U. (2002), op. cit. p 446. 98 Ewelukwa, Uche U. (2002), op. cit. p 447. The six sources of law quoted by Ewelukwa are (i) local laws and customs, (ii) English Common Law, the doctrines of equity and Statutes of General Application, (iii) local legislation, (iv) law reports, (v) textbooks on Nigerian law, and (vi) judicial precedents. 99 Bamgbose, Oluyemisi (2002b), Customary Law Practices and Violence against Women: The Position Under the Nigerian Legal System, paper presented at 8th International Interdisciplinary Congress on Women hosted by Department of Women and Gender Studies, 2002, University of Makerere, available at Hhttp://www.makerere.ac.ug/womenstudies/full%20papers/Oluyemisi%20Bamgbose.htmH

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Many components of Sharia are considered incompatible with international human rights standards.

Amnesty International also underlines that in all criminal cases in which Sharia law is applied in Nigeria there is discrimination on grounds of faith of the accused. The rights of those tried under Sharia law are clearly protected to a lesser extent than the Penal Code for Northern Nigeria, valid for non-Muslim People, particularly concerning the right of representation, the right of appeal and the lack of knowledge of criminal procedure by the court. Under Sharia law, the death penalty is applied for offences that are not punishable with the death penalty under the Penal Code for Northern Nigeria.100

The Minister of Justice and Attorney-General Kanu Agabi addressed the issue of discrimination on the grounds of faith in a letter to the governors of all states practicing Sharia:

The fact that Sharia law applies to only Moslems or those who elect to be bound by it makes it imperative that the rights of such persons to equality with other citizens under the constitution be not infringed. A Moslem should not be subjected to a punishment more severe than would be imposed on other Nigerians for the same offence. Equality before the law means that Moslems should not be discriminated against.101

4.2.1 Discrimination against women Sharia penal codes discriminate against women in that Sharia demands a higher burden of proof for women: a woman’s testimony is not considered equal to a man’s. To bring a claim of rape, a woman needs four male witnesses to verify her claim. 102

….pregnancy is considered sufficient evidence to condemn a woman for Zina, an offence which is to be read as adultery or as voluntary premarital sexual intercourse. The oath of the man denying having had sexual intercourse with the woman is often considered sufficient proof of innocence unless four independent and reputable eyewitnesses declare his involvement in the act of voluntary sexual intercourse. Safiya Hussaini was sentenced to death in her first trial for adultery on the basis of her pregnancy.103

100 Baobab for Women’s Human Rights and Amnesty International (2002), Joint statement on the implementation of new Sharia-based penal codes in northern Nigeria, 25 March 2002, available at Hhttp://www.web.amnesty.org/library/print/engafr440082002?open&of=eng-ngaH 101 Excerpt published in Momodu, Shaka, Women’s Human Rights Watch – Nigeria, How it all began, available at Hwww.rufarm.kabissa.org/campaigns/sharia.htmH 102 For further information on the provisions contained in the Sharia relating to women as witnesses in cases of adultery and women’s inheritance rights see Muslim Women’s League, Women in Society: Legal Rights, date of publication not listed, available at Hhttp://www.mwlusa.org/publications/essays/legalrights.htmlH 103 Baobab for Women’s Human Rights and Amnesty International (2002), op. cit.

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Amnesty International identifies the risk that a woman victim of domestic and sexual violence may be punished as a perpetrator of a crime:

There is a risk that women and girls who have been raped may be subjected to harsh corporal punishments and deterred from reporting offences for fear of being punished themselves. In early September 2000 Bariya Ibrahim Magazu, aged 17, was sentenced to 180 strokes of the cane in Zamfara State. She had no legal representation and was unable to produce sufficient witnesses to substantiate her allegation that she had been coerced into having sex with three men, one of whom had made her pregnant. She was sentenced to 100 lashes for having sexual relations outside marriage and a further 80 lashes for her accusations against the three men, which were judged to be false. The sentence was not due to be carried out until at least 40 days after the delivery of her baby. The authorities are not known to have ordered paternity tests when the child is born. She was arrested in July by police and is currently in the custody of her parents. In early December 2000, just before the birth was due, the judge who convicted her was reported to have said that sentence would be carried out despite appeals from human rights groups.i

Based on the cases of Bariya Ibrahim and Safiya Hussaini104 Baobab for Women’s Human Rights and Amnesty International emphasise that Sharia law as practised in the northern states of Nigeria, does not protect women from possible sexual assault and coercion, instead it is willing to punish the victims of such assault. In both cases the Court has not pursued the allegations of coercion. The clear implication of this decision is that men violate and rape girls and women with impunity as long as they make sure that there are no witnesses to their crime. On the other hand, women and girls who are victims of rape or coercion have their situation further compounded. They will be subjected to charges of Zina and false accusation. This clearly violates women’s rights, justice and security while protecting those men who harass, molest and rape women and girls.105

Sharia penal codes apply harsh punishments for ‘sexual crimes’. The punishment for a woman committing adultery is either death by stoning, for married women, or flogging, for unmarried women.106 WomanKind have argued that this contravenes Articles 2 and 16 of CEDAW to which Nigeria is a signatory, as Article 2 provides for non-discrimination between men and women and Article 16 provides for the equal rights of women in matters relating to marriage and family relations.107

104 See case studies at the end of this section. 105 Baobab for Women’s Human Rights and Amnesty International (2002), op. cit. 106 BBC News, 23 January 2002, author not listed, Nigeria’s ‘adulteress’ set free, available at Hhttp://news.bbc.co.uk/1/hi/world/africa/1778614.stmH 107 Argument raised in letter to President Obasanjo, c/o Nigerian High Commission in the United Kingdom, see Hwww.womankind.org.uk/documents/Amina.docH

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Many aspects of the application of Sharia are inconsistent with international human rights standards. With reference to the provisions of the ICCPR, to which Nigeria is a signatory, Amnesty International highlights the interpretations of the UN Human Rights Commission:

The Nigerian constitution guarantees the right to life and to freedom from torture and cruel inhuman and degrading punishments and the right to fair trial. Nigeria is a state party to the Convention Against Torture and Other Cruel, Inhuman and Degrading Treatment or Punishment and the International Covenant on Civil and Political Rights. The ICCPR protects the rights to life and in countries which have not abolished the death penalty, sentences of death may be imposed only for the most serious crimes. This has been interpreted by several United Nations bodies, including the United Nations Commission on Human Rights to be limited and not go beyond…intentional crimes with lethal or extremely grave consequences and…not to be imposed for non-violent acts such as…Sexual relations between consenting adults. (Commission on Human Rights Resolution 2002/77, para 4cc.)108

Local politicians and religious leaders say that floggings are symbolic, not barbaric, and work on the principle that a fear of punishment promotes lawfulness.109 This view is reflected in comments made by the Deputy Governor of Zamfara, Mahmoud Shinkafi with reference to the flogging of Bariya Ibrahim Magazu, accused of having sex with three men. Governor Shinkafi stated that

The disgrace in public is what deters people…she will never be disgraced again.110

4.2.2 Sharia courts The procedures of the Sharia courts have been criticized by human rights organizations because the training of judges, the application of the death penalty and the lack of legal representation fail to conform to minimum standards of international protection.

Judges

Lack of judicial training of Sharia Court judges: the criteria for appointing judges do not fulfil international standards of training for judicial personnel. In the case of Safiya Hussaini, a lower court handed down the death sentence. The court in question did not have penal jurisdiction before the introduction of the new Sharia-based penal

108 Amnesty International, 19 August 2002, Nigeria: Death by stoning upheld in the case of Amina Lawal, available at Hhttp://www.web.amnesty.org/library/print/engafr440172002?open&of=eng-ngaH 109 BBC News, 15 October 2001, author not listed, Analysis: Nigeria’s Sharia Split, available at Hhttp://news.bbc.co.uk/1/hi/world/africa/1600804.stmH 110 BBC News, 23 January 2001, author not listed, Nigerian flogging condemned, available at Hhttp://news.bbc.co.uk/1/low/world/africa/1132168.stmH

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codes. Judges are frequently the same and have rarely received adequate training to judge criminal matters.111

Death penalty cases

Procedure of application of Death Penalty: the new Sharia Penal Codes allow Sharia Courts, often only consisting of one judge and having no guarantees for adequate legal representation, to impose the death penalty. Under the Penal Code of Northern Nigeria and also the Nigerian Criminal Code applicable in Southern Nigeria, cases attracting capital punishment could only be tried by the State High Court.112

Legal representation The majority of people have no representation at the upper Sharia court. Lack of representation is identified by Amnesty International as largely being due to poverty, lack of education, illiteracy and a lack of awareness.

Failure to meet International Standards of Fair Trial: Baobab and Amnesty International are concerned that Sharia courts may fall short in guaranteeing the right of representation. This is particularly serious for cases where the death penalty and other irreversible punishments can be imposed. Safiya Hussaini did not benefit from full legal representation in her first trial, when she was sentenced to death.113

Observation of cases tried by Sharia courts in northern Nigeria shows that the convicted are often from a deprived background. This was the case for Safiya Hussaini.114

4.2.3 Recourse to appeal to federal authorities Chima Nwokoye, a Nigerian constitutional law expert, has identified concerns that the Federal court will not overturn Sharia judgements.

Obasanjo has resisted demands to seek a Supreme Court resolution of the Shari'ah crisis in Nigeria on the grounds that it could lead to the polarisation of the country along religious lines. But if the Lawal case makes its way to the highest court, some analysts fear the outcome will be the same.

"For a cut-and-dried constitutional matter, the religious composition of the Supreme Court panel would not have mattered," Chima Nwokoye, a constitutional law expert, told IRIN.

"But as a Shari'ah appeal, the case would be very much in the hands of

111 Baobab for Women’s Human Rights and Amnesty International (2002), op. cit. 112 Baobab for Women’s Human Rights and Amnesty International (2002), op. cit. 113 Baobab for Women’s Human Rights and Amnesty International (2002), op. cit. 114 Baobab for Women’s Human Rights and Amnesty International (2002), op. cit.

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the Muslim judges of the court. And what if they uphold a stoning sentence?" 115

So significant is the contradictory attitude of the Federal government in its dealings with Sharia courts that Amnesty International has released a statement focussing on it:

The international human rights organisation fears that conflicting statements by the Nigerian authorities at state and federal level on the case of Nigerians convicted under the Sharia Penal Codes in northern Nigeria, such as Amina Lawal, could lead to a further deterioration of their human rights situation.

"The Federal Government seems to deliberately deliver two contradictory speeches for internal and international audiences. Despite reassurances by President Obasanjo, the Government is still failing to take effective measures to ensure that the new Sharia penal legislation is in line with the Nigerian constitution and the country's obligations under international human rights instruments.”

"The argument that the states of the federation are entitled to introduce their own penal codes is untenable as these codes introduce provisions that breach human rights standards, which should apply all over the country at the federal and national levels", President Obasanjo, who has in several occasions stated his opposition to the application of the death penalty in his country, said in a public appearance on 1 October 2002 that "...we cannot imagine or envisage a Nigerian being stoned to death ... it has never happened. And may it never happen again.”

On 20 August 2002, Minister of Justice Kanu Agabi said that his government would challenge the decision by a Shari'a court to turn down Amina Lawal's appeal against a death sentence and added that "the death sentence on Amina... raised substantial issues of law and fact worthy of the attention of the Court of Appeal."

However, on 4 November Nigerian Foreign Minister Sule Lamido was reported to defend the use of Shari'a law in general shying away from the issue which is the institution and implementation of new penal codes which have brought about a drastic change in the application of Shari'a law in Nigeria. These new penal codes are posing a serious challenge to the Nigerian constitution and to Nigeria's obligations under international human rights law, including under the Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, the International Covenant on Civil and Political Rights, and the African Charter for Human and People Rights.

"The prolonged interval between sentence and further hearing of

115 IRIN News, 29 August 2002, Nigeria: Focus on Shari’ah sentence controversy, available at Hwww.irinnews.org/print.asp?ReportID=29613H

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Amina Lawal's appeal we are currently witnessing means that she is still threatened by the death penalty. No date has been given for the next appeal hearing until now", Amnesty International said.

"The truth is that, despite the outrage widely expressed by the international community, Amina Lawal. Ahmadu Ibrahim, Fatima Usman, Yunusa Rafin Chiyawa and Sarimu Mohammed are still facing the death penalty, and that cruel, inhuman and degrading punishments such as flogging and amputation are being passed regularly in Shari'a courts in northern Nigeria", Amnesty International added.116

4.2.4 A summary of specific cases Safiya Yakubu Hussaini Hussaini, aged 35, was sentenced to death by stoning on 9 October 2001 in a Sharia Court in Gwadabawa, Sokoto State.117 A four man panel of judges at the Sharia Court of Appeal in Sokoto State later acquitted her on procedural grounds: the first court did not follow the appropriate procedure, the police failed to present all information required in the case, and the alleged offence was committed before the Sharia legal code was instituted in the state.118

Bariya Ibrahim Magazu 17 year old Magazu was sentenced to death under Sharia in Zamfara State after three men forced her into having sex with them in September 2000. As a result of this incident she became pregnant, but because she was pregnant the punishment was deferred until two weeks after the birth.

Magazu received the flogging before the outcome of an appeal against her conviction.119

Amina Lawal Lawal is a 30 year old Muslim divorcee. She was sentenced on Friday 22 March 2002 to death by stoning by a Sharia court in Bakori, Katsina State, in northern Nigeria. She is alleged to have confessed to having a child outside marriage. The man alleged to be the father of the child denied having sex with her and the charges against him were dropped.

Lawal did not have legal representation at her first trial when she received the sentence of death by stoning. She is now appealing the sentence, with a lawyer who is funded by a coalition of human rights women’s organisations. The Sharia Court of Appeal of Funtua, Katsina State, had set 27 May 2002 as the date of her appeal hearing. This has since been adjourned twice, on 3 June 2002 and 8 July 2002. On 19 August 2002 a Sharia Court of Appeal in

116 Amnesty International, 14 November 2002, Nigeria: Amina Lawal – the Nigerian government’s double speech, press statement available at Hhttp://web.amnesty.org/library/print/engafr440222002?open&of=eng-ngaH 117 Baobab for Women’s Human Rights and Amnesty International (2002), op. cit. 118 IRIN News, 25 March 2002, Nigeria: Islamic court frees woman from death by stoning, available at Hhttp://www.irinnews.org/report.asp?ReportID=26955&SelectRegion=West_Africa&SelectCo untry=NIGERIAH 119 BBC News, 23 January 2001, op. cit.

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Funtua upheld the sentence. Lawal was granted 30 days to appeal against the decision.120 On 25 March 2003, her appeal hearing was adjourned until 3 June 2003.121

4.3 Difficulties in reporting abuse Cultural attitudes and threats make taking the first step of reporting violence very difficult for many women. Hannatu Balogun, from the Ministry of Justice, Kaduna, notes:

The woman does not get support from even other women for they also have been brainwashed to find the woman guilty until she proves her innocence… Even her parents will blame her if they knew she had been abused. Thus women find it extremely difficult to report abuses.

The woman is usually threatened to keep her quiet. The threats include threats of more violence, threats of being sent out of the matrimonial home and worse still, threats of loss of custody and denial of access to the children of the marriage. Like all abused people, she is frightened and unhappy.122

4.4 The police Domestic violence is considered a family matter, to be settled privately. The police are therefore reluctant to intervene:

In Nigeria, Police will not intervene in ‘domestic quarrels’ and do not consider wife beating as a crime because existing legal instruments do not treat wife abuse as a criminal offence. For instance, Penal Code Law Cap 89 Laws of Northern Nigeria 1969 states that nothing is an offence by a husband for the purpose of correcting his wife. This law sees husband-wife relationship as being analogous to parent-child relationship. The wife needs to be corrected as the child who misbehaves. This is a good reflection of cultural attitudes in legislation which negates the basic principle of equity and justice.123

The Centre for Reproductive Law and Policy notes:

Law enforcement officers do not take cases of domestic violence seriously, which explains why many such cases are never prosecuted. Rather, they are seen as family matters. Such cases are seldom investigated or prosecuted as criminal assaults until a case results in death. This occurred recently in Obibiezena Ngor Okpala in Imo State, when a man matcheted [sic] his wife to death for attending a church function without permission. In most cases, women suffer in silence

120 See Amnesty International, Nigeria: How Much More Suffering under Sharia Penal Legislation? date of publication not listed, available at Hhttp://web.amnesty.org/web/content.nsf/pages/gbr_nigeriaH 121 Amnesty International, Nigeria: Amina Lawal’s appeal case postponed until 3 June 2003, available at Hhttp://www.amnesty.org.uk/action/aminalawal.shtmlH. 122 Balogun, Hannatu A. (1999), op. cit., p 82. 123 Odimegwu, Clifford Obby (2001), op. cit.

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because they have nowhere to turn, because of the unlikelihood of obtaining a remedy, and because of the cost of the legal process.124

As there is no specific law prohibiting domestic violence women may feel uncertain of their claim. Complaints are not taken seriously by law enforcement officials.

In Southern states, law enforcement agents generally regard physical battery of a wife by the husband as something culturally acceptable and have an unwritten policy of non-interference in domestic matters. This fact also became more apparent to the researcher from the few reports made at the courts and welfare offices visited during the course of this investigation, compared to its common occurrence among the people. In the Northern states, it is practically impossible for a woman to lodge a criminal complaint against her husband because there is no known law or custom which does not accept as lawful ‘reasonable chastisement’, by a husband for the purpose of correcting his wife (Atsenuwa 1995:50-1). Victims therefore suffer in silence or else retaliate with grave consequences.125

Reports of rape whilst in police custody further undermine women’s confidence in the authorities and may deter women from pursuing domestic violence claims.126

4.5 The judiciary The US State Department notes that the judiciary is influenced by politicians and is therefore susceptible to corruption. Further there are delays in the court system due to understaffing and poor communication between the authorities.

Criminal justice procedures call for trial within 3 months of arraignment for most categories of crimes; however, there were considerable delays, often stretching to several years, in bringing suspects to trial (see Section 1.d.). Trials in the regular court system were public and generally respected constitutionally protected individual rights in criminal cases, including a presumption of innocence, and the right to be present, to confront witnesses, to present evidence, and to be represented by legal counsel. However, there was a widespread perception that judges easily were bribed or "settled," and that litigants could not rely on the courts to render impartial judgments. Most detainees were poor and could not afford to pay the costs associated with moving their trials forward, and as a result they remained in prison. Wealthier defendants employed numerous delaying tactics and in many cases used financial inducements to persuade judges to grant numerous continuances. Such practices clogged the court calendar and prevented trials from starting.

124 Centre for Reproductive Law and Policy (1998), op. cit. p15. 125 Atinmo, Morayo (2000), op. cit. 126 Centre for Reproductive Law and Policy (1998), op. cit. pp 14-15.

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Many courts were understaffed, and personnel were paid poorly. Judges frequently failed to appear for trials, often because they were pursuing other means of income. In addition, court officials often lacked the proper equipment, training, and motivation to perform their duties, again primarily due to inadequate compensation.127

The availability of legal aid may be a factor in accessing adequate protection:

The available financial resources will determine the nature and extent of the legal aid that may be provided in a country. Whereas it is estimated that developed countries such as the United Kingdom and United States spend about US$ 32 and US$ 2.25 respectively per person on legal aid, developing countries like South Africa and Nigeria spend about US$ 0.50 and US$ 0.002 per person.128

4.6 Other support services No information could be found on any government-funded support services or shelters for women fleeing domestic violence. The few services and one shelter known to exist are provided by NGOs.

Project Alert on Violence Against Women reports a lack of shelters, counselling and other support services for women fleeing domestic violence in Nigeria. They also note that women cannot rely on the extended family as a source of help. As such, the provision of such services to abused women and children is one of their key objectives.129 We have not been able to ascertain the extent of these services. According to their website, Prolert’s first shelter for women fleeing domestic violence was due to be opened in January 2001; however, no further information on this initiative was available.

Furthermore, is the lack of shelter, counselling and other forms of support services to abused women. This exposes them to more violence and psychological trauma. Contrary to commonly held belief, the extended family, does not offer succour to abused women. In most cases she is often blamed for various acts of violence perpetrated against her and sent back to the violent environment.130

No other information could be found on direct services to women fleeing violence. However NGOs and women’s organisations have been undertaking work to address the problems faced by women in Nigeria.

127 US Department of State (2003), op. cit. 128 Summary information taken from Institute of Development Studies Development Research website, Hwww.id21.orgH For full text see McQuoid-Mason, David (1999), ‘Access to Justice in South Africa’, Windsor Yearbook of Access to Justice 230, 17, and McQuoid-Mason, David (2000), ‘The delivery of civil legal aid services in South Africa’, Fordham International Law Journal, Symposium S 111, 24. 129 Project Alert on Violence Against Women, Mission Statement, available at Hhttp://prolert.kabissa.org/newpage1.htmH 130 Project Alert on Violence Against Women, Mission Statement, op. cit.

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In partnership with 16 Nigerian NGOs, the Nigeria Democracy and Governance Programme131 has implemented measures to counter discrimination, increase women’s awareness and political participation, and provide legal aid and guidance in 9 states (Abia, Jigawa, Anambra, Oyo, Katsina, Enugu, Kebbi, Kano and Lagos).

The International Federation of Women Lawyers (FIDA) is active in providing services to empower women.132 For example, in Enugu state, FIDA run a ‘Legal education outreach programme’ to educate rural women on their legal and human rights. Themes of the programme have included FGM, widowhood rituals, women’s participation in governance and public life and freedom from violence.133

The International Human Rights Law Group, in partnership with Shelter Rights Initiative, a Nigerian NGO, has initiated a project on improving women's legal rights.134

131 The Nigeria Democracy and Governance Programme (D&G) is implemented by the John Hopkins University Population Communication Services in collaboration with the Center for Development and Population Activities. The D&G programme is funded by USAID. See Nigeria: Building Democracy and Governance available at Hhttp://www.jhuccp.org/africa/nigeria/demogov.shtmlH 132 Programme of services varies from state to state. 133 Information taken from International Federation of Women Lawyers (FIDA) Nigeria website, Hhttp://www2.h-net.msu.edu/~thompson/fidanigeria/branches.htmlH 134 See International Human Rights Law Group, IHRLG, Promoting the protection of women’s human rights at Hhttp://www.hrlawgroup.org/country_programs/nigeria/womens_rights.aspH and Shelter Rights Initiative at Hhttp://www.srinitiative.org/index.htmH

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5. The situation of separated and divorced women

A woman who wished to leave her husband because of violence, or who was separated or divorced, would face multiple problems in Nigeria. These include social stigma and ill-treatment as a divorced woman, rejection by the family, possible loss of custody of her children, difficulty in supporting herself financially, discrimination in employment (especially in states implementing Sharia), lack of property and land rights and inadequate access to education and health services.

5.1 Marriage and divorce Marriage in Nigeria may be governed by customary, Islamic or civil law. The rights accorded to women depend on the type of marriage and the region of the country. Nigerian law recognizes monogamous and polygamous marriage systems.

Approximately 42.6% of all married women are in polygamous unions and 56.7% are in monogamous unions.135

Civil marriage and its dissolution is governed by the 1970 Matrimonial Causes Act, which stipulates that civil divorce can only be granted on the grounds that the marriage has “irretrievably” broken down.

Within customary marriage, payment of a dowry is considered to symbolize “women’s inferiority as purchased property to be used at the pleasure of the buyer”.136

Customary and Islamic law marriages are subject to dissolution, non-judicially, under the governance of customary law or Sharia courts:

In Northern Nigeria, a man married under Islamic law may divorce his wife unilaterally by repeating the phrase “I divorce you” three times (the talaq). Such action is not available to women. However, Islamic law does provide that a woman may divorce her husband with his consent if she returns the dower payment made to him. In considering the grounds for divorce, Sharia courts may take into account, inter alia, any failure to pay maintenance, a prolonged absence, or the infliction of harm. Many customary law courts will consider as relevant: adultery; cruelty; desertion; and impotence, sterility or the presence of any reproductive health problem. At the dissolution of a customary law marriage, the parties must refund a portion of the bride price or dower payments that were made.

Divorce under Islamic or customary law terminates any rights to spousal maintenance.

135 Centre for Reproductive Law and Policy (1998), op. cit. p 11. 136 Centre for Reproductive Law and Policy (1998), op. cit. p 11.

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Research undertaken by Osakue and Martin-Hilber reveals the high value placed on the institution of marriage in Nigeria and illustrates the complexities facing women victims who want to leave their marriage.

Under prevailing local customary and Islamic laws, marital relations are normally defined according to the patriarchal norms that are severely disempowering for women. Even so, most women tend to revere marriage customs and rituals, and as young women they enter into marriage with high expectations of achieving greater respect and status. In reality, however, as “good wives” they must be subservient to their husbands, forfeiting their decision-making power and, in the North, even their freedom of movement, as mandated by the rules of purdah. We found ample evidence that the power and life force associated with motherhood is attainable only through marriage. All ethnic groups concur that a woman’s value and respectability are largely determined by her childbearing ability and the extent to which she measures up as a “good wife”, in the sense of being able to bear children, maintain the household, and satisfy her husband sexually.

Focus group respondents accepted the custom of payment of bride price by their husband’s family as a signifier of the bride’s value to her new husband. In some areas bride price increases if the bride-to-be can offer proof of her virginity: this reinforces women’s acceptance of such practices as FGM and the “protection” of young girls as insurance of marriageability. After marriage, women also generally adhere to the expectation of wifely obedience, remaining faithful in the face of a husband’s infidelity and polygamy.

Participants of the focus groups also noted that

… society treats divorced women harshly, stigmatising them as “flirts”, “troublesome” and “bad women”, whereas divorced men are more an object of pity. Above all, divorced women in all zones risk forfeiting custody of their children. At best they are granted visiting rights or, at the discretion of the husband and his family, the right to continue raising any small children not yet of school age.

Osakue and Martin-Hilber note:

Marriages are rarely ended by women, even those who suffer continuing violence and abuse, because divorced women incur societal disrespect in addition to financial hardship and the risk of being an outcast from the family.137

5.2 Economic security 5.2.1 Access to employment The US State Department reports that women, particularly unmarried women, are discriminated against in gaining employment.

137 Osakue, Grace and Martin-Hilber, Adriane (1998), op. cit. pp 199-202.

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There were no laws barring women from particular fields of employment; however, women often experienced discrimination because the Government tolerated customary and religious practices that adversely affected them. The Nigerian NGOs Coalition expressed concern about continued discrimination against women in the private sector, particularly in access to employment, promotion to higher professional positions, and in salary inequality. There were credible reports that several businesses operated with a "get pregnant, get fired" policy. Women remained underrepresented in the formal sector but played an active and vital role in the country's informal economy. While the number of women employed in the business sector increased every year, women did not receive equal pay for equal work and often found it extremely difficult to acquire commercial credit or to obtain tax deductions or rebates as heads of households. Unmarried women in particular endured many forms of discrimination.

While some women made considerable individual progress both in the academic and business world, women remained underprivileged. 138

5.2.2 Restrictions on employment under Sharia Sharia restricts employment rights for unmarried women and Christian women refusing to wear Islamic dress at work.

In Zamfara, single female civil servants had been given a three-month ultimatum to get married or be fired from work.139 A Lagos based NGO, Constitutional Rights Project, said that the decision to order single women to get married was unconstitutional and violated the rights of women on the grounds of sex.

A Nigerian journalist has reported that 11 Christian women nurses are facing disciplinary action for refusing to wear the Islamic prescribed uniform of veil and trousers at the Federal Medical Centre in Azare, Bauchi State. The women claim that their names were removed from the payroll, after being handed letters of their suspension.140

5.3 Property rights The legal status of women in Nigeria and in particular their lack of property rights means that divorced and separated women would have great difficulty in finding accommodation. The UN Special Rapporteur on violence against women states:

138 US Department of State (2003), op. cit. 139 This statement was later retracted and modified to ‘encouraging’ women to marry. See Imam, Ayesha (2002), Of laws, religion and women’s rights: women’s rights in Muslim laws (Sharia), Women Living Under Muslim Laws, 9 July 2002, available at Hhttp://www.wluml.org/english/new-archives/nigeria/womens-rights-sharia-article-ayesha- imam-2002.htmH 140 Oguachuba, Ijeoma, 22 July 2002, In Bauchi, Nurses Battle Shari’ah, This Day, Lagos, available at Hhttp://allafrica.com/stories/printable/200207220357.htmlH

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In countries such as Nigeria, women have the legal status of a minor. Women who choose to live alone, who are widowed, divorced or lesbians, and women with children outside marriage are at a severe disadvantage, as they do not share the same rights as men. When married, women become the property of their husband; only through him or through their father or sons do women have access to land. By themselves, they are not able to sign legal contracts or file for divorce. Without a man, women-headed households are severely limited in their access to means to support themselves.

In Nigeria, 90 per cent of land and property are in the name of men. Accommodation grants from the employer can only be received by men as women are expected to move in with the husband. Single mothers fall through this safety net. In Nigeria, landlords are reluctant to give accommodation to single women or mothers, who have the reputation of being promiscuous. Should they become homeless, women are at a great risk of becoming victims of violence such as rape.

Not being a full member of society in legal terms prevents female heads of household from being able to support their family. Housing in the formal sector may not be available or affordable and the family may be exposed to the vagaries of the informal housing sector. But married women also are affected by this situation, as they are dependent on their husbands in legal and economic terms. Where the husband does not allocate the resources equally, women are at a severe disadvantage and powerless. In cases of domestic violence, the inability to live life independently without a husband or father may force women to stay with their batterers.141

5.4 Access to education Restrictions on women’s access to education may have implications for the ability of victims of domestic violence to seek protection.

UNICEF reports that

The national literacy rate for females is only 56%, compared to 72% for males, and in certain states the female literacy, enrolment and achievement rates are much lower… About 30% of school-age girls drop out of school having already begun childbearing before the age of 18.

…Many Nigerian parents, especially in large families with limited resources, enrol boys in school instead of or before girls. Some parents also keep their daughters out of school due to misinterpretation

141 United Nations Economic and Social Council, Commission on Human Rights (2000), Integration of the human rights of women and the gender perspective: Violence against women: Report of the Special Rapporteur on violence against women, its causes and consequences, Ms Radhika Coomaraswamy, Addendum: Economic and social policy and its impact on violence against women, E/CN.4/2000/68/Add.5, available at Hhttp://www.hri.ca/fortherecord2000/documentation/commission/e-cn4-2000-68-add5.htmH

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of the tenets of Islamic religion… Boys are given more opportunities to ask and answer questions, to use learning materials, and to lead groups. Girls are given less time on tasks than boys in primary and secondary school science classes. Teachers use corporal punishment and create an intimidating classroom environment.142

5.5 Access to healthcare In its Shadow Report (1998) to CEDAW, the Center for Reproductive Law and Policy (CRLP) states:

The Nigerian government estimates that 40% of the population has access to health facilities. In 1992, there was roughly one doctor for every 3,867 people. Approximately one third of all births are attended by a doctor, nurse, trained midwife, or traditional birth attendant.143

Although the Nigerian health care system consists of over 12,000 health care institutions which are directed under a policy which considers health an ‘essential component of social and economic development’ and seeks to distribute health care and to disseminate information to under-served communities144, the reality is that

There are not enough health facilities in rural areas within the reach of the rural poor. Most women, particularly pregnant women, cannot afford health services … Most low-income Nigerian women have access mainly to traditional medical health care because it is affordable and readily available.145

Abortion is illegal in Nigeria (unless performed to save a pregnant woman’s life); consequently unwanted pregnancies often conclude in unsafe abortions performed in unsanitary conditions.

For some women physical access to health services is restricted further by the implementation of purdah (confinement to the home).

The Nigerian government operates various policies on mental health, although there is no legislation at present. A new Mental Health Law is currently planned. The World Health Organisation comments that there are no health insurance or social insurance policies in place and therefore disability benefits are not adequate. Manpower is insufficient to handle mental health at the primary care level. There are 0.4 psychiatric beds and 0.09

142 UNICEF, Girls’ Education in Nigeria, available at Hwww.unicef.org/programme/girlseducation/action/cases/nigeria.htmH 143 Centre for Reproductive Law and Policy (1998), op. cit. 144 See The National Health Policy and Strategy to Achieve Health for All Nigerians, adopted in 1988, discussed in Centre for Reproductive Law and Policy (1998), op. cit. p 1. 145 Centre for Reproductive Law and Policy (1998), op. cit. p 1.

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psychiatrists per 10,000 population.146 Most of the health professionals migrate to industrialized countries leading to a shortage of personnel. 147

The Robert Gordon University in Aberdeen has undertaken research into the quality of drugs available in Nigerian pharmacies. They found that nearly half of the drug samples contained levels of active ingredients outside of the recommended range. There is a possibility of serious side effects and toxicity, especially in children, when an excess of active ingredients is present in medicines.148

146 In the UK, provision is 5.8 and 11 per 10,000 respectively. See World Health Organisation, Department of Mental Health and Substance Dependence, Atlas: Country Profiles on Mental Health Resources, WHO, Geneva, available at Hhttp://mh-atlas.ic.gc.ca/H 147 See World Health Organisation, Department of Mental Health and Substance Dependence, op. cit. For details of the availability and cost of therapeutic drugs see full text. 148 H Summary information taken from Institute of Development Studies Development Research website, Hwww.id21.orgH H For full text see Taylor, R.B. et al. (2001), Pharmacopoeial quality of drugs supplied by Nigerian pharmacies, The Lancet 357.

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Appendix A

Home Office Country Assessment, October 2002

WOMEN 6.72 Women are underrepresented in government and politics, although there were no legal impediments to political participation or voting by women. Men continued to dominate the political arena. NGO's continued to protest about the underrepresentation of women in the political process, and women were underrepresented in the civilian government. In President Obasanjo's first cabinet, only 6 women were appointed as ministers out of a total of 56 positions. There were 3 women among the Senate's 109 members, and only 12 women were elected to the 360 member House of Representatives. Women's rights groups pushed local, state, and the Federal Government to adopt a 30% affirmative action program; however, these efforts were unsuccessful. [3] 6.73 Women are not barred from seeking redress through the courts, although the expense precludes many. There are no legal impediments relating to either female employment or political participation, although women frequently have to encounter prejudice in male dominated fields such as law and politics. While some women have made considerable individual progress, both in the academic and business world, women remain underprivileged. Women are not barred legally from owning land, but under some customary land tenure systems only men can own land, and women can gain access to land only through marriage or family. In addition many customary practices do not recognise a woman's right to inherit her husband's property, and many widows are rendered destitute when their in-laws take virtually all of the deceased husband's property. Widows are subjected to unfavourable conditions as a result of discriminatory traditional customs and economic deprivation. "Confinement" is the most common rite of deprivation to which widows are subjected; this practice occurs predominately in eastern Nigeria. [3] 6.74 Reports of abuse are common, especially wife beating. Police normally do not intervene in domestic disputes, which seldom are discussed publicly. The Penal Code permits husbands to use physical means to chastise their wives as long as it does not result in "grievous harm," which is defined as loss of sight, hearing, power of speech, facial disfigurement, or life threatening injuries. Women's rights group has estimated that spousal abuse occurs in 20% of relationships. In more traditional areas of the country, courts and police are reluctant to intervene to protect women who accuse their husbands formally if the level of alleged abuse does not exceed customary norms in the areas. Rape and sexual harassment continue to be problems. Prostitution is rampant, particularly in urban areas. [3] 6.75 A number of states, including most northern states that have begun the enforcement of Shari'a law, have begun to enforce existing laws or to introduce new laws to combat prostitution. Southern states, like Edo, also are criminalising prostitution and raising the legal age for marriage from 16 to 18. In some parts of the country women continue to be harassed for social and religious reasons. Purdah, the Islamic practice of keeping girls and women in seclusion from men outside the family, continued in parts of the far north. [3] Forced marriages are common in Nigeria, especially in the north of the country. There has been a recent application to the Jos High Court from a 19-year-old to prevent her father forcing her into an arranged marriage. [163] 6.76 A growing problem is the cross border trafficking of Nigerian women for the purpose of forced prostitution in Europe. Mrs Titi Abubakar, wife of the Vice-President Atiku Abubakar, has set up the Women-trafficking and Child Labour Eradication Foundation (WOTCLEF). This organisation intends to combat this trade and help rehabilitate victims of this traffic who have been deported back to Nigeria, by providing vocational training, and financial assistance to set up businesses at the end of this training. The Nigerian authorities are aware of this exploitation and are attempting to stop this trade; they are also seeking international assistance to address this problem. [164] Human Rights Watch reported that according to women's rights organisations, hundreds of women and young girls migrated to Europe in response to job offers as domestic workers or waitresses. Upon arrival, many were forced into prostitution in order to pay off debts. In addition, there is evidence that Nigerian crime syndicates may use debts, threats of beatings and rape, physical injury to the victim's family, arrest, and deportation to persuade those forced into sex work from attempting to escape. While the Government deplores this trade, and is looking at ways to prevent it, the police

64 Refugee Women and Domestic Violence: Country Studies, Edition 5, May 2003, Asylum Aid

reported that the women's families often condoned their entry into the trade. The Nigerian police attempts to stem the trafficking of persons include extended jail sentences and public humiliation; however, such actions focused primarily on victims, and traffickers have not been punished. Awareness campaigns, often conducted by NGO's and others, have only recently begun to generate widespread attention. [3] President Obasanjo has set up a committee to address this problem, to receive those who are victims of this abuse, and provide rehabilitation and assistance. The Nigerian authorities are taking this abuse seriously, and are attempting to arrest those who organise and profit from it. [130][131] 6.77 There are no legal provisions barring women from testifying in a civil court of law. However the testimony of women is given less weight in a Muslim Shari'a court, and this may have implications in states where a Shari'a legal code has been introduced; but as this code is still being introduced, it long term effects remain to be seen. [3] FEMALE GENITAL MUTILATION (FGM) 6.78 The government publicly opposes female genital mutilation (FGM). The Ministry of Health and non-governmental organisations has sponsored public awareness and education projects informing communities of the health hazards associated with FGM. FGM is a traditional practice within local communities, and consequently it has proved difficult for federal government to effectively confront. However, the cultural nature of the practice in Nigeria determines that the mothers of young daughters are able to veto treatment if they oppose it. Communities from all of Nigeria's major ethnic groups and religions practise FGM, although adherence is neither universal nor nationwide. A 1985-6 survey found that it was not practised at all in 6 of the 19 states surveyed. [3][59][162] The age at which women and girls are subjected to FGM varies from the first week after birth, until after a woman delivers her first child. The Ministry of Health, women's groups, and many NGO's sponsored public awareness projects to educate communities about the health hazards of FGM, and the media has repeatedly criticised its practice. [3] 6.79 The Nigerian Government does not approve of FGM, but there are no federal laws banning it, and the authorities have taken no legal action to curb it. As this is viewed by some communities as a long-standing tradition, the government may have difficulty in discouraging FGM, while being seen to respect the traditions of the groups involved. Anti-FGM groups, because of the inability to take action at the federal level, are attempting to challenge FGM at the state and local government area (LGA) level. Edo State banned FGM in October 2000. Ogun, Cross River, Osun, Rivers, and Bayelsa states also banned FGM. However, the punishments imposed are minimal; in Edo State the punishment is a 1,000 Naira fine and 6 months imprisonment. Once a state legislature criminalises FGM, NGO's have found that they must convince the LGA authorities that state laws are applicable in their districts. [3] There has also been considerable debate in Delta and Enugu States regarding FGM, and some progress has been made in drafting laws aimed at addressing this. [30] 6.80 The Women's Centre for Peace and Development (WOPED) estimated that at least 50% of women are mutilated. Studies conducted by the United Nations and the World Health Organisation estimated the FGM rate at approximately 60% among the nation's female population. However, according to local experts, the actual prevalence may be as high as 100% in some ethnic conclaves in the south. While practised in all parts of the country, FGM is more predominant in southern and eastern areas. Women from northern states are less likely to be mutilated; however, those affected are more likely to undergo the severe type of FGM known as infibulation. WOPED believes that the practice is perpetuated because of a cultural belief that uncircumcised women are promiscuous, unclean, unsuitable for marriage, physically undesirable, or potential health risks to themselves and their children, especially during childbirth. The National Association of Nigerian Nurses and Midwives, the Nigerian Women's Association, and the Nigerian Medical Association worked to eradicate the practice and to train health care workers on the medical effects of FGM; however, contact with health care workers remains limited. Nevertheless, most observers agree that the number of women and girls who are subjected to FGM is declining. [3]149

149 Home Office (2002), Country Information and Policy Unit, Nigeria: Country Assessment, October 2002, available at Hhttp://www.ind.homeoffice.gov.uk/default.asp?PageId=186H

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