Looks good on paper, but still lacks in practice
The Nigerian Constitution has signed several international conventions to promote gender equality and women’s rights. However translating this legislation into real life advancements for women is yet to fully materialize.
As the world celebrates the International Women’s day on the 8th of March, with the theme ‘Inspiring Change’, I am inclined to reflect on the advancement of women’s rights in Nigeria and to consider if there is an environment for inspiration and if change is something to hope for.
Nigeria ranks 106 out of 136 Countries in the Gender Equality Index. According to statistics women make up about 49 percent of the population in Nigeria. This is about 80 million of Nigeria’s estimated 170 million population. This number is a critical mass that cannot be ignored. On the other hand surprisingly, the number of women elected into the National Assembly after the return to democracy in 1999 has remained stagnant between 7-9 percent. Presently, only 24 of the 360 members in the House of Representatives are women and only 7 of the 109 Senators are women.
The protection of the rights of women is still a problematic subject matter. Women are still discriminated against and suffer sexual abuse from fathers, husbands and relatives. Early marriage is still an issue evidenced by a massive campaign held last year against legislators referred to as the #ChildNotBride protest that opposed retaining a clause in the constitution which made it ‘appear’ okay for girls under 18 to be married. Trafficking in women and girls persists as revealed through a recent article published by an online news agency, Premium Times, which revealed high level cooperation and connivance with State machinery for a flourishing trafficking in persons market. Disinheritance of widows and Women’s right to land under customary law is still a big issue. A recent report shows that women make up between 60-70 percent of the work force in rural areas and yet men are five times more likely to own land than women.
Nigeria has adopted several International Conventions that place an obligation on it to protect and promote women’s rights and advancement. A unique piece of legislation that the government has signed and ratified is the Protocol to the Africa Charter on Human and Peoples’ Rights on the Rights of Women in Africa. This instrument takes into consideration the provisions of international instruments on human rights that touch on women’s rights, the need for equality and freedom from discrimination. It however goes further, it contemplates the peculiar circumstances of women in Africa and their vital role in development.
The Protocol therefore provides context specific rights for the Nigeria woman. These include the right to dignity; freedom from harmful practices which negatively affect the human rights of women; equal rights in marriage; equal rights in cases of separation, divorce and annulment; the right to equal protection and benefit of the law; the right to participate in political and decision making process; the right to a peaceful existence and participation in the promotion and maintenance of peace; the right to education and training; equal opportunity in work and career advancement; the right to health, including sexual and reproductive rights; the right to food security; the right to adequate housing; the right to a positive cultural context; the right to a healthy and sustainable environment; the right to sustainable development; widow’s rights; the right to equitable share in inheritance; the right of elderly women to special protection and freedom from violence; the right of women with disabilities to special protection and freedom from violence; the right of women in distress to special protection; and a right of remedy to any woman whose right or freedom has been violated.
The Nigerian government has failed to domesticate this Protocol. It has therefore failed to put in place legislation that will encourage the realization of rights enshrined therein.
As we mark this International Women’s day it is cardinal to remind the government of its obligations and to demand that it fills the legal framework deficit. This is not only fundamental but apposite. It is only in an environment where women are secure and free from discrimination that they can flourish, that change can happen and that young girls will be inspired to hope for a better tomorrow.
* Catherine Angai works for the Open Society for West Africa (OSIWA)
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