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Women's Anti-Discrimination Committee hears additional comments on Nigerian report, notes need for improvements

02 July 1998

Committee on Elimination of
Discrimination against Women
Nineteenth Session
396th Meeting (PM)

WOM/1066
2 July 1998


Traditional practices decried by members of the Committee on the Elimination of Discrimination against Women only existed in certain areas of Nigeria, and legislation was correcting those elements of traditional practices that were repugnant, that country's representatives told the treaty monitoring body for the Convention on the Elimination of All Forms of Discrimination against Women. There was a misunderstanding of the general situation of women in Nigeria, the Committee was told this afternoon as it concluded its consideration of Nigeria's combined second and third periodic reports. The Minister of Women Affairs and Social Development, Hajo Sani, said she was a widow and had not suffered any of the ills associated with harmful traditions.

One of the Committee's 23 expert members drew attention to the country's political transformation. The transition to democracy was a difficult process, she acknowledged. The arrival of democracy in Nigeria should lead to greater equality between men and women and contribute to women's rights, she said. The situation of women in Nigeria was of particular significance because of the country's size, wealth, large population, and geopolitical situation.

Experts also said that Nigeria's comments about the impact of resource shortages were hard to understand, since it was an oil-rich country, particularly compared with others in the region. Rather than talking about the country's debt burden, the Government should talk about programmes enabling women to sell their crops in the markets. Since Nigeria had so much potential, it could play an inspirational role for other countries.

In her concluding comments, the Committee's Chairperson, Salma Khan (Bangladesh), noted that conditions for women were improving in a number of areas, including their placement in higher level jobs. However, data from the United Nations agencies showed that social development was not getting the attention it required. To illustrate, 42 per cent of marriages involved girls under 16; and only 40 per cent of the population had access to health centres.

The Committee was addressed this afternoon by the following representatives of Nigeria: the Minister of Women Affairs and Social Development, Hajo Sani; the Director, International Organizations Directorate, Ministry of Foreign Affairs, P. Ayewoh; the Director, Family Support Programme, Ministry of Women's Affairs, Safiya Muhammad; and the Legal Adviser, Ministry of Women Affairs, R. Osiji.

The Committee will meet again at 10 a.m. on 6 July, at which time it will take up the combined third and fourth periodic reports of Peru.

Committee Work Programme

The Committee on the Elimination of Discrimination against Women met this afternoon to continue its consideration of the combined second and third periodic reports of Nigeria. (For background information on the report, as well as experts comments, see Press Release WOM/1065 of 2 July.)

Experts Comments

One expert said numerous measures would not work when there was the view that domestic violence did not exist because it was not reported. Both men and women had to be involved in instituting changes, especially where they impacted on family happiness. Vasectomy was seen as a repugnant practice and family planning was purely in the woman's hands, but what else were men willing to do to help there? Also, what were the alternate methods of settling differences? Did they involve the courts?

There were obvious problems for women in Nigeria and it seemed from the report that the government was not aware of the problem of stereotypes, another expert said. There were many areas of concern, such as lack of information on violence against women and problems of widows, and yet the Government recommended that women take up traditional crafts. There was need in Nigeria for political will, for affirmative action and for consciousness-raising.

The report did not provide much information and it was difficult to measure implementation without figures, she continued. The lack of information was disturbing. There had to be accountability from the Government. It had to be transparent. There were many issues not addressed in the report. It was known, for example, that married women were not allowed to be on the police force in Nigeria.

The lack of information was particularly troubling in the area of health, she said. The answers in response to the questions created concern. Nigeria, the wealthiest country in the region, had one of the lowest percentages of government expenditures on health care. It also had one of the worst maternal mortality rates in Africa, and it was a fee-for-service arrangement, which meant poor women had no access to care related to childbearing.

Furthermore, she said the absence of spousal rape being designated as a crime indicated that women had no right to refuse spousal sex. That situation, combined with polygamy and prostitution, meant that Nigerian women were at extremely high risk of diseases, such as HIV/AIDS. That was an issue of concern to those in the women's community opposing discrimination, particularly since Nigeria's human rights record had already been brought into question by the Human Rights Committee.

The Committee had been told that with increased education, oppressive traditional practices had changed, but rural women had yet to reap those benefits, an expert said. This was a matter of concern, since 70 per cent of Nigerians lived in rural areas. Were programmes in place to educate rural women and ensure that they were not subjected to inhuman practices? she asked.

Vasectomy was considered "un-African" by many African men, she noted. What other forms of contraceptives were men using and at what rates? Were men targeted in family planning programmes? Could women choose to use contraceptives, or was male consent needed to attend family planning clinics? she asked.

Another expert drew attention to Nigeria's extremely high rate of maternal mortality. What programmes were in effect to address this problem? she asked. She also asked what was being done to address the low rate of girl enrolment in secondary school, and stressed the importance of high-level regional consideration of the ways to develop a culture of peace. Without peace there was no development, she added.

Regarding economic factors, it was noted that in periods of structural adjustment, programmes were needed to mitigate against short-term negative social effects. Reference had been made to Nigeria's economic resources, but the Committee felt such comments were difficult to understand in view
of the way Nigeria compared economically to other countries in the region.

Since Nigeria had so much potential, it could play an inspirational role for other countries, she continued. The transition to democracy was a difficult process, but she hoped that the arrival of democracy would lead to greater equality between men and women and contribute to women's rights.
Experts on the Committee who had lived first in dictatorships and then in democracies had first-hand experience in moving from second-class to first-class citizens, with equal status to men.

The situation of women in Nigeria was of particular significance because of the country's size, wealth, large population, and geopolitical situation, an expert said. It could be difficult to obtain information about such a large country; will, methodology, economic and human resources were all required. The Committee would have liked to see more information about the actual situation of women in Nigeria, to assess how the situation of women had changed since the initial report.

Women always suffered from violence and were victims of exploitation and prostitution, it was noted. Governments should implement programmes and measures -- at all levels -- to comply with article 6 of the Convention, on suppression of the traffic in and prostitution of women. More information was needed on the content and implementation of laws penalizing the trafficking of women. It seemed that prostitution was viewed as a threat to society; it did not seem that responsibility was being shouldered for ensuring that women's rights were not violated under article

More information on women involved in prostitution was needed, such as their access to health care, and the consequences of rape of prostitutes, the expert continued. Sociological data on these women was needed. What measures were being used to stop people from getting involved in
trafficking? she asked.

One expert noted that the Government had made positive steps to implement article 7 related to the role of women in political and public life. The thinking about women's involvement in politics was the hardest to change. The Government should take affirmative action in that regard. Also, while
education for girls had increased, education thinned out towards the top.

At the university level, enrolment was only 27 per cent, which was low. All such data had to be looked at. Another expert said the coexistence of legal, customary and Islamic law in the country had great implications for health. In the area of the family, things were positively dangerous from the women's point of view. There was not only the practice of female genital mutilation, but there
were traditional measures for treatment and prevention of sexually associated diseases. Also to be changed were the inhumane practices regarding widows, some of which caused them to turn to prostitution. If there was to be any respect for the Convention, those traditions had to be
changed.

It would be important to know the status of proposed changes to Nigeria's law and when they would be implemented, an expert said. Further, Nigeria's legal system was greatly complicated by the three forms of law that were accepted, the legal, the traditional and the Islamic. Also, nothing was
mentioned about a national programme for educating women. Rather than talking about the country's debt burden, the Government should talk about programmes enabling women to sell their crops in the markets, for example. Those should be priority issues that would help rural women.

The Nigerian Government should put more resources at the disposal of the national machinery for advancing the equality of women, still another expert said. Among both men and women, there were adverse effects to stereotyped thinking about gender roles. It hampered the individual
development of both men and women, and of the country as a whole. The Ministry for Women should not be just a nominal one but a true one. Nigeria had an ambitious programme for the equality and well-being of women and it should be implemented.

An expert said that without integrated and concerted efforts for change, the Convention was not being implemented, despite the fact that Nigeria had not registered any reservations.

Statements

HAJO SANI, Minister of Women Affairs and Social Development, said her delegation had noted the comments and questions mentioned by the Committee. On the question of ratification without reservations, the very fact that Nigeria had ratified the Convention indicated its commitment to compliance.

On questions raised about the need of women to obtain permission from men before leaving the country, she stressed that this was out of mutual respect for marriage as an institution. When leaving the country, a wife informed her husband, to enable him to take care of family responsibilities
in her absence. It was not that the husband could stop the wife from going. Women in Nigeria were not subjected to such domination and control.

The Committee should appreciate the frank presentation of women in Nigeria, she said. The country had over 100 million people; the issue of getting accurate data had to take that fact into consideration. The Federal Ministry of Statistics was doing everything possible to provide
adequate data on issues, particularly on women and children.

An expert had emphasized data collected by a non-governmental organization (NGO), she said. The Committee should know that Nigeria accepted its inability to provide adequate data as a result of its population and geographical considerations. The fact that statistical
information was lacking reflected the importance the Government attached to accuracy, which had not been evident in data hurriedly provided by NGOs.

P. AYEWOH, Director, International Organizations Directorate, Ministry of Foreign Affairs, said the Convention described an ideal which was, realistically, almost impossible to obtain, despite ongoing efforts in that direction. The discussion today indicated a misunderstanding of the
general situation in Nigeria. The current situation should improve year by year. Any apparent non-compliance was due to circumstances. Cultural practices would take time to overcome.

Ms. SANI said she was a widow and had not suffered any of the ills described. The practices existed in certain areas of Nigeria but not where she lived. That was why there was reason to believe the practices would eventually die out.

SAFIYA MUHAMMAD, Director of the Family Support Programme of the Ministry of Women Affairs, said that in relation to health and education, the data reported to the Committee were based on studies done years ago. Since then, many health centres had been set up. The maternal mortality rates were not available at the moment, but it was known they were improving.
That was due to increases in mobile clinics and other health delivery mechanisms. With regard to education, she said there were two schools in every state, one for girls and one coeducational. Spousal rape was unfortunately a very intimate issue that people rarely reported. Nigeria was a multi-ethnic country and the extended family played an important role in the social life of the people and an important part in solving conflicts. Domestic violence was properly taken care of by the extended family.

She was surprised to hear the charge that Nigeria had not spent money on health since 1987, she said. There was a budget for health care every year. Women and children had special needs, and the Government was doing what it could to meet them.

R. OSIJO, Legal Adviser of the Ministry of Women Affairs, said that perhaps there was no law regarding violence against women, but there were provisions in the criminal code women could avail themselves of, for example, under the crimes of assault or battery. The issue on violence
against women did not have to be legislated separately; it was not a foreclosed issue, however. With regard to the Human Rights Commission, the allegations of several years ago were not supported by data. It was clearly stated in the Constitution that no person shall be tortured or held
in slavery, nor be required to perform compulsory labor.

On the issue of ownership of property, she said that as had been stated, three forms of marriage were recognized in Nigeria. If a woman married under the Marriage Act, she could avail herself of the property laws of Nigeria. If she married under the other two laws, the conditions depended
on those circumstances. Legislation was obviously stepping in to correct elements of traditional practices that were repugnant.

Ms. SANI said her Ministry was committed to submitting a fuller report next time.

The Chairperson of the Committee, SALAMA KHAN (Bangladesh), said Nigeria's report had complied with the requests of the Committee. It had been lacking in statistical data, but the Committee's comments should in no way be taken as criticism. Rather, the comments were intended as an exchange to identify obstacles and challenges, which a country could then
address.

The pre-sessional committee had posed a large number of questions because it had found the report interesting, she said. It was commendable that Nigeria had ratified the Convention without reservation and that a bill was being introduced to enable pursuit of redress in the event of
women's rights being violated. But there were problems, including the non-protection of married women from rape and the deep-rooted traditions that were so difficult to deal with.

A multi-pronged attack on such practices was needed, she said. Nigeria, as an oil-rich country, had the resources to attack the problem. Sensitizing and consciousness-raising programmes should be developed. The customs could not be explained away by religion. The promotion of polygamy as a way of curbing prostitution was disturbing.

It was understood that Nigeria was a large country but it also had resources, she said. The delegation seemed committed to fighting discrimination against women. It was certain that the discriminatory legislation would be amended. But the traditional practices had to be changed and the data on education was disturbing with regard to that.

Nigeria's report itself stated that education was essential for changing the cultural thinking about such practices, she said. Yet, education for girls was not compulsory in Nigeria and girls were often withdrawn from school for marriage. With Nigeria's wealth, there was nothing to prevent
it from providing free education for its girls.

Likewise, as data from the highly reliable United Nations agencies showed, the social development factor was not getting the necessary attention in Nigeria, she said. This data included such statistics as the maternal mortality rate being 141/1000, and child mortality rate 191/1000.

It showed that 42 per cent of marriages took place involving girls well under 16 and that only 40 per cent of the population had access to health centres.

However, the de facto situation of women was improving, especially in the areas of higher level jobs and projects to promote development of rural women. Still, Nigeria should spend 2 to 4 per cent of its budget on health care, not the 0.8 it was presently spending.