UPR Sexual Rights Database

National Report:
Para 13) In specific context, the vision provides, among others, a strategic framework for guaranteeing the well-being and productivity of Nigerians including eradication of extreme poverty ... promotion of gender equality and empowerment of women ...

Para 14) Nigeria is committed to ensuring that respect for all persons irrespective of race, class, disability or gender is guaranteed. Gender equality and women empowerment are basic human rights that form part of Nigeria's Vision 20:2020 and the Transformation Agenda of Government. The strategy adopted in the blueprint for promoting gender equality and women empowerment is by systematic gender mainstreaming in all policies and programmes of government, through the incorporation of the principles laid out in the newly revised National Gender Policy, national laws and other regional and international human rights instruments that support gender equality and women empowerment. There are various gender related bills, currently pending in the National Assembly and government is deploying resources to expedite their passage into law.

Para 114) The Government has put in place policies and measures to eradicate illiteracy through the provisions of qualitative education for Nigerians at all levels. The measures include: institutionalization of the Early Childhood Care Development and Education programme; completion of 80 Tsangaya schools in order to integrate formal educational programme into the quranic school system and the launching of the National Campaign on Access to Basic Education to reduce the number of out of school children; establishment of 12 new universities to enhance access to a federal university in each state of the federation; construction of special girls' schools in 13 states of the federation to improve Girls' Education Programme; establishment of Special Education Intervention Fund of which, the sum of N36 billion has been disbursed to the 36 states and Federal Capital Territory in 2012; establishment of the Tertiary Education Trust Fund (TETFund) in 2011 for the provisions of infrastructure and related facilities of which, N76.7 billion has been disbursed to tertiary institutions; refurbishing 352 science and technical laboratories in 104 Federal Unity Colleges. Government has awarded a total of 101 Presidential Special Scholarships for Innovation and Development (PRESSID) for training in top 25 universities in the world in 2012.

Para 115) Government purchased and distributed instructional and library materials on core subjects to all primary 6 students in public schools, supported the Nomadic Education Programme by constructing and equipping of Nomadic Education Model Centres in grazing reserves; training of 28,000 public primary Head Teachers and support for Girls education Projects.

Para 117) Government is implementing a programme known as the Girl's Education Project (GEP) designed to enhance girl's enrolment and retention in school using strategies such as the Students' Tutoring, Mentoring and Counselling (STUMEC), School Based Management Committee (SBMC), School Based Teacher Development (SBTD) and the Pedagogy Module and Core Subjects Modules.

Para 118) Through the Girls' Education Project, Government embarked on advocacy, sensitization and mobilization programmes which have led to significant increase in the enrolment of girls into public primary schools and junior secondary schools in the educationally disadvantaged states in the federation.

Para 120) There are laws in some states of the federation for retention of girls in school and prohibiting the withdrawal of girls from school for marriage.

National Report:
Para 68) The Government has established a National Agency for the Prohibition of Traffic in Persons (NAPTIP) with a mandate to combat human trafficking, protect, assist and give vocational training to trafficked persons.

Para 69) Government has also taken preventive measures against human trafficking through public enlightenment campaigns involving the Police, NAPTIP, some diplomatic missions, State governments, NGOs and other stakeholders.

National Report:
Para 26) Section 34 (1) (a) of the Constitution protects the dignity of human person by stating that every individual is entitled to respect to the dignity of his or her person and accordingly no person shall be subjected to inhuman or degrading treatment. Nigeria has implemented this recommendation through the enactment of the Violence against Persons (Prohibition) Act 2015(VAPPA). This Act eliminates violence in private and public life; prohibit all forms of violence including physical, sexual, psychological, domestic violence; harmful traditional practices; discrimination against persons and provide maximum protection and effective remedies for victims and punishment of offenders.
Para 38) Section 34 (1) (a) of the Constitution protects the dignity of human person by stating that every individual is entitled to respect to the dignity of his or her person and accordingly no person shall be subjected to inhuman or degrading treatment. In addition, the following legislative measures aim at combating harmful cultural practices. Legislative measures: (a) Violence Against Persons (Prohibition) Act 2015; (b) … (d) Prohibition of Child trafficking by the Trafficking in Persons (Prohibition) Law Enforcement and Administration Act 2015;
Para 98) The challenges contained in the second cycle UPR report remain the same, though the current federal and state governments are working very hard to overcome these challenges and several reforms and initiatives are yielding positive results. Some of the main challenges are: … (e) Difficulties in breaking through entrenched mind set on harmful traditional practices affecting the human rights of women and children.

UN Compilation:
Para 8) Referring to the relevant recommendations from the previous review, the United Nations country team stated that Nigeria had given effect to some of its treaty obligations by adopting … the Violence against Persons (Prohibition) Act (2015).
Para 48) [CEDAW] was also concerned that no specific measures had been taken to eradicate polygamous relationships.
Para 65) The Special Rapporteurs on health, on sale of children and on slavery noted that the Violence against Persons (Prohibition) Act prohibited all forms of violence and criminalized marital rape, female genital mutilation, forceful ejection from home and harmful widowhood practices. The Special Rapporteurs recommended that Nigeria ensure that the Act was adopted in those states that had yet to do so.
Para 67) Referring to the relevant recommendations from the previous review, the United Nations country team stated that the Violence against Persons (Prohibition) Act prohibited female genital mutilation, which had been banned in 12 of the 36 states. The country team considered the implementation of those recommendations to be ongoing.

National Report:
Para 108) In the area of HIV/AIDS control:
a) The Federal Government in 2012 signed the implementation plan for the framework partnership with the United States Government and commenced the decentralization of ART services to the primary health care level. The Ministry of Health is an implementing partner under the Global Funds Round 8. Under this grant, PHC health workers are being trained on voluntary counseling and testing, prescription and administration of anti-retroviral drugs and general care of persons living with HIV/AIDS.

b) In the same vein, the Primary Health Care is domiciled in the agency. The project is a vehicle designed to take HIV/AIDS control to PHCs across the country. Health facilities that are not being covered under the GLOBAL fund project are being covered by the PHAID project. Recently PHC staff in 18 States of the Federation were trained on various aspects of HIV/AIDS management (data management, laboratory diagnosis, integrated supportive supervision, management of opportunistic infections associated with HIV).

c) In July 2013 (15th-16th), the Federal Republic of Nigeria hosted the Abuja and 12 special summit of the African Union on HIV/AIDS, Tuberculosis and Malaria where President Goodluck Jonathan launched the President's Comprehensive Response Plan (PCRP), increasing domestic funding to accelerate the implementation of key interventions with respect to HIV/AIDS.

Stakeholder Summary:
Para 10) JS8 stated that … Nigeria had continued to allow the violation of the rights of the LGBT population, despite its obligations to protect those rights arising from several international human rights conventions to which it was a party.
Para 11) JS5 recalled that Nigeria had not supported any of the recommendations from the previous review that inter alia related to the repealing of those laws that discriminated based on sexual orientation and gender identity.16 Certain provisions in the Criminal Code, Penal Code and the National Law and Drug Enforcement Act had disproportionately affected gay men, … The Same Sex Marriage (Prohibition) Act had negative consequences beyond the deprivation of marriage rights for gay men and women. JS5 stated that, under Sharia law the penalty for homosexuality was death. The Violence against Persons (Prohibition) Act of 2015, had done little to protect gay men, female sex workers and intravenous drug users as vulnerable populations. AFA stated that the Act was yet to be incorporated into domestic legislation in all states.
Para 12) JS8 stated that expansive provisions of the Same Sex Marriage (Prohibition) Act had served to codify homophobia and transphobia. JS12 stated that the Act, which generally criminalized same sex relationships, had created additional criminal offences that targeted persons based on their sexual orientation. JS8 stated that the Act had effectively legalized discrimination and had allowed people to act with impunity. Since its enactment there had been an increase in crimes and human rights violations against LGBT persons and their defenders. JS13 stated that the Act and other discriminatory laws had been used to subject the LGBT community to violations including invasion of privacy, assault and battery, black mail and extortion, denial of access to amenities and education.
Para 13) Referring to a relevant study, JS12 noted a significant increase in fear in seeking healthcare services by men who had sex with men after the enactment of the Same Sex Marriage (Prohibition) Act (2014). JS13 stated that sections 5(2) and (3) of the Act had hindered access to Anti-Retroviral Vaccines, HIV testing and counselling services. JS8 stated that LGBT persons had experienced difficulties in accessing health care services. The denial of such services would have a negative impact on Nigeria’s progress towards HIV eradication.
Para 15) JS5 stated that gay men, … had experienced significant discrimination, influenced by traditional culture as well as religious moral values.
Para 64) JS13 stated that LGBT persons had been subjected to forced, violent and arbitrary evictions.
Para 75) JS8 stated that homophobic bullying in schools had proven to be a serious impairment to adequate access to education. There had also been a failure to provide comprehensive and inclusive education on sexual orientation and gender identity in schools.