UPR Sexual Rights Database

National Report:
Para 24) The executive arm of government has engaged with the Principal Officers of the National Assembly and State Houses of Assembly with a view to accelerating the process of passing into law all human rights-based bills.

Para 25) The Government is making efforts to ensure the enactment into law pending human rights related bills before the National Assembly within the tenure of this administration as a demonstration of its commitment to the promotion and protection of human rights in Nigeria.

Stakeholder Summary:
Para 1) NHRC stated that since its Universal Period Review, Nigeria has acceded to and/or ratified key human rights instruments. However, most of these treaties were yet to be enacted into domestic legislation.

National Report:
Para 24) Nigeria had enacted the following laws to incorporate the international human rights instruments to which Nigeria is a party: (a) Violence Against Persons (Prohibition) Act, 2015 (VAPP);
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;
Para 64) Section 42 of the Constitution guarantees and protects the rights of women from discrimination. Under section 46 (1) of the Constitution, women who are victims of violence and discrimination may apply to a High Court for redress by way of fundamental rights enforcement proceedings in the event of the application of any law that allows violence and discrimination against them. In addition, government enacted the Violence Against Persons (Prohibition) Act.
Para 65) The Act seeks to eliminate violence in private and public life, prohibit all forms of violence including physical, sexual, psychological, domestic, harmful traditional practices, discriminations against persons and to provide maximum protection and effective remedies for victims and punishment of offenders. Under the ACJA, women can now stand as sureties for any applicant or defendant for the purpose of admitting the person to bail. Hitherto this was not possible.

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 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.
Para 69) UNFPA stated that the humanitarian emergency in insurgency-affected states in north-east Nigeria had significantly impacted on the lives of women and girls with increased displacement, threats of and exposure to gender-based violence, challenges obtaining and utilizing life-saving services and rising incidence of domestic violence. The Government had established a gender-based violence coordination mechanism to address those issues.
Para 70) The Special Rapporteurs on health, on sale of children and on slavery stated that, while all women and girls who experienced sexual violence during the insurgency faced stigmatization, the stigma and rejection from families and communities was greater for those who were perceived to have been associated with Boko Haram as abductees, those living in Boko Haram controlled areas or those who had been compelled and forced to become “wives” of Boko Haram insurgents. Often referred to by communities as “Boko Haram wives” or “Sambisa women”, they were shunned and marginalized, even in camps for internally displaced persons.
Para 72) [CEDAW] was concerned that section 55 of the Criminal Code permitted wife battery as chastisement as long as no grievous bodily harm was inflicted.

Stakeholder Summary:
Para 77) Referring to relevant supported recommendations from the previous review, JS1 stated that in 2015, the laws on gender-based violence had been consolidated into the Violence against Persons (Prohibition) Act, 2015, which broadly covers physical, psychological, economic, and sexual violence, including rape, as well as harmful traditional practices. However, the Act was only in force in the federal capital and that several states did not have specific laws prohibiting sexual and gender based violence. Moreover, Section 55 of the Penal Code, which was in force in the North, specifically allowed husbands to discipline their wives.
Para 78) WRAHP stated that domestic violence and gender-based violence had been on an increase and that the relevant authorities had not given adequate attention to the issue. JS16 stated that domestic violence remained underreported for reasons that included the existence of a culture of silence and the turning away of victims at police stations on the grounds that such a matter was a family affair.
Para 83) CITAD expressed concern by the persistent threats, harassments, intimidations and attacks on women internet users. It expressed alarm by the failure of the government to protect women from gender-based violence on line.

National Report:
Para 60) Section 42 (1) of the Constitution prohibits discrimination on the basis of gender by stating that a citizen of Nigeria of a particular sex. Similarly, section 17 (3) (e) of the Constitution provides that there is equal pay for equal work without discrimination on account of sex, or on any other ground. The Gender and Equal Opportunities Bill seeks to ensure equal opportunities and treatment of women and men.
Para 62) The Government of Nigeria is committed to guaranteeing equal access to political, social and economic opportunities for women and men. Consequently, government has established the lead national and state gender machineries; the Federal Ministry of Women Affairs and Social Development and Ministries of Women Affairs in the 36 States and the Federal Capital Territory. Government has also embarked on numerous programmes to boost women’s economic empowerment. Some of these are: Business Development Fund for Women (BUDFOW) and National Women Empowerment Fund.
Para 63) The Federal Ministry of Women Affairs and Social Development, in partnership with the Central Bank of Nigeria (CBN) and the Bank of Industry (BOI) have provided financial empowerment to women through their various initiatives, such as Micro, Small and Medium Enterprises Development Fund as well as the Agricultural Financing Scheme.

UN Compilation:
Para 12) CEDAW expressed concern that the prohibition of discrimination in section 42 of the Constitution did not comprise a comprehensive definition of discrimination in line with article 1 of the CEDAW.
Para 14) Referring to the relevant recommendations from the previous review, the United Nations country team noted that in March 2016, the eighth Senate had rejected the Gender and Equal Opportunities Bill and that a revised version of the Bill was currently under consideration. The country team considered the implementation of those recommendations to be ongoing.
Para 39) The Special Rapporteur on minority issues was concerned that, despite the relevant role played by women, particularly minority women, in civil society initiatives, during her visit in 2014, she had encountered hardly any women participating in Government and political leadership. Para 40) CEDAW remained concerned that women were still underrepresented in the National Assembly, in senior leadership positions in the diplomatic service and at the ministerial level. ….
Para 41) The Special Rapporteur on minority issues noted that minorities, particularly minority women, were poorly represented in political life at all levels, especially in state and local governments.
Para 51) [CEDAW] noted the efforts to promote women’s economic empowerment and social welfare, including through the adoption of the Social Insurance Trust Fund Act, in 2012, and the Pension Reform Act, in 2014.

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 51) … JS16 stated that, despite several efforts, the legislation for gender equality in political participation had not been followed-up by any effort for implementation.
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.