UPR Sexual Rights Database

UN Compilation:
Para 28) The Special Rapporteurs on health, on sale of children and on slavery noted that Boko Haram had used widespread abductions of girls and boys as a part of its insurgency strategy.
Para 47) CEDAW was concerned that while sections 218 and 357 of the Criminal Code protected girls under 13 years of age from forced sexual intercourse, section 6 excluded the applicability of those provisions to girls of the same age in customary law marriages.
Para 74) In 2017, the Secretary-General stated that Boko Haram had used children in direct hostilities and as human shields to protect its elements during military operations. Many children had also been subjected to forceful religious conversion and forced marriage and used for sexual purposes. The Special Rapporteurs on health, on sale of children and on slavery stated that girls had been subjected to sexual violence and used as sexual slaves by insurgents, which had resulted in many becoming pregnant.

Stakeholder Summary:
Para 47) JS3 stated that although Nigeria supported a recommendation from the previous review to protect children from forced conversion, such a practice had continued, particularly in Shari’a states, where non-Muslim girls had experienced abduction, forced conversion and forced marriage. Local Islamic institutions through the enforcement of traditional rules had often been complicit in those violations.

National Report:
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 46) CEDAW was concerned that, under section 26 (2) (a) of the Constitution, Nigerian women married to foreign men could not transmit their nationality to their husbands, unlike Nigerian men married to foreign women. It was also concerned that section 29 (4) (b) on citizenship renunciation legitimized child marriage, as it recognized any woman who was married to be of full age for the purposes of renunciation of citizenship.
Para 47) CEDAW was concerned that while sections 218 and 357 of the Criminal Code protected girls under 13 years of age from forced sexual intercourse, section 6 excluded the applicability of those provisions to girls of the same age in customary law marriages.
Para 48) [CEDAW] was also concerned that no specific measures had been taken to eradicate polygamous relationships.
Para 49) [CEDAW] remained concerned about discriminatory provisions in the Labour Act (1990), the Factories Act (1987) and the Police Regulations (1968), which prohibited the employment of women in night work and the recruitment of married women to the police and required women police officers to make a written request for permission to marry.
Para 73) [CEDAW] was concerned that women owned less than 7.2 per cent of the total land mass in Nigeria and that their land rights in rural areas were not guaranteed.

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.
Para 76) JS15 stated that Nigeria had failed to address traditional practices that had hampered gender equality. Discrimination started even before the birth of a girl. Education of boys had been prioritised over that of girls and girls were denied the right to inherit property.
Para 79) JS13 referred to relevant supported recommendations from the previous review and stated that although there had been enactment of progressive laws, harmful gender norms, cultural practices and discriminatory laws had persisted. In several communities, women had been barred from owning immovable property or from renting a house.

National Report:
Para 60) Since the establishment of the Federal Ministry of Women and Social Development and its equivalents in the States, efforts have been made to consolidate and strengthen policies and programmes which will eliminate violence against women and provide support for victims. A product of these efforts is the Violence Against Persons Bill being considered in the National Assembly.

Para 62) 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. Nigerian courts have on several occasions declared null and void all laws and customs that are not in the spirit of the Constitution in this regard.

Para 64) The Federal Ministry of Women Affairs and Social Development is engaged in continuous advocacy to legislators, policy makers and other stakeholders on the imperative to pass the CEDAW bill currently pending before the National Assembly. Government has taken necessary steps also to engage traditional and religious leaders on the importance of eradicating negative cultural practices from their communities. Some States of the federation have passed laws eradicating some of these practices, including Female Genital Mutilation and harmful widowhood rights.

Para 65) Various actions are being taken, including strengthening of laws and policies as well as their implementation, strengthening of human resources and police institutional reforms to eradicate negative cultural practices at the Federal and state levels.

Para 66) Nigeria in its efforts to improve the rights of women and ensuring that all administrative and policy bottlenecks that hinder women from exercising their rights as guaranteed under the 1999 Constitution of the Federal Republic of Nigeria and other international instruments of human rights, adopted a Gender Policy by approving the establishment of Gender Desks in all Ministries, Departments and Agencies of government with a view to mainstreaming gender issues in all their activities.

Para 67) The National Orientation Agency organizes sensitization programmes for the public on the harmful effects of traditional practices against women, especially widows. Government will continue to intensify efforts to raise awareness as well as disseminate information on the value of human rights among traditional and religious leaders in order to curb negative traditional practices.

Para 73) ... The Akwa Ibom State Government has passed a law abolishing the stigmatization of any child in Akwa Ibom State as a witch: following this, several people found violating this law have been arrested.

Stakeholder Summary:
Para 53) JS 2 stated that while there was no legislation at the federal level prohibiting female genital mutilation or cutting (FGM), a number of states have adopted legislation in this regard. However, enforcement of this legislation has been a challenge.