UPR Sexual Rights Database

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.

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 54) Government has the developed the National Strategic Health Development Plan (NSHDP) 2010-2015. … The only indicator of the first plan that was met in 2015 was the adolescent birth rate which dropped from 126/1000 to 74/1000 adolescent women.
Para 56) The second plan takes a more comprehensive, inclusive and the holistic approach. It is organized along five strategic pillars; … (ii) Increased Utilization of Essential Package of Health Care Services which covers RMNCAH …
Para 57) Further, to improve exclusive breast feeding rate, the Federal Ministry of Health is collaborating with Federal Ministry of Labour and Employment to fast track the implementation of paid extension of paid maternity entitlement from 16weeks to 18weeks and continue advocacy to 24weeks (which is 6months) in line with the resolution of the 59 National Council on Health Resolution.
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.
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 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.
Para 55) CEDAW noted with concern the high rate of maternal mortality, which was partly attributable to the lack of access to skilled midwives and the high number of unsafe abortions, which itself resulted from the restrictive laws that permitted abortions only in order to save a pregnant woman’s life. UNFPA stated that in 2017, the Government had pioneered an innovative initiative to scale up the capacity of midwives.
Para 57) [CEDAW] noted with concern reports of high rates of infertility and miscarriage in Zamfara State owing to lead contamination.
Para 58) [CEDAW] noted with concern the limited use of modern forms of contraception by women and girls, the fact that Nigeria had one of the highest HIV rates in the world, which disproportionately affected women and girls, especially women in prostitution, and the prevalence of malaria.
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 7) WRAHP stated that Nigeria had ratified CEDAW in 1985 but was yet to fulfil its obligations arising from the Convention. JS10 stated that the incorporation of the provisions of the Convention into the national legislative framework through the enactment of the Gender and Equal Opportunities Bill had made little progress.
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 67) JS1 stated that maternal health remained underfunded. Since the Abuja Declaration in 2001, Nigeria had not attained the pledged funding benchmark of 15 percent of the annual budget.
Para 68) JS16 stated that there was a lack of access to adequate healthcare, family planning services, counselling and education for rural women. ADF stated that Nigeria must focus on helping women to get through pregnancy and childbirth safely. Women should be provided with access to knowledge-based education about their bodies, healthy behaviours and responsible decision-making.
Para 69) JS1 stated that the maternal mortality rate had remained high. Accessibility and availability of quality maternal health care had been impeded by the cost of services, the distance to health facilities, and the inadequate and long waiting times at public health facilities. JS10 stated that maternal health had become a major challenge for “community women” in the Niger Delta, who had depended on traditional birth attendants for maternity services. WRAHP stated that untrained traditional birth attendants were responsible for over 35 percent of the deliveries, which contributed to the high rates of maternal mortality.
Para 70) JS1 stated that women and girls in conflict zones had continued to face numerous reproductive rights violations, including child and forced marriage, sexual and gender based violence, unsafe abortions and lack of access to family planning information and services.
Para 71) JS1 stated that access to safe legal abortion and post-abortion care had remained lacking. Abortion laws had remained restrictive and had resulted in clandestine and unsafe abortions. Low contraceptive usage had been a leading and contributing factor to the high rates of unwanted and unplanned pregnancies.
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 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.

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.