UPR Sexual Rights Database

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 ... 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.

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 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.
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 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 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.

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 11) … JS5 stated that, under Sharia law the penalty for homosexuality was death.18 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 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 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 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 80) PRAWA stated that female genital mutilation was a common practice in many states in Nigeria. Such a practice was an abuse of the rights of victims to reproductive health and in severe cases could lead to their death. The Violence against Persons (Prohibition) Act (2015) recognizes female genital mutilation as an offence. However, according to PJ, the legislation had not been effectively implemented.

National Report:
Para 24) Nigeria had enacted the following laws to incorporate the international human rights instruments to which Nigeria is a party: … (d) HIV/AIDS (Anti-Discrimination) Act 2014;

UN Compilation:
Para 58) [CEDAW] noted with concern … 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.

Stakeholder Summary:
Para 14) While noting the enactment of HIV/AIDS (Anti-discrimination) Act, 2014, which aimed to protect the rights and dignity of all persons living with and affected by HIV, JS12 stated that discrimination against and violation of the rights of people living with HIV had persisted.