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. 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.

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 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 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 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 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 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.

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.

Stakeholder Summary:
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. JS10 stated that there had been a low rate of prosecution for alleged acts of female genital mutilation.

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.