UPR Sexual Rights Database

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.

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.

National Report:
Para 101) Government has also articulated effective policies, guidelines and interventions which are harmonized within the National Strategic Health Development Plan (NSHDP 2010-2015). Within the NSHDP, a number of specific intervention programmes have been articulated and are being implemented to scale up the attainment of MDGs 4 and 5. The interventions are the following: Campaign on Accelerated Reduction on Maternal Mortality (CARMMA) to create awareness on promoting maternal and child health, Institutionalization of Bi-annual Maternal Newborn and Child Health Week for improving MNCH services, establishment of the IMNCH-MDG Budget line, Global London Summit July 2012 on Family Planning during which the Government of Nigeria increased its commitments by 300% on funding family planning programme, Child survival programme under which government has resolved to develop a National Roadmap that will guide actions for reducing child mortality to at most 20/1000 live births by the year 2035.

Para 102) Government has further made concerted efforts through various health related projects and programmes such as National Health Insurance Scheme (NHIS), the saving of one million lives initiative which was launched in October 2012, the SURE-P MCH which is a conditional cash transfer programme designed to assist women to receive adequate health care services during pregnancy, child birth and delivery, procurement and distribution of Emergency Obstetrics drugs namely Magnesium Sulphate and Misoprostol, while capacity building initiatives are ongoing for skilled birth attendants on life saving skills on MNCH interventions.

Para 103) Government has revised the following policies and guidelines in line with emerging Global Maternal Newborn and Child Health issues to bolster the national health system. The policies and guidelines include: Revised National Reproductive Health Policy, 2010; Reproductive Health Commodity Security Strategic Plan, 2011-2015; Strategic Framework on Obstetric Fistula, 2011-2015; Modified Life Saving Skills (MLSS), Life Saving Skills (LSS), Expanded Life Saving Skills (ELSS); National Family Planning/Reproductive Health Services Protocols and Policy guidelines and Standards of Practice in line with WHO 2008 MEC; Training Manual on the use of Magnesium Sulphate in the management of eclampsia and the use of Misoprostol for the management of postpartum hemorrhage; Family Planning training manual for physicians and Nurse Midwives; Child health Policy under review; Integrated Management of Childhood Illness; Community Integrated Management of Childhood Illness; Guidelines and Training Manual for Community Management of Acute Malnutrition; Infant and Young Child Feeding Policy and guideline; Integrated Community Case Management; Essential Newborn Care Manual and Programme management Modules for MNCH programmes.

Para 104) In 2009, eight (8) rounds of Polio Campaigns were conducted and many children under five (5) years were vaccinated with OPV; 2,630 midwives were deployed to the 36 states of the Federation under the Midwives Service Scheme which consists of 249 clusters with 1,000 Primary Health Centres and General Hospitals as referral centres surrounded by 4 Primary Health Centres; Routine Immunization Vaccines and Cold chain rehabilitation systems were procured and distributed; HIV/Cancer Research Centre was established at the National Hospital, Procurement and distribution of ACTs, LLITNs and Integrated Vector Control through IRS and the use of Larvicides; Maternal and Child Health Project was implemented in 11 states of the Federation in which 11,115,725 pregnant women and children under five (5) accessed the services; 48 VVF Surgeons were trained; and 6 Sickle Cell Centres were established in 6 Federal Medical Centres.

Para 105) In 2010, Four (4) rounds of maternal and neonatal tetanus campaigns were conducted and about 15,313,604 women of child bearing age were vaccinated; 40 General Hospitals with 160 Primary Health Centres were connected with ICT, 1,370 midwives were deployed to 36 states of the Federation; 500,000 mama kits were procured and distributed under the Emergency Life Saving Scheme (ELSS) and 163 medical officers were trained; Procurement and distribution of routine immunization Vaccines and Cold chain rehabilitation; 8,252,000 doses of BCG, 6,566,400 doses of DPT, 14,000,010 doses of TT and 10,500,000 doses of HBV were procured; Procurement and distribution of ACTs, LLITNs and Integrated Vector Control through IRS and the use of Larvicides.

Para 110) ... The NHIS - MDG/MCH project which is currently running in twelve states of the Federation ensures the provision of free health services to pregnant women and children under the age of five. The Community Based Social Health Insurance (CBSHI) which is a form of private health insurance designed for rural dwellers and people in the informal sector was launched in 2011 by Mr. President. Some states in Nigeria have passed laws making it mandatory for all health facilities to report any maternal death when it occurs.

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.

UN Compilation:
Para 3) In 2012, Nigeria reported in follow-up to the concluding observations of CEDAW, that the Convention was yet to be incorporated into national law, but that there were ongoing consultative efforts to pave the way for such incorporation.

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.

Para 12) HRAN referred to those recommendations in paragraph 103.2 of the Report and stated that a number of human rights bills including the Gender and Equal Opportunities Bill ... remained pending before the National Assembly.

Para 15) DD stated that Nigeria was a party to ICESCR and CEDAW but that those instruments were yet to be incorporated into national law.