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Summary: A compilation of extracts featuring child-rights issues from the reports submitted to the first Universal Periodic Review. There are extracts from the 'National Report', the 'Compilation of UN Information' and the 'Summary of Stakeholder's Information'. Also included is the final report and the list of accepted and rejected recommendations.
Nigeria - 4th Session - 2009 9th February 2009, 2.30pm - 5.30pm Scroll to: Summary of Stakeholder compilation Accepted and rejected recommendations 12. The Child Rights Act, 2003, domesticates the United Nations Convention on the Rights of the Child and that of the African Union Charter on the Rights and Welfare of the Child, guaranteeing the survival, development and protection of children. It also gives muscle to legislation by States in the country in aspects relating to child protection such as the prohibition of: child hawking; child begging; child trafficking; all forms of child labour, sexual and economic exploitation of children; harmful traditional practices affecting children (such as child marriage and betrothal); withdrawal of children from schools for hawking or begging or marriage, female genital mutilation (FGM). The Anti-Trafficking Act 2003, as amended in 2005 (NAPTIP Act), seeks to protect women and children especially as victims of trafficking and other forms of exploitation. 13. The following national policies aim at ensuring the effective realisation of the rights of women and children in Nigeria: National Strategic Framework and Plan of Action for VVF Eradication in Nigeria, 2005-2010; National Policy on Food and Nutrition 2001; National Policy on Education 1999 revised 2004; National Policy on Child and Maternal Health 1994; National Child Policy 2007 and Strategic Plan of Action/Implementation Framework 2007/08; National Policy and Guidelines on Gender in Basic Education, 2007; National Plan of Action and Guidelines on OVC 2007 etc. 14. Further, the provisions of the National Gender Policy 2007, National Reproductive Health Policy and Strategy 2001, National Policy on HIV-AIDS 2003, National Policy on Health 1998 and 2004, the National Policy on the Elimination of FGM 1998 and 2002, National Adolescent Health Policy 1995, National Policy on Maternal and Child Health 1994, constitute the key policy frameworks that seek to promote the survival, development, protection and participation rights of women and children to achieve quality reproductive and sexual health in Nigeria. In addition, Nigeria is also in the process of adopting the AU Convention on Internally Displaced Persons. Women and children are the most vulnerable group during crisis leading to mass evacuation and rehabilitation of displaced persons. 20. The National Policy on Education (2004) provides for the following: early childhood/pre- primary education; primary education; secondary education; mass literacy, adult and non-formal education; science, technical and vocational education; tertiary education; open and distance education; special education; educational services; planning, administration and supervision of education; financing education. The Strategy for the Acceleration of Girls’ Education in Nigeria seeks to achieve gender parity in access to, retention, completion and achievement in basic education by 2015. Significant progress has been recorded all over the country. 29. The following treaties have been made into national law (domesticated) in accordance with section 12 of the Nigerian Constitution: the African Charter on Human and Peoples’ Rights; the Geneva Conventions of 1949; the United Nations Convention on the Rights of the Child (CRC) and African Union Charter on the Rights and Welfare of the Child (AUCRWC). 52. The United Nations Convention on the Rights of the Child and the African Charter on the Rights and Welfare of the Child have been domesticated by the National Assembly as the Child Rights Act (2003). The number of States that have passed parallel children rights laws has grown from one to 21 since the last CRC’s mission to Nigeria, while the remaining States are at various stages of passing it. President Umaru Yar’Adua, in his address to Nigerian Children at the 2008 Children’s Day Celebration on 27 May 2008, urged the remaining states to pass the law in the interest of promoting the welfare of the Nigerian child, and meeting our international obligations. 53. Recently, Nigeria was shocked by the report of the activities of a leader of one religious cult in Akwa-Ibom State of the country, who stigmatized children as “Witches” or “Wizards”. The children who were labeled as witches by the cult leader were killed. In response to this barbaric practice, the Akwa-Ibom State Government passed a law against this practice in December 2008, making conviction for this offence punishable with ten years imprisonment. The police are prosecuting the cult leader and his accomplices. For the purposes of speedy trial, the State created a special family court to determine matters related to children. Akwa-Ibom State is among states in Nigeria that have made primary education free and compulsory. 54. The National Health Care Development Agency (NHCDA), in collaboration with Development Partners, has concluded arrangements for the nation-wide Integrated Measles Campaign covering 25 million children, and the immunization of 30 million children under the age of five against Polio before the end of 2008. Already, over 150,000 health workers and monitors have been deployed nation-wide to ensure the success of the exercise. Because of the difficulties encountered a few years ago in some parts of the country, religious and community leaders have been involved in the planning, promotion and implementation of the immunization programme. 70. Collaborative initiatives with various stakeholders on human trafficking have resulted in the design, implementation and monitoring of programmes to rescue, rehabilitate and reintegrate victims of human trafficking. In line with international standards, careful plans have been developed for reception, sheltering, and counselling of each trafficked person, including a tracing mechanism for reuniting victims with their families, skills acquisition programmes and start up grants/loans. The National Agency for Prohibition of Traffic in Persons has established shelters in many parts of the country, in some cases with the support of the International Organization for Migration and UNICEF. 79. The Forum commended the Child Rights Act (2003) as a good legal and policy basis for the promotion and protection of the rights of children – even if certain states of the Federation have issues with some of its provisions on the grounds of culture or religion. It called for early adoption and implementation – with or without amendments – of the law. On the difficulties associated with the domestication of the Convention of the Elimination of all Forms of Discrimination Against Women (CEDAW) – also dogged by cultural and religious divisions – the Forum expressed the hope that the personal efforts being made by the President to ensure the early passage of the bill would yield the desired result as soon as possible. It noted that Nigerian law has copious provisions to safeguard the rights of women against abuse and all forms of maltreatment. Assault and battery have been made subject of both civil and criminal laws, with the criminal aspects attracting very stiff and severe penalties. There is, therefore, no need for a special law on violence against women. 1. The Committee on the Elimination of Discrimination against Women (CEDAW) encouraged Nigeria to ratify ICRMW, 8 CPD and CED 9 and to accept the amendment to article 20, paragraph 1. 10 The Committee on the Elimination of Racial Discrimination (CERD) strongly recommended that Nigeria consider the possibility of making the optional declaration provided for in article 14, 11 and ratify the amendments to article 8, paragraph 6, of the Convention. 12 The Committee on the Rights of the Child (CRC) recommended that Nigeria immediately ratify and implement OP-CRC-SC and OP-CRC-AC. 13 In 2006, Nigeria undertook to accede, as soon as practicable, to ICRMW and to examine the possibility of signing, ratifying or acceding to other human rights instruments. 14 3. CRC was also concerned that much of the existing legislation at federal, state and local levels, in particular the religious and customary laws, did not fully comply with the principles and provisions of the Convention. 16 6. CRC welcomed the appointment of a Special Rapporteur on Child Rights within the NHRC but remained concerned that its mandate was not provided with sufficient resources. 26 CRC was seriously concerned about the apparent lack of coordination among national and State level authorities 27 and by the serious lack of resources allocated to the Department of Child Development in the Ministry of Women’s Affairs and Social Development, and to the National Child Rights Implementation Committee. 28 7. While CERD and CRC welcomed the adoption, in 2004, of the National Plan of Action on the promotion and protection of human rights, 29 CRC remained concerned that it did not cover all areas of the Convention. 30 19. In 2005, CRC reiterated its previous concern that children belonging to vulnerable groups, including girls, children living in poverty, children with disabilities and children belonging to minority groups, continue to face serious and widespread discrimination. 54 A 2008 UNICEF report noted that only 30 per cent of children are registered at birth. 55 CRC urged Nigeria to adopt a short and a long-term approach to ensure such registration. 56 21. In 2005, the Special Rapporteur on extrajudicial, summary or arbitrary executions found a number of serious problems in relation to the application of the death penalty. 58 CRC was seriously concerned about the applicability of the death penalty to persons below 18 under the sharia law. 59 The Special Rapporteur noted in 2008 that, although amnesty and the commutation of some sentences for death row inmates were announced, such measures were not fully implemented. 60 According to him, despite claims for many years by Nigeria that it has had a moratorium on the death penalty, it has become apparent that the death penalty has in fact been carried out in secret. 61 23. CRC was deeply concerned at the impact of communal conflicts on children. It was alarmed by the reports of indiscriminate extrajudicial killings in communal conflicts, where children as well as adults are routinely killed, shot to death and burnt. 66 CRC made recommendations in this regard. 67 26. In 2005, CRC was deeply concerned at traditional and discriminatory attitudes and behaviour towards women and children, contributing inter alia to violence, abuse, including sexual abuse, killing, torture and extortion, and the generally high level of acceptance of domestic violence among law enforcement officials and court personnel. 74 In 2008, CEDAW was concerned at the continuing prevalence of violence against women and the absence of a comprehensive national law on this issue. 75 28. In 2005, CRC took note that article 221 of the Child Rights Act prohibits corporal punishment in judicial settings. Nevertheless, it remained concerned that corporal punishment was still widely practised in the penal system, as well as in the family, in schools and in other institutions. 80 29. While CEDAW, CERD and CRC acknowledged the measures taken to combat trafficking in women and children, 81 CEDAW and CERD were concerned that trafficking remains a serious problem. 82 30. CRC remained concerned at the significant number of children working as domestic servants, in plantations, in the mining and quarrying sector, and as beggars on the streets. 83 CRC was also gravely concerned by the reports of forced child labour. While acknowledging efforts made, it regretted that the outcomes of such efforts have been poor. 84 31. CRC was deeply concerned that the number of children who fall victim to sexual exploitation was on the increase. It noted with concern the increase of reports of sexual assaults and rape of young girls, especially in the North. 85 32. The Special Rapporteur on freedom of religion or belief noted in 2005 that certain provisions as well as the practice of some sharia courts appeared to be in contravention of the principles of nulla poena sine lege and of equality before the law. 86 CRC remained gravely concerned that the juvenile justice system, in particular, the sharia court system, does not conform to international norms and standards. 87 38. CRC was particularly concerned at the reports of a large number of young women suffering cases of vesico-vaginal fistula. 101 CRC recommended that the State amend existing legislation to prevent early marriage and develop sensitization programmes to curb the practice of early marriages. 102 50. In view of the high proportion of children living in poverty, CRC noted with concern the lack of reliable information regarding the coverage of the social security plans in place vis-à-vis the needs of children and their families. 123 CRC recommended that the State ensure that street children are provided with adequate nutrition, clothing, housing, health care, and educational opportunities. 124 51. A 2008 WHO/UNAIDS/UNICEF report indicated there is limited knowledge about how HIV is transmitted and can be prevented, particularly amongst young people. 125 CRC was particularly concerned that according to UNAIDS estimates, there are over 1 million AIDS orphans, making Nigeria the country with the highest number of AIDS orphans worldwide. 126 CRC recommended that Nigeria continue its efforts in preventing the spread of HIV/AIDS and providing treatment 127 and urgently increase alternative-care opportunities for children. 128 52. In 2005, CRC welcomed the fact that education was given the highest priority in the annual budget. It also noted with appreciation the development of the Strategy for Acceleration of Girls’ Education. However, CRC remained concerned about the various numbers of problems in the education system. 129 CRC recommended inter alia that Nigeria take appropriate measures, in order to ensure that primary education is compulsory; and take additional steps to address the high illiteracy rates. 130 A 2007 UNESCO report noted that, in recent years, Nigeria has taken measures to compensate relatively underdeveloped and under- resourced regions, which generally have the lowest levels of educational provision and attainment. 131 55. CRC noted that Nigeria was host to a large group of refugees from neighbouring countries. 136 A 2008 UNHCR report indicated that Nigeria hosts more than 6,500 refugees. 137 CRC was concerned about the situation of refugee and internally displaced children living in refugee camps. It was particularly concerned about reports of sexual exploitation of refugee girls and women within and outside of the camps. 138 CRC recommended that Nigeria inter alia seek to ensure that all displaced and refugee children and their families have access to health and education services. 139 56. CRC noted that communal clashes linked to political, religious and ethnic differences had led to a large population of internally displaced persons. 140 CEDAW requested the State to pay particular attention to the needs of internally-displaced women. 141 Following the 2002 ruling of the International Court of Justice transferring the Bakassi peninsula from Nigeria to Cameroon, a 2008 OCHA report noted that up to 100,000 Nigerians displaced from Bakassi in southern Nigeria are sheltering in makeshift camps. 142 60. CRC acknowledged challenges faced by Nigeria, namely the long-standing ethnic, religious and civil strife, economic constraints including poverty, unemployment and the heavy debt burden, 146 which may have impeded progress to the full realization of children’s rights enshrined in the Convention. 147 68. CRC recommended that Nigeria seek technical assistance from among others: UNFPA and UNICEF with regard to adolescent health problems; 159 UNICEF and WHO with regard to violence, abuse, neglect, killing, torture and extortion of women and children; 160 and with regard to drug abuse by children; 161 UNICEF with regard to prevention and control HIV/AIDS; 162 and UNICEF and UNESCO with regard to the right to education. 163 CRC recommended that Nigeria continue its cooperation with, inter alia, UNICEF and IOM with regard to trafficking in women and children. 164 10. According to NHRC, the implementation of the child rights law in the states has posed a challenge due to the high cost implications of the institutions to be set up to facilitate Child Justice Administration. 17 56. NHRC reported that with the introduction of the Universal Basic Education programme there has been improvement in enrolment of pupils in schools. However the ratio of 67 per cent is still low considering the MDG target of 100 per cent enrolment by the year 2015. The factors militating against enrolment of pupils into schools are lack of adequate funding, poverty, ignorance and harmful cultural practices. 95 57. UNPO welcomed the National Policy on Education which guarantees that the initial language in primary education must be the mother tongue of the child, although reporting that the implementation of this policy has been limited to few languages and has excluded minorities such as the Ogoni People. 96 17. The Netherlands had expressed concern that child trafficking, child labour, sexual exploitation and harmful traditional practices are still being practiced in Nigeria, despite the domestication of the Convention on the Rights of the Child. That simply showed that it is not every human problem that can be solved overnight through legislation. As for sexual exploitation of children trafficked, resolving the problem of child trafficking is beyond one State alone, and also requires receiving States to ensure that trafficked children are protected. 20. The delegation acknowledged that the biggest challenges facing Nigeria are in the areas of improving the wellbeing of millions of its children and tackling the socio-economic, health problems and cultural practices that put women at a disadvant age. 36. Saudi Arabia noted that the 1999 Constitution set up the framework for the protection of human rights and the institutional framework aimed at protecting and promoting human rights, such as the National Agency to combat trafficking in persons and the Ombudsman and those which are mandated to provide assistance to victims. The efforts to protect children’s rights and combat trafficking deserve support and Saudi Arabia asked whether more information could be provided in this respect, notably on obstacles to overcome. 41. France commended the nomination of a Special Rapporteur for children’s rights, the creation of a National Inter-religious Council, and Institute to promote interethnic, inter-religious and inter-communal understanding. France recommended that Nigeria (a) ensure that freedom of expression is respected and that Nigerian journalists may take on their mission of providing information without suffering harassment, (b) improve the conditions of detention within prisons, access to health and the respect of the most elementary rights of detainees and (c) continue efforts in the fight against human trafficking and to fully implement the international conventions in this area that Nigeria is a party to. 42. Ukraine commended the adoption of the NAPPPHR and the measures to counter harmful traditional practices against women and children. Ukraine recommended that Nigeria (a) strengthen the efforts aiming at the elimination of existing harmful traditional practices when the rights of women and children are violated and their health is severely undermined and adopt all necessary measures to provide full protection of children, girls, women and widows from wrongdoings, inspired by these traditions. Ukraine also recommended that Nigeria (b) prevent using cruel, inhuman and degrading punishment and (c) to extend the open invitation to the Human Rights Council special procedures. 43. Viet Nam noted the President’s Seven-point Agenda which identifies the development of human rights capital, food security, mass transportation, power and energy, including security and qualitative and functional education and the rule of law as priorities. Viet Nam asked Nigeria to give more detailed information of the Agenda and on the legislative process that are taking place in Nigeria at the moment, especially on the Freedom of Information Bill, the Anti- discrimination Bill and the Domestication of the CRC in the Child Rights Act. Viet Nam recommended that Nigeria continue its efforts and close cooperation with relevant international organisations in combating child trafficking. 68. China is pleased to note Nigeria’s efforts in achieving MDGs, enhancing school enrolment rate, fighting against trafficking in women and children, increasing education input, adopting measures to resolve domestic religious issues, and in improving housing rights. China noted that Nigeria faces a plethora of challenges, needs to make relentless efforts but, international tolerance, understanding and support are also needed. China asked about experiences and best practices in increasing educational input, enhancing children school enrolment rate and achieving the MDGs. 74. Yemen commended the efforts of Nigeria to achieve the MDGs whereby Nigeria has increased the number of children enrolled by more than 40 per cent, including girls, especially in rural areas, as it has provided more than 90,000 teachers. Yemen recommended Nigeria to (a) continue its efforts in supporting education and providing equal opportunities to boys and girls in the rural and urban areas, and (b) continue its efforts to avoid school dropout rate. 75. Tunisia congratulated Nigeria for its commitment to human rights protection and promotion, in particular with regard to children’s rights. The CRC and the African Charter on the Rights and Welfare of the Child provisions were integrated into the 2003 Children’s Rights Act, which also allowed for the reinforcement of the legislation in the federate States. Tunisia also expressed its satisfaction with the work undertaken by the National Agency for the Development of Primary Health Care, notably regarding the integrated vaccination campaign across the country, which involved religious and community leaders. 85. Holy See referred to children stigmatized as “witches or “wizards”, commended Nigeria for the recent law to end this practice and (a) recommended Nigeria to apply this law vigorously. Holy See noted considerable investment in education. It recommended that Nigeria (b) continue to invest in education in order to reduce the illiteracy rate further, especially among girls and young women, and (c) to increase its efforts in the field of maternal health, educating birth attendants and increasing the number of obstetrics clinics throughout the country. Finally, Holy See referred to the Working Group on Minorities according to which a number of ethnic groups are discriminated against and asked about efforts for improvement. 97. On the education of girls, the government is paying due attention and there has been an increase in the budget of health and education. In addition, MDGs regarding girls backs many governmental activities. 102. Regarding children stigmatized as witches, the delegation informed that the issue is over as the main offender, a pastor, was arrested and is now detained. Accepted and Rejected Recommendations The following recommendations were accepted by Nigeria: 103. 2. Accelerate the process of passing into law the various rights-based bills before the National Assembly in order to provide broader scope of protection for vulnerable members of society, especially women, children and the disabled (Ghana); Pass the bill for the early domestication of the Convention on the Elimination of All Forms of Discrimination against Women (Norway; Republic of Korea), without further delay (Norway); Intensify its efforts to domesticate the international norms aimed at eliminating gender based discrimination (Niger); Further pursue that its existing legislation at federal, state and local levels fully complies with the Convention on the Rights of the Child (The Netherlands); Pursue its efforts in order to incorporate the provisions of the Convention on the Elimination of All Forms of Discrimination against Women in its national law (Algeria; Brazil); The National Action Plan include concrete and time-bound steps to accelerate the process of full domestication of all international human rights treaties to which Nigeria is Party, with particular priority on the Convention on Elimination on All Forms of Discrimination against Women (New Zealand); 18. Intensify efforts in guaranteeing women's rights, including by implementing CEDAW Mutilation (FGM) (Italy); Not only enact legislation to prohibit FGM but also continue awareness-raising campaigns to eradicate such practices (Austria); Strengthen the efforts aiming at elimination of existing harmful traditional practices and adopt all necessary measures to provide full protection of children, girls, women and widows from wrongdoings, inspired by these traditions (Ukraine); Undertake further efforts in order to raise awareness among religious leaders and traditional dignitaries and involve them in the dissemination of a culture of human rights and in combating harmful traditional practices (Qatar); Establish effective mechanisms to prohibit violence against women and girls, including traditional practices, such as FGM and continue awareness-raising campaigns to eradicate such practices (Norway); Undertake an awareness raising campaign about the practice of FGM, as encouraged by the National Consultative Forum (Ireland); 19. Pursue the full implementation of its expressed commitment to prohibit all forms of violence against women, and to prevent illegal trafficking of women and girls, and take into account in this regard, among others, the recommendations of the United Nations treaty bodies (The Netherlands); Continue efforts in the field of combating human trafficking (Bahrain, France) and fully implement the international conventions in this area that Nigeria is a party to (France); Continue its targeted efforts to combat trafficking in persons, above all women and young girls (Belarus); Consider strengthening the efforts in the area of combating trafficking of women and children by cooperating closely with countries in the region (Malaysia); Continue its efforts and close cooperation with relevant international organizations in combating child trafficking (Viet Nam); Allocate according to its capacity, adequate human and other resources in order to strengthen the combat on human trafficking (Angola); A - 25. Take action to tackle the backlog of prisoners who have been detained without trial or beyond the end of their sentence (United Kingdom); Ensure that all detainees are tried without undue delay or freed if no accusation is presented (Portugal); Improve the conditions of detention within prisons, access to health and the respect for the most elementary rights of detainees (France); Create a board of independent inspectors examining conditions in detention facilities and the behaviour of police officers (Germany); A broad approach including improved legal representation of prisoners, separate detention facilities for persons under the age of 18 and continuing improvements to the prison infrastructure (Austria); A - 28. Take further measures to bolster the national health system (Belarus); Increase its efforts in the field of maternal health, educating birth attendants and increasing the number of obstetrics clinics throughout the country (Holy See); Increase its efforts to raise awareness of and prevent the spread of HIV/AIDS and provide adequate treatment and alternative care opportunities for children (Germany); Continue to pursue its efforts in the fight against HIV/AIDS, particularly in addressing its reported disproportional impact on women (Botswana); 29. Continue to invest in education in order to reduce the illiteracy rate further, especially among girls and young women (Holy See); Continue resolutely consolidating the education system in accordance with the particular characteristics and needs of its population (Venezuela); Foster the further development of education for girls and the achievement of gender equality (Belarus); Continue its efforts in supporting education and providing equal opportunities to boys and girls in the rural and urban areas (Yemen); Continue its efforts to avoid school drop-out rate (Yemen); Develop a national strategy to guarantee better access to education to all children and to include in the school system at all levels appropriate measures in the field of human rights education, in accordance with the Plan of Action 2005-2009 of the World Programme for Human Rights Education (Italy); Nigeria did not reject any recommendations