NIGERIA: Children's Rights in the UN Special Procedures' Reports

Summary: This report extracts mentions of children's rights issues in the reports of the UN Special Procedures. This does not include reports of child specific Special Procedures, such as the Special Rapporteur on the sale of children, child prostitution and child pornography, which are available as separate reports.

Please note that the language may have been edited in places for the purpose of clarity.

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• Visits agreed in principle or under consideration
• UN Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment
  - follow-up
• UN Special Rapporteur on extrajudicial, summary or arbitrary executions
• UN Special Rapporteur on Freedom of Religion or Belief
  - follow-up

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Visits agreed in principle or under consideration

UN Special Rapporteur on independence of judges and lawyers

Visit has been agreed in principle or is under consideration.

UN Special Rapporteur on violence against women, its causes and consequences

Visit has been agreed in principle or is under consideration.

Special Representative of the UN Secretary General on Internally Displaced Persons

Visit has been agreed in principle or is under consideration.riare under consideration

(A request was made in 2005)

UN Special Rapporteur on trafficking in persons, especially in women and children

Visit has been agreed in principle or is under consideration.

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UN Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment by Manfred Nowak

(A/HRC/7/3/Add.4)

Country visit: 4 – 11 March 2007
Report published: 22 November 2007

Mr. Nowak identified the following points of concern related to the conditions of detention of children:

• In some police stations, children are detained with adults in extremely overcrowded and unsanitary conditions where they are denied access to education, vocational and recreational activities. Mr. Nowak recommends that authorities ensure the separation of detainees under 18 from adult prisoners is rigorously implemented pending consideration of alternative measures to detention for children. The children should be provided with adequate educational, vocational and recreational activities, including the use of the library. (para 50)

• Section 18 of the Criminal Code gives courts the discretion to order the caning of boys believed to be under 17 in addition to or in substitution for any other punishment to which they are liable. Section 295 justifies "a blow or other force" for the correction of children, servants and others." (para 57)

• The Special Rapporteur recommends expediting the release of non-violent offenders from pretrial detention facilities should be expedited, starting with the most vulnerable groups, including children. (recommendation p)

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UN Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment: Follow-up

The Special Rapporteur requested information from Nigeria about steps it has taken to comply with his recommendations on 23 October 2009. The government has yet to reply.

The Special Rapporteur urges Nigeria remained concerned about the fact that corporal punishment remains lawful in parts of the country. (recommendation 75)

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UN Special Rapporteur on extra-judicial, summary or arbitrary executions, Philip Alston

(E/CN.4/2006/53/Add.4)

Country visit: 27 June - 8 July 2005
Report published: 7 January 2006

Mr. Alston made the following point:

UNICEF should commission a consultant to review the files of all prisoners on death row for crimes committed before they were 18. Judicial review should then be sought to ensure compliance with the Convention on the Rights of the Child. (para 103, d)

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UN Special Rapporteur on Freedom of Religion or Belief, Asma Jahangir

(E/CN.4/2006/5/Add.2)

Country visit: 27 February to 7 March 2005
Report published: 7 October 2005

Ms. Jahangir made the following points:

• Juvenile justice: the death penalty for children is prohibited under article 37 of the Convention on the Rights of the Child. While punishments for Hadd crimes are not per se applicable to minors, the Nigerian Sharia penal codes (Islamic law) define a child as being below the age of taklif (the age of attaining legal and religious responsibilities). However, according to the information submitted to the Special Rapporteur, no death sentence has so far been passed against a child. (para 74)

  Ms. Jahangir recommends that the government take concrete steps to strengthen the education system throughout Nigeria to ensure children receive teaching on religious tolerance. (para 105)

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UN Special Rapporteur on Freedom of Religion or Belief: Follow-up

The Special Rapporteur created a table to follow-up her recommendations to Nigeria. She reiteratesthat the State should also take concrete steps to strengthen the education system throughout Nigeria in order for children to receive teaching on religious tolerance.

The government has yet to respond.