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Summary: This report extracts mentions of children's rights issues in the reports of all UN Treaty Bodies and their follow-up procedures. This does not include the Concluding Observations of the UN Committee on the Rights of the Child which are available here: http://www.crin.org/resources/treaties/index.asp
Please note that the language may have been edited in places for the purposes of clarity.
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- UN Human Rights Committee
- UN Committee on Economic, Social and Cultural Rights
- UN Committee against Torture
- UN Committee on the Elimination of Discrimination against Women
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UN Committee on the Elimination of Racial Discrimination
- early warning - UN Committee on Migrant Workers
- UN Committee on the Rights of Persons with Disabilities
- UN Committee on Enforced Disappearance
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UN Committee on Economic, Social and Cultural Rights
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UN Committee on the Elimination of Discrimination against Women
(CEDAW/C/NGA/CO/7-8)
Last reported: 11 January 2016
Concluding observations published: 21 July 2017
Positive aspects
The Committee welcomes the progress achieved since the consideration in 2008 of the sixth periodic report of Nigeria (CEDAW/C/NGA/6), in particular the adoption of the following legislation: the Cross-River State Law to Prohibit Girl-Child Marriages and Female Genital Mutilation, in 2009 (para. 4, d).
The Committee welcomes the fact that, in the period since the consideration of the previous report, the State party has ratified or acceded to the following international treaties: the Optional Protocol to the Convention on the Rights of the Child on the involvement of children in armed conflict, in 2012; the Optional Protocol to the Convention on the Rights of the Child on the sale of children, child prostitution and child pornography, in 2010 (para.6).
Factors and difficulties preventing the effective implementation of the Convention
The Committee notes that the State party’s efforts to implement its obligations under the Convention have been largely impacted by various conflicts in the State party, particularly the terrorist insurgency waged by Jama’atuahlissunnalidda’awatiwal jihad (Boko Haram) since 2009. The Committee notes the efforts of the State party to rescue and rehabilitate women and girls who have been abducted and subjected to sexual slavery by Boko Haram. It considers that the full implementation of the Convention in order to ensure respect for and enjoyment of women’s rights is a prerequisite for the success of these efforts, including those aimed at securing education facilities, de-radicalisation and combating violent extremism. The Committee, therefore, recommends that the State party implement the recommendations contained in the present concluding observations as a matter of high priority, including by seeking international assistance and cooperation, if appropriate, for their implementation. In this regard, it also recommends that the State party adopt a national action plan on the implementation of the present recommendations, in consultation with civil society organisations and religious leaders, which should provide the State party with a road map for enhanced implementation and monitoring of these concluding observations (para. 7).
Women, peace and security
The Committee welcomes the State party’s launch of a second National Action Plan for the Implementation of United Nations Security Council resolution 1325(2000) and related resolutions on 9 May 2017, which covers the period 2017-2020. While commending the State party for its efforts in the fight against violent extremism and the terrorist insurgency by Boko Haram and rescuing more than one hundred abducted girls, the Committee remains concerned that: a significant number of girls, who were abducted by Boko Haram from Chibok and Damasak in Borno State in April and November 2014 respectively, have not been rescued and continue to be subjected to rape, sexual slavery, forced marriage and impregnation by Boko Haram insurgents; the military and law enforcement authorities have resorted to blanket arrest and detention of women and girls suspected to have been radicalised or associated with Boko Haram insurgents; sexual exploitation, including “transactional sex”, is reportedly taking place in camps for internally displaced persons, particularly in Maiduguri, and that girls and children born out of rape and sexual slavery committed by Boko Haram insurgents are subject to stigma and social isolation (para. 15).
The Committee recommends that the State party give due consideration to the Committee’s general recommendation No. 30 (2013) on women in conflict prevention, conflict and post-conflict situations by ensuring that the second National Action Plan for the Implementation of United Nations Security Council resolution 1325 (2000) and related resolutions are fully implemented, including through the allocation of adequate budgetary resources and enhanced coordination. The Committee also recommends that the State party: intensify its efforts to rescue all women and girls abducted by Boko Haram insurgents, ensure their rehabilitation and integration into society and provide them and their families with access to psychosocial and other rehabilitative services; ensure that counter-terrorism measures employed by the military and law enforcement authorities, including de-radicalisation programmes, respect women’s rights to dignity and comply with the provisions of the Convention; continue to investigate, prosecute and punish perpetrators of alleged sexual exploitation, including “transactional sex”, in camps for internally displaced persons, particularly in Maiduguri; and combat stigma and social isolation faced by rescued girls through public awareness-raising and education campaigns (para. 16).
Stereotypes and harmful practices
The Committee notes the State party’s efforts to address stereotypes and harmful practices by, inter alia, revising the Broadcasting Code in 2010 to provide for minimum standards for the media and film industry in relation to combating stereotypes. However the Committee remains concerned at the persistence of harmful practices and discriminatory stereotypes regarding the roles and responsibilities of women and men in the family and in society that perpetuate women’s subordination in the private and public spheres. It notes that such stereotypes also contribute to the increase in child marriages, polygamy, wife inheritance, and hence to the disadvantaged and unequal status of women in society. The Committee is further concerned that the State party has not conducted an impact assessment of its nationwide awareness campaign on eliminating stereotypes (para. 21).
Recalling joint General Recommendation No. 31 of the Committee on the Elimination of Discrimination against Women/general comment No. 18 of the Committee on the Rights of the Child (2014) on harmful practices, the Committee recommends that the State party: expand public education programmes on the negative impact of such stereotypes on women’s enjoyment of their rights, in particular in rural areas, targeting men and boys, as well as traditional and religious leaders who are the custodians of customary and religious values in the State party; take effective measures to prohibit and eliminate child marriages, wife inheritance and polygamy; conduct an impact assessment on the nationwide awareness campaign on the elimination of discriminatory stereotypes and harmful practices, and regularly monitor and review the measures adopted to eliminate them (para 22).
Female genital mutilation
The Committee recalls its previous concluding observations (CEDAW/C/NGA/CO/6, para. 21) and reiterates its concern that, notwithstanding the measures taken by the State part to combat female genital mutilation (FGM), such as the adoption of the Violence against Persons Prohibition Act of 2015, this harmful practice continues to be prevalent in the State party. The Committee is particularly concerned that the Violence against Persons Prohibition Act of 2015, which prohibits FGM, only applies in the Federal Capital Territory and not in those federal States where FGM is prevalent. (para. 23).
Recalling its previous recommendation (CEDAW/C/NGA/CO/6, para. 22) and in line with Sustainable Development Goal 5.3 to eliminate all harmful practices, such as child, early and forced marriage and female genital mutilation, the Committee recommends that the State party: ensure that the Violence against Persons Prohibition Act of 2015 applies in all federal States, including those where female genital mutilation is prevalent; and raise awareness among religious and traditional leaders as well as the general public about the criminal nature of female genital mutilation, including “female circumcision”, and its adverse impact on the human rights of women. (para. 24).
Trafficking
The Committee welcomes the revised Trafficking in Persons (Prohibition) Law Enforcement and Administration Act, which entered into force in 2015. The Committee also welcomes the establishment of the Victims of Trafficking Trust Fund in 2008. However, the Committee is concerned that: the State party remains a source, transit and destination country for trafficking in persons, in particular women and girls, for purposes of sexual and labour exploitation; due to migration flows in the sub-region, internally displaced women and girls as well as women living in poverty are vulnerable to trafficking (para. 27).
The Committee recommends that the State party: address the root causes of trafficking in women and girls and ensure the rehabilitation and social integration of victims, including by providing them with access to shelters, legal, medical and psychosocial assistance and adequate income-generating opportunities; intensify awareness-raising efforts aimed at promoting the reporting of trafficking and related crimes and the early detection and referral of women and girls who are victims of trafficking to appropriate social services; conduct an assessment of the adequacy of shelters and the services they provide, including legal, medical and psychosocial assistance (para. 28).
Nationality
The Committee is concerned that under section 26(2)(a) of the Constitution, Nigerian women married to foreign men cannot transmit their nationality to their husbands unlike Nigerian men married to foreign women who can do so. It is also concerned that section 29(4)(b) on citizenship renunciation legitimizes child marriages, as it recognises any woman who is married to be of full age for purposes of renunciation of citizenship. (para. 31).
In line with General recommendation No. 33 (2014) on the gender-related dimensions of refugee status, asylum, nationality and statelessness of women, the Committee recommends that the State party amend Section 29(4)(b), which implicitly recognises and legitimizes child marriages in the State party (para. 32).
Education
The Committee notes the efforts by the State party to address the impact of the Boko Haram insurgency on women’s and girls’ access to education. It notes with concern: that a large number of women and girls in the North-east have dropped out of school due to the Boko Haram insurgency; the lack of information on the progress achieved in securing schools to ensure that girls and teachers are protected from Boko Haram insurgents; that the budget allocation for the education sector remains below the recommended United Nations Educational, Scientific and Cultural Organisation threshold of 26 per cent of the gross domestic product; the lack of data on the impact of the privatisation of schools on women’s and girls’ access to education; the lack of data on the provision of special needs education for women and girls with disabilities in the State party; the resistance in certain federal States to the delivery of sexual and reproductive health and rights education; and
that the implementation of the State party’s school feeding programme has been heavily impacted by funding reduction and lack of logistics and provision of food (para. 33).
The Committee recommends that the State party: take concrete measures, including by seeking international assistance, if appropriate, to rebuild and secure all schools affected by the Boko Haram insurgency and encourage girls and teachers, including women, to return to these schools; provide psychosocial and medical support to girls and their families as well as teachers, and encourage them to continue with their studies, and, to this effect, explore the use of modern technology in the delivery of subjects and courses; increase the budget allocation for the education sector with a view to attaining the recommended United Nations Educational, Scientific and Cultural Organisation threshold of 26 per cent of the gross domestic product; provide data in the next periodic report on the impact of the privatisation of schools on women’s and girls’ right to pursue their education; and on the provision of special needs education for women and girls in the State party; address the resistance to the delivery of age-appropriate education on sexual and reproductive health and rights, through awareness-raising on the significance of such education for combating early pregnancies and sexually transmitted diseases among adolescent girls and boys; and ensure funding, logistics and the provision of food to schools under the school feeding programme, and to ensure sustainability (para. 36).
Marriage and family relations
The Committee notes the complexity of the different and sometimes contradictory statutory, customary and Islamic marital regimes in the State party, with varied implications on women’s legal capacity and in the regulation of marriage and divorce. It also notes the “draft Model Customary Law and Islamic Law Marriage Divorce Registration Law”, which seeks to provide for the mandatory registration of all marriages within a State and is currently before the National Assembly. The Committee is concerned that: although the Child Rights Act, 2003, sets the legal age of marriage at 18 for both women and men, this Act is only applicable in a limited number of federal States and that in some States, particularly the Northern region of the State party, child marriages are prevalent; while sections 218 and 357 of the Criminal Code protect girls under 13 years of age from forced sexual intercourse, section 6 excludes its applicability to girls of the same age in customary law marriages (para. 45).
The Committee recommends that the State party: rnsure that the Child Rights Act, 2003, is applicable in all parts of the State party and eradicate child marriage through awareness raising and by prosecuting and punishing perpetrators and accomplices; repeal section 6 of the Criminal Code, which legitimizes child marriages and rape as it excludes the applicability of sections 218 and 357 of the Criminal Code that protect girls under the age 13 years from forced sexual intercourse (para. 46).
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(CEDAW/C/NGA/CO/6)
Last reported: 3 July 2008
Concerns raised:
Early marriage: the national Constitution does not align with the Child Rights Act. While the Child Rights Act sets the minimum age of marriage at 18 years, section 29, paragraph 4, of the Constitution states that a woman reaches majority upon marriage, thereby lending support to early marriages. The Committee urges the State to repeal section 29, paragraph 4 without delay. (paragraphs 318, 319)
Human trafficking is still prevalent. The Committee urges the State to give special attention to the protection, including witness protection, counselling and rehabilitation of victims, especially girls. (paragraphs 328, 329)
The lack of access of women and girls to adequate health-care services, including parental and post-natal care and family planning, particularly in rural areas. Among other recommendations, the Committee calls upon the State to promote sex education targeting adolescent girls and boys. (paragraphs 336, 337)
Violence against women and girls is widespread. The Committee urges the State to enact comprehensive legislation on all forms of violence against women, including domestic violence. Such legislation should ensure that all forms of violence against women and girls are criminalised, that women and girls who are victims of violence have access to immediate means of redress and protection, and that perpetrators are prosecuted and punished. (paragraphs 326, 327)
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UN Committee on the Elimination of Racial Discrimination
(CERD/C/NGA/CO/18)
Last reported: 15 and 16 August 2005
Concluding Observations adopted: 19 August 2005
Concerns raised:
- that human trafficking, including trafficking of foreign children, remains a serious problem. In this regard, the Committee recommends that the State undertake necessary legislative and policy measures to prevent and combat trafficking. The Committee also urgesthe State to provide support and assistance to victims, wherever possible in their own language. (paragraph 22)
- that inter-cultural understanding between ethnic groups is unsatisfactory. The Committee recommends the State strengthen measures to promote understanding, tolerance and friendship between ethnic groups, including comprehensive public education campaigns and inter-cultural education in school curricula. (paragraph 24)
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UN Committee on the Elimination of Racial Discrimination: Early warning
(CERD/C/NGA/DEC/1)
11 March 2010
The Committee expresses alarm about reports of attacks and killings of a large number of persons, including children, women and elderly, as a result of tensions between ethno-religious groups near the city of Jos in the Plateau State of Nigeria in January and March 2010.
The Committee urges Nigeria to undertake a number of measures to stem the violence including extensive monitoring activities, fostering dialogue, combating negative stereotypes, investigating massacres and bring those responsible to justice. It requests Nigeria to provide information on its progress in complying with its recommendations by 30 July 2010.
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UN Committee on Migrant Workers
CMW/C/NGA/CO/1
Adopted by Committee: 13 April 2017
Published: 18 April 2017
Issues Raised:
The Committee notes with appreciation the ratification of or accession to: The Optional Protocol to the Convention on the Rights of the Child on the involvement of children in armed conflict, in September 2012; The Optional Protocol to the Convention on the Rights of the Child on the sale of children, child prostitution and child pornography, in September 2010 (para. 7).
In particular, the Committee is concerned that the new 2015 Immigration Act maintains broad grounds, including mental impairment and being an unaccompanied child, for declaring individuals as “prohibited immigrants” liable to be refused admission or to be deported. The Committee is also concerned that the 2015 Act extends the length of detention of persons charged with immigration offenses for a total of 90 days pending trial, while the 1963 Immigration Act capped the detention period of a person accused in similar cases at two months (para.11).
The Committee recommends that the State party amend the 2015 Immigration Act and ensure that its legislation is in full conformity with the Convention. The Committee also recommends that the State party ensures that migration management measures respect the rights of migrants, including children, guaranteed by international human rights, refugee and humanitarian law, including the principle of non-refoulement (para. 12).
Labour Exploitation:
The Committee is concerned about the lack of information on measures taken to prevent the engagement of children trafficked from neighbouring countries in forced child labour in agriculture, construction, mining and quarrying (para. 31).
The Committee recommends that the State party: Ensure the effective enforcement of applicable sanctions against persons violating existing legislation on child labour, including by raising awareness of international standards relating to child labour among labour inspectors, the general public and law enforcement agencies; Prosecute, punish and sanction persons or groups exploiting migrant workers, or subjecting them to forced labour and abuse, especially in the informal economy, in line with the Sustainable Development Goals (Targets 8.7 and 16.2); Provide adequate assistance, protection and rehabilitation, including psychosocial rehabilitation, to victims of sexual and labour exploitation, especially women and children (para.32).
Due Process:
The Committee is concerned at the lack of information regarding due process guarantees for migrant workers and members of their families in criminal and administrative proceedings, including detention and expulsion. The Committee is concerned that migrant children might be put into detention with their families (para. 33).
The Committee recommends that the State party: Take the steps necessary to ensure that in administrative and judicial proceedings, including detention and expulsion proceedings, migrant workers and members of their families, particularly those in an irregular situation, are guaranteed due process on an equal basis with nationals of the State party before the courts and tribunals; Ensure that administrative detention is used only as a measure of last resort and non-custodial alternatives are provided, in line with the Committee’s general comment No. 2 (2013) on the rights of migrant workers in an irregular situation and members of their families; Cease the detention of children on the basis of their or their parents’ immigration status and adopt alternatives to detention that allow children to remain with family members and/or guardians in non-custodial, community-based contexts while their immigration status is being reviewed, consistent with the best interest of the child principle as well as the child’s right to family life (para. 34).
Medical Care and Education:
The Committee is concerned about the lack of information on specific programmes to guarantee access to medical care and to open up education to migrant workers and members of their families who are in an irregular situation in the territory of the State party (para. 41).
The Committee recommends that, in accordance with articles 28 and 30 of the Convention, the State party adopt concrete and effective measures to ensure access to medical care and to make it possible to enter and remain in the education system, especially for the children of migrant workers in an irregular situation (para. 42).
Migrant Workers:
The Committee is however concerned that: The State party remains a source, transit, and destination country for women and children subjected to forced labour and sex trafficking; The exception in national legislation to the prohibition of child labour for children employed by a member of his family or light work of an agricultural, horticultural or domestic character may make children vulnerable to be trafficked into domestic work by their family members; According to information received by the Committee, the 2015 amendment to the Trafficking in Persons Enforcement and Administration Act removed judges’ ability to sentence traffickers with fines in lieu of prison time, the State party’s courts continue in some cases to penalize traffickers with only fines; The National Agency for the Prohibition of Trafficking in Persons needs strengthening in order to provide effective support throughout the State party (para. 55).
The Committee recommends that the State party persons, in line with the Sustainable Development Goals (Target 5.2). Continue to vigorously pursue trafficking investigations, prosecutions, and adequate sentences for convicted traffickers; to provide regular training to police and immigration officials to identify trafficking victims among vulnerable populations; to strengthen the capacity of Nigerian embassies to identify and provide assistance to victims abroad, including through regular and specialized training for diplomatic and consular personnel;Implement the United Nations Global Plan ofAction to Combat Trafficking in Persons;Take measures to ensure that children are not trafficked into domestic work by their family members;Ensure in conformity with the 2015 amendment to the Trafficking in Persons Enforcement and Administration Act that traffickers are in no instance penalized with only fines; Strengthen the National Agency for the Prohibition of Trafficking in Persons so that it can provide effective support throughout the State party; Provide in its combined initial and second periodic report detailed information on mechanisms for victim identification, support, and rehabilitation and their availability throughout the State party; Take proactive measures to investigate and prosecute government officials suspected of trafficking-related corruption and complicity in trafficking offenses (para. 56).
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UN Committee on the Rights of Persons with Disabilities
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