Submitted by crinadmin on
Summary: The violations highlighted are those issues raised with the State by more than one international mechanism. This is done with the intention of identifying children's rights which have been repeatedly violated, as well as gaps in the issues covered by NGOs in their alternative reports to the various human rights monitoring bodies. These violations are listed in no particular order.
Inconsistent definition of the child UN Committee on the Rights of the Child (Concluding Observations, June 2010) While noting that the Child Rights Act defines the child in accordance with the Convention and establishes the legal minimum age of marriage at 18 years, the Committee notes with serious concern that the definition of the child in some legislation domesticating the Child Rights Act at state level sets the age at 16 years (Akwa-Ibom state) or defines the child not by age but by "puberty" (Jigwa state), reportedly for the purposes of early marriages. The Committee also reiterates the earlier concern expressed in 2005 about the wide variety of minimum ages that are very low at state level. The Committee urges the State party to ensure that the definition of the child in legislation domesticating the Child Rights Act at state level is in full compliance with that of the Convention, including by amending the recently adopted Child Rights Laws in Akwa-Ibom and Jigwa states. To this end, the Committee urges the State party to intensify its ongoing dialogue with traditional and religious leaders and state authorities to enhance the understanding of the importance of conceptualising persons under the age of 18 as children with special rights and needs guaranteed under the Convention. The State party is recommended to use the example of the recent polio eradication campaign in this respect (paragraphs 26 and 27). African Committee of Experts on the Rights and Welfare of the Child Report date: 9 November 2009 The Committee expresses concern in the contradictions and inconsistencies created by the application of the statute law, policy and customary practices. For instance the Child Right Act and the Constitution clearly define the age of majority as 18 years and entrench the fundamental rights of a child. However there is a rampant early child marriage especially in the rural areas where the median age of marriage for a girl is 15 years. It is noted in the 2003 National health survey about 35.8 per cent of teenagers aged 15-19 years were already mothers. The Committee recommends that the State party to strengthen its efforts to further harmonise the various minimum ages in line with the Charter (recommendations and concerns, 2 and 3). The possibility of applying the death penalty to under 18s under the Sharia penal codes UN Committee on the Rights of the Child (Concluding Observations, June 2010) While noting with satisfaction that the death penalty is prohibited by law in the Child Rights Act, the Committee is seriously concerned at reports related to an estimated forty prisoners reportedly on death row for crimes committed when they were below the age of 18. It reiterates the strong concern expressed by the African Committee on the Rights and Welfare of the Child concerning the mandatory death penalty for offences in Sharia Penal Codes (including Hadd punishments) which, given the absence of definition of the child as a person under the age of 18 and that in certain states children are defined by puberty, could be imposed on children under Sharia jurisdiction. The Committee is gravely concerned about the impact of inter-communal and political violence on children, including reports that children have been victims of extrajudicial killings by law enforcement agencies. Ethnic conflict is also referred to as among the main causes of orphanage. The Committee recommends the State party to take the opportunity of its ongoing constitutional review to include an express prohibition of the application of the death penalty to persons under 18 years of age. The Committee urges the State party to: UN Special Rapporteur on Freedom of Religion or Belief Ms Jahangir Country visit: 27 February- 7 March 2005 Report published: 7 October 2005 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 (paragraph 74). African Committee of Experts on the Rights and Welfare of the Child Report date: 9 November 2009 Of utmost concern to the Committee is the existence of death penalty over the child offenders especially under the sharia laws (recommendations and concerns, 10). Detention of children with adults UN Committee on the Rights of the Child (2010) The Committee is also concerned at the remaining number of children in adult jails and ill-treatment of children in custody by police, including in pre-trial detention, and the absence of penal procedural rules during their trial before the family courts. ... (e) Continue efforts to ensure that children deprived of liberty in rehabilitation centres or in detention facilities are never kept with adults, that they have a safe, child-sensitive environment, and that they maintain regular contact with their families; (paras 90&91) UN Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment Mr Nowak Country visit: 4-11 Match 2007 Report published: 22 November 2007 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 rigourously 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 (paragraph 50). African Committee of Experts on the Rights and Welfare of the Child Report date: 9 November 2009 Children in the criminal justice system: The report reveals that there is an estimated 6,000/= children in juvenile and retention centres. The report further reveals that 1/3 of the juvenile offenders are locked up with adults in crowded cells, [and] are subjected to police brutality (recommendations and concerns, 10). Universal Periodic Review (February 2009) A-25. [adopt 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); (accepted) Inconsistent minimum age of criminal responsibility across states UN Committee on the Rights of the Child (Concluding Observations, June 2010) [T]he Committee ... expresses great concern over information indicating that there is no minimum age for criminal responsibility In this regard, the Committee recommends the State party, inter alia, to: African Committee of Experts on the Rights and Welfare of the Child Report date: 9 November 2009 Although the Child Right Act provides for the establishment of juvenile justice system and prohibits imprisonment of children and provides the establishment of children and family court, the Committee recommends the State party do ensure the full implementation of juvenile justice standards. Ensure that the minimum age for criminal responsibility is applicable in all the 36 States (recommendations and concerns, 10). Ethnic tension and violence affecting children UN Committee on the Rights of the Child (Concluding Observations, June 2010) The Committee is gravely concerned about the impact of inter-communal and political violence on children, including reports that children have been victims of extrajudicial killings by law enforcement agencies. Ethnic conflict is also referred to as among the main causes of orphanage. The Committee urges the State party to: UN Committee on the Elimination of Racial Discrimination Last reported: 15 and 16 August 2005 Concluding Observations adopted: 19 August 2005 [I]nter-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). UN Special Rapporteur on Freedom of Religion or Belief Ms Jahangir Country visit: 27 February- 7 March 2005 Report published: 7 October 2005 Ms. Jahangir recommends that the government take concrete steps to strengthen the education system throughout Nigeria to ensure children receive teaching on religious tolerance (paragraph 105). UN Committee on the Rights of the Child (Concluding Observations, June 2010) While noting that the Child Rights Act defines the child in accordance with the Convention and establishes the legal minimum age of marriage at 18 years, the Committee notes with serious concern that the definition of the child in some legislation domesticating the Child Rights Act at state level sets the age at 16 years (Akwa-Ibom state) or defines the child not by age but by "puberty" (Jigwa state), reportedly for the purposes of early marriages. The Committee also reiterates the earlier concern expressed in 2005 about the wide variety of minimum ages that are very low at state level. The Committee urges the State party to ensure that the definition of the child in legislation domesticating the Child Rights Act at state level is in full compliance with that of the Convention, including by amending the recently adopted Child Rights Laws in Akwa-Ibom and Jigwa states. To this end, the Committee urges the State party to intensify its ongoing dialogue with traditional and religious leaders and state authorities to enhance the understanding of the importance of conceptualising persons under the age of 18 as children with special rights and needs guaranteed under the Convention. The State party is recommended to use the example of the recent polio eradication campaign in this respect (paragraphs 26 and 27). UN Committee on the Elimination of Discrimination Against Women Last reported: 3 July 2008 [T]he 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 and 319). African Committee of Experts on the Rights and Welfare of the Child Report date: 9 November 2009 The Committee expresses concern in the contradictions and inconsistencies created by the application of the statute law, policy and customary practices. For instance the Child Right Act and the Constitution clearly define the age of majority as 18 years and entrench the fundamental rights of a child. However there is a rampant early child marriage especially in the rural areas where the median age of marriage for a girl is 15 years. It is noted in the 2003 National health survey about 35.8 per cent of teenagers aged 15-19 years were already mothers (recommendations and concerns, 2). High prevalence of child trafficking UN Committee on the Rights and Welfare of the Child (Concluding Observations, June 2010) The Committee welcomes the legislative, administrative and educational efforts taken by the State party to address child trafficking as outlined in its report, including the establishment of anti-trafficking units within the law enforcement agencies, including the National Agency for the Prohibition of Trafficking in Persons (NAPTIP), the increase in rescued victims of child trafficking and the investigation, prosecution and conviction of perpetrators and the adoption of a national action plan on trafficking in persons (2006). The Committee remains concerned however at the widespread character of child trafficking and that the State party remains a source, transit and destination country for trafficking of children. It notes with particular concern that the overwhelming majority of rescued victims of trafficking is girls for purposes of sexual exploitation and that successful prosecutions remain low. The Committee is also concerned that the link between human trafficking and international protection obligations are inadequate, particularly concerning children trafficked over international borders. The Committee urges that the State party continues its efforts to protect children from trafficking and sale. Specifically, the State party is strongly recommended to: UN Committee on the Elimination of Discrimination against Women Last reported: 3 July 2008 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 and 329). UN Committee on the Elimination of Racial Discrimination [H]uman 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 urges the State to provide support and assistance to victims, wherever possible in their own language (paragraph 22). African Committee of Experts on the Rights and Welfare of the Child Report date: 9 November 2009 Child trafficking: While acknowledging the measures taken by the State to combat trafficking of women and children including the adoption of trafficking in persons (prohibition law enforcement and act as amended in 2005). The establishment of the national agency for the prohibition of trafficking in persons and the various corporation agreements reached with other countries. The committee is concerned by the continuing prevalence and the extent of this problem especially the trafficking of children who become sex slaves or domestic workers. The committee urges the State Party to take measures aimed at reducing the vulnerability of girls as well as awareness raising an awareness campaign particularly in communities most at risk (recommendations and concerns, 11). Universal Periodic Review (February 2009) 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 organisations 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); (accepted) High prevalence of female genital mutilation (FGM), particularly in northern states UN Committee on the Rights of the Child (Concluding Observations, June 2010) While noting the multidisciplinary approach adopted by the State party to raise awareness and promote attitudinal change with respect to female genital mutilation (FGM), and that cutting tattoos or marks and female genital mutilation are made punishable offences in the Child Rights Act, the Committee is concerned about the high percentage of women who have undergone female genital mutilation. The Committee regrets the lack of up-to-date information on measures taken by the State party to prevent and eliminate harmful traditional practices, including progress in the implementation of its earlier recommendations. The Committee urges the State party, as a matter of priority, to: African Committee of Experts on the Rights and Welfare of the Child Report date: 9 November 2009 The practice of Female Genital Mutilation (FGM) is still prevalent especially in the Northern States. The committee is thus concerned by the lack of information in the State Parties Report on the measures taken and programme or strategies in place to combat early child marriages, entrenched harmful traditional and cultural practices that hinder the best interest of the child (recommendations and concerns, 4). African Commission on Human and Peoples' Rights Session held: 10-24 November 2008 The African Commission remains concerned: Universal Periodic Review (February 2009) 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); (accepted) Violence against children, particularly girls UN Committee on the Elimination of Discrimination Against Women Last reported: 3 July 2008 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 and 327). African Committee of Experts on the Rights and Welfare of the Child Report date: 9 November 2009 The Committee noted with concern the continued prevalence of violence against children especially gender based violence. There is lack of adequate machineries taken by the State party to prevent and combat violence, abuse and neglect against women and children. It is recommended that all forms of violence against children should be redressed and the perpetrators prosecuted and punished. It is necessary to create awareness and to sensitive care givers the Police, Public Officials and Health Providers about the pervasive nature of gender based violence. The committee recommends the established of support systems for victims of gender violence and to enhance co-operation with non-governmental organisations working in the area of child protection (recommendations and concerns, 6). Low enrolment and completion rates and gender inequality in schools UN Committee on the Rights of the Child (Concluding Observations, June 2010) [The Committee] welcomes the increased budgetary allocations for the education sector, the increase in primary school enrolment, and the improvement of infrastructure. ... The Committee remains seriously concerned however about: The Committee urges the State party, taking into account its general comment no. 1 (2001) on the aims of education, to: African Committee of Experts on the Rights and Welfare of the Child Report date: 9 November 2009 The committee notes with appreciation the instituted universal free primary and junior education up to the age of 15 years. This seems to have increased the gross enrolment from 37.6 per cent in 1999 to 88 per cent in 2003. According to the report the enrolment seems to decline drastically in 2006. The committee recommends that the state party do accord priority in the area of education and adoption of measures that creates an enabling environment for child retention in school. It is also noted from the report although education is free, it is unavailable in many parts of Nigeria, and there is high illiteracy among girls and women. The Committee request the State party to include in the next periodic report, information on programmes for child retention in school, student teacher ratio, gender disparities, corporal punishment in schools and the nature of facilities in place. The committee recommends the expansion of vocational training especially for children over 15 years who have graduated from compulsory free education and are unable to further their education. It is further recommended that there be developed cooperation with the local national and regional actors on the area of education of children (recommendations and concerns, 5). Universal Periodic Review (February 2009) 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); (accepted) High rate of child labour, particularly in domestic service, mining and agriculture UN Committee on the Rights of the Child (Concluding Observations, June 2010) The Committee notes the public awareness campaigns to combat economic exploitation of children and the undertaking of a survey in 2008 to identify the prevalence and nature of child labour as well as information on the establishment of child labour units in all states, and the formulation of a draft policy on child labour. The Committee however remains seriously concerned at the very high number of children engaged in worst forms of child labour, in particular reports of forced child labour in agriculture, construction, mining and quarrying, involving the trafficking of children from neighbouring countries. While noting the provisions prohibiting worst forms of child labour in the Labour Act (1990) and the Child Rights Act and information on an ongoing review of labour laws with regard to child labour, the Committee remains concerned that the State party lacks a comprehensive list determining the types of hazardous work that shall not be performed by children under 18 years of age. The Committee urges the State party to take all appropriate steps to eliminate exploitative child labour. Specifically, the Committee urges the State party to: African Committee of Experts on the Rights and Welfare of the Child Report date: 9 November 2009 The committee also noted the increased number of children subjected into labour; this is despite the State party's ratification of the ILO Conventions on the minimum age of admission to employment and the prohibition and elimination of all forms of child labour in October 2002. It is noted in the report there is a significant number of children in Nigeria working as domestic servants, in plantations, mining and quarrying sectors and as beggars on the streets. The report reveals an endemic problem of street children which is compounded by an Alamajiri system. According to this system children are attached to Imams (religious leaders) for religious teaching and instruction but the children end up in the streets as beggars (recommendations and concerns, 7). High rate of infant and maternal mortality and limited access to health services, particularly for women and girls UN Committee on the Rights of the Child (Concluding Observations, June 2010) The Committee nevertheless remains seriously concerned at the continued high rate of infant, child and maternal mortality (the second highest in the world) and the high incidences of preventable diseases such as malaria, HIV/AIDS and diarrhoea. It expresses its utmost concern at the significant geographical disparity between the northern and southern regions of the State party in terms of the coverage of vaccination, the very low percentage of children who received full immunisation, the rate of malnourishment, and incidences of child diseases, and the strong correlation between access to health care (including pre- and post-natal care) and the level of education and income. The Committee ... urges the State party, as a matter of priority, to: African Committee of Experts on the Rights and Welfare of the Child Report date: 9 November 2009 Child survival: Infant Mortality rates (IMR) is high. It was estimated to be 191 per 1000 life births in 1991. It went down to 133 in 1999 but shot up to 201 in 2003. The situation in rural areas is especially bad where it is estimated it is 1½ times higher than in the urban areas. The figures for some regions are also high such as the North-West which has 217 compared to 119 in South West. The main causes of the High causes of morbidity among children are Malaria 30 per cent, preventable diseases 22 per cent, acute respiratory infection 16 per cent and diarrhoea 10 per cent. The Committee is also concerned at the very low level of knowledge among mothers on basic health issues, such as about the use of oral dehydration solutions for diarrhoea. The committee recommends awareness–raising programmes for women on prenatal and post natal health care as well preventive measures, immunisation and nutrition. Ensure universal access to drinking water and sanitation services. The Committee would like to receive information on programmes and facilities put in place to ensure child survival (recommendations and concerns, 9). African Commission on Human and Peoples' Rights Session held: 10-24 November 2008 The African Commission remains concerned: