Submission on Nigeria –Fourth Round of the Universal Periodic Review, May 2009

This report is submitted by the Independent Project for Equal Rights- Nigeria (TIP), Treatment Action Movement Nigeria (TAM) and the Sexual Rights Initiative (a coalition including Mulabi – Latin American Space for Sexualities and Rights; Action Canada for Population and Development; Creating Resources for Empowerment and Action-India and others).

This report discusses sexual and reproductive health rights issues in the Federal Republic of Nigeria in relation to the following; Cultural beliefs leading to discrimination based on sex, gender, sexual orientation/preference, gender identity and/or expression; Sexuality education; Rights of organizations working on sexual rights issues; HIV/AIDS; Sexual and Domestic Violence against sexual minorities and people living with HIV/AIDS, and Sex work. Recommendations for the Nigerian government are provided after each section.

Background:

1. The Nigerian government became a member of the United Nations on October 7, 1960[1] and since then had signed to the following international human rights treaties: International Covenant on Civil and Political Rights; Convention on the Elimination of Discrimination Against Women (CEDAW); International Covenant on Economic, Social and Cultural Rights; Convention Against Torture and other Cruel, Inhuman or Degrading Treatment or Punishment; Convention on the Rights of the Child; and International Convention on the Elimination of all Forms of Racial Discrimination. At the regional level, Nigeria is a member of the African Union and it has signed the African Charter on Human and People’s Rights (ACHPR).

Cultural beliefs leading to discrimination based on sex, gender, sexual orientation/preference and gender identity[2]:

2. Nigerian society is dominated by two religions: Islam and Christianity. They are the main source of our Nigerian religious value systems, which affect sexual attitudes and behavior. Christianity, for instance, expects men and women to hold in high esteem the religious value of sexual purity. Girls are expected to be virgins at the time of marriage. Islam allows female children to be given in marriage before the age of puberty, to ensure that the female child is a virgin at marriage. Similarly, Christianity and Islam emphasize that adultery and homosexuality are unacceptable. However, Nigerian culture holds different expectations for men and women. Nigerian culture allows and even encourages a man to contract polygamous marriages. While extramarital sex is publicly frowned on, a man who engages in extramarital sex is privately hailed for his behavior. The same culture deals severely and ruthlessly with married women caught in adultery. In both the Islamic and Christian religions, a man can ask for and be granted a divorce if his wife is confirmed to have committed adultery. This is not however the case if a wife discovers her husband’s illicit affairs with other women.

3.  Men believe that the only things that women are responsible for are their fertility and the sex of their children. Thus quarrels and even divorce arise where a marriage does not produce a child or when only female children are born. Local interpretations of both the Islamic and Christian faiths forbid men to accept sexual advances from their wives. That is, sexual advances should be made only by men, and not by women.  Our culture believes that men have stronger sexual drives and need more sex than women do. These cultural beliefs are enhanced by religious beliefs. It is tradition and culture that socialize women to be sexually submissive to men.

4. Economically, Nigerian women are expected to be dependent on men in line with their traditionally assigned roles of wives, mothers, and homemakers. Whereas men are trained for remunerative employment outside the home, the process of socialization prevents, limits, or demobilizes women in their march to economic emancipation. Men are regarded as the breadwinners of the family. Because “he that pays the piper dictates the tune,” men make all major decisions in the family, such as number of children the spouse should have, the spacing of births, the couple’s sleeping arrangement, use of contraception, and even the type of contraceptive used. Although this is a general cultural value, it does vary with the couple’s level of education.

5.  Although Nigerian role stratification is unequivocally male-oriented, as principal actors in child socialization, women unfortunately are used as instruments for its propagation, enforcement, and perpetuation. There is a thriving attitude in Nigeria that a male child should, among other things, exhibit decision-making skills, whereas a female child is expected to be passive, submissive, and portray the “nice girl” image, an image which attempts to control women socially through value construction.

6.  Recommendations:

o      Harmonize statutory, customary and religious laws with Nigeria’s international human rights obligations, to ensure full enjoyment of fundamental human rights by women and sexual minorities

o      Collaborate with civil society organizations and other relevant actors to raise awareness about all discriminatory aspects of legal provisions and practices, with view to eliminating them.

o      Amend the divorce law to guarantee that women have the right to file for a divorce in full equality with men.

o      Criminalize all forms of discrimination against women included those based on civil status.

Sexuality Education[3]:

7.  The culture of silence around sexuality has resulted in little or no structured way of teaching Nigerians about it. The majority of Nigerians have the misconception that sexuality is equivalent to coitus. This has been a major obstacle to the integration of sexuality education into school curricula and other youth-related activities.

8. There have been some efforts by Non-Governmental Organizations (NGOs) to assure that marginalized groups have access to sexuality education. This effort is increasing as data from studies continue to show that five out of ten girls and seven out of ten boys have had sexual intercourse at least once by the time they leave secondary school. In 1999, the federal Ministry of Education renewed its commitment to implement the Guidelines for Comprehensive Sexuality Education produced by about 20 governmental agencies and non-governmental organizations in 1996[4] but the actual providing of sexuality education was left to the discretion of each particular school. As a result, some religious conservative schools have ignored it. However, other schools have progressed in sexuality education and subjects like HIV/AIDS and homosexuality are being discussed in schools, depending on the class grade.

9. The government has been working to get POP/FLE (population and family life education) into the schools’ curricula, and this effort is ongoing, but not fully successful yet on a national scale, as adolescents are considered immature for whatsoever topics related to sex.

10. Despite the lapses in sexuality education in Nigeria, young people nevertheless learn about sex. They acquire sexual knowledge from various media such as storytelling myths, peer groups, television programs, films, parents and other relatives. In Nigeria, where there is great diversity in ethnic group and religion, this influences the exposure of individuals to informal sexuality education. For instance, a particular denomination of Christians does not watch television. For adolescents who belong to a family in this denomination their only possibility to learn about sex will be through their peers. This makes formal learning about sexuality educations in schools the more needed.

11. Recommendations: 

o      Make the Guidelines for Sexuality Education compulsory to all Nigerian schools and all levels of education.

o      Work with schools, civil society organizations, families and other relevant social actors to achieve consensus on the minimum contents that must be taught to all students, regardless of their particular religious and social backgrounds. Allow space for discussion and inclusion of different points of view.

o      Ensure the passage of the Freedom of Information bill pending in the National Assembly, that will allow for better circulation of scientific and educational materials on sexuality-related issues.

Rights of sexual minorities[5]

12. On January 19, 2006, Former Minister of Justice Bayo Ojo with support of the Former President Olusegun Obasanjo presented to the Federal Executive Council an "Act to Make Provisions for the Prohibition of Relationship between Persons of the Same Sex, Celebration of Marriage by Them, and for Other Matters Connected Therewith."

13. In its draft formulation, the law provided five years imprisonment for any person who "goes through the ceremony of marriage with a person of the same sex," and also for he/she who "performs, witnesses, aids or abets the ceremony of same sex marriage", including priests or clerics. It also prohibited any public display of a "same sex amorous relationship," and adoption of children by lesbian or gay couples or individuals. In addition, the draft bill invalidated same sex relationships formally entered into or recognized in foreign jurisdictions.

14. On February 14, 2007 the bill had its last hearing and decision on its passage was not made till the end of the last political dispensation[6].  Though the bill is assumed to be dead, it could be re- introduced by the current government and as such it constitutes a threat to sexual minorities in Nigeria (as well as to organizations working on sexual rights issues, as explained in the next section)

15. Already the Federal as well as the Shari’ah Penal Code applied in Nigeria criminalize sexual minorities especially men who engage in consensual same-sex relationships. Chapter 21 section 217 of the Federal Penal Code states that “Any male person who whether in public or private, commits any act of gross indecency with another male person, or attempts to procure the commission of any such act by any male person with himself or with another male person, whether in public or private, is guilty of felony and is liable to imprisonment for three years”[7]. According to the Shari’ah Penal Code, any male convicted of an homosexuality act is liable to death by stoning.

16. Currently, there had not been any record of the enforcement of any of these laws, however its existence threatens the freedom of sexual minorities and contravene international standards to which Nigeria has adhered (i.e. International Covenant on Civil and Political Rights).

17. Recommendations

o      To repeal Section 217 of the Federal Penal Code in accordance with the Human Rights Committee reading of the International Covenant on Civil and Political rights, that Nigeria has signed (and by which penalizing consensual same-sex practices between adults of the same sex equals discrimination based on sex and as thus violates Article 2 of the ICPR).

o      To harmonize religious/customary law with the country’s international human rights obligations as well, particularly with the ICPR.

Organizations and human rights defenders working on sexual rights issues[8]:

18.The draft bill mentioned in paragraph 14 above also prescribed 5 years of imprisonment to "anyone who is involved in the registration of gay clubs, societies and organizations, sustenance, procession or meetings, publicity and public show of same sex amorous relationship directly or indirectly in public and in private." Though the bill is assumed to be dead, it could be re- introduced by the current government and thus it constitutes a threat to sexual rights advocacy groups in Nigeria.

19. Organizations working on issues affecting sexual minorities in general are discriminated against and deprived of the possibility to formally register with the Corporate Affairs Commission. These organization are often perceive to be breaching some “religious and cultural norms”.

20. Recommendations:

o      Sensitize government departments and State authorities on human rights to ensure the improvement in the situation and safety of human rights defenders in general, and specifically of those working on sexual rights issues.

o      Ensure registration of human rights Non-governmental Organization with the Corporate Affair Commission without prejudice due to the issues they work on.

HIV/AIDS[9]:

21.   UNAIDS has predicted that the number of Nigerians infected will continue to rise through 2010 between 5.5 to 8.4 million[10]. At least about 4.4% of the Nigerian population is infected with HIV according to the Sentinel Survey of 2005. The rates vary significantly from state to state and from zone to zone. Some states like Cross River and Benue show an HIV prevalence rate of up to 10 %[11]. As in other countries, HIV prevalence in urban areas is generally higher compared to the rural areas. Nigeria has been able to track the changes in the national prevalence of HIV for over a decade; from 1.8% in 1991, 3.8% in 1993, 4.5% in 1995, 5.4% in 1999, 5.8% in 2001, 5.0% in 2003 and 4.4% in 2005. Though there has been a decline in the prevalence from 2001 till the last survey done in 2005, it may not yet be true. The Sentinel Survey which was conducted by the Federal Ministry of Health (FMoH) indicated the HIV prevalence among pregnant women attending Antenatal Care (ANC). While it is important to note that using pregnant women visiting Ante Natal Clinics is a globally accepted standard for surveying the prevalence in countries, it is equally important to note that it might not present the real situation or prevalence of the virus.

22.  Sexual minorities and women still constitute the most vulnerable and at/risk groups to HIV infection in Nigeria. In 2006 UNAIDS estimated that women accounted for 61.5 percent of all adults aged 15 and above living with HIV in Nigeria while the 2007 Integrated Bio-Behavioral Surveillance Survey (IBBSS) organized by the Federal Ministry of Health demonstrated that 13.5% of men who engage in same-sex practices and over 30% of all female sex workers were infected with HIV[12]. Besides the biological vulnerability to HIV infection that women and sexual minorities experience, other reasons –including the cultural and religious beliefs highlighted in the first section- account for their vulnerability. Also, these groups are underserved as regard to HIV prevention. Sexual minorities are exposed to discrimination and violence, that further fuels their vulnerability to the infection. Issues such as their homeless –after being expelled of their homes by their families or by a landlord who has become aware of their sexual orientation - and exclusion from schools and the labour market, also play a key role in increasing their vulnerability.

23. The incidence of HIV/AIDS/STIS among young people is on the increase. The highest prevalence rates can be observed in the age groups 20-24 (4.7) and 25-29 (4.9). In Nigeria the misconceptions about HIV/AIDS among high school adolescents have heightened fears about the spread of HIV among them. Some have labeled AIDS with other names to suit their belief and behavior: kanjamau (drying up) in the northern part, anaakande (slim sickness) from the north central, itia-ita (drying up ) from the south-south region of the country.They assume it affects adults and not teenagers or just rich people; or that demons/witchcraft send it, amongst other beliefs. Even where treatment facilities exist (see next paragraph), most youth PLWHA are either unaware of the availability of such services, cannot afford them or stay away from them because they are not youth friendly. Many do not understand the care that they now require on account of their condition, unfortunately believing it to be terminal from the very moment they become aware of their status. The discriminatory practices of health care workers, wrong policies, or lack of policies by health care facilities and the general fear, stigma and discrimination expressed towards youth PLWHA result in fear and reluctance to access health services by youth PLWHA, which in turn jeopardize the exercise of their right to health care.

24.  The overall national response to HIV/AIDS is multi-sectorial and is focused on increasing awareness about the epidemic, promoting behaviour change, providing care and support for PLWHA and establishing an effective surveillance system. The Government HIV/AIDS initiatives are concentrated in tertiary health facilities, which are located in urban settings. But there is inadequate HIV knowledge even amongst our health care providers. Some still belief that caring for PLWHA can infect them, so they refuse to treat them. A typical example is when a in-patient in a general hospital tests positive to HIV, the person was left uncared for until the nurse that was incharge of the HIV Counseling Centre came to work

25.       The overall goal of the National Workplace Policy on HIV/AIDS is to provide guidelines to the government, employers, workers and other stakeholders and programs for promoting and protecting the rights and dignity of workers infected and affected by HIV/AIDS. Unfortunately, its guidelines are not being implemented. PLWHA in Lagos state and Nigeria in general continue to face one form of discrimination or the other. PLWHA are repeatedly fired from their jobs, denied employment, ejected from their rented apartment, denied rights to education and inheritance, face difficulties obtaining travel insurance to cover any HIV-related illnesses or travel restrictions to many countries on account of the HIV positive status. All this is coupled with already a life-changing event causing shock, grief, and a sense of loss of control over one’s life because of an HIV diagnosis.

26. Recommendations:

o      Recommendations in paragraphs 8 and 19 above are also relevant to reduce women and sexual minorities’ vulnerability to VIH and to facilitate their diagnosis and treatment in case of infection.

o      In cooperation with civil society and other relevant actors, develop and circulate educational and awareness-raising campaigns on HIV/AIDS tailored for different sectors, including women, youth and sexual minorities. To actively promote through those campaigns the whole variety of behaviors that can help avoid infection (abstinence, being faithful, using condoms) and to stress the fact that each person, and particularly each youth, should have the freedom to choose the method that seems more suitable to her/his circumstances, and to change that method if her/his circumstances change, without blame or guilt.

o      Provide social and economic support to women, youth and sexual minorities living with HIV/AIDS in the form of subsidies, job training, subsidized housing, scholarships, etc.

o      To ammend the Constitutional anti-discriminatory clause to include HIV status as a protected category against discrimination.

o      Working together with civil society and particularly PLWHAs, to elaborate and implement campaigns to raise awareness among PLWHA about HIV/AIDS and the implications for their health, as well as about their rights.

o      To assign the task of advocating and protecting the rights of PLWHA to specific government bodies, that is, the National Agency for the Control of AIDS (NACA) and guarantee full participation of PLWHA in the design, implementation and monitoring of programs and policies related to them.

o      To implement the National Workplace Policy on HIV/AIDS and monitor its implementation accordingly.

o      To decentralize treatment centres and create more youth friendly centres

o      To provide free comprehensive treatment to PLWHA encompassing provision of ARV, treatment of opportunistic infection, follow-up baseline test nutritional support and palliative care if and when needed.

Sexual and Domestic Violence against sexual minorities and people living with HIV/AIDS[13]:

27.  Domestic violence is a serious and to some extent hidden social problem in Nigeria. Violence and abuse within families and couples is especially serious, and has major ramifications for all those affected. Domestic violence is unacceptable and it is also a human rights violation[14]. Thus, every effort must be made to prevent and combat it.

28.  Beyond the usual stereotype of domestic violence being only sex-based and thus aimed at women, in Nigeria people living with HIV and sexual minorities are often also vulnerable to domestic violence on the grounds of their sexual orientation, gender identity or HIV status. Sometimes such violence is perpetrated by family members and can take the form of expulsion from the home or physical aggression. Lesbians and homosexuals in same-sex relationships also might experience domestic violence from their partners. TIP has documented incidences of sexual and domestic violence faced by LGBT persons especially in Lagos state. However, the Nigerian state has no policies to address these situations.

29.  In terms of rape, our legislation is narrow in scope. It proceeds from the premise that only women can be victims of this crime, and fails to recognize that men can also be victims of rape, either by other men or by women. Several rape cases had been reported to TIP by trans-men and women who are particularly vulnerable to rape based on their physical appearance that appears “provocative” to their perpetuators.

30.Recommendation:

o      To reformulate rape laws and domestic violence laws be reformulated in a gender neutral language, to cover all individuals.

Sex work:

31.  Sex work is illegal in Nigeria. The Criminal Code Act (Law of the Federation of Nigeria 1990) in its Chapter 77, sections 225-226 describes sex work as “an offence against morality”. The laws criminalize trafficking of women for the purpose of sex work as well as psychological coercion of girls to engage in sex work.  However, the law fails to recognize that some individuals might choose to engage in sex work without coertion from third parties.

32. Due to social stigma but also to the illegal status of their trade, sex workers are vulnerable to violations of their rights by the police, particularly harassment and violence, and have scarce opportunities to expose those violations and seek redress.

33. Recommendations:

o      Decriminalize non-coerced sex work, while retaining penalties for traffickers and others exploiting sex workers.

o      Use the State law-enforcement mechanisms to prevent and sanction human rights violations against sex workers, such as labour exploitation, sexual exploitation, sexual and physical violence.

(arriba)