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DOMESTIC, REGIONAL, AND INTERNATIONAL
PROTECTION OF NIGERIAN WOMEN AGAINST DISCRIMINATION: CONSTRAINTS
AND POSSIBILITIES Mojúbàolú Olúfúnké Okome Discrimination against women
is defined by Article 1 of the United Nations Convention on the
Elimination of all forms of Discrimination Against Women of 1979
(heretofore referred to as the 1979 Convention or CEDAW) as "any
distinction, exclusion or restriction made on the basis of sex which
has the effect or purpose of impairing or nullifying the recognition,
enjoyment or exercise by women, irrespective of their marital status,
on a basis of equality of men and women, of human rights and fundamental
freedoms in the political, economic, social, cultural, civil or any
other field." By May 2001, 168 countries had ratified CEDAW.
Forty-six of them are African. Nigeria signed the convention on 23
April 1984 and ratified it without any reservations on 13 June 1985,
and it ratified the optional protocol to CEDAW on 8 September 2001.
[1] It made its first report to the Committee
on the Elimination of all forms of Discrimination Against Women in
1986, and submitted its second report in 1998. [2] As defined by the CEDAW,
discrimination is symptomatic of a situation where patterns of structural
inequality are maintained by rules, norms and procedures that dictate
a subordinate role for women in all spheres of society. This call
for an end to all forms of discrimination against women emphasizes
the need for a radical re‑definition of the process and content
of economic, social and political development. It stresses the
need for a holistic orientation which acknowledges the vital role
of women in development and engineers their integration into development
processes as equal partners with men. For this purpose, it is
argued that legal and substantive protection at the domestic, regional
and international levels must be coordinated for more meaningful enhancement
of both the status and situation of women. This paper approaches questions
concerning human rights and discrimination against women from a perspective
that differs the dominant view within the human rights literature.
This scholarship has an intrinsic pro-Western bias and operates on
the implicit assumption that international human rights have their
origins in Western liberal thought. [3] Contrary
to this dominant perspective, I argue that all human societies have
a conception of human rights, even though there are cultural differences.
The existence and defense of national, regional and international
rights of Nigerian women against discrimination then must necessarily
be located within Nigeria's particular historical experience from
the pre-colonial era to contemporary times. The promotion and defense
of such rights would be meaningless otherwise. Moreover, I argue
for the combination of efforts that tend to be separated in scholarly
activities to date. The identification of instances of discrimination
and the struggle to defend and extend women’s rights has to be
critically examined in light of the power relations that structure
the regime of human rights worldwide. This paper argues that
in this regime, both western thought and western feminist groups are
privileged. Within the international
human rights literature, the problem of discrimination has been conceptualized
as involving the denial of self‑determination to women.
This paper considers discrimination as resulting from the creation,
maintenance and perpetuation of structures of inequality against women
as opposed to men. It also argues that the Nigerian government
and human rights activists, by being more responsive to the international
regime of human rights, do not pay sufficient attention to indigenous
philosophies and traditions about respecting human rights, perpetuating
the notion that the only way to guarantee human rights in Nigeria
is to blame all contemporary human rights abuses on the persistence
of traditional mores. In so doing, they often consider the embrace
of international protections of human rights as the only avenue to
progress. Individuals play an
instrumental role in the creation of structures, their maintenance
and their transformation. The development of alternative rules, norms
and procedures provide the avenue through which structural transformation
may be engineered. The process of engineering transformation
involves both the manipulation of rules, norms and procedures as well
as organization for political action by women to protect what rights
they have, enhance the quality of protection and increase the comprehensiveness
of the rights to which they are entitled. In this view, the agent-structure
concept is useful for understanding the centrality of structures in
constraining as well as enabling human agency. A structure can limit
or foster change, but structures also allow for the transformative
intervention of human agents. The exercise of agency to foster
change, whether in the area expanding existing rights, or of demanding
new rights, should not be seen as limited to the contemporary period.
There are historical examples of women exercising rights, pushing
for their extension, and actively defending these rights. The focus of this
paper is on the constraints and possibilities that shape the environment
of Nigerian women and either enable them to surmount the problems
arising from discrimination or limit their ability to do so. The central
thesis is that discrimination against women takes different forms
in different societies and historical epochs, thus requiring differential
strategies in each place and time. The evaluation of discrimination
against women in Nigeria shall focus on the quality and content of
domestic constitutional, regional, and international protection and
guarantees and the extent to which these de jure guarantees
may or may not necessarily reflect the de facto condition of
women in Nigerian society. In addition, the following questions will
be addressed: First, in what ways have structures of inequality
been created in the society and how do these structures affect the
role of women in contemporary Nigeria? Second, how can concrete
problems that have a direct bearing on the role of women in society
be conceptualized and contextualized? Third, how is compliance
with existing law to be enhanced in order to generate practical results?
The paper is divided into three parts, each focusing on one of the
questions posed above. STRUCTURES OF INEQUALITY:
THEIR CREATION AND IMPACT ON THE ROLE OF WOMEN IN CONTEMPORARY NIGERIAN
SOCIETY It has been argued that pre‑colonial
Nigeria had a gendered division of labor. However, the nature and
implication of such a division of labor is often misinterpreted. While
male dominance was built into the social system of some Nigerian ethnic
groups, women played a significant and vital role in all aspects of
the lives of their community. [4] For some scholars, this is due to the complementarity
of male and female roles and functions. [5] Complementarity
gave women a great deal of autonomy in their own affairs. [6] Although
some women became leaders in politics, religion, and the economy,
discrimination was on the basis of both class and gender. Women who,
by virtue of their acquired or ascribed status became decision makers
were by no means treated in the same way as other women in terms of
their rights.
[7] Elements of structural inequality could be
observed in unequal access to the means of production and control
thereof as well as inequality in the ability to control reproduction.
Scholars such as Olufemi,
Pittin and VerEecke, as well as activist groups such as Women’s
International Network (WIN) and the Civil Liberties Organisation (CLO)
contend that ideological reinforcement for structural inequality is
provided by customs, practices and norms. [8] Drawing on the
Country Reports on Human Rights Practices For 1991 that was submitted
to the United States Congress House Committee on Foreign Affairs and
Senate Committee on Foreign Relations, WIN acknowledges the long-standing
nature and ubiquity of women’s economic power in Nigerian society,
concluding "[W]omen have always had some economic power and have
exerted influence in Nigerian society through women's councils, family
connections, and to a much lesser extent, mainstream social, economic
or political organizations.” [9] The
report recognizes that in Nigeria there are regional religious and
ethnic variations in the pattern of discrimination against women,
but indicates that men are legally able to prevent their wives from
working, from obtaining passports, and rural men routinely beat their
wives without any legal intervention. Access to land and right
to inheritance of spousal property are also denied women, as is access
to jobs for single women. Given the record of government non-performance,
it is also questionable whether Nigerian women’s rights organizations
would believe in the veracity of its promise to investigate. The protection
and expansion of women’s rights then is clearly another instance
where the exercise of power by affluent countries is taken for granted,
and the readiness of poor countries to submit themselves to scrutiny
while never examining the affluent country’s behavior is also
taken as a marker of responsible international behavior. The report
also presents its assessment in language that is unreflecting and
relatively ignorant. Again, a quote is instructive. It indicates
a biased portrayal of the common practice of exchange of money upon
marriage, bride-wealth, provided by a husband’s family in some
ethnic groups, including the Yorùbá, or dowry, which is provided by
the woman’s family in other ethnic groups, including the Hausa-Fulani.
According to WIN, The Government publicly
opposes female circumcision, which reportedly affects close to 50
percent of the female population, The most dangerous form, infibulation,
is still practiced in some areas. However, because of the deep cultural
roots of this practice, the Government has relied primarily on education
through women's and public health organizations to help induce change
in attitudes rather than trying to criminalize the practice. Public
education has had some effect, but change has been slow. The Government
also opposes the selling of young girls for marriage by poor rural
families, again primarily through educational means. There are
no estimates of the extent to which this practice is carried out.
(my italics) [10]
Pittin and VerEecke contend that colonialism also contributed to the
diminution of women’s rights. [11] VerEecke argues
that the women in Yola were extensively involved in agricultural production
before the Fulani Jihad of the 18th century. Loathe to
be identified as slaves in an economy that subsequently depended on
slave labor for agricultural production, women were influenced by
Islamic injunctions and embraced purdah. Pittin attributes
discrimination against women in education to the influence of colonialism.
In response to the debate over pre-colonial Muslim women’s access
of to education, Pittin says: The extent to which
less high-born Muslim women in the pre-colonial period had access
to any education, much less the opportunity to pursue it, is still
shrouded in the mists of history. It is likely that most women were
given only the most limited of Muslim education, if at all. Indeed,
the issue of access to education or of opportunity for continued education
probably rarely arose, given the responsibilities accorded women and
girls in the domestic sphere, particularly where slaves and servants
were not available (or where the women were themselves slaves or servants!),
the early movement of women into marriage and child-bearing and their
involvement in farming, processing, and petty commodity production.
Thus, historically, gender and class were prime determinants in limiting
women's educational opportunities, with ideology concurrently providing
bases both to support such education and to limit it.
[12] It is hard to argue
with Pittin’s contention that gender and class were the prime
limiting factors to women’s opportunities for education, but
if the problem is that Muslim women’s education is “shrouded
by the mists of history”, then, scholars must look for evidence
of what happened in the past without equating a lack of information
with a lack of opportunity. The Civil Liberties
Organisation of Nigeria stated: The discriminatory
burdens placed on women include those of chastity, of making marriage
work at all cost, of fertility and fertility control, and the burden
of being “clean and desirable” as symbolised by female circumcision.
Others include the burden to prove rape both in the community and
in a court of law, to raise ‘good’ children, and to mourn
their husband to the taste and dictate of his relatives. Compared
to men, Nigerian society treats women as little better than beasts of burden.… [13] In comparison, Olufemi’s
earlier contention is even more problematic. In traditional Nigerian
societies, the woman's role was taken for granted. She was expected
to nurture the children and take care of the home. Such traditional
views had consequences which did not augur well for social and economic
development. Women were given fewer educational opportunities than
men. They were also denied jobs in such male dominated occupations
as engineering, architecture and town planning.
[14] This illustrates a bias that
automatically assumes that traditional (read pre-colonial) societies
were bastion of reactionary and unprogressive practices that marginalized
women. Temisanren refines
the argument about pre-colonial sources of discrimination against
women, contending that some practices may have been relevant at the
time they emerged but have become questionable given the changes in
society over time. Temisanren documents Yorùbá women’s attempts at guaranteeing
abortion rights but claims that these women are manipulated, thus
undermining their autonomy. [15] Ade Aderinola
also gives documentary evidence of how historical changes in land
tenure have affected food production and women farmers’ productivity
and social status. [16] Ogede,
focusing on orature, uses the case of Igede women’s songs to
demonstrate that the assumed ubiquity of male dominance and women’s
ad nauseaum submissiveness can be challenged if we look beyond
the written word. [17]
Even in contemporary society, there are living
examples of alternative responses to male dominance. [18] Other scholars, including
Yoloye, Ogunlade and Erinosho, while specifically considering the
low participation of women in science and technology, argue that the
socio-economic backgrounds of women can constrain or enable women’s
access to rights and entitlements in society. [19] These
studies show a correlation between socio-economic class and a career
in science and technology. Ehindero links a woman’s self-concept
with whether she will select a career in science and technology. [20]
This argument is related to those that emphasize socio-economic background,
yet it is distinct from them that an individual’s socio-economic
background contributes to an individual’s socialization and thus,
his or her self-conception. Based on the reports provided
by Women’s International News, one could well believe
that discrimination continues because the government allows the perpetuation
of customary and religious practices. [21]
However, one must be wary of these arguments. They assume that the
customs, practices and norms in question arise from pre-colonial practices.
This is erroneous. Examining the historical origin of contemporary
practices reveals a more nuanced picture, as does analysis of orature,
arts and aesthetics. Temisanren documents the contemporary experience
of Yorùbá women, while Aderinola’s work attempts to do this for
the Ondo Yorùbá. [22]
Works such as these make it clear that there are distinctions among
Nigerian societies as to the customary treatment of men and women.
In some cases, women were disadvantaged more by the imposition of
colonial rule and its code of law. More studies that take sub-sections
of large ethnic groups and trace the history of contemporary conditions
are necessary. Ogede raises a significant point: women who are not
Western-educated have multiple tools and strategies at their disposal
that may be lost to their Western educated counterparts, particularly
due to the dearth of written literature by women on traditions of
autonomy and protest against the abuse of social, economic and political
power. [23]
Ehindero, Yoloye, Ogunlade and Erinosho’s analyses of the low
participation of women in science and technology indicate that money
and class matter, as does an individual’s socialization process.
Still, much of the literature
on women’s rights tends to lay the blame for continued discrimination
against women at the feet of amorphously defined “traditions”
understood as rigid artefacts of a distant and brutal past.
Alele-Williams in considering the discrimination against women in
science and technology careers, argues that cultural standards, values,
and practices structure beliefs about gender roles and the production
of knowledge.
[24] This argument would only be tenable
if colonialism is accepted as a determinant factor in structuring
surviving traditions. Yet colonialism is widely considered to
have introduced modernity and African cultural practices are considered
the bastion of tradition. There is association of modernity
with fluidity and progress, while tradition is basis for conservative,
reactionary instincts. Temisanren, Aderinola and Ogede show
that such definitions are limited and problematic. Chief Bisi Ogunleye founder
and National Coordinator of the Country Women Association of Nigeria
(COWAN) and the Vice-President of the Forum of Africa Voluntary Development
Organization (FADO) West Africa, also considers entrenched discrimination
against women farmers but frames this as a problem that is general
among the poor. Ogunleye blames African governments, multilateral
agencies and institutions for bringing about this problem while calling
for the restoration of the rights of women. Ogunleye frames
women’s entitlements and rights in terms of restoring equitable
access to resources. She contends that the rights once existed but
were eliminated over time. State responsibility and culpability in
the denial of women’s rights is clear. The contemporary
African state did not spring de novo from its environment.
It has its roots in the imposition of draconian forms of colonial
rule on African peoples. The tragedy of the contemporary state
is that it still fails to rise above the colonial detritus of wanton
disregard for people’s rights. Ogunleye contends that individuals
and groups representing the state and international institutions make
claims for these rights. Thus, her critique is directed at securing
rights and making claims against powerful institutions on behalf of
relatively powerless actors. She does not exclude men, but claims
higher priority for women. Ogunleye’s analysis
could be improved if she considered the origin of international institutions
and of African states, as well as the origin of the philosophy and
perspectives that inform the international development regime.
In Africa, the contemporary state has a colonial origin. The
international system privileges powerful industrial and post-industrial
states in policymaking and policy articulation. The recipients
of policy output are poor states that have been compelled to more
fully integrate their economies into the international capitalist
system. Another source of problems
that militate against women’s rights is that most of the administrative
practices which prevent equal treatment of Nigerian men and women
are products of colonial laws and government. A case in point is the
legal assumption that only males are the heads of families.
Another is the assumption that a woman must prove that she was not
responsible for bringing discriminatory practices upon herself.
A third problem arises from the lack of resources to pursue the legal
remedies that may be available. While there are admirable and
significant efforts being made by some lawyers’ and women’s
groups to provide free legal assistance, these efforts remain inadequate.
In feminist literature, discrimination
against women is taken to manifest itself in the forms of gender,
class and personal discrimination. [25]
In some perspectives, discrimination is attributed to structural factors.
Some scholars contend that the most important structural sources of
discrimination are social formations such as the family, which conditions
its members to conform to socially acceptable gender roles.
Although the pre-colonial division of labor in Nigeria was based on
gendered distinctions, social definitions of men’s and women’s
work varied by community/society. Maleness did not necessarily
determine status within the family. Seniority mattered to a
greater extent than at present. Thus, in the ideal Yorùbá family,
a senior daughter of outranked a junior brother when important decisions
were made within the family. Today, there are many concrete examples
of men that act “patriarchally” in the sense that male privilege
is entrenched in social, economic and political relations. Such examples
are a reflection of present circumstances, however, their existence
must be interrogated rather than taken as representative of past conditions.
The process of asserting
authority and creating norms is one that involves groups in society
mobilizing to take advantage of shifts in ideology as new hegemonic
forces overcome old centers of power. Men as a group were able
to benefit from the Victorian sensibilities of the colonialists and
their understanding of social relations. The Victorian mind-set
situated men and women differently in social, political and economic
relations. Men were expected to be in the public sphere, and
women in the private. Men could hold positions of power, and
women were expected to support them by taking care of the household.
The fact that women had been active in producing, decision‑making,
trading and food processing, as well as in child‑rearing, was
not recognized. [26] In addition,
elders were privileged more than the young, and husbands more privileged
than wives. The significance of social differences between Victorian
and African societies is illustrated by the Yorùbá and Ibo.
In these societies, not only men were husbands. All the members of
the patrilineage into which a woman married, male and female, stood
as husbands in relationship to her. Relationships such as these are,
however, not sexual. [27]
In addition, the relationships should not always be conceptualized
in terms of gender. [28] There is ample
evidence of women's activism politically, socially and economically
which challenges the Victorian assumption of automatic male superiority.
[29] The ideological dimension
of discrimination becomes evident when one considers the extent to
which the discourse on rights is shaped by the language, ethics and
moral judgements adopted from the West. The meanings, ideals,
and practices of non-Western peoples tend to be viewed through the
lens of the West and assessed through theories derived from Western
historical experience. Paradoxically, activist groups and scholars
that support the expansion and promotion of women’s rights are
thus subject to the pitfalls that come with drawing on such a tradition.
Negative stereotypes of the role of women in pre‑colonial society
are stressed, even by scholars and activists who claim to be pro-feminist.
In an attempt to promote and defend women’s rights, Women’s
International News Reports spotlight the problems without sufficiently
highlighting the achievements of women or the rights that they enjoy
already.
[30] Since Western interpretations
are privileged, Western scholars and activists set the agenda of important
issues. Women’s rights groups, in Nigeria, that are sponsored
by Western feminist groups often pursue this agenda. The terrain
of rights and their defense then tends to look highly homogenous.
Dissenting voices and alternative strategies are shut out not only
when it comes to fighting against institutionalized abusive practices,
but even when it comes to interrogating reality and setting priorities.
As there are not many studies available, the few that have the prominence
and wide reach that Western grants buy, shape the sensibilities of
the world on the current struggles are and situation of women.
We do not get a nuanced view of women in Nigeria or Africa in comparison
to the situation of women in the West whose experience is analyzed
with more historical accuracy. In short, the above cited examples
are so general in their critiques that they create an inaccurate image
of Although Nigerian women are portrayed as excluded from most decision‑making
roles in society, evidence exists of opportunities for women to participate
in decision-making leaders roles that parallel those of men. [31] Other
opportunities to participate existed through the representatives chosen
by women's indigenous organizations. [32]
Women within the family had to combine productive work with reproductive
labor but were able to take advantage of help from the extended family,
including the polygynous family unit, which reduced the burden of
a double workload.
[33] The polygynous system, which
is often condemned as disadvantageous to women, was a social arrangement
that ideally enabled women to make concrete contributions to society.
For example, although women may not receive the benefits of monogamy,
freedom from being the sole nurturer of husband and children freed
them up for trade, politics, and religious leadership. The imposition
of colonialism, like the earlier influx of Islam, caused the contraction
of the opportunities available for women to play leadership roles. [34] However,
women drew upon their pre‑colonial forms of organization to
organize the mode and content of their political participation within
the colonial system.
[35] Provisions were also made in pre-colonial
Nigerian societies for conflict resolution in which all members of
society could participate. Moreover, polygynous relationships were
not unregulated. Even in contemporary times, some women voluntarily
choose to be part of these structures and argue that the benefits
outweigh the costs. Stereotyped portrayals
of women deny the significance of women’s contributions to Nigerian
development. This is illustrated in The Report of the Federal Government
of Nigeria to the Committee on the Elimination of all Forms of Discrimination
which states in the introduction that the “traditional”
conception of the role of women in society is one of domestic drudges,
wives and mothers. [36] This
report only reinforces erroneous perceptions women’s role in
society. On the contrary, according to traditional ideals and
mores, women are valued as powerful by virtue of their being the bearers
of fertility. The Yorùbá song, "Ìyá ni wúrà" (Mother is
gold) underscores the importance of women in Yorùbá society. The song
goes:
Meanwhile, a Yorùbá proverb
says: Ìyá ni wúrà, baba ni jígí (Mother is gold, father is
a mirror). This underscores the value of a mother to her children
and also something about the role of women in Yorùbá society. Compared
to a fragile, breakable relationship with the father, the relationship
of mother to child is durable. Similar reverence of the mother is
found among other Nigerian ethnic groups. Opportunities existed for
women in pre-colonial Nigerian society to take leadership roles in
politics, religion, social and economic life. [37] Bólánlé
Awé’s Nigerian Women in Historical Perspective gives examples
of women leaders of the past: Nana Asmau of Zauzzau, Idia of Benin,
and Móremí of Ifè.
[38] Numerous legends and oral traditions
also point to the power of women in pre-colonial Nigerian society.
For example, the Yorùbá pantheon is composed of both male and many
female deities. The female deities include Oya, Òsun, Yemoja.
In the worship of these deities, many opportunities exist for women
to lead. Òyó had many powerful female public officials. [39] Pre‑colonial Nigerian
societies were structured around kinship which determined the productive
and reproductive role of the individual in society. Childbearing was
central to the worth of a woman. Since children were regarded as economic
assets, polygyny was encouraged and generally more children meant
more power within society. There were however opportunities for women
to surmount problems arising from childlessness. Amadiume points to
the phenomenon of gender‑flexibility among the Ibo of Nnobi
as a tool for women both to increase their material base by acquiring
"wives," and to gain stature in society by bearing children
through these wives. The institutions of female husbands and
male daughters among the Ibo of Nnobi allowed women not to have sexual
relations with women whom they marry but to claim the children borne
by these women; in effect gaining power and control over resources,
including children. This enabled them to surmount the social stigma
attached to childlessness as well as enhance their productive capabilities.
[40] Fostering
children with women who were childless also enabled women to adjust
their position within society. Among the Yorùbá and Hausa-Fulani,
fostering of the children of relatives provides opportunities for
childless women to play mothering roles. During the colonial period,
most elements of the kinship support system changed. Customary law
was not necessarily the expression of the mores, values and standards
of a community. Customary law was heavily informed by colonial (mis)conceptions.
Customary law was always in flux, enabling it to respond to changes
in society. Formalizing it introduced the unintended consequence
that customary law became unable to effectively respond to changes
in the wider world. This is now seen in divorce cases involving
childless women. A man may claim the return of full bride wealth paid
for a childless woman while deductions are made if a woman has had
children. The childless woman is measured against women that
have children. The stigma attached to the childless woman is
extended to her family by association. As previously mentioned,
in pre-colonial societies childless women could avail themselves of
several opportunities to become mothers. Access to the means of production
is an important indicator of the rights of women in society.
Many claims are made by contemporary analysts, activists and scholars
about the pre-colonial roots of institutionalized denial to means
of production in Nigerian society. In pre-colonial times, women
generally had access to land which they could cultivate. However,
the right to dispose of that land was vested in the head of the family.
According to Amadiume, this was true for the Ibo of Nnobi. However,
it was more possible for women to take advantage of customary loopholes
such as the aforementioned flexible gender system (among the Ibo)
in order to gain power within a social system, which conferred more
power on males than females. [41] In some
instances women’s access to land did not derive from their dependence
on male kin. Among the Ibo of Onitsha, women did not have to
depend on the institution conceptualized by Amadiume as “male
daughters and female husbands” to hold and exercise power over
land and other resources. [42]
Among the Yorùbá, some women became wealthy and participated in government,
and disposed of property on an equal footing with men. [43] Pre‑colonial
Nigerian societies were not entirely organized around structures within
which women were automatically more disadvantaged in their access
to both positions of authority and the means of production.
Under colonial rule, women
lost a great deal of authority and the opportunity to participate
in decision making due to their exclusion from all levels of administration.
They also lost maneuverability because the male‑dominated elements
of society were stressed above all others and applied in social, economic
and political life. Education, although generally considered to emancipate
women from traditional oppression, did not always have this result,
as colonial education emphasized preparing women for domestic rather
than leadership roles within society. There is also evidence
that in pre-colonial Nigerian society, many women (of economic and
political prominence) gained positions either through achievement
or as rewards. Under colonial rule, the opportunity for such upward
mobility was considerably diminished. According to Mba, some
women were able to become more involved in trade. [44] However, many
areas of the economy that were previously reserved for women were
taken over by men and the imposition of a cash economy as well as
new European firms, caused a reversal of their fortunes. [45] The spread of
Christianity also undercut the higher status that women had previously
in pre-colonial religion. In a struggle to re-assert their former
prominence in religion, Christian women converts in indigenous churches
used the churches to regain some of their pre-colonial status. [46] Under
British colonial rule, de jure property rights replaced de
facto rights, but the extent to which de jure rights made
practical improvements in women’s lives is however questionable.
Since the realization of de jure rights required familiarity
with the new codes of law and the new legal system as well as considerable
financial expenditure. [47]
The origins of structures
of inequality that lead to discrimination against women are therefore
found in pre‑colonial societies with predominantly male‑dominant
social systems. However, they were institutionalized as a new legal
structure—"Native Law and Customs"—during colonial
rule. Customs such as child marriage, betrothal and widowhood rites
have their origins in the pre‑colonial era, as did genital operations.
These customs arose within a given social context that may never be
understood today because of the ideological shift that occurred with
colonization and the passage of time. The imposition of colonialism
involved the construction of a system where women had less opportunity
to participate in administration. In addition, an economic system
was instituted where men had more opportunities than women for meaningful
participation, a legal system was introduced wherein women lost some
of the benefits open to them in pre‑colonial societies, and
a religious system was imposed which deprived women of their pre‑colonial
power and authority. More males than females had access to the educational
system, and the dominant form of Islam in the North was protected
despite its discrimination against women. These elements of institutionalized
male dominance were in no small measure due to Victorians' ideology,
in which women were generally restricted from full participation in
the public sphere. DISCRIMINATION AGAINST WOMEN
IN NIGERIA: A CONTEMPORARY OVERVIEW While women in Nigeria have
always been active economically, the extent and significance of their
activism has not always been rewarded by commensurate degrees of political
power vis-a-vis men. Although women willingly exercise the rights
that they have, structural constraints from the pre‑colonial,
colonial and decolonization eras continue to prevent the elimination
of discrimination against them. It is possible to distinguish between
two major positions by organized women's groups within Nigeria. One
stresses more visibility in prominent positions for women as part
of the decision making apparatus and the other calling for radical
changes and structural transformation in order that the rights of
all women will have as much de facto as de jure relevance.
The first position constitutes the top‑down approach held by
the National Council of Women's Societies (NCWS) and the second, the
more comprehensive and broadly‑based approach of Women In Nigeria
(WIN). Both organizations have made attempts to generate academic
and other interest in the elimination of discrimination against women
as they define it. Thus far, the NCWS position has received more support
by the successive Nigerian governments. The NCWS, working on the premise
that with more women in positions of authority, women’s issues
would be taken more seriously, and women’s rights enhanced, advocates
that there be more women appointees and that these women have more
prominent positions. In response, the approach usually taken by Nigerian
governments to correct discrimination is to appoint a few token women
into positions where they have high visibility. However, this in no
way helps the majority of women. [48] Discrimination affects women's
political and civil rights. The enfranchisement of women in the North
was one of the political demands made by women's organizations in
both the East and West after their own enfranchisement but the right
to vote was only granted to women in Northern Nigeria in 1976. [49]
In the East, it had been granted in 1954 and in the West in 1958.
Some have argued that the exercise of this right may be problematic
even where it is guaranteed because of social constraints on the movement
of women in purdah. For instance, Akande suggests that
women who are secluded in purdah may be unable to vote as a
result of the electoral rules which end the voting day at 6 pm because
women in purdah cannot go out until after sundown. However,
Oruene claims that women in purdah turned out in such large
numbers to vote in the 1976 local government elections (which was
the first in which they could participate on an equal footing with
men) that the voting day was extended by two hours. [50] Thus, it is
clear that women will exercise their rights with adequate and institutionalized
protections. Women have also always exercised their rights as well
as organized collective action within political interest and pressure
groups for the enhancement of women’s' rights in society. [51] Oruene’s
work demonstrates that purdah in and of itself ought not to
prevent women from voting, and there is no evidence that it has.
Akande presumes that women who are not living under conditions of
purdah would be better able to exercise their right to vote.
This presumption is stated rather than demonstrated. There are still fewer women
running for office than men, a situation that is also observed in
the United States, and in most democracies. Good citizenship
necessitates the ability to free up some time to participate in civic
activities. More affluent or kin-rich women who have supportive
extended family are better able to participate in modern democracies
than impoverished, kin-poor women who cannot depend on assistance
from extended family. An additional problem that
relates to women’s ability to exercise their citizenship rights
is that before Nigeria's 1992 constitution only men could pass on
their Nigerian citizenship to their spouses. The 1992 constitution
corrected this discrepancy. Nonetheless, some rights may still
be outside the grasp of women due to continuing social and administrative
mores. Today, a woman who resides and works outside her state
of origin is still discriminated against in employment, promotions,
and benefits. This is a form of discrimination that affects
men, women, and children because it affects access to resources that
indigenes of the state take for granted.
The Nigerian constitution
of 1979 prohibited discrimination on the basis of sex, as do the constitutions
of 1992 and 1999. All women have a right to suffrage once they
are above the age of 18 and can contest in political elections once
above the age of 21. No customary prohibitions prevent women's participation
in politics, but women have not contested for political positions
on a level matching men. Women’s hesitancy to be involved in
politics dates to the period of decolonization period when politics
was characterized by gross abuse and physical violence. Akande contends that Nigerian
women do not have full legal capacity insofar as they are unable to
"independently enter into contracts, ... acquire and own property
... enter into other legal transactions, sue or be sued." [52] The
extent of women’s practical freedom also varies with class, level
of education and type of marriage. Within polygynous marriages, women
may have more freedom than within monogamous ones because they are
not subjected to the presumption of legal unity in monogamous marriage,
which gives the man the advantage. In terms of the capacity
to marry, the right of consent and the requirements of bride wealth‑payment,
women's right to independent decision-making may be curtailed. In
general, Nigerian law limits the rights of a woman in marriage under
all legal systems (statutory law, Shari’a, and customary law).
Nigeria is presently undergoing
the implementation of a Structural Adjustment Program (SAP), a program
which combines policies of economic austerity with the devaluation
of the country's currency, drastic cutbacks in government spending
and significant economic contraction due to the privatization of government
owned businesses. This affects the rights of all Nigerians but women
are particularly impacted. Women's economic rights are affected most
directly since there are fewer employment opportunities and more competition
for those that exist. In rural areas, where development schemes have
historically hindered women, technology and training benefits men
more than women. The situation becomes more grueling under conditions
of structural adjustment due to a contraction of social spending and
less money being available from international sources for development
projects. [53] Provisions for maintaining
basic infrastructure while inadequate in the past, have become even
more so after SAP. Health care, education, training, access
to appropriate technology, and to resources such as potable water
have become even more inaccessible, both to rural and to urban women.
This is the background against which the existing discrimination against
women in Nigerian society should be viewed. DISCRIMINATION AGAINST WOMEN‑‑INTERNATIONAL,
REGIONAL AND DOMESTIC PROTECTIONS Discrimination against women
persists despite the existence of international, regional and domestic
protections. This persistence is due to structural and ideological
factors. The United Nations Covenants of 1966 provide protection against
discrimination on the grounds of gender (Art. 2,1 Civil & Political
Covenant; Art. 2,2 Economic, Social and Cultural Rights). The
1956 Supplementary Convention on the abolition of Slavery, the Slave
Trade and Practices Similar to Slavery emphasized the importance of
woman’s consent to marriage and advocated the elimination of
customs such as bride wealth and funeral rites in which women are
objects of inheritance after the death of their spouse (Art 1). The
1962 Convention on Consent to Marriage, Minimum Age for Marriage and
Registration of Marriages considers some customs and traditions relating
to marriage and the family "inconsistent with...the Universal
Declaration of Human Rights." Nigeria is a signatory to The International
Convention on Economic, Social, and Cultural Rights, (signed 29 July
1993), The International Covenant on Civil and Political Rights (CCPR),
(signed 29 July 1993), The International Convention on the Elimination
of all Forms of Racial Discrimination, (signed 16 October 1967), the
Convention Against Torture and other Cruel, Inhuman Treatment, and
Punishment, (signed 28 June 2001), The Convention on the Rights of
the Child, (CRC), (signed 19 April 1991), The Optional Protocol on
the CRC on the Involvement of Children in Armed Conflict, (signed
8 September 2001), The Optional Protocol on the CRC on the Sale of
Children, Child Prostitution, and Child Pornography, (signed 8 September
2001). [54] Rights of production and
reproduction encompass women's rights in the family, economic, social
and political spheres. Rights of production concern recruitment, promotion
and training as well as benefits and entitlements. They also include
equal opportunity for decision making in all organizations.
The rights of reproduction relate to the capacity for a woman to make
independent decisions about her own body. This includes the ability
to control the size of her family, exercise control over the discipline
of children, free access to family planning (including abortion) and
the right to legal and practical equality in the control of family
resources and children after divorce. This is enhanced by a
woman's access to information concerning her rights as well as legal
and other measures that can be taken to gain these rights.
The rights of women within
their families are important because they affect their ability to
define themselves relative to society. Relations within the family
structure the extent, to which women are granted reproductive and
productive rights, defining the content of such rights. Article
5 (a) of CEDAW recommends that States Parties "modify the social
and cultural patterns of conduct of men and women, with a view to
achieving the elimination of prejudices and customary and all other
practices which are based on the idea of the inferiority or the superiority
of either of the sexes or on stereotyped roles for men and women." I have argued that the male
dominant elements of Nigerian society remain strong. Many of these
elements are located within the family, where a woman is required
to take care of her husband and home. Since most women also work outside
the home, this creates, a double burden and may limit the ability
of women to devote an equal amount of attention and concentration
to their careers or trade. In Nigerian law and administrative
practice, the predominant attitude is that men are the household heads
and have primary authority. This attitude persists inspite of
past and contemporary examples of cross‑gender cooperation in
many households and also despite the existence of many female headed
family units. [55] Women thus continue
to be defined just in terms of their reproductive and associated roles.
Under statutory law in Nigeria, the woman must cook and care for the
home and health of her husband and children. Problems reside in prevailing
social mores, which prevent women from taking legal action even where
fundamental rights are not granted. However, a more critical approach
is necessary to discern the origins of these mores and to fashion
workable solutions to the problems that they cause. There is also
a gross lack of awareness among women about the extent and content
of their rights. There are also legal and administrative measures,
which perpetuate the inequality of men and women within the family.
For example, adultery is considered sufficient grounds for divorce
only where women are concerned. [56] The CEDAW guarantees full
equality of men and women in the family. However, prevailing
practice in Nigeria is to overlook customary and pre-colonial practices
which prevent the achievement of full equality. While the government
acknowledges the "need for public enlightenment in the area of
marriage and family law,” by the time its first report to CEDAW
was handed in, very little of substance had been done beyond the institution
of a Pilot Legal Project on Family Law.
[57] Today, there is a Women's Bureau, which
is attached to the Office of the Presidency, and a more aggressive
stance is taken about improving women’s status in society.
Although the program is only a beginning, The Better Life for Rural
Women program is directed at correcting some of the deficiencies noted
in the first report to CEDAW. Since 1979, more women have formally
competed for political office.
[58] There is not at present any
legal recourse for women who suffer abuse within the family, although
these were present during pre-colonial times. Now women’s childbearing
obligations are expected to outweigh their career goals. [59]
In pre-colonial social systems, women did not necessarily have to
bear the brunt of childrearing alone. There were social institutions,
which provided support and enabling a woman to pursue her trade undisturbed.
In contemporary times, women suffer legal discrimination in the administration
of custody law. The Covenant provides in Article 16, 1, d, that parents
shall have equality of rights and responsibility with regard to their
children, and that the interests of children should be given primary
responsibility. Under customary law, the equality of the spouses is
precluded sometimes as a result of great disparities in the ages of
the spouses, which gives the man more control over the wife.
This also occurs in the case of divorce where women are only entitled
to custody prior to weaning, or in some cases, after the child is
7 years old (under Islamic law until the age of puberty or marriage).
On a positive note, the woman has a right to claim maintenance from
the father of her child even if she is not married to the man. [60]
In some cases, divorce is only possible after the bride wealth is
refunded, although among some groups, deductions are made based on
the number of children borne by the woman during the marriage. [61]
In Nigeria where there is
no guaranteed access to social security in old age, unequal access
to and control over children in divorce imposes multiple discrimination
on women since they are expected to be primarily responsible for childcare.
The CEDAW guarantees women equal rights and responsibilities in marriage
and at its dissolution, but some women are still affected by inequitable
access to divorce. [62] In Nigerian
Muslim communities, divorce by repudiation is still acceptable. Under
customary law, women have a right to support and housing, but not
to the husband's property or incomes. [63] Likewise, men
have no right to their spouse's property or income. However, pre‑colonial
marriage laws allowed for conciliation and negotiation in the event
of marriage breakdowns, which may have resulted in better treatment
of the woman. In addition, a divorced woman could return to her lineage
where the head of the lineage could grant her access to property.
Under statutory law, a woman technically has equal rights with her
husband to the custody and guardianship of children upon divorce,
but the application of the law is often such that work within the
marriage is not considered an economic contribution. Hence,
there is no enforcement of maintenance payments. [64] The crucial issue regarding
the rights of women in marriage and the family is that these rights
are central to their rights as individuals. The African Charter on
Human and Peoples' rights in Article 2 prohibits discrimination on
the basis of sex, but makes no other specific references to the protection
of women's rights. Howard, however, argues that some other articles
may be taken as applicable to women, particularly Article 4's specification
that "Human beings are inviolable (each is)...entitled to respect
for his life and the integrity of his person" and Article 16's
guarantee of every individual's right "to enjoy the best attainable
state of physical and mental health."
[65] For Howard, both of these may be
used for defending women against physically harmful practices. Women's lives also tend to
be affected more profoundly than men's by their reproductive roles.
When reproductive rights are lacking, rights in other areas are affected.
In this sense, reproductive rights are not limited to the right to
abortion. They also include a woman’s right to employment and
the means of production which allow her to financially support her
children. There is an observed conflict between community and individual
rights since the preservation of the family is considered the fundamental
duty of society. Can the law be used as a means of transformation
in this case? Howard considers this near impossible but sees
the role of law as enabling individuals who wish to escape from “traditional”
family controls to do so. [66] The law in this
sense would then be a building block toward the future realization
of cultural change. Problems arise from provisions
that may potentially pit the need to maintain community values against
the rights of women. These may be observed in Article 18's specifications
that "the family shall be the natural unit and basis of society...the
State shall ensure the elimination of every discrimination against
women." Article 17, 3 considers the State instrumental in "The
promotion and protection of morals and traditional values recognized
by the community." [67] There is evidence
of such a conflict in the Nigerian government's first report to CEDAW.
It argues that the constraints eradicating discrimination against
women arise mainly from the lack of enforceable laws when women suffer
discrimination from customs, administrative directives and religious
practices. [68] The
government also laments the absence of a favorable attitude toward
litigation in Nigeria, which prevents the elimination of discrimination.
What is left out in this part of the report, however, is the salience
of a person’s total environment in shaping that individual's
perception of her or his possibilities and constraints in the wider
society. It is doubtful that even litigation that results in positive
acknowledgment of a woman's rights would amount to much without far‑reaching
social and structural changes. Altogether, there is inadequate
acknowledgment on the part of government about the significance of
structural constraints. The government has made insufficient
provisions for the realization of Articles 3 and 4 of the CEDAW recommendations.
Article 3 calls for legal and extra‑legal measures for guaranteeing
the full exercise of women's rights. While it acknowledges the need
for extra‑legal perspectives, there is no concrete attempt to
address imbalances arising from the conflict between individual and
group rights. [69] The
government identifies an absence of litigious attitudes among Nigerians
which contributes to the appearance of a paucity of protections. This,
however, is not borne out by historical evidence. For example, Mba
shows that women in the southern Nigeria used new family laws under
colonial rule to support their claims in the legal system. [70] Thus,
it is more relevant to consider poverty as the crucial factor, that
prevents women from using litigation as remedies. Article 4 of the CEDAW calls
for "temporary special measures aimed at accelerating de facto
equality between men and women" in order to achieve equality
of opportunity and treatment. Toward this end, Nigeria appointed the
first woman Vice Chancellor of a university and the first woman member
of the Federal Civil Service Commission. Other nominal appointments
of women were made mandatory at both state and federal government
levels. [71] Notwithstanding
these appointments, there is still evidence that women lack access
to high levels of decision‑making. There seems instead to be
more evidence of "tokenism" which does not recognize the
extent of educational and professional achievement among Nigerian
women. The government has also made some institutional modifications
at federal and state levels, and women can now take on bail individuals
in police custody subsequent to a directive by the Attorney General
and Minister of Justice. [72]
However, the statement that women should "bear any unpleasant
consequence that may flow from that action" indicates that there
is still some perception among policy‑makers that women are
not always entitled to protective legislation. [73] Most
legislative improvements concentrate on giving more access to urban,
elite women. Rural women are meant to benefit from the introduction
of the Directorate of Food, Roads and Rural Infrastructures (DFRRI),
the government's new master‑plan for agricultural and infrastructural
development to encourage higher rural productivity. Since the
government realizes that many rural women are farmers, they were targeted
as primary beneficiaries of the plan. However, this effort is
largely believed to be failing.
[74] Chapter IV of the 1979 Constitution
of Nigeria contains provisions for the defense of the fundamental
human rights of all Nigerians. Provisions for the protection
of individuals from discrimination are to be found in subsection 39,
which provides that: (b) be subjected either expressly
by, or in the practical application of any law in force in Nigeria
or any executive or administrative action of the government to disabilities
or restrictions to which citizens of Nigeria and other communities,
ethnic groups, places of origin, sex, religions, or political opinion
are not made subject; or (c) be accorded either expressly
by, or in the practical application of, any law in force in Nigeria
or any such executive or administrative action, any privilege or advantage
that is not accorded to citizens of Nigeria of other communities,
ethnic groups, places of origin , sex, religions or political opinion.
This section in effect, provides
for equal treatment of men and women under the law. According to the
Nigerian government’s report to the Committee on the Elimination
of All Forms of Discrimination against Women, there is no need to
create enforcement mechanisms for the Convention because its provisions
could be used as the basis for any argument against derogations in
any court of law within Nigeria. The same report states that
while protections exist, there may be no progress toward the elimination
of discrimination if women do not actively pursue the realization
of this goal. However, the argument that it is up to women to seek
legal redress may be a "straw man" because without the right
tools and considerable governmental support, such active pursuit of
women’s rights may be impossible. Discrimination in property
ownership still exists under customary law. While everywhere women
are entitled to property acquired by trading, ante‑nuptial property
belongs to both parties in the north and east but only to the husband
among the Yorùbá. Once divorced, the woman is not entitled to
her husband's estate.
[75] The CEDAW, Article 16 (1, h) considers both
spouses as having the same rights "in respect of the ownership,
acquisition, management, administration, enjoyment and disposition
of property." The report of the Nigerian government states
that the same standards apply to both married and unmarried women
in the allocation of government owned land and housing. It identifies
customary law as the main avenue of discrimination in property ownership.
This is not only inaccurate, it constitutes a refusal to acknowledge
that the majority of women who apply for government‑owned property
are often educated, wealthy, well connected or based in urban areas.
Also, these women are most likely to invoke CEDAW and take legal action
against discriminatory practices. The government’s report also
fails to acknowledge the vital role that family negotiation plays
customary law to militate against abuses. Consequently, poor women
living in urban areas suffer because kinship ties become more tenuous
under conditions of urbanization. [76] Women in Nigeria also suffer
legal discrimination in the control of contraception. Couples should
be entitled to the fundamental human rights of freely and responsibly
determining the number and spacing of their children. According
to Article 12, 1 of the CEDAW, "[S]tates Parties shall take all
appropriate measures to eliminate discrimination against women in
the field of health care in order to ensure equality of men and women
in access to health care services, including those related to family
planning." However, the contemporary practice in Nigeria is to
deny women access to contraception by the Planned Parenthood Foundation
of Nigeria if they do not have the signed consent of their spouses.
[77] At the same time, contraceptives can be
acquired over the counter and without any medical advice or monitoring.
This is a double standard which denies that women are competent to
make independent and responsible decisions. The control of reproduction
in this manner is indicative of society's conception of the locus
of power within the family. This can be linked to accepted indigenous
methods of contraception where women are expected to periodically
abstain from sexual intercourse while the polygynous man has no such
obligation. [78] Abortion is also legally
and socially controlled. There are strict prohibitions against
abortions in Nigeria, which date from the English Offences against
the Person Act of 1861. This was the source of colonial regulation
of abortion and remains in force under Nigerian statutory law. The
only condition under which abortion is permitted by the Act is if
it is performed in good faith and for the preservation of the mother's
life. [79] Under
Sections 228‑230 of the Southern Criminal Code and Sections
232‑236 of the Northern Penal Code, abortion is considered a
crime punishable by varying terms of imprisonment. [80] The 1975
UN Report on the Status of Women & Family planning suggests that
abortion should be legalized since "unjustified state interference
(with regard to abortion) is likely to be not only socially repressive
and discriminatory but personally traumatizing in its effects. This
is especially true as it affects women's attempts to gain autonomy
over their bodies."
[81]
The key issues surrounding
abortion are whether a woman is considered competent and whether she
is considered to have the capacity to make independent decisions about
her body.
[82] The 1976 recommendation of the Nigerian
Medical Association and the Society of Gynaecologists and Obstetricians
of Nigeria that the government allow abortions on request for health
and welfare reasons was not approved by the federal government because
of considerable opposition from some religious authorities. [83] The
Nigerian government is wrong in assuming that the main road‑blocks
to the elimination of discrimination are extra‑legal. Legal
and extra‑legal constraints coexist in both the letter of the
law and in its administration. It is generally acknowledged that customs
and traditions still persist which prevent the elimination of discrimination
against women, and also that positive action must be taken by women
to attain the full enjoyment of their rights. [84] What is usually not addressed is the provision
of practical measures through which women can, if denied their rights,
gain support toward the granting of these rights through legal and
organized political action. Another source of discrimination
is to be found within the practice of religion. In both Christianity
and Islam, there is a presumption of the inequality between women
and men that did not necessarily exist in pre-colonial religion.
[85] In spite of Islamic provisions for the equality
of all believers, purdah and polygyny are considered obligatory.
Since peasants cannot afford to seclude their wives, these phenomena
are linked to class. [86] In Christianity,
the orthodox position is that women should be submissive to men. Women’s
restricted access to information in Islam, likewise encouraged them
to accept a submissive role. Even in the case of Christianity,
education and a re‑conceptualization of the role of women is
necessary if significant progress is to be made. Any prescriptions
or conditions that may be found in the definition of the role of women
in the Bible remain inadequate as the sole harbingers of change. Both
religions contribute to the continuation of discrimination against
women. Under colonial rule, education
was not widely extended to women, and where it was women were prepared
for predominantly domestic roles. This is reflected in the lower
percentage of women in all professions and academic subject‑areas.
Article 10, Sections a‑h of the CEDAW makes detailed provisions
for the guarantee of equal rights for men and women in education.
However, in 1975, female enrollment in elementary schools was 32 percent
for students 6‑11 years old and 14 percent for students 12 ‑
17 years old. From 1975‑76, female student enrollment
in Universities was 15.9 percent and in 1981‑82, 27.96 percent. [87] The Nigerian
National Policy on Education, according to the Report, makes only
the following reference to women's education: With a view to correcting
the imbalance between ...the number of boys and girls in formal education
and with particular regard to women's education, special effort will
be made by Ministries and Local government authorities in conjunction
with Ministries of Community Welfare and of Information, to encourage
parents to send their daughters to school. [88] The particular form that
such encouragement will take is not specified. The government
considers this adequate because the 1979 Constitution provides in
Section 18, paragraphs 1 and 3 that equal and adequate educational
opportunities at all levels will be ensured, and that free education
at all levels will be provided when practicable in order to eradicate
illiteracy. [89] While
in the 1970's and early 1980's education was free at all levels, the
cutbacks in government spending following structural adjustment negatively
affected education as well as other policies. Equal employment opportunity
and associated rights are provided for in Article 11 of the CEDAW.
The Nigerian Constitution of 1979 also provides that the government
endeavor to ensure "equal pay for equal work without discrimination
on account of sex or on any ground whatsoever." Nigerian women
have a high level of participation in economic activity, but men still
largely control the commanding heights of both politics and the economy.
Thus, while women are represented in all the professions as well as
in farming and trading, there is a concentration of men in the high
levels of government as well as in the private sector. The problem
in terms of equal employment opportunity therefore concerns under‑representation
in decision‑making rather than non‑representation. All
women in the work‑force face a double burden of work which tends
to restrict their chances of upward mobility vis a vis men. Some employers
who consider men more stable for employment also discriminate against
women, as does the government in the administration of laws on taxation,
and employment benefits. [90] It is clear that the primary
responsibility for domestic labor falls on women despite the provision
that parents "share the same rights and responsibilities"
by Article 16, 1, d, of the 1979 Covenant. Until men and women
bear equal responsibility for household labor, women will have limited
access to employment opportunities and upward mobility. Also,
there are very few women in positions of authority to make meaningful
decisions regarding the rights of women. An additional problem is
class. Women do not always share common interests, since human
rights have different implications for poor and affluent people. Class
and sectional differences therefore may prevent cooperative collective
efforts by all women to gain the rights due to them. Another problem
is that people have deep psychological ties to their culture and customs
and "many women may prefer to live under those customs with which
they are most familiar, even though the customs deny them personal
freedom." [91] When these women
choose to take concrete steps toward gaining their rights, they also
face some degree of social alienation. Education must therefore be
directed at women as well as the whole society to foster the elimination
of discrimination against women. The personal rights of women
to exercise control over their bodies is limited also by female genital
operations, which in some cases create medical problems, including
maternal and infant mortality, especially when combined with pregnancy
at too early an age.
[92] These practices violate both Organization
of African Unity (OAU) and United Nations (UN) principles on basic
human rights. The Economic Commission for Africa also condemns them
but rightly pinpoints the complexity of the situation. [93] Considering
the aforementioned role of culture in the lives of people, these and
other abuses are only eradicable over the long‑term. When women
themselves find no use or rationale for these practices in their lives,
they will disappear. Without such a commitment, efforts that are directed
at eradication could prove to be fruitless. Another facet of the inability
of women to exercise independent control over their bodies relates
to the role of culture in the exercise of social control over individuals.
Insofar as women as a group are in a subordinate position to men,
one could agree with Howard that such control is directly beneficial
to men economically, culturally and politically, with a caveat that
women themselves share the thinking that these practices have some
validity to their lives. [94]
CONCLUSION
In terms of domestic
protections, of the problems militating against the elimination of
discrimination against women, most important is the fact that de
jure guarantees do not necessarily imply de facto recognition.
Imam argues that the Nigerian social structure favors men over women,
resulting in exploitation which effectively subordinates women in
all spheres of life. For this exploitation to be eliminated, structural
change must occur. The most desirable form of change must be multi‑dimensional
in nature, incorporating changes in state legal policy as well as
in social policy. In addition, power relations in the family must
change. [95] However, it
is refreshing that more recent scholarship is subjecting the argument
of generalized male dominance in Nigerian society to closer scrutiny.
The consensus emerging is that more study has to be done to highlight
examples that contradict generalizations of male dominance in Nigerian
society.
[96] Concrete steps to change
the social structure must include mass organization among women, directed
at surmounting the class divisions among them. This is necessary
for purposes of consciousness‑raising, as well as for developing
a common front to emphasize and promote in political debate.
Since most discrimination is justified by references to culture, evidence
about the positive role of women in pre‑colonial Nigeria should
be presented and widely promoted to counter negative stereotypes.
Despite Nigeria's grueling
economic crisis, the education of women must be given utmost priority
to enhance their ability to exercise self‑determination in the
control over their bodies and to participate as equals in the labor
force. Education must also be extended to the rest of society on the
importance of promoting and protecting women's rights. The involvement
of more women in policymaking within the government at local, regional
and federal levels must be further instituted and entrenched. Some
steps have been taken in this direction by the Federal Government
of Nigeria which, beginning under the Mohammed/Obasanjo administration,
made the appointment of one woman in every decision making and consultative
body mandatory. However, there must also be legal reforms which enhance
the protection of the rights of women in Nigeria and remove present
abuses by calling for the equal application of administrative procedures.
Constraints limiting the
elimination of discrimination against women also arise from the nature
of the international system which seeks to formalize these protections.
Some of these problems can be attributed to the relative newness of
this body of rights and the institutionalized procedures for promoting
and protecting them. The Committee on the Elimination of all forms
of Discrimination Against Women is the body vested with the authority
to investigate, review and evaluate the performance of states which
are parties to the Convention (Articles 17‑20, CEDAW). Unfortunately,
the Committee lacks adequate resources for enforcing legal guarantees
within the CEDAW and receives inadequate cooperation from members,
which are in large part slow in submitting reports. Moreover, several
countries including the United States have thus far not ratified the
CEDAW, or have introduced many reservations which makes CEDAW meaningless.
In cases where the CEDAW has been ratified, mechanisms for self-enforcement
are unavailable. International protections currently are basically
exhortatory in nature and do not carry the force of law. An additional
problem arises from the need for the Committee to coordinate and integrate
its work with other UN organs dealing with women. A problem with international
guarantees is that signatories to the CEDAW are expected to introduce
constitutional and legislative changes, which give effect to its protections.
Governments are then expected to make periodic reports on the progress
made (Art.2). Such self‑policing leaves room for abuses.
[97] Due to these and other problems, the Committee
has been somewhat limited in its ability to live up to its potential.
[98] The same problems apply to regional protections.
There is no doubt that the
elimination of discrimination against women involves much more than
legal protections and social engineering. It is obvious that
activism among women, which has always been an important part of Nigerian
life, must continue. In addition, there must be more cooperative action
among women of all classes and in all areas of Nigeria. Their
guiding principle must be the one found already in some groups in
the country‑‑as long as some women still live under discriminatory
conditions, all women are affected.
[99] There must also be the fine‑tuning of national, regional and international protections in order to remove elements of vagueness, combat inaccurate portrayals of women as well as provide more concrete enforcement mechanisms to guarantee more effectively the rights of women. These protections must be seen as building blocks in a constantly evolving process. BIBLIOGRAPHY Aderinola, Ade “Women
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"Hausa-Fulani Women: The State of the Struggle”, in Catherine
Coles & Beverly Mack, ed., Hausa Women in the Twentieth Century,
Madison: University of Wisconsin, 1991. ENDNOTES [1] See, http://www.un.org/womenwatch/daw/cedaw/states.htm;
Office of the United Nations High Commission for Human Rights.
Status of Ratifications of the Principal Human Rights Treaties
as of 26 November 2001. www.unhchr.ch/pdf/report.pdf [2] See United Nations Convention on the Elimination of All Forms of Discrimination
against Women Committee on the Elimination of Discrimination against
Women Nineteenth session 22 June-10 July 1998 Draft report Rapporteur:
Ms. Aurora Javate de Dios (Philippines) Addendum IV. Consideration
of reports submitted by States parties under article 18 of the Convention
B. Consideration of reports 2. Second and third periodic reports Nigeria CEDAW/C/1998/II/L.1/Add.6 7 July 1998 http://www.hri.ca/fortherecord1998/documentation/tbodies/cedaw‑c‑1998‑ii‑l1‑add6.htm
[3] See Ngangah, Chidi The Politics of Human Rights: A View From the Third
World. Kaduna, Nigeria: Klamidas Communications Ltd., 1998. also
see Williams, Mary E., ed. Human Rights: Opposing Viewpoints
San Diego, CA: Greenhaven Press, 1998, particularly the chapters by
Pierre Sane “Human Rights are Universal,” Bilahari Kausikan
“A Universal Definition of Human Rights Ignores Cultural Diversity,”
Anne Applebaum “The women's rights agenda ignores Third World
concerns,”
[4] See Nina Emma Mba, “The Position of Women in Southern Nigeria Before
1900” in Nina Emma Mba, Nigerian Women Mobilized: Women’s
Political Activity in Southern Nigeria, 1900-1965. Berkeley,
CA: Institute of International Studies, University of
California, 1982, pp. 1-37.
[5] Bolanle Awe, in Jane Parpart, ed., Women Development in Africa: Comparative
Perspectives, Lanham, Maryland: University Press of America, 1989,
p. 314; Ifi Amadiume, Male Daughters, Female Husbands: Gender and
Sex in An African Society, London: Zed, 1987, pp. 27‑40;
Nina Emma Mba, Nigerian Women Mobilized: Women's Political Activity
in Southern Nigeria, 1900-1965, Berkeley: University of California
(Institute of International Studies) 1982 pp. 290‑299.
[7] Bolanle Awe, Nigerian Women in Historical Perspective, Lagos, Nigeria:
Sankore, 1992; Patrick Kenechuckwu Uchendu, The Role of Nigerian
Women in Politics: Past and Present, Enugu, Nigeria: Fourth Dimension,
1993; Nina Mba, op cit; Catherine Coles & Beverly Mack, ed., Hausa
Women in the Twentieth Century, Madison: University of Wisconsin,
1991.
[8] Sola Olufemi “Mobilizing Women for Rural Development: Some Principles
for Success from Nigeria” Women & Environments, April
1993, Vol. 13:3-4, p 33-35. Also see for example, “Nigeria”
in Women's International Network News, Spring 1995, Vol. 21
Issue 2, p. 16-18; “Women and Human Rights Country Reports
on Human Rights Practices For 1994: Nigeria” Women's
International Network News, Spring, 1995; Renee Pittin “Selective
Education: Issues of Gender, Class and Ideology in Northern Nigeria”
Review of African Political Economy, Autumn 1990:48, p. 7-25
See also Theresa U. Akumadu Beasts of Burden: A Study of Women’s
Legal Status and Reproductive Health Rights in Nigeria Lagos,
Nigeria: Civil Liberties Organisation, 1998.
[9] Country Reports on Human Rights Practices For 1991 Report Submitted to
The Committee on Foreign Affairs, House of Representatives And The
Committee on Foreign Relations, U.S. Senate, by The Department of
State. Also see, Women's International Network News, Spring
1992, Vol. 18:2, p.8-20.
[11] Catherine VerEecke “Muslim
Women Traders of Northern Nigeria: Perspectives from the City of Yola”
Ethnology, Summer 1993, Vol. 32:3, p. 217-336
[15] Ebijuwa Temisanren Views of Women in
Yoruba Culture and Their Impact on the Abortion Decision” Women
& Health, Vol. 22 Issue 3, 1995, p. 19-27
[16] Ade Aderinola,”Women farmers in
Ondo State, Nigeria”Journal of Anthropological Research,
Vol. 50 Issue 3, Fall 1994, p. 311-326,
[17] Ode S. Ogede “Counters to male domination: Images of pain in Igede
women's songs.” Research in African Literatures,
Vol. 25 Issue 3, Fall 1994, p.105-120.
[19] E.A. Yoloye, “Socio-Economic Background
of Children in Three Types of Schools in the Western States of Nigeria”
in M. 0. Durojaiye, (ed.) Psychological Guidance of the School
Child, 1970, pp. 16-32; J.O. Ogunlade “Family environment
and educational attainment of some school children in Western Nigeria”,
West African Journal of Education, 17: 3, 1973, p. 429-432;
Stella Y. Erinosho “Performance Level in Physics Among Girls
in Single-Sex and Co-Educational Secondary Schools in Nigeria”,
Studies in Educational Evaluation, 18, 1992, pp. 247-252.
[20] O.J. Ehindero, “Correlates of
Physics Achievement: The Role of Gender and Non-Induced Student Expectations”,
Journal of Experimental Education, 54, pp. 189-192
[21] See A. Imam, R. Pittin & H. Omole,
Women and the Family: Edited Proceedings of the Second Annual Women
In Nigeria Conference, Dakar: Codesria, 1985. For an example of
the argument that “traditional” mores are responsible for
the maintenance of discriminatory laws and practices against women,
see Women's International Network News, Spring 1995, Vol. 21:
2, p16.
[24] Grace Alele-Williams “Science,
Technology and Mathematics (STM) Education for All, Including Women
and Girls in Africa”, a Keynote Address Delivered at the Commonwealth
Regional Workshop on Women and STM Education, Accra, Ghana, 1987.
[25] Nancy Hafkin & Edna Bay; Maureen
Mackintosh; Carmel Dinan; in Chris Allen & Gavin Williams, Sociology
of "Developing Societies": Sub-Saharan Africa, New York:
Monthly Review, 1982.
[27] Oyeronke Temilola Oyewumi, Mothers,
Not Women: Making an African Sense of Western Gender Discourse,
Ph.D Dissertation, University of California, Berkeley, 1992; Ifi Amadiume,
Male Daughters, Female Husbands, op cit.
[28] Oyewumi, ibid. Amadiume on the contrary,
conceives of these relationships as indicating gender flexibility.
[29] Osita C. Eze, Human Rights in Africa:
Some Selected Problems, Lagos: NIIA & Macmillan, 1976, p.
144; Awe, 1989
[30] See for example, Women's International Network News, Spring 1995;
Spring 1992, Vol. 18:2, p.8-20.
[31] Bolanle Awe, Nigerian Women in Historical Perspective, Lagos, Nigeria:
Sankore, 1992; Patrick Kenechuckwu Uchendu, The Role of Nigerian
Women in Politics: Past and Present, Enugu, Nigeria: Fourth Dimension,
1993; Nina Mba, op cit; Catherine Coles & Beverly Mack, ed., Hausa
Women in the Twentieth Century, Madison: University of Wisconsin,
1991.
[36] See Nigeria's First Report to the Committee
on the Elimination of all Forms of Discrimination Against Women, (CEDAW),
p.6.
[39] Mojubaolu Olufunke Okome “African
Women and Power: Reflections on the Perils of Unwarranted Cosmopolitanism.”
Jenda: Journal of African Culture and Women Studies, Vol. 1:1;
2001 www.jendajournal.com “Gender and the Travails of Decentralizing
the Nigerian Federation” West Africa Review, Vol. 2:1
August 2000 www.westafricareview.com.
[48] Bilkisu Yusuf "Hausa-Fulani Women:
The State of the Struggle," in Coles & Mack, eds., op cit.;
Bolanle Awe, 1989.
[53] For detailed information on Nigeria's
adoption and implementation of SAP, and the consequences, see Mojubaolu
Olufunke Okome, A Sapped Democracy: The Political Economy of the
Structural Adjustment Program and the Political Transition in Nigeria,
1983-1993. MD: University Press of America, 1997.
Also see Adebayo Olukoshi, ed., The Nigerian External Debt Crisis:
Its Management, Lagos: Malthouse, 1990; Crisis and Adjustment
in Nigeria, Lagos: JAD Publishers, 1991; R. Omotayo Olaniyan &
Chibuzo N. Nwoke, eds., Structural Adjustment in Nigeria: The Impact
of SFEM on the Economy, Lagos: NIIA, 1990; Thomas Biersteker,
"Reaching Agreement with the IMF: The Nigerian Negotiations,
1983-1986," Pittsburg: University of Pittsburg, Pew Program In
Case Teaching and Writing in International Affairs, 1988; Dennis Odife,
Structural Adjustment and Economic Revolution in Nigeria, Ibadan,
Nigeria: Heinemann, 1989; Jeffrey Herbst & Adebayo Olukoshi, "Nigeria,"
(Paper prepared for the Project on the Political Economy of Structural
Adjustment in New Democracies), n.d.; Thomas M. Callaghy, "Lost
between State and Market: The Politics of Economic Adjustment in Ghana,
Zambia and Nigeria," in Joan M. Nelson, ed., Economic Crisis
and Policy Choice, Princeton: Princeton University, 1990.
[54] Nigeria is also not a signatory to
the Optional Protocol to the CCPR, and the Second Optional Protocol
to the CCPR or to The International Convention on the Rights of all
Migrant Workers and Members of their Family. Office of the United
Nations High Commission for Human Rights. Status of Ratifications
of the Principal Human Rights Treaties as of 26 November 2001.
www.unhchr.ch/pdf/report.pdf.
[55] Daddieh, 1989 p. 165; Ifeyinwa Iweriebor,
"Women and the Family: Labour and Management - What can be done?,"
in Women and the Family, op cit, pp. 239-252, 1985.
[56] Jadesola O. Akande, Laws and Customs
Affecting Women's Status in Nigeria, Lagos: International Federation
of Women Lawyers, Nigeria, 1979 p.17; Nigerian First Report to CEDAW,
op cit., p. 30.
[58] See Ifeyinwa Iweriebor, "Women
in the Evolution of the Nigerian Constitutional and Political System/Order
since Independence (1960-1990s) Paper presented at Dartmouth College,
Hanover, New Hampshire, May 15, 1992; at The Institute of African
Studies, Columbia University, November 6, 1992 & Ralph Bunche
Institute for the Study of the United Nations, Seminar on Contemporary
Africa, February 19, 1993.
[59] Dalhatu Muhammed, "Women, The
Family and the Wider Society," in Women & Family in Nigeria,
op cit., p. 30; African Guardian, April 9, 1990, pp. 36‑37.
[85] Hauwa, Mahdi, "The Position of
Women in Islam;" Mathew Hassan Kukah, "Women, the Family
and Christianity: Old Testament, New Testament and Contemporary Concepts,"
in Women & Family in Nigeria, op cit., pp. 55-59; 66-72.
[96] See Coles & Mack, Hausa Women
in the Twentieth Century, op cit; P.K. Uchendu, The Role of
Nigerian Women in Politics, op cit; Oyeronke Oyewumi, Mothers,
not Women, op cit.
[97] Development, Human Rights and the Rule
of Law: Report of a Conference held in the Hague on 27 April ‑
1 May, 1981. Convened
by the International Commission of Jurists, Oxford: Pergamon Press,
1981, pp. 44‑45.
[98] Andrew Colin Byrnes, The "Other"
Human Rights Treaty Body: The Work of the Committee on the Elimination
of all Forms of Discrimination Against Women, (Unpublished) Columbia
University Thesis, 1988. pp. 16, 86‑87.
[99] Women &Family in Nigeria, op cit., Introduction.
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