BAOBAB for Women’s Human Rights' POSITION ON THE BILL FOR AN ACT TO PROHIBIT AND PUNISH PUBLIC NUDITY, SEXUAL INTIMIDATION AND OTHER RELATED OFFENCES IN NIGERIA 2007
BACKGROUND
Over the years, women have suffered untold hardship and disadvantages due to a lack of commitment of government and quality representation in bringing to the fore critical issues affecting them. In appreciating the concerns affecting women in Nigeria, such as the high maternal and infant mortality rate, food and water crisis, poor political representation, harmful traditional practices, domestic violence and unfriendly policies relating to their socio-economic and reproductive functions in the society, the proposed bill trivializes women’s demand for a just society founded on gender equality.
OBSERVATIONS
In light of the proposed bill, BAOBAB for Women’s Human Rights (BAOBAB) has observed with great concern the following:
- The wide discretionary power given to the Police authority under this bill.
- The disproportionate level of discrimination the bill will promote to the disadvantage of women.
- With the rising trend of violence in the society, human insecurity and domestic violence, the bill will create a road map leading to more violations of women’s rights.
- The bill will impose a subjective moral code in Nigeria, a society that is not homogenous in its values and beliefs.
- A continuing emphasis placed on presumed public nudity in this bill will lead to justification of criminal behaviours towards women from both state and non-state actors.
- Considering the socio-economic classification of women based on education, religion, and status, the bill will indiscriminately affect the least empowered.
From a technical perspective, BAOBAB for Women’s Human Rights (BAOBAB) also observed the following:
- The ambiguity of certain terms in the bill such as “private part”, “reasonable suspicion”, “sexually seduce”, “indecent dressing” and “public nudity” among others are open to subjective interpretation.
- The provision on the presumption of guilt as opposed to the presumption of innocence is contrary to natural justice.
- The fine imposition is devoid of an economic consideration of the financial hardship faced by Nigerians, especially the most susceptible targets of the bill.
- The issues of presumed public nudity and sexual intimidation are separate and distinct and should not be encompassed within the same bill.
Surprisingly, this bill unconstitutional in nature and seeking to legislate on morality has successfully passed the first and the second hearing on the floor of the Senate. At this point we plead with the distinguished Senators to consider the underlying detrimental effect of this bill and stop its final passage in to law.
BAOBAB for Women’s Human Rights expresses its deep concern about the moral and human rights insensibilities of the proposed bill, its unconstitutionalities and the uneconomical channelling of legislative efforts to less important issues in the face of pressing national development and human rights concerns.
RECOMMENDATIONS
- The Senate should out rightly resist any attempt in compelling Senators to legislate on morality and imposition of a national law on dress code for Nigerians.
- Legislate with a sense of urgency on thriving national development and human rights issues in relation to alleviating the plight of the masses and vulnerable in the society.
- Ensure in all circumstances respect for human rights and fundamental freedoms in accordance with the national constitution, international human rights standards and international instruments ratified by Nigeria, such as the Convention on the Elimination of all forms of Discrimination Against Women (CEDAW)
Recalling, that Nigeria is the incumbent Chair of the United Nations Human Rights Councils, the country must set a standard in its obligatory role in the promotion of human rights commencing with the human rights situation of its citizens.
In the word of Martin Ihoeghian, President of the United Nations Human Rights Council, “the Council's main purpose is to uphold the dignity of the human person through the promotion and protection of human rights…failure to advance the aims and objectives of the Human Rights Council collectively by all nations, all peoples and all institutions will be a colossal failure of humanity to protect its own dignity and rights under the rule of law.”
The World is watching, Africa is expecting and Nigerians are appealing!
URGENT APPEAL - BAOBAB for Women’s Human Rights
Proposed Bill on Public Nudity/ Legislating on Morality/ Gender Discrimination
Nigeria
June 24, 2008
BAOBAB for Women’s Human Rights, Lagos, Nigeria requests your urgent intervention for the on-coming Public Hearing on the “Bill for an Act to Prohibit and Punish Public Nudity, Sexual Intimidation and Other Related Offences in Nigeria” on July 02, 2008.
This Bill unconstitutional in nature and seeking to legislate on morality has successfully passed the first and the second hearing on the floor of the Senate, a ccording to the information received, on June 06, 2008. This is an attempt to set a subjective standard to determine personal dressing and to criminize and penalize offenders.
A critical analysis of the bill depicted gross unconstitutionality of its provisions and clearly discriminatory against women disregarding the universally recognized principles of the presumption of innocence. In addition to legislating on morality which is distinct from law, it provides an expansive definition of public nudity beyond its ordinary meaning, overlooking the diverse cultural and belief systems in Nigeria.
The Bill is contrary to constitutionally and internationally guaranteed rights which prohibit discrimination on basis of gender. It also gives wide powers to police officers who have access to limited resources to fight crime to have reasons to harass people and invade their personal life.
BAOBAB for Women’s Human Rights expresses its deep concern about the ongoing insensibilities of the Nigerian Parliament on legislating on unconstitutionalities and channelling legislative efforts to trivialities in the face of pressing national development issues and human rights situations particularly women’s rights. BAOBAB for Women’s Human Rights will also immediately alert the United Nations Special Rapporteur on the situation of Women’s human rights and the Special Rapporteur of the African Commission on Human and Peoples’ Rights (ACHPR) on Women’s Human Rights in Africa.
BAOBAB for Women’s Human Rights further recalls that Nigeria as the incumbent President of the United Nations Human Rights Councils has to set a standard in its obligatory role in the promotion of human rights commencing with the human rights situation of its citizens.
Background information:
On January 14, 2008, Senator Ufot Eme Ekaette, Senate Committee Chairperson on Women and Youth informed the members of the public through the medium of the News Agency of Nigeria on her desire to ensure that the moral attitudes, cultural and traditional norms of the Nigerian Society are preserved. This according to her, is in a bid to address indecency and immorality. In February, the Senators truly began to legislate on this Bill and this Bill that has generated a lot of controversy from the public has passed its first and second hearing at the moment.
Actions required:
Please write to the authorities of the National Assembly urging them to:
- Conform to the constitution and all international and human rights instruments to which Nigeria is a signatory.
- Resist the move by Senator Ufot Eme Ekaette, Senate Committee Chairperson on Women and Youth, in compelling legislators to legislate on morality and imposition of a national law on dress code for the Nigeria citizens.
- Reconsider their position and reject the enactment of such a complicated moral issues into law for the benefit of females and Nigeria as a whole.
- Realize that Nigeria is a secular state and not founded on any religious affiliation as imposition of dress code connotes a strong affiliation to religious tenets and principles as a result compelling Nigerians to be bound by tenets favouring religious sects.
- Legislate with the sense of urgency on thriving national development and human rights issues in relation to alleviating the plight of the masses and vulnerable in the society.
- Ensure in all circumstances respect for human rights and fundamental freedoms in accordance with the national constitution, international human rights standards and international instruments ratified by Nigeria
Addresses:
General Contact information for the Senate
National Assembly Complex
Three Arms Zone
P.M.B 141 Abuja
Nigeria
Email: senateinfo@nassnig.org
Contact Information for Key Senate Members
1 . Senator David Mark: dmark@nassnig.org
2. Senator Ike Ekweremadu:ikeekweremadu@yahoo.com,senatorikeekweremadu@senatorikeekweremadu.com
3. Sen. Victor Ndoma-Egba SAN
Contact Telephone Number: 08033141877, 08028383170
E-mail Address: vndomegba@nassnig.org
4. Sen. Abubakar T. Ayuba
Constituency Address No 2 Tanko Ayuba Road, Dirindaji, Sakaba LGA, Kebbi State.
Contact Telephone Number 08030660943
5. Sen. Adefemi Kila
Contact Telephone Number: 08037879791
E-mail Address: femi_kila2000@yahoo.com
Please also write to the embassies of Nigeria in your respective country.
Kindly inform us of any action undertaken with regards to this appeal in your reply.
To contact us, write to or call:
BAOBAB for Women's Human Rights
76, Ogudu Road, Ojota.
P.O. Box 73630, Victoria Island Lagos.
Tel: +234 - 8980834, 4962302, 4747931, 08023330981
http://baobabwomen.blogspot.com/
E-mail: baobab@baobabwomen.org,Website: http://ww.baobabwomen.org
UNCONSTITUTIONAL AND INDECENT: A LEGAL OPINION ON THE INDECENT DRESSING BILL by Alliances for Africa
This legal opinion is a reaction to a bill sponsored by Senator Eme Ufot Ekaette (MFR), Committee Chairperson on Women and Youth of the Nigerian Senate proposing that the National Assembly (The Nigerian Federal Legislative body) pass a Law prohibiting and punishing public nudity, sexual intimidation and other related offences in Nigeria.
The proposed bill is an attempt to set a subjective standard to determine personal dressing and to criminalise and penalise people who do not comply with the dress code. The bill by its nature is contradictory and invasive on the following grounds:
▪ It discriminates against women;
▪ It disregards the universally recognised presumption of innocence;
▪ It interferes with the constitutional privilege against self-incrimination;
▪ It will overburden the courts’ case load with frivolous allegations;
▪ It attempts to impose a highly unusual and clearly unjustifiable dimension to law-making in a constitutional democracy;
▪ It wrongly assumes that any enactment would have jurisdiction across the federation of Nigeria since as a criminal bill it can only be within the legislative powers of the States’ Houses of Assembly;
▪ It infringes on the fundamental rights protected in Chapter IV of the Constitution of the Federal Republic of Nigeria;
▪ It expands the definition of public nudity beyond its ordinary meaning;
▪ It legislates on morality which is distinct from law;
▪ It does not take into cognisance Nigeria’s diverse cultures and beliefs;
▪ The provisions on sexual intimidation are worded in such a way that can lead to blackmail and abuse;
▪ It appears to usurp the power of the Attorney General as provided for under the Constitution by stating that a fiat of the Attorney General is automatically granted to the Police on his behalf;
▪ It creates confusion by giving both the Magistrate Court and the High Court concurrent jurisdiction to hear and determine cases.
▪ It reaffirms the roles of religious bodies, the ministries of information and the National Orientation Agency which only makes it the more obvious that a law criminalising dressing or indecency is unnecessary.....more
UN SECURITY COUNCIL TO TABLE NEW RESOLUTION ON SEXUAL VIOLENCE
June 18, 2008
Mavic Cabrera Balleza - IWTC
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1. NEW UN SECURITY COUNCIL RESOLUTION ON SEXUAL VIOLENCE
2. ARRIA FORMULA MEETING ON SEXUAL VIOLENCE IN CONFLICT-AFFECTED COUNTRIES
3. OPEN DEBATE/ MINISTERIAL MEETING ON THE NEW SECURITY COUNCIL RESOLUTION ON SEXUAL VIOLENCE
4. NGO WORKING GROUP ON WOMEN, PEACE AND SECURITY RESPONSE TO THE RESOLUTION
5. WOMEN'S NGOS FROM AROUND THE WORLD OFFER MIXED RESPONSES |
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1. NEW UN SECURITY COUNCIL RESOLUTION ON SEXUAL VIOLENCE
A new UN Security Council resolution on sexual violence is currently being discussed by NGOs, UN member states, and UN agencies. This new resolution, which is expected to be debated and voted on by the Security Council on June 19, 2008, would require the Council to analyze and address the occurrence of sexual violence in all conflict-affected situations on its agenda. The Security Council has been the subject of criticism - especially from women's rights advocates - for failing to respond to the issue of sexual violence in a consistent and systematic manner. It was only recently that it issued strong statements on the appalling levels of sexual violence in the Democratic Republic of the Congo and in Cote d'Ivoire....more
Report of a Two-Day Workshop organized for Secondary Schools in Lagos State by Action Health Incorporated from June 9th – 10th, 2008
BAOBAB For Women’s Human Rights participated in a two day workshop organised for Secondary Schools in Lagos State by Action Health Incorporated. The workshop was part of the preparation for the Teenage Festival of Life that will be held in November, 2008. The topic of the workshop was Ensuring our Rights: Addressing Harmful Sexual Health Practices. The workshop was organised to expose young people to harmful sexual health practices and to enlighten them on their sexual and reproductive health and rights. The workshop was also aimed at equipping the students on how they can use creative art for advocacy against harmful sexual and reproductive health practices. It was also meant to deconstruct gender stereotypes and improve parent-child communication. The students were expected to use the knowledge gained at the workshop to produce poetry, music and drama to be presented at the Teenage Festival of Life in November. The two-day workshop was divided into 12 sessions, 6 sessions per day because of the large population of students from different schools across the state. Josephine Effa-Chukwuma, Executive Director of Project Alert made the first presentation on Harmful Sexual Health Practices. She spoke extensively on harmful sexual health practices and the consequence of such practices.....more
WOMEN DEMAND ACTION AND ACCOUNTABILITY NOW!
 We, women's groups (including women living with and affected by HIV/AIDS and young women) present here at the High Level Meeting on AIDS, urge national governments and the UN system to keep their promises to women and girls who continue to be at an alarming risk of HIV infection and of receiving inadequate prevention, treatment, care and support as a result of persisting social, cultural and economic subordination, structural inequalities, as well as pervasive violence in their homes, communities, schools, workplaces, streets, markets, police stations hospitals, and situations of institutional confinement. We welcome the progress noted in the Secretary General’s Report relevant to women and girls such as the fact that, in 2007, “ More than 80 per cent of countries, including 85 per cent in sub-Saharan Africa, have policies in place to ensure the equal access of women and girls to HIV prevention, treatment, care and support”. However, the same report states that “only 53 per cent provide budgeted support for women-focused programmes”, a situation which we strongly denounce. It is time to move beyond the mere promulgation of laws and policies to their full and immediate implementation....more
STATEMENT IN SUPPORT OF IRANIAN WOMEN
ON THE ANNIVERSARY OF 12 JUNE 2006 DEMONSTRATION
[TO ENDORSE PLEASE SEND AN EMAIL TO hadighaemi@iranhumanrights.org ]
We, the undersigned, representing international women's and human rights organizations, express our solidarity with Iranian women, on 12 June 2008. This is the day identified by women's rights activists in Iran as their national day of solidarity in objecting to laws that discriminate against women.
Four years ago, on this day, women's rights activists organized an unprecedented protest in front of Tehran University, demanding that laws which discriminate against women be revised. They pledged to keep up their activities until their demands were met by authorities. On 12 June 2006, Iranian women's rights activists took to the streets again and planned a similar protest in Haft-e Tir Square, in Tehran, with similar objectives and demands. The protest was violently broken up and over 70 persons arrested. This was the first major crackdown against peaceful women's activism in Iran.
Since then, scores of women's rights activists in Iran have been summoned, charged, arrested and sentenced in relation to their peaceful activism and their demands for equality. Last year, because of security pressures, women's rights activists celebrated their day of solidarity in their private homes. But as witnessed in the continued summonses to court and persecution of activists involved in the One Million Signatures Campaign, the security forces won't even tolerate the convening of meetings by activists in their private homes.
On this day, we the undersigned thus want to express our solidarity with women's rights activists in Iran and send them and their government the message that the international community is watching. We are watching closely their struggle for equality and admire their creativity, persistence and determination under difficult circumstances.
We urge the Iranian government to stop its harassment of equal rights defenders, to drop all charges against activists who have peacefully advocated for the human rights of women, especially those involved in the One Million Signatures Campaign, to allow women's rights activists to use civil means to address their concerns about discriminatory Iranian laws, and to raise awareness about their concerns among the public.
Lastly, we urge the Iranian authorities to take concrete steps to bring laws governing the lives of women in line with international human rights standards, and in line with Iran's own international commitments. We urge them to recognize that, while Iranian women have achieved a great deal socially, laws lag far behind the realities of women's lives in Iran.
And in closing, we urge the Iranian government to allow women to celebrate their day of solidarity unimpeded.
Ask ASEAN to Help the People of Myanmar
 In the aftermath of Cyclone Nargis, tens of thousands of people have died and up to 2.5 million people have been severely affected and made homeless without essential food, shelter or healthcare. The survivors are not receiving the necessary assistance. Ask the Association of South East Asian Nations (ASEAN) to urge the government of Myanmar to provide humanitarian aid throughout the areas affected by Cyclone Nargis. Please send an appeal to current ASEAN Chair Singapore through its ambassador to the United States.. .. More
Help Guatemalan Defenders Uncover the Past
On May 19 Fredy Peccerelli received an email that said that he would be killed and his wife would be raped, murdered, and sent to him in pieces. Peccerelli is a renowned forensic anthropologist who leads exhumations of mass graves. The scientific evidence he and his team uncover could enable the prosecution of those responsible for hundreds of massacres committed during Guatemala's armed conflict.Days earlier Judge Eduardo Cojulun also received death threats. He had just sent a report to the government stating that there was sufficient evidence for these crimes to be prosecuted in Guatemala.The Guatemalan government must now act to stop the intimidation of human rights defenders seeking accountability for past mass atrocities. Please send a letter to the Guatemalan government ....More
Bangladesh: Sharp rise in extrajudicial killings and rapes, NGO reports
In its monthly human rights report, Odhikar, a FORUM-ASIA member in Bangladesh, has expressed concern about the increase in the number of extrajudicial killings during April, in which the death toll was more than double that of the previous month. The NGO also reported alarming increases in incidences of violence against women, with 52 women and girls victims of rape. Odhikar has called on the government to put an immediate end to the extrajudicial killings and attacks on women, as well as ensure proper support and compensation for victims......
Download the full report (.pdf).
Iran: More women's rights defenders sentenced
12/05/2008
Four women's rights activists, Nasrin Afzali, Nahid Jafari, Zeinab Peighambar-zadeh, and Minou Mortazi, have been given suspended sentences of whipping (10 lashes) and six months imprisonment.
Four women's rights activists, Nasrin Afzali, Nahid Jafari, Zeinab Peighambar-zadeh, and Minou Mortazi, have been given suspended sentences of whipping (10 lashes) and six months imprisonment. They have been given this harsh sentence for having been part of a small group of people who gathered outside the Revolutionary Court in March, 2007 to register their objections to the trial of five other women activists earlier charged for taking part in a peaceful demonstration in 2006 to demand the removal of laws discriminating against women.
WHAT YOU CAN DO
You can contact to the Iranian authorities and the embassy of Iran in your home country via letter, email, fax and/or telephone.....More
Overview /Simplification of the Protection Against Domestic Violence Law 2007 by BAOBAB for Women’s Human Rights.
The Protection Against Domestic Violence Law 2007, prohibits any person from committing any act of domestic violence (DV) against any person in Lagos State. A complainant under the law can apply for a protection order where an act of DV or a criminal offence that contains an element of domestic violence is committed against him or her. The complaint can be lodged with any of the following persons who, only after obtaining the consent of the complainant, may apply on his/her behalf:
- Counselors;
- Health Service Provider;
- Social Worker;
- Organizations;
- Teachers; and
- Police Officers.
There are instances where consent is not required such as when the complainant is a minor (a child or persons under 18 years) lunatic, unconscious, and persons incapable of giving consent or the court satisfied that the complaint is unable to provide the required consent....More
The WMD's DemocracyNews :: Electronic Newsletter of the World Movement for Democracy
Special Issue - March 2008
SPECIAL ANNOUNCEMENT: "Defending Civil Society" Report Available in Six Languages
The World Movement's Website (www.wmd.org) now features the "Defending Civil Society" report in six different languages: Arabic, Chinese, English, French, Russian, and Spanish.
As announced in the February issue of DemocracyNews, the report, co-authored by the World Movement Secretariat at NED and the International Center for Not-for-Profit Law (ICNL), articulates long established principles, rooted in international law, that have served to protect civil society but have been increasingly violated by various governments that seek to restrict the space in which civil society groups-particularly democracy and human rights groups-carry out their work. the Report is being endorsed by a group of internationally-recognized civil society leaders, thus far by Vaclav Havel ( Czech Republic), Saad Eddin Ibrahim ( Egypt), and Anwar Ibrahim ( Malaysia).
Direct links to the report are the following:
http://www.wmd.org/documents/Defending%20Civil%20Society%20-%20Arabic.pdf (Arabic)
http://www.wmd.org/documents/Defending%20Civil%20Society%20-%20Chinese.pdf (Chinese)
http://www.wmd.org/documents/Defending%20Civil%20Society%20-%20English.pdf (English)
http://www.wmd.org/documents/Défense%20de%20la%20société%20civile.pdf (French)
http://www.wmd.org/documents/Defending%20Civil%20Society%20-%20Russian.pdf (Russian)
http://www.wmd.org/documents/La%20Defensa%20de%20la%20Sociedad%20Civil.pdf (Spanish)
Job Opportunity
BAOBAB For Women’s Human Rights, a non-profit, non-governmental women’s human rights organization, which focuses on women’s legal rights issues under religious, customary and statutory laws in Nigeria , requires the services of a suitable candidate for the position of an Accounts Officer.
The ideal candidate must have experience in office administration with not less than four (4) years cognate experience. The right candidate must possess minimum of BSC in Management and Accounting.
Suitable candidate should forward their application and detailed Curriculum Vitae and a writing sample on a women’s rights issue within two weeks of this publication to:
BAOBAB for Women’s Human Rights
P.O Box 73630 , Victoria Island , Lagos.
Email: baobab@baobabwomen.org
Only short-listed applicants will be contacted
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