Introduction |
Nigeria is a federal republic composed of 36 states and a capital territory. It is the most populated country on the African Continent. It forms part of the African Union and the Commonwealth linked to the United Kingdom. The president is Head of State and head of the executive power, and is elected every four years by popular vote and for a maximum of 2 terms.
The latest presidential elections were held on 16 April 2011 and Goodluck Jonathan (Peoples Democratic Party of Nigeria- PDP) was elected president. He had assumed the post temporarily in 2010, following the death of President Umaru Musa Yar'Adua. The electoral commission postponed the elections several times claiming "logistical" problems. The greatest fear was a repeat of the irregularities which took place in the 2007 elections. G. Jonathan is from the Niger Delta region in the south of the country. He has therefore become the first Christian who has really held power in Abuja since 1975, except for a three-month period when Ernest Shonekan was the interim president in 1993. In recent decades, the balance of power in Nigeria has favoured Muslim Heads of State, who usually have a Christian vice-president. In May 2011, Human Rights Watch reported the continuation of violence in relation to the elections. HRW reports the death of over 800 people. The victims were assassinated in three days of unrest in twelve Northern States. The presidential elections divided the country along the ethnic and religious lines. When the election result was published on 17 April, it became evident that Muhammadu Buhari, a Muslim candidate and member of Congress for Progressive Change, had lost; his supporters went out onto the streets of the cities in the north to protest, claiming that the results had been manipulated. Now in March 2010, the Libyan leader, Muammar Gaddafi, during a conference to African students, had recommended dividing Nigeria into two countries, Muslim to the north and Christian to the south, which resulted in the Nigerian ambassador withdrawing from Libya.
The episodes of inter-communal violence, police abuse and mismanagement and embezzlement of Nigeria's huge oil wealth have also continued unabated. Perpetrators of human rights violations enjoy near-total impunity. A spate of murders was committed by Islamist groups in the north and continued kidnappings and violence by Niger Delta militants - including the Independence Day bombing in the capital, Abuja, raised concern about the stability of the country in the run-up to the general elections.
Judicial power is independent according to the law but not in practice; it is accused of corruption and inefficiency. Traditional courts apply Shari'a law, in other words, Islamic law. A group of legal experts has been asked to draw up a uniform penal statute of Shari'a law because states use different interpretations. Testimony from women and non-Muslims has less value in Shari'a courts. Sentences such as amputations, beatings or stoning to death have been imposed.
The Constitution provides civil and penal immunity for the President, Vice-President, governors and vice-governors. Corruption is huge and widespread in all levels of Government and in the security forces. According to the Corruption Perception Index 2010 from Transparency International , Nigeria occupies 134th place out of 178 countries with 2.4 points on a scale of 0 to 10.
Since important oil fields were discovered in the 1960s, the Nigerian economy has gone from being agricultural and pastoral to industrial. With 37,500 million barrels of crude reserves and more than 5,246 million m3 of natural gas, it is one of the most developed African countries. Nonetheless, the strong dependence on oil and the fact that this is in the hands of foreign companies, means there is serious social inequality. While the majority of Nigerians live on less than a dollar a day (in 2007, it was estimated that 70% were living below the poverty line), there is a minority that largely benefits from the oil money. UNICEF statistics indicate that around 12% of all deaths of children under five years old in the world are registered in Nigeria. This means that every day almost 3,000 children under the age of 5 die in this country. In the majority of cases, these young lives could have been saved by prevention and low-cost treatment intervention. Conversely, oil production in Nigeria has decreased in recent years mainly due to the violence directed at the oil infrastructure and foreign interests in the Niger Delta, (e.g., that is where one of the largest crude oil thefts for sale on the black market is recorded) by, among others, groups who claim to be fighting for greater benefits and for control of the oil wealth for local communities.
Discrimination on the basis of place of origin, ethnic group, sex, religion or political opinion is prohibited, but several groups are still discriminated against. The police, army and security forces are accused of committing extra-judicial murders. Impunity is constantly practised. Officials are seldom blamed for using arbitrary or excessive force and for deaths that occur during custody of detainees. The police routinely torture suspects, including children. Approximately 920 persons were sentenced to death, among them eight women, ten prisoners over 70 years old and more than 20 who were under 18 years old at the time of the crime. No execution was reported. Many inmates were sentenced to death after irregular trials or after spending more than ten years in prison waiting to be tried.
At the end of 2010, 12 of the 36 Nigerian States had still not passed a law on children's rights. Children are routinely detained with adults in the police station and in prison. Only one of the three detention houses in the country was in operation with approximately 600 children on premises designed for 200. Government provisions for homeless children and those in vulnerable situations is still insufficient with more than one million children on the street throughout the country. At the end of 2010, no investigation had been carried out into the violent incident on 29 December 2009 in Bauchi which, with the participation of the Islamic sect Kala-Kato, left at least 38 people dead, 22 of them children.
The law formally guarantees freedom of expression and of the press, but this is limited in practice. Attacks on journalists mean that they practice self-censorship, although part of the national press continues to be critical of the government. Newspapers and televisions are relatively expensive. Low literacy rates mean that the radio is the most important means of communication. Once again, the National Assembly has not been able to approve legislation to improve transparency, particularly the law on freedom of information, but it approved a watered-down version of an electoral reform bill.
The law prohibits trafficking in persons, but the country is a point of origin, transit and destination for victims of forced labour, domestic servitude and sexual exploitation. The ILO calculates that 40% of street vendors are victims of trafficking in persons. Traffickers bring children from rural to urban areas to work as domestic employees, street vendors, dealers and beggars. The reports accuse the police, the immigration authorities and the airport authorities of collaborating in the trafficking, which is sustained because of poverty, lack of access to education and the absence of economic opportunities. Although there is no state religion, some states have approved some private groups making sure that Shari'a law is observed and they are authorised to carry out detentions
Homosexuality is illegal and may be punished by the death penalty.
People affected by HIV/AIDS suffer widespread discrimination, and often lose their job or do not manage to access health services. In spite of being the largest oil producer in Africa and 12th largest oil producer in the world, Nigeria is 158 out of 177 countries in the Human Poverty Index of the United Nations Development Programme (UNDP) . This situation means that Nigeria is facing huge challenges in the fight against the HIV and AIDS epidemic. In 2010, the National Action Commission on AIDS (NACA) launched its comprehensive National Strategic Framework 2010-2015. Some of the main objectives included are: to offer advice and access to the tests which enable diagnosis of the disease to 80% of sexually active adults and to 80% of the most high-risk populations, and to improve access to quality care and support services for, at least, 50% of people living with HIV in 2015.
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Tertiary/Higher Education
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1,289,656 students (35% female) study in tertiary institutions with a gross enrolment rate of 10%. 15,138 Nigerian students study abroad, especially in the USA (6,140), the UK (5,942), Germany (630), Saudi Arabia (256) and Belgium (194). Confrontations between rival student groups, known as sects, continue in tertiary institutions. These confrontations result in murders, rapes, personal injury and material destruction. At the Federal University of Technology in Minna, a fight between rival sects ended with the death of two students. The university was closed to stem the violence and later re-opened its doors.
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Refugee Children
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The law provides for the granting of asylum or refugee status in accordance with the 1951 UN Convention relating to the Status of Refugees and its 1967 Protocol, and the government has set up a system of protection for refugees. According to the United Nations High Commission for Refugees- UNHCR , the country had 8,747 refugees at the end of 2010, the majority of which were from the Democratic Republic of Congo, Liberia and Cameroon. At the end of the year, 5,316 Liberian refugees remained close to Lagos, waiting either to be repatriated, resettled or locally integrated. Furthermore, the UNHCR dealt with 1,120 refugees from the Democratic Republic of Congo, Sudan, Chad and other west African nations. There were 1,994 Nigerians living on the Cameroon side of the border who have now settled in Bakassi, Cross River State and who are not considered refugees. Also, 1,815 persons requested asylum, 66% of them from the Democratic Republic of Congo.
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Gender Equality
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Violence against women continues to be widespread, including domestic violence, rape and other forms of sexual violence by state officials and individuals. The authorities have not exercised due diligence in the prevention and treatment of sexual violence by state and non-state agents, which leads to a deeply-rooted culture of impunity.
The law does not restrict women's rights in any job, but reports point out that the traditional and religious practices are discriminatory. Access to employment, promotion and salary equality continue to be difficult issues. The principal of equal pay for a job of equal value or equivalent value is not observed. Women who are the head of the family have difficulties in acquiring official advantages that are given to men who are the head of the family. Women are the pillar of the informal economy. According to the traditional systems of leasing lands, women may access the same land through marriage or family, but some traditional practices do not recognise the right of a woman to inherit her husband's assets. Many widows remain in destitution. Different traditions are applied to widows, from locking them up for a year, to considering them inherited assets for their in-laws. Polygamy is practised among some ethnic and religious groups, and purdah is practised in the north of the country. Under-age marriages are also carried out.
Domestic violence is a common practice. The police normally do not intervene in domestic disputes. Married men may use physical means to punish their wives providing that they do not cause serious injuries, which are defined as a loss of vision, hearing or speech, facial disfiguration or mortal wounds. The courts and police are reluctant to intervene. Sexual harassment is a problem that the law does not address. Reports speak of sexual exchange in return for employment or good marks at university, and it is said that rape is an epidemic practice in universities. Female genital mutilation (FGM) is practised throughout the country, but especially in the south. The government is opposed to FGM, but it has not taken legal measures to abolish this practice. States which have adopted Shari'a law have classed prostitution as a crime.
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Trade Union Rights
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Workers have the right to associate, except members of the armed forces and basic services employees, a wider category than the ILO definition. Employees of the export processing area may not join trade unions. Less than 10% of the working population is unionised. The agricultural sector is not unionised, nor is the informal sector. The amendment to the Trade Union Act eliminated the sole organised federation structure in the Nigeria Labour Congress. Labour federations must be registered and have 12 or more trade unions as members. A minimum of 50 workers are required to constitute a trade union. The trade unions and federations which existed before the law was passed retain their status. Collective bargaining is permitted, which is common in the public sector and the organised private sector. Workers, except those working in basic services, have the right to strike, although national strikes are prohibited. The right to strike is limited to non-compliance of contract, salaries and working conditions. Forced or compulsory labour is prohibited, but reports indicate that it does exist. Labour legislation is not rigorously observed. Salaries that are the product of collective bargaining are higher than the minimum salary.
2009 was a violent year for trade union members in Nigeria. A group of nurses was seriously injured when they were attacked by thugs during a peaceful protest. Several doctors on strike were also attacked, one of them seriously. In an attack on the Maritime Workers' Union offices, four union leaders were seriously injured and others suffered less serious injuries. A trade union leader from Benue State was assassinated.
In September 2009, teachers from the Abeokuta University of Agriculture in Ogun State took to the streets in protest at the government's constant refusal to sign the agreement reached with the Academic Staff Union of Universities (ASUU) in 2001. Police permission is required prior to organising a strike, but it is rarely granted. The use of violence against trade unionists before or during strikes or protests on top of the use of the security forces to intimidate, harass and arrest strikers, seriously undermines the right to strike.
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Footnotes
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State of World Population 2010. "From conflicts and crises towards renewal: generations of change" UNFPA, November 2010, www.unfpa.org (Spanish)
"Nigeria: Post-Election Violence killed 800", Human Rights Watch, 16 May 2011, www.hrw.org
www.transparency.org
Reserves verified on 1 January 2011.
Amnesty International, Amnesty International Annual Report 2011 - Nigeria, 13 May 2011, available at: http://www.unhcr.org/refworld/docid
Human Rights Watch, 16 May 2011, www.hrw.org
World Report 2011, Human Rights Watch, www.hrw.org
Human Development Report 2010, "The Real Wealth of Nations: Pathways to Human Development", 20th Anniversary Edition, United Nations Development Programme-UNDP, New York, www.undp.org
United Nations High Commission for Refugees-UNHCR, 2011, www.unhcr.org
It is the practice to hide women from men who are not direct relatives. This takes two forms: physical segregation and/or the demand that women cover their bodies by wearing the Burka or the Niqab. The term is often translated as "honour". Often disregard for these rules by women culminates in an honour crime.
Annual Report on Violations of Trade Union Rights 2010, ITUC-CSI, www.ituc-csi.org
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