e-sRC

CHAPTER ONE GENERAL INTRODUCTION
1.1 Backgroundto the Study
Nigeria society like most societies in the world is patrilineal and patriarchal. Although, the level of this patriarchy may differ in relative terms from Nigeria one community to another. The question of the “universal” (equal) or „relative‟ (contingent) character of the rights declared in the major instruments of the human rights movement has been a source of debate and advocacy from the beginning when the movement‟s started. The contest between these positions look on renewed vigour as human rights movement slowly developed and reneged on making specific provision on gender issues.1 There have also been diverging theories on the sovereign autonomy of a state to follow it own paths in this matter. For example, the universal theory of human rights claims that the rights to equality and equity enshrines in international treaties must be applicable all over the world in the various domiciliary legal system, even in societies that are fundamentally cultural, religious and or customary.2 In those arguably patriarchal societies such as Nigeria (and in sub-Saharan African in general), laws, rooted in customs and traditions often discriminate against women.3
These discriminatory trends against Nigerian and African women are violations of the fundamental human rights against discrimination, a right recognized in a number of core international human rights instrument. The status accorded to women relative to men is a low one. Such status difference almost and or always translates into unequal recognition and
1 Steiner J and Alston P (2000) International Human Rights in context: Law, Politics and Moral p. 312 2 Ibid. p 161 3 Elizabeth D. and Birgit E. (2010) “Securing Land Rights for Women” 4 Vol. 1 Journal of Eastern African Studies p.91 @ 98.
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treatment of the two sexes in various ways. Quite often, this inherent prejudice has meant discrimination and disadvantages against women in various spheres of human endeavours.
The Nigerian communities being patriarchal societies believe that the traditional role of a woman is that of a child bearer, home keeper, comforter, and food provider for husband, children and at large presupposes that the propagations of the male as the superior sex for purpose of politics, participation and power relation including family and social decision making. Nigerian women constitute the majority of the peasant labour force in agricultural sector, while most of the others occupy bottom of occupational ladder and continue to channel into services and domestic occupation.Politically, Nigerian women are negligible and undermined force with little political involvement.4
In most Nigerian communities, women have no right to land, inheritance of family property and equal opportunity. For instance, some Igbo customary law rules carry the practice further that, when a father or a husband dies, it is purported that only the son(s) have the right to inherit him while the daughter(s) and wives are treated as some forms of chattel.5Whileunder Islamic law, a daughter or wife is given the right to inherit her father or husband but her share of the inheritance is half of her male counterpart.6
It should be noted at this juncture that the rights given to Nigerian women had been properly examined in the decided case of OnyiborAnekwe and Anor vs. Mrs. Maria Nweke7 where the Supreme Court held that Nigerian customs which disinherit women are repugnant to natural justice, equity and good conscience and should therefore not be allowed to stand. The
4Omonubi, M.M (2003) Gender Inequality in Nigeria, Spectrum Books Ltd. Ibadan, p.65 5Asika vs. Atuanya (2008) 17 NWLR (pt 1117) p. 286 6 Q4 verse 11 7 (2014) LPELR 22697 (SC)
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Supreme Courtalso held in the case of Uko vs. Iro8that any law or custom that seek to relegate women to the status of a second class citizen, thus depriving them of their invaluable and constitutionally guaranteed rights are laws and customs fit for the garage and should be consigned to the dustbin of history. On the international scene, gender equality is also on the increase.By virtue of such increase in awareness and campaign in realizing or bridging the gap between the two sexes,many conventions and treaties were drafted, enacted and adopted by various international organizations and countries respectively. These international convention and treaties include Universal Declaration of Human Rights (UDHR), Convention on the Elimination of All Forms of Discrimination against Women (CEDAW) to mention but a few. It is of great importance to state that Nigeria is signatory to virtually all international instruments that encourage equality between the two sexes. Despite the fact that Nigeria took a bold step in the year 2006 when it adopted and passed that Nigeria Policy on women,there are still questions on whether the prominence and the proliferation of human rights laws in Nigeria have achieved the desired level of gender justice and equity that is the balanced protection, participation, respect and fulfillment of the fundamental human rights of women in Nigeria and the implementation of the international instruments. Thus, it is against this background of inequity that this research works sets out to examine the legal regime for the concept of gender equality in international law in relation to its domestic implementation in Nigeria and proffer solution and suggestion on how the implementation of the international instrument will be fully realized.
8 (2001) 2 NWLR (pt.723)p. 196
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1.2 Statement of the Research Problem
A principal problem here is that generally, the attainment of equitable practice between both sexes is a difficult task in Nigeria. For instance, the female folk are seen as subordinate to the male folk in all sphere of life. For example, when it comes to the issue of inheritance, the female are not entitle to the same share with their male counterpart. In the eastern part of Nigeria, female are notentitled to any form of inheritance and they are seen as part of what to be inherited if they are wives of the deceased. However, recently the Supreme Court held that Nigerian customs which disinherit women are repugnant to natural justice, equity and good conscience should therefore not be allowed to stand.9However, the Supreme Court in its judgment encourages equity in inheritance issue in that part of the country but this undoubtedly a difficult task to be achieve in Nigeria. Thus, this goes a long way that in practice the theory is not in correlation in Nigeria, hence the concern for this work.
Economically, women participation in economic development is restricted to a particular limit in Nigeria. For instance, there are some employments that do not encourage the concept of gender equity an example is the Nigerian Police Force whereby a married women cannot be employed and this particular clause it stated categorically in Article 118 of the Police Regulation. The Regulations further narrow the responsibilities of the Women Police.10Indeed, aPolicewoman who intends to get marry most sought permissionso that she can get married and also an unmarried policewoman who get pregnant shall be discharged from the force.11 Also, the Labour Act12specificallySections 54 and 55 provide for the
9OnyiborAnekwe and Anor vs. Mrs. Maria Nweke (2014) LPELR 22697(sc) 10 Article 121-123 of the Nigeria Police Regulation 11Article 124-128 of the Nigeria Police Regulation 12 Cap L1 LFN, 2004
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employment of women. However, Section 55 which provides for night work specifies some employment where women will be allowed to work.This particular section is discriminatory because there are other employment that requires night work in which women are involved.In practice however, women are trying to earn a living in order to meet their family needs. Often these women become victims of sexual harassment by their male bosses either in the public or private sector.13 Thus, the representation of women in paid employment in Nigeria is very low compared to their male counterparts, hence the concern for this work.
Politically, women emancipation in National development is also undermine. It must be noted that the law is not gender bias on who occupies certain office but in practice certain offices has been made forbidden for women. For instance, presidential and gubernatorial offices are forbidden of women in Nigeria and this is as a result of cultural or religious belief where is it is stated that a woman cannot be the head of a society.14
Socially, the educational attainment of women is also restricted despite the importance of formal education; there has been almost virtual deprivation of female education in Nigeria.The education of female has been seen as a secondary factor compared to that of her male counterpart because of the erroneous belief of the parents in some areas that giving a female education means throwing money away as she will cease to be part of the family once she gets marry and this has accounted for nearly 53% of girls that are out of school.15A problem of this nature prompts the research of this kind.
13 Banda, F.H (2005) Women, Law and Human Rights, An African Perspective Portland Oregun, p. 169 14Sada, I.N. “Shariah and the Right of Muslim Women n Nigeria. A. Report Prepare for Special Programme on Women in the North under the Access for Justice Programme” Department of International Development (DFID), Abuja. July 2004 p.25 15 Gender in Nigeria Report (2012) ‘ Improving the lives of Girls and Women in Nigeria” p. 29
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The foregoing shows that gender equity that flows between treatmentsof both sexes in Nigeria is a difficult task in which this dissertation seeks to address even though the constitution which is the ground norms provides in section 42 against non-discrimination.
1.3 Aim and Objectives
This research aims at examining the legal regime for the concept of gender equality in international law in relation to its domestic implementation in Nigeria subject to local circumstances and the existing laws on the subjects matter. In this regard, the objectives of the research are as follows:
a. To examine the adequacy or otherwise of the existing legal framework on the subject matter at both domestic and international level.
b. To examine the efficacy of the existing law in relation to the practical implementation.
c. To examine the factors militating the effective implementation of instruments if any.
d. To proffer viable measures for the improvement of the instruments
1.4 Scope of the Research
This research covers the legal regime for the study of domestic implementation in Nigeria of the concept of gender equality under international law. However, since Nigeria do not live in isolation and because some of these problems occur generally, throughout the world, the discussion of this research will consider what is obtainable in some other parts of the world if possible how they impact into Nigerian situation.