Discrimination against women in Nigeria has a long and complex history deeply entrenched in cultural traditions and ethnic diversity. While international organizations such as the United Nations and the European Union have exerted pressure to raise awareness about this issue, discriminatory laws continue to persist. The 1995 Beijing Declaration marked a pivotal moment in the global fight for gender equality and women’s rights, providing a comprehensive framework for change. However, two decades later, Nigeria still faces numerous challenges in implementing policies that promote gender equality and human rights.
This article aims to delve into the discriminatory laws against women in Nigeria, the barriers that hinder their eradication, and proposes detailed measures to mitigate this issue. Particularly in northern Nigeria, where women are often treated as ‘property’, they remain one of the most vulnerable groups subject to discrimination.
Legal Framework on Discriminatory Laws Against Women in Nigeria
Nigeria’s legal framework is rich with laws against discrimination, but the problem lies primarily in their implementation and enforcement. Discrimination against women is a global issue, but it manifests more severely in developing countries like Nigeria. Despite the adoption of international norms, such as the United Nations Convention on the Elimination of All Forms of Discrimination Against Women in 1985 and the National Gender Policy of 2006, deep-rooted cultural and structural challenges continue to perpetuate inequality.
Discrimination Against Women on Labour Issues
Nigerian laws related to labour issues contain several discriminatory provisions against women, which require a closer examination. For instance, Section 55(1) of the Labour Act restricts women from night work in public or agricultural enterprises, with exceptions for specific positions. Section 56(1) of the Labour Act prohibits women from engaging in underground work in mines. Additionally, civil service rules in some states further exacerbate gender discrimination. An example is the requirement for female civil servants to refund training costs if their course is interrupted due to pregnancy.
Discrimination Against Women in the Police Force and Paramilitary Services
Sections of the Police Act, the Nigerian Drug Law Enforcement Agency (NDLEA) Act, and the Air Force Act contribute to discrimination against women in these institutions. The Police Act prevents married women from seeking enlistment and requires written approval for marriage. The NDLEA Act imposes restrictions on the marital status of female applicants. Such laws perpetuate gender bias in recruitment and service conditions.
The Role of Customs and Traditional Practices
Customary practices play a significant role in gender discrimination in Nigeria and warrant a closer look. Some communities restrict women’s access to land, considering the women as ‘property’ and incapable of owning land independently. However, variations exist, as some communities recognize women’s property rights. For instance, women married under the Marriage Act enjoy property protection, while those under customary law have limited rights over their spouses’ property.
Other Discriminatory Laws
Apart from labour and security forces-related discrimination, various other laws discriminate against women in Nigeria. These include taxation, maternity laws, and wills. Furthermore, the Violence against Women (Prohibition) Act, VAPP, designed to protect women from all forms of violence, has since being enacted as federal law but not implemented.
Progress and Legal Challenges
Despite these discriminatory laws, Nigeria has made strides in promoting women’s rights. Initiatives like girl-child education, women’s participation in politics, and the appointment of the first female Chief Justice of Nigeria signify positive change. Moreover, courts are becoming more proactive in challenging discriminatory laws. Recent legal cases have invalidated certain discriminatory provisions, demonstrating the potential for progress through legal channels.
International Agreements and Nigeria’s Legal Framework
Nigeria has ratified international and regional treaties, such as the Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW) and the African Charter on Human and Peoples’ Rights. While these treaties may not be fully incorporated into national law, they have influenced legal decisions and activism, holding the government accountable for women’s rights violations.
Sexual Violence Laws Against Women
Rape against women remains a significant concern in Nigeria, often underreported due to societal stigma. Laws and rules of evidence can disadvantage victims in court, making it challenging to secure convictions. Indecent assaults against men and women also carry different punishments, further reflecting gender bias.
Citizenship Status and Consent Before Marriage
Nigerian laws related to citizenship and marriage continue to discriminate against women. Section 26 of the Constitution allows the president to confer Nigerian citizenship on women married to Nigerian citizens but does not extend this privilege to men married to Nigerian women. Additionally, laws requiring consent before marriage are unequal and favor men over women.
Recommendations
While progress has been made in addressing discriminatory laws against women in Nigeria, challenges persist. Culturally rooted customs and traditions continue to perpetuate gender inequality. To address this issue, non-governmental organizations should leverage the African Charter on Human and Peoples’ Rights and international treaties to advocate for women’s rights.
To promote gender equality, Nigeria should consider domesticating the Protocol to the African Charter on Women’s Rights and the CEDAW. Abolishing the unconstitutional Sharia penal system in northern Nigeria could also help eliminate gender discrimination.
Conclusion
Discrimination against women in Nigeria is a complex issue with deep-seated cultural and legal factors. While progress has been made, there is still much work to be done to ensure gender equality and protect women’s rights in all aspects of Nigerian society. Detailed efforts and sustained advocacy are essential to create a more equitable and just society for all.