Issue 01, August 2013, N1,000 $7 £5
PIVOT Heralding the rights of women and children
Interview with Chief ‘FOLAKE
SOLANKE, SAN, CON THE CHALLENGES OF THE
FEMALE LITIGATOR THE LEGALITY OF CHILD MARRIAGE AND THE
IMPLICATION FOR THE SOCIO-ECONOMIC DEVELOPMENT OF
THE GIRL-CHILD IN NIGERIA
NEWS AND DEVELOPMENTS ON
HUMAN RIGHTS Case Review of
ALABI v ALABI UNDERLYING REASONS WHY WOMEN STAY IN
ABUSIVE RELATIONSHIPS
An Exciting World of Gifts
PIVOT
Heralding the rights of women and children
Editorial Team Winnifed Olanipekun - Editor-in-Chief Keno Eden-Ettah Adewumi Olaoye Uzo Obichere Funsho Olorunfemi Ifeoluwagbeminiyi Ojediran
& BOUTIQUE
Editorial Assistants Opeyemi Akinkusote Violet Akibor
Guidelines for Contributors PIVOT NEWSLETTER is a quarterly publication which focuses on the human rights of women and children both in Nigeria and internationally. We welcome articles, case reviews and opinions on topical issues, recent statutes or pending bills for publication on the subject matter. All write-ups are to be submitted to the Editor-in-Chief at info@aucourantlegal.com and pivotnewsletter@yahoo.com Each write-up should be approximately 1500 words. We suggest that all references should be by way of end notes. Reference to published work must include full bibliographical details, particularly name of publisher as well as year of publication.
EDITORIAL NOTE Welcome to the maiden edition of our PIVOT NEWSLETTER! We are very delighted in bringing this special edition to you. Let us begin by introducing PIVOT to you: This is a quarterly publication which will offer a focused perspective on women and children's rights both in Nigeria and all over the world. We chose the name 'PIVOT' because this newsletter is intended to serve as a solid fulcrum for the rights of women and children. Our objectives are to create awareness and moblise support and resources for the promotion and protection of these rights. We hope to be the voice for the voiceless and to sensitise and highlight the often ignored or downplayed rights of women and children. It is our strong conviction that every woman and child, regardless of religion, race, tribe or social status, is entitled to a life of dignity and equal opportunity. This publication is also designed as a mentoring platform for young and aspiring lawyers (particularly female lawyers). This is the focus of our interview section, which will feature regularly iconic and worthy mentors in the legal profession. Apart from these interviews, our publication also includes opinions, articles and case reviews on topical issues bordering on the rights of women and children. In this special edition, we feature an interview (conducted electronically) with Chief 'Folake Solanke, SAN, CON. In this interview, the first lady Senior Advocate of Nigeria bears her mind on many issues such as the development and practice of the legal profession in Nigeria, her experience in a profession believed to be dominated by men and the promotion of women's rights. The respected and admired legal icon, the first-ever black president of Zonta International, also gives invaluable words of wisdom and advice for young and aspiring lawyers. This interview with the gracefully ageing octogenarian is a must-read. We have three short write-ups. Mrs. Abimbola Akeredolu, the first female Attorney General of Ogun State, writes on the challenges that are unique to female litigators. Dr. Emeka Amechi of the Faculty of Law, University of Lagos considers the topical and highly controversial issue of child marriage in Nigeria from a legal and socio-economic perspective. Dr. Oluwatoyin Adejonwo-Osho, of the Faculty of Law, University of Lagos examines the factors that make women remain in and endure abusive relationships. This maiden edition also features a case review by Mr. Wahab Shittu, a well-known human rights activist (also of the University of Lagos), who shares his thoughts on the landmark decision of the Court of Appeal in the case of Alabi v Alabi (2008) All FWLR (Pt. 418) 245, particularly as it relates to the issue of custody of children in matrimonial causes. We sincerely believe you will love this newsletter as much as we have enjoyed putting it together. We undertake to bring more enlightening and thoughtprovoking editions your way.
Publication of submitted write-ups will be subject to the scrutiny and approval of the newsletter's Editorial Advisory Board.
From all of us on the editorial team, we say thank you for being a part of this special edition and we look forward to subsequent ones having you as a part of our readership. Winnifred Oyindamola Olanipekun Editor-in-Chief
Editorial Advisory Board Mr. Femi Falana, SAN (Chairman) Mr. Mike Igbokwe, SAN Mr. Obi Okwusogu, SAN, FCIArb Mrs. Yinka Fasakin-Odukoya Dr. Nwudego Chinwuba Dr. Oladapo Olanipekun
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CONTENTS Interview:
Chief 'Folake Solanke, SAN, CON
4
Case Review: Alabi v Alabi -
Wahab Shittu
35
Articles: Challenges of the Female Litigator Abimbola Akeredolu
The Legality of Child Marriage and The Implication for the Socio-Economic Development of the Girl-Child in Nigeria Dr. Emeka Amechi
12
News and Developments On Human Rights Underlying Reasons Why Women Stay in Abusive Relationships
15
Dr. Oluwatoyin Adejonwo-Osho
17 36
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INTERVIEW
INTERVIEW Mathematics in 1 public schools in England and I deeply cherish the Nigeria. I also respect and loved the teaching recognition always profession. W h e n I accorded me by the started legal Bar, the Bench and practice, my first members of the discovery was that public. And, it is I found a similarity b etween the always a source of teaching of tremendous joy for me Geometry and the when a lawyer tells practice of law. In me that he or she is in Geometry, you p roceed from law because of me certain given “data” to solve geometrical p r o b l e m s . Similarly, in a case you have certain facts and the applicable laws upon which you proceed to resolve legal problems. That similarity was a source of joy, excitement and confidence for me. I felt that, intellectually, I was on a familiar terrain. Consequently, having fallen in love with the law, I was determined to practise law to the very best of my ability. I was also privileged to be in pupilage with my brother-in-law, the Hon. Justice M.A. Odesanya (now 98 years old!) and the late Chief F.R.A. Williams SAN. That extraordinary professional experience, at the beginning of my legal career, instilled in me the indisputable fact that to excel in law, you would need commitment, industry, scholarship, eloquence, integrity, impeccable appearance, passion for the profession and more besides. When I established my own independent legal practice in Alabukun Law Chambers in 1966, I was motivated by those constants and have relied on those principles to handle every single case. I am also of the firm opinion that there is no small case. Each case has to be treated under the same legal principles, regardless of how small or large the purse is for the case. The facts of each case may be different, but the applicable laws are the same. My preparation for, and presentation of each case, are on the same level of a high standard. I am irritated by mediocrity. Even though, no one can reach Utopia, a good lawyer should aim at excellence always in his or her professional practice. It has been an amazing journey for me so far. Praise God. In my autobiography: Reaching for the Stars”,2 published in 2007 to celebrate my 75th birthday, I devoted three
*Interview of
CHIEF 'FOLAKE SOLANKE SAN, CON We are delighted to bring you this interview with the ever-green, highly respected and inspiring Chief 'Folake Solanke, SAN, CON. The first female in the history of our country to be conferred with the prestigious rank of Senior Advocate of Nigeria (SAN). Indeed the history of the legal profession and Nigeria will be incomplete without mention of her name. In her interview with PIVOT, she tells us about her experience so far as one of the most accomplished and celebrated legal practitioners in Nigeria, her rise to the presidency of Zonta International, her thoughts on the legal regime as they affect women and custody of children in relation to matrimonial causes and a host of other things. There is no doubt that you will draw out inspiration from this wonderful piece. Enjoy...
First, let me congratulate you on your project on “Au Courant” and wish you every singular success in this endeavour. I also appreciate your editorial team's decision to select me for the interview to be published in the maiden edition of your PIVOT newsletter. You recently turned 80 and there is no doubt that you are one of the most accomplished legal practitioners in Nigeria. How would you describe your career, considering where you have come from and where you are now, at the peak of the profession? Well, I have come from zero year to my golden year at the Bar. In May 2013, I will be fifty years at both the English Bar and the Nigerian Bar. “Deo Volente”. Whenever I ask young lawyers how many years they are at the Bar, they tell me rather shyly: “one year”. I always tell them that all lawyers start with zero year at the Bar, and that, what is important is what they accomplish in the succeeding years and, consequently, they should not be bashful about being a new “wig”. I owe all that I have accomplished at the Bar since May 1963 and in life to the special grace of God; my father – Chief J.S. Odulate, alias “The Blessed Jacob” of the Alabukun fame; my family; my husband, Professor Emeritus of Surgery, Toriola F. Solanke; people of goodwill and good fortune. I have been a beneficiary of divine grace upon grace. Thus, my gratitude to God is limitless. Law is my second career and I entered the profession with great passion and tremendous enthusiasm. I simply love the law. My first career was teaching for five years 1955-1960. I taught Latin and
chapters to our one and only learned profession. I say without equivocation that Law is the best profession in the entire world! I have been blessed with many recognitions for which I will for ever be grateful to God and my profession. I will only mention three of them which are: (i) becoming the first female Senior Advocate of Nigeria in 1981 when only five were elevated every year. Now, the “first female Senior Advocate of Nigeria” has become my second name. The euphoria persists. (ii) the Olabisi Onabanjo University, Ago-Iwoye conferred on me the honorary doctorate degree of Doctor of Law – LLD (“honoris causa”) in 2007. A most memorable experience. Again the euphoria persists. (iii) The International Bar Association (IBA) (through its Women Lawyers' Interest Group) bestowed upon me on the 27th day of April 2012, in London, the IBA “Outstanding International Woman Lawyer Award 2012”. An unforgettable experience for me as a Nigerian legal practitioner. It was the first award for a Nigerian. Still, the euphoria persists. I deeply cherish the respect and recognition always accorded me by the Bar, the Bench and members of the public. And, it is always a source of tremendous joy for me when a lawyer tells me that he or she is in law because of me. Similarly, I meet parents who also tell me that their children are in the learned profession because of me. Such an acknowledgement is extremely heartwarming and gratifying.
You were the first-ever black president of Zonta. That must have been a major milestone for both yourself and the Zonta community; can you please tell us about that? In 1970, I was in my Alabukun Law Chambers in Ibadan minding my own legal business, when Mrs. Bola Williams (now SAN) and her sister-in-law Mrs. Funlayo Osunkiyesi (now deceased) brought an elderly Caucasian Canadian lady to my law chambers to meet me. Zontian Dorothy Thompson was on a mission to introduce Zonta International to Africa. She introduced Zonta International to me in glowing terms as an international non-government organization (NGO) which has been working for the advancement of the status of women globally since 1919. Members are business and professional executives. At its inception, members were only women, but when Rotary International was sued by a woman in the USA in or about 1986, and the US Supreme Court ruled against
1 Piper's Corner School, High Wycombe, Great Kingshill, Buckinghamshire, England (1955-1957); St. Monica's School, Clacton-on-Sea, Essex, England (19571958); Yejide Girls' Grammar School, Ibadan, Nigeria (1958-1960). 2
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Reaching for the Stars, the Autobiography of 'Folake Solanke (BookBuilders, Ibadan, 2007).
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INTERVIEW
INTERVIEW Rotary that it was a discriminatory policy to restrict Rotary membership to men only, we in Zonta International quickly amended our bye-laws to allow men to join Zonta. We did not wait for a man to drag Zonta to court on discriminatory charges. Four things impressed me most about the unexpected meeting with Zontian Thompson. They were: · the Zonta ideal of service was attractive, and I felt it would afford me a unique opportunity of giving something back to the community; · Zonta's basic philosophy of advancing the status of women globally, resonated with my orientation towards gender equality; · an instant connection with the women of the world, because of the international aspect of Zonta; and · the fact that an elderly lady in her seventies, was travelling round the world to spread the Zonta message, not only to Africa, but to Australia, Asia, New Zealand and other places. Zonta must be special. Watching and listening to Dorothy
Thompson, as she articulated the Zonta ideal, struck a chord in me that, with good health, age should not be a barrier to a person continuing to be productive and to make a significant contribution to the community and the world. I prayed to God to grant me the favour of good health to be productive in my seventies and beyond. Mercifully, God has granted that prayer. I am now in my golden years. Praise God. I became a charter member of the first Zonta Club of Ibadan which was inaugurated in May 1970. None of us at that memorable 1970 meeting in my law chambers could ever have imagined that, it was the first step for me towards a most eventful and slippery journey to the Zonta International presidency. And as providence would have it, Dorothy Thompson herself was in Hong Kong in 1992 to celebrate with me on my electoral victory as the first non-Caucasian International President-Elect of Zonta International. In 1971, I was elected the President of the Zonta Club of Ibadan, thereafter in 1982, I was elected the first District Governor of Africa (which used to be a Region). Then in 1986, I was elected the first non-Caucasian International Vice-President and, after a six-year struggle, I became the Zonta International President for the 1994/96 biennium. By the special grace of God, and with all due modesty, I was able to perform with insight, vigour, intellectual power and team spirit. One of my most challenging assignments was to lead the Zonta delegation to the fantastic United Nations Fourth World Conference on Women in Beijing, in 1995. Any family, or community or country has its own politics. Zonta International, like any organization, has its own politics. There were some who were of the opinion that Zonta was not ready for a black International President. However, there were many who supported me throughout my six-year struggle. I lost the presidential election in Helsinki, Finland in 1988, I lost in Dallas, Texas in 1990. I eventually triumphed in Hong Kong in 1992. Election was by secret ballot. The scene of victory in the Convention Hall with about three thousand Zontians in attendance was indescribable. Zontians were standing, clapping, screaming, weeping … I can still hear the applause. That was the end of an excruciating international electoral experience, and the beginning of an unforgettable challenge in global service. My biennial theme as International President was “Zonta Agenda for Action: Women's Health, Human Rights and World Harmony”. (The Triple “H” concept). Now, I am a “PIP” – Past International President. I attended the last Zonta biennial convention in July 2012 in Turin, Italy. I am always treated with respect and affection by Zontians everywhere in the world.
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You have been able to juggle family responsibilities with practice successfully. What challenges did you face as a wife, mother and practising lawyer?
networking and exchanging ideas and information on common issues. Do you think that there are challenges that are peculiar to female litigators?
This is an eternal question for interviews! I like the sequence in your question to wit: “a wife, mother and practising lawyer”. Time management is a key factor. A person who is lazy cannot successfully perform the three roles. Spousal and family understanding and support are “sine qua non”. Once you have that support, the daily routine can be tackled. In all these activities, you need God's grace and good health.
The challenges peculiar to female litigators often relate to gender issues. In our society, a would-be male litigant thinks first of a male lawyer, and a would-be female litigant also thinks of a male lawyer first. Thus, a female lawyer has to work much harder to gain the confidence of the community as a competent lawyer. It is not an intellectual problem. It is a societal problem.
How have female lawyers fared in the area of networking with fellow women in the same profession?
What are your thoughts on participation and performance of women in the Nigerian Bar Association and Nigerian politics generally?
What programme do you feel ought to be in place to ensure efficient exchange of information on a wide variety of professional and personal issues confronting female lawyers?
I am delighted that more women are now participating in the activities of the NBA. Women are more visible now, and that trend must continue. Both genders must contribute equally to the administration and programmes of the NBA. We are all statutory members of the NBA. I look forward to the next female president of the NBA. As for Nigerian politics, the terrain is so polluted with money and corruption that it is not easy to participate unless you have unlimited access to money. However, we cannot roll over and play dead. Those who have the means, the tenacity and the skin tolerance for abuse to confront Nigerian polluted politics must do so, and they should be supported on merit only. We should have female governors and male deputy-governors!
I have not experienced a high level of networking among female lawyers. I am not aware of it among male lawyers either. Currently, female lawyers usually meet at professional events such as NBA conferences and meetings and conferences and meetings of the International Federation of Women Lawyers (FIDA). Apart from the sessions on the printed programmes at those events, I am not aware of any high level networking activities. Consequently, we need to initiate programmes for female networking. Information technology is now available to many. At professional events, problems confronting female lawyers are eloquently and vociferously articulated. We now need to go The challenges beyond the rhetorics. In peculiar to female addition to litigators often relate identifying the to gender issues. In age-long problems of which we are all our society, a aware, female would-be male lawyers should litigant thinks first come together to i n i t i a t e of a male lawyer, programmes to and a would-be t a c k l e t h e female litigant also problems. I believe that lawyers in a thinks of a male particular city or lawyer first. state should find w a y s o f
Why do you think women prefer to go into corporate practice, academics and the bench, rather than litigation? Many women are put off by the endemic corruption, real and imagined, in the judiciary. When I started practice nearly fifty years ago, the judiciary enjoyed the total respect and confidence of the people. The lawyer was confident that judgments would be rendered on the facts before the court and the applicable laws, and not on any extraneous undercurrents. Now, that confidence has been severely eroded. The honest lawyer and the litigant do not know what is going on behind closed doors. The judiciary is being thrashed everyday in the media and elsewhere, rightly or wrongly. The collective image of the judiciary has been battered. Each judge and each lawyer must stand or fall on his or her own reputation. A lawyer who has prepared his or her case well should have the confidence that the learned judge also has prepared well for the case. In this context, in
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INTERVIEW my Eulogy to the late Hon. Justice Kayode Eso on Monday the 17th day of December, 2012 at the Special Session in the Ibadan High Court No.1, in his honour, I said as follows: “Like his ancestor-warriors, who rejoiced while preparing for war, Justice Eso prepared meticulously for court battles. He read the records, the files and engaged in intensive research, so that during the proceedings before him in the courtroom, both the learned judge and the learned counsel engaged in intellectual legal banter in the pursuit of justice. It is always encouraging for a learned counsel to present his or her well-prepared case before a learned judge, who is also well-prepared to hear the case. Appearing before the Honourable Justice Eso was, for me, a professional challenge”. It is extremely frustrating for a lawyer when the judge is not prepared to hear the case. On the issue of corruption, I always enter a caveat that not all judges are corrupt. There are judges who abide by their oath of office and render judgments without fear or favour, but the corrupt judges have dragged the entire judiciary into infamy, from which we must recover for the sake of the survival of our nation. The colossal and collective loss of respect which the judiciary has suffered is exceedingly excruciating for me. The level of infamy is such that a United States multinational company, to wit: General Electric (GE), could have the temerity to canvass in a matter before the Detroit Michigan US Circuit Court that “a Nigerian judgment should not be recognized because it was rendered under a judiciary system that does not provide impartial tribunals or procedures compatible with the requirements of due process”. GE further alleged that “the judiciary was under pressure from the executive and legislature areas of government and the business sector”. THISDAY (Nigerian newspaper) carried the news under the headline “GE tells US Court It lacks Confidence in Nigerian Judiciary” (Tuesday, 4th day of December 2012 page 48). Oh ye gods! It is an open secret that former Governor Ibori of Delta State of Nigeria was discharged (without trial) of over one hundred and seventy counts of criminal conduct by a hastily created Nigerian Federal High Court in Asaba a few years
INTERVIEW ago. Thereafter, the same governor during his trial in a London court for the same criminal offences, pleaded guilty to them and is now in a British prison under a sentence of thirteen years imprisonment. If he had not pleaded guilty, he would have earned a sentence of over twenty years imprisonment. The whole world knows about it through the media and information technology. And some judges do not sit punctually and do not inspire anyone by their performance on the Bench. Further, it takes a long time to make a name and earn a good income in litigation. Thus, corporate practice, academia and the Bench beckon! Finally, there are lawyers who simply do not have a passion for advocacy. Nevertheless, I still hope that more female lawyers will not be put off advocacy in the courtroom. Since you took silk in 1981, only about ten women have taken it as well, would you attribute this to discrimination against women or the reluctance of women to go into litigation? Are you of the opinion that a specific slot should be reserved for women to be appointed as Senior Advocates every year? I know that since my taking silk on the 5th day of March, 1981, there have been about twelve other female Senior Advocates of Nigeria. I do not attribute this to discrimination. Part of the problem has been articulated above. Many women lawyers do not stay in legal practice to practice advocacy in the court. If you do not have a passion for advocacy, and you are not known in the practice of law, then you cannot qualify to be a Silk. I am aware that the title has been extended to the academia. I have a The Bar and the problem with “federal Bench belong to the character” in the S.14(3) of the one and only learned Constitution of the profession. Only a Federal Republic of lawyer can go to the Nigeria 1999. I also Bench without have a problem with “zoning” which is prejudice to “sui generis” with customary courts. “federal character”. There should be Quota is synonymous mutual respect with “federal character” and between the “judex” “zoning”. My reason and the lawyer. for an unyielding opposition to these terminologies is that merit is sacrificed on
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the altar of “federal character”, “zoning” and “quota”. I do not support any idea that a specific slot should be reserved for women to be appointed as SANs every year. Let the competition be transparent and on equal terms for both genders on merit: scholarship, good character, profound learning, integrity and more virtues besides. It is my fervent hope and desire that more female lawyers will qualify to be elevated to the rank of Senior Advocate of Nigeria in the years ahead. Whenever a female lawyer becomes a SAN, and I am in the country, it is my policy to telephone the new female SAN and welcome her to the prestigious company of female SANs. And, during the two-day celebrations of my 80th birthday in March 2012, the female SANs played a prominent role. I take this opportunity to thank them, the entire legal profession and all people of goodwill for their support and participation. Do you think the recent appointment of the first female Chief Justice of Nigeria and Acting President of the Court of Appeal will encourage more women to go into the legal profession, particularly litigation? I welcome the appointment of the first female Chief Justice of Nigeria, Hon. Justice Aloma Mariam Mukhtar and the first female Acting President of the Court of Appeal, Nigeria, Hon. Justice Zainab Bulkachuwa. Interestingly enough, Ghana now also has a female Chief Justice – Hon. Justice Georgina Theodora Wood. No doubt, this development is an eye-opener for everyone that a female lawyer can attain the highest judicial peak. However, this is still subject to the constraints articulated above. A female lawyer who has been in business selling cement or other commodities should not be appointed to the Bench even after she has attained ten years or more at the Bar. That would be a travesty of justice and an aberration of the judicial system. The same goes for a male lawyer. We need both genders on the Bench. Do you share the widely-held view that the standard of legal education in Nigeria has fallen in recent years? What do you think can be done to address the fallen standard? Certainly, I am of the opinion that the standard of legal education has fallen drastically over the years. Some lawyers cannot construct simple English sentences, either spoken or written. Some of them cannot address the court eloquently. The English
language is one of the tools of the profession. So said Lord Denning in his book: The Discipline of the Law on page 5: “To succeed in the profession of the law, you must seek to cultivate command of language. Words are the lawyer's tools of trade. When you are called upon to address a judge, it is your words which count most. It is by them that you will hope to persuade the judge of the rightness of your cause”. If you cannot express yourself clearly in English, you cannot be a good lawyer. Sometime ago, a number of law students, were on attachment to my Alabukun law chambers. I was so appalled by the standard of the spoken and written submissions by some of them. One did not even know that you must have paragraphs on a page. Another one did not know you must have a margin on a page. I was aghast by some of these discoveries. As a consequence, I wrote a letter to the Director-General of the Law School and advised that there should be added to the Law School Curriculum a “remedial English Course” to improve the standard of English language of the law students. He said he would do so. Whenever I am in court and a lawyer is performing miserably, I am nervous and embarrassed for the profession. How did they pass their university degree and law school examinations? I wonder. The problem of poor English language is a national dilemma. It is not restricted to the legal profession. I recommend that the Director-General of the Nigerian Law School should refer the problems to the universities and other relevant authorities so that remedial action can be taken to improve the English of law graduates before they are sent to the Law School. The Ministries of Education should also be notified of the national dilemma. Whether we like it or not, because of our colonial history, English is the official language of the country and the language of the court. It is also a global language. Lawyers of both genders must be proficient in it.
You are one of the veterans in the legal profession. Do you think that the practice of the profession has improved and advanced constantly over the years? The practice of the profession has improved and advanced in certain areas. For instance in 1966, when I established my own law chambers, I was the first female in Ibadan so to do. Previously, new female lawyers joined male lawyers' law chambers. In my autobiography: Reaching for the Stars, page 223, I wrote:
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INTERVIEW “In 1966, there was no law office being solely run by a female lawyer in Ibadan. The existing tradition was for female lawyers to seek employment in the law chambers of male lawyers. Thus, the prospect of such a novel and revolutionary step in Ibadan was daunting. I remember telling Tori,3 “I don't want to sit in my law office twiddling my thumbs”, – not knowing where the clients would come from to brief a female lawyer. Tori told me emphatically that the male lawyers who were running their law offices, did not possess a superior intellect to mine”.4 There are now more female law chambers. The advantages of the independence of having one's law office are incalculable. My own independence of legal practice has provided me with a platform to deliver lectures Whenever a female and papers at lawyer becomes a different fora in all continents of the SAN, and I am in world except the country, it is Antarctica. A collection of some my policy to of my lectures are telephone the new published in my new book, A female SAN and Compendium of welcome her to the Selected Lectures 5 and Papers, prestigious presented on my company of female 80 th birthday in March 2012. SANs. Now, we h a v e s o m e s u c c e s s f u l partnerships. They were extremely few in the past. Further, there is already a shift towards specialization, which is good, but without prejudice to the importance of a general legal practitioner. I now advocate that Nigerian lawyers must place themselves in the role of globalization. We must have “lawyers without borders” like “Doctors without borders”. There are international courts and other global professional bodies for which Nigerian lawyers should be eligible as candidates for appointment e.g. at the 3 4 5
INTERVIEW International Court of Justice (also known as the World Court), the Hague and the International Criminal Court, also in the Hague. Please tell us your thoughts on the relationship between the Bar and the Bench in Nigeria. The Bar and the Bench belong to the one and only learned profession. Only a lawyer can go to the Bench without prejudice to customary courts. There should be mutual respect between the “judex” and the lawyer. No lawyer goes to court to be insulted by a judge. Much as the Bar is obliged to respect the Bench, there must be reciprocity in this regard. For instance, if a judge is late in court, the judge should apologize for being late, because if a lawyer is late, his or her case may be struck out. If you are the last lawyer at the Bar in the courtroom, you must wait until the court rises before you leave court. The “judex’ must not preside over an empty Bar. The NBA Ibadan has established a “Bar and Bench Forum”, where judges and lawyers meet every quarter to discuss common issues for the good administration of justice. This is a good development which should be followed by other NBA branches. I commend the initiative of the Ibadan branch under the chairmanship of Seun Abimbola Esq. On the whole, from my experience, the relationship between the Bar and the Bench is cordial. Do you think that the legal regime under the Matrimonial Causes Act offers adequate protection for women, particularly as it relates to divorce, community of property and custody of children? This topic is so important that I advise that you treat it in detail in another interview of a female legal practitioner and a male legal practitioner. I will make only two comments to wit: There ought to be a dialogue on whether or not there should be a prenuptial agreement by the parties before marriage detailing how property should be divided in case of a divorce. That would need an amendment to the Matrimonial Causes Act. As optimistic and prayerful people, I doubt whether the Amendment will be effected. In our society, it is almost impossible to contemplate a divorce at the time of the euphoria of a wedding! On the custody of children – the paramount consideration is the best
interest of the children considering the ages of the children and the circumstances of the parties. What advice do you have for young and aspiring lawyers? My advice for young and aspiring lawyers is to abide by the ethics and tradition of the profession. You must earn the honour of being referred to as a learned person by being learned. It is not a mere title, it is what is expected of you as a lawyer. You must be proficient in the English language and speak eloquently in the language of the court, no “O.K.” or “Yeah” or “Hi”. Your appearance must be impeccable in the correct colours of black and white. I do not say “dark colours” because some may turn up in green or brown! You must constantly upgrade your knowledge of law and be IT compliant. However, you must not abandon real books and diaries. Computers are indispensable, but so are books. As a lawyer, you must embrace the culture of reading. Female lawyers must avoid excessive jewellery such as dangling earrings, brooches, huge bangles etc. Skirts should not be skimpy. The natural or artificial hair must be swept back from the face and of average length. In legal practice, time is of the essence. Lawyers must arrive in court before the court sits at 9a.m. It is undignifying to arrive late and start running on the court premises with the wig and gown flying. There was a time I used to leave home at 6a.m. to go outside Ibadan for cases. If I did not manage my time efficiently and enjoy family support, it would have been impossible. When I was working in the law-chambers of Chief Rotimi Williams SAN in Ibadan 1963-65, we used to arrive in the Supreme Court, Lagos before the Lagosbased legal practitioners! And let me say that there is no African time. You are either punctual or late. We must do something about the abysmal national culture of lateness. I continue to arrive punctually at events and then complain about the lateness in starting at the appointed time. A period of pupilage after being called to the Bar is absolutely critical so that the new wig can be tutored in the real practice of the law. The law degrees are a passport to knowledge, and not of knowledge, in the practice of law in the courtroom. In conclusion, I wish young and aspiring lawyers every good fortune both in law and in life. “Deo Volente”.
My advice for young and aspiring lawyers is to abide by the ethics and tradition of the profession. You must earn the honour of being referred to as a learned person by being learned. It is not a mere title, it is what is expected of you as a lawyer.
Dated this___17th______ day of _______January_____ 2013. Chief 'Folake Solanke SAN CON, LLD (hc) FNIALS, D.Litt (hc), D.Lit (hc) Legal Practitioner Alabukun Law-Chambers, ANCE Building (2nd Floor) Magazine Road, Jericho, Ibadan, Oyo State, Nigeria
*This interview was conducted via email in January, 2013
Professor Emeritus Toriola F. Solanke. Reaching for the Stars: the Autobiography of 'Folake Solanke (BookBuilders, Ibadan, 2007). A Compendium of Selected Lectures and Papers Volume 1 (BookBuilders, Ibadan, 2012).
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August 2013 I PIVOT 11
THE
CHALLENGESOF THE
FEMALE LITIGATOR Abimbola Akeredolu Attorney General, Ogun State
It need not be stated that litigation as a field of law practice is a very challenging aspect of the profession, considering the numerous hurdles and pre-qualification requirements a person needs to meet before being considered to be a successful litigator. The litigator must be articulate and extremely well-spoken because the language and the effective use and delivery thereof are the foundational tools of the lawyer's practice. In addition to being well-spoken, the litigator must of necessity be an erudite draftsman in order to prepare and present effective and efficient pleading, briefs and submissions. The successful litigator must be available and remain at his client's disposal at all times because his services may be required not just for court attendance but also for client meetings, briefings, presentations, social functions and client representations at the invitation of law enforcement agencies, to mention but a few. There is a common misapprehension that the work of a litigator only starts and ends with court attendance. This is however not the case in contemporary practice where the rules of most of the courts both in Nigeria and in developed countries require that counsel should file written briefs and submissions in support of all
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life of his client. applications that are brought to The area of litigation as field court. Nowadays, the court A litigator must be very-well appearance can best be described of legal practice has for a turned out in terms of his personal as the icing on the cake, while the very long time been appearance. He must be well background work which is done dressed and well groomed if he is dominated by the male folk in chambers with the to command the respect that is preparation of the briefs, and has as a result been due to a litigator. The list is pleadings, research etc. perceived to be “male turf” endless and cannot be exhausted constitutes the baking of the in the context of this article. for boys only actual cake, which is the actual substance and foundation of the Having highlighted the litigator's work. Following challenges of a litigator in the through with the cake analogy, in preceding discussion, it is intended to bring the order to be a successful litigator, the cake must taste challenges of a female litigator to the fore in the and feel good while the icing must also look and taste ensuing discussion. beautiful. The cake must not taste good at the expense of the icing and the icing must not be ugly to the The area of litigation as a field of legal practice has for a detriment of the taste of the cake. very long time been dominated by the male folk and has as a result been perceived to be “male turf” for boys A successful litigator must be able to draft excellent only. Like most things that are perceived to be pleadings, briefs, submissions; and conduct exclusively for men only, the acceptance of women into meaningful research and at the same time must be able such exclusive domains does not come without some to present his case verbally in court in an effective challenges. As is common with such misplaced manner with a loud and convincing voice without concepts, the challenges will gradually be whittled shouting. The litigator must also be able to think ahead down with the passage of time, but oftentimes, the of situations and he must also be able to think very perceptions never totally disappear. quickly while on his feet in court and at client meetings.
On top of all of these stringent pre-qualification requirements, is the issue of delays that court proceedings tend to suffer in the form of incessant adjournments at the instance of lawyers, the court and all manner of other reasons. Oftentimes, a litigator may burn the midnight oil preparing to present his case in court the next morning only to reach the court room at 8.45 am to find that the matter will not be called after all, either because the lawyer on the other side is unable to proceed with the case for one reason or another, or because the court will not be convening that morning. The unforeseen adjournments can often be a great source of discouragement to lawyers especially to those who are young at the bar and who are still searching for their calling in the profession. A successful litigator must be punctual, pro-active and must always be thinking about solutions to clients' legal problems. As a matter of fact, in order to remain successful, a litigator never shut down in his mind. His mind is a constant conundrum of legal issues and problems to which he constantly seeks solutions. In all of this, the litigator must be extremely careful and painstaking because his mistakes can be very costly and could often lead to great detriment for his client in commercial cases, while in criminal case could cost the
While the lot of a litigator is demanding, however, the lot of a female litigator is even more demanding and challenging. A litigator is obligated to represent his or her client competently, convincingly and if need be assertively. However, unlike an assertive and confident male litigator who is considered for that reason to be result oriented, hard working and zealous, a similarly assertive female litigator is perceived as shrilling, confrontational, over-enthusiastic, emotional and unnecessarily aggressive. Unfortunately, this view is also adopted by her other female and male colleagues alike both at the bar and on the bench to her detriment. This negative perception of a confident and assertive female litigator is often attributed to the female voice and her passionate approach to issues. This perception also makes male litigators uncomfortable and unwilling to support the promotion of female litigators because the female litigator views and handles matters differently and views issues from a less traditional perspective. Thus there is the unfounded belief that the female litigators do not possess the qualities to be good business people or to make decisions based on sound judgment. In present day practice, attorneys who want to be
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THE LEGALITY OF CHILD MARRIAGE AND
considered for elevation to feet, have excellent verbal and written This negative perception of partner status in law firms presentation skills, procure lucrative a confident and assertive must, in addition to numerous briefs and value added clients for the firm other requirements, be able go and establish and develop lasting female litigator is often to out to get lucrative briefs business relationships with such clients attributed to the female and value-adding clients for among other things. Female litigators voice and her passionate the firm. The attorneys must often find themselves being encouraged to approach to issues. This be able to establish and go to the bench as a way of finding develop lasting business perception also makes male fulfillment and job satisfaction while still relationships, which is both being able to practice their beloved litigators uncomfortable challenging and time profession. and unwilling to support consuming for any attorney, the promotion of female male or female. The challenging and time Nonetheless, having stated the above, it is litigators because the consuming search for value female litigator views and heartwarming and encouraging seeing added clients and briefs is that there are many female litigators who handles matters differently have mastered the art of managing the normally executed through membership of social clubs, and views issues from a less challenges and successfully juggling the old school associations, old practice of litigation and the other traditional perspective. school boy networks and different roles in which a woman has to attending social events among function. Female litigators in Nigeria have others. Carrying out this function is usually not a been conferred with the coveted rank of Senior problem for male attorneys as such socializing can Advocate of Nigeria (SAN) for distinguishing actually become an enjoyable pass-time for them. In the themselves in this hallowed profession. Several other case of the female attorney, however, the added women, who though are not Senior Advocates, have challenge lies in the fact that if she is single and has the also distinguished themselves by rising to several time to socialize at the same level and tenacity as her leadership positions such as partners in law firms, male peers, she is seen as being non-serious and as presidents of the professional body, Chief Judges of being of loose morals. If the female litigator is married, State High Courts and Chief Justice of the Federal she will not have the same amount of time available to Republic of Nigeria to mention but a few.. socialize. In the unlikely event that she does find the time to socialize, she is also seen as being non-serious It is important to note that, though the life of a female and of loose morals. Chances are that if the married litigator is even more challenging than that of her male female litigator is both a mother and wife, given the counter-part, the key to achieving success in the field of demands of raising a family, caring for elderly or litigation is to remain focused and to prioritize at any infirm parents, maintaining a household, she will not given time. A female litigator must determine what she be available to socialize at the same level as her male wants at any given time, prioritize and set goals colleagues because at least one aspect of her domestic towards achieving what she wants and even the sky situation will suffer neglect as a result of her absence will not be a limit. from the home. It is on account of this fact that it will be observed that in recent times, the female litigator has found a niche for herself in the Nigerian judiciary. The female litigator has actually thrived in the judiciary in Nigeria. This is no doubt due to the fact that the playing ground is more level for male and female alike than it is in litigation practice. The main attributes you need to thrive as a judge are to be intelligent, hard-working, honest and diligent and the sky may just be the limit. Whereas in litigation practice you need to have those attributes of being intelligent, hard-working, honest and diligent in addition to being able to think on your
It is heartwarming and encouraging seeing that there are many female litigators who have mastered the art of managing the challenges and successfully juggling the practice of litigation and the other different roles in which a woman has to function.
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THE IMPLICATION FOR THE SOCIO- ECONOMIC DEVELOPMENT OF
THE GIRL-CHILD IN NIGERIA Emeka Polycarp Amechi, PhD* The validity of these laws as applicable to child marriages, has been affected by the provisions of the Child's Rights Act 2003 (CRA) which domesticated the provisions of the United Nations Convention on the Rights of the Child in Nigeria. Section 18 of the CRA pegged the age of contracting a valid marriage in Nigeria at 18 years.
INTRODUCTION The controversy generated by the recent constitution amendment exercise by the Nigerian Senate has inadvertently reinvigorated the debate about the issue of child marriage in Nigeria. The controversy revolved around the failure of the Upper House in adopting a resolution seeking to expunge the provisions of Section 29 (4)(b) of the Nigerian Constitution dealing with renunciation of citizenship by any Nigerian of full age as recommended by the Senate Committee on the Review of the Constitution. Perhaps, what generated the controversy is the role played by Senator Ahmed Yerima (ANPP, Zamfara-West), a selfprofessed Islamist, in defeating the proposed constitutional amendment. It should be recalled that it was Senator Yerima that generated the earlier controversy around child marriage in Nigeria by his marriage to an allegedly 13-year old Egyptian girl in 2010 and his subsequent divorce of his then fourth wife who was barely 17 years old and nursing a baby. The Senator had canvassed against the adoption of the proposed constitutional amendment by arguing that it was “un-Islamic�, and citing in support of his argument, the provisions of Part 1, Item 61, Second Schedule (Exclusive Legislative List) of the Constitution, which directs the National Assembly to steer away from Islamic marriages. This short treatise is not an attempt to join in the debate regarding either the propriety or otherwise of the Senate's failure in adopting the recommendation of the Senate Constitutional Review Committee on the provisions of Section 29 (4) (b) of the Nigerian Constitution or whether by such failure, that the Senate had tacitly endorsed child marriage in Nigeria. It suffices to argue at this juncture that such failure and the role played by Senator Yerima in defeating the adoption of the recommendation, have given the momentum to the proponents of child marriage as it
implies a girl-child married probably to a foreigner is constitutionally endowed with the mental capacity to renounce her Nigerian citizenship. Rather, this paper seeks to explore the legality or otherwise of child marriage in Nigeria and the implication for the socio-economic development of the girl-child.
LEGALITY OF CHILD MARRIAGE IN NIGERIA In exploring the issue of the legality of child marriage, it should be noted that marriage in Nigeria falls mostly within the realm of private law as it is regulated by a combination of statutory laws such as the Marriage Act and associated legislations, and customary and Islamic laws evidencing the indigenous customs and practices of the different ethnic groups in Nigeria. However, the validity of these laws as applicable to child marriages, has been affected by the provisions of the Child's Rights Act 2003 (CRA) which domesticated the provisions of the United Nations Convention on the Rights of the Child in Nigeria. Section 18 of the CRA pegged the age of contracting a valid marriage in Nigeria at 18 years. Under the Marriage Act which regulates statutory marriages such as those conducted in the marriage registries and churches, it appears that any person below the age of twenty-one years is eligible to get married provided that the written consent of either of the parents or the guardian is provided (s. 18). The implication being that once such consent is obtained, a child marriage may validly be contracted under the Act in the States that have not adopted the provisions of the CRA. However, such marriages cannot be contracted under the Act in circumstances where one of the parties is married under customary law or Islamic law to any other person (s. 11 (1) (d)). Hence, the Yerimas and other married proponents of child marriage cannot validly contract such marriage under the Act despite the nonadoption of the CRA in their States. The provisions of Section 18 of the CRA equally affect the validity of customary law or Islamic law marriages contracted in the territory of any state that has adopted the August 2013 I PIVOT 15
provisions of the Act. For the non-adopting states, child marriage is allowed provided it accords with the tenets of Islamic law or customary law. SOCIO-ECONOMIC IMPLICATION OF CHILD MARRIAGE ON THE GIRL-CHILD A notable feature of child marriages as practised in most parts of Nigeria particularly in the Northern region, is that such marriages are usually contracted between girls who are barely into their puberty and men old enough to be their biological parents. Such marriage contracts invariably breed a marital relationship that is lopsided in favour of the older matured male and which, ultimately affects the ability of the child-bride in making crucial decisions in matters affecting her life and well-being. Apart from the health issues such as Vesico-Vaginal Fistula (VVF), Recto-Vaginal Fistula (RVF), Sexually Transmitted Diseases (STDs), and infant and maternal mortality associated with sexual exploitation and consequent early pregnancies of the child-brides, the biggest adverse socio-economic impacts of such marriages is the disruption or outright deprivation of the education of the girl-child. Such disruption or deprivation of educational opportunities perpetuates a cycle of poverty by translating into restrictions on mobility, domestic burdens, and the denial of sundry freedoms in respect of survival, development and participation. Their conditions are exacerbated by the abandonment due to the proclivity of the Muslim men in exercising their right of divorce on some flimsy grounds such as marrying another child-bride as evidenced in the Yerima action or due to diseases such as VVF and RVF. This perhaps explains why the northern region of Nigeria especially the North-East and North-West that accounts for highest incidences of child marriages also accounts for the highest level of uneducated women with the attendant low socioeconomic development indices. As succinctly stated by Mrs. Maryam Uwais, MFR, Chairperson, Isa Wali Empowerment Initiative, Kano: “Child marriage, from available statistics, ultimately hampers the efforts of these young adolescents from acquiring an education, as sooner than later, they find it difficult to combine the onerous responsibilities of being a wife and mother, with schooling. They drop out, if they have not been removed for the purpose of marriage,
in the first place. Consequently, 70.8% of young women aged 20-29 in the North West zone are unable to read or write. Due to the fact that these girls are deprived so early of an education (including the access to information and knowledge) they remain bereft of the purchasing power necessary for an adequate diet, healthcare, skills, or even recourse to support in emergencies, all of which would enable them rise above the circumstances of abject poverty. ... Child marriage, therefore, ultimately deprives societies of the intellectual and financial/livelihood contributions of girls, and of their offspring. It is no wonder then that the North continues to portray such poor ratings in almost all aspects of human endeavour.� CONCLUSION The discussion in this paper shows that child marriage as predominantly being practised in the northern region of Nigeria is a man-made scourge that does not bode well either for the girl-child or the larger society. Hence, whatever may be the dominant reason(s) for the practice whether religious or protecting family honour by preventing incidences of promiscuity amongst girls, the practice must be prohibited in order to safeguard the future of the girl-child in Nigeria. In fact, it can be argued that the practice is immoral as it treats the girl-child who lacks the mental capacity to give an informed consent, as a chattel to be auctioned off by her parents to any lascivious man who can afford to pay the bride price. Abolishing the practice requires the co-operation of governments at the state and federal levels in Nigeria. Foremost amongst the actions to be taken should be the amendment of the Nigerian Constitution especially as it affects the provisions of Part 1, Item 61, Second Schedule (Exclusive Legislative List) of the Constitution as they restrict the power of the Federal government in legislating on marriages conducted under customary law or Islamic law, areas where child marriages are rampant in Nigeria. Secondly, the Marriage Act should be amended to expressly state that child marriage is prohibited. As earlier argued, child marriage may be contracted under the Act in States that have not adopted the CRA, provided that the required consent is obtained and none of the parties have been married under customary or Islamic law to another person. Finally, the adoption of the CRA by other remaining States should be pursued vigorously. This requires the active involvement of nongovernmental organisations (NGOs) and other public spirit bodies in the areas of advocacy and sensitisation campaigns.
*Lecturer, Department of Private and Property Law, Faculty of Law, University of Lagos E-mail: e.amechi@gmail.com i 'NIGERIA: Early marriage adds to socioeconomic woes, NGOs say' IRIN, 26 November 2008. Available at http://www.irinnews.org/report/81667/nigeria-early-marriage-adds-to-socioeconomic-woesngos-say ii See Action Health Incorporated, Insights into Early Marriage and Girls' Education in Northern Nigeria (AHI, Lagos, Nigeria, 2011). Available at www.actionhealthinc.org. iii Maryam Uwais 'Senator Yerima and Constitutional Review' SpotonReporters, 22 Jul 2013. Available at http://spotonreporters.com/senator-yerima-and-constitutional-review-by-maryam-u
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NEWS
AND DEVELOPMENTS ON HUMAN RIGHTS August 2013 I PIVOT 17
Slight Fall In World's Children Without Schools The global figure for the number of children without access to schools has fallen to 57 million, according to the United Nations Educational, Scientific and Cultural Organisation. But the improvement is unlikely to be enough to meet the millennium pledge for primary education for all by 2015. These latest figures are for 2011 and are a fall from an estimate of 61 million missing school in 2010. UNESCO's Director General Irinia Bokova says: "We are at a critical juncture."Each year there is a monitoring report from UNESCO measuring the world's progress towards the goal of universal primary education - with recent years showing a stagnation after early gains. But these latest numbers provide a more up-to-date picture, ahead of a United Nations meeting on how to give fresh impetus to efforts to get all children into education. MOST CHILDREN OUT OF SCHOOL · Nigeria · Pakistan · Ethiopia · India · Philippines · Burkina Faso · Kenya · Niger · Yemen · Mali Source: UNESCO This update also shows that aid for basic education has fallen by 6% and that most of the major donors have cut their funding in the past year. It means that the UK is now ranked by UNESCO as the largest direct donor to basic education. The US had previously been the biggest donor, but it has cut its budget while the UK has continued to increase its spending, leaving the UK as the biggest donor in 2011. Germany, Australia and Norway have also increased their donations, but there have been budget cuts from France, Japan, the Netherlands, Norway and Canada. Global Pledge The pledge for universal primary education made by world leaders in 2000 seems increasingly likely to be missed - and there are already discussions about setting new post-2015
targets. There had been a previous target set in 1990 to achieve this by 2000. When this was missed the goal had been moved forward to 2015. These latest mid-year figures do show some progress, but part of this is because previous estimates have been revised. The actual progress is about 2 million fewer children missing school, according to UNESCO. More than half of the children missing out on school are now in sub-Saharan Africa. The last annual report showed that in some countries, including Nigeria, the problem is getting worse rather than better. In contrast, in south and west Asia there have been considerable gains, cutting the numbers of out-of-school children by two thirds in two decades. Malala's Campaign However the annual comparisons show that in Pakistan there were more children without schools in 2011 than in 2010. MOST PROGRESS IN GETTING CHILDREN INTO SCHOOL · India · Ethiopia · Pakistan · Ghana · Vietnam · Kenya · Mozambique · Morocco · Niger · Egypt Source: UNESCO Malala Yousafzai, a teenage schoolgirl from Pakistan, has become an international campaigner for the right to education, after she had been shot by the Taliban last year. Pakistan has the second largest number of children without schools, although it has been making substantial improvements, with the third biggest increase in pupils in schools over the past five years. In terms of annual changes, Ethiopia and Uganda have made the biggest progress in getting pupils into schools.
Women's rights are human rights - now more than ever To eradicate poverty and to achieve sustainable development, countries must first achieve gender equality. In 1995, then-US First Lady Hillary Clinton said: "Women's rights are human rights" at the UN Conference on Women in Beijing. Almost 20 years later, the challenge of ensuring women's rights remains.
There are also concerns about making sure that pupils remain in school. Despite the advances in getting more children to begin school, UNESCO says there has not been corresponding progress in pupils staying in school, without about a quarter dropping out before the end of primary school. There will also be an emphasis on the quality of education and what children learn."The world must move beyond helping children enter school to also ensure that they actually learn the basics when they are there," says UNESCO chief, Irina Bokova. Now is not the time for aid donors to back out. Quite the reverse, to reach these children and our ambition to end the learning crisis, donors must renew their commitments so that no child is left out of school due to lack of resources, as they pledged at the turn of this century. Gordon Brown, the former UK Prime Minister and now UN Special Envoy for Global Education, said: "It is clear that by cutting global education aid just at the time when we need to step up our efforts to meet the millennium development goal by 2015, we are missing out the most marginalised the street children, child labourers, girl brides and disabled children whose chances of finishing school remain abysmally low."Mr. Brown said that it was not "the time for pessimism or defeatism" and promised that in September he would "set out our plan to get 20 million more children into school". Sean Coughlan (BBC News, June 10, 2013) <http://www.bbc.co.uk/news/education22803632> Accessed June 19, 2013
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On May 30, the UN SecretaryGeneral's High-Level Panel on the Post-2015 Development Agenda released its report, which contains a standalone goal on gender equality and empowerment of women and girls. In addition, the illustrative health goal contains a target on ensuring universal sexual and reproductive health and rights. Gender equality and ensuring universal sexual and reproductive health and rights are essential ingredients for sustainable development. We must maintain the momentum gained on these issues in the high-level panel through to the final deliberations at the UN General Assembly in 2014 on global goals for poverty eradication and sustainable development. Now more than ever, we need to recognise the centrality of gender equality. Now more than ever, we must end gender inequality as the grand objective of the 21st century. Promoting gender equality in the post2015 agenda includes finishing the work that the Millennium Development Goals (MDGs) started. Unfortunately, the MDGs that are most off-track are those directly linked to achieving gender equality, such as reducing maternal mortality and ensuring universal reproductive health and rights. There is by now overwhelming evidence that gender inequality severely constrains women's independence and freedom, control over their own bodies, sexuality and childbearing, and restricts their life choices and opportunities in terms of education and work. There is also abundant evidence that it significantly slows economic growth in both rich and poor c o u n t r i e s .
Across the world, in all societies, women and girls consistently face a range of barriers to equality - such as wage gaps, gender-based violence, child marriage and female genital mutilation. The poor and otherwise socially disadvantaged are further marginalised through crippling combinations of gender discrimination and poverty discrimination. Therefore, tackling the gender inequalities and critical barriers that prevent women and girls from exercising their rights and empowering themselves must be at the heart of our efforts to create sustainable, prosperous and resilient societies. Achieving gender equality including women's rights, women's health and women's empowerment - is not only a means to eradicating poverty and achieving sustainable development, it is an important end in itself. Landmark documents such as the Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW), the Programme of Action of the International Conference on Population and Development, and the Beijing Declaration and Platform for Action have long established that women's rights are human rights. CEDAW, established in 1979 and ratified by almost every country in the world, places responsibility for ensuring equal rights for men and women with the state. Women must be offered the same access to all aspects of life as men in order to reach equal status.
We have not achieved this yet. Therefore, we are recommending that the UN General Assembly consider effectively tackling this challenge, and the unfinished business of the MDGs, by ensuring that gender equality and sexual and reproductive health are at the centre of the post-2015 development agenda, with relevant goals, targets and indicators approved. The MDGs created an unprecedented mobilisation of political will and resources in recent years, not least around MDGs 4 and 5 related to reducing maternal and infant death. Both of these goals are inextricably linked to gender equality and the rights, health and empowerment of women and girls. It is essential for our common efforts regarding these to be carried over and further strengthened in the post-2015 agenda. Including goals on gender equality and sexual and reproductive health and rights in the post-2015 agenda will highlight, once again, the central role of women's rights as human rights. The panel report has given a strong momentum for these issues - now it is up to all of us global actors to maintain it, and make sure that it survives all the way to 2015. We are at a decisive point in our common history when our policy intentions and actions will shape the future of human development and our planet in the face of both unprecedented achievements and persistent challenges. Let us ensure that the post-2015 agenda is truly universal and inclusive, and that the ultimate goal is a world where all men, women, young people and children are treated as equally worthy. G. Carlsson, B. Osotimehin, 'Al Jazeera' (June 2, 2013) <http://www.aljazeera.com/indepth/opinion/2013/06/ 2,013626447880533.html> Accessed June 4, 2013
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OLANIPEKUN, OTHERS Fighting for Women's Rights Via Social Media Just because everyone is saying that social media is a great tool for advocacy and mobilisation doesn't mean that everyone knows how to use it effectively. Just because twitter and Facebook and Google+ hangouts are the words on every activist's lips doesn't mean that people really know what they're talking about. So the Open Society Initiative of Southern Africa (OSISA) has decided it is time to start training young women activists in the dos and don'ts of the social media world. The first workshop took place recently in Johannesburg - bringing together twenty young activists from women's rights organisations across southern Africa to enhance their understanding of social media and how best to use it to reach and engage people while advocating for women's rights and gender equality. Funded by OSISA and conducted by frayintermedia, the 5-day training focussed on how to effectively manage social media accounts and how to develop a social media strategy that would strengthen advocacy campaigns. "The training was really empowering," said Alice Kanengoni, Gender and Women's Rights Programme Manager at OSISA. "There are so many social media tools that we can use to spread our messages so that more people in our region - and around the world - get to hear about the wonderful work we are all doing to advance social justice and women's rights." The lead facilitator, Dinesh Balliah, introduced participants to a range of social media platforms, their advantages and disadvantages and how each could be used in advocacy campaigns. Participants set up Facebook, Twitter, Google+, Flickr, Storify, YouTube and wordpress accounts and were shown how to maintain them - and exploit them to the full. A practical session with award winning blogger, Saaleha Bamjee, taught participants how to set up blogs and websites for their organisations and, critically, how to drive traffic to their sites. There was also a special focus on integrating social media into websites. Guest facilitator, Anina Mumm gave practical guidance on Storify, providing participants with an innovative way to use content curation, comments and tweets to share and advocate issues online. And the feedback was overwhelmingly positive. "Thank you for putting together such a useful course on social media advocacy. It was particularly exciting to learn about Storify and Wordpress," said one participant. And another concluded, "So much information was given that has changed my perspective on online advocacy." Now the challenge is for the first twenty participants to start using their new skills to tackle gender inequality and social injustice. And for OSISA to swiftly start organising another course... or two... or three...
Tsitsi Mukamba, 'Open Society Initiative for Southern Africa', (all Africa, May 31, 2013) < http://allafrica.com/stories/201306010005.html> Accessed June 4, 2013
WARN AGAINST CHILD
MARRIAGE, TRAFFICKING Nigerians have been asked to shun child trafficking as well as the move to legalise child marriage in order to safeguard the future of youths of the country. Former Chairman, Governing Council of the University of Ibadan, Chief Wole Olanipekun, SAN, gave the advice at the Dorcas Oke Hope Alive Public Lecture on Human trafficking and challenges of the African child at the UI's Faculty of Law. The DOHAL foundation was founded in 2003 in memory of Dorcas, the only daughter of the President, Sword of the Spirit Ministries, Bishop Wale Oke, who died following a complication arising from typhoid. Olanipekun, who extolled Dorcas' virtue, said, “Early marriage is part of child trafficking. The people should rise against the vices. Tell me where it is written in the holy books that a girl-child should be given out in marriage. “A child of 13 years would first see it as a child's play. It is evil. It is a vicious circle that has extended to the embassies. Why do the embassies give visas to our children? Human trafficking is a recurring habitual circle backed by a strong cartel. “We need to ask what happens to a Senator, who married a girl of 13. We are compounding our problems the more if we have outlaws making laws for us in the country. What do you expect from such personalities?” Oke said, “Child trafficking and child marriage are becoming a terrible menace. A prostitute voluntarily gives her body. In this case the girl child has no choice; she has no liberty and is given no right at all.” Chairman of the occasion, Prof. Bolanle Awe, said, “The Federal Government should address the problem of unemployment in the land. This is contributing to child trafficking”. Tunde Odesola et al, 'Olanipekun, others warn against child marriage, trafficking' (Punch Newspapers, 29 July, 2013) < http://www.punchng.com/news/olanipekun-otherswarn-against-child-marriage-trafficking/> Accessed July 29, 2013
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United States of America: FATHER'S
DAY 2013:
Dads Must Stand Up For Women's Rights Father's Day is a good time to honor dads of all backgrounds, particularly those who tirelessly advocate for their kids and their families. But it also offers a moment to reflect on the positive role men can play in women's lives and the crucial opportunity they have to protect women from violence, to ensure that all women are fairly compensated for their work, and to help open doors of possibility equally for our daughters and sons. The landscape for gender roles in the U.S. has drastically changed over the past half century. A record 40% of women are now primary breadwinners, up from only 11% in 1960. More women than men hold bachelor's degrees and they make up nearly half of the workforce. Among all households with children younger than 18, the share of married mothers who out-earn their husbands has quadrupled since 1960, and the share of families led by single mothers has more than tripled during the same period. More men are doing their fair share, too: Thirty-two percent of dads now stay at home to care for young children, up from 26% in 2002. According to a 2010 study by Princeton University and the Brookings Institute, an increasing proportion of fathers are highly involved in their children's lives even if no longer romantically involved with their mother. A high proportion of unmarried fathers say they want to be involved in raising their child, and more women than ever want their involvement. But on the issues that still plague millions of women in the 21st century — violence, pay inequity, unequal opportunity the continued silence and in some cases blatant obstructionism of men is striking. Nowhere was this inadequacy more publicly on display than at last week's Congressional hearing on sexual assaults in the military, where a nearly all-male panel of military leaders essentially defended the status quo, arguing that "maintaining the central role of the commander in our military justice system is absolutely critical." The harsh reality is that sexual assaults in the military continue to rise, up from an estimated 19,000 instances in Fiscal Year 2011 to
26,000 in 2012. Of those, only 3,374 were reported in 2012 — a 6% increase from the previous year, but still far short of the number of actual instances. In 2012, one out of four women reported unwanted sexual contact by another member of the military. This is precisely why Senator Kirsten Gillibrand's sought to give experienced military prosecutors — rather than commanders — the ability to prosecute violent crimes like rape and murder. And yet one of her male colleagues, Senator Carl Levin removed her amendment from the underlying legislation. That Levin would oppose 27 of his colleagues who co-sponsored the bill - including members of both parties and genders — in favor of retaining a system that harms both men and women was deeply troubling. The issue of pay equity has faced similar obfuscation. Fifty years after President Kennedy signed the Equal Pay Act, women still earn only 77 cents on the dollar for doing the same work as men. African-American and Latina women earn even less — respectively 64 and 55 cents for every dollar non-Hispanic white men earn on average. Even millennial women earn 82 cents on the dollar compared to their male counterparts. Less pay for women means families have fewer resources to afford housing, food, education, and health care, realities that affect Americans of all backgrounds. And yet House Republicans continue to oppose the Paycheck Fairness Act, which would provide more effective enforcement of existing laws and offer remedies for victims of wage discrimination. Of course, whether pay inequity or violence, none of the issues that impede women's progress in the 21st century exist in a vacuum. Both men and women have stood in the way of equality and opportunity for women, and both men and women have a duty to speak up. But men — and in particular fathers — have a special obligation to support women and all of our families. It's time to heed that call, not only because it's the right thing to do, but because we will always fall short as a people if the circumstances of our birth continue to determine our future. Jared Milrad (Policymic, June 13, 2013) < http://www.policymic.com/articles/48105/father-s-day-2013-dadsmust-stand-up-for-women-s-rights> Accessed June 17, 2013
International Day of the African Child:What
Children Require of Us
June 16, 2013 marks the International Day of the African Child. It has been celebrated every year since 1991 on June 16 and was first initiated by the Organization of African Unity to which Nigeria is a member. It honours those who participated in the Soweto uprising but also raises awareness of the continuing need for the improvement of the education provided to African children and also our responsibility to protect and respect the rights of children and their development in Africa. The topic of children and their rights was described by Bill Gates as “A topic of critical importance to the world” – He said this while addressing the World Child & Youth August 2013 I PIVOT 21
Forum held in Sweden in March this year. However, it seems like this importance has not properly resonated at home here in Nigeria. While the rest of the world is making a serious commitment to support children rights and their development, especially the private sector, Nigeria does not appear to have received the memo. New statistics published by UNESCO last week showed that Nigeria maintained the highest ranking of greatest number of children out of school – 59 million children. The figures are alarming. The figures are also questionable, but nevertheless they do no good for the public image of our country.
Microsoft billionaire Bill Gates and other philanthropists like h i m c o n t i n u e t o f i g h t o u r f i g h t . He has just recently re-pledged his support to end child malnutrition and hunger at the Enough Food for Everyone rally in London on June 8th. But why is it that the West is leading this fight? We all agree that only Africa can solve Africa's problems, so where are our African billionaires? Where are our Nigerian billionaires? Why haven't they started a campaign to support Children's Rights and be at the forefront of this critical topic that will map the future of this country?
There has been unparalled global interest in the survival and development of children and this interest was translated in the United Nations Convention on the Rights of the Child and also in the Millennium Development Goals (MDGs) to reduce child mortality, eradicate poverty and hunger and achieve universal primary education for all by 2015. It is no longer news that Nigeria will not achieve any of the eight MDGs by 2015, yet countries like Ghana, Rwanda, Malawi, Ethiopia, Uganda and Tanzania are on target to achieving multiple goals. Ironically, seven of the eight MDGs have a direct impact on children (you cannot talk about gender/ empowering women without looking at the direct impact on the well-being of the child), which means that until Nigeria makes a serious commitment to support children's rights we will not attain any of the MDGs and develop as a nation.
Though Nigeria joined the G7 New Alliance for Food Security and Nutrition this past week, the press release from the Federal Ministry of Agriculture and Rural Development paid sole attention to Nigeria's agriculture transformation and impacting the lives of 10 million farmers (the Agricultural Transformation Agenda). This is good but the press release made no mention of the importance of nutrition in the lives of the nation's most important citizens and failed to note that the G7 Alliance is not just about food security but also about nutrition. In Europe, the 5-fruits/vegetables a day campaign has been circulated around schools for over a decade. In the public schools, every child between the ages of four to six years old is entitled to a free piece of fruit or vegetable a day. Though this might be ambitious for us to achieve right now in Nigeria, nutritional targets can also be reached through milk. What is the government in conjunction with the private sector doing to ensure that every child in the public schools in Nigeria gets to drink a glass of milk each day especially when the cost implication is only between N10 (ten naira) and N20 (twenty naira) per child? There are indeed N10 naira milk sachets available in the market.
The responsibility lies with the private sector – the responsibility to invest in the African child and make a serious commitment to support the rights and development of the African child lies with the private sector. The World Bank, the African Development Bank, the International Monetary Fund and the World Economic Forum and have all confirmed over and over again that private sector development is critical to facilitating economic growth and reducing poverty and inequality in Africa. Indeed, Africa is now one of the most profitable regions for investment. Some predict that Africa needs 7-8% annual growth and the creation of 1 million SMEs – small to medium sized enterprises over the next 10 years. But it isn't all about building roads and bridges and profit margins. Private sector investment must turn its directions to children by developing them and protecting them; and readjusting their attitudes to reach a deep understanding that supporting children's rights is not corporate social responsibility but all about nation building. Until the private sector can understand this, the economic growth of this country will continue to be stunted. Looking at the key areas of education, health (and nutrition) and child protection, our Nigerian billionaires and captains of industry can no longer switch off when the word “children” is mentioned.
There is a hunger epidemic going on right now in our public schools. Even if malnutrition is not killing children it is sabotaging their mental development. How can a child learn on an empty stomach? A child in its first two years of life must get enough food to eat or else his brain is not going to develop as fully as it should. What does that say about our future workforce, our future consumers and our future leaders? Childhood experiences are crucial to the adults we become. If we do not enhance the position of children in our society today in the areas of education, health, nutrition and child protection, we will not be able to develop our economies and our societies effectively. Investing in children is not only the right thing to do for their survival and quality of life, it is also vital for creating and sustaining broad-based economic growth and the essential key to nation building. Toyin Olakanpo, (This Day Live, June 16, 2013) <http://www.thisdaylive.com/articles/international-day-of-the-african-child -what-children-require-of-us/150549/> Accessed June 17, 2013
Day of the African Child In the morning of April 15, 2010, when a head teacher of a rural primary school in Mubende came to his office, he found at his desk a note. It was from one of the female pupils from Primary Seven. The note stated that her Math's teacher was disturbing her. During break time, the head teacher invited her to his office and assured her not to worry as he was going to handle the issue. Two weeks later, nothing had been done and the girl received complications. She had a discharge of pus and it was then that the parents discovered and took her to hospital. This is also when they discovered she had been defiled. Doctors August 2013 I PIVOT 22
observed that there had been a delay in taking her to hospital and consequently, she had developed an infection in her uterus. It was too late to save her uterus, which was removed immediately. She was 13 years old.
Iran: New President must deliver on human rights promises
The head teacher failed to assess the extent and impact of the violation and so took it lightly. Had he taken it as serious as it really was, the girl's uterus would have been saved and the teacher apprehended, tried and jailed. Child abuse is the physical, sexual or emotional maltreatment or neglect of a child or children. Sexual abuse and child sacrifice are considered the worst forms of child abuse. Yet in Uganda, there are still cases of defilement and multiple reports of missing children. These victims are denied of their right to life and survival. Some of the most neglected rights according to the Safe School Environment handbook by the Ministry of Education are the right to security, shelter, clothing, medical treatment, water and food, which must be nutritious and safe. Another important aspect is the right to education, which translates to attending school. If you are a parent and you are not taking a child to school or denying a child an education, especially in this day and age of free primary and secondary education, you should already be an inmate. “Children have a right to be listened to. They should express their concerns freely, belong in a home and participate in family discussions,” says Ida Kanywamusai, the director, Vision for Teachers. “It is illegal not only in schools, but homes to cane a child. Corporal punishments are unconstitutional, therefore, illegal in Uganda,” she says. “If you have been caning or hitting a child whether or not that child is yours, you belong behind the bars for child abuse,” Kanywamusai explains. She adds that a harsh student-teacher relationship is illegal. Students have the right to participate in the making of school rules. School rules should not be imposed on them. Many people prefer younger maids, who do not demand high salary and can be influenced in so many ways. Kanywamusai says many households are guilty of using children below sixteen as maids. A child has a right to play. That is why these small Kampala schools with barely space to kick a ball are stamping on that right. Many schools in Kampala and other urban areas around Uganda are guilty of this. A child cannot develop his talent; a child cannot have a good time playing because there i s s i m p l y n o s p a c e f o r i t . Abused children become victims for the rest of their lives. “They grow up to become child abusers themselves,” Kanywamusai explains, adding that hurting people hurt others. These children develop fear and resentment towards adults, including their own parents, losing the idea of love and trust. They alienate themselves from parents, guardians and the rest of the family and usually choose to suffer in silent seclusion.Child abuse hampers psychological development, which results into low self-esteem and inability to behave normally. Also, stunted growth, mental retardation, disability and acquisition of diseases, are results of child neglect and abuse. These children lack problem-solving skills even as adults; they are unsocial, inactive and emotionally unstable. Kanywamusai says many teachers and parents do not fully understand the rights of children and those who ignore them. “Teachers have neglected the code of professional conduct. Their roles and responsibilities in regards to children's rights have been left abandoned, while parents do not fully understand their roles,” she says.
The victory of Hassan Rouhani, a 64-yearold cleric, in Iran's presidential election, presents a new opportunity to address human rights abuses in the country, Amnesty International said today. Hassan Rouhani, described as a moderate and a pragmatist, made a number of pledges to improve Iran's dire human rights record during his electoral campaign, for which he must be held accountable in the coming months. He plans to issue a “civil rights charter” which calls for equality for all citizens without discrimination based on race, religion or sex. It also calls for greater freedom for political parties and minorities, as well as ensuring the right to fair trial, freedom of assembly and legal protection for all. “The proposed charter if delivered and implemented presents the potential for a decisive first step forward for human rights in Iran, “said Hassiba Hadj Sahraoui, Amnesty International's Middle East and North Africa Deputy Programme Director. “However, people don't want empty promises and rhetoric but rather expect concrete measures. It starts with the release of political prisoners, including opposition leaders, Mir Hossein Mousavi and Mehdi Karroubi as Iranians chanted in the streets after the announcement of the results of the election. “During his first speech today, President-elect Hassan Rouhani said he will never forget the promises he has made to the Iranian people. Amnesty International will be monitoring his actions to make sure he keeps his word.”
Gilbert Kidimu (New Vision, June 17, 2013) <http://www.newvision.co.ug/news/644037-most-abused-children-s-rights-day-of-theafrican-child.html> Accessed June 17, 2013
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The President-elect has been critical of gender segregation in educational facilities and has also made several promises to improve women's rights in Iran, including proposing new draft bills on women, establishing the country's first Ministry of Women, and ensuring gender equality, including in relation to job opportunities. In addition, Hassan Rouhani has emphasized the importance of freedom of expression, including by criticising internet restrictions, and the need to allow government criticism to make way for true progress. Following Rouhani's election victory, supporters chanted slogans in favour of opposition leaders Mir Hossein Mousavi and Mehdi Karroubi. Both politicians were placed under house arrest by the Iranian authorities after calling for protests in solidarity with antigovernment uprisings in Egypt and Tunisia in 2011. Human rights groups and the United Nations have repeatedly called for their release. “The election of Rouhani represents an opportunity for the authorities to re-assess the importance of adhering to the rule of law. They should release all prisoners of conscience now and end the harassment of rights activists, journalists and their families,” Hassiba Hadj Sahraoui said. “Hassan Rouhani has a chance to make a real difference to the lives of people in Iran but it remains to be seen whether, and to what extent, he can and will deliver on his electoral promises in order to bring in true reforms.” As a concrete and symbolic step to match promises made, Amnesty International urges Hassan Rouhani and the Iranian authorities to cooperate with the United Nations human rights mechanisms, including by immediately allowing the UN Special Rapporteur on the human rights situation in Iran to visit the country.
Amnesty International (June 17, 2013) <http://www.amnesty.org/en/news/iran-new-president-mustdeliver-human-rights-promises-2013-06-17> Accessed June 19, 2013
Nigeria: Groups Task Edo Government On Child's Rights Law Members of the civil society, churches and non-governmental organisations in Edo State have called on the state government to expedite action on the implementation of the Child's Right Law passed by the state House of Assembly. The groups, which embarked on a public enlightenment campaign in Benin-City, the state capital, to commemorate the African Child Day, stressed the urgent need for adequate protection and respect for the rights of children. They also decried the alarming figures of the number of orphans and venerable children exposed to domestic violence, sexual abuse, streets begging, exploitation and trafficking, adding that Nigeria presently accounts for 5 million out of the 300 million children in Africa roaming the streets and harbours over 2 million orphans with HIV/AIDS. Canvassing for enabling law aimed at prohibiting and rehabilitating street children, the group further advocated the need to ensure the documentation of the entry process and exit strategy for children in orphanages and welfare homes in the state. Spokesperson for the group and Coordinator, Living Your Dreams Initiative, Kay Benson Akhigbe, noted that the campaign was informed by her personal experience while growing up. She pointed out that the foundation through its value re-orientation and community development had positively touched over 10,000 youths across the country. "When it has to do with children, we are not asking for charity, we are pressing for their right. Asking for the rights of children is not going against the African culture. We are simply asking for what children need essentially for development and welfare, and we need the society to get involved," Akhigbe said. Adibe Emenyonu (This Day, June 20, 2013) <http://allafrica.com/stories/201306200699.html?viewall=1> Accessed June 20, 2013
The State of the World's Children 2013: Children with Disabilities See the child – before the disability, UNICEF says
instance, inclusive education broadens the horizons of all children even as it presents opportunities for children with disabilities to fulfil their ambitions. More efforts to support integration of children with disabilities would help tackle the discrimination that pushes them further into the margins of society. For many children with disabilities, exclusion begins in the first days of life with their birth g o i n g unregistered. Lacking o f f i c i a l recognition, they are cut off from the s o c i a l services and l e g a l protections that are crucial to their survival and prospects. Their marginalization only increases with discrimination. “For children with disabilities to count, they must be counted – at birth, at school and in life,” said Mr. Lake. The State of the World's Children 2013: Children with Disabilities says that children with disabilities are the least likely to receive health care or go to school. They are among the most vulnerable to violence, abuse, exploitation and neglect, particularly if they are hidden or put in institutions – as many are because of social stigma or the economic cost of raising them. The combined result is that children with disabilities are among the most marginalized people in the world. Children living in poverty are among the least likely to attend their local school or clinic but those who live in poverty and also have a disability are even less likely to do so. Gender is a key factor, as girls with disabilities are less likely than boys to receive food and care. “Discrimination on the grounds of disability is a form of oppression,” the report says, noting that multiple deprivations lead to even greater exclusion for many children with disabilities. There is little accurate data on the number of children with disabilities, what disabilities these children have and how disabilities affect their lives. As a result, few governments
have a dependable guide for allocating resources to support and assist children with disabilities and their families. About one third of the world's countries have so far failed to ratify the Convention on the Rights of Persons with Disabilities. The report urges all governments to keep their promises to guarantee the equal rights of all their citizens – including their most excluded and vulnerable children. Progress is being made toward the inclusion of children with disabilities, albeit unevenly, and The State of the World's Children 2013 sets out an agenda for further action. The report urges governments to ratify and implement the Convention on the Rights of Persons with Disabilities and the Convention on the Rights of the Child, and to support families so that they can meet the higher costs of caring for children with disabilities. It calls for measures to fight discrimination among the general public, decision-makers and providers of such essential services as schooling and health care. International agencies should make sure the advice and assistance they provide to countries is consistent with the Convention on the Rights of the Child and the Convention on the Rights of Persons with Disabilities. They should promote a concerted global research agenda on disability to generate data and analysis that will guide planning and resource allocation, the report says. It emphasizes the importance of involving children and adolescents with disabilities by consulting them on the design and evaluation of programmes and services for them. And everyone benefits when inclusive approaches include accessibility and universal design of environments to be used by all to the greatest extent possible without the need for adaptation. "The path ahead is challenging," said Mr. Lake in Da Nang, Viet Nam, for the launch of the report. But children do not accept unnecessary limits. Neither should we. UN Children's Fund (May 30, 2013) <http://www.unicef.org.uk/Latest/Publications/sowc-report-2013-childrenwith-disabilities/> Accessed June 20, 2013
NBA urges protection of Children against abuse
Children with disabilities and their communities would both benefit if society focused on what those children can achieve, rather than what they cannot do, according to UNICEF's annual State of the World's Children's report. Concentrating on the abilities and potential of children with disabilities would create benefits for society as a whole, says the report released today. "When you see the disability before the child, it is not only wrong for the child, but it deprives society of all that child has to offer," said UNICEF Executive Director Anthony Lake. “Their loss is society's loss; their gain is society's gain.” The report lays out how societies can include children with disabilities because when they play a full part in society, everyone benefits. For August 2013 I PIVOT 24
Nigerian Bar Association, Ikeja branch, has advised parents to protect their children against abuses. Chairman of the branch, Mr. Monday Onyekachi Ubani, gave the advice at an interactive session organised by African Women Lawyers Association, AWLA. Ubani, who was represented by his Vice, Mr. Adeshina Ogunlana, said children needed protection to insulate them against social vices which had eaten deep into the fabrics of the society. Chairman of the occasion, Mrs. Titi Akinlawon, SAN, who spoke on the topic, “Child Protection; Culture and Responsibilities”, said there was no law that guided the rights
of the child in Lagos until 2007.According to her, before then, there was only one law that protected the rights of a child in Nigeria. She noted that though the new generation of children had the privilege of electronic media network, there was need for parents to inculcate high level of disciplines and integrity in their children. Mrs. Akinlawon said:”You are our future and if we fail to seek for your welfare, how then do you become the future of tomorrow?”. Speaking on 'Child Protection', Mrs. Tam George, Secretary of Nigerian Bar Association, Ikeja branch, quoted the recent
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report by United States that over 10.5 percent of children of school age in Nigeria were out of school. She said: “You have right to sound education, you have right to leisure and recreation, you have right to move together in group, you have right to ask and to express yourself, you have right not to be physically abused.” She also spoke on the need for the rights protecting the children and women, saying laws were made to define performance and contribute to the development of the society. George, however, charged Nigerian children to pursue their goals and seek more information that could assist them in their academics. Similarly, Mrs. Lara Williams, a seasoned educationist, spoke on culture and religion, saying culture had taken away over 99% of day to day activities in Africa. She added that men were supposedly given more opportunities than women and implored women to be bold to reach beyond the cultural norm of the society. According to her, there should be an end to the attitude of discrimination between the male and female child in the family. She also frowns on public discrimination against disabled persons in the society. ”Disabled children are always not being properly taking care of, they are always being hidden for the public,” she added These people should be catered to and allowed to be what they want to be in the society as long as it is moral and lawful. She also tasked Nigerian children to always listen to instructions from their parents, adding that, “parents have responsibilities to their children as the children have also to them”. Ijeoma Nathaniel, (Vanguard Newspapers, June 20, 2013) <http://247nigerianewsupdate.com/nba-urgesprotection-of-children-against-abuse/> Accessed June 21, 2013
Governors' Wives Make Case for Protection of Widows Rights The plight of widows in Nigeria against the background of the patriarchal nature of the country is so pathetic that unless their rights are protected, they would continue to suffer dehumanisation and material privation, wife of Cross River State Governor, Mrs. Obioma Liyel Imoke, has said. Speaking at the maiden Widows Summit in Nigeria, facilitated by her, Mrs. Imoke said widows needed help because most were suffering in silence following the death of their husbands occasioned by their lack of inheritance rights. She explained that she facilitated the first ever summit on widows in the country in order to reawaken the consciousness on the rights of widows and thus guarantee their right of inheritance considering the manner they suffer upon the death of their spouses. The governor's wife also said her collaboration with wives of governors in the South-South and South East geopolitical zones was aimed at raising their voice to enable government meet the Millennium Development Goals [MDGs] in 2015 on poverty reduction and gender equality. In her speech, the Minister of Women Affairs and Social Development Hajiya Zainab Maina called on government, policy makers and stakeholders to make laws that would reduce the plight of widows in Nigeria upon the death of their husbands. The summit with theme, ''Louder Please, A Call for Increased Advocacy and Interventions on Widows Rights in Nigeria'' took place at Uyo, the Akwa Ibom State capital to commemorate the 2013 International Widows' Day. Zainab expressed optimism that through collective effort, appropriate enlightenment, sensitization and advocacy, circumstances impeding the rights of widows and that of their children would be minimized. She blamed the increase in the number of widows in the country on the recurring incidence of terrorism, inter-tribal wars as well as natural disasters but however assured that the Federal Ministry of Women Affairs was into partnership with MTN Foundation under its “Widows Empowerment Scheme” to provide tools of trade and training to over 300 widows across the country to make them self reliant. She therefore requested for data on widows in each states of the federation to extend the scheme to them and thus make life bearable for them. Jude Okwe, 'Governors' Wives Make Case for Protection of Widows Rights', (This Day News, 23 July, 2013) < http://www.thisdaylive.com/articles/governors-wives-make-case-for-protection-of-widows-rights/153837/> Accessed July 23, 2013.
June 23rd, International Widows' Day Nigeria: MTN Rises in Defence of Widows' Rights MTN Foundation at the weekend joined in calling for recognition of widows' right in Nigeria. The Executive Secretary of MTN Foundation, Ms. Nonny Ugboma at a press briefing to mark the 2013 International Widows' Day said MTN joined the call for recognition of widows
dignity because of its belief in protecting and respecting the rights of widows, irrespective of their culture, country or religion. Citing a recent UN report on widows, she lamented that
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over 115 million widows are currently living in extreme poverty worldwide, along with their children. She however said that the number was expected to rise due to the incessant cases of armed conflicts that often lead to more male causalities. She said that the foundation had begun intervention by organizing stakeholders' workshop on widows' concerns in 2011.
next few months are expected to receive formal training and be presented with their tools of trade. "MTN Foundation is committed to providing opportunities for widows to increase access to sustainable livelihood. We believe that if given the opportunity, a widow can be a source of inspiration to others and also make valuable contributions to the development of society," she said.
The event according to her, led to the conception of the MTNF Widows' Empowerment Scheme, MTNF-WES, which provides business management skills and offered equipment support to Nigerian widows, who have no means of livelihood. Those classes of widows are selected from the six geopolitical zones of the country, even as she noted that about 300 widows have so far been selected as beneficiaries of the scheme. The selected women over the
Meanwhile, the minister of Women Affairs, Hajia Zainab Maina said that federal government was commemorating the widows' day in order to give special attention to millions of widows in Nigeria who are exposed to several dehumanizing practices across the country. Emma Elebeke and Ruth Odiniya (Vanguard Newspapers, June 25, 2013) <http://allafrica.com/stories/201306260244.html> Accessed June 27, 2013
PROTECT GIRLS AGAINST SEXUAL HARASSMENT –SOLANKE First Female Senior Advocate of Nigeria, ‘Folake Solanke, said there was need for parents to protect their children and wards against sexual harassment and exploitation. The legal luminary spoke during the 2013 Valedictory Service and graduation ceremony of Bodija International College, Ibadan. Noting that there were increased reported cases of rape and exploitation in the society, Solanke said, “We have cases of harassment of young girls. Nobody should be harassed. Whoever is proven to have harassed somebody should be made to face the law. “As parents, we should prepare girls to resist attempts of assault whenever they can. We have the human trafficking law. This should be properly enforced to prevent our children from being moved into slavery in foreign countries where they are exploited. “The youth should also know that they don't have to follow the crowd to do evil. They should stand up for what is good and honest. This will elevate the country. “My advice to the graduating students is that they must never forget the skills that the schools imbibed into them. They must listen to their parents and do the best for the country.” In his lecture on the occasion, the Vice-Chancellor, University of Ibadan, Isaac Adewole, who spoke on 'What next?' said the journey was just starting and the future was full of challenges. He said, “You are all preparing to commence another journey in the next phase in your lives. Most of you, if not all, shall become university students. There are many cases of young men and women who have been asked to withdraw from the university owing to poor performances.
“It is better to begin the sensitisation to let you know what lies ahead in the next phase of your career.” Director of Schools, Bodija International College, Ibadan, Funmilayo Williams, described the graduation ceremony as the beginning of another phase in the life of the students. She said the next phase would lead to self discovery. She said, “The graduation ceremony is the end of a phase and the beginning of another. You are on a journey of self discovery. You are yet to know who you are. You will still know who you are in a couple of years to come.” Akinwale Aboluwade, 'Protect Girls against Sexual Harassment' (Sunday Punch, 14 July, 2013) < http://www.punchng.com/news/protect-girls-against-sexual-harassmentsolanke/> Accessed 16 July, 2013
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ILO RENEWS CAMPAIGN AGAINST CHILD LABOUR
Divorce: FIDA Cautions Couples
also says events will involve the participation of governments, employers and workers, other UN organisations and non-governmental organisations.
The ILO says the term “child labour” is often defined as work that deprives children of their childhood, their potential and their dignity, and that is harmful to physical and mental development.While noting that not all work done by children should be classified as child labour, it explains, “In its most extreme forms, child labour involves children being enslaved, separated from their families, exposed to serious hazards and illnesses and/or left to fend for themselves on the streets of large cities, often at a very early age.” As part of efforts to tackle the problem, the ILO in 2002 set aside June 12 as the World Day Against Child Labour - for the creation of awareness that would prevent child labour.Despite this and other efforts, the ILO has expressed concern that global economic problems may affect the campaign. Already, it says growing concerns over the impact of the economic downturn has seen efforts to eliminate the worst forms of child labour slowing down. According to its Global Report on Child Labour, as of 2008, there were 215 million children engaged in child labour.While calling for a re-energised global campaign against child labour, the ILO and countries across the world have continued to mark the World Day Against Child Labour. This years' edition, which will be marked across the world with seminars and rallies has the theme, 'No to Child Labour in Domestic Work'. As part of events to mark the day, the ILO has released a new report entitled, 'Ending child labour in domestic work: Protecting young workers in domestic work from abuse and exploitation'.The new study, released late on Tuesday provides figures on the number of children involved in domestic work. It also shows how they are often vulnerable to physical, psychological and sexual violence and abusive working conditions. Apart from the report, the ILO says the day will also witness media events and awareness raising campaigns with cultural performances that will comprise the celebrations for this year's World Day, which will be held in more than fifty countries around the world. It
A global day calling for the education of all females was held in honour of a schoolgirl shot by the Taliban. Malala Yousafzai, 15, was treated in Birmingham after being shot in the head in October for campaigning for girls' rights to education in Pakistan.
As part of activities to mark the day in Nigeria, the ILO says at the national level there will be a rally by children against child labour and an advocacy visit to the minister of labour on the need for the ratification of C189 as it concerns child labour. C189 is the Domestic Workers Convention, 2011 (No. 189). It is a convention concerning decent work for domestic workers. The convention considered the fact that domestic work continues to be undervalued and invisible and is mainly carried out by women and girls, many of whom are migrants or members of disadvantaged communities and who are particularly vulnerable to discrimination in respect of conditions of employment and of work, and to other abuses of human rights, among other things. The recommendations of the convention, which were adopted in Geneva on June 16, 2011 at the 100th ILC session, and are expected to enter into force on September 5, 2013, include that member countries should take measures to ensure the effective promotion and protection of the human rights of all domestic workers, as set out in the Convention. This includes setting a minimum age for domestic workers consistent with the provisions of the Minimum Age Convention, 1973 (No. 138), and taking measures to ensure that work performed by domestic workers, who are under the age of 18 and above the minimum age of employment does not deprive them of compulsory education, or interfere with opportunities to participate in further education or vocational training. ILO members are also required to take measures to ensure, among other things, that domestic workers enjoy effective protection against all forms of abuse, harassment and violence. At the state level, the ILO says advocacy visits should be paid to the state governors, heads of service and chief judges on the elimination of child labour, among other events such as seminars and essay competitions depicting the challenges of child labour in domestic work. Simon Ejembi, 'ILO Renews Campaign against Child Labour' (The Punch, 12 June, 2013) <http://www.punchng.com/business/appointments-management/ilorenews-campaign-against-child-labour-2/> Accessed 16 July, 2013
The President, International Federation of Women Lawyers, (FIDA), Mrs. Hauwa Shekarau, has called on couples to always consider their children before taking harsh decision on divorce. Shekarau made the call while speaking with newsmen in Port Harcourt adding that FIDA had interest in the rights of women and children. She said FIDA recognised men's role as heads of the family unit, but noted that part of FIDA's objectives was to ensure that women enjoyed their right as human beings. “What we are doing about protecting women's right is not about trying to downplay the role and the importance of men in the society. “The position of men is the position given to them by God; we cannot take that away from them but what we are saying is that women are human beings. 'Women's rights are human rights, just as the man has right; the women also have their rights. “But a situation where the man, as the head of the family, now thinks he is the Alpha and Omega, and treats the woman unjustly, this is where we come in to say he cannot do that, “Shekarau said. She said every human being, old or young, had some basic rights that were indelible unless in the case of crime, the court would take away some of the rights. Shekarau said that the federation was also promoting peaceful co-existence between the men and the women. “All we are asking for is give women the opportunity to be the proper helpmate so that they can support you to do the best you can do in the home as God ordained,“ she said. Shekarau said that there were issues of the children's right in case the marriage could not work and the couples decided to go their separate ways. She said that FIDA was interested in seeing a wellbalanced society where the rights of men and women and the children were protected and people lived in peace and were happy. The FIDA President said that the organisation had zero tolerance for men trampling on the rights of women. The Nigerian Observer, July 15, 2013 < http://nigerianobservernews.com/15072013/news/news12.html> Accessed July 17, 2013
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GLOBAL MALALA DAY TO CALL FOR GIRLS' EDUCATION
The United Nations Secretary General, Mr. Ban Ki Moon and the former British Prime Minister, Mr. Gordon Brown, now a United Nations envoy for education, were part of the host of dignitaries present. The event took place on Malala's 16th birthday on 12 July. He has appointed Malala's father Ziauddin as a special advisor. Malala is expected to secure permanent residence in the UK and Mr. Yousafzai has been employed by the Pakistani consulate in Birmingham for the next three years.
‘Liberation movement'
The plans for Malala Day were announced on International Women's Day at the Women of the World Festival at London's Southbank Centre. Mr. Brown said the issue of universal education for girls was in desperate need of a "liberation movement and a freedom fight for change". It is hoped young people from around the world will mark the day, aimed at providing education for the estimated 32 million girls who do not currently have access to it. Surgeons in Pakistan removed a bullet from Malala's head after she was attacked in the Swat valley. She was flown to Birmingham's Queen Elizabeth Hospital for further treatment. Malala has received support from around the world, with tens of thousands of people signing an online petition calling for her to be nominated for the Nobel Peace Prize. BBC News, 'Global Malala Day to Call For Girls' Education' (2013) <http://www.bbc.co.uk/news/uk-england-birmingham-21713210> Accessed June 13, 2013
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TEENAGE PREGNANCY: NPC Director Advises Young Girls
Mr. Saleh Bello, the FCT State Director at the National Population Commission (NPC), has urged teenage girls to always speak up when they are sexually abused by anybody, including their relations. Bello told newsmen in Abuja that one of the reasons teenage pregnancies were rampant was because some of the young girls chose to remain silent in the course of being abused. The NPC defines teenage pregnancy as pregnancy in a female child below the age of 20. The director noted that another reason for the prevalence of teenage pregnancies was the absence of severe punishment for the perpetrators of the abuse. He added that one out of every five teenage girls at a given period had already given birth by age 18. Bello advised that sexual education and enlightenment programmes should be encouraged among teens to create awareness on the dangers of teenage pregnancies. “One of the reasons while the cases are rampant is because we have maintained the culture of silence; because more often than not, it happens within families. “Because it is an uncle, or a brother sometimes in the family that is trying to abuse these young girls and they are afraid of telling their parents, maybe because of the fear of the unknown - the relationship in the family may be smeared. “Another reason is the punishment; the punishment is not enough, it's like there is no punishment at all, if people that are involved are properly punished it will serve as deterrent to others.'’ Bello advised parents not to give their daughters out in early marriage as that could hinder their progress in future. He added that education would do a lot of good because “depriving a child of that age from continuing education will cause a lot of damages than good to the nation.' He said one of the consequences of teenage pregnancy was that the victim would stop school because “one cannot be pregnant and be a student at the same time.” He also said that apart from the stigma victims faced, some might decide to procure abortion, which could lead to death or other fertility problems in future. Bello advised that government should improve on public education while parents should create more time for their children or wards and give them sex education. He added that shying away from discussing such issues with children could lead them to learning wrongly from their friends or peers. The NPC reported recently that the rate of teenage pregnancy in Nigeria had declined since 1990 and that in 2008, about 23 per cent of teenagers aged between 15 years and 19 years had begun to bear children. He said “teenage pregnancy varies in northern and southern zones, as well as urban and rural areas. “They are higher in the rural areas of the northern geopolitical zone; one in every three teenage girls in the north has started child bearing in 2008, compared with one in every 10 in the south.' NPC also said that Katsina State stood out as the state with the highest rate of teenage pregnancy and motherhood at 65 per cent, while Edo recorded the least percentage at 2.9.
Women's Rights Activists to Fight Against Explicit
Content on Facebook Few months ago, a few political parties had come forward in protest against sexually explicit content on the web. And now it is few prominent gender groups across the globe who have come forward and filed an official petition against the social networking website Facebook. They have demanded removal of material that trivialises or glorifies violence against girls and women, from the website. Prominent gender groups like Collective Action for Safe Spaces (CASS) and Association for Progressive Communications Women's Rights Programme (APCWRP) along with women rights activists like Laura Bates and Jackson Katz have petitioned the popular social networking site Facebook to address the representation of rape and domestic violence on its platform. The petition has called for a swift and effective action from Facebook to recognise all the materials that glorify and encourage violence against women. It has also asked the website to be intolerant towards such posts. In its appeal, the group has asked Facebook to effectively train its moderators to understand how online harassment affects women in various parts of the world due to the prevailing social situation. The appeal comes after Facebook had allowed advertisements that encourage such violence. The appeal reefers to groups like "Violently Raping Your Friend Just for Laughs" or "Raping your Girlfriend" that openly support such acts. “It appears that Facebook considers violence against women to be less offensive than nonviolent images of women's bodies, and that the only acceptable representation of women's nudity are those in which women appear as sex objects or the victims of abuse.” said the petition as it questioned Facebook's approach towards such instances. Naveen Peter, 'Women's Rights Activists to Fight against Explicit Content on Facebook' (25 May, 2013) < http://tech2.in.com/news/general/womens-rights-activists-tofight-against-explicit-content-on-facebook/874326> Accessed on 23 July, 2013
A Decade of African Women's Rights It remains a fact that gender parity is a challenge for women across the globe. Yet the African continent boasts an exemplary legal instrument that guarantees comprehensive rights to women – The Protocol to the African Charter on Human and Peoples' Rights on the Rights of Women, which will be marked it 10 year anniversary on July 11, 2013. Commonly referred to as the Maputo Protocol, this progressive convention aims to make it possible for women in Africa to take part in the political process, to achieve social and political equality with men, to take charge of their reproductive health and to put an end to harmful traditional practices such as female genital mutilation. As the name suggests, it was adopted by the African Union (AU) at the Union's second summit in Maputo, Mozambique on July 11, 2003. Having been ratified by the required 15 member nations of the African Union, the Protocol entered into force on November 25, 2005. By January 2013, 48 of the 54 AU member states had signed the Protocol, 36 of which have now ratified and deposited their instrument to the African Union. Established in 2004, The Solidarity for African Women's Rights Coalition (SOAWR) is made up of 43 civil society organizations from across Africa with the secretariat hosted by Equality Now in Nairobi, Kenya. The coalition has played an important role in exerting
pressure on governments during AU summits and other important regional and national meetings to not only push for ratifications, but also for African women to enjoy the rights provided in the Protocol. The 18 countries who have not yet to ratified the Protocol are Algeria, Botswana, Burundi, Central African Republic, Chad, Egypt, Ethiopia, Eritrea, Madagascar, Mauritius, Niger, Sahrawi Arab Democratic Republic, Sao Tome & Principe, Sierra Leone, Somalia, South Sudan, Sudan, and Tunisia. Although ratifications are a necessary step to securing women's rights in Africa, major challenges remain which are deeply embedded social and cultural factors that are extremely difficult to tackle. The key challenge is to ensure that the Protocol becomes a tool for women's empowerment and a force for freedom in Africa. To overcome these challenges, there is a need to create awareness among civil society organizations at national and grassroots levels so that they may use the Protocol as a tool to hold member states accountable. The Nation, July 14, 2013 <http://thenationonlineng.net/new/a-decade-ofafrican-womens-rights/> Accessed July 17, 2013
Domesticate Child Rights Act: UNICEF Charges Governors The Country Representatives of the United Nations' Children Fund (UNICEF) in Nigeria, Jean Gough, has called on state Governments to hasten the domestication of the Child Rights Act. Speaking during a visit on the Gombe State Governor, Alhaji Ibrahim Hassan Dankwambo, he said doing so would afford the Child adequate protection. She further charged the Gombe State government to establish a task force on routine immunization especially on polio. According to her, this was because Nigeria was one of the three countries in the world where polio was yet to be eradicated.
She expressed concern over delay in the payment of counterpart fund by some state governments just as she called for commitment in that direction so that its programmes would not be stalled. She said she was rightly overwhelmed by the massive transformation being undertaken by Dankwambo in the last two years of the administration. Speaking through his Deputy, Mr. Tha'anda Jason Rubainu, the Governor stated that his administration had always taken issues that affect children very seriously which was a reason the state had remained Guinea warm free in the last three years.
Segun Awofadeji, 'Domesticate Child Rights Act; UNICEF Charges Governors' (This Day News, 22 June 2013) < http://www.thisdaylive.com/articles/domesticate-child-rights-act-unicef-charges-governors/151172/> Accessed July 22, 2013.
The Nigerian Observer, July 15, 2013 <http://nigerianobservernews.com/15072013/news/news8.html> Accessed July 17, 2013
August 2013 I PIVOT 30
August 2013 I PIVOT 31
Nigeria's Human Rights' Abuses on the Increase
Stakeholders Meet over Child Rights Bill in Ogun State Stakeholders from different professions and organisations on Friday met to deliberate at a forum on a legislative bill which is to provide for the protection, enforcement, and advancement of the rights and welfare of the child in Ogun State. The bill had earlier been sponsored by three lawmakers: Elizabeth Anifowose, Joseph Adegbesan, Tunrayo Adeleye-Oladapo and Babatunde Egunjobi. The resolution of the assembly thereafter called for participation of stakeholders before final approval could be given. At the public sitting held at the assembly premises at OkeMosan, Abeokuta, a number of written and verbal memoranda were presented by individuals and various organisations/bodies, including non-governmental organisations. Some notable bodies in attendance included, the Child Protection Network, CPN; Nigeria Immigration Service; Nigeria Police Force; Nigeria Union of Journalists; Boys Scout, Nigeria Medical Association; among others. The Speaker, Adekunbi Ishola, while declaring open the meeting, noted that there is no gainsaying that the rights of the child all over the world have been trampled upon for quite a long time. He recalled that in 2004, for the first time in the history of Ogun State, the fifth legislature passed into law the Child Rights Bill. 'It was later observed that there are wider areas that needed to be covered in the pursuit of the agenda of child development and rights attainment. Also it was discovered that there is need to amend some of the clauses in the 2004 law,” Mr. Ishola said. The speaker explained that it therefore became necessary to put together a new Child Rights Bill; hence, the reason for the stakeholders meeting. According to Mr. Ishola, the Convention of Rights of the Child adopted by the United Nations General Assembly in 1989 opened the door to full citizenship for children.
“Article 1 of the convention on the rights of the child defines a child as every human being below the age of eighteen years. The convention transforms children from passive objects to active agents with rights. It demands that their views be considered and be given due recognition,” he said. He said part of the objectives of the child rights law is to ensure that children are listened to and given the opportunity to contribute to the decision making processes which would eventually lead to better lives for them. Mr. Ishola added that this can also lead to policies that are actually not just theoretically in children's interest but practically having impact on their lives. The speaker explained that the stakeholders' forum is organised as part of the House of Assembly's efforts to ensure that the rights of children are secured and called on participants to contribute meaningfully to the importance of the bill. “The Ogun State House of Assembly through this law will offer our children the opportunity to live better lives and in the long run benefit them and the society at large,” he said. Meanwhile, forum chairman and lead sponsor of the bill at the assembly, Elizabeth Anifowose, in her closing remark, called for more memoranda from the public, and assured that the assembly will speed up the passage of the bill into law Dimeji Kayode-Adedeji, 'Stakeholders Meet over Child Rights Bill in Ogun State' (Premium Times, 19 July 2013) < http://premiumtimesng.com/regional/141310-stakeholders-meet-overchild-rights-bill-in-ogun.html> Accessed 23 July, 2013
OGUN SWEARS IN FIRST FEMALE ATTORNEY GENERAL Ogun State Governor, Senator Ibikunle Amosun, today swore in the first female Attorney General (AG) since the creation of the state in 1976. She is Mrs. Abimbola Ibironke Akeredolu. The governor also swore in Mrs. Patricia Funmilola Oduniyi, as Solicitor General and Permanent Secretary. Speaking at the inauguration ceremony attended by the Chief Judge of Ogun State, Justice (Mrs.) Olatokunbo Olapade and immediate past Attorney General and Commissioner for Justice, Mr. Wemimo Ogunde, SAN, at the Governor's Office in Abeokuta, Amosun recalled that this was the first time the entire top echelons of the
Aliyu, who was represented by the Secretary to the Niger State Government (SSG), Alhaji Saidu Ndako, while declaring open a retreat for the newly constituted governing council and management staff of the NHRC in Minna, said weak laws of the land, lack of political will for enforcement were some of the reasons for the high rate of human rights abuse in the country. “Ignorance, greed and excessive quest for power, religious fanaticism. Insecurity and insincerity of leaders as instruments that have grounded the guarantee for the protection of human rights and dignity in the society. “The prevalence of these vices have frustrated genuine efforts aimed at protecting human rights and have made it a fruitless exercise. The high incidences of rights abuses in this country has prompted the Human Right Watch to list Nigeria on its list of corrupt countries,” he said. Aliyu blamed some security outfits in the country for human right abuses, adding that the abuses were on the increase from security outfits compared to abuses by individuals, groups and other government establishments. “Apart from civil rights and political rights, citizens are also to be guaranteed economic and social rights which include rights to free health, education and other social amenities. The current situation in the country shows that majority of Nigerians are denied these rights which has resulted in citizens living in
abject poverty. The continued occurrence of these situations poses serious threats to our existence as a nation,” he said. The governor, who emphasised the need to take bold steps towards rebuilding individual, private and public lives for the nation to get out of the woods, adding that the protection of human rights was now an instrument for assessing the success of any democratic government. Also speaking, the Secretary to the Government of the Federation (SGF), Senator Anyim Pius Anyim, said the federal government was working towards ensuring that citizens enjoy their rights in the country adding that there have been effective investigation and prosecution of criminal offences such as defilement, sexual assault, rape, neglect, abandonment, drugs, arms and human trafficking are being encouraged. The SGF, who was represented by the Permanent Secretary, Special Duties, Dr. Jemila Shuarah, said government would support the private sector, individual and civil society organisations in pursuing processes leading to the prevention, investigation, prosecution and punishment of human rights violations as stipulated in the treaties and Nigeria law. Aisha Wakaso,' Nigeria's Human Rights' Abuses on the Increase' (This Day News, 22 March, 2013) <http://www.thisdaylive.com/articles/aliyu-nigeria-human-rights-abuses-onthe-increase/142880/> Accessed 23 July, 2013
MARCH 8, 2013:
justice system in the state would be manned by women. He told the two women to see their inauguration as a call to service. "We must ensure that the confidence reposed in us by the electorate is not misplaced," he said. The state helmsman praised the immediate past AG, noting that "he worked diligently well." The Oath of Allegiance, Oath of Office and Oath of Secrecy were administered on the new officials by 9.15am. The new Attorney General and Commissioner for Justice, Mrs. Abimbola Akeredolu, was born in 1964 and secured degrees and certificates at the University of Lagos as well as
The Niger State Governor, Dr. Muazu Babangida Aliyu, has said despite efforts by the National H u m a n R i g h t s Commission (NHRC) to curb rising cases of rights violations, stating that the cases were assuming frightening dimension in the country.
INTERNATIONAL WOMEN’S DAY International Women's Day is annually held on March 8 to celebrate women's achievements throughout history and across nations. It is also known as the United Nations (UN) Day for Women's Rights and International Peace.
institutions in France and Italy. Her appointment brings the number of women in the Cabinet of Ogun State to 12, thus making the state the most gender-friendly in the country.
Ibrahim Ogungbade, 'Ogun Swears In First Female Attorney General' (8 March 2013)
<http://ogunstate.gov.ng/index.php?option=com_content&view=article&id=328%3Aogun-swears-in-first-female-attorney-general> Accessed 13 June, 2013
August 2013 I PIVOT 32
UN System Observances for International Women's Day 2013 In 1975, during International Women's Year, the United Nations began celebrating 8 March as International Women's Day. Two years later, in December 1977, the General Assembly adopted a resolution proclaiming a United Nations Day for Women's Rights and International Peace to be observed on any day of the year by Member States, in accordance with their historical and national traditions. For the United Nations, International Women's Day has been observed on 8 March since 1975. The Day is traditionally marked with a message from the Secretary-General. The official United Nations theme for International Women's
Day 2013 is "A promise is a promise: Time for action to end violence against women." "There is one universal truth, applicable to all countries, cultures and communities: violence against women is never acceptable, never excusable, never tolerable." Secretary-General, Ban Ki-Moon United Nations, 'UN System Observances for International Women's Day 2013' (2013) < http://www.un.org/womenwatch/feature/iwd/> Accessed 13 June, 2013
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UNDERLYING REASONS
WHY WOMEN STAY IN
ABUSIVE RELATIONSHIPS Oluwatoyin Adejonwo-Osho (PhD) Department of Public Law, University of Lagos Email: oadejonwoosho@yahoo.com
The notion of single parenting is unacceptable to many abused women; they believe a bad father is better than none at all. It's not uncommon to hear sentences such as "why do women stay in abusive relationships?" or "why do women not leave abusive partners?" These types of questions, although common, have a tendency, whether unintentional or not, to blame the women in such relationships rather than see them as victims, and they tend to suggest that such women are to be blamed for the lack of integrity and character of their abusers. However, the reasons why women stay are far more complex than a blanket statement about a victim's character or strength of will. This article aims to consider the underlying causes why women, particularly women in Nigeria, stay in abusive relationships. It is pertinent to point out from the start that although there are some underlying causes that cut across all society, country and culture, there are some underlying causes that are specific to certain societies and culture. For example in some societies, owing a family pet is one of the underlying factors why women stay in abusive relationships.
Ø
The Economic Status of the Woman Ø
A woman feels less dependent if she has more resources at her disposal and is less than likely to continue in an abusive relationship.
Ø
Most abused women fear losing custody of their children.
Ø
Most abused women have at least one minor child and are unable to cater for their needs effectively.
Ø
Many abused women are not employed outside the home.
Ø
Many abused women don't have property that is solely theirs.
Ø
In many cases, abusers may cut off access to cash or bank accounts.
Ø
Abused women fear a lower standard of living for themselves and their children.
The reasons Nigerian women stay in abusive relationships typically fall into two categories. · Ø
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Cultural and Societal Beliefs Many women are conditioned to believe they are responsible for making their marriage or relationship work; that if the relationship fails, they have failed as women.
Ø
Society has often taught women that their worth is measured by their ability to get and keep a man.
Ø
The notion of single parenting is unacceptable to many abused women; they believe a bad father is better than none at all.
Ø
Many abused women isolate themselves from their families and from society, either because of the abuser's possessiveness or jealousy, or an attempt on the part of the victim to hide signs of abuse from the outside world.
Many victims rationalize and find excuses for their abuser's behaviour, such as stress, financial hardship, job stress, etc.
Conclusion Despite the pathetic and sometimes tragic consequences of abusive relationships, many Nigerian women remain ensnared in such. In summing up the various reasons discussed above, there is the need to reject cultural and societal beliefs that are retrogressive to the rights and the development of women. It is also important that women are empowered to be independent financially, for example, through better education and wider access to employment. Ultimately, there is the need to remove the tacit acceptance of abuse of any kind, whether violent, economic, psychological or otherwise, by the victims themselves and the public in general. August 2013 I PIVOT 35
REVIEW OF ALABI v ALABI (2008) All FWLR (Pt. 418) 245 WAHAB SHITTU
1.1. INTRODUCTION 1.0.1. In an application for the dissolution of marriage, three principal issues are at stake for judicial consideration namely: a. Dissolution of the marriage b. Custody of the children; and c. Maintenance 1.0.2. Generally, the award of custody of the children of a marriage that has broken down irretrievably is governed by Section 71(1) of the Matrimonial Causes Act 1990 (MCA), which provides: “In proceedings with respect to the custody, guardianship, welfare, advancement or education of children of a marriage, the court shall regard the interests of those children as the paramount consideration: and subject thereto, the court may make such order in respect of those matters as it thinks proper.” 1.0.3. Custody of child (ren) includes but not limited to the control of the children (It covers the child's personality, physical, mental and moral upbringing of the child, or the provision of fundamental needs, like food, shelter, clothing, e.t.c. 1.0.4. Under the Islamic law, custody is generally granted to the mother. 1.0.5. In Nigeria legal system, custody is not granted in favour of sex of parties by any Statute, but in the interest of the child. 1.0.6. In Odogwu v Odogwu (1992) 2 NWLR (Pt. 225) 559 where it was held that: “if the parents are separated, and the child is of tender age, it is presumed that the child will be happier with the mother and no order will be made against this presumptions
unless it is abundantly clear the contrary is the situation e.g. immorality of the mother, infectious disease in the mother, insanity and cruelty to the child…”. 2.0.
FACTS
2.0.1. The Appellant filed a petition for divorce against the Respondent and one of the reliefs sort was for the custody of the child of the marriage, to wit; Elizabeth Oyeronke Alabi 2.0.2. The Respondent on receiving the petition filed a reply and crosspetition for divorce alleging adultery against the Appellant and cruelty against the Petitioner and their only child. 2.0.3. The lower court dismissed the Appellant's petition and granted the Respondent's cross-petition which became a subject of appeal. 3.0.
ISSUE
3.0.1. Whether the trial Court was right in granting the custody of the only child to the Respondent.
4.0. PRINCIPLE 4.0.1. Granting of custody is not a punitive measure so it must be granted in the interest of the child(ren).The provision of Section 71(1) (MCA ) puts this beyond doubt. 5.0.
VERDICT
5.0.1. The Court unanimously granted a joint custody of the only child of the marriage to both the Appellant and Respondent in varying degree. The Respondent was charged with the exercise of care and control while the Appellant takes care of the education of the child and that he should enjoy reasonable access to the child whenever he demands. 6.0.
CONCLUSION
6.0.1. The Court has discharged its duty in pursuance to Section 71(1) MCA by awarding joint custody in varying degree in the interest of the child.
August 2013 I PIVOT 36
August 2013 I PIVOT 37
Heralding the rights of women and children August 2013 I PIVOT 38
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