Pivot Newsletter 2nd edition

PIV T ...heralding family rights

DRAWING THE LINE BETWEEN FREE & QUALITATIVE EDUCATION Mr. Dayo Akinlaja, SAN

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ancial ing & Fin

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ACHIEVING THE MILLENNIUM DEVELOPMENT GOALS ON EDUCATION AND GENDER EQUALITY

Examining Elderly Care In Nigeria The Right of the

NIGERIAN GIRL-CHILD TO LIFE

Interview:

Mrs. Titilola Akinlawon, SAN an astute litigator and equality rights campaigner

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Women and Inheritance (Case review) Ibifubara Berenibara, Esq.

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Contents

Editorial Team

Editor-in-Chief Winnifred Olanipekun

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Associate Editors Keno Eden-Ettah Funsho Olorunfemi Temitope Olabimtan Ifeoluwagbeminiyi Ojediran

THE MILLENNIUM DEVELOPMENT GOALS ON EDUCATION AND GENDER EQUALITY

Editorial Assistant Violet Akibor

Guidelines for Contributors PIVOT newsletter is a quarterly publication that delivers a focused perspective on family rights 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

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INTERVIEW MRS. TITILOLA AKINLAWON, SAN

CYPRIAN PETER OBUSEZ & ANOTHER v MRS. SYLVIA TECKIA OBUSEZ & ANOTHER (2007) 10 NWLR (PT. 1043) 430

Each write-up should be approximately 1500 words. 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.

Publication of submitted write-ups will be subject to the scrutiny and approval of the newsletter’s Editorial Advisory Board.

Editorial Advisory Board Mr. Femi Falana, SAN (Chairman) Mr. Mike Igbokwe, SAN Mr. Obi Okwusogu, SAN, FCIArb Mrs. Toyin Adegoke Mrs. Yinka Fasakin-Odukoya Dr. Nwudego Chinwuba Dr. Oladapo Olanipekun

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GROWING GREY AND STRONG

EVOLVING A ROBUST LEGAL FRAMEWORK FOR ELDERLY CARE AND PROTECTION IN NIGERIA

RIGHT TO EDUCATION: DRAWING THE LINE BETWEEN FREE AND QUALITATIVE EDUCATION

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NEWS AND DEVELOPMENTS ON HUMAN RIGHTS FULL PAGE HALF PAGE QUARTER PAGE

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THE RIGHT OF THE NIGERIAN GIRL-CHILD TO LIFE

N75, 000.00 N50, 000.00 N25, 000.00

*All adverts are in coloured printing Pivot

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EDITORIAL NOTE

An exciting journey so far.

Hello and welcome to the second edition of our newsletter! We are thankful to be back with more thought-provoking articles, informative reports and a very intuitive interview for our prized readers. Our maiden edition was received with fine reviews from all and sundry. This has been very encouraging and heart-warming for the editorial team. It has been an exciting journey so far.

In case you missed our first publication, permit me to give you a little hint on what PIVOT Newsletter is about: this is a quarterly publication that centers on family rights. Our aim is to create awareness for the protection and promotion of these rights.

Though the family is the smallest unit of the society, it is arguably the most important. It is our firm belief that every family, regardless of race, financial status or religious belief, has a right to live a dignified, happy and fulfilling life.

This publication, which features articles, cases reviews and opinions from well-seasoned professionals and intellectuals, is also conceived as a mentoring platform for young and would-be lawyers.

Featuring in this edition is an interview with the vibrant Mrs. Titilola Akinlawon, SAN, without a doubt a very dynamic advocate as well as a committed promoter of the rights of women and children. She is well respected in the legal profession. In her interview with PIVOT, she shares her experience/ journey in her rise to the acme of her career, her thoughts on the Marriage Act as it affects women and a word of advice for young and aspiring lawyers, amongst other things. This interview is undoubtedly very rich in depth and inspiring.

We have four write-ups: The first is by Mr. Dayo Akinlaja, a Senior Advocate of Nigeria and former Attorney General of Ekiti State. He gives us an in

depth analysis on the difference/desirability between qualitative and free education in Nigeria. The second write-up is by Dr. Emeka Amechi, a post doctoral fellow of the University of South Africa, who writes about the importance of a healthy environment for women and children in relation to achieving the Millennium Development Goals (MDG). The third write-up is by Chinedu Ihenetu-Geoffery, Esq., an Associate in the law firm of Olaniwun Ajayi LP. Chinedu talks about the relegated issue of elderly care in Nigeria. Also featuring in this edition is a Student Input by Olusegun Mabawonku, a third year law student of the Lagos State University. He writes in detail about the right of the Nigerian child to life.

Our case review by Ibifubara Berenibara, Esq., a Senior Associate in the law firm of AELEX, is an analysis of the Supreme Court decision in Obusez v Obusez (2007) 10 NWLR (Pt. 1043) 430, where the court made far reaching pronouncements on the division of a deceased spouse’s property with respect to the Marriage Act and the Administration of Estate Law of Lagos State.

Finally, we bring you highlights on the news and developments on human rights from all over the world.

Happy reading!

Winnifred Oyindamola Olanipekun

For advert placements, questions, comments, enquires, or to send your articles, email us at info@aucourantlegal.com and pivotnewsletter@yahoo.com or call 234 (1) 3428150, +2347062320392 For more information, visit www.aucourantlegal.com

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*MRS. TITILOLA AKINLAWON, SAN Mrs. Titi Akinlawon is a Partner in the law firm of Akinlawon & Ajomo, a highly prized legal practitioner, a campaigner of women’s rights, a dutiful wife and a devout Christian.

In this rousing interview she shares with us her experience on her rise to the top, the typical challenges of the female legal practitioner, issues of gender inequality at the workplace, her thoughts on the standard of education in the country, her professional role models amongst others.

You have been in the Legal Profession for over 30 years, what has been your experience and driving force so far?

I was called to the Bar on the 11th of July 1981 so come July, 2014 it will be 33 years of advocacy for me. It has been a roller coaster of sorts. Well, I must say it has been a wonderful experience. I wonder how quickly time has elapsed. I started out as a pupil counsel in the law firm of Wole Olanipekun & Co at Ilorin during my NYSC. At the same time I was a Lecturer in Law at the Kwara State College of Technology, Ilorin. It was an exciting time because I had the opportunity of handling simple Criminal trials and in the process secured acquittals for some accused persons.

I also travelled to a lot of places outside Ilorin to handle cases including Offa, Jebba and New Bussa in the then Borgu Local Government.

Upon the conclusion of my NYSC programme in July 1982, I came back to Lagos and I immediately joined the Law Firm of M.I. Jegede & Co. as an Associate. I worked with very serious and dedicated advocates including Kola Awodein (SAN), Prof Taiwo Osipitan (SAN) and Ibukun Ajomo, Esq. This deepened my love for advocacy. In those days, it was a regular occurrence at closing time around 7p.m, for Kola to raise “a fine point of law” arising from arguments in Court that morning. Of course within a twinkle of an eye, books would start flying off the shelves and serious arguments would commence. On such occasions, time just was not important. I reckon we only dispersed

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when hunger pangs set in. Those were really very good days of serious advocacy. I simply love advocacy and I had very good foundation. This does not mean that there were no challenges even at that time. The passion that one had and still has made those challenges pale into nothingness.

present his clients case.

Given your experience, are you of the opinion that legal practice in Nigeria, particularly litigation, is unsuitable for women?

I really would not say that litigation is unsuitable for women in legal practice here in Nigeria. I would

I became a partner and in fact rather say that it is quite challenging, the Managing Partner in M.I. Jegede just like any other profession. It & Co. before I disengaged in March is tough for a woman to combine 2001. On 2nd April 2001, the law firm the arduous task of litigation with of Akinlawon & Ajomo commenced maintaining a home, taking care of business and to the glory of God it’s her children and husband. It is even growing and making an impact in legal worse when the woman has her own circles. firm. To source for briefs is even more difficult because while her male

I was elevated to the Inner colleagues would pursue their Clients Bar on 26th August, 2011, even though to clubs in the evenings, the woman my preferment was backdated to 2010. is often obliged to race back to take My elevation came a few days after care of the home front. With such a celebrating my 30th year at the Bar. situation, it is not surprising that a lot of women who may start out in litigation drop off along the It is tough for a woman to combine the arduous way to engage in the more task of litigation with maintaining a home, taking sedate life of a Solicitor. A care of her children and husband. It is even worse lot more are now drifting to the Bench and Arbitration. when the woman has her own firm. To source

for briefs is even more difficult because while her male colleagues would pursue their Clients to clubs in the evenings, the woman is often obliged to race back to take care of the home front.

My driving force so far has been my passion for advocacy and the desire to help people particularly Women and Children.

A good day for me is a fantastic day of good advocacy in Court, in particular cross-examination of a witness or the making of powerful legal submissions. I really do enjoy advocacy.

I’m a committed Litigator. When I’m asked my area of specialization, I always insist its Litigation. A lawyer may be an expert in Oil and Gas or even Corporate Law but when it comes to going to Court to litigate on those areas of law, he would require the services of a litigator who understands practice and procedure as well as the psychology of the Court to be able to effectively

Today the bar is dominated by men while the bench is, arguably, dominated by women. Do you consider this as a fortuitous development or a natural consequence of the demands of both sides of the legal profession?

I honestly do not think that the Bench is now dominated by women.

Maybe in Lagos, but if we look at the total population of Hon. Judges in the Superior Courts, I don’t think women are dominating. I do appreciate that there are several women who are Chief Judges in some States as well as the Honourable Chief Justice of Nigeria, but I think on the average women may not be in the majority.

The above notwithstanding, I do concede that compared to when I started practice there are a lot more women on the Bench.

This I believe may not be unconnected with the tedious nature of litigation but I think the work of a Judge is more tedious than that of a litigator, if and when the job is done properly. The Judge would be expected to consider all pieces of evidence, including documents, read up all cases cited by all parties before coming to a conclusion. I think this is tougher than a clear track of presenting a Client’s case to the best of your ability without having to weigh it with another set of conflicting facts.

I believe more women are attracted to the Bench because they believe it is an easier option to the demands of legal practice. It is only when they assume the position that they realize that it is equally demanding.

As a committed campaigner of children’s rights, do you think the Nigerian government/society is doing enough to improve the well-being of the Nigerian child? What do you reckon is missing in

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our government policy and legislation vis-a-vis the promotion of child rights?

Honestly I think we all are guilty of failing to improve the well being of the Nigerian child. Apart from the Government which lacks the Will to enforce laws that protect the Child, we as a community share a collective guilt, we discourage infant hawkers from attending school by buying their wares and taking them on as housemaids.

One would have expected that with the Child Rights Law of Lagos State, no Child would be out of school or hawking, but what do we see? Many more Children are not in school and are hawking on the streets. These Children are exposed to various degrees of danger including kidnapping, sexual abuse and accidents. My heart bleeds when I see 6 or 7 year olds hawking groundnuts with a total value of less than N1, 000.00, exposed to the above stated dangers. I always ask myself whether the profit from the goods being hawked would be sufficient to take care of the Child’s medical needs in the event of an accident. Surely not, So why do parents keep exposing their beloved Children to danger?

To stem the tide of Child abuse, I think the Government must have the will to enforce the law and make a public example of culprits.

More importantly, the Government must come up with policies to introduce social welfare for Children in the lower age bracket as well as their parents. The poverty level of the majority of the people is what I consider the main reason for the violation of Children’s rights in Nigeria.

Education and strenuous public campaigns would also go a long way to promote the rights of Children.

We are certain that you feel the Marriage Act, 1914 and the Matrimonial Causes Act, 1970 ought to be amended in line with the current trends, can you please throw more light on this?

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The Marriage Act does not state a minimum age for Marriage. This is a grave lacuna.

Section 47 which makes it an offence for a person to contract a marriage under customary law, when already married under the Act should be amended. This is because the parties may desire after marrying under the Marriage Act to contract a customary marriage to fulfill the requirements of their culture.

if the parties are both desirous of ending the marriage rather than the petitioner having to prove one of the grounds of divorce as contained in Sections 15 and 16 of the Matrimonial Causes Act. Are you of the widely-held belief that the standard of education in the country is deteriorating?

The issue of Restitution of Conjugal rights as contained in Sections 47, 48, 49 and 50 are not practicable as parties should not be compelled to cohabit by the court.

I certainly belong to that school of thought that the standard of education is deteriorating in Nigeria and I honestly believe that the standard of education is at its lowest ebb.

To stem this tide, I think the first thing is for all of us to have a moral rebirth. We must reorder our priorities from making money at all cost to having honour, integrity and a good name. Mothers have completely abandoned their primary role as care givers to their Children at the expense of making money. In a situation where a mother, in an attempt to make money, leaves her child in the care of an illiterate housemaid from the village, what values can be imparted in such a child in terms of academics? The Child can only assume the mentality of the illiterate housemaid. Mothers of such Children would then resort to “sorting” their Children through Primary school to the University. It appears that the order of the day is for students to cheat at exams. Invigilators and even teachers who mark the scripts are all coconspirators simply because of money.

As long as students buy hand outs from University Lecturers they are given pass marks even if they do not write exams once the price is right.

Sections 11 to 14 of the Matrimonial Causes Act on reconciliation should be amended to make it mandatory that parties consult with professional marriage counselors.

The moral decadence and complete loss of honour is unimaginable. Every one of us must be committed to change and to stop worshipping at the altar of money.

Section 52 of the Matrimonial Causes Act dealing with Jactitation should be expanded to include situations where the parties have children between them.

Emphasis must be placed on nursery and primary levels of education.

The foundational levels are so important. All other levels of education would be able to rest easy once the foundation is in place.

Sections 39 and 46 of the Marriage Act prescribe punishments for any marriage contracted under the Act where one of the parties is already married to someone else. These Sections should be removed as an existing marriage is a bar to any subsequent marriage under the Marriage Act, so there is no need to have a penalty as such subsequent marriages are void.

Section 31 of the Matrimonial Causes Act which states that a petitioner can claim damages for Adultery from the person whom the spouse committed adultery with should be amended. This Section is not practicable and could encourage unnecessary litigation in dissolution proceedings. It also does not state whether such a third party can be absolved if he/she was not aware that the Respondent was married.

A petition for divorce should be granted

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I also believe that we should deemphasize paper qualifications at the expense of experience and exposure.

A girl child must be exposed, at an early age, to sex education so as to be able to ward off sexual advances by teachers and lecturers.

What are your thoughts on the standard of legal education in particular?

Certainly we cannot divorce legal education from the general malaise that has plagued our educational system.

I think the Law School has outlived its usefulness. The numbers of students are too many so it is very difficult for them to understand what they are being taught coupled with the lack of a proper foundation.

Furthermore some of their lecturers do not have the exposure to legal practice, so how can they impact practical knowledge to Law School Students? It is trite that you cannot give what you do not have.

I think if Law graduates are allowed to article themselves to Law Firms for nine months which would enable them learn at the feet of the masters then maybe attend the Law School for may be two-three months and then write the Bar Exam, we just might be able to produce better lawyers.

English Language is the greatest tool of a lawyer so more emphasis should be placed on this. If possible a remedial class in English should be added to the course system for law undergraduates.

Again maybe if Law is made a post graduate course we just may be able to produce matured and better Lawyers.

A situation where 18 and 19 year olds are called to the Bar is quite ridiculous.

Certainly they would not have the maturity required of a lawyer.

What do you think can be done to utterly stamp out gender inequality/ discrimination against women in the work place?

Can we really stamp out gender inequality? I do not think so.

God who made man and woman created them differently. I think once they are different they cannot be equal. Naturally, man and woman have different roles to play in the work environment because a woman, who as a matter of her physiological make up must take time off work, and thereby lose ground to the male counterpart.

This would bring about the inequality.

On the issue of discrimination women folk have come far. Basically discrimination against women is cultural and as time goes on the culture would continue to change as its now changing.

Indeed women have come far even though we still have far more to go. With tenacity of purpose all remaining areas of discrimination against women would fizzle out with time.

It is trite to state that there is undue delay in the administration of justice in Nigeria, what do you see as the solution?

There are several solutions that can be proffered for quick dispensation of justice.

The first being that the Court System should be upgraded with better

quality infrastructure like verbatim recording and high powered alternative power supply – Hardworking, diligent, very learned and upright Judges are equally a must.

In other climes, the best in the legal profession are appointed to

the bench but that is not the situation in Nigeria. I think it is only in Nigeria that “I know people” apply to become Judges. The norm is that a person should be invited to be appointed to the bench as a result of a track record of hard work, intellect and integrity.

A Judge must be courageous to take a stand on the side of justice irrespective of the calibre of the parties.

Filing of useless cases in Court should

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be discouraged by the award of costs relative to the value of the time wasted.

This would reduce the work load of Judges.

Instead of using serving Judges for Tribunals, Retired Judges and Senior Legal Practitioners should be deployed.

This would stop the time wasted in Court when serving Judges go to Election Tribunals for example.

should have its own appellate Courts, this delay would be greatly minimized if not completely eliminated.

What solutions would you proffer to the humanitarian crises that are rampant in Northern Nigeria and other African countries such as Central African Republic and Mali?

The major problem in these areas is poverty. When people are not educated and jobless they cannot but get into this kind of menace.

Lawyers should be more committed as a matter of honour to strive to settle matters out of Court. Those that are

Education is key. Equally a recalcitrant should be made to pay viable means of livelihood would go a substantial costs from their pockets. The long way to help the young energetic Supreme Court would only award N50, but unemployed men involved in the 000.00 Costs in respect of a land dispute crisis. that would have taken 15 years. Of course in such situation lawyers would continue to urge their clients to One would have expected that with the Child take useless cases to Court.

ADR efforts should also be intensified.

Rights Law of Lagos State, no Child would be out of school or hawking, but what do we see?

Many more Children are not in school and are hawking on the streets. These Children are exposed to various degrees of danger including kidnapping, sexual abuse and accidents

Most importantly, I believe that there should be parallel Appeal and Supreme Courts at the State levels; so that all matters stop at the Supreme Court of the State.

Only cases relating to interpretation of the constitution and maybe Human Rights cases should go to the Federal Court of Appeal and then Supreme Court as the last Court.

A situation where there are now Courts of Appeal in virtually every State of the Federation and appeals from the various Courts of Appeal go to the Supreme Court, there cannot but be delay in the administration of justice.

As of today, the Supreme Court is still on 2004 appeals i.e. appeals entered in 2004 are being taken in 2014; it therefore means 10 years waiting period. Maybe in 2 years time, the waiting period might have extended to 15 years with the expanded Court of Appeal.

I therefore believe that if each State

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It is so sad that the case in Nigeria is getting out of hand. Even in a war situation children and women are spared. Where school Children are now the targets. How can one explain the abduction of girls from their respective schools or the massacre of school boys in their sleep? Once we do not allow the Rule of Law to take its pride of place chaos, rancor and anarchy are the natural consequences. This is the situation in Central Africa Republic, Mali and even Somalia. The scenario in the above stated African Countries are pointers to us in Nigeria that we all must arise and ensure that Rule of Law is enthroned so as to avoid the chaos and anarchy being presently experienced in those countries. It is so barbaric and demonic. God would help and protect our Children.

Can you please share your thoughts on the National Conference?

I think the National Conference is a good idea but the unfortunate situation is that each person has his own personal agenda. Just like the larger society, there is no cohesion.

It would be good for the Confab to consider the very nature of our federalism. What we presently operate is a hybrid of a Unitary and a Federal System. This would always create conflict just as we are experiencing between the River State Government and the National Judicial Council.

I don’t believe that the breakup of Nigeria would solve any problem.

In actual fact that would most certainly create many more problems. The creation of Southern Sudan has led to more conflict in Sudan. Look at the Russian Federation. The breakup has created more problems.

I think if less power is given to the Center by the other Federating Units, then a lot can be achieved.

To me the problem in Nigeria is corruption. If corruption can be adequately dealt with, Nigeria would move in leaps and bounds. I believe this can be addressed by changing the burden of proof in corruption cases.

It should no longer be proof beyond reasonable doubt by the prosecution.

Anyone whose expenditure outweighs his income should be considered corrupt. The burden should now be on the accused person to prove the source of his income and that he’s not corrupt.

This way it would be easier to deal with and convict people for corruption and recover such assets acquired by proceeds of corruption.

Another key issue which I believe should be considered is that of State of Origin and Residency.

The issue of State of Origin should be abolished and reliance placed on residency. Where one lives and pays tax should be sufficient to entitle a person

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to all the perquisites of a native born citizen of that area. This would also help cohesion in the country.

I do hope that by the time the National Conference would be over the members would have fashioned the basis for a new constitution which should deal primarily with the issue of devolution of powers to reflect true federalism.

Have you been ever faced with a matter that was in conflict with your belief? If yes, how did you deal with it?

Oh yes, I have had to deal with such conflict a couple of times. The option was very simple. It was either to stick to my belief or jettison my belief because of money that I would make from the brief.

Anyway, my belief has always and would continue to carry the day.

I am not a slave to money, so I would never sacrifice my belief for money.

My implicit faith in God that He would fulfil His promise that He would supply all my needs, makes it very easy for me to turn my back to money in such situations. So really it is about my faith as a most beloved child of God Almighty.

What aspect(s) of law practice do you believe is most suitable for the female lawyer?

Honestly, I do not share the view that there is a most suitable aspect of practice for female lawyers. It should be the choice of every person to find the area most suitable.

I think the important thing is where one’s passion lies. My passion lies in advocacy and helping women and children but I still handle more complicated land and Chieftaincy matters. I therefore believe that it is the area one is passionate about which should determine the area one should take to.

What advice would you give young female lawyers as they juggle rising

in their career/practice alongside marriage and motherhood?

My advice to young female lawyers as they juggle rising in their career/practice alongside marriage and motherhood is simply to hang on in there and continue to keep their dream alive. There is no gainsaying that it is tough, oh indeed very tough, but if one is disciplined, focused and hardworking success is just around the corner. I am not a feminist and I do not believe that I should wear the trousers at home, so I enjoy a most tremendous support from my husband of over 27 years.

Honestly, it might be a bit difficult for wives like me who are successful in their careers to be submissive to their husbands, but with the grace of God and right attitude (that you are only a help mate as ordained

by God) the home front would be secure. When one has peace at home then attaining success in the career is assured. It may take longer because as a matter of necessity, she must take time off from time to time, but success would surely come. The important thing is “don’t give up no matter how difficult the path may be”. Always remember that there is always light at the end of the darkest tunnel. The Children would soon grow up and leave you and your husband so hang on and then have all the time in the world to concentrate on your career.

Who is your professional role-model and why?

My professional role-model is Late Chief Abayomi Sogbesan (SAN). He was soft spoken, highly intelligent, very articulate yet kind and most considerate to opposing counsel. I admire his style of advocacy and I tried to imbibe that. He was a gentleman per excellence. He would not play a fast one on you or rely on a cheap technicality to defeat a case.

Lately, I found what I desire to be when I get into my 80’s in Chief Folake Solanke (SAN). Whao! a lady of the finest breed. Don’t you just love her carriage, dressing and “properness”

for want of a better description? She is an epitome of discipline, grace and intellect. Equally a lady of many firsts.

Finally, what advice do you have for young and aspiring lawyers?

To young aspiring lawyers, my advice is that don’t limit yourself.

Work hard, be disciplined, be noted for honour and integrity. Have a good mentor whom you would emulate and go to from time to time for advice. Be open to learning and read legal issues since no knowledge is ever wasted.

You must learn to crawl before you can walk not to talk of running. You would accomplish success with determination and tenacity of purpose. Don’t dwell on “short cuts”. Go through the straight road. It would certainly be longer but at the end of the day it would be faster than a short cut. A short cut would always bring you back to your starting point.

*This interview was conducted electronically in April 2014

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RIGHT TO EDUCATION:

DRAWING THE LINE BETWEEN FREE AND QUALITATIVE EDUCATION

Mr. Dayo Akinlaja, SAN*

which a human group transmits to its descendants a body of knowledge and skill and a moral code which enables the group to subsist.2 In the words of the Decors Commission (UNESCO 1996), “ Education is at the heart of both personal and community development, its mission is to enable each of us, without exception, to develop all our talents to the full and to realize our creative potential, including responsibility for our own lives and achievement of personal aims.” 3

An apt departure point is to attempt definitions of the key words in the above topic. “Right” is legal, social or ethical principles of freedom or entitlement; that is, right is the fundamental normative rule about what is allowed of people or owed to people, according to some legal system, social convention or ethical theory.1 “Free Education” refers to education that is funded through taxation or charitable organizations rather than tuition fees while “Qualitative Education” refers to that which enables people to develop all of their attributes and skills to achieve their potentials as human beings and members of the society.

Education is about the most important thing in life. It makes sense, it effects on the mind and changes character.

In compendium, it is all activities by

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Against the backdrop of the pivotal importance of education, the right to education is a desideratum in any human society. Put differently, it is a right that should be accorded to all human beings solely by reason of being human. There are a number of international human rights’ instruments that accentuate right to education as a fundamental human right. These include the Universal Declaration of Human Rights 1948; the International Covenant on Economic and Social and Cultural Rights 1966 and African Charter on Human and Peoples’ Rights 1981.

In the 1999 Constitution of the Federal Republic of Nigeria (as amended), a deserving pride of place is given to education as part of the myriad of issues under the spectrum of fundamental objectives and directive principles of State policy. By Section 18 of the Constitution, it is provided as follows: “1. Government shall direct its

policy towards ensuring that there are equal and adequate education opportunities at all levels.

2. Government shall strive to eradicate illiteracy; and to this end Government shall as and when practicable providea. free, compulsory and universal primary education; b. free secondary education; c. free university education; and d. free adult literacy programme.”

Although the above provisions are commendable in a way, it is pertinent to note that they come short of conferring enforceable right on the citizenry just as other provisions under Chapter Two of the Constitution. This position, instructively, has been given judicial imprimatur by the Court of Appeal while interpreting Chapter Two of the 1979 (which were in ipsissimar verba with the provisions of Chapter Two of the extant Constitution) in the case of ARCHBISHOP OLUBUNMI OKOGIE v. LAGOS STATE 3a in the following words: “The Fundamental Objectives identify the ultimate objectives of the nation and the Directive Principles lay down the policies which are expected to be pursued in the efforts of the nation to realize the national ideals. While section 13 of the Con-

stitution makes it a duty and responsibility of the judiciary among other organs of government, to conform to and apply the provisions of chapter II, Section 6(6)(c) of the same Constitution makes it clear that no court has jurisdiction to pronounce any decision as to whether any organ of government has acted or is acting in conformity with the Fundamental Objectives and Directive Principles of State Policy. It is clear therefore that Section 13 has not made Chapter II of the Constitution justiciable.”

What is perhaps of importance to this paper is that the Nigeria nation has evinced a desire to bring about free education at some levels subject to practicability. Remarkably too, there have been past and present efforts to give vent to the actualization of free education at some levels. In our recent history, free education was one of the cardinal programmes of the Unity Party of Nigeria which was one of the leading political parties of the second republic.

That programme has over the years been largely viewed as laudable with the effect that so many administrations have since either keyed into it or been mouthing it.

However, the critics of free education have premised their opposition to free education on the misfortune that befell the lot of education in the Country in the wake of the introduction of free education during the second republic.

The alleged decline in oil revenue in the early eighties and the resultant structural adjustment programme, led to drastic reduction in spending on education.

Consequently, there was a spate of unpaid teachers’ salaries, degradation of educational facilities at all levels and recurrent strikes in schools.

Unfortunately, the fortunes of education ever since have been anything but better. Indubitably, we are at present caught more than ever before in the gridlock of strikes in our schools.

Generally, there are lots of challenges facing Nigeria in the area of education.

The first and perhaps the greatest challenge here is that occasioned by inadequate funding by the Federal,

State and Local Governments. In 2012, the World Bank reported that Nigeria allocated 8.4% of its annual expenditure to education while Ghana had 31.0% allocated for education.4 Secondly, the problem of access which has attracted a lot of attention particularly in recent years. Studies have been conducted on the reasons why people do not go to school, the people that are usually excluded and the impact of the introduction of user fees. A study conducted by Action Aid published in 2003 showed that the reason why pupils do not go to primary schools include costs of schooling, opportunity costs, illness and hunger, limited economic costs of education and low quality of schooling. 5 It has been documented that categories of children who tend to be excluded from the formal schooling system are children from poorest families, the landless, working children etc. This is in sync with researches that have shown that whenever user fees are introduced in the provision of social services, the utilization by the rich increases while utilization by the poor decreases.6 A third challenge is with the problem of poor infrastructure and lack of teaching and learning materials. A huge number of government-owned primary, secondary and tertiary schools’ buildings and facilities are dilapidated and unsuitable as against what most times obtain in their private-owned counterparts. The environment of teaching and learning is not always conducive. It is not rare to see cases of 100 pupils per teacher or students sitting under trees in the open for reasons of dearth of classrooms.

Of course, there are so many other challenges besetting education in our land. Not the least of them is the problem of irrelevant curriculum.

For instance, it is unsettling that 54 years after independence, children are still being taught that Mungo Park discovered River Niger. He may have discovered it for Europeans but certainly that could not have been the case for the natives who were fishing and collecting water from River Niger

before Mungo Park came to Nigeria.7 Significantly, it cannot be gainsaid that the avalanche of challenges buffeting our education sector are much pronounced in the public sector. The pervading view, which is certainly not far-fetched, is that this is so because of the free or near free nature of the education in the public sector. Without doubt, this situation is not in the least healthy for our growth and development as a nation.

Education is absolutely not worthwhile if it is bereft of quality. It is a truism that what is worth doing at all is worth doing well. Therefore, if we must talk of right to education, it must be qualitative education. Howbeit, education can be free yet qualitative provided there is the right commitment on the part of the provider(s). Bearing in mind the level of poverty in our system, it is bound to be insensate for anyone to advocate the scrapping of free education. What can be justifiably done is for one to call on government at all levels to do whatever would be needful to ensure free and qualitative education for at least the hoi polloi.

Without doubt, right to education is of monumental importance in Nigeria just like in any other Country of the world.

It is, however, noteworthy that right to education would only be momentous where it is coupled with the caveat of quality. In other words, as we stridently clamour for right to education, we must consistently add the rider that it must be qualitative to be meaningful. Nothing short of this should be brooked.

References: 1.

Stanford Encyclopedia of Philosophy, Stanford

University, July 9, 2007.

2.

Deiter B.K. The Protection of the Right to

Education by International Law.The Hague. 2005, p.19.

3. www.wikipedia.com 3a.

(1981) 2 NCLR 337 at 350.

4.

Emeka Nzeh, Impact of Government’s Budgetary

Allocation & Policies on Nigerian Educational

System. Feb. 8, 2013.

5.

Action Aid, Global Education Review, London,

International Educational Unit.

6. Ibid.

7.

Otive Igbubor, The State of Education in Nigeria, 2006.

*Mr. Akinlaja, SAN is a former Attorney-General of Ekiti State and Principal Partner in the law firm of Dayo Akinlaja & Co.

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ACHIEVING THE MILLENNIUM DEVELOPMENT GOALS ON EDUCATION AND GENDER EQUALITY: WHY A HEALTHY ENVIRONMENT MATTERS TO WOMEN AND CHILDREN

Emeka P. Amechi, PhD* e.amechi@gmail.com

The face of poverty in Nigeria is mostly exemplified by women and children. Poverty is multidimensional and goes beyond the lack of financial and material resources to include as described by Amartya Sen, a lack of capabilities that enable a person to live a life he or she values, encompassing such domains as access to income, health services, education, empowerment, social inclusion and human rights.1 Given the multidimensionality of poverty, it has been recognised that one of the major routes for tackling poverty is through the promotion of education especially for children and women. Hence, the United Nations (UN) targets of ensuring that children complete a full course of primary schooling by 2015 (MDG 2); and eliminating gender disparity in primary and secondary education, preferably by 2005, and in all levels of education no later than 2015 (MDG 3).

However, the promotion of education to a certain extent is dependent on the conservation of the environment and the realisation of the right to a healthy environment.2 Evidence has shown that in circumstances where this right has been infringed by the polluting and other environmentally degrading activities of multinational companies and other private individuals, or by the exclusion of people from

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accessing natural resources within their communities albeit in a sustainable manner, that the ability of the affected host communities to send or retain their children in school is seriously affected.3

The predominant thinking is that unlike boys who are usually regarded as the future of the family, girls will get married when they reach adulthood, and therefore, the benefits of their education will accrue mostly to their future husbands.

This is due to the fact that poor urban and rural Nigerian households rely heavily on environmental products and services as a source of wealth from which to generate income and improve their livelihoods. Hence, for most of Nigerian states where there is no free primary, secondary and tertiary education, or available scholarships or stipends, the additional income generated from environmental assets is important for the education of their children. Therefore, if this income source is threatened by environmental degradation, their capacity to send to or retain their children especially girls in school will be seriously diminished.4

It should be noted that in many poor households in Nigeria, girls’ education is regarded as a luxury to be encouraged only when there is additional income.

The predominant thinking is that unlike boys who are usually regarded as the future of the family, girls will get married when they reach adulthood, and therefore, the benefits of their education will accrue mostly to their future husbands. Given this predominant thinking, when the income level decreases as a result of environmental degradation, girls have the fewest education options as they are forced to drop out of school or are not enrolled entirely.5

Furthermore, in most Nigerian households, the burden of household duties such as cooking, fetching water, and gathering of wood, falls disproportionately on women and children especially female children. In addition, women and children are in charge of many agricultural activities like cultivating, sowing, and weeding of farmlands, and gathering of nontimber forest products (NTFPs) such as edible foods for the family’s nutritional needs, medicinal plants for ailments, and fodder for family livestocks.6 The ability or capacity of women and children in performing these

household functions is usually affected adversely in instances of environmental degradation as they are forced to travel longer distances and spent more time in activities like collection of water and NTFPs. Precious time lost that would have been used in performing other household duties, and which in turn, impacts on the amount of time available for schooling and indulging in other livelihood improvement and incomegeneration activities. As aptly observed

by Pisupati and Warner, ‘…[the] conservation of water resources and associated biodiversity can substantially reduce the burden on women and girl child to focus attention on education and livelihood improvement activities as well as providing some sources of income through NTFP production and natural resource management, including growing of fodder or fuel wood resources.

um Development Goals’ Press Release UNEP/265, 18/02/2005. Available at http://www.un.org/ News/docs / 2005/unep265.doc.htm.

3 See Human Rights Watch, The Price of Oil: Corporate Responsibility and Human Rights Violations in Nigeria’s Oil Producing Communities (January 1999); and Dilys Roe, ‘The Millennium Development Goals and natural resource management: reconciling sustainable livelihoods and resource conservation or fuelling a divide?’ in David Satterthwaite (ed), The Millennium Development Goals and Local Processes: Hitting the Target or Missing the Point? (IIED, 2003) 55 at 61.

4 Bakary Kante, ‘The Environment, the wealth of the poor?’ Poverty & Environment Times No. 2, March 2004; and Sue Mainka, Jeff McNeely & Bill Jackson, Depend on Nature: Ecosystem Services supporting Human Livelihoods (IUCN, 2005) 13.

5 See Irene Dankelman, ‘No hope without gender equality’ (2005) 4 Poverty & Environment Times at 14-15.

6 United Nations Environment Programme (UNEP), Women and the Environment (Division of Environmental Policy Development and Law, 2004) 32-35.

7 Balakrishna Pisupati & Emilie Warner, Biodiversity & the Millennium Development Goals (IUCN, 2003) 11.

(Endnotes) 1 Amartya Sen, Development as Freedom (Knopf, New York, 1999) 87-98. For similar description of poverty, see United Nations Development Programme (UNDP), Human Development Report: Human Development to Eradicate Poverty (UNDP, 1997) 15-16.

*Dr. Amechi is an environmental and sustainable development consultant, a lecturer with the Dept of Private and Property Law, University of Lagos and a post-doctoral fellow at the University of South Africa.

2 See Dr Claude Martin ‘Protecting the Environment: Thread That Runs through Millenni-

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Case Review

Cyprian Peter Obusez & Another v Mrs. Sylvia Teckia Obusez & Another (2007) 10 NWLR (Pt. 1043) 430 Ibifubara Berenibara, Esq.*

Introduction

Gluttonous or inconsiderate relatives of deceased husbands sometimes treat surviving widows as disposable or dispensable assets, as if, the surviving widows by the reason of their husbands’ death do not possess the right of succession or administration of the deceased husbands’ estate.

The vile treatment meted on widows is prominent in marriages that are contracted under Islamic Law or Customary Law. However, in marriages contracted under the Marriage Act, there is a glimmer of hope and some level of protection for seeming unprotected or defenceless widows.

Questions as to which law governs the right to succession and administration of an intestate’s estate; and who has the right to inherit under such circumstances, even for marriages contracted under the Marriage Act, came to the fore and was determined with finality by the Supreme Court in the case of Cyprian Peter Obusez & Another v Mrs. Sylvia Teckia Obusez & Another (2007) 10 NWLR (Pt. 1043) 430 (Obusez v. Obusez).

Facts of Obusez v. Obusez On 8 July 1972, Mr. Cornelius Obusez (the deceased) from Ute Ukpo, near Agbor Delta State, contracted a marriage under the Marriage Act with the 1st Respondent of Koko, Delta State; and they had five children under the marriage. The deceased in his lifetime was faithful to Agbor native law and custom. During the subsistence of the marriage, the deceased took out a Life Insurance Policy in 1977, and named his twin brother (the 1st Appellant) and his two children as the

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beneficiaries and excluded his wife.

He died intestate on 29 May 1988, and was buried in the personal house of his twin brother (the 1st Appellant).

The wife was sued for complicity in her husband’s death but was acquitted.

The widow (1st Respondent) applied for Letters of Administration in solemn form to be administered jointly with the 2nd Respondent, Ademola Giwa (a lawyer and friend to the deceased), as all the children were minors. But the deceased’s brothers challenged the widow’s application on the ground that by reason of Agbor native law and custom, the widow is not entitled to be an administrator of her late husband’s estate.

The widow instituted an action at the High Court of Lagos State and sought for a declaration that she and her five children are the only persons entitled to the estate of the deceased; and an order that grant of Letters of Administration in solemn form for the administration of the said estate be issued to her and Ademola Giwa (a lawyer and friend to the deceased).

The 1st Appellant counterclaimed and sought declaration that he and his other brothers were the only persons entitled to administer the estate of the deceased; and for an order that a grant of Letters of administration in solemn form for

the administration of the said estate be issued to him and his brothers.

Issues For Determination The underlining issue is whether in view of the deceased’s faithfulness to Agbor native law and custom, the deceased’s widow will be entitled to administer his estate despite the marriage of the couple contracted under the Marriage Act, and by reason of the provisions of section 49 (5) of the Administration of Estates Law, Laws of Lagos State. The Appellants however raised the following issues which formed the basis of the Supreme Court’s decision: a.

Whether section 36 (1) (2), (3) of the Marriage Act, and section 49 (5) of the Administration of Estates Law, Laws of Lagos State which both confer a right on surviving spouse married under the Marriage Act, to one third of the estate of the spouse who died intestate as in this case are concurrent statutory provisions on incidence of non Customary or Islamic Marriage. b.

If yes, whether section 36 (1), (2) and (3) of the Marriage Act falls

within items 60 and 67 of the Exclusive Legislative List under the Constitution of the Federal Republic of Nigeria, 1979 as to render a similar provision under section 49 (5) of the Administration of Estates Law, Laws of Lagos State inconsistent with the Marriage Act as impliedly repealed, and therefore null and void by virtue of sections 4 (3) and (5) of the Constitution. c.

Whether the judgment of the lower court which affirmed exclusion of appellants as persons entitled to administer the estate of the deceased Cornelius Obusez occasioned a miscarriage of justice.

The Findings of the Courts The High Court of Lagos State held that: “Under Nigerian Law of succession touching on succession to the estate of Nigerians who contract marriages under the Marriage Act, the plaintiff and her children are the only persons entitled to the estate of their husband and father.

The 1st plaintiff is certainly not a chattel under the law”.

The trial judge based its decision on section 49 (5) of the Administration of Estate Law of Lagos State, Cap. 2 (which is now Cap. A3, Laws of Lagos State 2003), which provides that: “Where any person who is subject to customary law contracts a marriage in accordance with the provisions of the Marriage Act and such person dies intestate after the commencement of this Law leaving a widow or husband or any issue of such marriage, any property of which the intestate might have disposed by will shall be distributed in accordance with the provisions of this law, any customary law to the contrary notwithstanding”.

This provision is synonymous with, and a domestication of the provision of section 36(1) of the Marriage Act, Cap. 115, Laws of the Federation of Nigeria, 1958 which states that: “Where any person who is subject to customary law contracts a marriage in accordance with the provisions of this ordinance, and such person dies intestate, subsequently to the commencement of this Ordinance, leaving a widow or husband, or any

issue of such marriage; and also where any person who is the issue of such marriage as aforesaid dies intestate subsequently to the commencement of this Ordinance: the personal property of such intestate and also any real property of which the said intestate might have disposed by will, shall be distributed in accordance with the provisions of the laws of England relating to the distribution of the personal estate of the intestates, any customary law to the contrary notwithstanding.”

The 1st Appellant appealed to the Court of Appeal; the appeal was dismissed.

The Court of Appeal upheld the decision of the High Court and added (page 442 of the report): “It is not the law that the surviving widow of a deceased person is automatically entitled to the grant of letters of Administration in respect of the estate of the intestate. See Okon v.

Administrator-General, Cross River (1992) 6 NWLR (Pt. 248) 473. The court has a discretion in the matter.

It is a correct statement of law that a widow who has been guilty of moral misconduct may be passed over. A widow who since her husband’s death has led an immoral life may also be passed over”.

A further appeal by the deceased’s brother to the Supreme Court was also dismissed. The full panel of the Supreme Court unanimously refused to be dissuaded by the argument of the appellants which appeared to be diversionary from the real issue of succession and administration of an intestate’s estate pursuant to 49 (5) of the Administration of Estate Law of Lagos State.

The Supreme Court did not hesitate to conclude that being that the marriage was contracted under the Marriage Act, the deceased’s estate would not be administered and distributed in accordance with the Agbor Native law and Custom. The court’s decision is predicated on the fact that the couple contracted their marriage under the Marriage Act and as such the administration and distribution of the deceased’s estate fall within the ambit of section 49 (5) of the

Administration of Estates Law of Lagos State. The court emphasized that the fact that the deceased was buried in the personal residence of the 1st appellant and the life policy of the deceased excludes the wife as a beneficiary does not entitle the 1st Appellant as a beneficiary of the estate of the deceased.

In the same vein, the exclusion of the wife as a beneficiary in the Life Policy Insurance does not deprive her of the right to benefit under section 49 (5) of the Administration of Estates Law of Lagos State.

The Supreme Court upheld the concurrent findings of the High Court and Court of Appeal.

Conclusion The decision of the Supreme Court in its interpretation of section 49 (5) of the Administration of Estates Law is not only laudable, but has settled the issue of succession and administration of Nigerians who contract marriages under the Marriage Act. There is however a situation where the court may refuse to exercise its discretion to grant Letters of Administration in favour of a surviving spouse. This is as noted by the Court of Appeal while referring to the case of Okon v. Administrator-General, Cross River (supra). It then means that where the surviving spouse is complicit in the death of the intestate, is unfit or engages in some immoral activities to the detriment of the intestate, and the court finds against the surviving spouse, he or she could be denied the rights under section 49 (5) of the Administration of Estates Law of Lagos State. *Mr. Berenibara is a Senior Associate at the law firm of AELEX

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TURKEY: FIGHTING VIOLENCE AGAINST WOMEN MUST BECOME A TOP PRIORITY The Istanbul Convention, a landmark treaty of the Council of Europe dedicated to preventing and combating

violence against women and domestic violence, will enter into force. It could not come at a better time. Violence against women remains one of the most widespread human rights violations which take place every day in Europe; intimate partner violence is still among the major causes of non-accidental death, injury and disability for women.

This tragic situation stems from a variety of social, economic and cultural reasons, but a common background condition is glaring inequality between men and women. The Convention has the potential to become a powerful driver in making progress on this pressing human rights issue.

It is estimated that at least 12 women are killed by gender-related violence in Europe every day. In 2013, available statistics showed that domestic violence claimed the lives of 121 women in France, 134 in Italy, 37 in Portugal, 54 in Spain and 143 in the United Kingdom. In Azerbaijan 83 women were killed and 98 committed suicide following cases of domestic violence, while data collected by the media in Turkey reported that at least 214 women were killed by men last year, mainly because of domestic violence and often despite these women having asked the authorities for protection. Available data covering the first six months of 2014 in

many European countries continue to show such alarming figures.

A recent UN study indicates that lethal domestic violence accounts for almost 28% of all intentional homicides in Europe. Women are more likely than men to be killed by people close to them: while intimate partner or familyrelated violence is responsible for 18% of all male homicides, the number rises to 55% when it comes to women. These rates vary from country to country, but the phenomenon is present across Europe, with 89% of women killed being murdered by a partner or family member in Albania, 80% in Sweden and 74% in Finland. If we look at non-lethal domestic violence, the picture is equally grim: in Ukraine, for example, 160,000 cases of domestic violence were registered in 2013 and a survey showed that 68% of women suffered abuse in the family. In Ireland, in 2012 almost 15,000 cases of domestic violence were registered.

Violence against women is not limited to inter-partner and family relationships, a fact largely recognised by the Istanbul Convention, which also addresses forms of gender-based violence such as stalking, sexual harassment, sexual violence and rape. As shown by a representative survey published recently by the EU Fundamental Rights Agency (FRA), one in five women (22%) has experienced physical violence by someone other than their partner since the age of 15. As concerns stalking, which nowadays includes cyberstalking, in the EU-28, 18% of women have experienced stalking since the age of 15, and 5% of women have experienced it in the 12 months before the survey interview. This corresponds to about 9 million women in the EU-28 experiencing stalking within a period of 12 months. 45% of women in the EU have experienced sexual harassment at least once during their lifetime.

The entry into force of the Istanbul Convention is to be welcomed also because it will contribute to ending forced marriage, female genital mutilation, and forced abortion and sterilization. Europe is not immune to

these forms of violence: in its 2012 Resolution, the European Parliament estimates that around 500,000 women and girls live with female genital mutilation in the European Union while 180,000 others are at risk of being subjected to the practice every year.

However huge, these are only conservative numbers as women tend to underreport cases of violence, mainly because of little trust in law enforcement bodies. This is understandable as all too often state institutions have been unresponsive to those women who find the courage to report. As the case-law of the European Court of Human Rights shows, states not only often fail to protect them, but they also fall short of their obligations to duly investigate cases of genderbased violence, to offer effective remedies and to adopt adequate measures to prevent further violence.

An illustration of this failure is a recent case where the French state was ordered by a national court to pay compensation to the family of a young woman killed by her ex-partner because the “wrongful and repeated failure of the gendarmerie (constituted) gross negligence directly and unquestionably linked with the murder�.

This lack of sensitivity to victims among the police is illustrative of states’ neglect of women victims of violence. A recent analytical study carried out by the Council of Europe shows that, although initial vocational training on violence against women is provided to the police in 44 of its 47 member states, only 29 of them offer further specific training to their police officers. This lack of training may well be one of the reasons for the poor record of the police in many countries in dealing with victims of domestic violence. Reports show that in some cases police officers tried to persuade women not to file a complaint.

In other cases, their behaviour showed both contempt for human dignity and their own sense of impunity. A telling example is what happened in the United Kingdom, where two police officers offended in a vulgar manner a 19-year old woman who intended to lodge a complaint for domestic violence. The

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case prompted public outrage and political condemnation and the officers are currently under investigation. But the damage remains and an unfortunate signal has been sent to women by the police. Moreover, a report shows that the lack of police responsiveness to victims of domestic violence in the UK is far from being confined to this individual case.

This lack of responsiveness is further compounded by inadequate victim support. Places in women’s shelters are largely insufficient and the austerity measures adopted in many countries have further reduced them, thus increasing women’s vulnerability. In Sweden, statistics show that 60% of abused women are denied a place in shelters. In the UK, too, funding cuts risk exposing thousands of victims to new or repeated cases of violence.

Reduced resources also translate into more threats to the health of women who are victims of violence. As the World Health Organisation (WHO) warned, “violence has a range of adverse physical, including sexual and reproductive health, and mental health outcomes for women and girls”.

This evidence-based assessment led the WHO member states to adopt a resolution aimed at strengthening the response of health systems to violence against women last May. All this evidence points to the need for more resolute state action in combating violence against women and domestic violence from a victim’s perspective.

Responding to this need, the Istanbul Convention offers a holistic set of measures to take action where it is needed, and in this sense, it is truly unique. Specifically dedicated to several forms of violence against women, it is victim-centred and contains a comprehensive array of practical tools to help improve the response of all relevant actors. It clearly states that Parties have an obligation to prevent violence, protect victims and punish the perpetrators, and measures in these regards need to form part of a set of integrated policies. This is crucial, because we can hope to end

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violence against women only if gender stereotypes and roles are deconstructed, attitudes are changed, laws are amended, women are empowered and justice is within reach. Crucially, the Convention also establishes a specific monitoring mechanism in order to ensure the effective implementation of its provisions by the Parties.

To date, 13 Council of Europe member states have ratified the Istanbul Convention. In addition 23 indicated their political will by signing it, leaving 11 member states with no action on this at all. It is my hope that this important Convention will not only be ratified by all Council of Europe member states, but by many other countries around the world and by the EU. This will not increase women’s safety overnight, but it would definitely mark a turn in the right direction, giving a strong signal of commitment to millions of women.

Nils Muižnieks, Europe’s Commissioner for Human Rights, July 29, 2014 <http://humanrightscomment.org/2014/07/29/ fighting-violence-against-women-must-become-a-toppriority/?utm_source=rss&utm_medium=rss&utm_ campaign=fighting-violence-against-women-mustbecome-a-top-priority> Accessed July 30, 2014

HUMAN RIGHTS WATCH SAYS TORTURE OF PEOPLE IN CUSTODY REMAINS A SERIOUS PROBLEM IN BRAZIL Torture remains a serious problem in Brazil despite government efforts to

curb it, a leading human rights group said.

The New York-based Human Rights Watch said in an emailed statement that it found evidence showing that since 2010, security forces and

prison authorities practiced cruel and inhumane treatment against 64 people in their custody.

The group said more than 150 police officers and prison guards were involved in torture and cruel treatment inside detention centers, police stations and vehicles in the states of Sao Paulo, Rio de Janeiro, Bahia, Espirito Santo and Parana.

Ideli Salvatti, head of the government’s Human Rights Secretariat, welcomed the group’s observations.

“They helped to spotlight what we have been saying for years — that because of many factors like 300 years of slavery and several military dictatorships, torture has unfortunately become an acceptable and ingrained practice in our country,” Salvatti said by telephone She also praised the report for recognizing the 2013 law creating a National Mechanism to Prevent and Combat Torture.

Human Rights Watch said that the abuses often occur in the first 24 hours of police custody and that detainees typically must wait three or more months before they see a judge to whom they can directly report the abuse.

It urged the Senate to approve a measure that would ensure that suspects appear before a judge within 24 hours of their arrest to enable any victims of torture to report abuses when evidence of their mistreatment is still fresh. The law also would help prevent confessions obtained through torture from being used in court, it added.

The statement quotes Maria Laura Canineu, Brazil Human Rights Watch director, as saying: “As long as detainees wait months to see a judge, they’re far less likely to report what they’ve suffered — and by then, the physical evidence may well have disappeared.”

The group said official data suggest “impunity in cases of serious abuses by police and prison guards is the norm.”

Between January 2011 and July 2013, it said, Sao Paulo law enforcement officials received 122 complaints of torture, bodily injury, and ill-treatment, “none of which have resulted in sanctions against the police officers involved.”

Fox News. July 28, 2014

<http://www.foxnews.com/world/2014/07/28/humanrights-watch-says-torture-people-in-custody-remainsserious-problem-in/?> Accessed July 30, 2014

NIGERIA: OKEIODUMAKIN RAISES CONCERN OVER HEALTH OF CHIBOK MOTHERS Although the world wants to see to the release of the girls, human rights crusader, Dr. Josephine Okei-Odumakin

thinks it is time to take a look at the health of potential mothers in Chibok and other parts of the country that are security challenged.

Speaking during the July Quarterly Civil Society and Media Forum on Maternal Health Accountability hosted in Lagos by Development Communications Network (DEVCOMS), Okei-Odumakin, who was in a rather emotional mood not synonymous with her public personality during the interaction, was categorical in what the next line of action should be, as the world clamours for the release of the abducted Chibok girls.

She said, “Agreed, we all want the girls back. But we must also spare some thoughts for the mothers that may be pregnant but still resident in Chibok and other areas riddled with insurgency in northern Nigeria.” She is particularly concerned that hospitals have become no-go areas in the parts of Borno and other states in North Eastern Nigeria that have been under Boko Haram attacks for over two years now. “We must be worried about the fact that some of the girls may have become pregnant and some others who live in the area are also heavy, but may not be able to access any form of hospital because of the bad security situation that has been created by Boko

Haram.”It is a fact that some of them may come back with HIV, traumatised, and even pregnant. So, we need to create opportunity for them to be resettled back into the society, because some of them would be depressed for life if care is not taken,” OkeiOdumakin said.

Meanwhile, Okei-Odumakin who is Coordinator, Women Arise, said the organisation is planning a huge rally against terrorism in Nigeria, scheduled to hold in Abuja. Responding to Daily Independent, she said effort is being made to get the president to be at the event, during which she said she would be making a special appeal to him to ascent to the Health bill. “I am taking this as a battle cry. We are trying to get Mr. President to be at the March against terrorism, which we think is a challenge that all Nigerians must embrace. There, I will ensure that I make a very succinct case for him to sign the health bill.

“This is because there is evident reason for Nigeria’s health sector to be rescued.

A lot of issues could be solved in this regard if the health bill is passed into law, as a matter of utmost urgency,” Okei-Odumakin said.

Onche Odeh, Daily Independent, 23 July, 2014 <http://allafrica.com/stories/201407240842. html>Accessed July 24, 2014

AFRICA: USAID FACTS ON RESOURCES TO PREVENT CHILD, EARLY, FORCED MARRIAGE

U.S. Agency for International Development (USAID) Administrator Rajiv Shah announced over $4.8 million this year to fund programs in Bangladesh, Burkina Faso, Ethiopia,

India, Nepal, Tanzania, and Yemen to end child, early, and forced marriage.

Congressional leaders have also recognized the importance of these efforts, and USAID will work alongside lawmakers to increase the agency’s support next year to prevent child, early, and forced marriage. These efforts will also leverage $32 million as part of integrated USAID programs to address democracy and governance, early grade reading, and end child, early, and forced marriage.

The programs support implementation of Ending Child Marriage & Meeting the Needs of Married Children: The USAID Vision for Action to prevent and respond to child, early, and forced marriage in regions, countries, and communities where interventions are most needed and most likely to achieve results. By partnering with local institutions and community groups, USAID is supporting the voices of change agents at the national, local, and community levels seeking to change attitudes and motivations that perpetuate the practice of child, early, and forced marriage, which affects an estimated 10 million girls each year.

“We know the fight against child marriage is the fight against extreme poverty,” said Administrator Shah, “That’s why USAID has put women and girls at the center of our efforts to answer President Obama’s call to end extreme poverty in two generations. It’s a commitment that reflects a legacy of investment in girls--in their education, in their safety, in their health, and in their potential”.

The announcement builds on larger support for girls by USAID and the Department of State through an estimated $800 million in basic education; $164 million to combat gender-based violence; and $48 million to end human trafficking in this fiscal year.

USAID programs to end child, early, and forced marriage include: • In Bangladesh Protecting Human Rights aspires to reduce child, early, and forced marriage through enhancing advocacy initiatives for child

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marriage legislation and enforcement.

In addition, “Protecting Human Rights,” will aim to increase public awareness and buttress civil participation in shaping policy.

In Nepal Safe Schools aspires to reduce the prevalence of gender-based violence (GBV) toward children and adolescents in schools. The program plans to accomplish this through decreasing the acceptability of GBV amongst students, teachers, school administrators and parents while also implementing policies and tools that address and monitor GBV. The Yemen Early Marriage Project (YEMP) aims to foster a legal, social, and economic environment that discourages child, early, and forced marriage. YEMP seeks to achieve this through advocating for the passage of laws that address the cause of child, early, and forced marriage, while also increasing public awareness of the developmental, physical, and psychological dangers of this practice for girls.

• In Burkina Faso, Ethiopia and Tanzania USAID is supporting a study to assess the effectiveness of various approaches, including economic incentives, to prevent child, early, and forced marriage. Findings of the study that highlight the most effective interventions to prevent and respond to this practice will be shared with other regions impacted by the practice.

• In India the government began implementing a conditional cash transfer program in 1994, which provided families with a small payment upon the birth of a girl as well as a bond redeemable if the girl remained unmarried at the age of 18. A USAIDfunded evaluation will provide one of the first impact evaluations in this area to assess the effectiveness of the program in preventing child, early, and forced marriage.

United States department of State (Washington), July 22, 2014 < http://allafrica.com/stories/201407241490.html> Accessed July 24, 2014

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ZIMBABWE: SANITARY WEAR FOR WOMEN MORE THAN A RIGHTS ISSUE

Parliamentarians and policy-makers are faced with a huge task to meet the needs of every Zimbabwean from all walks of life.

Unfortunately, the country does not have adequate resources to spread across the country, hence some issues find themselves at the periphery of decision-makers’ priorities, focus and attention being given to issues of national interest such as economic recovery. Recently, legislators were faced with an equally grave issue sparking far and wide debate, that of womanhood and provision of sanitary products. At the pivot of the subject are economic issues around production capacity of local sanitary wear producing companies and the presence of foreign produced sanitary products whose standards are not known.

As the debate rages on, a Form 3 student from Highfields High school, in Harare, Esnath Marimuka, lives in fear.

To her, the menstural period -- a natural biological process -- is a stressful and traumatic phase. Without running water, limited access to appropriate and standard sanitary wear, no disposable facilities and lack of privacy in the toilets, many girls at the school as well as women and girls from around the country share Marimuka’s predicament.

The challenges they face today are not only centred around availability of sanitary wear at lower prices but also around the environment that many of these women find themselves in.

For many women in Zimbabwe, the menstrual journey is not a proud one, but that which is worth escaping -- if

it could be. “It is dreadful to think of that time of the month. I hate going to school, even to travel. Many toilets come at a price -- you have to pay a small fee to enter and change, while some are unhygienic, without running water or disposable facilities. It is a nightmare,” said Marimuka.

Women, who constitute at least 52 percent of the population, find themselves in terrible situations during their menstrual period yet they have to endure for the better part of their lives.

According to reports -- women and girls, from poor slum communities and in rural areas make use of unhygienic products during their menstrual period.

“Instead of celebrating womanhood, the few days every month are a nightmare -- humiliating and painful. This is a human rights issue which needs the government to address because we do not menstruate out of choice but we were created that way. This must not be prison,” said Leonah Madzimure from Kuwadzana.

Zimbabwe is facing acute economic stress, including the current liquidity crisis while companies are shutting down at a fast rate. According to the Zimbabwe Congress for Trade Unions (ZCTU), at least 450 workers lose their jobs on a weekly basis. On its knees, the country now has shifted from being a net exporter, to become a net importer of everything including- sanitary products. According to legislatures debating in parliament, Zimbabwe is losing approximately, $US1.2billion per annum from the importation of sanitary products.

The Ministry of Industry and Commerce, says the government is worried by its failure to manufacture and export, while the Ministry of Science and Technology blames the failure by the country to raise enough capital to fund companies that can manufacture sanitary products. “We currently have two companies that can manufacture sanitary products but we don’t have any capital,” Mrs Olivia Muchena, Minister of Science and Technology told Parliamentarians recently.

While the Millennium Development Goal (MDG 3) calls for the promotion

of gender equality and women’s empowerment, the Convention on the Elimination of all Forms of Discrimination against Women (CEDAW) (1979) a legal-binding international instrument for the protection of women’s rights seeks to address the living conditions of women in rural areas. Although Zimbabwe is a signatory of a number of various regional and international conventions aimed at improving the welfare of women, a number of women organisations feel that these conventions have not brought with them the expected benefits.

According to the Women’s Trust, the role of women should be upheld and the first thing is to remove tax of these products and the raw materials that make these products because they are not affordable for the women at grass roots. “Sanitary products are a basic need for young girls and women. The family would buy a meal over sanitary pads because “you can make a plan”.

It is as if people forget we have a monthly menstrual period this has resulted in women resorting to using cloths, cardboard, paper and leaves, this is very dangerous and could result is complications such as cancer or chemical can damage the ovaries,” said Tendai Garwe, Communications and Advocacy Officer for The Women’s Trust.

Conrad Gweru and Michelle Chifamba, The Herald, July 24, 201 <http://allafrica.com/stories/201407241495. html?viewall=1> Accessed July 24, 2014

UNICEF ORGANISES PROGRAMME ON CHILDREN’S RIGHTS AWARENESS

A four-day programme organised by UNICEF, in which schoolchildren participated in an audit poll sharing experience about their rights and their views on rights of their peers belonging to the vulnerable sections of the society was held in India.

The aim of the programme, held on the occasion of 25 years of the UN Convention on the Rights of the Child (CRC), was to create awareness among schoolchildren about their rights.

“This poll aims at providing children with a platform to express their expectations. Children’s voices are hardly heard because they don’t vote.

We believe children have the right to be informed and to have a dialogue on matters that relate to them,” said Deputy Representative of UNICEF, India David McLoughlin. “UNICEF wants to work, advocate and fight for the children of India for what is rightfully theirs,” he added. “The presence of children here affirms the belief that schools are not just centre of excellence, it is also asking difficult questions about society. It is telling us that there is more to life than results, that the concern for my brothers and sisters are equally important,” said Philip Pinto, one of the special guests at the function.

The closing function of the four-day event saw song and dance performances by the participants at the auditorium of St. Columbus School. The outcomes of the audit would be released at the time of the UN CRC anniversary. The event was organised in collaboration with students from the ‘Nine is Mine’ campaign. Nearly 175 children from different schools across India participated in the programme.

Press Trust of India, July 20, 2014 <http://www.business-standard.com/article/pti-stories/ unicef-organises-programme-on-children-s-rightsawareness-114072000712_1.html> Accessed July 24, 2014.

MORE HUMAN RIGHTS EDUCATION BASES SET UP IN CHINA Five national education and training bases on human rights were set up in

China, bringing the total number of such bases to eight.

The five institutions authorized to serve as education and training bases are human rights research centers at Renmin University, Fudan University, Wuhan University, Shandong University and Southwest University of Political Science and Law.

“The move will surely help to promote faster and better development of China’s human rights undertaking,” said Cui Yuying, deputy director of the Information Office of China’s State Council, while addressing the authorization ceremony.

Cui expects the bases to become human rights think tanks and engage in international exchanges.

Nankai University, China University of Political Science and Law, and Guangzhou University were authorized to serve as national education and training bases in October 2011 in accordance with the government’s plan to promote human rights in China.

Xinhua News Agency, July 22, 2014 <http://www.globalpost.com/dispatch/news/xinhuanews-agency/140722/more-human-rights-educationbases-set-china> Accessed July 24, 2014.

INDIA: SAVE CHILDREN FROM EVER GROWING SEXUAL & PHYSICAL ABUSE, SAYS CRISP Child rape cases have jumped 336% in the past 10 years Younger children, aged between 5-12 years, including boys and girls, are facing more abuse, both physical as well as sexual, and there is an urgent need to safeguard these children and also severely punish child abusers and

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rapists, says Bangalore-based Children’s Rights Initiative for Shared Parenting (CRISP).

CRISP, citing data from the National Crime Records Bureau (NCRB), said, every 20 minutes, somewhere in India a woman is raped. While crimes against woman have increased by 1.7% since 2010, over the past 10 years, number of rape cases involving child has jumped 336%, it added.

Talking about the reluctance in addressing child abuse, CRISP said, “No one wants to believe that anyone would do something that terrible to a child, so there’s an unwillingness to recognise just how pervasive child abuse is. In spite of our collective denial, we all may know a family where sexual abuse is taking place or may know a sexual predator. In the majority of cases, children never tell anyone what has happened to them. Why? Because it doesn’t feel safe to tell. Since talking about sex is taboo in Indian society, this problem gets complicated even more.”

“There are many types of child sexual abuse, from inappropriate touching, fondling, voyeurism, exposure to pornography, to full forced intercourse and sadistic acts. Victims may be infants as young as two months, although the average age of child sexual abuse victims is nine. It happens in every socio-economic class, every ethnic community, and among all races,” it added.

In a statement, CRISP said, “India adopted a policy on Children in 1974 which guarantees children the right to protection from abuse, the right to protection from exploitation, the right to protection from neglect. In spite of this, various governments have failed miserably in safeguarding the interests of children who constitute 40% of Indian population because they are not vote banks!”

CRISP has demanded the government to strictly implement the ‘Protection of Children from Sexual Offences Act’ that was passed in the Parliament in 2012.

The non-governmental organisation

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(NGO) has also demanded.

1. Make sex education compulsory, with a focus to educate on what constitutes abuse, for High school level in all private and government schools in the state.

2. No school management should force parents to sign papers compromising their child’s safety in exchange for seats. Make schools fully accountable for child safety during school hours, including the travel to & from the school and management has to ensure due diligence on staff and teachers.

3. Open child helpline to report abuse in all major areas of the city & schools to train children how to use helpline facilities without revealing name or identity of the victim and their family.

4. Set up special courts to complete trial of child abuse cases within 6 months and ensure all cases of child abuse is reported in the police station & CWC. 5. To form a separate union ministry for children & de-link the present women and child development ministry since women rights and child rights are totally different and thus children are not the priority.

6. Initiate social and familial reforms to reinforce joint family system so that grand-parents play a more pro-active role in upbringing and care of children, ensuring love and safety, and reduce dependency on hired maids.

7. Promote shared parenting in children coming from the broken homes so that the children gets guidance from father to have proper guidance & to prevent potential rapist citizens.

Moneylife Digital Team, July 23, 2014 <http://www.moneylife.in/article/save-children-fromever-growing-sexual-physical-abuse-says-crisp/38182. html> Accessed July 23, 2014.

INDIA: PROTECTION OF WOMEN’S RIGHTS IN INDIA TAKES A FURTHER BEATING India’s record for the protection of women’s rights has taken a severe beating once again with several cases of rape and molestation of girl children and women reported from different parts of the country, troubling the collective conscience of the entire nation. A girl child from the time it is a foetus and as an infant is perceived to be in danger of facing violence and death.

A poll conducted by Thomson Reuters in 2011, according to which India is the fourth most dangerous country in the world for women. Women are threatened by multiple forms of violence including burnings, acid attacks, beatings and rape. According to India’s National Crime Records Bureau, registered rape cases in India have increased by almost 900 percent over the past 40 years.

See all this in the backdrop of a recently published UNICEF report, which claimed that India has lost more than 10 million girls since 2007 to sex selective abortions. About 80 percent of Indian districts have recorded an increasingly skewed sex ratio since 1991, the agency said. Officials with the federal Women and Child Welfare Ministry in New Delhi said the skewed sex ratio also has contributed to an increase in molestation and rapes in northern Haryana state and nearby areas. Punjab has “856 and

Haryana only 836 females per 1,000 males.” one official said. In 2013, the Supreme Court attributed ongoing female feticide to ineffective enforcement of the ban on pre-natal sex determination tests and appointed the monitoring panel as a result.

India’s Supreme Court demanded that all states report on how they enforce laws meant to stop the aborting of female fetuses. India outlawed pre-natal sex determination 20 years ago in order to prevent couples from resorting to female feticide. But an inspection team recently reported the practice continues unabated throughout the country. The National Inspection and Monitoring Committee said in a statement to the court that in most cases, state authorities worked closely with clinics that carried out sex selective abortions.

Violence against women carries on unabated despite several cases getting highlighted, thanks to the media.

This is attributed to various causes like unhealthy sexual culture, male dominance of the heavily patriarchal societies, general lawlessness and serious deficiencies in law and order, settling family and caste feuds, lack of proper education, lack of strong and effective laws, weak implementation of laws, delayed police action and insensitive procedures of filing cases, low record of actual convictions by the courts, lack of protection for the victims of abuse, social taboos preventing the reporting of cases and the political interference in certain cases. While political blame games continue, the victims have to go through the ordeals of investigative procedures with no end of the trauma in sight.

A gang rape of a 17 year old pre-novice in Bangalore, attacked in the Institute of the Sisters of the Holy Nativity by three men and the sexual abuse of a six-year old child in its school premises, have once again woken up an otherwise apathetic public, who have descended on the streets to protest this violence.

While the culprits in the six-year-old’s case has been apprehended almost ten days later, the culprits behind the case of the pre-novice are still at large.

Perhaps what is needed is a ‘social revolution’ for empowering women and a reform to change the mind-set and old fashioned thought process of the Indian society. This change cannot be achieved in a courtroom or through mass protest.

It requires instilling particular values to boys and girls, at home, at school and in the public sphere. In addition to that, certain conceptions of masculinity and femininity must be readjusted to place emphasis upon respect for the self and for others.

Antara Dev Sen, columnist for the Asian Age, points out that most victims of violent crimes are brutalized not just by their attacker but thereafter by the system they appeal to or live with.

Women in India tend not to appeal to the legal and criminal system because, far from being a source of protection and empowerment, they find that this system makes them even more vulnerable to abuse.

With male chauvinistic views of many politicians who have unabashedly blamed women the change seems to be hard to come by. It is going to be a hard fought struggle for the Indian woman to reclaim her dignity.

society organiations and a host of others, paid glowing tributes to the late activist and lawyer, at a special colloquium organised in his honour.

The colloquium tagged: “Struggle for Social Change in Nigeria” took place at the Abibatu Mogaji Model Secondary School, Dopemu, Agege, Lagos, SouthWest Nigeria.

A service of songs was held in his honour at the Redeemed Christian Church of God at the Abibat Mogaji Millennium Secondary School Playground, Agege.

It was followed by candle light procession/solidarity night at the same venue.

A funeral service by the Redeemed Christian Church of God preceded his interment at Ogbagi.

Aturu passed on at the age of 49 after a brief illness.

Left to mourn him are his wife, Adebimpe, children, aged parents, siblings and several other relations.

Ameh Comrade Godwin , Daily Post, July 25, 2014 <http://dailypost.ng/2014/07/25/human-rights-lawyerbamidele-aturu-buried-ondo-amid-tears-tributes/> Accessed July 30, 2014

Vatican Eye, <http://en.radiovaticana.va/news/2014/07/21/protection_ of_women%E2%80%99s_rights_in_india_takes_further_ beating/1103141> Accessed July 23, 2014.

HUMAN RIGHTS LAWYER, BAMIDELE ATURU BURIED IN ONDO AMID TEARS, TRIBUTES The remains of frontline activist and lawyer, Bamidele Aturu, have been committed to mother earth amid tears and eulogies at Ogbagi, his birthplace in Akoko, Ondo State.

His final home journey began with a day of tributes at the Abibat Mogaji Millennium Secondary School Playground, Agege, Lagos.

Also, human rights activists, lawyers, jurists, labour leaders, members of civil

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AUSTRALIA: HUMAN RIGHTS COMMISSION STUDY FINDS WIDESPREAD DISCRIMINATION AGAINST PREGNANT WOMEN

almost as if well, ‘I just have to put up with this because this is part of the landscape’.

“I think probably the worst for me was a woman that I met who was working in a male-dominated industry when she said to her manager that she was pregnant.

The immediate response was ‘well, your choice, the job or the baby’.

“For that woman and her partner, they decided they desperately needed the job.

“She had a termination and then she lost her job several weeks later.”

MEN ALSO FACE DISCRIMINATION AFTER PARENTAL LEAVE

Almost 50 per cent of mothers have experienced discrimination in the workplace at some point during pregnancy, parental leave or when they returned to work, a new study shows.

The landmark study by the Human Rights Commission found that the consequences are keenly felt, with 84 per cent of women reporting mental and physical stress, and damage to their finances and career.

The report found 49 per cent of pregnant women and working mothers experienced discrimination both in the corporate world and the public service.

The commission surveyed hundreds of parents, employers and business groups and found cases where maternity leave was denied, job contracts were torn up, careers were stunted, while demotions and resignations were commonplace.

One woman was advised by her boss to consider an abortion, while another was told to chose between her baby and her job.

Sex Discrimination Commissioner Elizabeth Broderick says no sector is immune from this discrimination.

“I spoke to women who had roles on a factory floor, through to the most senior executives, the most senior medical specialists in this country, and it was pervasive across all levels and all sectors,” Ms Broderick said.

“I think what disturbed me most was almost the inevitability of it. It was

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Ms Broderick says men face discrimination as well.

“Twenty-seven per cent of men who’d taken a month or less had experienced discrimination on return from parental leave,” she said.

“I mean that’s less than their annual leave entitlement so I have to say that was a very surprising figure.”

The report also found when it came to discrimination, it did not make a difference whether the boss was female or male.

security, it’s about financial impacts. It impacts on the family,” she said.

“I met people who because of one partner, the pregnant woman being pushed out of work, could no longer afford their mortgage.”

Ms Broderick says fixing this problem would boost Australia’s economy.

“What we do know is that men’s workforce participation rate is about 12 per cent above women’s,” she said.

“If we could close that gap by lifting women’s participation just 6 per cent, we would add around $25 billion annually to Australia’s GDP. “This has got significant productivity benefits for Australia.”

The Federal Government says more needs to be done to help pregnant workers and people returning to work after having children.

It says it is providing $150,000 to support resources about the rights and obligations of both employers and workers.

Emily Bourke, ABC News, July 25, 2014 <http://www.abc.net.au/news/2014-07-25/workplacediscrimination-against-pregnant-women-study/5623376> Accessed July 30, 2014.

HRW CONDEMNS TORTURE, ABUSE OF WOMEN IN SYRIA CONFLICT

“One of the other disturbing things for me was that many of the discriminatory views came from other women, female managers, often managers who had children themselves and I have to say as Australia’s Sex Discrimination Commissioner, I found that deeply depressing,” Ms Broderick said.

Apart from the deep personal and professional losses, discrimination has broader economic costs, Ms Broderick says.

“For an individual woman or man affected by it, it’s about the mental health impacts, it’s about loss of job

Women have been the victims of arbitrary arrest, torture, harassment and discrimination at the hands of government and rebel forces in Syria’s three-year conflict, Human Rights Watch said.

The New York-based global rights watchdog, in a report, urged the international community to “hold those

responsible for such abuses to account”.

“Women have not been spared any aspect of the brutality of the Syrian conflict, but they are not merely passive victims,” said Liesl Gerntholtz, women’s rights director at HRW. The group: “Women have been arbitrarily arrested and detained, physically abused, harassed and tortured during Syria’s conflict by government forces, pro-government militias and armed groups opposed to the government.”

The report is based on interviews with refugee women and service providers in Turkey, where hundreds of thousands of Syrians have sought shelter from the war ravaging their country.

“Several of the women told Human Rights Watch that government forces or non-state armed groups had harassed, threatened or detained them because of their peaceful activism, including planning and participating in nonviolent demonstrations and providing humanitarian assistance to needy Syrians,” said the group.

One woman, 30-year-old pro-opposition journalist Maisa, was detained by government security forces in Damascus in 2013.

They beat her “throughout the night with a thick green hose”, said HRW. The group quoted her as saying: “They slapped me on the face. They pulled me from my hair. They hit me on my feet, on my back, all over.”

Rights groups have regularly documented systematic torture and illtreatment of men and women detainees in Syria’s notorious prisons and detention centres.

Anti-regime groups have also committed abuses against women, as well as imposing “discriminatory policies on women and girls, including restrictions on their dress and freedom of movement”, said HRW. Twenty-four-year-old Berivan, a Syrian Kurd, was detained by an Islamist rebel group in southern Damascus for 10 days.

After her release, she was threatened by the radical Islamic State -- formerly known as the Islamic State of Iraq and the Levant -- for not wearing the fulllength abaya robe.

IS fighters told her: “’If we see you like

this again, we will kill you. If we ever see you in this area, we will hang you.’”

“All parties to the conflict should take measures to protect women and girls from violence during conflict, including but not limited to sexual and genderbased violence”, said HRW. “The international community needs to hold the Syrian government and armed groups accountable for abuses against women and girls, and donor governments should help to meet their immediate needs,” said Gerntholtz.

Agence France-Presse, Global Post <http://www.globalpost.com/dispatch/news/afp/140703/ hrw-condemns-torture-abuse-women-syria-conflict> Accessed July 4, 2014.

UN INDICTS BOKO HARAM FOR CHILD ABUSE…AS HUMAN RIGHTS WATCH CALLS FOR A HALT All parties implicated in a new United Nations’ report about abuses of children during armed conflict should call an immediate halt to these crimes, Human Rights Watch said today. The UN secretary-general’s annual report on children in armed conflict was released.

The report lists parties to armed conflict that are documented to have committed serious violations of international humanitarian law against children.

These include recruiting and using children in their operations, killing and maiming children, sexual violence against children, or attacks on schools or hospitals. Human Rights Watch cited inconsistencies in the UN monitoring and reporting, however, which may reduce the report’s effectiveness.

“All groups on the secretary-generals’ list of shame for their serious violations against innocent children deserve the world’s contempt,” said Bede Sheppard, deputy children’s rights director at Human Rights Watch. “All parties named in the UN report need to work with the UN to put a stop to abuses against children and to protect them from harm.”

Once a party to an armed conflict is placed on this list, it triggers increased response from the UN, including intensified engagement by UN agencies

in the affected country and potential Security Council sanctions. Such sanctions can include arms embargoes, travel bans, asset freezes, and referrals to the International Criminal Court against the officials responsible for violations. For government armed forces or non-state armed groups to be removed from the list, the UN must verify that parties have ended the abuses, primarily with time-bound action plans.

This year’s report added eight new parties to the list of abusers, including Boko Haram in Nigeria for systematic attacks on schools and killing and maiming of children. The Chadian Armed Forces was removed from the list after the UN determined that it had fully complied with its action plan, documented no new cases of recruitment of children, and found no children during monitoring of armed forces activities.

Although certain groups were mentioned in the text of the report, they were not formally added to the list. The report notes, for example, that Maoist forces in India and the Barisan Revolusi Nasional-Coordinate (BRN-C; National Revolutionary Front) in southern Thailand continue to recruit and use children, yet neither group was added to the list that could trigger UN action against them. Similarly, the report documents attacks on schools by the Tehrik-i-Taliban in Pakistan, by the Maoists in India, and al-Hirak separatists in Yemen without adding them to the list.

Taliban forces make the list for their attacks on schools and teachers in Afghanistan, but not for similar attacks

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in Pakistan.

Parties that have been included in the list for five years are labeled “persistent perpetrators,” leading to extra scrutiny and increasingly targeted measures by the UN. Yet the Maoist armed group in India, also known as the Naxalites, which has been featured in the text for the UN reports for five years, has never been added to the list.

Although Maoist attacks on schools have decreased in recent years, the secretary-general’s report clearly shows that the attacks persist, and that the group qualifies under Security Council Resolution 1998 (2011) for inclusion in the list, Human Rights Watch said.

Although this is the first time that the secretary-general’s report has named the BRN-C for violations in southern Thailand, the secretary-general first reported on the recruitment and use of children by unspecified “armed groups” in 2010, and has referenced attacks on schools in the area by “armed elements” since 2007. Human Rights Watch has documented that the BRN-C was responsible for recruiting children and attacks on schools since 2007.

“Child soldiers and schools in India, Pakistan, and Thailand deserve the same protection from the United Nations as children suffering from other conflicts,” Sheppard said. “Unless all groups are rebuked and punished for similar offenses, the credibility and impartiality of the UN process is threatened.”

The UN report reflected several improvements in its actions to address abuses of children during conflicts, including increased monitoring of attacks on schools, teachers, and hospitals.

There is also more information on the military use of schools, which endangers children and deprives them of their right to education. The UN documented such abuses in 15 conflict situations. The secretary-general encouraged all member countries to make it a priority to adopt concrete measures to deter the military use of schools. These measures should include incorporating into legislation or military doctrines protections proposed by the “Draft Lucens Guidelines for Protecting Schools and Universities from Military Use during Armed Conflict,” Human

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Rights Watch said.

“The secretary-general’s annual report is one of the most effective ways that the UN has to push for real improvements in the behavior of parties to armed conflict toward children,” Sheppard said. “It’s critically important for the UN to be unquestionably impartial as it reports on abuses against children during war and presses all parties to halt their abuses.”

I-Reports-NG, July 1, 2014, <http://ireports-ng.com/2014/07/01/un-indicts-bokoharam-for-child-abuse-as-human-rights-watch-calls-ahalt/> Accessed July 4, 2014.

CHILD RIGHTS VIOLATED IN CONFLICT SITUATIONS Grave abuses against children are being committed in, among others, South Sudan, Nigeria and the Central African Republic (CAR) and their rights are being violated in conflict situations with total impunity.

“What is common to most of these conflict situations it that children’s rights are violated with total impunity. If we are serious about protecting children we must demand accountability,” she said.

A new party appearing on the Secretary-General’s list of perpetrators is the extremist group Boko Haram, responsible for “unspeakable violence against children” in Nigeria, including killing and maiming as well as attacks against schools and hospitals.

The report also notes recruitment of children in the CAR was “systematic” and child rights violations were committed by all parties to the conflict in total impunity.

“In 2014, the children of CAR continue to face unspeakable violence, a deadly mix of attacks and retaliation motivated by religion, a worsening humanitarian crisis and complete lack of law and order continues to plague the country,” Zerrougui said at UN headquarters in New York.

The report also points out attacks against schools and hospitals are on the rise, including in Afghanistan, CAR, Democratic Republic of the Congo, Iraq, Nigeria and Syria.

These claims were made by Leila Zerrougui, the UN Secretary-General’s special representative on children and armed conflict when she presented Ban Ki-moon’s annual report on children and armed conflict to the world body.

According to the report children were recruited and used, killed and maimed and became victims of sexual violence and other “grave violations” in 23 country situations last year. It has documented cases of children recruited and used by seven national armies and 50 armed groups fighting wars in the CAR, South Sudan, Syria and 11 other countries.

She also noted there was progress to report. No violations were recorded in Chad in 2013 and the country’s national army has fulfilled all the requirements of its action plan and is no longer on the list for recruitment and use of children.

Defence Web, July 4, 2014 <http://www.defenceweb.co.za/index.php?option=com_ content&view=article&id=35352:child-rightsviolated-in-conflict-situations&catid=52:Human%20 Security&Itemid=114,> Accessed July 4, 2014

WOMEN AND THE RIGHT TO ADEQUATE HOUSING The right to adequate housing is clearly recognized in international human rights law, including in the International Covenant on Economic, Social and Cultural Rights, which provides for “the right of everyone to an adequate

standard of living for himself and his family including adequate food, clothing and housing, and to the continuous improvement of living conditions.” This publication provides an overview of the meaning, intent and implications of the human right to adequate housing, and illustrates obstacles to women worldwide enjoying this right effectively.

In 2000, the United Nations Commission on Human Rights appointed its first Special Rapporteur on adequate housing with a mandate to focus on adequate housing as a component of the right to an adequate standard of living in the context of non-discrimination.4 The Special Rapporteur was requested to report on the status of the realization of the relevant rights and on developments relating to them, including on laws, policies and good practices most beneficial to their enjoyment and difficulties and obstacles encountered domestically and internationally, and to develop a regular dialogue with States and promote cooperation among and assistance to them in their efforts to secure these rights. The Special Rapporteur was specifically requested to apply a gender perspective in all his activities.

At the same time, the Commission on Human Rights, in its resolutions on women’s equal ownership of, access to and control over land and the equal rights to own property and to adequate housing, consistently affirmed that discrimination in law against women with respect to having access to, acquiring and securing land, property and housing, as well as financing for land, property and housing, constituted a violation of women’s human right

to protection against discrimination.5 It further reaffirmed the obligation of States to take all appropriate measures to eliminate discrimination against women by any person, organization or enterprise, in particular by financial lending institutions. It recommended that housing financing institutions and credit facilities should address the discrimination and encouraged specialized national and United Nations bodies to provide resources, information and human rights education concerning women’s equal ownership of, access to and control over land and the equal rights to own property and to adequate housing. It requested the Special Rapporteur to study and report on women and adequate housing and more specifically on women’s equal ownership of, access to and control over land and the equal rights to own property and to adequate housing.

AFRICA: SHOWING LITTLE CHANGE, GLOBAL NUMBER OF CHILDREN OUT OF SCHOOL STALLS AT 58 MILLION - UNESCO

The methodology used to fulfill this task included regional consultations with grass-roots women’s organizations.

Since 2002, regional consultations have been held in North and East Africa, Asia, Central and South America, the Middle East, the Pacific region, North America, Central Asia, Eastern Europe and the Mediterranean. Reflecting local contexts, each consultation highlighted specific themes in relation to adequate housing, such as violence against women or land and inheritance. The testimonies shared by individuals and grass-roots and civil society groups illustrated the range of violations experienced by women in relation to adequate housing, as well as the strategies employed to realize adequate housing. The testimonies further detailed the reasons for the gap between laws and policies and their implementation, and also confirmed that an indivisible approach is required to effectively address the complex contexts within which women experience discrimination and other human rights violations.

improvement since 2007, according to a new United Nations Educational, Scientific and Cultural Organization (UNESCO) report, which also reveals that positive change is possible, spotlighting success in 17 countries that have reversed that trend over the past decade.

UN Human Rights Office ‘Women and the Right to Adequate Housing’ (Sudan Vision, June 26, 2014) <http://news.sudanvisiondaily.com/details. html?rsnpid=237438> Accessed June 26, 2014

The global number of out-of-school children aged 6 to 11 is still as high as 58 million, showing little overall

“Combined with UNESCO’s recent news that aid to education has fallen yet again, the lack of progress in reducing out of school numbers confirms our fears - there is no chance whatsoever that countries will reach the goal of universal primary education by 2015,” said UNESCO Director-General, Irina Bokova, in a press release on the launch of the agency’s new policy paper.

She is expected to present this new data at a press conference in Brussels during a pledging conference organized by the Global Partnership for Education, where donors and countries are expected to renew their commitment to get all children in school and learning.

The UNESCO Institute for Statistics produced the policy paper, which also shows that 15 million girls and 10 million boys, constituting around 43 per cent of those out of school, are unlikely to ever get access to primary education if the current situation remains the same. “We cannot meet this news with

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further inertia. On the contrary, we must sound the alarm and mobilize the political will to ensure that every child’s right to education is respected” she declared.

The report underlines also how 17 countries have succeed in bringing education to their population and have successfully reduced the number of out-of-school children by almost 90 percent in a little over a decade. The lack of global progress is largely due to high population growth in sub-Saharan Africa, now home to more than 30 million out-of-school children. Most of them will never start school and those who do are at risk of dropping out. Across the region, more than one in three children who entered the educational system in 2012 will leave before reaching the last grade of primary school, UNESCO says.

The paper also shows critical gaps in the education of older children aged 12 to 15. Globally, 63 million adolescents were out of school in 2012.

All Africa News, June 26, 2014 <http://allafrica.com/stories/201406261661.html > Accessed June 27, 2014

NIGERIA: UNICEF ADVOCATES COLLABORATION FOR IMPROVED GIRLS’ LIFE BAUCHI — A SPECIALIST ON GIRLS’

education has observed that a joint and collaborative undertaking by the federal government, the Department for International Development (DfID) and UNICEF initiative has a broad goal of contributing to the improvement

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of quality life of girls and women in Nigeria. The specialist, Hajiya Mairama Dikwa, hinged her observation on the implementation of two phases of Girls Education Project (GEP) of UNICEF between 2005 - 2008 in six states of Bauchi, Borno, Jigawa, Katsina, Niger and Sokoto.

Dikwa explained that between 2008 2012 the project was also implemented in Sokoto, Bauchi, Katsina and Niger states, hence projects 1 and 2 informed the design of a third phase implemented in five states of Bauchi, Katsina, Niger, Sokoto and Zamfara. She spoke at a media interactive session marking the Day of African Child with the theme, ‘A Friendly, Free and Compulsory Quality Education for all Children in DFO states’ held recently in Bauchi, adding that concerted efforts were being made to bring more girls to school.

The project, she said, provides the girls with quality, practical, and useful education for long term investment and positive spinoffs by reducing poverty, improving nutrition and ill-health and preventing communicable diseases.

Dikwa revealed that the project gamut has in Bauchi the political commitment of the state government to co-finance the GEP 3 spanning from 2012 -m 2020 with the sum of N2.7 billion with a Memorandum of Understanding (MoU) to that effect already signed.

The Specialist however expressed regret that since April 2012 when the MoU was signed between Governor Isa Yuguda and UNICEF, to date there isn’t any release of fund to augment the implementation of the third phase of the Girls education Project (GEP).

She explained that UNICEF basic education programme seeks to intervene in areas of access and quality to education and quality of teaching through Integrated Quranic/Tsangaya Education (QTE), and Nomadic Education/Non-formal Education.

Meanwhile, a non-governmentalorganisation (NGO), Foundation for Corporate Social Responsibility & Child Rights, has moved to sensitise the public on the need towards promoting the girl child education in the society

through a video documentary titled ‘Girl Rising’.

Segun Awofadeji and Chinazor Megbolu, All Africa News, 26 June, 2014 < http://allafrica.com/stories/201406261140.html> Accessed June 27, 2014.

FG INAUGURATES TASK FORCE COMMITTEE ON SEXUAL ABUSE AND VIOLENCE AGAINST CHILDREN The Federal Government of Nigeria has set up a National Joint Task Force for the Prevention of Child Sexual Abuse and Violence against Children in Nigeria. This is part of government’s efforts to address the growing cases of violence against children, especially child sexual abuse, rape and abduction of innocent children. Minister of Women Affairs and Social Development, Hajiya Zainab Maina, who inaugurated the Committee in Abuja, said this is coming on the heels of the recent terror attacks and abduction of about two hundred girls from a Government Secondary School in Maiduguri, the North East of the country.

She noted that whenever there are insurgencies or natural disasters such as flood, children become very easy targets as they are killed, maimed or abducted, adding that, “when there are economic problems in the family, children are made to hawk in the streets where they are exposed to all kinds of hazards including child sexual abuse.

“The continuous and recent terror attacks and abduction of children from schools in the North-East of the country is a clear demonstration of the extent of violence meted to the Nigerian child.

“This callous act highlights the need for government to employ a multisectoral approach to tackle the scourge that is eating deep into the fibre of the country.” She emphasized.

Hajiya Maina disclosed that membership of the Taskforce were drawn from MDAS and other relevant stakeholders that include; Nigeria Law Reform Commission, National Human Rights Commission, NAPTIP, Legal Aid Council, Public Complaint Commission, Ministries of Information, Justice, Foreign Affairs, Education and Health as well as the Nigeria Police, NOA, and the Christian and Muslim Women Associations of Nigeria, that have been identified as key actors in child survival, development and protection issues.

Speaking in a goodwill message, the Executive Secretary of NAPTIP, Beatrice Jedy, Agba said that the agency condemn in strong terms the inhuman act of suicide bombers and the abduction of some girls, stressing that soon, all will become history in the country. She reiterated her agency’s commitment to partner with the Ministry of Women Affairs to ensure that the protection of children, especially the girl-child who is most prone to vulnerability and her welfare is guaranteed with a view to putting a stop to the ugly scourge of violation against children in the country. Also speaking, Permanent Secretary in the Ministry of Women Affairs, Dr. Habiba Lawal, added that the need to establish a national joint taskforce in the country was predicated on the fact that the Nigeria society was grappling with rising incidences of rape, child defilement and baby factories that have not painted the country in good light.

She however said that the establishment of the taskforce will provide a unified platform for government agencies and the civil society to jointly respond to child sexual abuse and violence against children in a coordinated manner and reduce drastically the menace in the country.

Wale Odunsi, (Daily Post, April 22, 2014) <http://dailypost.ng/2014/04/22/fg-inauguratestask-force-committee-sexual-abuse-violencechildren/>Accessed June 27, 2014

VIOLENCE AGAINST WOMEN: FASHOLA STRESSES URGENT LAW REFORM

Violence against women and girls remains the most acute form of gender inequality in Nigeria and the need for special protection of the feminine gender cannot be over-emphasized.

Under the law, lies a rational belief that every human being is entitled to equal consideration and respect. But in recent times in Nigeria, there have been several cases of violence against women and girls, which most times are unreported despite their pervasiveness.

Considering the increase in reported cases of violence and abuse against women, the first lady of Lagos State, Mrs. Abimbola Fashola, who was special guest at the fifth year memorial anniversary forum for Prof. Jadesola Olayinka Akande, stressed urgent need for reform of the country’s laws in that area. While speaking on the title “Uniting to End Violence against Women and Girls” at the event held at the Nigerian Law School, Lagos, Mrs. Fashola pointed out that there are institutional problems militating against the advocacy for women abuse, noting that such problems are inefficiency of law enforcement agencies and difficulties with the judicial system.

In her words: “considering the increase in reported cases of violence and abuse against women, there is urgent need for reform of our laws. There are of course institutional problems, such as the inefficiency of law enforcement agencies and the difficulties with the judicial system and access to it”. “We need to adequately train and equip law enforcement agents to be able to enforce the law that convicted persons

do not escape the full wrath of the law in order to serve as a deterrent to would-be offenders”. “In cases of rape, social issues like stigmatization and the difficulty of proof, often requiring strong medical and forensic evidence, have sometimes left victims with the choice of silence instead of the stigma that a failed prosecution may likely bring.”

She maintained that forced and early marriage, civil unrest etc also contribute to violence against women in our society, adding that poverty or lack of economic power have made a lot of women totally dependent on men.

Violence against women remains a global issue, which the United Nations General Assembly defined as any act of gender-based violence that results in, or likely to result in physical, sexual or mental harm or suffering to a woman, including threats of such acts, coercion or arbitrary deprivation of liberty whether occurring in public or private life.

According to her, the way forward is: “to promote mutual respect among both sexes; and create a society where no one is disadvantaged or treated with less or no dignity on the basis of gender.” The Lagos first lady did not mince words as she asserted that the protection of women and child from violence would be a suitable responsibility for community of State Police if it is created because these are largely local problems. She further said: “Violence against women and girls cannot be fought and won by women alone. It requires the active participation of men who are husbands, fathers, uncles, cousins, brothers and sons of the violated and abused women and young girls.

“Every man of good conscience and honour must rise and speak out against the ills of these acts. We must be a part of the street rallies and speak out alongside the women organizations that are involved in denouncing this terrible act.” No doubt, some of the laws applicable in Nigeria vis-à-vis the different aspects of violence against women need to be revisited, so as to curb the increasing violence against women and girls. These laws include the Criminal Code and the Penal Code,

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Sharia (Muslim Personal Laws in Nigeria) after the Maliki School, and Customary Laws which vary from place to place in Nigeria. Violence against women is unconstitutional in Nigeria and should be illegal in any of its forms. The most common form of abuse against women and girls is rape, which is defined as unlawful carnal knowledge of a woman or girl without her consent.

Bartholomew Madukwe, ‘Violence against women: Fashola stresses urgent law reform’ (Vanguard News, May 30, 2013) <http://www.vanguardngr.com/2013/05/violence-againstwomen-fashola-stresses-urgent-law-reform/#sthash. lDCh2AvL.dpuf> Accessed on May 15, 2014.

NIGERIA: MAKING ENVIRONMENTAL RIGHTS JUSTICEABLE

Experts have contended that if a nation’s environmental foundations are depleted, its economy may decline, its social fabric may deteriorate, and its political structure may even be destabilised. Therefore, they want sustainable climate resilient green development to be enshrined in the constitution of the country. With the challenges of rising sea levels, which have culminated in about 50 erosion sites along the 835km coastline of Nigeria, desertification, declining forest resources and a myriad of other problems, the country’s environmental headache is acute. Even with this array of problems, experts contend that the 1999 Constitution mentions the environment only once, in an ambiguous provision (Section 10). The said section did not make environmental rights justifiable.

In order to reverse this trend, the

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Federal Ministry of Environment has decided to engage with the ‘National Conference Working Group on Environment’ in order to make the necessary statutory changes to make issues of the environment human rights that is justifiable. Unveiling the facts, the ministry assembled a committee of experts led by Prof. Olukayode Oladapo, which made a presentation to the Confab Committee on the Environment. In the position paper presented, Prof. Oladapo argued that development would be meaningful if it does not increase a country’s vulnerability to environmental impacts.

He added that development seen purely from economic growth view could not be sustainable indefinitely on a finite planet.

“We live in a very limited (e.g.

Nigerians have to contend with about 924,000 km2 land surface area in the face of rapidly growing population), but challenging environment. This environment is, however, a complex and interactive system consisting of the atmosphere (air above us), land surface and bodies of water (oceans, sea, ice and snow surfaces), as well as living things (including humans).

“The degradation of an element of the environmental system will have positive or negative feedback effects on the others. For example, human induced increased injection of carbon dioxide into the atmosphere has resulted in global warming with its consequent large variability in climate in the form of extreme weather events that are generating floods (e.g. the 2012 major flood disasters witnessed in more than half of the states of the country) and massive erosion of land.”

Godwin Haruna, ‘Nigeria: Making Environmental Rights Justiceable’ (May 15, 2014) <http://allafrica.com/ stories/201405150679.html> Accessed May 15, 2014.

years, the number of countries with an “extreme risk” of human rights offences has risen dramatically. And Nigeria is 10 on that list. In fact the country falls

within those classified as extreme.

On the economy and environment, the report said, “the economies of Myanmar (8th), Nigeria (10th), Ethiopia (28th), and Indonesia (30th), present a particularly high risk to business. “In such economies, a high rate of deforestation, coupled with the unchecked conduct of security forces and a climate of impunity for human rights violations has led to a high risk of ‘land grabs’ at the expense of indigenous peoples rights, property rights and minority rights.”Several countries in sub-Saharan Africa also made the list of the top 10 worst offenders, primarily for ongoing ethnic conflicts and sexual violence.

Uduma Kalu, ‘Nigeria ranked 10th in human rights abuse’ (Vanguard Newspaper, December 6, 2013) <http://www.vanguardngr.com/2013/12/nigeria-ranked10th-human-rights-abuse/#sthash.N7piP4Gh.dpuf> Accessed May 16, 2014

HUMAN RIGHTS ABUSES: 250 GROUPS DRAG FG TO UN

NIGERIA RANKED 10TH IN HUMAN RIGHTS ABUSE Nigeria has been ranked as the world’s 10th worst human rights offender, a global rights watch has said.

In its 2014 Human Rights Risk Atlas, Maplecroft revealed that in the past six

A coalition of over 250 civil societies organisations dragged the Nigerian government before the United Nations, over what they termed “deteriorating

situations of human rights and the rule of law in Nigeria in the last three years”.

In a report the group submitted to the UN High Commissioner for Human Rights, Navi Pillay under the aegis of Human Rights Agenda Network, HRAN, maintained that the Nigerian government, lacks the commitment to prosecute politically exposed persons who were accused of corruption and abuse of office.

According to them, “None of the former governors charged to court since 2007 has been effectively prosecuted.” Urging the UN to call the federal government to order, HRAN, in the report which was tendered by Mr. Chino Obiagwu, said: “Our 2013 report demonstrated that the situation of human rights in Nigeria remains deteriorating, in the following patterns: “Increased cases of extra judicial executions and summary killings; continued use of torture as statecondoned tool of law enforcement; widespread gender-based violence and sex crimes. “Forced eviction of poor urban communities; denial of educational rights with students of public universities at home for more than a half of the year; increased cases of corruption and apparent lack of commitment of government to punish corrupt public officials.”

“Violations of rights of children and the failure of federal and state governments to fully implement the Child Rights Laws; repressive counterterrorism administration resulting in increased gun violence and insecurity.”

“Continued use of death penalty with the recent execution of 4 prisoners in Edo State despite their appeals pending in court. Poor investment in infrastructure such as power, roads, rail and health delivery, despite open profligacy in government. E.g. in 2013, the government procured new presidential planes and top aviation officials spent over $220m to purchase two cars, yet primary to tertiary education are severely underfunded”.

More so, the group, said its findings showed that over 3, 600 persons were direct victims of human rights violations in 2013 in Nigeria covered in 687 reported incidents. “This showed an average of two violations and over

ten victims daily. Under violations around the administration of justice, 205 cases were recorded in Chapter one.

There were 1, 766 cases of unlawfully killed in chapter two, with hundreds of thousands of persons reportedly internally displaced through violent terrorist attacks and destruction of communities in communal clashes.

About 310 incidents of police arbitrary detention and brutality was recorded, with only 27 charged to court for prosecution.”

“Chapter two recorded 111 cases of violations of the rights of women with 69 documented cases of rape and sexual assault and 51 cases of domestic and other gender-based violence. 55 of the reported cases of rape were charged to court and 10 were fully prosecuted while the others were still in court.

“Chapter three: Economic, Social and Cultural rights documents 38 incidents comprising 18 cases of demolition and forced evictions, 5 cases of violations of labour rights, 7 cases of health rights violation and 6 cases of violation of rights to education. Within the year, millions of university students were at home because of lecturers’ industrial action between June and December.

15 persons were reportedly killed as a result of strike actions by health workers.

“Chapter four contains 155 cases of corruption involving money laundering, bribery and fraud including 72 incidents of theft of public funds by public officials. Up to 95 of all the recorded cases of corruption were charged to court with only 11 cases successfully prosecuted. The most violators of this group are public servants and agents of government.

“Under chapter five, 78 cases of violations and abuses against vulnerable persons were recorded. These violations included enslavement of minors, crimes against Persons with Disability, and abuses against the elderly. In 52 of the cases affecting vulnerable persons, there had been arrests made or the suspects charged to court.

“In early 2014 the government passed into law the Same Sex Marriage Prohibition Act 2013 (SSMPA 2013) which not only prohibits and criminalizes the institutionalization

of same sex relationships, but also prevents the registration and sustenance of organizations, clubs or societies formed by LGBT people. “The law, in opinion of civil society, is draconian and infringes on rights to privacy, freedom of association and non-discrimination.

The law will drive LGBTI community and their public health service deliverers and care givers underground, with clear public health implications.

“HRAN holds Nigeria government responsible for all violations of human rights by its officials or abuses by private citizens or criminal gang. The ultimate duty to protect its citizens and provide redress when violations occur rests with the government.

“HRAN requests that the UN High Commissioner for Human Rights demands from Nigerian government that all its institutions, including ministries, the presidency and office of the First Lady, as well as state government and organized private businesses increase their commitments to protect human rights and fundamental freedoms of Nigeria in order to deepen democracy and good government”, the group added.

Ikechukwu Nnochiri, ‘Human rights abuses: 250 groups drag FG to UN’ (Vanguard Newspaper, March 13, 2014) <http://www.vanguardngr.com/2014/03/human-rightsabuses-250-groups-drag-fg-un/#sthash.2E33HkB7.dpuf> Accessed May 16, 2014

KENYA: EVERY CHILD HAS A RIGHT TO QUALITY EDUCATION

Education is both a human right in itself and also an important means in realising other human rights. However, children

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living with disabilities are often denied their right to a quality education due to stigma and discrimination at multiple levels. In general, children with disabilities are less likely to start school and have lower rates of staying and being promoted in educational facilities.

Structural and social barriers to education such as poverty, lack of accessible infrastructure, negative attitudes, low capacity of teachers and insufficient access to information all contribute to the exclusion of children with disabilities from accessing quality education opportunities worldwide.

Children with disabilities in Kenya and world-over who face other forms of marginalization based on their gender, ethnicity or language are at even greater risk of exclusion.

The Outside the Circle Report, published by Plan International in 2013, shows that children with disabilities are subject to profound levels of poverty, exclusion and discrimination. One of the main obstacles to the inclusion of children with disabilities in education is the negative attitudes of their families, community members, teachers and education officials, who often view children with disabilities as incapable of attending school.

Children with disabilities are often isolated within their societies and communities because of a mixture of shame, fear and ignorance about the causes and consequences of their impairment. The report found that community perceptions are the root causes of endemic violence and discrimination against girls and boys with disabilities. Three key factors are believed to influence the depth of stigma of individual children with disabilities - their gender, their impairment type and the severity of the impairment.

The research conducted by Plan in collaboration with the University of Toronto says that very little progress has been made to include children with disabilities in mainstream education despite legal commitments made by governments. Persistent challenges to inclusion range from inaccessible schools and the lack of accessible transportation for children with disabilities to the lack of suitably

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trained teachers, limited learning materials and difficulties for teachers and peers to communicate with children with sensory and intellectual impairments. Children with disabilities, especially girls, are highly vulnerable to physical, emotional and sexual abuse as well as neglect which affects their access to educational opportunities.

There is a lack of recognition in countries of the extent of this abuse.

Roland Angerer, ‘Kenya: Every Child Has a Right to Quality Education’ Opinion (May 14, 2014) <http://allafrica.com/stories/201405140858.html> Accessed May 16, 2014.

UNICEF URGES ADVANCEMENT OF MORE CHILDREN’S RIGHTS

Declaring that ‘every child counts’, the United Nations Children’s Fund (UNICEF), has urged greater effort and innovation to identify and address the gaps that prevent the most disadvantaged of the world’s 2.2 billion children from enjoying their rights. A report released by UNICEF highlights the importance of data in making progress for children and exposing the unequal access to services and protections that mars the lives of so many.

The report noted that in Nigeria, only 47% of people who live in rural areas have access to improved drinking water against 75% of people in the urban areas. The disparity continues even in HIV prevalence. Prevalence among young girls is 1.3% while only 0.7% among boys. Access to education shows some disparity too in favour of boys. Net enrolment rate for boys into primary school is 60% while for girls it is 55% while net attendance

is 72% of boys and 68% for girls.

Tremendous progress has been made since the Convention on the Rights of the Child (CRC) was signed in 1989 and in the run up to the culmination of the Millennium Development Goals in 2015. UNICEF’s flagship report, The State of the World’s Children 2014 in Numbers shows that: - Some 90 million children who would have died before reaching the age of 5 if child mortality rates had stuck at their 1990 level have, instead, lived. In large measure, this is because of progress in delivering immunizations, health, and water and sanitation services.

- Improvements in nutrition have led to a 37 per cent drop in stunting since 1990.

- Primary school enrolment has increased, even in the least developed countries: Whereas in 1990 only 53 in 100 children in those countries gained school admission, by 2011 the number had improved to 81 in 100.

Even so, the statistics in the report, titled “Every Child Counts: Revealing disparities, advancing children’s rights,” also bear witness to ongoing violations of children’s rights: - Some 6.6 million children under 5 years of age died in 2012, mostly from preventable causes, in violation of their fundamental right to survive and develop.

- 15 per cent of the world’s children are put to work that compromises their right to protection from economic exploitation and infringes on their right to learn and play.

- 11 per cent of girls are married before they turn 15, jeopardizing their rights to health, education and protection.

Data also reveal gaps and inequities, showing the gains of development are unevenly distributed: - The world’s poorest children are nearly three (2.7) times less likely than the richest ones to have a skilled attendant at their birth, leaving them and their mothers at increased risk of birth-related complications.

The report notes that “being counted makes children visible, and this act of recognition makes it possible to address their needs and advance their rights.” It adds that innovations in data collection, analysis and dissemination are making

it possible to disaggregate data by such factors as location, wealth, sex, and ethnic or disability status, to include children who have been excluded or overlooked by broad averages. The report urges increased investment in innovations that right the wrong of exclusion. “Overcoming exclusion begins with inclusive data. To improve the reach, availability and reliability of data on the deprivations with which children and their families contend, the tools of collection and analysis are constantly being modified – and new ones are being developed. This will require sustained investment and commitment,” the report stated.

Godwin Haruna, UNICEF Urges Advancement of More Children’s Rights (This Day Newspaper, 6 February, 2014) <http://www.thisdaylive.com/articles/unicef-urgesadvancement-of-more-children-s-rights/170668/> Accessed on May 20, 2014

LAW ON SEXUAL VIOLENCE AGAINST WOMEN ON THE WAY The Chairman, Senate Committee on Women Affairs and Youths Matters, Senator Helen Esuene, said that bill on sexual violence and harassment

against women would soon be passed by the Senate. Esuene, representing Akwa Ibom South senatorial district, stated this at the inauguration of the National Executive Council of Ibom Consolidated Assembly (ICA), in Uyo, Akwa Ibom State. She said the bill is seeking to address the issue of rape and make it easier for the victims to come out to report. “There is a bill currently in the Senate on sexual violence against women. It is supposed to address the issue of rape, to make it easier for victims to come out to report,’’ Esuene said.

She said the bill, when passed, would

create provision for victims of rape to seek justice and the perpetrators to be properly punished. Esuene described rape against women and girls as “really unfortunate and very sad.” “The issue of rape on women is very unfortunate because it is one crime that shouldn’t be since there are more women than men, why should a man rape a woman or a girl that he shouldn’t even go near. “The laws are there but for the inhibition people have. Rape victims are already traumatised and often times scared to even go to report at the police stations,’’ she said.

Esuene regretted that the already existing laws had also made it very difficult for a rape victim to report and seek justice. “The laws as we have them is not enabling at all because it makes it very difficult for the rape victim to go and report, because the victim will be asked all manner of questions and because of that, they don’t even want to bother. “If we don’t report and make the victim to pay according to law, then the crime will continue and increase,’’ she stated.

Esuene said that bills in the national assembly were not delayed, saying that bills involved gradual processes. “The process of law making is very gradual and is not one stuff thing. One bill has to go through three readings in one house, then it is taken to the other house and it will have to go through three readings. “And then you must have a public hearing on it before the two houses (the representatives and the Senate) will now have a consensus bill which will again be passed by each of them before it will be assumed to be passed. “It is a very long drawn out process; unfortunately that is why we have bicameral legislature, if it was just one house then the process will be shortened,’’ she said. Esuene said that democracy had come to stay in Nigeria as the country would soon celebrates 15 years of uninterrupted democracy. The lawmaker said that the National Assembly was a symbol of democratic governance, and urged Nigerians not to lose faith in the system.

“Democracy is a partnership with the

people that is why it will continue to excel and grow in Nigeria. ‘’Whatever you see now that may not be to our delight is because the democracy is still new and fresh “Nigeria is celebrating its centenary of 100 years as a nation, it is time that we start doing thing slightly differently, we cannot continue to be a baby at 100 years,’’ Esuene said.

Okon Bassey, ‘Law on Sexual Violence against Women on the Way’ (This Day Newspaper, April 7, 2014) <http://www.thisdaylive.com/articles/law-on-sexualviolence-against-women-on-the-way/175571/> Accessed May 20, 2014

SUPREME COURT UPHOLDS RIGHT OF FEMALE CHILD TO INHERIT PROPERTIES IN IGBOLAND

The Supreme Court has voided the Igbo law and custom, which forbid a female from inheriting her late father’s estate, on the grounds that it is discriminatory and conflicts with the provision of the constitution.

The court held that the practice conflicted with section 42 (1) (a) and (2) of the 1999 Constitution. The judgment was on the appeal marked: SC.224/2004 filed by Mrs. Lois Chituru Ukeje (wife of the late Lazarus Ogbonna Ukeje) and their son, Enyinnaya Lazarus Ukeje against Mrs. Cladys Ada Ukeje (the deceased’s daughter). Cladys had sued the deceased’s wife and son before the Lagos High Court, claiming to be one of the deceased’s children and sought to be included among those to administer their deceased’s father’s estate.

The trial court found that she was a daughter to the deceased and that she was qualified to benefit from the estate of their father who died intestate in Lagos in1981. The Court of Appeal,

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Lagos to which Mrs. Lois Ukeje and Enyinnaya Ukeje appealed, upheld the decision of the trail court, prompting them to appeal to the Supreme Court. In its judgment, the Supreme Court held that the Court of Appeal, Lagos was right to have voided the Igbo’s native law and custom that disinherit female children.

Justice Bode Rhodes-Vivour, who read the lead judgment, held that “no matter the circumstances of the birth of a female child, such a child is entitled to an inheritance from her later father’s estate. “Consequently, the Igbo customary law, which disentitles a female child from partaking in the sharing of her deceased father’s estate is breach of Section 42(1) and (2) of the Constitution, a fundamental rights provision guaranteed to every Nigerian.

“The said discriminatory customary law is void as it conflicts with Section 42(1) and (2) of the Constitution. In the light of all that I have been saying, the appeal is dismissed. In the spirit of reconciliation, parties to bear their own costs,” Justice Rhodes-Vivour said.

Justices Walter Samuel Nkanu Onnoghen, Clara Bata Ogunbiyi, Kumai Bayang Aka’ahs and John Inyang Okoro, who were part of the panel that heard the appeal, agreed with the lead judgment Tobi Soniyi, ‘Supreme Court Upholds Right of Female Child to Inherit Properties in Igboland’ (This Day Newspaper, April 15, 2014)<http://www.thisdaylive.com/ articles/supreme-court-upholds-right-of-female-child-toinherit-properties-inigboland/176214/> Accessed May 20, 2014.

FATHERS’ DAY - INDIA: DIVORCE DADS FIGHT FOR TIME WITH KIDS The Children’s Rights Initiative for Shared Parenting is fighting for the rights of divorced fathers demanding

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immediate and equal access to the children. They will urge the new NDA government to roll back the ‘no-fault divorce law’, and for this, the organisation is going to launch a signature campaign, which is to be signed by over 5,000 people across the country. It will be submitted, along with a representation, to the Prime Minister of India, for unbiased laws to protect the interest of the fathers.

“Society views a divorced, separate father as an ATM. Thousands of fathers across the country are not allowed to see their own children for months and years, nor are they allowed to spend some quality time with them. Children have become a bargaining tool for a few greedy women to extort money and property,” said Kumar Jahagirdar, founder, Children’s Rights Initiative for Shared Parenting.

A panel consisting of victims, a counsellor and members of the organisation spoke on various issues that a divorced father faces and how this act of giving custody to the mother and then not giving the father any freedom to meet his child whenever he or the child desires, can affect the child. “Children of divorced parents, especially, who lack parenting of either the father or mother, are vulnerable to behavioural disorders and depression,” said Rukma Chary, family counselor.

“The sole reason why I took up this cause and left my IT job is because I want to fight and earn back the right of a father,” Mr. Chary added.

Most of the victims have not met their children for a few years, and if they, did it, was just once or twice a year for an hour or two. Fathers claim that the mothers are misusing the IPC 498A Act and harassing the fathers both emotionally and financially. Madhu Tripathi, an engineer, said, “I remember when I was at the court with my wife and daughter on one of the hearing days and my daughter asked me to take her out somewhere. I had to misguide my wife and abscond with my daughter just to spend some time with her. Later, when the police was informed, I was taken back to the court”.

“Shared parenting should be made mandatory so that the child does not suffer. Courts are generous when

women demand something, but not when men do. The judiciary system is biased and there is no emotional empathy shown towards men”, said M.L. Agarwal, an industrialist.

Bhagyashree Tarke, Deccan Chronicle, June 23, 2014 <http://www.deccanchronicle.com/140622/nationcurrent-affairs/article/divorcee-fathers-fight-timekids>Accessed June 23, 2014

NIGERIA: EVERYDAY IS CHILDREN’S DAY

We delight in ceremonies. We also like the headlines. The vogue is support for the abducted school girls of Chibok.

Once they are released, Nigerians would relapse to the child abuse mode the country runs on full time. Nowhere is the hypocrisy of Nigerian governments more prominent than in the abuse of the child. Our attention for children consists of saying a few “right words” at the “right occasions”. We always hear those empty words on Children’s Day. Does anyone mention the rights of our children - our future - as debates rage about the future of Nigeria? Nothing shows the neglect of the future better than the reluctance of some States to implement the Child Rights Act, 11 years after it became law. The illegality of various State Houses of Assembly having to pass or reject a federal law is one case our fiery lawyers shun.

The CRA has, as one of its goals, the elimination, or at least reduction of child labour. Child labourers are house helps, apprentices, hawkers,

street traders, market/shop assistants, bus conductors, motor-park touts, ‘porters’, beggars for themselves or aides to adult beggars. Section 28 of the Act states, “No child shall be (a) Subjected to any forced or exploitative labour; or (b) Employed to work in any capacity except where he is employed by a member of his family on light work of an agricultural, horticultural or domestic character; or (c) Required, in any case to lift, carry or move anything so heavy as likely to adversely affect

are in the Criminal and Penal Codes, though they are hardly enforced.

Why is the National Assembly silent about this assault on its authority?

The height of the hypocrisy is that Governors whose States have refused to implement child’s rights join in trumpeting the importance of children to our future. We have to halt the national hypocrisy of building a future that ignores our children. Children’s Day should be daily care we ordain for our children, our future.

Vanguard Newspaper, May 27, 2014 <http://allafrica.com/stories/201405270126.html> Accessed May 28, 2014

A PUSH BY KENYA’S PRESIDENT AND MALE-DOMINATED PARLIAMENT TO OVERHAUL MARRIAGE BODES ILL FOR THE NATION’S WIVES, SOCIALLY AND ECONOMICALLY.

his physical, mental, spiritual, moral or social development; or (d) Employed as a domestic help outside his home or family environment.” Subsections (3) and (4) of that same section prescribe a fine of N50, 000 or five years’ imprisonment or both, for individual offenders while a corporate organisation and its members would be liable on conviction to a fine of N250, 000.

CRA also prohibits child marriages and betrothals. In Section 21, any marriage contracted by anyone under 18 years is invalid. Under Section 22: “(1) No parent, guardian or any other person shall betroth a child to any person.

(2) A betrothal in contravention of subsection (1) of this section is null and void.”

Both provisions

President Uhuru Kenyatta signed a new marriage law that drastically restricts the rights of women in wedlock.

Human rights advocates are condemning the law, which grants men the right to marry a second, third or even fourth wife without the previous wives’ permission. Currently, certain traditions allow men to take multiple wives, but only if he first gains their approval. There is no law that allows women to take multiple husbands.

“When you marry an African woman, she must know the second one is on the way, and a third wife… this is Africa,” National Assembly member Junet Mohammed said during deliberations

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by parliament, whose members are 81 percent men. “Parliament has discovered it has this ability to formulate laws that serve its interest,” said Tom Odhiambo, professor of cultural studies at the University of Nairobi. “Because many (members of parliament) are married to women whose social status and education level is below theirs, they can always go home and say “the Constitution allows me to marry a second wife.”

Just four years ago, human rights groups applauded Kenya after it ratified a new, progressive constitution in 2010. But the country’s legislators have been reluctant to pass laws that conform to that landmark document.

“Article 45 (3) of the Constitution states that Parties to a marriage are entitled to equal rights at the time of marriage, during the marriage and at the dissolution of the marriage.

There is urgent need to bring those laws and customs in conformity with the constitution,” wrote the Kenya Federation of Women Lawyers (FIDA) in a recent memorandum on the Marriage Act. After parliament passed the regulation, Kenyans waited for nearly one month to see whether President Kenyatta — who stands accused before the International Criminal Court of committing crimes against humanity during Kenya’s violent 2007-2008 Presidential election — would risk further soiling his human rights image by signing it into law.

Christian and Hindu leaders joined human rights advocates in calling on Kenyatta to veto the Act, saying polygamy violates their religious edicts.

In Kenya, marriage has always been legally complex: The 2010 Constitution establishes different rules for different types of marriages — not only common law marriages and “registrar” (courtroom) ones, but also marriage rites for people of different religions including Christians, Muslims and Hindus.

FIDA is trying to drum up

support for a domestic violence bill that would allow courts to issue restraining orders and other protections on behalf of abused wives. But women’s rights leaders are also beginning to focus their attention beyond the physical and social aspects of marriage toward its financial implications. FIDA has helped draft a Matrimonial Property Bill that would ensure that wives in polygamous marriages retain their own share of their family’s property and other assets when their husbands take a new wife. Currently, the legal burden rests upon the wife to demonstrate that she has a financial stake in the household in order to retain some assets in the event of a separation.“The problem for women,” says Mogeni, is that “a third party is also impacting on your property. Once a man has a child with another woman, that child is entitled to your property. It’s economical, even more so than social.”

Mogeni says many women don’t know how to lay claim to those assets during a separation and can’t afford to hire an attorney. At the core of Kenya’s marriage debate is the question of individual rights. Is it a man’s right to take a second wife against the will of his first? Does the first wife retain the right not to share her assets with the second? When a woman exchanges her vows does she give up her right to refuse sex? And if she does refuse and is physically punished for it by her husband, would it be a violation of the couple’s right to privacy for the government to intervene? In Kenya, the debate over marriage rights is far from over, with several bills pending in parliamentary committee this year.

Jacob Kushner, Mint Press News, May 3, 2014 http:// www.mintpressnews.com/kenya-redefines-marriageblow-womens-rights/190042/ Accessed May 6, 2014.

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GROWING GREY AND STRONG EVOLVING A ROBUST LEGAL FRAMEWORK FOR ELDERLY CARE AND PROTECTION IN NIGERIA: Chinedu Ihenetu-Geoffery, Esq.

Introduction

All across the world and in all entities known to man, numerous elderly care laws are constantly being enacted to facilitate accessible, equitable and affordable services to older persons and to empower older persons to continue to live meaningfully in societies that recognize them as important sources of knowledge, wisdom and expertise; from Asia to America; Europe to Australia, including Africa. It is however a lesson in shame that apart from a few trickles of legislative attempts, there exist a dearth of laws for the care and protection of elderly in Nigeria.

Commentators have famously referred to Nigeria as having the largest number of elderly people, south of the Sahara, who are above 60 years of age on the back of being Africaâ&#x20AC;&#x2122;s most populous nation. This statement is true when one considers that on the average, it is estimated that by 2015, there will be 64.6 million elderly people in the world, with the figure expected to rise to 103 million in 2030 and 205 million by 2050.

In the light of the above, it is imperative for Nigeria to seriously rethink its social policy legislations and strive for a robust legal framework for the protection, dignity, care and security of elderly persons and the aged.This piece clearly brings to the fore that given her economic potentials and overwhelming number of elderly and aged persons, Nigeria must of necessity, consider structuring a formidable legal framework to salvage the social security needs and protection of elderly and aged persons. In this wise, she may glean

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from legal formulae adopted by selected countries from various continents of the world.

Senior Care in Nigeria: Examining Legislative Gaps

Before 2009, there were little or no legislative activities in elderly care in Nigeria. This situation is rather unacceptable in recent times given that old people constitute one of the most substantial sectors of the poor society.

The Nigerian law has, at best, been blind to significant social and demographic changes in the country.

Throughout the years, no legislation (albeit the trickles of legislative attempts - Bill for an Act to establish a National Centre for Elderly Persons for Developmental Programmes and Activities for the Advancement of Elderly persons in Nigeria which was sponsored by Senator Ganiyu Solomon of the Action Congress, Lagos State was passed on July 14, 2009] and a Bill for an Act to provide Social Security for Unemployed Graduates and the Aged in Nigeria [a Bill sponsored by Senator Anyim Ude of the Peopleâ&#x20AC;&#x2122;s Democratic Party in 2010]) or judicial pronouncements have addressed the legal needs of the ageing in Nigeria.

Beyond the foregoing, elderly care legislations have become more pertinent than ever for the following threefold reasons. First, on the universal level, elderly care legislations are aimed at preventing poverty and distress among the old by establishing systems that ensure minimum incomes which will afford every old person a minimum standard of living, regardless of their living standard

before attaining old age.

Second, on the national level, a robust regulatory framework for the elderly would guarantee the right of old persons to continue to enjoy their former status while preventing a sharp decline in standards of living with their coming of age through maintenance of reasonable relationships between incomes earned before and after retirement. The above is far more crucial than ever before, especially due to the non-justiciability of the rights of elderly persons as guaranteed under Section 16 (2)(d) of Chapter Two (Fundamental Objectives and Directive Principles of State Policies) of the Constitution of the Federal Republic of Nigeria 1999. Third, on the individual level, an effective and efficient legal regime for elderly care would make it possible for everybody to continue to earn a living, provide themselves at a younger age and effectively enjoy the fruits of their labor in old age.

In the wake of this dire need, a brief examination of several legislative attempts and models adopted by a number of countries in selected jurisdictions would be considered in this piece, detailing proactive steps taken by these countries in providing enabling environments for efficient and effective elderly care.

Elderly Care Legislation Models Across Jurisdictions – Lessons Learnt A number of legislative tools adopted by different countries in addressing growing concerns about elderly care, especially in the latter part of the 20th century and more frequently in the 21st century, are still in the toolbox today, as useful now, as they were then.

In the USA, particularly at the federal level, the Elder Protection and Abuse Prevention Act of 2012, which amended the Older Americans Act of 1965 was enacted to authorize federal assistance to State adult protective services programmes. The aim of this legislation is the efficient and effective protection and care for the elderly.

Whilst it may seem that traditional and cultural values in Africa supports the view that Africans are reluctant to let go of their aged parents to join the company of other elderly persons in specific elderly care homes, the activities of South Africa indeed suggests the contrary. South Africa enacted the Older Persons Act (OPA) with its over-arching objectives being the creation of an enabling and supportive environment for older persons and promoting the rights of older persons as guaranteed in South Africa’s Constitution. In Zimbabwe (reputed as having made one of the leading contributions on the elderly care in Africa), the Older Persons Act provides for the social protection and care for elderly persons and makes provisions for funding for older persons.

From the lessons garnered from these countries, Nigeria can effectively surmount the elderly care siege.

Thus, given the non-justiciability handicap created by the Constitution, guaranteeing the rights of elderly persons could effectively be achieved through enactment of legislations.

Investing in Nigeria’s Grey and Old: Challenges and Prospects Nigeria’s changing demographics offer immense opportunities for huge investments, but a lack of formidable legal framework and clear government

guidelines may hinder these investment potentials. The grey and old care market in Nigeria represents massive business opportunities that have remained untapped for far too long. If elderly care and protection issues in Nigeria are not addressed, the sheer number of Nigerians who grow older without care-giving options could become both an insurmountable economic drain as well as a potential source of social instability.

Given that Nigeria’s grey and old market is hugely populated, investing in elderly care remains not just an interesting prospect but also a promising opportunity. If scalable and profitable business models emerge, the country could quickly become one of the world’s most lucrative markets for elderly care companies.

Expected Challenges

Nigeria is hungry for a solution to this problem and foreign elderly care investors and operators are eager to prove they can export their approaches to Nigeria. However, before this is achieved, there is need to address a few challenges associated with elderly care in Nigeria, from perceived value concerns to government’s degree of involvement; from licensing concerns for service providers to human resource challenges. In spite of these numerous challenges, we have constantly shown that at the worst moments of history, we have seen hope amidst ordeals.

Prospects

To say that Nigeria is never an ideal destination for significant eldercare investments would be rather harsh. In this wise, the Grey and Strong, a wonderful social welfare investment scheme specifically designed to cater for the elderly people in Africa championed by private investors, through the provision of various social benefits that come with membership and participation, is testament to fact that Nigeria possesses huge potentials for private investors.

The Scheme, amongst others, ensures a better life for people above the age of 40, by introducing social security and pro-

tection through the provision of basic needs and infrastructure for the elderly.

It also advocates against the neglect of senior citizens and ensures significant improvements in their standard of living. The welfare services offered by this scheme covers financial assistance, elderly care homes, health support, recreational zones, legal support, amongst others .

Conclusion

The future of Nigeria’s elderly care industry is bright particularly with respect to potential investments if the challenges pointed out above are sufficiently addressed. Difficult times such as these facing Nigeria’s elderly persons do not merely melt away in the warmth of an abstract feeling rather through a passionate desire for change. Experience has shown plainly enough that foreign investment is not a magic lamp that automatically invokes benign economic genii, rather it flows into an environment garnished with transparent and robust legal regimes. Wisely directed, investment in elderly care in Nigeria, given her intimidating older persons’ statistics, can bring fair returns to the investor and great benefits to Nigerians. For these significant investments to be made, the enabling regulatory framework must first be put in place. *Mr. Ihenetu-Geoffery is an Associate in the law firm of Olaniwun Ajayi LP

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THE RIGHT OF THE NIGERIAN GIRL-CHILD TO LIFE OLUSEGUN MABAWONKU ABSTRACT

This paper examines issues regarding the well being of Nigerian girl-child. It is an appraisal of how to challenge the status-quo relating to life threats and challenges faced by female children in Nigeria which varies from pregnancy to child maintenance and adulthood. It also delves into an overview of international treaties (which Nigeria has ratified), municipal laws relating to a child’s right to life, and their applicability in Nigeria.

THE TERM: “RIGHT TO LIFE”

The right to life is an inalienable right that encompasses other fundamental rights. Article 4, of the African Charter on Human and Peoples’ Rights , expounding on the importance of the right to life, provides thus; “Human beings are inviolable, every human being shall be entitled to respect for his life and the integrity of his person.

No one may arbitrarily be deprived of his right.”

“Human beings” as used here, proves that there is no age classification as such even the fetus in the womb of a pregnant woman, has a right to live. A fetus is considered to be living when it’s about 24-28 weeks of development.

Therefore, the removal of a fetus from the uterus after 24 weeks amounts to an infringement on the right of that fetus to life. The law criminalizes this as provided for in Section 228 of the Criminal Code (applicable in the southern part of Nigeria) and also regards an attempt to procure abortion a felony, unless done to save the life of the mother. To buttress this, Sections 232- 236 of the Penal Code (applicable in the Northern part of Nigeria) clearly makes aborting or aiding miscarriage of the fetus a punishable offence. Also, Section 17(10) of the Child Rights

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omabwonku@gmail.com

Act protects an unborn child and gives room for claiming damages against a person, for harm or injury caused to the child willfully, recklessly, negatively or through neglect before, during or after the birth of that child, . A detailed study of the above statutory and judicial authorities supports the claim that a child’s right to survival commences even before his birth because terminating pregnancy amounts to interference with right to life.

Although Section 33 (1) of the 1999 Constitution of Federal Republic of Nigeria, as amended, states that “every person has a right to life and no one shall be deprived intentionally of his rights, save in execution of the sentence of a court in respect of offence which he has been found guilty in Nigeria” the law allowed some exceptions for the benefit of the child.

In addition, Article 5(3) of the Charter on the Rights and Welfare of a Child , defines a child as one below the age of 18, who cannot be deprived of his right to life irrespective of the crime committed. In the case of R. v. Bangaza, the Supreme Court while interpreting the provisions of section 319 (2) of the Criminal Code in respect of the age of the offender held that the relevant age is the age at the time of conviction and not the age at the commission of the offence.

Also, the right to life does not only mean being alive physically but also includes all essential rights, for example right to education, right to a decent standard of living, freedom of movement, right to equal employment opportunity, etc.

Article 3 of the Universal Declaration on Human Rights states that “everyone has a right to life, liberty and security of person”. Furthermore, Article 25 of the

Universal Declaration on Human Rights also states that: (1) Everyone has the right to a standard of living, adequate for the health and well being of himself and his family including food, clothing, housing and medical care.

(2) All children born in or out of wedlock shall enjoy the same social protection.

However, the child’s right to life is being violated daily with no one enforcing the provisions of the law against the offenders.

GENDER EQUALITY

With regards to sex, it is undisputable that in this part of the world, females are discriminated against and marginalized.

Discrimination is defined as “an unfair treatment or denial of normal privileges to persons because of their race, sex, age, nationality or religion (emphasis mine).

The Convention on the Elimination of All Forms of Discrimination Against Women states that discrimination against women is “any distinction, exclusion or restriction made on the basis of sex which has the effect or purpose of impairing or nullifying the recognition, enjoyment or exercise by women irrespective of their marital status on a basis of equality of men and women, of human rights and fundamental freedoms in the political economic, social, cultural, civil or any other fields.”

Article 2 of the Universal Declaration of Human Rights guarantees that everyone is entitled to all the rights and freedom in the declaration without distinction of any kind such as colour, sex, language, religion, political or other opinion, natural or social origin, property, birth or

other status.

Section 10 of the Child Rights Act, protects a child from discrimination by reason of his sex, religion community, etc. nor deprivation merely by reason of the circumstances of his birth. Legally therefore, the right of females in Nigeria would seem to be equally guaranteed as to that of their male counterparts, and beyond this, the Nigerian government having ratified and domesticated most of these laws has an obligation to ensure its enforcement. It is however saddening that despite the existence of these laws, there is still some level of discrimination.

Here are some of the adverse effects of discrimination on the female gender: Early pregnancy which often leads to a complicated birth resulting in prolonged labour which can cause death or result in V.V.F. (VesicoVaginal Fistula) which over 12,000 women suffer from annually in Nigeria : This is due to the immaturity of the female child before being given out in marriage. The provisions of Sections 21 & 22 of the Child Rights Act makes it an offence against the person or her guardian to marry before the age of 18 years..

Another aspect is the barbaric culture of Female Genital Mutilation where partial or total removal of the female external genital is carried out, which results in injury to the victim.

INHERITANCE

This is where Nigerian custom encourages discrimination on females with regards to inheritance. It’s regarded as a taboo for a female child to take part in the sharing of her father’s property.

Instead, the property may be allocated to the father’s younger brother.

Worthy of note are Sections 353 and 360 of the Criminal Code which are examples of where the law itself discriminates against female gender.

While making indecent assault against a male in Section 363 is a felony punishable with three (3) years imprisonment, an indecent assault against a female is a mere misdemeanor punishable with the imprisonment of two years.

EDUCATION

The Universal Declaration on Human Rights (UDHR) 1948, the International Covenant on Economic Social and Cultural Right (ICESCR) 1966 and the Convention on the Rights of The Child (CRC) 1989 all constitute the International Bill of Human Rights.

Collectively, they provide for the right of education on a global level.

The CRC which Nigeria has ratified reaffirms the right of every child to free and compulsory primary schooling, and states further that higher level education shall be accessible to all without discrimination of any kind. (Articles 28, 29, 30, and 31 of the CRC). This Act also protects children from exploitative work that might hinder their education.

In addition, Section 18 of the 1999 Constitution of the Federal Republic of Nigeria, as amended, states that government shall strive to eradicate illiteracy and shall as at when practicable provide free education at all levels. In realization of this, the Universal Basic Education (UBE) programme was introduced through the UBE Act 2004 to replace the earlier Universal Primary Education programme.

Section 2 (1) of the Compulsory, Free Universal Basic Education Act 2004, to which section 15(1) of the Childs Right Act complements, allows every child a free and compulsory education which should be the duty of the Nigerian government to provide.

The denial of the right of education for the girl-child is common in Africa. An example is Botswana, where part of the regulation of the teachers training college requires a female student to immediately inform the college if she becomes pregnant. Consequently, such a student will be expelled from the college. The court has held that this policy amounts to discrimination against married female students while their male counterparts who impregnate the female students are left unpunished.

However, Section 15 (5) of the Child Rights Act protects a female child who becomes pregnant before

completing her education and gives her the opportunities to continue after marriage, EMPLOYMENT

These discriminations affect the socio economic profile of women in no small measure. A classical example is Section 122 of the Police Act which stipulates that police women recruited to the general duties branch of the force may in order to ‘relieve male officers from those duties’ be employed in clerical, telephone and office orderly duties. What then can be said when these inhumane acts are being backed up by statutory regulations, thereby appearing to be established legal norms which become unquestionable.

It’s therefore my candid opinion that the marginalization of women contribute to the poverty and underdevelopment the Nigerian society is experiencing.

CONCLUSION

In conclusion, recognizing the rights of the females is very crucial to economic empowerment, societal enhancement and stability. Since the world has become a global village, no country can stand in isolation. It would be of immense good, if Nigeria as a country works towards enforcement of the already ratified and enacted legislation. *Olusegun Mabawonku is a 3rd year law student at the Lagos State University, Ojo.

ENDNOTES 981/86 Jane Roe v. Henry Wade 410(1973) U.S. pg. 159 Cap 38 Laws of Federation, 2004 Passed by the National Assembly on the 1st of July 2003 C.O.P v. Modebe (1980) 1 NCR 367 Entered into force on Nov. 29, l999 (1960) 5 F.S.C 1958 Cap C 38, LFN 2004 Adopted by the General Assembly of the United Nations on December 10, 1948 Bryan A. Garner (ed), Black’s Law Dictionary (9th edition, West, 2009) CUN DOC, A/RES/34/180 Vanguard Newspaper, 20 July, 2013 2004 Cap 35 Laws of Federation 1990 Lagos State University Law Journal Volume: IV issue 2 (2002) pp. 1- 233 published by: Faculty Of Law, Lagos State University.

Volume: V issue 1 (2007) 1166.

Volume: VIII No. 1 (May/June 2010).

Volume: VII N0. 2 & 3 (Dec 2011/Jan 2012) University of Ibadan Law Journal Volume: 1 No. 1 (Oct 2011) published by: Ibadan University Press Publishing House.

Volume: 1 No. 2 (Dec 2011).

Advocacy for FHR & ACPR (by Hyginus Ogochukwu Monyei) 21st Century Chambers Dictionary Black’s Law Dictionary 9th edition Child Rights Act 2004 Laws of the Federation 1960 - 2010 Volume 13

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