Female Genital Mutilation which involves the partial or total removal of the external female genital organ or other injury to it has no doubt remained a persistent nuisance for most African Countries, Nigeria inclusive.
This practice, usually carried out by inexperienced women with crude implements, has continued to cause mental and physical depression, pain, painful intercourse due to scar tissue blocking the vagina and labour complications from excessive scar tissue, permanent disabilities and even deaths of numerous females in Nigeria.
From the puberty rites of tradition to the desire to prevent promiscuity in females, personal hygiene etc, so many reasons has been advanced by proponents of this act to justify their deed. To them, the excruciating pains suffered by their patients who are neither given antibiotics or anesthesia is a little price for the ‘protection’ guaranteed by the process.
In Nigeria, the commitment of the Government does not go beyond the papers as there are no federal laws outlawing this barbaric custom. The country thus remains one of the 27 countries in Africa where Female Genital Mutilation is still practiced. This is despite the fact that Section 34(1) (a) of the 1999 Constitution of the Federal Republic of Nigeria states ‘no person shall be subjected to torture or inhuman or degrading treatment’.
In 2002, the legislative arm of the Country attempted to pass a law prohibiting Female Genital Mutilation. This anticipated law proposes a two years imprisonment jail term or an option of 15,000 naira (100 dollar) for the offender. However, like all other women rights bill, this bill has remained what it is since 2002, just an attempt.
Again, I am asking when will this lip service to women’s rights end?
By Colin Robinson, CAISO: Coalition Advocating for Inclusion of Sexual Orientation, Trinidad and Tobago
Anybody? Questions of sexual citizenship cross-cut virtually every one of the eight topics on which CPF will focus. It’s just frankly impossible to “realise someone’s potential”, to borrow the theme of the last Forum, while stifling the expression of their sexuality or gender.
Human Rights: Sexuality and sexual identity is one area where human rights protections are weakest and where both civil, social, economic and other rights are flagrantly violated. Recognition of gender identity-related rights is far behind.
Economic Development: Discrimination and social stigma against those whose sexual practices or gender expression is non-normative make them especially vulnerable to economic marginalisation and force them into participation in shady and criminalised sectors of the economy.
Environment: The quest for sexual autonomy powerfully drives migration across borders as well as into urban areas.
Gender: At the core of state regulation of sexual orientation and gender identity is the goal of tightly policing the roles that particular genders should play. What is worse, as in the case of Trinidad & Tobago, is when states then explicitly exclude these clear questions of gender from their policies for gender and development.
HIV: Across the Commonwealth, criminalisation of same-sex behaviour diminishes access to information, services and support for those who practise it, and has contributed to significantly higher rates of HIV among men who desire and have sex with other men (MDSM). Pressure to practise heterosexuality also increases the challenge of controlling local epidemics, by increasing the likelihood of epidemics concentrated among MDSM feeding more generalised epidemics.
Women’s organisations need the People’s Forum to share, strategise and take collective action. It was fought for so that citizens of the Commonwealth could create open, fair and non-partisan dialogue and wide participation. In this space for civic dialogue, women must continually remind citizens and states of the Commonwealth what they want from the CHOGM process and the Commonwealth community.
1.State commitments are not made real until there are budgetary funds and institutional resources put to their implementation. Gender responsive budgeting must be transparently applied so that women and girls, and subordinated groups of men and boys are not left behind. This is not practiced in Trinidad and Tobago, but it defines true leadership on achieving real democracy and poverty eradication. CHOGM 2009, step up!
2.Women’s issues are all issues, not just those that seem specific to one sex or gendered experience. Equality, equity and empowerment must underlie Commonwealth governments’ action on all the MDGs, especially MDG # 7: Ensuring Environmental Sustainability. Its achievement requires publicly accessible, cost-benefit analyses that holistically account for the impact of heavy industrialization on communities, ecosystems, family health, natural resources, public utilities and gender relations. Securing a say in transparent, accountable and sustainable development is exactly the struggle of local women fighting against a future aluminum smelter. CHOGM 2009, we are watching!
It seems, judging from the topics presented on this forum, that the whole issue of gender affairs and women’s rights will be a call for action by the CHOGM in Trinidad and Tobago next month. We have read the stirring comments from Adepeju Mabadeje and lately, Dr. Gabrielle Hosein. I feel that government heads who are attending this meeting should better be prepared to listen to the loud calls for real action on women’s issues that are constantly swept under the carpet.
The issue of abortion rights is going to be back with a bang this time. Significant percentages of populations in developing and underdeveloped countries are calling for abortions to be legalised. In these countries, it seems that governments simply do not want to deal with the matter. So, the poor woman with an unwanted pregnancy is left alone with a big, very serious problem. Where will she turn? To someone who will perform an abortion with no kind words and no support. Is this right? ‘Mistakes’ can happen to anyone and indeed they happen quite often. It is time for the powers that be to listen! To bring a child into this world is the easy part. Bringing up the child is incredibly challenging for the poor and even the not so poor. You must have heard of parents who sell their children to survive in India.
More financial assistance must be given to the Family Planning Associations in developing countries and these should be headed by women. Women in difficult situations must have a place to turn and a supportive and soothing voice to guide them in these times.
Other issues not addressed sufficiently include sexual abuse, violence of the worst kind and low pay packets coupled with oppressive work conditions.
Heads of State must seriously address issues such as sex work, unsafe abortion and sexual orientation. These are all part of women’s ability to make safe, healthy and equitable choices about their bodies, sexualities, fertility and lives as women, partners, workers and mothers.
Heads of Government might pay both lip service and funds to counter stigma and discrimination surrounding HIV\AIDS, but sexual health, reproductive health, sexual rights and reproductive rights also need open, non-judgmental acknowledgement that public health issues such as maternal mortality and morbidity are fundamentally linked to lack of access to appropriate contraception and unsafe abortion. They are also linked to larger issues of gender equality and equity, women’s economic and political participation, and freedom from gender based violence.
The first is the Commonwealth Plan of Action for Gender Equality 2005 – 2015. The Plan of Action calls for “the promotion of reproductive and sexual health and rights…as a means to achieving the MDGs” (3.49, ii). From this, we see a commitment to which every government including the Government of Trinidad and Tobago must be held accountable.
Second are the relevant Millennium Development Goals (MDGs). MDGs still need to comprehensively move from paper to policy to public funds. MDG # 5 calls for improvement to maternal health. Given that more than 3000 women in Trinidad and Tobago end up in public hospitals due to complications from unsafe abortions, CHOGM and the national government need to use such data to actually inform relevant and effective policy and action.
From domestic violence to emotional and psychological abuse, sexual harassment, rape, trafficking, forced prostitution and some widowhood rites, violence against women has become a universal act cutting across different cultures, traditions, ethnic and religious barriers.
Although Section 42 of the 1999 Constitution of the Federal Republic of Nigeria states explicitly that
No citizen of Nigeria shall be discriminated against on bases of community, religion, circumstances of birth, political opinion and sex, acts of violence against women have continued unabated.
The Nigerian law on the surface appears to give adequate protection to women. From the life imprisonment jail term for rapists to a seven years imprisonment term for women traffickers, the prohibition of trial by ordeal and excessive chastisement of women, the commitment of the Government cannot be faulted.
These law and penalties nonetheless, some traditions still permits a husband to chastise his wife for “failing to perform her duties”, “laziness”, “wastefulness” and “destructiveness” while others require the widow of a deceased to drink from the water used in washing her late husband’s corpse while swearing to an oath that she is not responsible for his death.
Within the law itself, various technicalities have made achieving justice a huge joke. In an allegation of rape for instance, the burden of proof of lack of consent is with the prosecution. This means that the victim herself has to prove she did not consent. This is often difficult to do, especially as these offences frequently take place where there are no witnesses. Also, Section 55 of the Penal Code condones wife beating by the husband where it is for the purpose of correcting her.
All these are really making me wonder, is the Nigerian law and tradition really offering any protection for the Nigerian women?
Unarguably, the laws relating to abortion in Nigeria are about the most restrictive in the world. This is because the combine provisions of Sections 228, 229 and 230 of the Criminal Code applicable in the South and Sections 232, 233 and 234 of the Penal Code applicable in the North allows for abortion only where the life of the mother is at risk.
To ensure the enforcement of this law, the Code exposes the provider of the abortion, the woman and the person who supplies the instruments for the abortion to a jail term of between 3 – 14 years.
The continued retention of this “obsolete” law which is a verbatim reproduction of the English Abortion Act of 1861 is not unconnected with the moral commitment and religious devotion of Nigerians. For the Moslems and Christians in Nigeria alike, killing of a foetus is a great sin. For others, it simply erodes our tradition.
Although our tradition finds it abominable, our laws forbids it, the Bible and the Quran frowns at it, it remains a truism that more respite is found in the breach of the abortion laws than its observance.
Every year, over 300,000 Nigerian women die of abortion related deaths.
Every year, there is a staggering increase in maternal deaths.
Every year, Nigeria continues to erode on the rights of the Nigerian women to determine what happens in her body.
Every year, this country compels its women to bring forth severely deformed babies without providing any national healthcare scheme or facilities to support them.
The question is, truthfully, is this law really worth keeping?
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based Network of NGOs for the Advancement of Women
Development Studies, Trinidad and Tobago
From domestic violence to emotional and psychological abuse, sexual harassment, rape, trafficking, forced prostitution and some widowhood rites, violence against women has become a universal act cutting across different cultures, traditions, ethnic and religious barriers.
