By Adepeju Mabadeje, Guest Writer.

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 Adepeju Mabadeje, Guest Writer.

The abuse of children has never ceased to be source of concern for many across the globe. From child labour to child begging, domestic violence, child prostitution and now the latest in Nigeria, ‘the child witch syndrome’.

Despite its penchant for corruption, Nigeria is no doubt a deeply spiritual nation. With churches and mosques in all street corners, poverty seems to be the greatest motivation for the citizens to draw closer to God while retaining the hope for a better tomorrow.

From the death of a child or close relative to the loss of employment by the father who has not less than nine children to cater for and the nose-diving fortunes of the family which leaves them without shelter, having to take solace in the church and keeps the children out of school, the list is indeed endless.

In the meantime, someone must be responsible for the poverty induced calamities and guess who? If you say the child, you can’t be wrong!

The scene is all too familiar; the distraught father goes running to a religious gathering in search for help. The religious head takes a deep breath, asks how many children he has, before transcending into the realm of spirituality. The result, an unfortunate child is handpicked and the race to get him to confess begins.

From severe beatings with broomsticks by several people, to being forced to take a gulp of acid, the adults would stop at nothing to get the little child to confess.

The mentality is appalling! It’s a sort of completion out there. If your pastor doesn’t find a child witch in your family despite series of calamity, then it is certain the Holy Spirit has departed from him!

This has prompted a state in Nigeria to enact a Law against handpicking children and labelling them as witches. The law promises a ten year jail term for anyone who subjects a child to inhuman treatment in the process of purporting to cure, purge or exorcise a child of witchcraft.

The question is: Are these children being offered enough protection under the law?

Your guess is as good as mine!

By Yasmin Esack, Guest Writer

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.

We have heard so much of the Commonwealth Action Plan for Gender equality 2005 and Millennium Development Goals. Now we have the CHOGM concept paper 2009.

At the end of the day, who is listening to our poor women?

Isn’t it time to support the legalisation of abortion?

By Colin Robinson, CAISO: Coalition Advocating for Inclusion of Sexual Orientation, Trinidad and Tobago

Hope? I grew up listening to my now 80-something-year-old mother’s lampoon of Empire Day. How she and her schoolmates would be “lined up in the hot sun” on Harris Promenade and made to sing “Land of Hope and Glory”. For which they were rewarded with “a hot sweet drink and a cold bun”. So I can’t help but wonder, with a similar inartfulness, to what extent CHOGM and the People’s Forum (CPF) have become modern-day Empire Days. When we’re all lined up to sing a postcolonial anthem of hope in human rights, democratic governance, international cooperation – and youth. Capped off by the passing around of some toothless sweet drink-and-bun resolutions.

But I have different reasons.

Sexual Citizenship. Issues of sexual citizenship are still greeted with ambivalence or hostility not just from Commonwealth governments. (Around 40 of them still criminalise non-normative sexuality.) This is also often the response when these issues get raised in civil society advocacy forums like the CPF. Unlike many other issues raised on this blog that highlight differences over analysis or strategy, or the challenge of political will for particular solutions, in the case of same-sex sexuality or of citizens who cross gender boundaries in their self-presentation, it becomes a question of the legitimacy of the issue itself, and the moral worth of the citizens raising it. At the Commonwealth People’s Space at the 2007 summit, local advocates for gay, lesbian, bisexual and transgender (GLBT) people report they were attacked, prevented from speaking as scheduled and ejected, then beaten by security forces outside. “This is crazy! The word ‘people’ officially lost meaning today. They’re plainly saying we’re not people”, one said. To paraphrase M. Jacqui Alexander, it seems “Not just any body” can be a Commonwealth citizen.

(Read more…)

By Dr. Gabrielle Jamela Hosein, The Institute of Gender and Development Studies, Trinidad and Tobago

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.

In the context of the Commonwealth Heads of Government Meeting being held in Trinidad and Tobago in 2009, there are three documents to which state officials, women’s rights advocates and scholars should refer when discussing SRHR.

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.

(Read more…)

By Adepeju Mabadeje, Guest Writer.

For years now, the issue of homosexuality across the globe has been not only contentious but also divisive. Different countries around the world have on behalf of their citizens made know their stand point on this controversial issue.

The diversity of opinions on the issue of homosexuality is remarkable as there appears to be no meeting point for all involved. From the religious perspective to the African traditional views through the lens of the law and the human rights angle, discordant analysis continues to trail this topic.

In Nigeria, homosexuality is frowned at by majority of the populace and punishable under some laws. For example, under the Sharia law which is applicable in 12 out of the 36 States of the Country, homosexuality is illegal and punishable with 100 lashes and one year imprisonment for unmarried men and death by stoning for married men and divorcees.

Last year, the Nigerian Government began the process of enacting a law that would prohibit sexual relationship between two persons of the same sex and the celebration of any marriage by them. The law extends its criminal ambit to include all persons who did, assist, presided over, witnessed or even cater such an occasion.

Human Rights activists have argued that this proposed law is a violation of the rights to sexual orientation of an individual just as the first gay church opens in Nigeria with the mission statement of bearing witness to the holy integration of spirituality and sexuality.

While I am neither a gay nor a fan of gays, the issue of human rights for gays must be examined dispassionately.

Our Constitution says every man has a right to self determination, autonomy of person and invariably, sexual orientation of his choice. So can you blame the gays from living within their constitutionally empowered rights?

<Blog ed note>: This issue raised alot of debate at the CPF 2007 in Uganda too. Here’s a link to one of the articles.

By Adepeju Mabadeje, Guest Writer.

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?

HELL NO!

By Adepeju Mabadeje, Guest Writer.

Ranging from discovering the cure to life threatening diseases to inventing a vaccine for an unknown virus, advancements in the field of medical science have always called for recognition and celebration. While the medical researcher gets fame and fortune, the world gets comfort, relief and hope. The drug is produced, the active ingredients mentioned and to confirm its efficacy, the words ‘TESTED ON HUMANS’ may be added.

For ages now, the concept of human experimentation in the field of science has remained a touchy one, with physicians and pharmaceutical companies having a long dark history of experimentation on human beings.

<Blog ed note>: The facts below are derived from stories featured on AFP and Radio Nederland Wereldomroep. The text below still remains the words of Adepeju Mabadeje, guest writer of this post.

For third world countries like Nigeria where there is no law regulating the conduct of human medical experimentation, medical researchers all over the world have found it convenient to use as a testing ground for new drugs and its citizens as guinea pigs. It was therefore not surprising that in 1996, when Nigeria was struck with cerebrospinal meningitis epidemic which took at least 12,000 lives over a six-month period, and affected more than 100,000 people, it only took only a few weeks for pharmaceutical giants, Pfizer, to send medical researchers to test new drugs under the guise of giving aids.

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What Pfizer did was to recruit critically ill children for illegal drug experiment. The result of the Trovan clinical study was beyond contemplation. Eleven children in the trial died, and many others suffered brain damage, some were partly paralyzed while numerous became deaf. On 30th July 2009, Pfizer concluded a $75 million settlement agreement with the stakeholders but this does not bring back the dead neither does it make the lame walk!

<Blog ed: End of Facts>

Not even the nicely worded text of the Hippocratic Oath, the comforting words of the Nuremberg Code or the patriotic Declaration of the World Medical Association in Helsinki can stop me from asking:

‘CAN SCIENCE EVER JUSTIFY THE USE OF HUMAN BEINGS AS GUINEA PIGS?’

For me, NEVER!

By Adepeju Mabadeje, Guest Writer.

Since independence, Death Penalty has remained a major part of the Nigerian Law with countless individuals being placed on death row every year and many others facing charges which carries the maximum sentence. DEATH

Specifically, Section 33(1) of the 1999 constitution of the Federal Republic of Nigeria gives constitutional backing to the existence of Death Penalty in Nigeria.

As a matter of fact, between 1970 and 1999, more than 2,600 death row prisoners have been executed. For the Government, the deterrence capacity of the Death Penalty is sufficient explanation for its continued retention. For other citizens, retaining the death penalty would be more cost effective for the country than a life sentence as it would cost far less to bury an alleged criminal than to maintain him in prison.

Despite all these, the effectiveness of the Death Penalty as a deterrence factor remains obscure to me with crime rates on the increase. For the criminals, in a corrupt environment, death sentence is the least of their worries.

Also, the method of execution which is by hanging is not only crude but dehumanizing. Jerking of the hands and limbs, little blood marks on the face and eyes from burst blood capillaries, protruding tongue. Where is the dignity of human life?

The irreversible nature of the execution also remains an issue. If an execution is done in error, there can be no remedy. In the last ten years, no prisoner has been executed in Nigeria because nobody seems to want death on their hands. More appalling is the fact that some inmates have been on the death row for more than twenty years!

At this point, I think it would be more dignifying for Nigeria to denounce capital punishment and embrace life. After all, it’s God’s special gift.

Do you think there are cases where state sponsored execution is justifiable?

By Adepeju Mabadeje, Guest Writer.

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?

Damn the critics, I say NO!