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NIGERIA

Human Rights Issues

  Overview
Death Penalty
  Torture/Mistreatment
Arbitrary Detention
  Fair Trial
Prison conditions
  Demonstrations
Ethnic Affiliation
  Religious Affiliation
Political Affiliation
  NGOs and human rights defenders
Women
  Sexual orientation
Children and minors
  Handicapped and sick persons
Journalists and media
  Military service and desertion
Refugees
 

Source:

Afrol.com - Gender Profile: Nigeria ("Afrol.com - Gender Profile: Nigeria") [ID 15192]

Document(s): Afrol.com - Gender Profile: Nigeria

20.06.2008 - Source: UK Home Office

Summary report on use, legal framework and protection of female genital mutilation ("Country of Origin Information Report; Female Genital Mutilation (FGM)") [ID 24064]

Document(s): Open document

11.03.2008 - Source: US Department of State

According to estimates about 19 percent of the female population were subjected to female genital mutilation ("Country Report on Human Rights Practices 2007") [ID 19929]

"The NDHS estimated that approximately 19 percent of the female population had been subjected to FGM, although the incidence had declined steadily in recent years. While practiced in all parts of the country, FGM was much more prevalent in the southern region among the Yoruba and Igbo. Women from northern states were less likely to undergo the most severe type of FGM known as infibulation. The age at which women and girls were subjected to the practice varied from the first week of life until after a woman delivered her first child; however, three-quarters of the NDHS 2003 survey respondents who had undergone FGM had the procedure before their first birthday. According to the survey, the principal perceived "benefits" of FGM included maintaining chastity/virginity before marriage, giving the victim better marriage prospects, providing more sexual pleasure for men (primarily according to male respondents), and aiding safe childbirth."

Document(s): Open document

11.03.2008 - Source: US Department of State

The federal government took no legal action to curb the practice of female genital mutilation ("Country Report on Human Rights Practices 2007") [ID 19930]

"The federal government publicly opposed FGM but took no legal action to curb the practice. Because of the considerable impediments that anti-FGM groups faced at the federal level, most refocused their energies on combating the practice at the state and local levels. Bayelsa, Edo, Ogun, Cross River, Osun, and Rivers states banned FGM. However, once a state legislature criminalized FGM, NGOs found that they had to convince the local government area authorities that state laws were applicable in their districts. The Ministry of Health, women's groups, and many NGOs sponsored public awareness projects to educate communities about the health hazards of FGM. They worked to eradicate the practice, but financial and logistical obstacles limited their contact with health care workers on the medical effects of FGM."

Document(s): Open document

11.03.2008 - Source: US Department of State

Osun state: A 2005 law provides for punishment of persons encouraging female genital mutilation; during the year there were no prosecutions resulting from this law ("Country Report on Human Rights Practices 2007") [ID 19931]

"During the year there were no known prosecutions resulting from a 2005 Osun State law intended to punish persons who encourage FGM. The law criminalizes the removal of any part of a sexual organ from a woman or a girl, except for medical reasons approved by a doctor. According to the provisions of the law, an offender is any female who offers herself for FGM; any person who coerces, entices, or induces any female to undergo FGM; and any person who other than for medical reasons performs an operation removing part of a woman or girl's sexual organs. The law provides for a fine of $385 (50,000 naira), one year's imprisonment, or both for a first offense, and doubled penalties for a second conviction."

Document(s): Open document

07.08.2007 - Source: ReliefWeb

The incidence of FGM/C in Nigeria varies greatly across the country's huge diversity of ethnic groups; UNFPA, the United Nations Population Fund, the Osun State Ministry of Health and several local NGOs are trying to bring about an end to the practice of female genital mutilation/cutting (FGM/C) ("From the Statehouse to the marketplace: Fighting FGM/C on all fronts in Nigeria"), Autor: United Nations Population Fund (UNFPA) [ID 22103]

Document(s): Open document

06.2007 - Source: Freedom House

According to a 1997 WHO study, about 60 percent of Nigerian women are subjected to female genital mutilation (FGM) ("Freedom in the World 2007") [ID 20576]

"According to a 1997 World Health Organization study, about 60 percent of Nigerian women are subjected to female genital mutilation (FGM), though the precise incidence is unknown. Although the federal government publicly opposes FGM, it has taken no legal action to ban the practice."

Document(s): Open document

09.2006 - Source: Freedom House

60 percent subjected to female genital mutilation (FGM); it is not forbidden by law ("Freedom in the World 2006") [ID 18271]

"About 60 percent of Nigerian women are subjected to female genital mutilation (FGM); the practice has declined steadily in the past 15 years. The Ministry of Health and several women's groups at local and state levels are working to educate communities about the dangers of FGM. Although the federal government publicly opposes FGM, it has taken no legal action to end the practice. Women's rights have suffered serious setbacks in the northern states governed under Sharia."

Document(s): Open document

08.2006 - Source: Norwegian Country of Origin Information Center

Female Genital Mutilation: Prevalence and the Role of the National Human Rights Commission in combatting it ("Report on Fact-finding trip to Nigeria (Abuja, Lagos and Benin City) 12-26 March 2006") [ID 18806]

"Bukhari Bello (NHRC) stated that the commission is very engaged in the issue of FGM. He stressed that it is not practised all over the country, but that it is very difficult to present reliable figures – as FGM is not performed in hospitals etc. Modupe Omopintemi, Programme Officer – Good Governance & Human Rights at the European Commission, supported this view. In general terms, Bello and Omopintemi shared the impression that FGM is more widespread in the south-south of Nigeria (i.e. the Niger Delta states), and less so in the north and the midbelt. The phenomenon also seems more widespread in rural areas than in urban areas. Tony Ojukwu (NHRC) pointed out that the urban/rural distinction is often unclear, as most people who live in urban areas regularly visit their villages of origin for traditional rites of passage, funerals, rites for the new born and weddings. In such situations, it is not uncommon for relatives in the village to check whether girls and women living in the city have had FGM performed on them. In Bello’s opinion, the cases where FGM is performed in later years cause more concern, as there are more medical complications in such cases. Bello went on to explain that resorting to the commission is a real possibility, both for women and for parents of girls facing pressure from the extended family to have FGM performed on themselves or their children. The commission can mediate in such situations, and if this does not work, it offers legal assistance – including bringing cases to court. He suggested that people living in urban areas, who are more likely to object to performing FGM on their children, are also more likely to know of the possibility to resort to the National Human Rights Commission and its role as an ombudsman for Nigerian citizens. Bello added that the commission is still waiting for the federal law against FGM to be implemented on state level in all the states, incorporated in the legislation on children’s rights. He also stressed the general need for awareness building on the issue, as it is a fairly recent phenomenon that this issue is discussed in public."

Document(s): Open document

08.03.2006 - Source: US Department of State

FGM rate at approximately 19 percent among the country's female population ("Country Report on Human Rights Practices 2005") [#46036][ID 17414]

"The NDHS estimated the FGM rate at approximately 19 percent among the country's female population, and the incidence has declined steadily in the past 15 years. While practiced in all parts of the country, FGM was much more prevalent in the south. Women from northern states were less likely to undergo the severe type of FGM known as infibulation. The age at which women and girls were subjected to the practice varied from the first week of life until after a woman delivers her first child; however, three-quarters of the NDHS 2003 survey respondents who had undergone FGM had the procedure before their first birthday. According to the survey, the principal perceived "benefits" of FGM include maintaining chastity/virginity before marriage, giving the victim better marriage prospects, providing more sexual pleasure for men (primarily according to male respondents), and aiding safe childbirth. The federal government publicly opposed FGM but took no legal action to curb the practice. Because of the considerable problems that anti-FGM groups faced at the federal level, most refocused their energies on combating the practice at the state and LGA levels. Bayelsa, Edo, Ogun, Cross River, Osun, and Rivers States banned FGM. However, once a state legislature criminalized FGM, NGOs found that they had to convince the LGA authorities that state laws were applicable in their districts. The Ministry of Health, women's groups, and many NGOs sponsored public awareness projects to educate communities about the health hazards of FGM. They worked to eradicate the practice, but they had limited contact with health care workers on the medical effects of FGM. On March 21, Osun State enacted a law aimed at punishing those who encourage FGM. The law makes it a punishable offense to remove any part of a sexual organ from a woman or a girl, except for medical reasons approved by a doctor. According to the provisions of the law, an offender shall be any female who offers herself for FGM; any person who coerces, entices, or induces any female to undergo FGM; and any person who other than for medical reasons performs an operation removing part of a woman or girl's sexual organs. The law provides a $385 (50 thousand) fine or one year's imprisonment or both for a first offense, with doubled penalties for a second conviction."

Document(s): Open document

08.03.2006 - Source: US Department of State

Osun State: State enacted law aimed at punishing those who encourage FGM ("Country Report on Human Rights Practices 2005") [#46036][ID 17415]

"On March 21, Osun State enacted a law aimed at punishing those who encourage FGM. The law makes it a punishable offense to remove any part of a sexual organ from a woman or a girl, except for medical reasons approved by a doctor. According to the provisions of the law, an offender shall be any female who offers herself for FGM; any person who coerces, entices, or induces any female to undergo FGM; and any person who other than for medical reasons performs an operation removing part of a woman or girl's sexual organs. The law provides a $385 (50 thousand) fine or one year's imprisonment or both for a first offense, with doubled penalties for a second conviction."

Document(s): Open document

28.02.2005 - Source: US Department of State

FGM is estimated to affect approximately 19 percent among the nation's female population ("Country Report on Human Rights Practices 2004") [#29466][ID 15179]

"The NDHS estimated the FGM rate at approximately 19 percent among the nation's female population, and the incidence has declined steadily in the past 15 years. While practiced in all parts of the country, FGM was much more prevalent in the southern part of the country. Women from northern states were less likely to undergo the severe type of FGM known as infibulation. The age at which women and girls were subjected to the practice varied from the first week of life until after a woman delivers her first child; however, three-quarters of the survey respondents who had undergone FGM had the procedure before their first birthday. According to the survey, the principal perceived "benefits" of FGM include maintaining chastity/virginity before marriage, giving the victim better marriage prospects, providing more sexual pleasure for men (primarily according to male respondents), and aiding safe childbirth.

The Federal Government publicly opposed FGM; however, it took no legal action to curb the practice. There were no federal laws banning FGM. Because of the considerable problems that anti-FGM groups faced at the federal level, most refocused their energies to combat the practice at the state and LGA levels. Bayelsa, Edo, Ogun, Cross River, Osun, and Rivers States have banned FGM. However, once a state legislature criminalized FGM, NGOs found that they had to convince the LGA authorities that state laws were applicable in their districts. The Ministry of Health, women's groups, and many NGOs sponsored public awareness projects to educate communities about the health hazards of FGM. They worked to eradicate the practice; however, they had limited contact with health care workers on the medical effects of FGM."

Document(s): Open document

01.2005 - Source: Danish Immigration Service

No federal law prohibiting FGM in Nigeria ("Report on human rights issues in Nigeria: Joint British-Danish fact-finding mission to Abuja and Lagos, Nigeria (19 October to 2 November 2004)") [#30412][ID 15180]

"According to the Nigerian women-NGO BAOBAB there is no federal law prohibiting FGM in Nigeria. However, laws in Cross River State, Edo State, Akwa Ibom State and Ondo State prohibit FGM, but in spite of these laws the custom of FGM continues.

The BHC confirmed that the Nigerian constitution outlaws inhumane treatment but also provides for citizens to practice their traditional beliefs. The government have warned against harmful traditional practices like FGM and campaigns have been conducted through
the Ministry of Health and the media. A draft bill outlawing FGM has been before the National Assembly since 2001.

In its National Economic Empowerment and Development Strategy(NEEDS), which was launched in May 2004 by Obasanjo, the government stated its intention to intensify its campaign for the eradication of harmful traditional practices such as FGM, and stated that
several states had already passed the necessary legislation, and many more are in the process of doing so. Individual complaints to NHRC concerning FGM are few and far between and during the last 12 months NHRC only registered one complaint. NHRC was of the opinion that the
situation regarding FGM in general has improved significantly. FGM is not common in the northwestern part of Nigeria whereas it is a predominant phenomenon in the Middle Belt and in the southwest. Various forms of FGM are practiced according to the culture and tradition
amongst different ethnic groups in Nigeria. In general FGM is performed on young or newborn girls. However, in some communities FGM is a precondition of entering marriage, which means that even adult women may have to undergo FGM. In those communities some women may regard not undergoing FGM as shameful in much the same way as being a victim of rape.

Women’s Aid Collective (WACOL) confirmed that FGM may take place between the ages of newborn to the age of marriage and that FGM is far less prevalent in the northern, primarily Muslim part of the country than in the rest of the country. Finally, WACOL had never heard of FGM being performed in northern Nigeria on adult women (over the age of
18). WACOL estimated that in some states in the south the prevalence of FGM is more than 95% (e.g. Enugu, Imo, Plateau), but there are no statistics to show the exact figures.

According to BAOBAB the practice of FGM in Nigeria is quite diverse depending on tradition. In Edo State the law prohibits FGM during the first pregnancy of a woman, i.e. adult women. However, most women throughout Nigeria have the option to relocate to another location if they do not wish to undergo FGM. Government institutions and NGOs
afford protection to these women. BAOBAB was of the opinion that FGM in itself is not a genuine reason for applying for asylum abroad.
On the subject of protection a senior representative of the IGP said that there is a law banning FGM, but the NPF does not become involved in FGM matters, as “it is a family thing”. However, there are groups that are against the practice of FGM and should a girl desire to avoid FGM in spite of pressure from her family to do otherwise she has the
opportunity to complain to the NPF or the NHRC and in addition she may seek protection by women lawyers or NGOs. The source added that traditional leaders might also be asked to step in. NHRC confirmed that it is possible to avoid FGM but added that the “traditional attitude” of a police officer or a village council would normally determine their level of
concern and intervention. NHRC emphasized that cultural attitudes would still be prevalent and some victims would probably never have the courage to take their case to court.

According to BAOBAB the government and prominent NGOs in Nigeria provide protection to women escaping FGM. WACOL stated that it is possible for women to seek protection in the shelter run by WACOL in Enugu in the south. WACOL explained that the organisation’s Enugu office assist many adult women seeking protection against FGM."

Document(s): Open document

08.2004 - Source: Austrian Centre for Country of Origin and Asylum Research and Documentation

Female Genital Mutilation in Nigeria - Legal regulations ("Nigeria - Länderbericht") [#28135][ID 15177]

"Die Zentralregierung Nigerias spricht sich offiziell gegen FGM aus und arbeitet mit nationalen NGOs hinsichtlich Aufklärungsarbeit und Prävention zusammen. Sie unternimmt jedoch keine rechtlichen Schritte,
um die Praxis einzuschränken – dementsprechend gibt es auch auf der Bundesebene keine Gesetze, die FGM verbieten.

Bemühungen zur Kriminalisierung von FGM konzentrieren sich daher auf die Regierungen der Gliedstaaten und auf die Ebene der Lokalverwaltungen (USDOS 2004, Sektion 5). FGM wurde bisher in folgenden Gliedstaaten gesetzlich verboten: Abia, Delta, Edo, Ekiti, Ogun, Cross River, Osun, Rivers und Bayelsa (Sandberg 16. August 2004; ACCORD/UNHCR 28. November 2002, S. 168; IFK 2002, 4)

Das US State Department berichtet jedoch, NGOs hätten die Erfahrung gemacht, dass sie nach Verabschiedung des Gesetzes auf Bundesstaatsebene die Lokalverwaltungen von dessen Anwendung in den Bezirken überzeugen müssten (USDOS 2004, Sektion 5).
Die vorgesehen Strafen und Tatbestände der in den verschiedenen Gliedstaaten geltenden Gesetze sind unterschiedlich. In Edo sind eine Geldstrafe von 1.000 Naira (ca. $ 10) und 6 Monate Haft vorgesehen
(USDOS 2004, Sektion 5; USDOS 2003, Sektion 5; IRB unter Bezug auf USDOS Juni 2001). In Cross Rivers ist ein Gesetz in Kraft, welches FGM unabhängig von der Zustimmung der betroffenen Frau unter Strafe
stellt. Das Strafmaß liegt bei einer 2-jährigen Haftstrafe und einer Geldstrafe. Im Wiederholungsfall kann ein 3-jähriger Freiheitsentzug verhängt werden. Delta droht bei FGM-Straftaten mit einer 3-monatigen
Haft und einer Geldstrafe, wie das IRB unter Berufung auf Panapress berichtet (IRB 27. November 2003).

Laut Ulrika Sandberg von Amnesty International treten nationale und panafrikanische NGOs darüber hinaus für die Verabschiedung eines Gesetzes zu Gewalt gegen Frauen ein, das auch FGM beinhalten
würde. Ein solches Gesetz wurde jedoch noch nicht beschlossen (Sandberg 16. August 2004). Gegner von FGM berufen sich zudem auf die Verfassung. § 34, 1 a besagt, dass keine Person Folter, unmenschlicher oder erniedrigender Behandlung unterworfen werden darf (USDOS, FGM)."

Document(s): Open document

08.2004 - Source: Austrian Centre for Country of Origin and Asylum Research and Documentation

The dissemination of FGM in Nigeria ("Nigeria - Länderbericht") [#28135][ID 15178]

"Die Weltgesundheitsorganisation schätzt, dass etwa 60% der weiblichen Bevölkerung des Landes der weiblichen Genitalverstümmelung unterworfen werden. Obgleich diese in allen Regionen des Landes praktiziert wird, sind vor allem die Frauen im Osten und Süden des Landes davon betroffen. Jedoch wird
im Norden die schwerste Form der Genitalverstümmelung vorgenommen.

Dieselbe Anfragebeantwortung versucht das Alter der Mädchen und Frauen unter einigen der nigerianischen Volkgruppen zu bestimmen und kommt nach Konsultation zahlreicher Quellen zu diesem Ergebnis:

- die Etsako, ansässig im Gliedstaat Bende, führen FGM noch vor der Verheiratung der Mädchen durch;
- die Fulani praktizieren herkömmliche FGM nicht; die WHO weist jedoch auf die Praxis der Gishri-
Schnitte31 während der Schwangerschaft hin;
- die Haussa führen FGM entweder bei der Geburt oder vor der Hochzeit durch und während der
Schwangerschaft wird der Gishri-Schnitt vorgenommen;
- die Igbo führen FGM während oder nach der Adoleszenz durch, aber vor der Hochzeit; einige Igbo im
Südosten nehmen FGM innerhalb der ersten 7 Tage nach Geburt des Mädchens vor;
- die Igbomina-Ekiti, wohnhaft im Gliedstaat Kwara, nehmen FGM während des dritten Trimesters der
Schwangerschaft vor;
- die Ijaw praktizieren FGM an Mädchen und Frauen vor der Hochzeit
- die Isoko wenden FGM vor der Hochzeit oder während der ersten Schwangerschaft an;
- die Kanuri wenden den Gishri-Schnitt während der Schwangerschaft an;
- die Nupe praktizieren kein FGM;
- die Ogbaru, sesshaft in Anambra State, führen FGM während der ersten Schwangerschaft durch;
- die Urhobo im Delta State wenden FGM während der ersten Schwangerschaft an;
- die Yoruba praktizieren FGM entweder in der ersten Lebenswoche, im Säuglingsalter oder während der Kindheit (IRB 23. November 2003).

Es wird davon ausgegangen, dass etwa 85% der Verstümmelungen durch Hebammen, Friseure oder traditionelle Heiler vorgenommen werden (CFRR 2003, S. 82), denn Hospitälern wurde dieser Eingriff
bereits vor einigen Jahren untersagt (IFK 2002, S. 4). Kommt es bei den Eingriffen zu Komplikationen, so muss die handelnde Person keine Konsequenzen befürchten. Die Schuld wird dann häufig beim Mädchen
gesucht. Ihr wird Promiskuität vorgeworfen oder die Eltern werden beschuldigt, die Opferspenden und Rituale während des Vorgangs nicht ordnungsgemäß vollbracht zu haben (AllAfrica.com/This Day 28.
Februar 2003)."

Document(s): Open document

10.2003 - Source: UK Home Office

World Health Organisation: The FGM rate at approximately 60% among the nation´s female population ("Country Report - October 2003") [#17332][ID 15181]

"6.116 The Women's Centre for Peace and Development (WOPED) estimated that at least 50% of women are mutilated. Studies conducted by the United Nations and the World Health Organisation estimated the FGM rate at approximately 60% among the nation's female population. However, according to local experts, the actual prevalence may be as high as 100% in some ethnic enclaves in the south. While practised in all parts of the country, FGM is more predominant in southern and eastern areas. Women from northern states are less likely to be mutilated; however, those affected are more likely to undergo the severe type of FGM known as infibulation.

6.117 WOPED believes that the practice is perpetuated because of a cultural belief that uncircumcised women are promiscuous, unclean, unsuitable for marriage, physically undesirable, or potential health risks to themselves and their children, especially during childbirth. The Government and NGOs have worked to eradicate the practice and to train health care workers on the medical effects of FGM; however, contact with health care workers remains limited. Nevertheless, most observers agree that the number of women and girls who are subjected to FGM is declining."

Document(s): Open document

05.09.2003 - Source: Immigration and Refugee Board of Canada

Query response on the Ukwuani ethnic group and the annual Osunsukwa festival, which involves female genital mutilation ("The Ukwuani ethnic group and the annual Osunsukwa festival, which involves female genital mutilation [NGA41758.E]") [ID 24532]

Document(s): Open document

31.03.2003 - Source: US Department of State

Country Report on Human Rights Practices 2002 ("Country Report on Human Rights Practices 2002") [#11802][ID 15182]

"Female genital mutilation (FGM) remained widely practiced in some parts of the country. The Federal Government publicly opposed FGM; however, it took no legal action to curb the practice. There were no federal laws banning FGM. Because of the considerable problems that anti-FGM groups faced at the federal level, most refocused their energies to combat FGM at the state and local government area (LGA) level. In October Bayelsa State enacted a law prohibiting FGM, and penalties for breaching the law were a monetary fine or prison term. In 2000 Edo, Ogun, Cross River, Osun, and Rivers States banned FGM. In Edo State, the punishment was a $8 (1,000 naira) fine and 6 months' imprisonment. However, once a state legislature criminalized FGM, NGOs found that they had to convince the LGA authorities that state laws were applicable in their districts. The Women's Center for Peace and Development (WOPED) estimated that at least 50 percent of women undergo FGM. Studies conducted by the U.N. development systems and the World Health Organization estimated the FGM rate at approximately 60 percent among the nation's female population."

Document(s): Open document

27.12.2002 - Source: Federal Foreign Office (Germany)

FGM in Nigeria particularly in rural areas widespread ("Stellungnahme v. 27.12.2002 an VG Aachen - 2 K 1140/02 u. 2 K 1924/00.A - (German document; cp. opinions submitted by Inst. für Afrikakunde, #8811, and AI, #8613)") [#10957][ID 15183]

Document(s): Open document

21.08.2002 - Source: Institut für Afrika-Kunde

Female Genital Mutilation in Edo state ("Stellungnahme v. 21.08.2002 an VG Aachen - 2 K 1140/02.A - (German, cf. expert opinion by amnesty international, #8613)") [#8811][ID 15184]

About 60% of Nigerian women are affected; legal measures have little effect, there are virtually no areas, where women are safe from FGM.

Document(s): Open document

06.08.2002 - Source: Amnesty International

AI: Female genital mutilation is still commonly practiced, particularly in eastern and southern parts of the country ("Stellungnahme v. 6.8.2002 an VG Aachen - 2 K 1140/02.A - (German document, cp. opinions submitted by Auswärtiges Amt, #10957, and by Inst. für Afrikakunde, #8811)") [#8613][ID 15185]

"Female genital mutilation (FGM) is still commonly practiced, particularly in eastern and southern parts of the country; some states have outlawed FGM, but these measures have little effect."

Document(s): 2411nig.doc

04.2002 - Source: UK Home Office

UK Home Office: Government policy on female genital mutilation ("Country Assessment - April 2002") [#7103][ID 15187]

"5.51. The government publicly opposes female genital mutilation (FGM). The Ministry of Health and non-governmental organisations has sponsored public awareness and education projects informing communities of the health hazards associated with FGM. FGM is a traditional practice within local communities, and consequently it has proved difficult for federal government to effectively confront. However, the cultural nature of the practice in Nigeria determines that the mothers of young daughters are able to veto treatment if they oppose it. Communities from all of Nigeria's major ethnic groups and religions practise FGM, although adherence is neither universal nor nationwide. A 1985-6 survey found that it was not practised at all in 6 of the 19 states surveyed. The age at which women and girls are subjected to FGM varies from the first week after birth, until after a woman delivers her first child. The Ministry of Health, women's groups, and many NGO's sponsored public awareness projects to educate communities about the health hazards of FGM, and the media has repeatedly criticised its practice.
5.52 The Nigerian Government does not approve of FGM, but there are no federal laws banning it, and the authorities have taken no legal action to curb it. As this is viewed by some communities as a long-standing tradition, the government may have difficulty in discouraging FGM, while being seen to respect the traditions of the groups involved. Anti-FGM groups, because of the inability to take action at the federal level, are attempting to challenge FGM at the state and local government area (LGA) level. Edo State banned FGM in October 2000. Ogun, Cross River, Osun, Rivers, and Bayelsa states also banned FGM. However, the punishments imposed are minimal; in Edo State the punishment is a 1,000 Naira fine and 6 months imprisonment. Once a state legislature criminalises FGM, NGO's have found that they must convince the LGA authorities that state laws are applicable in their districts. There has also been considerable debate in Delta and Enugu States regarding FGM, and some progress has been made in drafting laws aimed at addressing this."

Document(s): Open document

04.2002 - Source: UK Home Office

UK Home Office: Estimates on the implementation of FGM ("Country Assessment - April 2002") [#7103][ID 15188]

"The Women's Centre for Peace and Development (WOPED) estimated that at least 50% of women are mutilated. Studies conducted by the United Nations and the World Health Organisation estimated the FGM rate at approximately 60% among the nation's female population. However, according to local experts, the actual prevalence may be as high as 100% in some ethnic conclaves in the south. While practised in all parts of the country, FGM is more predominant in southern and eastern areas. Women from northern states are less likely to be mutilated; however, those affected are more likely to undergo the severe type of FGM known as infibulation. WOPED believes that the practice is perpetuated because of a cultural belief that uncircumcised women are promiscuous, unclean, unsuitable for marriage, physically undesirable, or potential health risks to themselves and their children, especially during childbirth. The National Association of Nigerian Nurses and Midwives, the Nigerian Women's Association, and the Nigerian Medical Association worked to eradicate the practice and to train health care workers on the medical effects of FGM; however, contact with health care workers remains limited. Nevertheless, most observers agree that the number of women and girls who are subjected to FGM is declining."

Document(s): Open document

04.03.2002 - Source: US Department of State

USDOS: Prevalence ("Annual report 2001") [#5760][ID 15186]

"The Women's Center for Peace and Development (WOPED) estimated that at least 50 percent of women undergo FGM. Studies conducted by the U.N. development systems and the World Health Organization estimated the FGM rate at approximately 60 percent among the nation's female population. However, according to local experts, the actual prevalence may be as high as 100 percent in some ethnic conclaves in the south. While practiced in all parts of the country, FGM is more predominant in the southern and eastern zones. Women from northern states are less likely to undergo FGM; however, those affected are more likely to undergo the severe type of FGM known as infibulation. WOPED believes that the practice is perpetuated because of a cultural belief that uncircumcised women are promiscuous, unclean, unsuitable for marriage, physically undesirable, or potential health risks to themselves and their children, especially during childbirth. The National Association of Nigerian Nurses and Midwives, The Nigerian Women's Association, and the Nigerian Medical Association worked to eradicate the practice and to train health care workers on the medical effects of FGM; however, contact with health care workers remains limited. Nevertheless most observers agree that the number of women and girls who are undergoing FGM is declining each year."

Document(s): Open document

28.01.2002 - Source:

Integration of the Human Rights of Women and the Gender Perspective, par. 92/92 ("28/01/2002 – UN Special Rapporteur: Integration of the Human Rights of Women and the Gender Perspective, par. 92/92") [ID 15189]

Document(s): 28/01/2002 – UN Special Rapporteur: Integration of the Human Rights of Women and the Gender Perspective, par. 92/92

16.01.2002 - Source: Human Rights Watch

Legal steps against FGM ("World report 2002") [#5281][ID 15190]

"While female genital mutilation remained a common practice, some states took welcome steps to eradicate it. The Rivers State House of Assembly passed a bill to abolish female circumcision. There were moves towards adopting similar legislation in Delta State. In March, it was reported that the Enugu State House of Assembly passed a bill to protect women from traditional practices which are considered physically, psychologically, or emotionally harmful to them."

Document(s): Open document

01.06.2001 - Source: US Department of State

USDOS: Legal status and protection against FGM in Nigeria ("Nigeria: Report on Female Genital Mutilation (FGM) or Female Genital Cutting (FGC)") [#9631][ID 15191]

"Legal status

There is no federal laws banning FGM/FGC in Nigeria. Opponents of this practice rely on Section 34(1)(a) of the 1999 Constitution of the Federal Republic of Nigeria that states, "no person shall be subjected to torture or inhuman or degrading treatment," as the basis for banning the practice nationwide.

A member of the House of Representatives has drafted a bill, not yet in committee, banning this practice.

Edo State banned this practice in October 1999. Persons convicted under the law are subject to a 1000 Naira (US$10) fine and imprisonment of six months. While opponents of the practice applaud laws like this one as a step in the right direction, they have criticized the small fine and lack of enforcement thus far.

Ogun, Cross River, Osun, Rivers and Bayelsa states have also banned the practice since 1999.

Most anti-FGM/FGC groups are focusing their energies at the state and local government levels. IAC/Nigeria is pursuing a state by state strategy to criminalize the practice in all 36 states. It first meets with the local government area Chairman about the harmful health effects of the practice. The Chairman is relied on to make contact with Council members, traditional rulers and other opinion leaders to discuss the problems associated with this practice and to work on alternative rites to satisfy cultural concerns. Only after consensus has been reached at this level, are all employed in the statewide campaign to ban the practice. IAC/Nigeria expects the campaign to take at least five years to reach all 36 states.

Protection

We are unaware of any support groups to protect an unwilling woman or girl against this practice."

Document(s): Open document