ELIMINATION OF ALL FORMS OF DISCRIMINATION AGAINST WOMEN AND ITS EFFECT ON NIGERIAN WOMEN



CHAPTER FIVE
5.1       OBSERVATION
As improvements as regards the Elimination of all forms of discrimination against women and its effect on Nigerian women in relation with the convention on the Elimination of all forms of During the course of the research work I  discovered and observed a lot of short comings as well as discrimination against women. The following are some of the observations vis a viz the above;

·        Predominance of cultural stereotypes predominant to women including but not limited to polygamy, inhuman rites undergone by widows and other harmful traditional practices.
·        Lack of legal/ constitutional framework in strengthening the implementation of the convention.
·        Lack of adoption of adequate measure, necessary for full respect of the commitments and obligations under the conventions.
·        Lack of statistical data in the area of domestic violence, prostitution, women and children’s health.
·        Lack of home shelters for women who are victims of violence and lack of information on marital rape.
·        Low attendance rates by girls at secondary institutions, insufficient details on free primary education and increase of literacy amongst women.
·        Lack of curriculum on teaching women and girls about their rights, particularly in the secondary and tertiary institutions.
·        Lack of adequate figures and information on Aids and sexually Transmitted diseases and an outcry against the practice of polygamy and prostitution, since they pose serious risk factors in the spread of HIV/AIDS and STDS. The committee expects the Nigerian government to set up structures to educate and care for victims.
·        The alarming rate of maternal and infant mortality, lack of due access to medical facilities and fact sheets, showed that family planning programme do not cover education for young people, men and women.
·        The fact that rural women have little access to education, credit facilities  and mostly suffer from harmful traditional practices and lack of sufficient socio-economic programmes to reduce discrimination suffered by rural women.                                                                              

5.2       RECOMMENDATION  
 would like to take the following area as to recommend from the legal point of view as well as recommendations from the report committee and recommendations from Beijing Declaration and Platform for Action as well as the NEEDS DOCUMENT which is the National Economic Empowerment Development Strategy. The recommendation stems  from the report of the committee on judiciary and legal reforms of the National Political conference (hereinafter referred to as the committee on legal reforms May 2005). Its duties among other things include the examination of the legal status of women under the Nigerian law and concluded on the following points.                     
·          That section 55(1) (d) of the penal code Act, dealing with the offence of Battery should be repealed.          
·        That sections 282 of the penal code and section 357 of the criminal code Act dealing with the offence of rape should be repealed.
·        That sections 353 and 360 of the criminal code Act  that discriminates against women in prescribing punishment for indecent assault on males and females respectively should be abrogated                          
·        The review of the definition of prostitution in section 1 of the criminal code Act is recommended.
·        The committee on Legal Reform also called for the repeal of section 26 (2) (a) of the constitution regarding citizenship by regulation for a foreign woman who is or has been married to a citizen of Nigeria.
·        Section 221 of the Criminal code Act , which requires collaboration before a conviction for defilement of a girl less than 16 years of age, could be sustained was recommended for abrogation.
·        The committee on legal Reform finally called for the entrenchment of widowhood rights in our constitution.   The presidential committee on the review of the 1999 constitution (PCRC)[1] headed by D Ebiri, made the following recommendations bothering on the rights of women;                                1. The PCRC recommended the substitution of the Federal character commission with an expanded mandate to accommodate the interest of all Nigerians including women, youth, the aged, the disabled, ethnic minorities and other special interest group.
2. That women be allowed to take indigeneship of the state of their fathers.
3.  The substitution of the word “sex” as it refers to feminine in the constitution with the word “gender”.
·        Furthermore, the committee on CEDAW implementing its responsibilities under the CEDAW convention should within its mandate take into account the platform for Action when considering the reports submitted by state parties. This recommendations stems from the Beijing Declaration and it imploys state parties to the CEDAW convention are invited when reporting under Article 18 of the convention to include information on measures to implement the Platform for Action in order to facilitate the committee in monitoring effectively women’s ability to enjoy the rights guaranteed by the convention. The ability of the committee of CEDAW to monitor implementation of the convention should be strengthened through the provisions of human and financial resources with the regular budget of the United Nations, including expert legal assistance and in acco5dance with General Assembly Resolution 49/164 and the decision made by the meeting of state parties to the convention held in May, 1995. The committee on CEDAW should increase its co-ordination with other human right treaty bodies, taking into account recommendation in the Vienna Declaration and programme of Action.     Within that mandate, other treaty bodies should take due accounts of the implementation of platform for Action and ensure the integration of the equal status and human rights of women in their work.                                                                                                                                             Recommendations extant in the NEEDS [2] Document;   Needs stands for National Economic Empowerment Development Strategy and it is the brain child of the Obasanjo Administration, it is a medium term strategy billed for (2003- 2007). It lays out government programmes to liberalize the economy and increase efficiency, wealth creation, employment generation and value orientation.   The thrust of NEEDS document in respect of women, is to fully integrate them through enhancing their capacity to participate in economic and social, political and cultural life of the country. The document seeks to achieve the stated objectives above by;    
·        Ensuring equitable representation of women all over the country in all respects of our national life, the affirmative action of proportionate representation will be pursued, were feasible.
·        Pursuing legislation for the abolition of all forms of harmful traditional practices against women.
·        Domestication of all United Nations Resolutions bothering on CEDAW.
·        Main streaming women concerns and perspective in all policies and programmes.
·        Promotion of women’s access to micro-finance and all poverty alleviation strategies, with a view of reducing feminized poverty.
·        Empowerment of women through sustained advocacy, education and mobilization to reduce women’s vulnerability to HIV/AIDS and other STDs.
·        Establishing scholarship schemes at secondary and tertiary institutions in order to expand educational opportunities for female education. An example is the provision of Adult and vocational education centres to cater for women beyond the formal age.      In addition, access to justice for women of all ages is very important to be able fully implement the various rights accruable to women in Nigeria. 


5.3       CONCLUSION
The recommendations enumerated above as well as the whole research work itself will come to nothing if incorporation of the CEDAW Act in Nigeria is not pursued with giant strides. Countries like Seychelles, Morocco, Namibia, Madagascar, Malawi to mention but a few have revised their constitutions to render it gender responsive. The convention is widely known as earlier mentioned at the start of the research work but it is of no value in the courts in Nigeria and therefore the rights of women in Nigeria are in no way affected by the convention. From domestic violence to gender inequality at work at home and in the political realm such discrimination still persist although various NGOs have put their foot down on some of these issues there won’t be any conclusive change if the court which is widely regarded as the last resort of the common man cannot be moved to create case laws on the provisions of the convention as it relates to the rights of women in Nigeria.                                           The CEDAW instrument armed with full incorporation into our laws, will serve as a great tool in the emancipation of women from discriminatory practices.                                                                                                                                      
                                                                            
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[1] PCRC was established to review the 1999 constitution because of widespread criticisms. it had the mandate to collate the views of Nigerians and hereafter submit a report with recommendation for further actions. This assignment was completed February, 2001.
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