CHAPTER 1
Introduction
Discrimination against women is defined by Article 1 of the United Nations Convention on the Elimination of all Forms of Discrimination Against Women 1979 (referred to as the 1979 Convention) as “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 field.”1 Discrimination then is symptomatic of any situation where patterns of structural inequality are maintained by rules, norms and procedures which dictate a subordinate role for women in all spheres of society. The movements calling for an end to all forms of discrimination against women emphasize the need for a radical re-definition of the process and content of economic, social and political development and stress the need for a holistic orientation which acknowledges the vital role of women in development and engineers their integration into development planning and process as equal partners with men. For this purpose, it is argued that legal and substantive protection at the domestic, regional and international levels must be coordinated for more meaningful enhancement of both the status and situation of women.
- ‘Accountability to Gender Equality’ (2008), http.//www.boellnigeria.org/CEDAW_Accountability to Gender Equality.pdf. accessed 17 September, 2010.
Discrimination against women in particular societies takes different forms, and thus requires the utilization of differential strategies in different historical epochs and societies.
Discrimination against women will continue to be a problem until all the factors responsible for its existence, maintenance and institutionalization are understood and eradicated.
Widowhood has also been defined as the state of mourning the loss of one’s husband or wife through death3. The stress of this phenomenon is as real as those of loneliness and divorce. Widowhood is thus seen as a life event with wide range of consequences. For instance, widowhood is known to be responsible for the poor health status of widows and widowers, with minimal long-term consequences and is also associated with intense grief and angry expressions, especially among more widows than the divorced (when) compared.4 This is possibly because of deprivation following loss of spousal intimacy through death. It can thus be concluded that widowhood by implication is a stressful life event demanding practicable support systems.
- E E Abolarin, ‘A Cross-ethnic comparison of support network in widowhood in Nigeria’ (1997), Unpublished Ph.D. thesis. Department of Guidance and Counselling, University of Ilorin, Ilorin.
- G C Kitson, and S O Zyganki, ‘ Grief in Widowhood and divorce’ (1987), Journal of psychiatric clinic, North America 20 (3), 69-86.
Some scholars contend that ideological reinforcement for structural inequality was provided by customs, practices and norms, which while relevant within the context of the societies, in which they emerged, are now questionable given the evolution of society in radically different directions.5 However, one must be wary of making arguments such as this which are not based on a rigorous examination and comparative analysis of the diverse Nigerian societies.
In the first place, the contention assumes that the customs, practices and norms in question arise from traditional practices. Most of the administrative practices which prevent the equal treatment of men and women in Nigeria are products of colonial laws and government. Second, when these societies are examined with more rigors, it becomes obvious that there are clear distinctions among them as to the customary treatment of men and women. In some cases, women were disadvantaged more by the imposition of colonial rule and the code of law that accompanied that imposition.6
In feminist literature, discrimination is taken to manifest itself in the forms of gender, class and personal discrimination that arises from women being discriminated against as women.
5 Africa For Women’s Rights. (2008). http://wildaf-ao.org. accessed 17 September, 2010.
6Ibid 1.
In some perspectives, discrimination is caused by structural factors. Some scholars contend that the most important structural sources of discrimination are social formations such as the family, which conditions its members to conform to socially acceptable norms in terms of male and female roles in the division of labour from childhood. Although the traditional division of labour in Nigeria was one within which there were distinctions made between men’s and women’s work, social expectations on what constituted men’s or women’s work by community/society.7
Chapter IV of the Constitution of Nigeria 1999, contains provisions for the defence of the fundamental human rights of all Nigerians. Express provisions for the protection of individuals from discrimination are to be found in subsection 42 which provides that:
(1) A citizen of Nigeria of a particular community, ethnic group, place of origin, sex, religion or political opinion shall not, by reason only that he is such a person:-
(a) be subjected either expressly by, or in the practical application of, any law in force in Nigeria or any executive or administrative action of the government, to disabilities or
7 Ibid
restrictions to which citizens of Nigeria of other communities, ethnic groups, places of origin, sex, religious or political opinions are not made subject; or
(b) be accorded either expressly by, or in the practical application of, any law in force in Nigeria or any such executive or administrative action, any privilege or advantage that is not accorded to citizens of Nigeria of other communities, ethnic groups, places of origin, sex, religious or political opinions8.
However, customary and religious discrimination against women persists, occasional religious violence persists, social discrimination on the basis of both religion and ethnicity remains widespread. This section in effect, provides for equal treatment of men and women under the law. 8 The Constitution of the Federal Republic of Nigeria, 1999.
Nigeria is Africa's most populous country and has as such a great ethnical, cultural and religious diversity. The 1999 Constitution also provides for diversity in legislation, letting some northern states practice Sharia law. The general picture, however, is of a country struck by poverty, misadministration and increasing internal conflict. Although some federal legislation are in favour of women's rights, the trend rather goes towards a strengthening of traditional values, less favourable to Nigeria's over 60 million women. Thus, recent local Sharia practices are known to violate basic human rights. Women's rights groups are active, mostly in the south.
Spousal abuse is common in Nigeria, especially wife beating in polygamous families. The Penal Code permits husbands to use physical means to chastise their wives. Polygamy is practiced widely.
Rape, prostitution and sexual harassment are a significant problem in Nigeria. Many customary practices do not recognize a women's right to inherit her husband's property. Female Genital Mutilation is practiced extensively in all parts of the country9. According to the report of the Nigerian government to the Committee on the Elimination of All Forms of Discrimination against Women10, there is no need to create enforcement mechanisms for the Convention because its provisions
- Addressing Violence Against Women and Girls. http://www.wluml.org/node/5447. accessed 18 September,2010.
- Gender Inequality and Social Institutions in Nigeria. http://genderindex.org/country/nigeria. accessed 18 September, 2010 could be used as the basis of any argument against derogations in any court of law within Nigeria. The problem with this argument is underlined by the same report which states that while protections exist, there may be no progress toward the elimination of discrimination if women do not actively pursue the realization of this goal. However, the argument that it is up to women to seek legal redress may be a “straw man” because without the right tools and considerable institutional support provided by the government for the majority of women, such active pursuit of their rights may be impossible.
This call for an end to all forms of discrimination against women emphasizes the need for a radical re-definition of the process and content of economic, social and political development. It stresses the need for a holistic orientation which acknowledges the vital role of women in development and engineers their integration into development processes as equal partners with men. For this purpose, it is argued that legal and substantive protection at the domestic, regional and international levels must be coordinated, for more meaningful enhancement of both the status and situation of women.
Millions of girls and women throughout the world suffer from discrimination, deprivation, and the denial of their human rights based on their gender. Throughout the world, women and girls often face systematic discrimination in legal, political, social, economic and cultural settings.
Discriminatory laws and cultural norms in Pakistan render women unequal before the law. In cases of rape for example, the Hudood Ordinance11 requires a confession or the testimony of witnesses other than the victim to secure a conviction for rape, and rape victims can find themselves being punished for fornication if rape is not proved.
In India and throughout many poverty-stricken areas, male children often receive food, education and healthcare before female children.12
Throughout Europe and North America, women are grossly under- represented in decision-making and continue to face discrimination at home and in the workplace.13
Women experience considerable discrimination as well as physical abuse. There are no laws barring women from particular fields of employment, but women often experience discrimination because the Government tolerates customary and religious practices that adversely affect them. The Nigerian NGO's Coalition (NNC) expressed concern about continued discrimination against women in the private sector, particularly in access to employment, promotion to higher professional positions, and in salary inequality. There are credible reports that several businesses operate with a “get pregnant, get fired” policy. Women
- A Law in Pakistan that was enacted in 1979 as part of then military ruler Zia’s Islamization Process, and replaced/revised in 2006 by the Women’s Protection Bill.
- A K Salma, Nigeria Failing to End Discrimination Against Women (2009). http://ipsnews.net.asp?idnews. accessed 18 September, 2010.
remain underrepresented in the formal sector but play an active and vital role in the country's important informal economy.
While the number of women employed in the business sector increase every year, women do not receive equal pay for equal work and often find it extremely difficult to acquire commercial credit or to obtain tax deductions or rebates as heads of households. Unmarried women in particular endure many forms of discrimination.14
Abuses against women are relentless, systematic, and widely tolerated, if not explicitly condoned. Violence and discrimination against women are global social epidemics. We live in a world in which women do not have basic control over what happens to their bodies. Millions of women and girls are forced to marry and have sex with men they do not desire. Husbands and other male family members obstruct or dictate women's access to reproductive health care. Doctors and government officials disproportionately target women from disadvantaged or marginalized communities for coercive family planning policies.15
There are different forms of discrimination against women in Nigeria ranging from Female Genital Mutilation(FGM), domestic violence, inaccessibility to education for social and economic reasons, inheritance rights, polygamy, early
14 ‘Women, The State and Reproduction Health Issues in Nigeria’ http://www.jendajournal.com/jend/vol1.1/pearce.html. accessed 18 September,2010 15 Ibid.
and forced marriage, widowhood practices, female infanticide and prenatal sex selection, dowry related violence, acid attacks, women in the work places etc.
Earlier attention within the United Nations to these forms of violence focused on their effects on the health of women and children, and on the importance of marriage based on the full and free consent of the intending spouse. In the 1990s, they became clearly acknowledged as forms of violence against women constituting gender-based discrimination and a violation of women’s human rights.States are obligated under a comprehensive international legal and policy framework to enact, implement and monitor legislation on all forms of violence against women, including “harmful cultural or traditional practices” (hereinafter “harmful practices”)16. The international human rights treaty bodies, in particular the Committee on the Elimination of Discrimination against Women, regularly call on States parties to adopt legislation to eliminate “harmful practices”. Article 16(2) of the Convention on the Elimination of All Forms of Discrimination against Women specifies that the betrothal and the marriage of a child shall have no legal effect, and all necessary action, including legislation, shall be taken to specify a minimum age for marriage and to make the registration of marriages in an official registry compulsory.16 Ibid.
The 1993 General Assembly Declaration on the Elimination of Violence against Women states that “States should condemn violence against women and should not invoke any custom, tradition or religious consideration to avoid their obligations with respect to its elimination.” The General Assembly and other inter-governmental bodies of the United Nations have called on governments to develop and fully implement laws and other measures to eradicate harmful customary or traditional practices, including female genital mutilation, early and forced marriage and so-called honour crimes. The General Assembly has called on Member States to “review and, where appropriate, revise, amend or abolish all laws, regulations, policies, practices and customs that discriminate against women or have a discriminatory impact on women, and ensure that provisions of multiple legal systems, where they exist, comply with international human rights obligations, commitments and principles.”17
In view of the above, this paper will focus on widowhood practices in Nigeria in line with the six regional demarcations; consider the health implications and economic effects of widowhood practices, various rights of widows as against treatment of widowers, and a review of legislative interventions.
17 http:/www.unhchr.ch/huridocda/huridoca.nsf. accessed 5 January,2011
