Committee on the Rights of the Child
26 May 2010
The Committee on the Rights of the Child today reviewed the combined third and fourth periodic report of Nigeria on how that country is implementing the provisions of the Convention on the Rights of the Child.
Introducing the report, Iyom Josephine Anenih, Minister of Women Affairs and Social Development of Nigeria, said that Nigeria had mainstreamed the provisions of the Convention on the Rights of the Child into national legislation and practice with a 2003 law, the Child's Rights Act. Thirty six states of the Federal Republic of Nigeria had adopted the law as well, and efforts were being stepped up to ensure the remaining 12 states adopted the law so that all Nigerian children could enjoy the rights guaranteed in the Convention.
As it pursued universal adoption of the Child's Rights Act, Nigeria was also addressing the challenges associated with effective implementation at all tiers of government. Great strides had been made in the area of providing an enabling policy environment, including a National Child Policy, which translated the Child's Rights Act into specific objectives and targets. Guidelines had been established for the management and monitoring of orphanages and other childcare institutions and were being disseminated nationwide. Ms. Anenih was pleased to point out that family courts had been established in eight states and the Federal Capital Territory to ensure the effective enforcement of the Child's Rights Act.
In preliminary concluding remarks, Committee Expert Kamel Filali, who served as Rapporteur for the report of Nigeria, said that the Committee was pleased with the candid and direct discussion that enabled them to exchange information and enabled the Committee to gain a picture of the situation of the rights of the child and how they were applied in Nigeria. The Committee was pleased with the passage of the Child's Rights Act and felt that efforts were being made to promote this instrument despite difficulties encountered due to the diverse nature and size of Nigeria.
Other Experts raised a series of concerns and questions pertaining to, among other things, the juvenile justice system, the harmonization of Sharia law with international treaty law, harmful traditional practices, particularly in the area of female genital mutilation, childhood marriages, the status of children with disabilities, child labour and accusations of witchcraft against children. Committee Experts also expressed concerns about child trafficking, street children in Nigeria, the lack of access to free education and the low completion rates for primary and secondary school.
The Committee will release its formal, written concluding observations and recommendations on the report of Nigeria towards the end of its three-week session, which will conclude on 11 June 2010.
The delegation of Nigeria included representatives from numerous governmental bodies including the Ministry of Health, the Ministry of Women Affairs and Social Development, the Federal Ministry of Justice, the Federal Ministry of Education, the Ministry of Foreign Affairs, the Senate Committee on Women Affairs, the National Child Rights Implementation Committee, the Nigeria Immigration Service, the National Population Commission, the National Commission for Refugees and the Children's Parliament.
As one of the 193 States parties to the Convention, Nigeria is obliged to present periodic reports to the Committee on its efforts to comply with the provisions of the treaty. The delegation was on hand throughout the day to present the report and to answer questions raised by Committee Experts.
The Committee will reconvene in public on Thursday, 27 May 2010 at 10 a.m., when it will begin consideration of the second periodic report of the Former Yugoslav Republic of Macedonia (CRC/C/MKD/2) as well as its initial reports under the Optional Protocols to the Convention on the involvement of children in armed conflict (CRC/C/OPAC/MKD/1) and on the sale of children, child prostitution and child pornography (CRC/C/OPSC/MKD/1) in Chamber A. In Chamber B the Committee will begin review of the third periodic report of Japan under the Convention (CRC/C/JPN/3) as well as the initial reports of Japan under the Optional Protocols to the Convention on the involvement of children in armed conflict (CRC/C/OPAC/JPN/1) and on the sale of children, child prostitution and child pornography (CRC/C/OPSC/JPN/1).
Report of Nigeria
According to the combined third and fourth periodic report of Nigeria (CRC/C/NGA/3-4), HIV/AIDS has had an enormous impact on the nation's children. According to the 2006 report published by the Federal Ministry of Health, there were about 2.9 to 3.3 million adults living with HIV/AIDS. The number of children orphaned and others made vulnerable by the HIV/AIDS epidemic has increased drastically since 2003. The estimated orphan population in Nigeria was 7 million in 2003, out of which 1.8 million was due to AIDS. It is projected that the numbers will increase exponentially to 8.2 million by 2010.
A pilot survey of street children revealed that more than 50 per cent of street children covered in the three pilot states were reportedly living with Malams (Islamic teachers) while 17.6 per cent lived under the bridge. Those found living or staying in their parental homes were between 6 to 10 per cent. These children (23.4 per cent) were found to have stayed on the street for up to 6 months; whilst less than 10 per cent of them had stayed between 3 to 4 years on the street. The major problems faced by street children were trafficking, automobile accidents, kidnapping and ailments such as fever, skin diseases and hunger. About 80 per cent of street children were faced with the problem of arrest/harassment with sexual harassment being a major issue in Lagos State.
The Immigration Service recently established a specialised Anti-Human Trafficking Department. The Nigeria Police Force also has a unit dealing with internal and external trafficking. Several NGOs have undertaken awareness programmes on the issue of human trafficking, especially of women and children. The impact of Nigeria's cooperation with countries of destination has resulted in an increase in the number of arrests and prosecution of those involved in women and child trafficking and other forms of sexual exploitation. Development partners and international agencies and NGOs have given material and technical support to the National Agency for the Prohibition of Trafficking in Persons to assist in the rescue, rehabilitation and social reintegration of trafficked persons.
Presentation of Report
IYOM JOSEPHINE ANENIH, Minister of Women Affairs and Social Development of Nigeria, presenting the report, said that it encapsulated the actions taken as well as the measures put in place to give effect to the provisions of the Convention on the Rights of the Child. It also highlighted the challenges that Nigeria faced in the process of domestication and implementation of the Convention.
Ms. Anenih went on to say that Nigeria mainstreamed the provisions of the Convention on the Rights of the Child into national legislation and practice with a 2003 law, the Child's Rights Act. Thirty six states of the Federal Republic of Nigeria had adopted the law as well, and efforts were being stepped up to ensure the remaining 12 states adopted the law so that all Nigerian children could enjoy the rights guaranteed in the Convention.
As it pursued universal adoption of the Child's Rights Act, Ms. Anenih said that Nigeria was also addressing the challenges associated with effective implementation at all tiers of government. Great strides had been made in the area of providing an enabling policy environment, including a National Child Policy, which translated the Child's Rights Act into specific objectives and targets. Guidelines had been established for the management and monitoring of orphanages and other childcare institutions and were being disseminated nationwide. Ms. Anenih was pleased to point out that family courts had been established in eight states and the Federal Capital Territory to ensure the effective enforcement of the Child's Rights Act.
As part of the national response to address the plight of orphans and vulnerable children in Nigeria, a National Plan of Action on Orphans and Vulnerable Children had been approved and disseminated widely to local and international partners to guide intervention efforts.
According to Ms. Anenih, the lack of data on the status of children had hindered their efforts to implement the Convention, but this was being addressed. As part of this effort, a National Situation Assessment and Analysis on Orphans and Vulnerable Children had been conducted and the country now had the statistics to facilitate a coordinated response to the phenomenon of orphans and vulnerable children. Other data generation efforts included baseline studies on child health indicators, child protection, children with disabilities, and a national demographic health survey. Instruments for these surveys were scrutinized and monitored to ensure that the data gaps in child development programmes were being bridged.
Ms. Anenih informed the Committee that Nigeria had a vibrant Children's Parliament at both the national and state levels to give children the right of participation and inclusion.
Nigeria's three tier system of government included federal, state and local governments. Ms. Anenih said there were serious challenges in the coordination of child development programmes at all three levels of government, but consultations had been initiated to address these issues. There would be an analysis of structures at this level, capacity building of key personnel, promotion of community participation, and coordination among government ministries, departments and agencies.
Ms. Anenih said that the State party had received and responded to the list of issues raised by the Committee. The questions that were raised focused on the domestication and implementation of the Child Rights Act, obstacles posed by religion and culture in the implementation of the Act, the compatibility of the county's development plans with child rights, and budget allocation to social sectors among other topics. Ms. Anenih was pleased to inform the Committee that comprehensive responses to the list of issues had been provided on what Nigeria had done and would do to improve the situation of the Nigerian child.
Ms. Anenih acknowledged that there were challenges posed by Nigeria's ethnic, cultural and religious diversity, but these were not insurmountable. The new administration was committed and willing to improve on the full implementation of the Convention on the Rights of the Child.
Questions by Experts
KAMEL FILALI, the Committee Expert serving as Rapporteur for the Report of Nigeria, said that the report would be the basis for a frank and open discussion of the successes and challenges faced by Nigeria in implementing the Convention, and he thanked the delegation for their extensive and timely response to the list of issues. Mr. Filali said there were 157 million inhabitants in Nigeria, 40 per cent of whom were under the age of 15, and Nigeria was making monumental efforts to promote the development of children in the context of the Convention on the Rights of the Child. The Rapporteur also acknowledged that Nigeria was making progress, particularly in the area of legislation and policy framework, despite unfortunate events that took place from time to time in the country that rendered children victims.
There were, however some areas of concern which the Rapporteur wanted to discuss. Mr. Filali said that preceding recommendations of the Committee were not taken into account such as coordination measures, data collection, the definition of the child in terms of age, the use of the death penalty in juvenile justice, children with disabilities, and corporal punishment.
The Rapporteur pointed out that Nigeria had signed the two Optional Protocols to the Convention 10 years ago and they were still not ratified. Mr. Filali felt that the two Optional Protocols would provide for improved application of the rights of the child in Nigeria and he wanted to know when the country planned to ratify them.
Another issue related to the 12 states in the country which had yet to introduce the rights of the child into their legislation. Sharia law was also practiced in Nigeria and this could make it difficult to find areas of agreement. He noted that the country had waged publicity campaigns, but sometimes this was not enough. What was being done specifically at the level of these 12 states to introduce and apply the law as well as harmonize Sharia with international treaty law?
Mr. Filali then asked what was happening to the bill on the protection of witnesses and how did Nigeria work with sultans, emirs and chiefs to apply the Convention?
The Rapporteur welcomed the efforts of the State and civil society to work together, but wanted to know if the State was shedding some of its responsibilities under the Convention and leaving too much to civil society and he asked how much money non-governmental organizations got from the Government?
Nigeria's human rights body was downgraded to Status B from Status A, as there seemed to be a lack of independence. What access was the Special Rapporteur on child rights given and what means did he have at his disposal to ensure that the rights of children were being implemented?
Efforts to combat corruption had been made, but they did not appear to have the desired results. What means were allocated to combat corruption such as training for police and the judicial system?
Mr. Filali then noted that there were groups who acted as morality militias in the country and he wanted more information from the delegation on these hezbas.
Other Experts then raised a series of questions pertaining to the coordination between federal, state and local governments on the rights of the child. How could the State party protect the rights of the child if the state and local governments had the option of not implementing the laws?
The Committee raised the question of how child rights goals were linked to actual budget lines and how resources were allocated to help the State meet these goals.
The issue of discrimination and gender inequality was also raised. An Expert wanted to know what was being done to address this issue and what was being done to end harmful practices against women and girls, including female genital mutilation, child marriages and ethnic and religious violence.
One Committee Expert noted with concern that there seemed to be no systematic dissemination of the Convention or training of judges and other human rights practitioners, or human rights education in schools to make people aware of the rights of the child. What measures had been taken, if any, to address human rights education and training?
The delegation was asked what efforts were being made to address the dearth of birth registrations in the country.
A Committee member asked whether having a department for children in the women's ministry was enough and who monitored the budget of this ministry as well as the coordination between ministries.
In terms of the definition of a child, what system was in place to ensure that local governments were following these definitions so that it filtered down to the lowest levels of government?
The delegation was asked what was being done to ensure the rights of children in rural areas, not only cities or towns. Also, were the views of the child respected throughout areas of society, including in judicial matters?
The Committee noted that Nigeria had been urged to abolish the death penalty for young people, but there were a number of prisoners on death row who had been sentenced to death before they were 18. This was also linked to birth registration because if people were not registered properly their ages could be incorrect. There was also the issue of Sharia law, which prescribed the death penalty for a number of crimes and also defined a child using a different standard so this needed to be addressed as well.
Under the topic of the right to life, the Committee expressed concern about the large number of children killed or orphaned by interethnic violence.
The Committee said that freedom of belief and religion needed to be protected by the State so that everyone, including children, could practice their religious beliefs in safety and security. The Committee asked the delegation for more information on the Interfaith Council as well as what was being done to reduce interfaith and interethnic violence.
The delegation was asked to explain how the superior right of the child was actually applied in practice. Was there any case law or court rulings the delegation could point out to illustrate how this law was put into practice?
The Committee also asked for more information on the respect to private life of the child, what access children had to information, and what rights children had to assembly.
Mr. Filali asked a follow up question about reports of ill treatment of children while in police custody. He also wanted to know what changes had been made in corporal punishment laws at the federal and state levels based on the Committee's previous recommendation.
Response by the Delegation
Responding to those questions and others, the delegation said that in terms of coordination between state bodies and ministries there was currently a bill before the national assembly to establish a child protection agency and this would be the main body to coordinate all the efforts to protect children. Nigeria was also in the process of amending the Constitution so this bill would be applicable all over the country.
On the topic of data collection, the delegation said that this had been stepped up in 2004 and some of this data had been used in their current report. It was an ongoing process and once a baseline was established, they could build on that by providing updates and identifying where there were gaps and start collecting data in those areas as well. Some of this data was already available to the public in hard copy, but it would also be published online.
The delegation then turned to the definition of the child. There were some states that had not adopted the age of 18 as the age of adulthood. The State felt that it was best not to discourage state level governments from passing the Child's Right Act in whole because they did not agree to the clause that defined 18 as the age of adulthood. If they wanted to define the age of adulthood as age 16, let them do it and the federal government would use advocacy to get them to change their minds. They were dealing with age old, entrenched cultural beliefs, so the Government would accept this age limit for now, but they continued to talk with these states with the hope of changing the law in the future.
One Committee Expert expressed concern that this approach was a chink in the armour of the law because it could lead to things like child marriage, which was harmful to the child so perhaps the State should be more forceful in setting the age limit. The delegation said it was a challenge, but one they could conquer. They had found that what worked best was engagement, advocacy and persuasion of religious leaders, sultans, emirs, etc. They could not approach these people with a confrontational stance, they had to approach them with deference and respect and they would reciprocate and do what they knew was right.
In terms of whether the State was abdicating its responsibility to civil society, the delegation assured the Committee this was not the case. The State did work with civil society organizations and it encouraged them to maintain their position as a government watchdog. Nigeria was a large country and there were many non-governmental organizations that the Government supported, so it might seem that the Government was not involved, but this was not the case. They wanted a cooperative stance with civil society to further synergy in the interest of children.
With regards to the rights of children in rural areas and the participation of children in society, the delegation informed the Committee that the Children's Parliament was not composed only of privileged children. The Children's Parliament was active at the federal, state and local levels so all children were represented.
Further Questions by Experts
The Committee asked the delegation for further information about the Children's Parliament. How was it organized and how was coordination carried out over the various levels and did the parliament serve as the watchdog of children's rights?
Response by Delegation
The delegation said that the Children's Parliament was carried out under the auspices of the Federal Ministry of Women Affairs and the Parliament acted in consultation with government bodies to add input on issues that affected children. The Children's Parliament was the voice of the voiceless Nigerian children. The Parliament was not there to make sure the rights were implemented; it was there to speak out on the issues the members felt affected them as children so that they would have input.
On the issue of birth registration, the delegation said up to 60 per cent of Nigerian women preferred to deliver their children at home so new initiatives had to be put in place to get these women to register their children. They were doing outreach to get women to come to facilities with their children using a health week every six months in every state to get them to come into these centres and register and immunize their children. The delegation said that at this point Nigeria did not have the capacity to offer mobile registration facilities. They were focused on building capacity in health centres with well-trained, qualified staff and working with the National Population Commission. They did not have the financial or personnel resources to send people out into the field. The delegation said there was no payment required to register a child.
The Committee asked if Nigeria had considered banning home births in an effort to increase registrations and cut down on untrained midwives. The delegation said the State could not ban home births. Nigeria was a big country and it was one thing to pass a law, it was another to implement it. These were age old practices and they could discourage it, but they were not as dangerous as people thought they were. In every locality there were midwives who were being taught modern skills, especially in the area of hygiene.
Further Questions by Experts
The Committee pointed out that the Government could require midwives to report any live births they attended, so why not obligate them to do so? The Committee also asked for clarification on fees required to pay for registration if it was done more than 60 days after the birth of a child.
Response by Delegation
The delegation said that midwives played an important role in pre-natal and post-natal care, particularly in rural areas, they were the health system's foot soldiers. They were part of a holistic approach to ensuring the rights of the mother and her child. There was a school of midwifery in every state, and they had doubled their enrolment so there would be more trained professionals to attend to women and children.
The delegation stressed there was no fee for birth registrations.
The delegation then turned to the Committee's concerns about the right to life. In terms of juveniles on death row, the delegation said there were no young persons currently on death row who were under the age of 18.
A Committee Expert clarified the question by asking whether there were any adults on death row who were convicted and sentenced as minors.
The delegation said that there were no cases of minors on death row currently in the Nigerian prison system and even before the Child's Right Act people under the age of 17 were not subject to capital punishment. There had been Supreme Court cases on this topic and the court had ruled that the law that was in effect at the time of the commission of the crime was applicable, which meant that no one could be sentenced to death if they were under the age of 17, or 18 in certain states, at the time of the crime. Even under the Sharia penal code there was the rule that children under the age of responsibility could not be sentenced to death.
The Committee pointed out that Sharia law did not always define a child as someone under the age of 18 so that did open the door to having a minor sentenced to death.
Further Questions by Experts
KAMEL FILALI, the Committee Expert serving as Rapporteur for the Report of Nigeria, asked the delegation if they could provide information on adoptions in the country. He expressed concern that there was an illegal adoption practice in the country that warranted examination and close government scrutiny. The Rapporteur also raised the issue of "baby farms" and trafficking in children.
Mr. Filali asked the delegation about the oil industry and its effect on children's health. There had been reports of increases in asthma, bronchitis and other respiratory ailments among children because of gases emitted from oil extraction.
In terms of harmful cultural practices, Mr. Filali asked about female genital mutilation, tattooing, witchcraft and stigmatization carried out by churches. What was being done to address these issues?
Mr. Filali then turned to the economic exploitation of children. He wanted to know more about the child labour unit including: what did it do, what was its mandate, what were its resources, and what results had been produced? He also wanted information on forced labour and child trafficking.
Turning to juvenile justice, what was the situation of family courts? Had they been set up and what was the State's assessment of them thus far? Were children still tried in adult courts and was there mistreatment while in police custody?
Mr. Filali asked about the status of children in armed conflict and whether there were mechanisms in place to keep children from being recruited into armed groups.
The Committee wanted to know what protections there were for children who were the victims of human trafficking and how they were reintegrated into society. Was there a national plan of action that focused on prevention and prosecution of child trafficking? Were there any awareness campaigns in place?
The Committee recognized all the efforts the State party had made in recent years to get more children in school, to better the quality of education, and to enhance the literacy of women and girls. Yet, there were still concerns about the fact that education was not free and compulsory, the enrolment rates were still low as were the completion rates of both primary and secondary school. Vocational training was also underdeveloped and made the transition from school to qualified labour very difficult, which could explain why so many children left school before completing their education. What was being done to address all these issues?
The delegation was asked what was being done to get children off the street and rehabilitate them.
The Committee wanted to know how the country managed to integrate sexual and reproductive health education in the school curriculum, whether it had been difficult and what the community reaction had been.
The delegation was asked if comprehensive data could be provided on children with disabilities and an Expert noted that it was counterproductive to use derogatory language when referring to children with disabilities such as lame, deaf, and dumb.
A Committee member commented that the allocation of resources for adolescent health was quite low, particularly reproductive health. A health survey showed that girls between 15 and 19 were the least likely to use contraception, there was a serious problem with lack of condom use, and unsafe abortions were a huge problem with no protections for women in cases of rape or incest. The Expert wanted to know what was being done to educate boys and girls in the area of reproductive health, what was being done to implement HIV/AIDS education in the school curriculum and to improve access to emergency contraception and post exposure prophylaxis. The delegation was also asked about the mental health services available to adolescents and eliminating user fees for female reproductive health. The Committee was also interested in hearing the views of the President of Nigeria's Children's Parliament, who was a member of the delegation, on the reproductive health of girls.
The Committee asked if there was data available on the programme for the prevention of HIV/AID