COMMUNIQUE FOR CAPACITY BUILDING WORKSHOP ON SHADOW REPORTING AND FOLLOW UP ON OBLIGATIONS IN RELATION TO HUMAN RIGHTS MONITORING AND REPORTING MECHANISMS ON SGBV/VAWG/HP AND SRHR

INTRODUCTION

The Capacity Building Workshop on Shadow Reporting and Follow up on Obligations in Relation to Human Rights Monitoring and Reporting Mechanisms on sexual and gender based violence (SGBV), violence against women and girls (VAWG), harmful practices (HP) and promotion of sexual and reproductive health and rights (SRHR) of women and girls was convened by Centre for Social Justice (CSJ) with the support of the European Union-United Nations Spotlight Initiative at 3 Jays Hotel, Utako, Abuja  on August 20^th and 21^st  2020. Participation was drawn from Women’s and Girls’ Rights Groups, Civil Society Organisations, Media and Faith Based Groups.

The workshop is part of a series of activities under the Spotlight Initiative which seeks to eliminate violence against women and girls with the overall vision of a Nigeria where all women and girls, particularly the most vulnerable, live a life free from violence and harmful practices.

The workshop was convened to contribute to an outcome: National and sub-national systems and institutions plan, fund and deliver evidence-based programmes that prevent and respond to violence against women and girls and harmful practices in all sectors. The planned output is that women rights advocates, civil society groups and the media have greater knowledge, capacity and tools on gender accountability and responsive programming and engagement of government to eliminate VAWG/SGBV/HP/ and promote women’s and girls’ SRHR.

The objectives were designed from the demand side considering that the Federal Government voluntarily entered human rights obligations which it is expected to perform, pact sunt servanda. The workshop is to build capacity of the afore-mentioned groups to have a deep appreciation of:

• The purpose of shadow reporting in the context of official reporting by State parties to treaty and non-treaty mechanisms supervising international standards on VAWG/SGBV/HP and women’s and girls’ access to SRHR;
• The preparation and drafting of a shadow report on VAWG/SGBV/HP/SRHR;
• The submission of shadow reports on VAWG/SGBV/HP/SRHR to expert bodies and engagement strategies;
• Follow up mechanisms and processes after examination of States parties reports and use of concluding observations;
• Establish the relationship for continued institutional knowledge support within the project period.

The topics presented were as follows:

(a) The Purpose of Shadow Reporting.

(b) Standards on SGBV/VAWG/HP and SRHR under which Shadow Reports can be Submitted.

(c) Indicators for Reporting of key articles under CEDAW and other Standards.

(d) Review of Previous Nigerian Reports and their Shadow Reports.

(e) At the Committee or Expert Body.

(f) Follow up Mechanisms.

The participants undertook group discussions which focused on identifying laws, policies and practices which violate women’s rights as encapsulated in the Convention on the Elimination of all Forms of Discrimination against Women (CEDAW) as well as recommendations for new laws, policies and change of practices to properly align Nigeria with her CEDAW obligations.

 OBSERVATIONS

The Workshop Made the Following Observations

• Nigeria has a fundamental obligation to align her laws, policies and practices with the requirements of international and regional treaties on the human rights of women including CEDAW, either shortly before the ratification of the treaties or immediately thereafter.

• Nigeria cannot plead her domestic laws, policies and practices as defence to the violation of international and regional treaty obligations.

• The rights of women and girls in Nigeria and indeed, worldwide to be free from all forms of violence, especially violence that amounts to torture, inhuman and degrading treatment, has attained the status of jus cogens, being peremptory norms of customary international law from which no derogations are permissible.

• There are several legal and policy provisions that protect women and girls from SGBV/VAWG/HP. These include the Constitution of the Federal Republic of Nigeria 1999 (as amended), State level Criminal and Penal Codes, National and State level Gender Policies, the Compulsory, Free, Universal Basic Education Act. Others include all treaties and standards ratified and applicable to Nigeria – CEDAW, Sustainable Development Goal 5; United Nations Declaration on the Elimination of Violence against Women (DEVAW); the Beijing Declaration and Platform for Action; Protocol to the African Charter on Human and Peoples’ Rights on the Rights of Women in Africa; the International Covenants on Civil and Political Rights (ICCPR) and Economic, Social and Cultural Rights (ICESCR), etc.

• The establishment of Ministries of Women Affairs at the federal level and across the thirty-six states of the Federation. However, the Ministries need to be adequately resourced.

• Gender mainstreaming has not been vigorously implemented in government programmes while the capacity for gender responsive budgeting is yet to be developed.

• The Violence against Persons Prohibition Act is a revolutionary piece of legislation which needs to be vigorously implemented as well as adopted in all States of the Federation.

• The Child Rights Act is also another great piece of legislation which needs to be adopted and vigorously implemented in all states of the Federation.

• SGBV/VAWG/HP contrary to legal provisions, manifests in various dimensions in the home, in the community, public places and at places of work. These include domestic violence, emotional violence, rape, sexual harassment in schools and workplaces, stalking, female genital mutilation (FGM), femicide, denial of education, disinheritance, widowhood practices, stigmatisation and shaming, etc.

•  Violations of the SRHR of women and girls manifest in forced marriages, child brides, teenage motherhood, forced pregnancies, denial of maternal care including ante natal and safe delivery care, vesico vaginal fistula (VVF), unsafe abortion and denial of use of contraceptives. It also manifests in the undue increase of the Nigerian population – a situation where population growth outstrips economic growth.

•  Nigeria’s high levels of maternal and child mortality and morbidity are unacceptable and cannot be justified on the excuse of lack of resources.

• Despite the universal, free and compulsory basic education law and programme, many Nigerian girls (over 60% of the 13.5 million out of school children) did not attain basic education.

 RESOLUTIONS

Based On The Foregoing Observations, The Workshop Participants Resolved As Follows:

• The National Assembly in collaboration with the Nigerian Law Reform Commission, the Federal Ministry of Justice and relevant civil society organisations should undertake a comprehensive review of laws and policies at the federal level against the background of state obligations in CEDAW and other relevant standards, while the same should be replicated by State Houses of Assembly and relevant agencies and CSOs at the state level.

• Commit to independent identification of the offensive laws and policies to kickstart the process in recommendation “a” above.

• Specifically call for:

-Inclusion of “gender character” or affirmative action in the Constitution of the Federal Republic of Nigeria 1999 (as amended).

-Amendment of S.29 of the Constitution to guarantee unequivocally that 18 years is the minimum age of marriage.

-Amendment of S.26 (2) of the Constitution, being the citizenship by registration provision of the Constitution to enable women confer Nigerian nationality on their spouse.

-Amendment of laws and policies to guarantee that women after marriage, do not suffer discrimination in public life, political appointments and attainments based on their “state of origin”.

-Amendment of laws and policies that discriminate against women in employment and equal pay for work of equal value.

-Enact the Gender and Equal Opportunities Bill into law.

• Call for the inclusion of maternal and child health as fundamental rights in Chapter Four of the Constitution of the Federal Republic of Nigeria 1999 (as amended) and the funding should come as a first line charge in statutory transfers.

• The Ministries of Women Affairs at the federal level and across the thirty-six states of the Federation should be adequately resourced in terms of personnel, finance, technology, etc.

• Gender mainstreaming should be vigorously implemented in government’s programmes while capacity building for gender responsive budgeting should be intensified.

• CSOs should intensify advocacy for the vigorous implementation of the Violence against Persons Prohibition Act and the Child Rights Act as well as their adoption in all States of the Federation.

• CSOs should intensify advocacy for the vigorous implementation of the Compulsory Free and Universal Basic Education Act especially through the adoption of a special intervention on the education of the Girl Child.

• Commit to education and sensitisation of law enforcement agents, prosecutors and judicial officers on the implementation and enforcement of laws that criminalise SGBV/VAWG and HP as well as violations of the SRHR of women and girls.

• Commit to vigorous action research, advocacy, networking on the drastic reduction of Nigeria’s high levels of maternal and child mortality as well as capacity building of state and non-state actors on strategies and actions for reducing maternal and child mortality and morbidity.

• Commit to effective participation in the shadow reporting process to CEDAW at Nigeria’s next reporting period.