We recall that Nigeria is a state party to the United Nations Convention on the Rights of the Child, the African Charter on the Rights and Welfare of the Child and has enacted a Child Rights Act as a federal law which has been domesticated in many states of the Federation. We further recall the provisions of the Fundamental Objectives and Directive Principles of State Policy [(S.17 (3) (f)], that children shall be protected against any exploitation and against moral and material neglect.
It is a fundamental aphorism, attaining the status of a peremptory norm of human civilization, and of which no derogation is permissible (jus cogens), that the best interest of the child shall be the primary consideration in all decisions and actions about children by public and private operatives. We welcome the dry letters of the Compulsory, Free, Universal Basic Education Act, 2004 but note that no similar provision has been made on the right to health of Nigerian children.
The following recent statistics on the state of Nigerian children is depressing: 37% of Nigerian Children are malnourished; 43.6% of Nigerian children under the age of five suffer from stunted growth; about 70 million Nigerians including children lack access to safe drinking water; and over 110 million Nigerians including children lack access to improved sanitation. Over 124,000 Nigerian children under the age of five die yearly due to diarrhea; 77% of children aged between 12-23 months have not received all the recommended routine vaccinations while 40% of children within this age group did not receive any vaccinations at all.
In education, about 42% of the Nigerian population fall under the category of children and one third of children aged from 6 to 14 do not go to schools. Those in school learn under very poor conditions with very high pupil to teacher ratio, outdated school curriculum; schools without libraries and laboratories; teachers that are owed a backlog of salaries and other emoluments, etc. Essentially, the Universal Basic Education Act is more observed in the breach as its dry letters neither attracts traction for compliance nor sanctions for defaulters. As we write, over N60billion is outstanding with the Universal Basic Education Commission and the states have failed, refused and neglected to access the money to advance the cause of children’s education.
Again, some Nigerian children are forced to suffer child marriage, sexual abuse, forced labour and kidnapping; some are sold as commodities whilst others are often victims of physical and mental abuse, violence and neglect by parents and guardians. The pathetic case of children living in the North East who have borne the pangs of the insurgency – from the kidnapped Chibok Girls, the Buni Yadi Massacre of Innocent Boys to the Dapchi Kidnap with the continued bondage of Leah Sharibu, held for her Christian Faith while others were released. Children in the North East have also been used for suicide bombing, being a worst case scenario – the children die and in the process take the lives of several others.
From the foregoing, it is clear that the present administration at the federal, state and local government levels and previous administrations have failed to protect the rights of the child. In the light of the foregoing, CSJ therefore makes the following recommendations.
The Federal and State Governments:
The 2018 Children’s day celebrations provide an opportunity for a new beginning. President Muhammadu Buhari and the state governors should lead this process for a new beginning.
Eze Onyekpere Esq
Lead Director