#BringBackOurGirls
The lawyer Osai Ojigho is a human rights defender and deputy executive director of Alliances for Africa. She witnessed the birth of one of the largest ever internet campaigns, #BringBackOurGirls, created to call for the release of a group of 276 girls who were abducted from a secondary school in the town of Chibok, Nigeria, on April 14 by members of the armed group Boko Haram.
In this interview, she explains how the campaign got started and what life is really like for women and girls who are forced into child marriages and who face female genital mutilation and many other human rights violations.
Read the full article here on the abduction of the girls in Chibok.
1. Could you please speak briefly about the existing laws to protect women’s and girls’ rights and the legal norms that curtail those rights? What are the gaps between good existing laws and cultural practices?
The Constitution of the Federal Republic of Nigeria, particularly Section 42(1)(a), provides that no one should be discriminated on basis of sex or any other reason. There is also the Trafficking in Persons (Prohibition) Law Enforcement and Administration Act 2003. Moreover, Nigeria has ratified a number of treaties, including the African Charter on Human and People’s Rights, CEDAW, the Protocol to the African Charter on the Rights of Women in Africa, the African Charter on the Rights and Welfare of the Child and the Convention on the Rights of the Child. The treaties relating to the rights of the child have been domesticated through the promulgation of the Child Rights Act 2003. Nigeria has also domesticated the African Charter on Human and Peoples Rights, Article 18(3) of which states that “The State shall ensure the elimination of every discrimination against women and also ensure the protection of the rights of the woman and the child as stipulated in international declarations and conventions” applies directly under Nigerian Law.However, since Nigeria is a federal country, every state (there are 36 states) has to pass the law in their state houses of assembly. About 23 states have done this. The majority of States that are yet to domesticate the Child Rights Act are the ones where sharia law is in operation [in Northern Nigeria].
There are also a few laws in some states that address the issue of violence against women, domestic violence, withdrawal of girls from school, FGM etc., but this varies from state to state, and there is not one nationally applicable law that protect women and girls’ rights. The criminal code and penal code, applicable in Southern and Northern Nigeria respectively, prohibit and punish rape and indecent assault. However, Section 55(1)(d) Penal Code, applicable in Northern Nigeria, provides that chastisement of a wife by her husband is not a crime, provided their native law and customs permit it and it does not cause grievous hurt. Essentially, certain cultural and religious practices condone child marriage, FGM and submissiveness in wives, but this also varies from state to state.
In practice, the laws are not implemented fully due to poor reporting of violations against women and girls.
2. You mention that Nigeria Northern states apply Shari’a law, including laws that affect women and girls, in a wide range of areas. Could you please elaborate further?
Sharia law covers certain aspects of personal law that govern family relations, marriage, divorce and child care or custody. The common conflicts we have seen between the application of Sharia law and international human rights law are: minimum age of marriage, polygamy and women’s rights under a marriage. For example, where the Child Rights Act states that the minimum age of marriage for both boys and girls is 18 years old, Sharia law permits the marriage of a girl who has attained puberty (usually between 9 – 16 years of age).
3. The kidnapping occurs at a moment when the political climate and legal reforms in relation to sexuality, and in particular homosexuality, have taken quite draconian turns. Can you elaborate of this connection along the line of thinking developed by the South African ANNID (All Nigerian Nationals in the Diaspora) chapter in the memorandum they made public that reads as follows: “The government must continue to strive to create a better economy and a better life for all Nigerians irrespective of religion, age, gender, sexual orientation or background. The government must also ensure that the security of life and property of all Nigerians is paramount.
The Federal Government passed the Same Sex Marriage Prohibition Act in 2013, but in my opinion this is not connected to the kidnapping. While we cannot ignore the intolerance for homosexuality, the enactment of that law was primarily to score political support from the generally conservative and religious communities that exist in Nigeria. The kidnapping of the girls in the school in Chibok, Borno State by Boko Haram extremist group does, however, relate to the vulnerability women and girls face in armed conflict. The movement of the girls across the borders highlights the risk of trafficking and the use of women and girls as spoils of war. The position of Boko Haram as relates to education affects both boys and girls. These incidents highlight the need to deal with terrorism and provide protection for civilians in armed conflict, whether it is an international one or not, and most importantly to address the importance and rights of all children especially girls to education.
4. What has been the response and reaction of the Nigerian society in relation to the episode and the State’s response?
Nigerians have been appalled by the inaction of the State in investigating the crime. It was most shocking that the President waited over 2 weeks to address the country about the act. It was reported that when the authorities were informed of the abduction/kidnap, the families of the missing girls (taken 14 April) were told that security agents were working to find them. However, 2 weeks after the reports, nothing had been done. This led to women groups, human rights activists and NGOs to organize series of protest around Nigeria to demand for action. The #BringBackOurGirls campaign started off as advocacy to the Nigerian government for justice. The State was initially slow to respond to any enquiry but when the international Press got interested in the campaign and with many prominent people including music stars interested, the President set up a committee and has now accepted help from the US, UK and France.
5. Please tell us about the Campaign and the initiatives that Alliances for Africa has been engaged in to raise awareness about the situation and advocate for the safe return of the girls. Initiatives of other civil society groups in Nigeria?
The #BringBackOurGirls campaign was started by a tweet (using the hashtag), sent by former Nigerian minister, Ms. Oby Ezekwesili (@obyezeks), at an event. A group of NGOs, under the auspices of Women for Justice and Peace, have organized protests in different cities and towns in Nigeria calling for action. Another hashtag being used is: #ChibokGirls.
Alliances for Africa has participated in the protests in Lagos State, Nigeria. As the secretariat of the Nigerian Feminist Forum, we drafted and circulated a press release, and with partners we have petitioned the African Committee of Experts on the Rights and Welfare the Child (ACERWC) to generally address the question of children’s right to education in conflict situations and specifically to request for the government of Nigeria to facilitate the investigation and prosecution of those responsible and take steps to provide psycho-social, medical and legal services for the girls when they return.
6. Do you think the response of the Nigerian government and the International Community has been appropriate and adequate? If yes, how so, and if no, why not?
The Nigerian government response was slow, and this has affected the chances of saving the girls. If Nigerian law enforcement agents had responded quickly once they got the report, they would have had a higher chance of rescuing the girls. The international community responded as soon as the news became viral on twitter, and some governments (US, UK) have offered intelligence support in locating where the girls are held and securing their release. The support from media, NGOs and influential figures outside of Nigeria has been overwhelming. It has really made people hopeful that the visibility given to the abduction by the international community will put pressure on the Nigerian government to act and also serves as a watchdog to monitor the government’s actions and processes.
7. What do you think about the possibility that the ICC might open up a formal investigation into the situation in Nigeria?
The ICC was investigating Nigeria before the incident. Therefore, it is only a matter of time before the ICC moves in to collect more information to assist it in its decision about whether grievous crimes have been committed by both the government and the extremist groups. The ICC Chief Prosecutor, Fatou Bensouda, also issued a statement condemning the abduction and allegations of gross violations in areas affected by the violence.
8. Criticism has been issued that the intervention of the U.S. could lead to the militarization of Nigeria by the U.S. (Guardian article). Could you please share your thoughts on this?
This is a possibility because the US has established military outposts in countries where it had intervened, such as Iraq and Afghanistan. However, the US and Nigeria have a long-standing relationship, and there have been exchanges in other areas- such as trade- between the two countries.
9. What has been the involvement of neighboring countries, ECOWAS, other African nations, and the AU?
Like I said earlier, many people and institutions outside of Nigeria have responded by retweeting and talking about the abduction, including demanding more progressive and effective action from the Nigerian government. The African Union Commission has issued statements condemning the attack. NGOs in neighbouring counties including Liberia and Kenya organized rallies and processions to the respective Nigerian Embassy in their countries. Heads of States from countries bordering Nigeria, e.g. Cameroon, Niger, Chad, attended a security meeting with Nigeria’s President hosted by President Hollande in Paris.
10. In its communiqué, the South African Chapter of ANNID issues an “appeal to international mass media and Amnesty Int’l to play down political propaganda against Nigerian Federal Government”. What do you think about the reporting of both the local and the international media? Are there issues you feel should be getting coverage but aren’t?
The international media complements reporting on the ground by local media and NGOs. Although the government has now shared some of the steps it is taking to secure the release of the girls and combat rising violence, there is still limited information about the incident. For example, we do not know the exact number of girls abducted. And the media has to rely on figures which are not complete. Both international and local mass media have highlighted most of the issues, and this has really helped in projecting the weaknesses and challenges of the security sector and this can only be a step in the right direction in holding the government accountable for protecting human rights in the country.
