THE term “Equal” is defined as one of the same measures or one that is identical in value.
This, when put alongside rights and opportunities connotes that all persons whether male or female are entitled to the same measure of rights and opportunities that are made available in all strata of life, devoid of discrimination of whatever kind.
Thus it is apt to say that every individual member of the society is given the enabling environment and facility to enjoy his fundamental rights without discrimination as a result of sex, disability, status and origin, etc.
This has been attested to by Sections. 42 (1) and (2) of the 1999 Constitution, which guarantee freedom from discrimination to all persons:
Section 17 (1) of the 1999 Constitution provides for the social objectives and states that the state social order is founded on the ideals of Freedom, Equality and Justice. Section 17(3) (a) also states that the State shall direct its policy towards ensuring that:
All citizens without discrimination on any group whatsoever have the opportunity for securing adequate means of livelihood as well as adequate opportunity to secure suitable employment.
Though provisions such as the above exist, which seeks to promote equality amongst all persons irrespective of their gender, there are still elements of structural inequality which are in place and have inhibited the people in Nigeria and in Edo from benefiting from equal rights and opportunities that crop up in social, economic and political sectors of the society.
TYPES OF DISCRIMINATION
Discrimination comes in many forms. It is referred to as the practice of treating a particular group in a society less fairly than others.
Types of discrimination include the following:
1. Gender inequality where women are discriminated against.
2. Discrimination in respect of disabled persons
3. Sex discrimination which is based on citizenship where Nigerian women cannot transmit citizenship to their foreign spouses even when their male counterpart can, as a result of the disability imposed by the 1999 constitution.
4. Discrimination against people living with HIV/AIDS
5. Discrimination based on quota system.
The above are some of the discriminatory measures that are in place in Nigeria. However, it is to be noted that the list is not exhaustive.
DISCRIMINATION AGAINST WOMEN
Discrimination against women existed from the colonial era as women were relegated to the background and excluded from exercising their rights in the society. A report of the Federal Government to the Committee on the Elimination of all forms of Discrimination Against Women (CEDAW) states that the traditional concept of the role of women in society is one of domestic drudges, wives and mothers of the nation.
These practices have hindered women from contributing their own quota to the social and economic development of the nation. Discrimination has affected women’s political and civil rights as few women run for political offices. One tends to find out that only affluent or kin-rich women who have supportive extended family are the ones who participate in modern democracies rather than impoverished, kin-poor women who cannot depend on assistance from their extended family.
The low level participation of women is also traced to the fact that the men who are the key players in polities have dominated this area and exercised bias towards women so that it becomes difficult for women to break in. Currently, there is no woman who is chair person of any political party. More so, political meetings are usually held at odd hours which would start at midnight.
This makes it difficult for a married woman to attend such meetings. It is to be noted that there is presently only one woman in the Edo State House of Assembly. At the Federal level, the men outnumber the women in both the Senate and House of Representatives.
Another factor is the traditional mindset of society which sees a woman politician as someone who is promiscuous and is regarded as having abdicated her responsibilities in the home. These discriminatory practices prevent the women from exercising their civil rights and therefore are unable to contribute to the progress and development of the nation.
Another area where discrimination is seen is in terms of employment. It has been noted that employers are very reluctant to employ women for fear of the fact that they would proceed on maternity leave or would always ask for permission to take care of a sick child. Recently, it was reported that the Inspector General of Police made a declaration to the effect that female officers whose husbands are living with them in the barracks should move out. In the banking sector, it is a rule that female bankers cannot get pregnant within two years of employment. If they do so, they are dismissed.
This rule is considered draconian in nature and has debunked the equal opportunity employment rights as provided for in Article II of the United Nations Convention on the Elimination of all forms of Discrimination against women (CEDAW) to which Nigeria is a signatory. Section 17 (3) of the 1999 Constitution, S. 17(3) (e) also provides that the government shall endeavour to ensure equal pay for equal work without discrimination on account of sex or any ground whatsoever”.
It should be noted that the primary responsibility for domestic labour falls on women and until men and women bear equal responsibility for household labour, women will have limited access to employment opportunities and upward mobility in the economic sector of the country. There presently exists a discriminatory taxation law, which restrains gender inequality. An example of this is seen where tax relieves and exemptions, which are available to the man are not given to the woman because she is presumed to be under the maintenance and care of her husband.
Another area where women’s rights to equal rights and opportunities are impeded is in inheritance and property rights The law of succession as relating to intestacy under customer law shows a lot of discrimination against women.
When a man dies intestate, his property devolves to his children as family property and in most societies like Edo State, the eldest male child of the deceased inherits his father’s house where he live and died (referred to as Igioghe) to the exclusion of his younger ones. The wife and female children are usually left out.
The courts in Nigeria have also not helped matters in this regard as they have helped in upholding such customs which marginalize the women. For instance, in Okunghowa Qkunghowa, a deceased bequeathed the main house when he lived and died to his eldest daughter who took care of him during his lifetime and gave the boys’ quarters to his eldest son.
The court held that the eldest son could not be denied the inheritance of the lgiogbe which comprised of the main house and the boys’ quarters.
A widow’s interest in her late husband’s house is merely possessory and proprietary under customary law so she is not empowered to share in the property of her deceased husband. She is also not allowed to dispose of it but can only choose to live in it to ensure her maintenance.
These unfair practices offend the principles of natural justice, equity and good conscience as it is often the case that during her husband’s lifetime, she might have toiled to bring about the acquisition of such property. This also offends Section 42(1) of the 1999 constitution which bars discrimination and deprivation on grounds of sex.
The Convention for the Elimination of All forms of Discrimination against Women (CEEAW) is an international instrument which set standards of. equality between women and men and stands as a bill of rights for women to set as an agenda, for action to guarantee these rights. Article seven of CEDAW defines discrimination against women as any distinction, exclusion or restriction made on the basis of sex in the political, economic, social, cultural, civil as well as any other field that can bring about unequal treatment between men and women.
The African Charter on Human and Peoples Rights, 1981, provides that the individual’s enjoyment of rights and freedom are guaranteed without distinction of any kind such as race, ethnic group, sex, birth or religion.
The Charter guarantees gender equality, security, integrity, dignity and liberty and has been ratified into our domestic legislation. There is also the African Protocol on the Rights of Women which came into force on November 25th, 2005 and has also been ratified by more than 20 countries including Nigeria. The Protocol calls on member states to ensure equality and, the enjoyment of equal rights in marriage, reform existing discriminatory laws and practices in order to promote and protect the rights of the women.
There are also other international Conventions that provide for the promotion of women rights. Some of them include the Declaration on the Elimination of violence against women, Beijing Declaration and Platform for Action, 1995, the International Covenant on Civil and Political Rights, 1966.
In Nigeria, Sections 33 and 34 which provides for right to life and right to the dignity of the human person connote that no one is to be discriminated against. However, in some areas or cultures in Nigeria, women are still subjected to degrading treatment known as widowhood rites after the death of their husbands and this is a violation of their right to equal rights as the men who lose their wives do not undergo such inhuman treatments.
The prohibition of discrimination against women thus extends beyond traditional categories of human rights to other fields where discrimination may occur. This can be seen in the area of citizenship rights. Section 26 (2) of the 1999 Constitution allows a Nigerian male to marry a foreigner and upon marriage, the women automatically becomes a Nigerian citizen.
This however is not the case of a Nigerian female who marries, a foreigner. The foreigner does not assume automatic citizenship but rather has to go through the process of naturalization by fulfilling the conditions laid in section 27(g) (i) and (ii).
This in my humble opinion violates the international human rights conventions to which Nigeria is a signatory, and to the tenets of equality provided in the Constitution. It introduces barriers to what a family can collectively do given the disability, arising from the fact that a foreign spouse is not automatically a citizen. This means that lip service is paid to equal rights and equal opportunities as it is not practiced in reality especially as section 42 of the Constitution forbids discrimination on the basis of sex among other grounds.
In Edo state, despite the plethora of anti-discriminatory laws like Female Genital Mutilation (Prohibition) Laws, 1999, Widowhood Rites Law, Protection of the Rights of People Living with AIDS, the Child Rights Law, Criminal code Amendment on Prostitution and Human Trafficking Law, there appears to be no concrete steps for effective implementation of these laws. For instance, despite passing the Widowhood Rites Law, mourning rites continue to be practiced with no sanctions given.
There also appears to be very slow steps towards women asserting their rights. However, with trail blazers like Prof Grace Aide-Williams, Mrs. Ifueko OmoiguiOkaru and other notable women together with women organizations and NGOs, there has been a slight push by the women to exercise their rights.
The traditional concept in most African societies and in Edo state, where women are treated a little better than beasts of burden still prevails as the empowerment of women in the context of gender equality has not been vigorously pursued by them.
This is because women who have been able to demand for their rights are very few compared to those who have not as a lot of them are illiterates and are ignorant about the fact that they have equal rights as much as their male counterparts. The low representation of women in the affairs of Edo state and Nigeria does not augur well for gender equality and equity.
From the above, it can be seen that women face enormous challenges in the areas of environment, values and male domination of existing organizations heightened by societal expectations and attitudes. It is therefore suggested that discriminatory practices targeted at maltreating women must be done away with and be replaced by an understanding of the worth of the woman as a genuine partner who has as much as the male to contribute.
DISABLED PERSONS
Disabled persons face a lot of barriers concerning their rights. A study of major and regional human rights instruments reveal that there are no specific reference to discrimination against persons with disabilities, rather it can be discerned from the same instruments that disabled persons fall within the generic category of children, women or disadvantaged groups who suffer discrimination.
An example of this can be seen in Article 2 of the United Nations Convention on the Rights of the Child, 1989 (CRC) which sets standard for all children without discrimination of any kind including discrimination on the ground of the sex of the child or the child’s parents or legal guardian within a wide range of other forms of discrimination.
Presently, there is the United Nations Convention on the Rights of Persons with Disabilities (CRPD), which makes a vital shift in attitudes and approaches to persons with disabilities. They have presently been viewed as objects of charity rather than as subjects with rights who are capable of claiming those rights and making decisions for their lives based on their free and informed consent as well as being active members of their society.
The CRPID addresses equality and non-discrimination under its Article 5 while Article 2 defines discrimination of any person on the basis of disability. Any discrimination of any person on the basis of disability is a violation of other established international human rights conventions.
The CRPD acknowledges and recognizes the difficult conditions faced by persons with disabilities who are subject to multiple forms of discrimination on the basis of race, colour, sex, language, religion and so on. Persons with disabilities remain among the most marginalized and are barred by a wide range of physical, legal and social harriers from achieving their full potentials in society.
Despite Nigeria becoming a signatory to the CRPD since 2007, it is yet to ratify it. Calls have been made by Nigerians in the Diaspora on Nigeria to ratify the CPRD as it will further demonstrate Nigeria’s commitment to the principle of nondiscrimination, exclusion and equal opportunities for all people in the society.
The CRPD include specific provisions relating to rehabilitation, education, employment, health and other areas. There are presently 22 million people living with disabilities in Nigeria yet there is presently no specific provision in the 1999 Constitution that protects the disabled.
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