Country Report Nigeria Final June 2018 · DRF / DRAF Grantmaking Committee Meeting 1 Nigeria...

DRF / DRAF Grantmaking Committee Meeting

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Nigeria Country Report June 2018

Governance and Current Affairs General Overview The Federal Republic of Nigeria, located in West Africa, is the 14th largest country in Africa (351,648 sq miles/923,768 sq km2).1 Ranked as the 7th most populous country in the world, Nigeria has one of the fastest growing populations, currently estimated at 195,664,102.2 The country consists of at least 371 ethnic groups, the largest of which are the Igbo, Hausa, and Yoruba. 3 Nigeria’s population is roughly 50% Muslim, 40% Christian, while 10% adhere to local religions.4 The north of Nigeria is predominantly Muslim, while the south is largely Christian, and there are resultant political and economic divisions. 5 Nigeria’s population is young, with 62% of the people under the age of 25 and an overall median age of 18.4 years.6 Just over half of the country’s population, 51%, live in rural areas.7

1 Statistics Times, “List of African Countries by Area”, March 12, 2014, http://statisticstimes.com/geography/african-countries-by-area.php. 2 CIA, The World Factbook, July 2017, https://www.cia.gov/library/publications/the-world-factbook/rankorder/2119rank.html. 3 “Full list of all 371 tribes in Nigeria, states where they originate”, Vangard News, May 10, 2017, https://www.vanguardngr.com/2017/05/full-list-of-all-371-tribes-in-nigeria-states-where-they-originate/. 4 CIA, The World Factbook: Nigeria, May 2, 2018, https://www.cia.gov/Library/publications/the-world-factbook/geos/ni.html. 5 Statistics Times, “List of African Countries by Area”, March 12, 2014, http://statisticstimes.com/geography/african-countries-by-area.php. 6 CIA, The World Factbook: Nigeria, May 2, 2018, https://www.cia.gov/Library/publications/the-world-factbook/geos/ni.html. 7 The World Bank, “Rural Population (% of total population)”, 2014, https://data.worldbank.org/indicator/SP.RUR.TOTL.ZS?locations=NG.


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Nigeria’s economy, the largest in Africa, is heavily reliant on oil as its main source of revenue. Due to the volatility of global oil prices, the GDP growth rate remains highly variable, from a high of 8% in 2006 to a low of 1.5% in 2016. As a result of falling oil prices, the country fell into a recession in 2016; however, recovery of oil prices in 2017 had a positive effect on GDP. In spite of economic growth, 62% of Nigeria’s population still lives in extreme poverty, while a small group of elites enjoy increasing wealth, giving rise to extreme income inequality. 8 According to Oxfam the combined wealth of the five richest persons in Nigeria, $29 billion, could end extreme poverty at a national level.9 Challenges related to infrastructure, regulations, restrictive trade policies, insecurity, and corruption continue to affect efforts to reduce poverty. The Legatum Institute, a London based think tank, cites Nigeria’s failure to redistribute its oil wealth to its citizens as another major factor limiting poverty reduction.10 President Buhari has been making concerted efforts to address some of these challenges by bringing technocrats into the cabinet. The government’s priorities are to increase transparency, curb corruption, and increase investment in roads, power, and agriculture through public-private partnerships.11 Overall, the southern region of Nigeria is richer and has far better socio-economic indicators than the North. The oil reserves in the Niger Delta are one source of wealth. As well, Lagos, the commercial and media capital of the country is an economic engine. The South also benefits from remittances from a growing diaspora. In contrast, the North is larger but also poorer with poor health and economic indicators. Its population has lower access to education than the South. Fear of domination by the South has led to the North pushing for political power. In fact, many of Nigeria’s military dictators were Northerners. As a result, there is always an ongoing effort within political parties to find a delicate balance of power between Northerners and Southerners.12 Rural poverty remains a huge challenge for Nigeria. More than 70% of the rural population relies on subsistence farming to produce 90% of Nigeria’s food.13 While agriculture contributed one fifth of the country’s GDP, Nigeria’s agricultural sector remains underdeveloped due to poor roads, lack of land ownership, limited equipment, and barriers to market. Rural schools, healthcare, and access to clean water also remain inadequate. In 2016, Nigeria ranked 152 out of 188 countries in the Human Development Index. While still low overall, it was an

8 CIA, The World Factbook: Nigeria, May 2, 2018, https://www.cia.gov/Library/publications/the-world-factbook/geos/ni.html. 9 Oxfam International. “Nigeria: Extreme inequality in numbers”, May 2018, https://www.oxfam.org/en/even-it-nigeria/nigeria-extreme-inequality-numbers. 10 Kazeem, Y. “Still Broke – Some of the world’s biggest countries have managed to reduce extreme poverty – except Nigeria”, Quartz Africa, April 21, 2017, https://qz.com/963465/some-of-the-worlds-biggest-countries-have-managed-to-wrangle-extreme-poverty-except-nigeria/. 11 CIA, The World Factbook: Nigeria, May 02, 2018, https://www.cia.gov/Library/publications/the-world-factbook/geos/ni.html. 12 Campbell, J. “Why Nigeria’s North South Distinction is So Important”. Huffington Post, May 25, 2011, https://www.huffingtonpost.com/amb-john-campbell/why-nigerias-north-south-_b_817734.html. 13 IFAD. Nigeria May 2018, https://www.ifad.org/web/operations/country/id/nigeria.


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increase from previous years due to a 7-year increase in life expectancy (53.1), years of schooling (10 years), and income per capita ($5,443).14 In recent years Nigeria has experienced high levels of insecurity. The main security threats are due to rising tensions in and calls for the independent state of Biafra in the Southeast and renewed Niger Delta Militancy, which was met with a violent military response.15 Since 2011 Boko Haram has increased terrorist attacks on religious and political groups, the police, military, and civilians. Their abduction of over 200 girls in 2014 drew international attention. Recently, Nigeria has also seen rising tensions between traditional crop farmers and nomadic cattle herders, the Fulani. This new challenge arises from the rising scarcity of water and shrinking grazing fields. The dynamic also has religious tones with the herders being largely Muslim while the crop farmers are largely Christian and animatic.

History and Political Background The territory now known as Nigeria has a long and illustrious history dating as far back as 9,000 BC. It became one territory when the British unified the Northern Nigerian Protectorate, Southern Nigerian Protectorate and Lagos Colony in 1914. After more than 50 years of British rule, Nigeria gained its independence in 1960, holding the first elections in 1964. The period following independence was marked by a series of military coups until the military head of state, General Abubakar, heralded political transition in 1998. A new constitution was adopted in 1999 facilitating a peaceful transition to civilian government.16

Although violence and voting irregularities were noted in the elections of 2003 and 2007, Nigeria is currently experiencing its longest period of peace since independence. The 2015 elections marked the first transition of power between political parties. The government still faces daunting challenges to institutionalize democracy, to reform a petroleum-based economy, and to overcome a long history of corruption and mismanagement.17

Nigerian Legal System The sources of law in Nigeria are the Constitution of 1999, national legislation, English Law, Customary Law, Islamic Law, and judicial precedent.18 According to the 1999 Constitution, Nigeria is a federal republic with an executive president elected every four years. The president appoints the cabinet,

14 UNDP Human Development Report 2016, Human Development for Everyone, 2016, http://hdr.undp.org/en/countries/profiles/NGA. 15 Human Rights Watch, World Report 2018, 2017, https://www.hrw.org/sites/default/files/world_report_download/201801world_report_web.pdf. 16 The Commonwealth. Nigeria: History, May 2018, http://thecommonwealth.org/our-member-countries/nigeria/history. 17 CIA, The World Factbook: Nigeria, May 2018, https://www.cia.gov/library/publications/the-world-factbook/geos/ni.html. 18 Akintayo, J., Dina, Y.,Ekundayo, F. New York University Hauser Global Law School Program, Guide to Nigeria Legal Information, February 2005, http://www.nyulawglobal.org/globalex/Nigeria.html#_LEGAL_SYSTEM.


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which must, by law, include representatives from every state. The National Assembly is made up of the House of Representatives (360 seats) and Senate (109 seats - 3 for each state + 1 for Territory of Abuja), who are elected every four years.19 The country is divided into 36 states and 774 local governments.20 Chosen for its central location, as well as its religious and ethnic neutrality, Abuja became the Federal Capital Territory in 1991.21

The Constitution assigns the National Assembly with the power to make laws for the Federation. The current set of laws can be found in the Laws of the Federation of Nigeria 1990 (LFN) at http://www.nigeria-law.org/LFNMainPage.htm. Any laws pre-dating the adoption of the 1999 Constitution were repealed if they were incompatible with the new constitution. In addition, each of the 36 states and the Federal Territory of Abuja have state laws passed by each state’s House of Assembly.22 There are essentially eleven steps that move a bill into law, namely: 1) Origination: In order to create law, a bill can originate from the President or

from members of the legislature. Technically, anyone can originate a bill, but only a Senator or a member of the House of Representatives can introduce it on the floor of the House of Representatives or the Senate. The first step in the process is for the Senate President or the Speaker of the House to review the bill before it is sent to the relevant committee for first review.

2) Initial Committee Review: The Business and Rules Committee of the House or the Committee on the Rules and Procedure in the Senate review the bill to make sure it meets all required standards for presentation in the chamber.

3) Gazette: Once the bill clears the committee and meets all legal requirements, it is gazetted to give the public notice that a new piece of legislation is under consideration. Individuals can give written comments in favor of or against the bill.

4) First Reading: After the period of comment, the bill goes to the floor for the first reading. On the first reading the bill is not discussed. It is presented to the members of the chamber.

5) Second Reading: If a motion is moved and seconded by a member of the other party, the bill goes into the second reading and other members can comment on it. After the bill is debated there is a vote to move it to Committee Stage.

6) Committee Stage: The Committee Stage is where the bill is critically examined. The Committee also organizes public hearings where the public can come in and comment on the bill and listen to the debate. Members of the Committee can propose amendments to the bill.

19 The Commonwealth. Nigeria: Constitution and politics, May 2018, http://thecommonwealth.org/our-member-countries/nigeria/constitution-politics. 20 World Population Review, “Population of Cities in Nigeria” May 2018, http://worldpopulationreview.com/countries/nigeria-population/cities/. 21 Oke, S. “History of Abuja – How it was Created and Chosen as Nigeria’s Capital”, Oasdom, May 2018, https://www.oasdom.com/history-of-abuja-how-it-was-created/. 22 Commonwealth Governance. “Judicial System of Nigeria” May 2018, http://www.commonwealthgovernance.org/countries/africa/nigeria/judicial-system/.


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7) Committee Report: The Committee reports back to the full House or Senate with or without amendments. After discussion by the whole, a motion is proposed to move the bill to third reading.

8) Third Reading: This is the final stage where any amendments can be added. Once amendments are made, there is a vote to pass the bill.

9) Clean Copy of the Bill: Once it passes the third reading, a clean copy of the bill is presented to the Clerk and endorsed by the Speaker of the House or Senate President.

10) Concurrence: The bill is then sent to the other chamber of the National Assembly for concurrence where it can be approved, rejected, or amended. If the originating chamber does not agree with the suggested amendments, then the bill proceeds to a Conference Committee to work out an agreement. If both chambers adopt the report, the bill is sent to the Clerk of the originating chamber and a clean copy of the bill is sent to the Clerk of the National Assembly.

11) President of the Republic: Once there is occurrence on the bill, the Clerk of the National Assembly enrolls the bill for the Present’s signature. The President can assent and sign the bill into law, veto the bill, or suggest amendments. If the President assents and signs the bill, it becomes law. If the President vetoes the bill the National Assembly can recall and re-pass the bill with a two-thirds vote in both chambers. The bill automatically becomes law even without the signature of the President.23

CSOs, DPOs, and the general public can participate in this process by helping to draft laws, by commenting on drafts, and by commenting on the bill during the gazette period. They can also participate in the Committee Stage by making suggestions for amendments to the bill. In addition, the Senate President can invite sessions or meetings with CSOs to discuss specific legislation. CSOs can also lobby legislators to support or vote against or introduce amendments to particular bills.24 The Constitution guarantees the independence of the judiciary and permits Sharia Law for consenting Muslims. The Supreme Court, which is the final court of appeal, is made up of a Chief Justice and up to 15 Justices. It has jurisdiction over disputes between states or between the federal government and states on issues like the allocation of resources or elections. The President appoints Justices on the recommendation of the National Judicial Council and approval of the Senate. The judicial system also includes a Federal High Court and High Court in each of the 36 states.25 23 Lawpadi. “How Laws are Made in Nigeria”, Jan 5, 2018, https://lawpadi.com/11-steps-to-how-a-law-is-made-in-nigeria/. 24 UN Women. “Case Study: Civil Society Legislative Advocacy Center – Nigeria”, Understanding the role of NGOs in the legislative process, 2012, http://www.endvawnow.org/en/articles/113-understanding-the-role-of-ngos-in-the-legislative-process.html. 25 Commonwealth Governance. “Judicial System of Nigeria” May 2018, http://www.commonwealthgovernance.org/countries/africa/nigeria/judicial-system/.


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International human rights law, including the various UN and African Union treaties, fall under Section 12 of the 1999 Constitution of Nigeria, which focuses on treaties and their implementation. The section states that: • No treaty between the Federation and any other country shall have force of

law except to the extent to which any such treaty has been enacted into law by the National Assembly

• The National Assembly may make laws for the Federation or any part thereof with respect to matters not included in the Exclusive Legislative List for the purpose of implementing a treaty.

The provisions state that any human rights treaties that Nigeria ratifies is not binding until the National Assembly creates and passes legislation to domesticate the treaty, which the President must sign into law. This was confirmed by the Supreme Court in the case of General Sani Abacha v. Gain Fawehinmi, stating that “an international treaty does not become ipso facto binding until enacted into law by the National Assembly” and that “unincorporated treaties cannot change any aspect of Nigerian law even though Nigeria is party to those treaties.”26 In other words, international human rights laws are not automatically incorporated into Nigeria law and must be incorporated through legislation. Human Rights and Disability Overview of Human Rights in Nigeria Nigeria’s military rule gave rise to a strong and active human rights community. In spite of widespread human rights abuses, such as detention of activists and journalists, interference with freedom of expression and association, and ethnically based attacks, the human rights community of Nigeria banded together, fighting back under a coalition named the Campaign for Democracy. Since the transition to civilian rule, Nigeria has seen improvements in the state of human rights. However, human rights organizations continue to document a persistence of human rights violations in several areas. Nigeria has ratified all the core UN human rights treaties27, listed below, as well as the African Charter on Human and Peoples’ Rights. Nigeria has a notorious reputation for not submitting reports, with long gaps in reporting. However, Nigeria went before the CEDAW and CMW Committees in 2017,28 so there may be signs of improvement. Nigeria’s State report to the CRPD Committee was due in 2012 but has not been submitted. Nigeria is due to report to the Human Rights Council under the Universal Periodic Review in October/November 2018, and their report is due in July 2018. Nigeria does consistently submit reports under

26 Dada, J. A. “Impediments to Human Rights Protections in Nigeria”, Annual Survey of International & Comparative Law, Vol 18: Iss. 1, Article 6, 2012, http://digitalcommons.law.ggu.edu/annlsurvey/vol18/iss1/6. 27 OHCHR. Treaty Body Index, May 2018, http://tbinternet.ohchr.org/_layouts/TreatyBodyExternal/Treaty.aspx?CountryID=127&Lang=EN. 28 Ibid.


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the UPR, which can be a valuable monitoring mechanism when States fail to submit to treaty bodies.

Treaty Ratification

Date

Convention against Torture and Other Cruel Inhuman or Degrading Treatment or Punishment (CAT)

28 Jun 2001

Optional Protocol of the Convention against Torture (CAT-OP) 27 Jul 2009 International Covenant on Civil and Political Rights (ICCPR) 29 Jul 1993 Second Optional Protocol to the International Covenant on Civil and Political Rights aiming to the abolition of the death penalty (ICCPR-OP-DP)

Convention for the Protection of All Persons from Enforced Disappearance (CED)

27 Jul 2009

Convention on the Elimination of All Forms of Discrimination against Women (CEDAW)

13 Jun 1985

International Convention on the Elimination of All Forms of Racial Discrimination (CERD)

16 Oct 1967

International Covenant on Economic, Social and Cultural Rights (ICESCR)

29 Jul 1993

International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families (CMW)

27 Jul 2009

Convention on the Rights of the Child (CRC) 19 Apr 1991 Optional Protocol to the Convention on the Rights of the Child on the involvement of children in armed conflict (CRC-OP-AC)

25 Sep 2012

Optional Protocol to the Convention on the Rights of the Child on the sale of children child prostitution and child pornography (CRC-OP-SC)

27 Sep 2010

Convention on the Rights of Persons with Disabilities (CRPD) 24 Sep 2010

Nigeria submitted its Universal Periodic Review in July 2013. The specific comments related to persons with disabilities included: • Marist International Solidarity Foundation (FMSI) stated that children with

disabilities were often neglected and discriminated against. They were left to fend for themselves and resorted to begging on the streets.

• FMSI stated that children with disabilities face several challenges when it came to education, which included a lack of funding to ensure the availability of educational materials, facilities and equipment.

• Human Rights Agenda Network (HRAN) stated that there was no improvement in access to services for persons with disabilities. The disability bill was passed


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by the National Assembly but was not signed into law, and the mental health bill remained pending before the National Assembly.29

The relevant recommendations by Human Rights Council members included:

• Ensuring international treaties are incorporated into national law • Strengthen cooperation with UN treaty bodies to submit reports that are

overdue • Strengthen internal human rights mechanisms • Raise awareness on the rights of persons with disabilities • Implement universal basic education with a focus on children with

disabilities and programs for training persons with disabilities • Adopt a national policy on children with disabilities and ensure access to

health and education services • Draft policies that would allow full access to health care services for

persons with disabilities • Consider investing in a foster care system for children without parental

care and for children with disabilities.30 The only human rights recommendations that Nigeria refused to implement were those concerning LGBTI communities.31 The key actors working on issues related to persons with disabilities in Nigeria include: 1. Legislature: The Senate and the House of Representatives have been major

participants in the effort to address issues related to persons with disabilities in Nigeria. So far, both chambers have considered and passed at least three national bills on disability rights. Most recently, the President of Senate invited DPOs to a session to discuss the bill, given that it was not signed into law by the President. In those discussions he promised to follow-up with the Clerk to understand why the bill had not been given assent and signed into law.

2. Government Ministries: The Ministry of Women Affairs and Social Development is responsible for disability affairs, including the submission of Nigeria’s country report. However, the priority given to disability issues within the Ministry is low, reflected in insufficient budgetary resources being allocated. The Ministry is also responsible for the formulation of policies and programs for persons with disabilities. In addition, the Ministry of Education has been engaged in the development on a national policy on inclusive education.

29 Human Rights Council, Working Group on the Universal Periodic Review, Summary prepared by the Office of the High Commissioner for Human Rights: Nigeria, A/HRC/WG.6/17/NGA/3, July 31, 2013, http://www.ohchr.org/EN/HRBodies/UPR/Pages/NGindex.aspx. 30 Human Rights Council, Working Group on the Universal Periodic Review, Report of the Working Group on the Universal Periodic Review: Nigeria, A/HRC/25/6, December 16, 2013, http://www.ohchr.org/EN/HRBodies/UPR/Pages/NGindex.aspx. 31 Ibid.


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3. The Joint National Association of Persons with Disabilities (JONAPWD): This umbrella DPO was established in 1992 at the first conference of persons with disabilities held at the University of Jos in Nigeria. The organization was established to promote the rights and development of persons with disabilities. Today, JONAPWD is composed of six impairment groups, which are blind persons, persons with physical disabilities, deaf persons, persons with intellectual disabilities, persons with spinal cord injuries, and persons affected by leprosy. JONAPWD has grown gradually, later including other impairment groups and strengthening its structures. JONAPWD currently has an 8-appointed member board of trustees, 13 national officers, 6 heads of disability groups, 6 zonal coordinators and advisors, and 36 state chapters. In recent years, the organization has embarked on advocacy for the rights of persons with disabilities with a focus on participation in the election process, as well as on inclusive education. A number of organizations are active members, often referring to their active membership and joint activities with JONAPWD in their profile descriptions.

4. The Association for Comprehensive Empowerment of Nigerians with Disabilities ASCEND: ASCEND is a second umbrella DPO which is much less visible than JONAPWD. When it was first established in 2002, ASCEND was called Movement for the Empowerment of Nigerians with Disabilities (MEND) but changed its name when another organization with the same acronym came into existence. Formally established in 2006, ASCEND was initiated in order to provide a platform for Nigerians with disabilities to join forces and speak with one voice. Generally, there is limited public information about ASCEND, it membership, or its activities.

5. Other DPOs: In addition to the two national umbrella DPOs, there are a number of other DPOs working at the national, state, and local levels. For example, there is the Spinal Cord Injury Association of Nigeria (SCIAN), the Centre for Citizens with Disabilities (CDD), the Accidents Victim Support Association, Deaf Women in Nigeria (DWIN), the Nigerian National Association of the Deaf (NNAD), and the Resource Centre for Advocacy on Disability, Persons with Disabilities Action Network, to name just a few.

6. CBM Nigeria: CBM started supporting projects in Nigeria in 1968. Initially, they funded eye hospitals, special schools, and rehabilitation projects. They have expanded focus to include projects in 22 states across six geopolitical zones; however, most of the projects are in the northern part of Nigeria. These include projects on eye health, CBR, neglected tropical diseases, mental health, physical and hearing impairments, obstetric fistula, disability inclusive development, inclusive disaster risk reduction and empowerment of DPOs.32

7. Ford Foundations West Africa: Ford Foundations has its West African 32 CBM, Nigeria, May 10, 2018, https://www.cbm.org/Nigeria-266847.php.


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headquarters in Nigeria, and this is their main focal country in the region. They focus primarily on political participation, employment and technical education of women and young people, as well as efforts to ensure public revenues benefit all people. There is no particular focus on disability rights.33

8. Open Society Initiative for Western Africa (OSIWA): OSIWA has worked in Nigeria since 2001, and Nigeria is the first country in West Africa where they launched their program. The Nigeria country program supports the strengthening of constitutionalism and rule of law, electoral processes, equitable management of public revenues, and the rights of women and other vulnerable groups.34

9. USAID Nigeria: The USAID Nigerian Country Development Cooperation Strategy 2015-2020 is driven by a goal for reduced extreme poverty in a more stable, democratic Nigeria, pursed through three core objectives 1) broadened and inclusive growth, 2) a healthier and more educated population in target states, and 3) strengthened good governance. For each objective there is a specified focus, for example under good governance USAID is focused on increasing the capacity of civic advocacy, monitoring and engagement, with a focus on marginalized populations, among them persons with disabilities. Similarly, under the objective for access to health and education, USAID is supporting access for persons with disabilities.35

10. DFID Nigeria: DFID-Nigeria has three areas of focus in their strategy 1) humanitarian response and building resilience to crises; 2) economic development and basic services to improve the lives of the most vulnerable through jobs, health and education; and 3) building stability and institutions to be effective, transparent, and accountable to their citizens. There are several projects that seek to address inclusion of persons with disabilities in mainstream society. In each category of funding focus, DFID Nigeria has included a focus on persons with disabilities with recent funding focused on involvement of persons with disabilities in the political process and in access to education.36

Overview on Rights of Persons with Disabilities in Nigeria Many of the causes of disability, such as inadequate nutrition, healthcare, social services; conflict; and natural disasters, are prevalent in Nigeria. The 2006 Nigerian census reported that 3.3 million Nigerians have disabilities, placing the official incidence rate at 2.32% of the population.37 These numbers have been

33 Ford Foundation, West Africa, May 10, 2018, https://www.fordfoundation.org/regions/west-africa/. 34 OSIWA, Nigeria, May 10, 2018, http://www.osiwa.org/countries/nigeria/. 35 USAID, Nigeria Country Development Cooperation Strategy 2015-2020, https://www.usaid.gov/sites/default/files/documents/1860/Nigeria_CDCS_2015-2020.pdf. 36 DFID, Development Tracker, Nigeria, May 2018, https://devtracker.dfid.gov.uk/countries/NG/projects. 37 Etiyebo, E., and Omiegbe, O. “Religion, culture and discrimination against people with disabilities in Nigeria”, African Journal of Disability. Vol:5 (1). 192, 2016.


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questioned, suggesting that they are an underestimation of the actual population of persons with disabilities. While an accurate census of the disability population in Nigeria does not exist, the World Health Organization estimates that there are 25 million persons with disabilities in Nigeria, with 3 million persons with significant barriers to social and physical functioning,38 which is closer to the world estimate of 15%. In spite of their large numbers, persons with disabilities are generally excluded socially, politically, and economically. The stigma and discrimination toward persons with disabilities arises in part from a lack of understanding of the causes of disability, which has perpetuated traditional beliefs and myths about disability.

Currently, Nigeria does not have credible statistics on poverty rates among persons with disabilities.39 However, the World Health Organization reports that “on average, persons with disabilities and households with a disabled member experience higher rates of poverty and deprivation, including food insecurity, poor housing, lack of access to safe water and sanitation, inadequate access to healthcare, fewer assets than persons without a disability.40

A review of various studies and sample surveys suggests that the poverty rate among persons with disabilities in Nigeria is high. This is not surprising given the country’s high extreme poverty rate of 62% of the general population.41 One sample study by the Nigerian Institute of Legal Studies noted that 9 out of 10 persons with disabilities in Nigeria live below the poverty line.42 A recent survey of 1,093 Persons with Disabilities in Nigeria conducted by Leprosy Mission Nigeria found that among the persons with disabilities surveyed, 84% of respondents live on less than $1 per day. 43 The survey highlighted the vulnerability of persons with disabilities, in particular ethnic minorities, the elderly, women, children and the displaced. Most are living hand-to-mouth trying to survive.44

The government faces challenges in meeting its mandate to deliver basic education services to all due to the country’s rate of population growth and very young population. Nearly 45% of the country’s population is below the age of 15. Overall school enrolment rates remain low in comparison to other countries, and the UN estimates that at 8.7 million children are out of school, making Nigeria 38 World Health Organization, World Report on Disability, 2011, http://www.who.int/disabilities/world_report/2011/report.pdf?ua=1. 39 Amusat, N. (2009). “Disability Care in Nigeria: The need for professional advocacy”, AJPARS, Vol.1, No. 1, June 2009, p. 30-36, http://citeseerx.ist.psu.edu/viewdoc/download?doi=10.1.1.1031.9869&rep=rep1&type=pdf. 40 World Health Organization, World Report on Disability, 2011, http://www.who.int/disabilities/world_report/2011/report.pdf?ua=1. 41 CIA, The World Factbook: Nigeria, May 2, 2018, https://www.cia.gov/Library/publications/the-world-factbook/geos/ni.html. 42 Retrieved from http://www.nassnig.org/nass/news.php?id=420). 43 Smith, N. “The Face of Disability in Nigeria: A Disability in Kogi and Niger States”, Disability, CBR and Inclusive Development, Vol 22, No 1, 2011, http://dcidj.org/article/viewFile/11/27. 44 Ibid.


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the country with the world’s largest population of children out of school.45 Within that context, children with disabilities face even greater challenges enrolling in school. According to the World Bank, many children with disabilities are never enrolled in school. For example, among 11-year-olds, children with disabilities were 13 times less likely to be out of school than children without disabilities.46

While Nigeria does not have specific data on the proportion of children with disabilities or figures on their access to education, UNICEF estimates that 90% of children with disabilities in developing countries are out of school.47 In fact, many of the 8.7 million children who are out of school are left out due to poverty, gender, ethnicity, disability or a combination of these factors.48 Some states do have data related to the number of children with disabilities who are out of school. For example, in a policy brief of JONAPWD, Kwara State has a population of 270,000 children with disabilities, and only 10,000 are receiving some level of basic education. That represents only 3.7% of children with disabilities enrolled in education.49 Although there is an increasing focus on promoting employment opportunities for persons with disabilities, in most countries, including Nigeria, there is no data on the employment status of persons with disabilities, and where data does exist, it is rarely available at the at the required level of detail and frequency.50 Despite this lack of data, it has been established that persons with disabilities have lower employment rates than individuals without disabilities, and several conclusions can be drawn from global data to make assumptions about the situation in Nigeria. As a comparison employment rates for persons with disabilities in South Africa is 12.4% as compared to 41.4% for the overall population.51 Based on findings from the World Health Survey, which draws on data from fifty-one countries, average employment rates are 52.8% for men with disabilities (compared to 64.8% for non-disabled men) and 19.6% for women with disabilities (compared to 29.9% for non-disabled women).52

45 “Education in Nigeria”, World Education News + Reviews, March 7, 2017, https://wenr.wes.org/2017/03/education-in-nigeria. 46 Male, C., and Wood, Q. (207). The Price of Exclusion: Disability and Education: Disability Gaps in Educational Attainment and Literacy, December 2017, http://documents.worldbank.org/curated/en/396291511988894028/pdf/121762-replacement-PUBLIC-WorldBank-GapsInEdAttainmentLiteracy-Brief-v6.pdf. 47 UK Parliament Publications and Records, Select Committee on International Development, “DFID’s work on education: Leaving No One Behind” November 17, 2017, https://publications.parliament.uk/pa/cm201719/cmselect/cmintdev/367/36706.htm. 48 UK Aid, Education Sector Support Program in Nigeria, Inclusive Education Policy Developments Federal Level, 2016, http://www.esspin.org/esspin-documentation/briefing-notes. 49 JONAPWD. Inclusive and Accessible Basic Education for Children with Disabilities in Kwara State, 2016. 50 ILO Bureau of Statistics. Statistics on the employment situation of people with disabilities: A compendium of national methodologies, November 2003, http://usicd.org/doc/Statistics%20on%20the%20employment%20situation%20of%20people%20with%20disabilities%20-%20A%20Compendium%20of%20national%20methodologies.pdf. 51 World Health Organization, World Report on Disability, 2011, http://www.who.int/disabilities/world_report/2011/report.pdf?ua=1. 52 Ibid.


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Limited data is available on the employment of persons with disabilities in Nigeria. Research suggests that the country issued a report on employment of persons with disabilities in 2002 based on a household survey (the National Survey on Persons with Disabilities 1996), but this is largely out of date. Smaller sample surveys give an indication of the current status. In one survey of 1,093 persons with disabilities in Nigeria found that almost 50% of those surveyed did not have an education and of those who had schooling, most had a primary education or Islamic education. A majority of the participants (61%) were not employed. The survey, conducted by Leprosy Mission Nigeria, highlighted the vulnerability of persons with disabilities - ethnic minorities, older persons, women, children and the displaced.53 CRPD Status and Relevant Laws related to Persons with Disabilities in Nigeria The government ratified the Convention on the Rights of People with Disabilities and its Optional Protocol on September 24, 2010, with no declarations or reservations54. The Ministry of Women’s Affairs and Social Development is responsible for disability affairs, including formulation of policies and programs for persons with disabilities. However, the priority given to disability issues within the Ministry is low, reflected in insufficient budgetary resources being allocated. In 2016, President Buhari appointed a Senior Special Assistant on Disability Matters, Dr. Samuel Ankeli, a person with disability. His mandate is to assist the President on all issues related to persons with disabilities and to promote disability rights and in governance and society. In addition, he is charged with mobilizing persons with disabilities for the benefit of national development. Nigeria does not have a formal coordination mechanism for CRPD implementation and has not established an independent monitoring mechanism to oversee CRPD implementation. The proposed legislation, the Disability Rights Act, which would incorporate the CRPD into national law, would establish those mechanisms. However, the current form of the bill does not stipulate the formal participation of DPOs. Although Nigeria has ratified the CRPD, Nigeria has not fully enacted a national disability bill into law. The National Assembly passed the first bill to protect the rights of persons with disabilities in 2009. However, President Obasanjo did not sign the bill, and it did not become law. A second bill was introduced in 2015, and again, the bill was passed by both chambers. Even though this was under a new president, President Goodluck Jonathan withheld assent and did not sign the bill, so it did not become law. In a third attempt in 2016, the House of

53 Smith, N. The Face of Disability in Nigeria: A Disability Survey in Kogi and Niger States, Disability, CBR and Inclusive Development, Vol. 22, No. 1,2011, http://dcidj.org/article/viewFile/11/27. 54 United Nations Treaty Collection, Chapter IV, Human Rights, Convention on the Rights of Persons with Disabilities, May 21, 2018, https://treaties.un.org/Pages/ViewDetails.aspx?src=TREATY&mtdsg_no=IV-15&chapter=4&lang=_en&clang=_en.


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Representatives passed the bill to ensure the full inclusion of Nigerians with disabilities into society and to eliminate all forms of discrimination against them. The Senate passed this third version. A joint conference committee for the harmonization integrated the two bills to create one bill, which was passed by both chambers.55 By November 2017, the bill was yet to be transmitted to the president for assent. Throughout the process DPOs have been actively lobbying for the passage of the bill and for its assent and signature into law. After the bill failed to become law for the third time, DPOs approached the Senate President for assistance. The Senate President met with a number of DPOs and promised an inquiry into why the bill had not been assented and promised to work on getting it signed into law by the end of March 2018.56 As of May 2018, the bill still had not been signed into law.

State of the Disability Movement in Nigeria Since the CRPD was ratified in Nigeria, DPO advocacy efforts have been focused on passing national legislation to domesticate the CRPD. Nigeria was due to submit its State report to the CRPD in 2009. Nine years later in 2018, the government has yet to submit a report. This is consistent for Nigeria, which is notorious for being late with reports and has many gaps in its overall human rights reporting. Various organizations, including JONAPWD submitted an update to the CRPD, confirming the lack of legislation to domesticate the CRPD, lack of a consultative body to consult and engage with DPOs, as well as the lack of a monitoring mechanism for the implementation of the CRPD. In June 2017, the Nigerian government submitted a Voluntary National Review on the implementation of SDGs. In the report the government noted areas where it has made good progress on the implementation of SDGs, including national awareness of the SDGs, institutional structures to facilitate the implementation of the SDGs, integrating the SDGs into national policy and planning frameworks, among others. The disability rights movement has been actively participating in the SDG process, including representation on the National Voluntary Review Coordinating Group.57 Nigeria has a growing disability movement comprised of a growing number of robust DPOs, which operate at national, state, and local levels. Complex challenges exist within Nigeria’s disability movement, including a limited understanding of a rights-based agenda, a focus on single impairment groups

55“National Assembly urged to fast track Disability Bill for assent”, PM News, January 2018, https://www.pmnewsnigeria.com/2017/12/12/national-assembly-urged-fast-track-disability-bill-assent/. 56 Uwadima, P. “As NASS Sets to Transmit Disability Bill to PMB for Assent”, Leadership, March 4, 2018, https://leadership.ng/2018/03/04/nass-sets-transmit-disability-bill-pmb-assent/. 57 Federal Republic of Nigeria, Implementation of SDGs: A National Voluntary Review, June 2017, https://sustainabledevelopment.un.org/content/documents/16029Nigeria.pdf.


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with a lack of unity on common issues and most of the leadership of DPOs are middle class and urban based.58 Among marginalized groups, women with disabilities and persons with albinism have strong representation in the DPO movement. Other groups, including children and youth with disabilities, persons with psychosocial disabilities, little people, persons with deafblindness, Indigenous persons with disabilities, refugees/persons living in post-conflict areas don’t appear to have strong representation within the disability movement. JONAPWD, the main umbrella organization of DPOs, includes six impairment groups, which are blind persons, persons with physical disabilities, deaf persons, persons with intellectual disabilities, persons with spinal cord injuries, and persons affected by leprosy. Grassroots DPOs are not highly visible, although it is possible that they are included in the local chapters of their national representative DPOs. A number of the main DPOs are actively involved in advocacy efforts, including advocacy for the disability rights bill, as well as on issues, such as health, education, gender-based violence, access to justice, and others. While the advocacy campaigns will benefit marginalized groups, they do not often amplify the voices of marginalized groups or their specific needs. A key barrier to the participation, visibility, and voice of marginalized groups is a lack of education and high incidence of poverty among these groups. It is very clear that most of the DPOs are led by well-educated and middle-class DPOs. DFID funded a scoping study of the disability rights movement in 2008 and identified environmental, institutional, and social of challenges that served as barriers to advancing the rights of persons with disabilities in Nigeria.59 The report detailed environmental barriers, such as inaccessible public buildings, transport, information, and communications technology (e.g., computers, internet access). A number of institutional barriers were also highlighted, including lack of disability legislation at the national level, lack of robust and reliable data on persons with disabilities, lack of access to social protection, inadequate provision of health and rehabilitation services, lack of access to micro-finance and banking services, and the general inaccessibility of mainstream public services (especially education). The report also outlined social barriers, including negative social attitudes, belief that impairments are caused by a curse, adherence to the charity and medical model of disability rather than the social / human rights model, and a lack of understanding of disability issues by the general public. In addition to the barriers listed above, the report noted specific challenges regarding the functioning of the disability rights movement, including a lack of a

58 Lang, R., Upah, L. Scoping Study: Disability Issues in Nigeria, 2008, http://www.iss.co.za/Af/profiles/Nigeria/Politics.html. 59 Ibid.


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unified voice among DPOs (evidenced by the presence of two disability rights umbrella organizations that do not work together); lack of advocacy and policy analysis skills in the movement; and capacity of JONAPWD to fully assume its role to unify, build the capacity of, and coordinate action of the disability rights movement. This assessment by DFID was conducted 10 years ago. While many of these factors remain true, the biggest change has been that DPOs have increasingly focused on using the CRPD to advocate for policy change at national and state levels. This represents a significant shift away from the charity/ medical model or service model. While there is still room to develop stronger capacity, there is indication that DPOs have made gains in their advocacy skills. In addition, JONAPWD has shown increased capacity with recent successes in advocacy for inclusive education in three states. However, there is a lot of room for improvement, including building trust among DPOs so they can more effectively speak in a unified voice and act in more coordinated fashion. Support for JONAPWD to develop a clearer mandate in coordinating advocacy and in building capacity of DPOs would go a long way towards this goal. Although the passage of a national disability rights bill has proven elusive for the movement, there has been on-going advocacy to create policies that respond to specific rights of persons with disabilities. Some of the national level policies aligned to the CRPD that have passed, though most have not been implemented, include:

1) National Policy on Inclusive Education: In 2016, the Federal Ministry of

Education finalized the policy, which was developed in close cooperation with the Universal Basic Education Commission, National Education Research and Development Council, National Commission for Colleges of Education, National Commission for Mass Literacy, CSOs, and DPOs after consultations at state and national levels.

2) The National Health Act of 2014 and the National Health Policy of 2016: These established a framework for the regulation, development and management of a national health systems and set standards for delivery of services. This framework mandated the revamping and construction of primary health centers in each of 10,000 wards to provide 100 million Nigerians with access to basic and affordable health care services. The Act made provisions for persons with disabilities to access free healthcare services.60

3) Policy on Albinism: This policy intends to improve the status of persons with albinism by guaranteeing their equal access to education, health, social,

60 The Law Library of Congress. Global Legal Monitor, “Nigeria National Health Bill Enacted”, December 16, 2014, http://www.loc.gov/law/foreign-news/article/nigeria-national-health-bill-enacted/.


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political, and economic opportunities. 61 4) Framework on Access and Participation: This policy framework focuses on

facilitating the right to vote for persons with disabilities, by identifying and addressing the core barriers that prevent voting.62

A key factor often related to the success of influencing national policy is the presence of a multi-lateral or bi-lateral funder to support advocacy efforts or fund efforts that bring together government, CSOs, and DPOs to create and advance the particular policy.

There have also been successes of incorporating the CRPD into state and local laws and policies. Some examples include: 1) disability legislation at the state level and 2) inclusive education policies at the state level. At least four states have enacted laws to protect the rights of disabilities (Ekiti, Plateau, Lagos, and Bauchi), and At least six states have adopted inclusive education policies (Enugu, Jigawa, Kaduna, Kano, Kwara and Lagos).

Brief Assessment of CRPD Advancement in Nigeria Data collection including persons with disabilities: No realization Research on the status of persons with disabilities overall and across sectors such as education, health, poverty, access to justice, and other areas comes up against the same challenge - lack of credible data. Most available statistics are outdated or based on estimates informed by population studies in other countries. There is a dire need for data on persons with disabilities in Nigeria. Application of the Washington Group questions would help to make sure that the data is credible and consistent, providing useful information across segments of the population of persons with disabilities and sectors. CRPD and Optional Protocol ratified: full realization The government ratified the CRPD and Optional Protocol. Participation of DPOs in government CRPD implementation and monitoring mechanisms: no realization Although Nigeria has ratified the CRPD, the government has failed to domesticate it through a national law. As a result, the CRPD is not being implemented in Nigeria, and there is no mechanism to facilitate implementation or monitoring.

61 Federal Ministry of Education. National Policy on Albinism, 2012, http://albinofoundation.org/wp-content/uploads/2017/04/National-Policy-on-Albinism.pdf. 62 Independent National Electoral Commission, INEC: Mainstreams Persons Living with Disabilities into the Electoral Process, May 2018, http://www.inecnigeria.org/?inecnews=inec-mainstreaming-persons-living-with-disabilities-into-the-electoral-process.


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The Ministry of Women Affairs and Social Development, responsible for matters related to persons with disabilities, has limited engagement with DPOs. Harmonization of legislation, policy, and government programs in accordance with CRPD: limited realization The CRPD has not been domesticated, which means the country does not have a policy framework to protect and uphold the rights of persons with disabilities, except in a limited capacity at the state level. While efforts are underway to advocate for the adoption of policies at both national and state levels, the impact of a national level policy would greatly facilitate and accelerate those state level efforts. A more coordinated effort to get the national disability rights bill signed into law would hugely advance harmonization efforts. Participation of DPOs in progressing national and local legislation, policies, and/or government programs in accordance with the CRPD, including those addressing the SDGs: limited realization DPOs are very actively engaged in advocating for progressing national and local legislation, policies, and programs in accordance with CRPD. However, the number of DPOs that are visible remains limited. In addition, the movement seems to lack coordinated action, which would increase their political capital to successfully advocate for change. Participation and inclusion of persons with disabilities in SDG processes, strategies, plans, programs, and monitoring: limited realization There are several DPOs that not only participated in the SDG process but advocated for the inclusion of persons with disabilities in the process. The umbrella organization for DPOs, JONAPWD, represented DPOs in the National Voluntary Review Process. It is not clear, however, that persons with disabilities or DPOs are actively engaged in the on-going process of informing the implementation of SDGs through the local mechanisms that have been established at state levels. Participation of DPOs in international and national SDGs monitoring and reporting processes: limited realization A very limited number of DPOs participated in the monitoring and reporting process. It may be due to a lack of awareness about how to participate and the potential to impact government through the monitoring process. Participation of DPOs in international and national human rights monitoring and reporting processes: limited realization


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A very limited number of DPOs participated in the monitoring and reporting process of human rights mechanisms. There was very limited participation in the UPR, but since Nigeria does not report often to UN treaty bodies, there are fewer occasions to engage, and it is likely that the movement knows very little about these processes as a result. Inclusiveness and diversity of the disability movement: partial realization The movement is made up of representatives of diverse disability groups and includes a limited representation of the groups identified as marginalized under DRF’s definition. Persons with albinism and women are prominent in the movement. However, groups such as youth, children, as well as rural groups are not represented. In addition, certain impairment groups, such as persons with deafblindness, persons with psychosocial disabilities, and little people are not well represented. While advocacy efforts may push for policies and programs to benefit them, their voices are not included in those efforts. Capacity of DPOs to advocate on the rights of persons with disabilities: partial realization DPOs in Nigeria are increasingly focusing their efforts on advocacy for the rights of persons with disabilities. There is in increasing capacity in conducting research to understand the situation of DPOs, developing advocacy strategies, and successfully working to achieve the adoption of policies, at both national and state levels. There is room for building capacity for policy analysis, mounting coordinated advocacy strategies, diversifying the voices of the movement, and strategies for advocating for the implementation of adopted policies, including monitoring the required budget allocation. DRF/DRAF Analysis and Recommendations The movement is a robust and very active in advocating for the rights of persons with disabilities. In addition to advocacy, a number of the DPOs have developed strong research skills, which contribute to the evidence and knowledge base for advocacy work. The recent appointment of a person with a disability as a Special Advisor to the President presents an opportunity for the movement to work with an ally to advance the rights of persons with disabilities. Despite the challenges in advancing the national legislation to protect or promote the rights of persons with disabilities, the movement has gained some recent policy wins, especially in education policy at the state level. Bilateral funders have played an important role in funding advocacy of DPOs to develop policies in key areas of education, health, and justice.


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While the movement is robust, it remains disjointed. This is evident on statements issued in support of specific legislation. Often one organization speaks on its own behalf, rather than taking a collective approach to call for the protection and promotion of the rights of persons with disabilities. JONAPWD, the most prominent umbrella organization, can take a stronger role in bringing the movement together but also in building the capacities of DPOs. The government has not submitted their report to the CRPD Committee, and it will take considerable pressure to change this pattern. Therefore, the DPO community could work together to pressure the government to report to the CRPD Committee and subsequently develop and submit an alternate report. The movement could also take a more active role in compiling and submitting comments on the Voluntary National Reviews of the SDG process and the UPR process of the UN Human Rights Council. Failure to engage persons with disabilities from rural and high poverty areas, results in a lack of diversity. The movement is still not marshalling the collective voice of persons with disabilities as well as it could. This creates another divide - rural based persons with disabilities may be more likely to maintain the medical model mindset, while the rights-based approach is gaining in prominence among DPOs based in the city. Nigeria has a long-established human rights community. However, there seems to be limited collaboration and engagement between the human rights movement and the disability rights movement, which is a missed opportunity for amplifying the call for the protection of disability rights. While the disability rights movement has gained some wins at the state level, currently there are no mechanisms for monitoring implementation, and without Nigeria’s participation at international levels, creative methods for human rights monitoring in lieu of a government or international system may need to be explored. There is an opportunity to work with human rights organizations and actors in Nigeria to create synergies to address this. Strengthening the capacity and role of JONAPWD in unifying and strengthening the movement to achieve coordinated action could greatly benefit the movement. This could be driven by common interests, such as pushing for the national disability rights bill or pressuring Nigeria to submit a report to the CRPD Committee. This assumes that JONAPWD and the wider movement would welcome and benefit from JONAPWD playing that role. Given the diversity in religion, ethnicity, and socio-economic status in Nigeria, the process of unifying the movement may be challenging and be long-term. Increasing the voice and visibility of marginalized groups will be key to ensuring that advocacy efforts do not leave anyone behind. While this will ensure the representation of their perspective on advocacy issues, it may make current DPOs feel threatened, thus deepening divides. Likely challenges for these groups include education levels and access to information. They are likely to need heavy investment in capacity building if they are going to be supported, perhaps


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through Technical Assistance. A major challenge is identifying and reaching these groups. An understanding of the North-South divide will be important in any effort to successfully navigate this process. Building the technical capacity of persons with disabilities in Nigeria will improve their overall impact. It is clear that the national policy environment in Nigeria is complex. This requires a highly sophisticated level of analysis, not just of policy, but of the politics at play at national levels. Increasing the capacity of DPOs to navigate those politics in their advocacy and better understand how they can leverage the collective voice of persons with disabilities in Nigeria will be a critical aspect to the success at the national level. In addition, Technical Assistance may play a key role in helping DPOs to develop the right skills to achieve their objectives. Supporting efforts to lobby for passage of the National Disability Rights Act, and its subsequent implementation, should be a key priority. The proposed bill has been passed by the National Assembly three times, but on each occasion has not been signed by the President. The advocacy efforts need to direct pressure at the process of moving the bill to assent and then signature. This may be more complicated than advocacy to the legislature and requires inside knowledge to understand the politics of why the three successive Presidents have failed to sign the bill into law.

Country Report Nigeria Final June 2018 · DRF / DRAF Grantmaking Committee Meeting 1 Nigeria...

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Transcript of Country Report Nigeria Final June 2018 · DRF / DRAF Grantmaking Committee Meeting 1 Nigeria...