Gender Discrimination: Exposing some selected violations of human rights in Igboland (II)
By MUhammad Bello, LL. B. (Hons), BL.
Widowhood rites and honor killing
Although these practices are largely observed among the Igbos they are prevalent practices in nearly all the ethnic groups in the country and are therefore not exclusive to the Igbos. The form and purpose of the practices vary but the resulting effects on womanhood are the same. In some areas, a woman who lost her husband must outwardly express her grief and sorrow for a number of days or months by total seclusion and remaining in utter squalor. In some cases she would be compelled to invoke some traditional practices like drinking some water full of dirt or sleeping with her dead husband’s body. This is necessary in order to escape or absolve herself from any suspicion and complicity in the death of her husband. Also apart from expressing her grief and sorrow or exculpating herself from guilt and suspicion, the practices will, allegedly, purge the woman of her ill-luck. In some areas, a widow shall remain unmarried for the rest of her life, while in other areas she is required to shave her hair and mourn by wearing black clothes for a customarily prescribed period.
The effects of the law
Undoubtedly, the current civilization cannot accommodate these preposterously uncouth customary practices that compromise the basic dignity inherent in all human beings. They are pervasive practices that inflict immeasurable physical and psychological pains on women. They constitute denial of the widow’s freedom of choice and association, constitute violations of her bodily integrity, human dignity and consequently reduce her quality of life and self esteem. They cause immense degradation and dehumanization of the widow; amount to grave exploitation and impoverishment of the widows as well as expose her to serious health hazards. The Imo state legislature boldly outlawed these practices under Section 3 of the Imo State Widows (protection) Law No. 12 of 2003 (See laws of Imo State of Nigeria, 1999 – 2002 p.359. 360). The latter provides that ‘Notwithstanding any customary law and practice prevalent in any communing, a widow is entitled to respect for dignity of her person, and accordingly, no widows shall be compelled to; (a) shave the hairs on her head or any other part of her body in a dehumanizing or unsafe manner; (b) sleep either alone or sit on the floor or be locked in a room where the corps of her husband is kept (c0 refrain from receiving condolence visits from sympathizers during the period of mourning; (d) be remarried to any person against her will; (e) drink the water used in washing the corps of her husband; (f) cry or weep against her will at any time before, during or after, the funeral of the late husband, (g) remain in seclusion after the death of her husband’.
Moreover, since a widower is not subject to similar dehumanizing practices nor is he suspected of killing his wife, the discriminatory side of these practices can now be appreciated. These discriminatory practices are unconstitutional in the light of section 42 of the CFRN. Article 5 of the African Charter provides that every individual shall have the right to the respect of the dignity inherent in a human being and to the recognition of his legal status. All forms of exploitation and degradation particularly slavery, slave trade, torture, cruel, inhuman or degrading punishments or treatments shall be prohibited. Under Article 19 all people regardless of their sex, shall be equal, and shall have the same rights and respects. CEDAW is more emphatic in that it enjoins all state parties to modify the social and cultural patterns of conduct of men and women, with a view to achieving the elimination of prejudices and customary and all other practices which are based on the idea of the inferiority or the superiority of either of the sexes or on stereotyped roles for men and women.
Suffice to say that the above practices, obviously fall within these prohibitive customary practices. They undermine and degrade the status of women to the level of semi-human beings.
3.Female circumcision:
This according to the World Health Organisation, “consists of all procedures which have partial or total removal of external female genitalia and /or injury to the female genital organs, whether for cultural or any other non-therapeutic reasons”. Female Genital Mutilation (FGM), as it is now called after the Programme of Action adopted by the International Conference on Population and Development in Cairo in 1994, can come in various forms. The first type is the clitoredoctomy or the removal of the prepuce, or the hood of the clitoris, or the part of clitoris or the entire clitoris. The second is the removal of the clitoris along with partial or total excision of the labia minora. The third, which is the most dangerous and severe, involves the removal of the clitoris, the labia minora, the adjacent part of the labia majora and the stitching of the vagina bearing an opening to allow the flow of urine and menstrual blood. The other forms are introcision, pricking, piercing or incision of the clitoris and cutting the vaginal stitching the clitoris and labia; cauterization and the introduction of corrosive substances and herbs into the vagina.
Although a common practice in many cultures, Nigeria accounts for 25% of this inglorious practice globally, and 68% of women in the South East undergo this proceedure . In Igboland, there exist different forms of FGM as there are variations in subcultures, meaning that nearly all the WHO classifications of FGM are observed in varying degrees across this tribe. The practice has continued unabated because of some reasons advanced by its proponents – preservation of virginity before marriage, fidelity after marriage, enhancement of the husband’s sexual pleasure, enhancement of fertility, prevention of infant and child mortality, cleanliness and religious requirements. It is seen traditionally as one element of rite of passage preparing young girls for womanhood and marriage. But the common, though the most unreasonable, reason is to curb the girls’ excessive urge for sex thereby preventing sexual immorality and promiscuity. Arteologically, it was linked to a king who had a promiscuous daughter. She was always jumping from one man to another. So in order to curb her excesses, the king consulted a priest who told him that to stop her, a part of her private area must be cut off. That area was the clitoris. That ended her promiscuity.
Its effects and the law:
Although the above story may not be authoritatively confirmed, it is a clear picture of sexism, sexual abuse, exploitation and subjugation of women as well as the total control of their sexuality. It has incalculable physical and psychological effects. It is often performed without anesthesia under septic conditions by lay practitioners with little or no knowledge of human anatomy or medicine. Therefore, it is likely to cause death or permanent health problems as well as severe pain. Under these conditions, even the less extensive types of genital cutting can lead to potentially fatal complications such as hemorrhage, infection and shock. The inability to pass urine because of pain, swelling and inflammation following the operation may lead to urinary tract infection. A woman may suffer from abscesses and pain from damaged nerve endings long after the initial wound healed. Infibulations is particularly likely to cause long-term health problems. Because the urethral opening is covered, repeated urinary tract infections are common; and stones may form in the urethra and bladder because of obstruction and infection. If the opening is very small, menstrual flow may be blocked, leading to reproductive tract infections and lowered fertility or sterility. Without de-infibulation before childbirth, obstructed labour may occur, causing life threatening complications for both mother and infant. Also for infibulated women, the consummation of marriage is likely to be painful because of the small vaginal opening and the lack of elasticity in the scar tissue that forms it. Tearing and bleeding may occur or the infibulation’s scar may have to be cut open to allow penetration.
Therefore, from the above health implications one could rightly maintain that the agony, physical torture, psychological trauma and complications arising from circumcision, are immeasurable.
Under the law, FGM amounts to an unreasonable intrusion that compromises women’s right to bodily integrity. It is clearly unconstitutional, violating human rights guarantees against torture, inhuman and other degrading treatments under section 34(1) of CFRN. The Convention on the Rights of the Child enjoins state parties to take effective and appropriate measures with a view to abolishing traditional practices prejudicial to the health of the child and by section 25 of the Nigerian Child Rights Act 2004, this harmful practice has been expressly prohibited.All authorities shall ensure the elimination of every discrimination against women and ensure the protection of the rights of women and children as stipulated in international declarations and conventions.
4.Maternal mortality, sexual and domestic violence.
Maternal mortality is equally a disturbing phenomenon. It is not rooted out of customary practice but to some extent it conveniently fits into the custom. It is the death of a woman while pregnant or within 42 days of termination of pregnancy irrespective of the duration and site of pregnancy or its management but not for accidental or incidental causes. It is largely a result of wretchedness, poverty and illiteracy. The principal indicator of mortality is the Maternal Mortality Ratio (MMR) which is the number of maternal deaths per 100,000 live births. The MMR in this part of the country, compared to other regions, is relatively low. It is more prevalent in the rural areas where maternal health services – primary healthcare based on informed choice, education on safe motherhood, pre-natal and post-natal care, maternal nutrition programmes, adequate delivery assistance to avoid recourse to caesarean section, childbirth and abortion complications, and providing obstetric emergencies-are not easily accessible.
Domestic violence is a common incident that occurs daily although not peculiar to any culture or tradition. While it may be reinforced by custom, it is not rooted exclusively out of custom. It is largely a manifestation of sexual domination and control supported by deeply entrenched male-chauvinistic ethos which compromise the strength, and expose the vulnerability of the women folk. The consequential dangers of this ‘marital battery’ ranges from physical assault to death, emotional and mental distress, psychological imbalance, etc. In Cop V. Aneyo Nwachukwu, a little misunderstanding made a man to inflict several kicks on his wife’s stomach which led to her death.
On the other hand, sexual violence consists of forced sexual intercourse, forced prostitution and trafficking, systematic rape, forced sterilization and forced abortion. With the ‘marital rape exemption rule’ in the criminal statutes, this outrageous phenomenon impinges on the capacity of the woman to decide on the number and spacing of her children.
These forms of gender-based violence constitute the major abuse against women. However they are not strictly culture-based but the patrilinial system certainly reinforces them.
The law:For our purpose here, violence should be seen broadly as’ a major, perhaps even the prime form of power’. The Beijing Platform for Action considered it as any act of gender-based violence that results in, or is likely to result in, physical, sexual or psychological harm or suffering to women, including threats of such acts, coercion or arbitrary deprivation of liberty, whether occurring in public or private life. It is, therefore, considered unfair, inappropriate, wrong-headed as well as painful, damaging and sometimes illegal. In practical terms, it may be ignored, accepted, condoned while at the same time it may be seen as unfair, inappropriate, wrong-headed as well as painful, damaging and sometimes illegal. It is simply a ‘legitimated taboo. Therefore, these practices apart from being criminal illegalities under the law, they are unconstitutional and violate a menu of women rights ranging from the right to life, right to human dignity, freedom from discrimination; reproductive health rights and sexual rights. These are survival rights which go to the root of human existence. Violating these rights is not only discriminatory but is as good as denying human life.
In respect of maternal mortality, Art 16 of the African Charter provides that every individual shall have the right to enjoy the best attainable state of physical and mental health. Under CEDAW, measures shall be taken to eliminate discrimination against women in the field of healthcare, and state parties shall ensure equal access (with men) to healthcare services and provide women with appropriate services with respect to pregnancy, confinement, and the post-natal period, granting free services where necessary, as well as adequate nutrition during pregnancy and lactation. However, it must be observed that the health right buttressed above is a development right that is to be achieved progressively, hence is non-justiciable under Nigerian Constitution.
The UN Declaration on the Elimination of Violence Against Women, 1993 enjoins states to condemn violence against women and must not invoke any custom or tradition to avoid this obligation. It has been observed that women with a history of physical or sexual abuse face great risk of gynecological disorders, unintended pregnancies, unsafe abortions, sexually transmitted infections and adverse pregnancy outcomes, including pregnancy complications, miscarriage, low-birth weight deliveries and pelvic inflammatory disease.
5.Other practices:
There are a number of other inglorious gender-based abuses like trafficking, traditional tattoos and skin marks. The latter practice, usually performed on children incapable of giving legal consent, is an unreasonable intrusion and a violation of their bodily integrity.
Conclusion:
Evidently, gender-based violence arises largely from society’s cultural practices. The patriarchal and andocentric character of the Igbo societies almost metamorphosed these practices into accepted usages, norms and values. However, it is important to note that the greater interests of society require the recognition of the inherent dignity of every human being, and the elimination of all forms of discrimination. The constitution, national and international human rights instruments, protect the weak, the vulnerable, the marginalized, the socially outcast and the victims of prejudice and stereotyping. It is only when these groups are protected that we can be secure that our own rights are protected.
Our laws must not be mere ‘paper-tigers’. Even where women have socio-economic, political and legal equality under the constitution or statutory codes they do not fully enjoy them in practice. That is why awareness is important. Undoubtedly, discrimination is utterly wrong. It is incompatible with human dignity, the welfare of the family and the society; it is an obstacle to the participation of women in the political, social, economic and cultural life of their communities and hampers or prevents them from actualizing and developing their full potentials. Under CEDAW, discrimination against women, denying or limiting as it does their equality of rights with men, is fundamentally unjust and constitutes an offence against human dignity. We must recognize that ‘the contribution of the womenfolk as a procreative medium in the annals of human race imposes a duty on mankind to accord to that special breed of homosapiens a dignity and respect for which advanced culture provides a model worth emulating.
Admittedly, it is not easy to eliminate deep seated cultural practices, however outrageous, or to alter traditions that perpetuate same. Inculcating in the society, the ideals of equality, freedom, justice and human dignity is one way to uproot these practices. After all the practices were-evolved by men and can be changed by men.
It is important to conclude with the widely quoted words of Eleanor Roosevelt.
“Universal rights begin in small places close to home. They are the world of the individual person; the neighbourhood he lives in, the school or college he attends; the factory, farm or office where he works. Such are the places where every man, woman and child seek equal justice, equal opportunity, equal dignity without discrimination – unless these rights have meaning there, they have little meaning – everywhere”.