See below, everything you need to know about Nigeria's Gender and Equal Opportunities Bill:
Gender and Equal Opportunities Bill, 2016 (GEO Bill) can be analysed as follows:
The Gender and Equal Opportunities Bill's objective is to give effect to the second and fourth of the Nigerian Constitution; the international Covenant on Human Rights; the Convention on the Elimination of all Forms of Discrimination against Women and the protocol to the African Charter on the Rights of Women in Africa.
Content of the 25 Clauses bill, including citation, interpretation and miscellaneous includes:
- Reaffirms the prohibition of discrimination in all forms such as words actions, inactions, laws, regulations, guidelines, customs or practice against any person on grounds of gender, race, or disability.
- Seeks to promote equality, full development and advancement of all persons which include taking all measures to ensure full development, advancement, human rights and fundamental freedoms of all persons, especially women and children
- The affirmative action requiring reserving at least 35% of positions for women in both public and private sectors
- Modification of socio-cultural practices that bar widows from re-marrying anyone of their choice
- Free health care for pregnant women, new mothers up to 2 years after delivery and children under the age of 12.
- Empowering the National Human Rights Commission to enforce and implement the provisions of the Bill
- Failure to appear willfully on the invitation of the Commission to provide evidence or mislead the Commission is considered an offence. The offence is punishable by a sentence of not more than one month or N50,000 or both
- The High Court of the FCT shall have original jurisdiction to look into applications arising from any breach of the provisions of the Bill
- The procedure shall be in accordance to the Fundamental Rights Rules 2009.
GOE Bill's deduction:
- Domestication of the CEDAW: - The passage of the GEO Bill will be a concrete step towards making the international Convention part of the Law in Nigeria. This implies that relevant provisions of the CEDAW can be cited in Nigerian Courts and as Nigerian Law.
- Giving effect to the 1999 Constitution: - Given that the Constitution has already provided for these rights, a repetition in the Bill is not required. However, an additional clause may provide that in a situation of conflict, the provision of the Constitution will override that of the Bill.
- Restricted Practices: - Clause 3(b)(iv) of the GEO Bill prohibits practices that limit or restrict the legal capacity of women to undertake surety or recognizance on behalf of any person. This is a blanket provision that could have been broken into specific tasks like posting bail, providing a guarantee/referee, signatory, etc. This Bill seeks to make it an offence for the prohibition of a woman to carry out any of these functions. Clause 11(b) provides for the equal access to loans, credit and capital for both men and women. Securing loans or credit for micro, small and medium business owners may not be any less difficult under the Bill; however, it might imply that where all the loan terms are met, a woman can access a credit facility just as easily as a man without additional conditions.
- Free Health Care under the Law: - The GEO Bill requires that new mothers and pregnant women, as well as children below the age of 12 get free medical care. Access to free healthcare by these vulnerable groups would help in the reduction of infant/maternal mortality in Nigeria; however, in the light of the current economic downturn, funding would be a challenge. The Bill is silent on how funds can be sourced for this venture. Clause 10 also requires private enterprises to provide free healthcare for new mothers, pregnant women who are employees as well as their children below the age of 12; how can this be achieved in small businesses that cannot afford health insurance for employees?
- Widows’ Right to a “Fair share”: - Clause 5(iv) of the GEO Bill provides that a widow shall have the right to a ‘fair share’ of the husband’s property. The interpretation of the term ‘fair share’ is relative depending on the ethnic (or religious) setting. The Bill is silent on how this practice can be enforced in certain parts of the country where different cultural practices prevail. Nevertheless, where a man dies testate, is his will going to be voided by this Bill, if he completely disinherits his wife?
- Affirmative Action: - Clause 4(b)(i) provides for a minimum of 35% of all offices or positions to be reserved for women both in the public and political sphere. This Clause seeks to encourage more women in positions and decision-making circles in the public sector, which will aide growth and development in Nigeria. Clause 4(b)(ii) also provides for a minimum of 35% of employment to go to women even in private establishments. The Bill is silent on how this provision can be enforced in the private sector. Will there be penalties for firms that do not comply? Would this not constitute government interference in private businesses? If the nature of the business involves heavy lifting or operating heavy machineries, would the 35% rule be feasible?
- Expanding the Powers of the National Human Rights Commission (NHRC): - The Bill under Clause 15 empowers the NHRC to enforce and implement the provisions of the Bill. As the NHRC was established under the National Human Rights Commission Act, an amendment would be required to increase the powers of the NHRC.
Human Rights Implication of GEO Bill:
Eliminating all forms of discrimination against persons, especially women, is a step to curbing human rights abuses in Nigeria. Reserving up to 35% of public and political offices for women is a near equitable gender inclusion mechanism in Nigeria. It can also lead to the economic empowerment of more women, and in turn reduce poverty. ANY SIMILAR EXISTING LAW The Bill shares similarities with certain parts of the 1999 Constitution (as amended), especially chapters II and IV.
Concluding Issues:
It is pertinent that Nigeria advances in its pursuit to uphold human rights at all standards and improve the country’s image globally. Domesticating international covenants that have already been ratified is one way of achieving this. The Gender and Equal Opportunities Bill, 2016 seeks to domesticate relevant parts of the Convention on the Elimination of all forms of Discrimination Against Women (CEDAW) and also prohibit certain practices on women that may be interpreted as unfair. Finally, though the Bill seeks to achieve the right to equal opportunities for both genders, it also raises the need for Constitutional amendment to give force to some of the issues raised by the GEO Bill, for instance, the right to free health care for new mothers and children; and reserving up to 35% of positions in the public sector for women.
Information on GEO Bill obtained from: PLAC BILL TRACKING.
