Speeches

Evolving A Strategic Plan Of Action Towards Gender Equality In Politics And Governance In Nigeria - Matters Arising

Apr 29, 2009 - Introduction
Ladies and gentlemen, we are all gathered here to celebrate the life of a woman who became the first female professor of law in Nigeria.

Born into the revered family of Chief and Chief Mrs. V. E Esan, Late Professor Jadesola Akande obtained a law degree from the University College London in 1963 and was subsequently called to the English Bar. She was called to the Nigerian Bar in 1967 and four (4) years later, she obtained her Ph. D from the prestigious University College London.

The daughter of the first female Senator in Nigeria and the Iyalode of Ibadan who came from a family of many first and in her time recorded many firsts, Professor Jadesola Akande was happily married to late Chief Debo Akande (SAN) the union that produced the Honourable Justice Adenike Coker of the High Court of Lagos State.

Professor Akande spent fourteen years teaching law at the University of Lagos where she was at various times member of the University Senate, member of the Academic Planning Committee and also a member of the Students' Welfare Board of the University.

She worked at the Nigerian Institute of Advanced Legal Studies between 1984-1986 where she was a Research Professor and later a Fellow of the Institute. She was the Dean of the Faculty of Law, Lagos State University between 1986 and 1988 and in 1989, she was appointed the Vice Chancellor of the University, a position she held till 1993.

She is the author of the Introduction to the Constitution of the Federal Republic of Nigeria 1979 and later Introduction to the Constitution of the Federal Republic of Nigeria 1999, a text that has become compulsory reading for all students and practitioners of Constitutional Law in Nigeria.

Her passion for academic pursuit and intellectual enterprise resulted in a significant contribution to knowledge in the area of Constitutional Law and Development in Nigeria. This work demonstrates the depth of her analysis of constitutional provisions and principles drawing comparative insights from other jurisdictions and retaining the domestic flavour of the provisions. This book will surely continue to be relevant in the teaching and practice of constitutional law in Nigeria.

Outside of the classroom, she was a role model to younger women who looked up to her as mentor and guardian. But apart from legal scholarship, her impact was most felt in the area of advocacy for gender and human rights.

Shortly after her retirement from teaching in 1993, she set up a Family Law Centre in Lagos, which focused on issues relating to women empowerment. In 1994, the Centre became Women, Law and Development Centre, Nigeria (WLDCN), "a non-governmental and non-profit making organization for the total empowerment of women and girls". She was equally active in pro-democracy causes, and was a member of PRONACO, a pro-democracy group which comprised nationalists and human rights activists seeking constitutional reform in Nigeria.

Professor Akande is known internationally for her intellectual achievements, her administrative skills and her contributions to a gender sensitive society. In 1998, she was conferred with the National Honour - the Order of the Federal Republic (OFR). She was also the Yeye mofin of Itire and the Yeyee bobaseye of Lagos. She later served as Pro-Chancellor and Chairman of the Governing Council, Federal University of Technology, Akure, 2000-2004.

Professor Akande is regarded as one of the leading lights in the area of constitutional law and gender issues in Africa, as consultant to international development agencies and the African Union on gender issues.

Despite of all these genteel vocations, she was a social critic and a human rights activist to the core. In 2005, she led a group of women to publicly protest the seeming official ineptitude that led to a plane crash, which resulted in the death of many Nigerians, including more than 50 school children.

During the protest march the Police alleged that no procession permit had been granted to the organisers. Tear gas and force was used to attempt to stop the procession. Professor Akande and her colleagues remained stoically undaunted in demonstrating a mother's anguish and a nation's loss.

Her life and time were dedicated to ensuring the protection of human rights and ensuring that the law is employed as an instrument for improving the social and economic conditions of the citizenry. In honour of our dearly beloved Professor, I believe that a topic which was dear to her heart was the well-being of the people of this nation particularly the women folk. I have therefore chosen to speak on "Evolving a Strategic Plan of Action Towards Gender Equality in Politics and Governance - Matters Arising".

Gender Equality
Gender equality is term that has been subjected to variety of meanings and interpretations.

Gender equality (also known as gender equity, gender egalitarianism, or sexual equality) is the goal of the equality of the genders or the sexes stemming from a• belief in the injustice of myriad forms of gender inequality.

Issues of gender equality have been brought to the front burner of discourse on human rights, women's rights and economic development. The concept of bringing gender issues into the mainstream of society was clearly established as a global strategy for promoting gender equality in the Platform for Action adopted at the United Nations Fourth World Conference on Women, held in Beijing, China in 1995.

It highlighted the necessity to ensure that gender equality is a primary goal in all areas of social and economic development. This led to the evolution of the concept of gender mainstreaming. This was defined in July 1997, by the United Nations Economic and Social Council as follows:

"Mainstreaming a gender perspective ...is strategy for making the concerns and experiences of women as well as of men an integral part of the design, implementation, monitoring and evaluation of policies ... so that women and men benefit equally, and inequality is not perpetuated. The ultimate goal of mainstreaming is to achieve gender equality".

The concept of mainstreaming includes gender specific activities and Affirmative Action.

One of the issues which featured prominently in the life and writings of Professor Akande was the need to promote gender equality and accord women equal opportunity to participate in the democratic process. It is not surprising therefore that apart from comments in various articles and publications on gender equality and at public speeches, one of her books "Miscellany at Law and Gender Relations" was dedicated to the theme of gender relations.

Professor Akande envisioned State Policy in the Constitution as a tool for engendering equality of sexes in public life, particularly Sections 15(2), 16(1 )(b) and 17(2)( a). Her vision was for a society founded on the ideals of equality of sexes, equality of status and opportunity and equal rights and obligations before the law without discrimination based on sex particularly sections 42 which prohibit discrimination based on sex.

While she was impressed by this constitutional provisions, she was however quick to note that "facts do not justify any optimism about the existence of these provisions because they are more honoured in their breach".

She noted frankly that "there has always been a preponderance of a section of Nigerians in Government. The MEN". It is an indisputable fact that we are still far from attaining thirty percent quota for women in all elective offices recommended at the Beijing Women Conference of 1995 (Beijing Platform of Action) as an examination of the state of women's participation in• politics and governance in Nigeria will reveal.

State of Women's Participation in Politics and Governance
The myth of the numerical strength of women appears to have been broken by the census figures recently released by the National Population Commission. Nigeria is said to have a total population of 140 million made up of 71.7 million men and 68.3 million women. The figures on their face value show that there are more men than women although the difference is not that significant.

Available statistics show that Nigeria is still far behind on the journey to achieve gender equality in the sphere of politics. In 1999, there were only 12 women elected into the State Assemblies as against 978 men. Also out of 109 senators elected in the year under review, only 3 of them were women. In the same year 13 women were elected into the House of Representatives as against 347 men. In 2003, the number of women elected into the House of Assembly of various States increased by 39 as against 951 men while only 21 women (6.1%) were elected into the House of Representatives as against 339 men. Similarly 4 women (3.7%) emerged as Senators as against 105 male Senators.

Available records concerning appointment into elective offices from 1999 revealed that 833 persons were appointed with 86 of them women, representing only 11.9 %. As for the 2007 elections, the figures as collated from the database of the Independent National Electoral Commission (I N EC) is still based on the number of candidates that participated in the elections. It is therefore difficult to give a clear detail at the moment because some election results are still being contested before election tribunals .

The records showed that a total 7,160 candidates (both men and women) contested in the April 2007 elections. Of the 25 candidates that contested for the office of the President, only 1 is a woman while 5 women contested for the office of the Vice President. 474 candidates contested for gubernatorial elections in the thirty-six states of the federation. Of this, only 14 women contested for the office of Governor while 21 women contested for the office of Deputy Governor. 799 candidates contested for the Senate, with only 59 women. 150 of the 2,342 candidates that contested for seats in the House of Representatives' were women while only 358 women contested for seats in States' House of Assembly out of 5,647 candidates.

From available records there are 9 female senators out of 109 senators and 27 women in the House of Representatives of 360 members. There are 5 female Deputy Governors in Imo, Lagos, Ogun, Osun and Plateau States and the House of Representatives once had a woman as the Speaker of the House. The Speaker of Ogun State House of Assembly was once a woman and the Deputy Speaker of Lagos State is a woman and in all, there are 34 women members of the State Assemblies.This is a mere 2% improvement of the gains of the 2003 general elections.

Strategic Plan of Action Towards Gender Equality in Politics and Governance
The above statistics show that there has been marginal progress over the years in achieving gender equality in politics and governance.

The attainment of gender equality in politics and governance requires a strategic plan of action that must recognise and provide response to certain variables. I shall now examine critical issues that should be addressed in charting a course towards gender equality in politics and governance.

Establishing a National Gender Index Database
The statistics discussed above about the state of women's participation in politics and governance is readily available perhaps because these are important public offices. There are other spheres of life, such as the rate of female enrolment at all levels of our educational system, the number of females employed in the public and private sectors of the economy etc. where the statistics may not be readily available.

Without comprehensive data detailing the state of gender inequality in all spheres of life, the task of evolving appropriate response strategy to redress gender inequality may be difficult and perhaps impossible to achieve. Consequently, I am therefore using this opportunity to advocate for the establishment of National Gender Index Database ("Gender Database").

A Gender Database will provide accurate information about the scale and size of existing gender inequality in all spheres of life. The information generated from the Gender'" Database will be useful in understanding existing gender inequalities and to device appropriate response strategies.

The Gender Database will also assist in monitoring programs, and policies designed to attain gender equilibrium. It is however important to state that gender equality in politics and governance cannot be achieved without achieving gender equality in educational opportunities.

Having regard to the statistics which revealed 11 % of women political office holders as against 89% men in Nigeria, it is not surprising that Nigeria is ranked 102 in an international Gender Equality .Index of countries where greater gender equality has been attained.

It is also interesting to note that Norway ranked 1st while Sweden Denmark, Netherlands, Germany, United Kingdom are all well placed on the Gender Equality Index. It is most intriguing to also note that countries such as Nigeria, Cameroon and indeed most African Countries, where poverty and development continues to be a big challenge, performed poorly on the Gender Index rankings.

This is perhaps a pointer to the fact that countries where greater opportunities have been given to women to participate in politics, economy, business and governance have witnessed more successes in social and economic development because of the invaluable contributions of women. This indeed should be a food for thought for all.

Is there a Need for Affirmative Action?
Affirmative Action refers to a body of policies and procedures designed to eliminate discrimination against marginalized groups including ethnic minorities, women and other disadvantaged groups. Its main objective is to redress the effects of past discrimination.

Affirmative Action is effected when a deliberate action is taken that gives such groups priority in appointment and or nominations to positions of responsibility. However this priority to the disadvantaged does hot mean that the minimum qualifications are ignored. What it means is that if there are two or more qualified people and one of them is a member of the disadvantaged group, then priority is given to that disadvantaged person.

Although Affirmative Action is an attractive means of equalising gender opportunities, it has its opponents. Some opponents contend that affirmative action devalues the accomplishment of people chosen because of the gender to which they belong rather than their competence and qualification. Opponents of this concept also contend that affirmative action devalues the accomplishment of members of the gender it is intended to favour.

Advocating for Affirmative Action for women's access to politics and governance can be hinged on a number of reasons.

It is seen as a way of redressing previous acts of gender inequalities on the women folk in the area of politics and governance. It will also ensure that a significant segment of the society is not excluded from participating in governance.

Second, Affirmative Action also has the added advantage of maximising the benefits of diversity at the decision making levels. Women who constitute a significant segment of the society it is argued should be part of the process of making important decisions that would affect their lives.

Affirmative Action is a veritable device to correct current inequalities by increasing the proportional representation of women in governance. Available statistics of the state of women's participation in politics, business and governance in Nigeria clearly reveal the existing inequities.

11 % of women political office holders as against 89% for men do underscore a need for some concerted action. Although it is correct that there has been an "improvement" in the number of women who participate in government and business when compared with previous generations, it is however sad to note that women are still in the majority of the world's poorest and uneducated.

I am hesitant to suggest providing for specific percentage for women participation in governance by making direct provisions in the Constitution. This is because a Constitution as an organic instrument should provide a framework upon which Affirmative Action legislation can be based. The advantage of this approach is that legislation implementing Affirmative Action programs can easily be amended and adjusted to meet changing social realities unlike a Constitution which has complex procedure for amendments.

Section 42 of our Constitution already prohibits discrimination based on sex and other grounds. Apart from the provision of section 42(3) which provides that section 42 shall not invalidate any law by reason only that the law imposed restrictions with respect to the appointment of any person to certain offices, the scope of permissible Affirmative Actions appears to be in doubt. The Constitution does not explicitly permit Affirmative Actions in other spheres apart from appointment.

I therefore recommend the Canadian approach which explicitly and clearly guarantees the legal status of Affirmative Actions.' Section 15 (1) and (2) of the Canadian Charter of Rights and Freedoms states that:

15 (1) Every individual is equal before and under the law and has the right to the equal protection and equal benefit of the law without discrimination and, in particular, without discrimination based on race, national or ethnic origin, colour, religion, sex, age or mental or physical disability.

(2) Subsection (1) does not preclude any law, program or activity that has as its object the amelioration of conditions of disadvantaged individuals or groups including those that are disadvantaged because of race, national or ethnic origin, colour, religion, sex, age or mental or physical disability.

The provision of Section 15 is similar to Section 42 of our Constitution although the Canadian version is clearer and more specific in its permission of Affirmative Action.

It is suggested that in this season of Constitutional amendments, the provision of Section 42 should be amended and simplified borrowing from the Canadian provisions. Within a constitutional framework that recognises Affirmative Action, legislation, programs and policies of Government can progressively address gender inequality. Political associations and social associations should also be encouraged to progressively achieve gender equality and equal opportunity in elective offices and appointments.

Need for More Women to Participate in Politics
A body of research has revealed that an increase in the participation of women in politics and economy will lead to stronger economies, more responsive civil society, healthier communities and greater world peace and stability.

Although there is no law barring women from contesting for political positions and from being appointed into political offices; socio-cultural, religious and traditional beliefs and practices have assigned to women a "second class" status

A girl child grows up to belief that there are certain roles in the society that are reserved for women and some for men. This perception of roles has greatly affected the desire of women to aspire to certain offices or to desire a particular status in life.

The pace of the development of international human rights law confirms the degree of success attained with respect to specific rights of women. From the Convention on Political Rights of Women which came into force in 1954 to the Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW) both of which is binding on Nigeria, it is clear that the reason for the unequal treatment suffered by women is not due to paucity of legislation. It is simply borne out of a mentality of a complete disregard of the women folk.

It is however important to add that the history of human rights all over the world is that of right owners rising up to claim constitutionally guaranteed rights. Political power and political offices are not served 'a la carte'. It is attained by participation and contest between interested office and power seekers.

The women folk through direct participation must gradually begin to claim their lawful rights as stakeholders in the political process. It is also important to note that achieving gender balance is not a one hundred meters dash. It surely will take some time before beliefs and practices

Which have promoted gender inequality come to terms with the need to• accord women equal opportunity to participate in the political and developmental process.

The women folk should not be discouraged by any initial set backs, but through participation and perseverance the goal of achieving gender balance in the political process will gradually be attained. Although Affirmative Actions have a role to play in bridging the gender equality gap, it is imperative for women to get more involved in politics and contest for elective offices notwithstanding the negative societal attitude towards women participation in public life.

Role of Advocacy and Education
Another crucial issue in the quest for gender equality is advocacy and education.

The social order of our Federation is by self declaration in Section 17 of the Constitution based on freedom, equality and justice. There are however, long standing and deeply rooted practices and beliefs which have subjugated women and consigned them to play "secondary" roles.

Men are supposed to play leading and key roles in the society and at the home front. These beliefs and practices can only be changed through a process of advocacy, education and the application or repeal of law where appropriate.

This is by no means an easy task, it is one that must be undertaken if the goal of gender equality is to be attained. This can be done by introducing genders related issues into the educational curriculum at an early stage. Gender issues can be incorporated as part of social studies or civic education in the intermediate classes at the primary school level of our education.

The seed of equality of sexes, equality of endowment of sexes from practical experiences and with support from scientific evidence must be sown into the psyche of our children very early in life.

The home as a vehicle of social change is also important in the advocacy and education crusade to promote gender equality. Children spend a greater part of the formative years at home where they are influenced by the cultural and traditional beliefs of the parents.

The advocacy and education campaign must also target parents and potential parents. This would ensure that at the home front, the right messages about gender equality are passed to our children. Division of house chores along gender lines is one of the practical means of perpetuating gender inequality by indirectly conveying a message that certain chores are meant for male and some for female children.

Unfortunately and ironically too, the Constitution seems to be "aiding and abetting" discrimination. For example, Section 26 of the Constitution which relates to citizenship.

Section 26 (1) provides that any person to whom the provisions of this section apply may be registered as a citizen of Nigeria if the president is satisfied that he has fulfilled the required conditions. Section 26 (2) (a) however specifically provides that the provisions of the Section shall apply to "any woman who is or has been married to a citizen of Nigeria".

The implication of this provision is that a man who is not a Nigerian but married to a Nigerian woman cannot be conferred with Nigerian citizenship by Registration.

Also Section 124 of the Nigerian Police Regulations made pursuant to the Nigerian Police Cap. P19, Laws of the Federation of Nigeria 2004 which mandates a woman in the Police Force to obtain the permission of the Commissioner of Police for the State Police Command in which she is serving before getting married.

This provision in my view is clearly discriminatory and intolerable as there is no corresponding obligation on male Police Officers.

May I therefore use this medium to call on the Constitution Review Committee and members of the National Assembly to utilize the rare, opportunity afforded it to remedy this inequality. The same appeal is extended to other law making bodies to review existing laws with a view to removing other similar surreptitiously discriminatory provisions from our laws.

Abundant historical evidence exists to attest to the quality, competence and courage of our women who have held important positions of authority.

From the legendary Queen Amina, Olufunmilayo Ransome Kuti, Alhaja Abibatu Mogaji and Professor Grace Alele Williams, women have played and hopefully will continue to play leading roles in the socio- economic and political development of our country.

We have had female Deputy Governors, and Speaker of the House of Representatives. A woman has recently been appointed a Justice of the Supreme Court putting the number of female Supreme Court Justices to 2. Lagos State, to my knowledge had 2 Chief Judges who were female; Honourable Justices Roseline Omotosho of blessed memory and Honourable Justice Ibitola Sotuminu, OON.

The first Waste Transfer Loading Station ever built in West Africa to my knowledge, commissioned in Lagos in March 2009, was done under the project management leadership of a woman, Engr. Mrs. Kosegbe.

On the 1st April, 2009, a Dash 8-300 Aircraft with Registration Number 5N DAP with 50 passengers on board touched down on runway L 18 of the Murtala Mohammed Airport in Lagos at about 2.27pm. It was the historic first ever all female crew flight in Nigeria and only the third in Africa.

The Amazing Amazons were Captain Bolaji Agbelusi, Yop Wash, Jennifer Uloma Shodeinde and Catherine Ekanem as crew members. All these strengthen my conviction that one day we will have a female Chief Justice of Nigeria, female Governors, female Vice President and ultimately a woman President.

Just some few weeks ago, precisely on the 8th of March 2009, the whole world celebrated the International Women's Day. This is the day set aside by the United Nations to commemorate the efforts and contributions of the women folk to global development.

It is a day where the women folk the world over present their score card to the world. It also affords the whole world the opportunity to assess the challenges ahead of a world of gender equality. The celebration this year as in previous years was certainly with mixed feelings with women trafficking, honour killings and other violent and degrading practices targeted at the women folk top on the agenda.

This year, a vexed subject of violence against women reared its head in far away America, when diva and celebrity, Rihana was assaulted by her partner, Chris Brown.

Not only do I think that violence against women is abominable and low, I am very proud to say that all my life, whether as a child or adult, I have never struck a woman and do not intend to learn how to do it. I urge all men to desist from it and I venture to argue that those who do so, require psychiatric evaluation.

But this issue provokes a new angle of debate for me about the gender issue. It opens a huge debate which sadly I cannot hear Aunty Jade's views about, but which I hope a new torch bearer will take on from where she stopped.

It is the debate about whether we truly need gender equality or gender equity. What use is it if we give women all the political and governance opportunities only to beat them up at home? Because without a doubt, there is a physiological difference and advantage here in favour of the men.

Can people who are physically different with diverse strengths and weaknesses be treated the same way? Will women lose their right to protection from men in times of danger if they get equal• treatment? Will existing protocols that protect women and children from attack in times of war not need to be modified? Can there be equality in our physiological differences, such as positions for procreation between the male and female? Are we trying to alter nature? What does the future offer now that a glass cultural ceiling has been shattered with the Saudi Authority appointing Nora bint Abdullah al-Fayez as the first female minister of the country?

It would be inappropriate to conclude this address without dealing with another societal ill that, currently afflicts our women in the Corporate and business environment; Corporate Prostitution.

In 20th April 2009 Edition of "the News" magazine at page 4, Akunna Ejim puts the matter in very bold perspective and I can do no better than to adopt her words as mine and to repeat them verbatim:

"Most companies have adopted this method of hiring women, especially, young, attractive women, irrespective of their qualifications, solely on the basis of their looks. These women are then shunted to the marketing department, from where they are unleashed on the populace, especially the men"

"Not only do they send these women out into the cold and murky world of business with questionable mandate, they also give them ridiculous targets on which their very jobs depend thus, making them vulnerable to the opportunities out there waiting to abuse them. In fact, trust Nigerians, they have already come up with a term for these women – “Deposit Mobilization Officer”

“This is really corporate Prostitution…”

I think we can contribute to stopping the abuse of women by resolving to fight to put an end to Corporate Prostitution.

I do not think it requires any new law that does not exist already. Rather, I think we must view it as part of the Corporate Social Responsibility and Corporate Governance of every organization, which requires men and women in leadership to evolve policies and programmes, and take stern decisions as a matter of corporate ethics and governance to ensure that women, the vessel of life are not used as vessels of trade.

Ladies and gentlemen, Professor Jadesola Akande dedicated her life to the improvement of the social and economic conditions of our people. Her mission and indeed vision was that of a country where citizens will be treated equally without regards to sex. A place where a man will not earn more than a woman for doing the same job. A country where a woman will in the real sense be able to do what a man can do while she remains at one the multi-talented gift of God to man; a professional, mother, dutiful wife and teacher who built an army of leaders through the law.

As we celebrate her legacy, commitment to the cause of human rights, and contributions to national development and gender equality, we should continually remind ourselves that great nations are built by contributions of her citizens. We should invest our efforts and resources like the late legal icon to make this nation a better place for all.

Thank you for your attention.

Mr. Babatunde Raji Fashola, SAN
Governor of Lagos State