The Universal Periodic Review (UPR) is a human rights mechanism created by the General Assembly in 2006 and implemented in 2008. It is universal because all UN Member States, without exception, are reviewed in an equal (the same time is allocated for the review of all States), and transparent manner and through a collaborative dialogue. The UPR process is a periodic process that is reviewed every four and a half years. 

The ultimate goal of UPR is the improvement of the human rights situation in every country with significant consequences for people around the globe. The UPR is designed to prompt, support, and expand the promotion and protection of human rights on the ground. To achieve this, the UPR involves assessing States’ human rights records and addressing human rights violations wherever they occur. 

IYAFP partnered with her member organization, Stand With A Girl (SWAG Initiative), Nigeria to develop a shadow report that was submitted to the UN Office of the High Commissioner for Human Rights (OHCHR) for review.  

The Shadow Report was titled “Access to Sexual And Reproductive Health And Rights For Women In Humanitarian Settings in Nigeria” and focused on individuals currently displayed as a result of the Boko Haram insurgency in Nigeria. 

BRIEF SUMMARY OF THE SHADOW REPORT

In Nigeria, over the past two decades, there has been a significant increase in both natural and man-made disasters. The Boko Haram insurgency has led to the displacement of thousands, particularly women, who have experienced severe human rights violations, including death, torture, and sexual and gender-based violence (SGBV). This violence extends to the kidnapping of women and girls, often disguised as community raids by cattle herders. In recent years, the rise of armed bandits in North-West Nigeria has further exacerbated the situation, leading to increased kidnappings, murders, and internal displacements. Many women and girls are abducted during these attacks, forced into marriage or sexual slavery, and often left traumatized and isolated due to community ostracism.

As a result of these conflicts, 2.2 million people have been displaced, with half of them being women and girls, primarily due to the Boko Haram insurgency. Many internally displaced persons (IDPs) have settled in camps in the northeast, particularly in Borno state, where 1.5 million IDPs are hosted. Women make up 54% of the displaced population and face a higher risk of SGBV, including rape, early/forced marriages, and transactional sex. The conditions in IDP camps also expose women to sexual exploitation and violence, leading to increased vulnerability to sexually transmitted infections like HIV and unintended pregnancies. Moreover, there are significant disparities in healthcare and medication availability for women in these camps throughout northern Nigeria, and many give birth without proper medical assistance, which raises the risk of maternal injuries and mortality.

Nigeria has previously committed to defending women against sexual and gender-based violence (SGBV) and ensuring their access to justice, especially for survivors of sexual assault and those residing in IDP camps. However, the reality is quite different, as SGBV, sexual exploitation, and violence against women are common in IDP camps, even involving camp staff members who should protect them (Human Rights Watch, 2018).

Domestic violence is also prevalent in IDP camps, but it remains widely underreported (UNHCR, 2018). This is due to various factors, including the culture of silence surrounding domestic abuse and the belief that it should be resolved within the family without government involvement (IOM, 2019). As a result, survivors of domestic violence are often prevented from exercising their rights to an investigation and legal protection.

Law enforcement is aware of its duty to report, assist, and protect SGBV survivors among the internally displaced, but numerous institutional and attitude-related obstacles hinder their effectiveness. These obstacles include understaffed law enforcement divisions, particularly in terms of female officers, financial challenges that impede prompt action on SGBV cases, and a law enforcement culture dominated by masculinity (IOM, 2019).

Nigeria is urged to take several key actions to address sexual and gender-based violence and improve access to justice. Firstly, the country should strengthen national coordination structures and enact the provisions of the Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW) convention into national law to ensure uniform implementation across all states. Additionally, Nigeria should accelerate the ratification of all international agreements and pending legislation, such as the gender and equal opportunity bill. Furthermore, there’s a need to expedite the approval of the revised national policy on internally displaced people, ensuring it includes a gender perspective.

RECOMMENDATION

The shadow report was included in the report of the Office of the United Nations High Commissioner for Human Rights (UNHCR) of the humanitarian situation in Nigeria with 5 mentions with the number of JS17.

Nigeria can significantly improve access to sexual and reproductive health and rights (SRHR) by addressing several key areas. First, it is crucial to domesticate international legal instruments such as the CEDAW convention into national law for uniform implementation and accelerate the ratification of pending gender-related legislation. Ensuring the revised national policy on internally displaced people includes a gender perspective is also essential. Addressing sexual and gender-based violence requires enforcing the Violence Against Persons Prohibition Act across all states, supporting NGO-run shelters, increasing legal aid funding to combat judicial corruption, and promoting gender awareness among legal professionals. Moreover, the government should prosecute sexual exploitation in IDP camps and fund health sector strategies to care for victims. Legislative measures should criminalize all forms of domestic sexual abuse and provide comprehensive support for survivors, including legal, medical, and psychological assistance.

In terms of bodily autonomy, Nigeria should legalize abortion in cases of rape, incest, health risks, and severe fetal abnormalities. Access to health care can be improved by reducing maternal mortality through better midwife education and ensuring affordable contraception is widely available, along with comprehensive sexual health education. Education access must be bolstered by rebuilding schools affected by insurgency, supporting female education continuation, and increasing the education budget to meet UNESCO’s recommendations. Comprehensive sexuality education should be promoted to prevent teen pregnancies and STIs, and school feeding programs maintained. Additionally, enforcing the Child Rights Act nationwide, eliminating gender stereotypes through media campaigns, and addressing stigmatization against SGBV survivors are critical steps. Together, these measures will create a more supportive environment for SRHR in Nigeria.

Read the full shadow report

Read the report of the Office of the United Nations High Commissioner for Human Rights

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