WRITTEN QUESTION E-0517/03

by Miet Smet (PPE-DE) to the Commission

(24 February 2003)

Subject: Women's rights in Nigeria

Cooperation between the EU and Nigeria takes place on the basis of ACP-EU partnership. In the Cotonou Agreement, which outlines the general framework for ACP-EU relations for the next 20 years, respect for human rights and the equality of women and men is stressed repeatedly by both parties.

In spite of the fact that Nigeria subscribes to these principles, the rights of women in Nigeria are not always respected. According to AFP, there are instances of women being stoned to death in some provinces of Nigeria. These stonings are decreed by Islamic courts which apply the Sharia. Reuters also mentions the fact that Nigeria is one of the countries where female circumcision still frequently occurs, particularly among the Muslim population in the North.

Has the EU yet reacted to these grave infringements of women's rights? If not, does it intend to do so?

Is there any provision for a mechanism to systematically monitor and enforce respect for women's rights in Nigeria? Is there provision for the possibility of suspending cooperation between Nigeria and the EU if women's rights, and human rights in general, are continually violated in Nigeria? If not, will the EU make provision in future for such possibilities?

If there is provision for the monitoring and enforcement of respect for human rights and for the possible suspension of cooperation between Nigeria and the EU, does this apply to all the countries which have signed the Cotonou Agreement?

Answer given by Mr Nielson on behalf of the Commission

(25 March 2003)

The Commission is following closely the question of human rights in Nigeria and the application of Sharia law in 12 northern Nigerian States in particular. The Commission has made appeals through diplomatic channels and directly to President Obasanjo concerning the cases of women who have been sentenced to flogging or death by stoning for adultery. There are currently seven cases known that are pending appeal (women and men). The Commission is not aware that any death sentences in this respect have actually been carried out.

The Commission encourages Governments to comply with international standards on human rights and to respect civil liberties without discrimination. The Union, at the 57th Session of the United Nations Commission on Human Rights, expressed concern over the sentences of severe corporal punishment passed down under the Sharia penal code introduced by States in northern Nigeria. The Commission has, for many years, unreservedly opposed the use of the death sentence, and made a démarche to the Nigerian Government on 12 February 2002. A Common Position, adopted by the Council on 27 May 2002(1), specifically states in Article 1 that the Union will encourage Nigeria's own processes of consolidating democracy and respect of human rights

The African, Caribbean and Pacific States and the Union Partnership Agreement signed in Cotonou on 23 June 2000(2) sets out in Article 9 three essential elements of the agreement, notably the respect for human rights, which includes equality of men and women, democratic principles and the rule of law. The Country Strategy paper signed with Nigeria on 16 July 2002 will support measures aimed at improving respect for human rights and the status of women in Nigeria. Working with Nigerian civil society, interventions may include judicial reform and campaigns to change harmful traditional practices such as female circumcision. In addition, Nigeria as a focal country for the European Initiative for Democracy and Human Rights (EIDHR), is eligible for support to improve governance and for judicial reform (including the question of Sharia penal law).

Through these instruments the Commission hopes to influence the Federal and State Government's understanding and application of these principles. Working through its Delegation, the Commission is able to monitor, with Member States, the situation of human rights. If the Federal Government is in breach of its commitments or its international obligations in respect of human rights, there exists within the Cotonou Agreement, a procedure for dialogue and appropriate measures which is applicable to all signatories of the agreement.

(1) OJ L 139, 29.5.2002.

(2) OJ L 317, 15.12.2000.