implication of female agenda

Abstract The paper identifies and examines the legion of institutionalized discriminatory cultural practices that are often meted out on Igbo female genders in Nigeria. It further reviews the existing legal framework on women’s rights at the national, regional and international levels. The paper further highlights and discusses factors that have impeded the elimination of these obnoxious cultural practices amongst the Igbos of South East Nigeria It inter-alia calls for an urgent legislative intervention; more involvement of traditional rulers, lawyers and Judges to combat these practices; more intensified re-orientation of the Nigerian police; overhauling of the social institution, and more educational opportunities and political appointments for women. Recommendations are proffered on the best way forward in order to eliminate these harmful cultural practices or at least minimize their occurrences. Keywords: Cultural practices, Female gender, Discrimination, Women’s rights, Igbos, Nigeria INTRODUCTION Discrimination is the denial of a person of some rights or benefits based on certain factors such as sex and education (as in the case in this context), religion and race among others. The UN convention on the Elimination of All Forms of Discrimination Against Women, adopted in 1979, (CEDAW) defined discrimination against women as “any distinction, exclusion or restriction made on the basis of sex which has the effect or purpose of impairing or nullifying the recognition, enjoyment or exercise of women, irrespective of their marital status on a basis of equality of men and women of human rights and fundamental freedoms in the political, economic, socio- cultural, civil or any other field” Nigeria, a country in West Africa, is made up of about 250 ethnic groups with various cultures and traditional practices which are inimical to the women folk. Women are discriminated in both private and public spheres in relation to political, education and social-economic issues. This work focuses on the three ethnic groups in Nigeria, namely, the Ibo, Hausa, and Yoruba ethnic groups. Among the Ibos of the Eastern part of Nigeria, women are highly discriminated against whether as children, wives or widows. Women are generally regarded to play a second fiddle in the society. As children, female are considered less important with no rights to anything inclusive of insights to education and inheritance to real property (except right to their mother’s personal possessions such as cooking utensils, jewelries, clothing’s, and the like). As wives, women are considered as being inferior to their husbands. In effect, they have no right to own or acquire property, and also have no right over their children. However, they have right to be provided with shelter and to be maintained by their husbands. As a widow, all Ibo women do not have right to inherit her husband’s estate or even where she had contributed money to the purchase of such property. She can only be permitted to live in her husband’s house subject to the discretion of her in-laws. This is based on the fact that widows are considered as part of the property to be inherited by their husband’s families (i.e. their husbands’ eldest brother or any eldest male in their husband’s family). Among the Hausa, the plight of women is not better whether as children, wives or widows. The female children do not have right of inheritance over their father’s estate, but are only entitled to maintenance while their fathers are alive. As a wife, Hausa women have no right to acquire or own a property. She also does not have right over her husband’s property. However, as a divorcee, a magnanimous husband can make a gift to his divorced wife. But whether such gift include realty is questionable. In addition, as a widow, Hausa woman do not have right to inherit her husband’s property. However, under the Maliki School of the Islamic religion, a husband can bequeath one-ninth of his estate to his wife. Among the Yoruba tribe, the plight of women is slightly better. This is because, as children, the women have equal rights with their male counterparts over their father’s property. In essence, female children have equal rights with their brothers to inherit their father’s property either under the “Idi igi” (per wives) or the “Ori Ojori” (per children) modes of distribution. Women also have rights to become heads of families in deserving circumstances. However, as wives or widows, women have no rights of inheritance over their husband’s property but can be accommodated in their husband’s house. All these forms of discrimination against women exist despite the statutory provisions against discrimination. More importantly, the constitutional provisions against discrimination of any citizen of Nigeria are being fronted on daily basis. This is because, section 42 of the 1999 constitution of the federal republic of Nigeria (the 1999 constitution) provides to the effect that no person shall be discriminated or subjected to any disability or deprivation merely by reason of sex, education, religion, etc. The NGOs’, who are responsible for fighting against Nigerian women discrimination, are barely recognized and this is because they have not been carrying out their responsibilities. Unlike POWA in South Africa, Nigeria has no policies in place to protect Women against discrimination and violence. Furthermore, CEDAW prohibits all forms of discrimination against women. However, it is agreeable that despite the fact that Nigeria and other African countries are a signatory to CEDAW and its protocol(s), the convention’s protocol is yet to be domesticated by most Governments in Africa, especially Nigeria. THE PLIGHT OF THE GIRL-CHILD IN IBO LAND. Among the Ibos, education plays a very minor role in a girl’s life and mindset. In fact, the easterner’s behaviour to a greater extent is determined by upbringing and not education. Having looked into the other Nigerian tribes, it appears that the Ibos, have the worst tradition when it comes to the issue of the girl-child. From the moment a woman gets married. The bride’s father’s prayers during traditional marriages include: “you shall have Okereke and Okarafor…” These are names given to male children only and the female names are never mentioned. This is a proof that the girl-child is seen as nothing in the Ibo culture. The woman gets into her husband’s house only to start praying for a male child due to the pressure she gets, even from her own mother. The in-laws agree that a woman is well settled in her husband’s house only when she has a male-child. As the children are growing up, the girl-child is taught that her place in life is in a man’s kitchen and so she must put the kitchen before the school. Agreed, every woman needs some good housekeeping and cooking skills. But where we have the girl-child drop out of school because she must get married and help train her siblings in school should not be encouraged anymore. Many Igbo men today misbehave because they believe they are childless as the woman keeps giving birth to female children. Many marriages packed up simply because the woman was unable to have a male-child. In those days, our fathers freely took second wives, but the case is different for some men who are now religious leaders and as such cannot take second wives. For instance, a very rich Ibo man who lives in Lagos, Nigeria but does not travel to his hometown because he is made to feel he is not a full-fledged man without a son. This is one of the numerous miserable conditions our tradition has kept people in because of a female child. A good number of Ibo men still believe life is not complete without a male-child. This has led them to torture their wives as if they are the ones responsible for their so-called ordeal of having a female child. Some men see their female daughters as another good in the warehouse. In fact, some Ibo men call their daughters by that name; it is a shameful thing. The Ibo culture believes a woman is just an extra to humanity. They believe she has no portion in her father’s house and the same thing happens when she gets to her husband’s house. A girl-child is made to believe she lives just to get married and raise children. EDUCATIONAL DISCRIMINATION AGAINST WOMEN Education is not widely extended to women; this is reflected in the lower percentage of women in all professions in Nigeria, and Africa in general. Educational empowerment of the girl-child is the surest way to make her independent and protect her from sexual exploitation and prostitution. The United Nations Chronicles acknowledges that there is gross inequality between men and women in the area of education. The girl child may not be sent to school because she will grow up and get married afterwards, education is regarded as a waste of resources on a female child. It has been forgotten that education helps in the fulfillment of women’s obligation. A married woman is expected to take care of her home, husband and children. She is expected to use whatever knowledge and skills she has to cook, clean and rear her children. There is no doubt that a woman who is able to read about health care, nutrition, body changes, modern household equipment, etc, will perform creditably well on her natural responsibility to the home and society at large. A woman who is not educated will not be able to help her children with their school assignments. She would not be able to enlighten them in their schoolwork, attend Parents teacher Association (PTA) meetings and inquire about the academic performance of her children. Educated woman would ensure blissful homes, well-educated and well-behaved children and contented husbands and an endow female genital mutilation Female Genital Mutilation,(FGM) according to Garner, is “a violent damage caused to the outer sex organ of the female gender by excising parts of the organ’s or causing substantial damage”21. It is a traditional practice which is wide spread in Nigeria. FGM is an archaic practice which is not limited to Igbo culture. It is practiced in virtually every state in Nigeria. A recent survey, by UNICEF22 (United Nations Children Education Fund) reveals that in Nigeria, the practice varies widely from the lowest rate of 0.6 percent to the highest at 98.7 percent. It cuts across religious and cultural boundaries. The victims are often infant girls and pregnant women (who failed to be circumcised when they were young). Many flippant and frivolous reasons have been advanced by traditionalist in defence of this harmful practice. They claim it curbs female promiscuity; prevents still birth in pregnant women; enhance male sexual performance, preserves female virginity (the operation they claim destroys female sexual appetite).23 The practice still prevails in Igbo land, despite the fact that the above claims have not been medically substantiated, it is estimated that 33 percent of Nigerian household still practice this procedure24. It is quite alarming that the practice persist, despite overwhelming evidence that it is crude, degrading, deadly and discriminatory. The rationale for this compulsory violence has been hinged on the fact that it curbs promiscuous tendencies in women, Arinze Umobi, C, has however, argued that medical evidence has debunked this popular view that circumcised females are less promiscuous than uncircumcised females. 25 This practice should be stopped immediately, in view of the associated damages such as; hemorrhage; shock; transmission of sexually transmitted infections; and sexual – dysfunction (frigidity and infertility). Legally, FGM is a violation of section 34 of the Nigerian 1999 Constitution, which prohibits torture or inhuman and degrading treatment, besides the practice is highly discriminatory as it purports to protect men’s selfish interest to curb women’s sexual appetite while the men are at liberty to marry as many wives as they desire. Polygamous Nature of Customary Law Marriage. Igbo customary law marriages are potentially polygamous in nature, consequently, Igbo men who are married under Igbo native law and customs reserve the right to marry as many wives as they desire, whether they are economically buoyant or not. Whereas their wives do not enjoy such corresponding rights, rather they are expected by Igbo culture to compete for their husband’s love. The husband in most cases shower much love on the most favoured wife, while the others and their children often suffer all manner of economic deprivation, while promiscuity is not advocated herein, yet it could be argued that if our culture could embrace polygamy, then polyandry which permits a woman marrying several husbands at the same time, should also be permitted. Besides, if monogamy is the rule in statutory marriages, then there is no reason why our culture should continue to encourage polygamy to persist even in this era of HIV/AIDS epidemic. It is obvious that in such union, multiple sexual partners are involved and where one sexual partner contracts HIV/AIDS epidemic, it would quickly spread like wild fire to others26. Factors, which Impede the Elimination of these Harmful Cultural Practices. The factors that have hindered the elimination of these harmful cultural practices are legion. They include, firstly, cultural factors e.g., male superiority syndrome which is deeply embedded or entrenched in Igbo culture .Also Igbo culture appears to be too rigid and very resistant to change; Secondly, educational factors ,(denial of girl-child education) ,has slowed down the eradication of these practices. Knowledge as we all know is power. Disinheriting wives and daughters In some parts of Igbo-land, a wife has a right to reside in her husband’s house as long as she remains the wife, a right that terminates as soon as her husband dies. Her only saving grace, however, becomes her male children who have an inalienable right to reside in and make claims over her husband’s property. If she doesn’t have a male child, technically she becomes homeless for the rest of her lifetime, unless she is ready to be inherited by her husband’s younger brother who, in turn, becomes her new husband and therefore retains her rights by co-habiting with her. In Igbo culture also women are not entitled to inherit land from their father’s side. But among the Yoruba’s, it is the opposite. In Igbo culture also, a woman cannot be the family head no matter her seniority level in the family or academic attainment. Even when the estate left behind has some money, it is inherited by all his sons to the exclusion of his daughters. If the deceased had no sons, then his eldest brother would inherit his property. The only means by which a female child can inherit her father’s property in the absence of a male child in Igbo culture, however, is to remain in the family with the hope of bearing a male child who becomes an heir. And no family prays for such a situation! In some parts of Northern Nigeria, women’s right of inheritance is assured and the share they are to have in the property is predetermined. If a man dies without will or wish, his widow is entitled to only a quarter of the estate. But if there are children or grand- children, her share will be reduced to one-eight. Where the marriage is polygamous, the wives share the one-quarter or one eight equally among them. Discriminatory provisions in indigenous laws and customs especially regarding inheritance by women have brought a lot of physical, emotional and psychological problems. It is said that a healthy life involves a sound functioning of mind and body. Most women in Nigeria, especially of the Igbo stock, do not enjoy this condition due to dispossession and oppression involved. This feeling of ‘I’m a second class citizen’ hunts them for life and they move about with the psyche weighing them down. They feel inferior, deprived and downcast. Most women die because they don’t have a male child and some of them develop psychological problems that may lead to premature death. Since all human beings are born free without any inhibitions on grounds of sex, as stipulated in the constitution, any form of discrimination is antithetic to a civil society built on tenets of democracy, a system Nigerians have freely chose as a people. Women should learn to take matters that concern them to the courts, and refuse any kind of pressure to withdraw matters from the court for adjudication at home. This is because any kind of adjudication out of court would be according to the ‘omenela’, the same institution that has subjugated them for centuries in the name of custom and tradition, using the dictates of the Elders and the Umuada. Women should seek for a discrimination-free revolution in matters concerning them. The spirit of the new bloodless revolution initiatives for women emancipation should be for them to take matters concerning them to courts of justice anywhere in the affected areas.