The issue of gender equality has been one of controversy and heated debates all over the nation.
The bill was initially rejected by the senate which had sparked an uproar from people who believed that it was a means to keep women under the thumb of a society ruled by men. Reports indicate though that the Senate do not want to throw the bill away but rather fine tune it in such a way that it adheres to the religious beliefs of the nation.
The Enugu House of Assembly hosted a public hearing on Gender and Equal Opportunity Bill 2016 yesterday and will continue today.
The Asociation of Catholic Medical Practitioners of Nigeria, a religious body have come out with a rebuttal of parts of the bill stating in part that it will promote homosexuality and Lesbianism and also bring about a breakdown in society.
They released a document prepared by Prof. Dr. Philip Njemanze MD. Chair ACMPN Committee on Review of National Laws which highlights points of the Gender Equality bill and rebutted them stating how they could adversely affect society and how they were also unconstitutional.
The Gender and Equal Opportunities Bill before the Senate of the National Assembly and some State Houses of Assembly is the domestication of the Convention on the Elimination of All Forms of Discrimination against Women (CEDAW).
Images of the bill itself will be available for sighting after at the end of the document.
You can read the document itself below.
ACMPN Rebuttal Section 1 on Purpose of the Bill:
The purpose of the Gender and Equal Opportunity Bill is to give effect to: The foreign agenda towards elimination of all forms of discrimination that will facilitate destruction of all persons from girl child to woman, boy child to man, and total destruction of the Nigerian society using our own laws. Fundamental Human Rights under the 1999 Constitution on Gender is not ‘Gender Sameness’. The 1999 Constitution recognizes the roles of men and women and their inalienable rights. The Right to Same-Sex Marriage promoted by this Bill is an abomination in all Nigerian Cultures and Traditions. The Ban of the Holy Bible and Holy Koran from schools promoted by this bill under the deception of ‘elimination of stereotypes in curricula’ is not women’s rights but an attack against the Freedom of Religion enshrined in the 1999 Constitution of the Federal Republic of Nigeria.
The real purpose of the Gender and Equal Opportunity Bill is to domesticate of the so-called Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW), the Protocol to the African Charter on Human and People’s Rights on the Rights of Women in Africa (Maputo Protocol), which are two international conventions which fall under External Affairs of Item 26, Exclusive Legislative List Part I, Legislative Powers, Second Schedule, of the 1999 Constitution of the Federal Republic of Nigeria, No. 24. They have also introduced this same bill in the various State Houses of Assembly in Nigeria. The State Bills, in all it statues seeks to domesticate by legislation the international conventions, a matter on the Exclusive Legislative List of the National Assembly, thereby, breaching the constitutional separation of legislative spheres of influence between State Houses of Assembly and the National Assembly. Moreover, the National Assembly has voted to decline from domestication of CEDAW (similar to the action of the U.S. Senate which declined from domestication of CEDAW citing breach of the sovereignty of the USA), and Maputo Protocol (National Assembly had similar concerns that Maputo Protocol legalizes abortion, contraception, abolishes our traditional inheritance rights, abolishes our African Traditions and Culture, and destroys our religions). Therefore the action of the State Houses of Assembly particularly in Enugu (public hearings), Imo (passed) and Ekiti (passed) States, to pass the Gender and Equal Opportunity Bill challenges the supremacy of the National Assembly on issues of domestication of international treaties and conventions, as well as challenging the sovereignty of the Federal Republic of Nigeria. The aim of the Foreign sponsors of the Gender and Equal Opportunity Bill, is to achieve legalization of Same-Sex Marriage, Abortion, Contraception, Human Ovarian Egg-trafficking, drastic under-population of Nigeria, disintegration of the African Traditional way of Life, ban of the use of Holy Bible in Schools, ban of use of Holy Koran in Schools, ban of all-men Catholic and Anglican Priesthood, ban of all-male Seminaries and all-female Sisters Convents, ban of all-men traditional rulers and total destruction of religion and culture in Nigeria. In Imo State and Ekiti State the Gender and Equal Opportunity Bills are now laws. There is a persistent attempt to pass it in Enugu State. This is a gradual steady process to weaken our Christian and Islamic religious backgrounds and hence collapse of our traditional and religious values would make it easier to destroy Nigeria. To the latter effect, the Bill is unconstitutional and should be null, void and of no effect.
ACMPN Rebuttal to Section 2(a)(b)(c) Prohibition of Discrimination:
There are no exemptions based on religion, customs and traditions. This means that the Sultan of Sokoto could be a woman if by age, academic standard and family lineage is the one due to be in the position. The law mandates that the Sokoto Sultanate crown a woman the Sultan of Sokoto and head of all Moslems in Nigeria! Catholic and Anglican churches must ordain women as priests! So we can see that, the Catholic or Anglican Primates in Nigeria could be women regardless of the Universal Church apostolic traditions. All-women convents would now be shared by males, while all-male convents will now be shared with females. This would mean the destruction of religion in Nigeria. This will change our customary and religious traditions we have maintained for millennia. This is not the equal opportunity Nigerian women want in Nigeria. It would rather precipitate social discord and unrest due to the destruction of the age-old traditions that have maintained peace. The foreign sponsors of this Bill seek the destruction of Nigeria. Section 2(a-c) is null and void and of no effect.
ACMPN Rebuttal to Section 5 (i)(ii)(iii): Modification of Socio-Cultural Practices
Section 5 bans the use of the Holy Bible and Holy Koran in schools by mandating that there should be ‘elimination of gender stereotyping in curriculum’. This means that no books that say women have separate roles in a family than men could be used in schools. Section 5 outlaws the religious basis of the Sharia and Customary courts. Section 5(i) promotes female Catholic priesthood, female Ezeship, Emirship, Sultanship by mandating “the promotion of equality of all sexes in all circumstances and for all purposes, including choice of career”, no exemptions were made for religion and customs of the Nigerian people. Section 5(ii) promotes the idea of same-sex marriage in up-bringing of children in the family by maintaining that “maternity is a social function’ which can be performed by either a male or female person. Section 5 (i)(ii)(iii) is null and void and of no effect.
ACMPN Rebuttal to Section 7(b)
Section 7(b) by mandating the “eliminations of any stereotypes concept of the roles of men and women at all levels and in all forms of education” it automatically outlaws religious schools which are all-male or all-female. This means in Nigeria, there would not be male-only seminaries or schools and female-only convents or schools. This will destroy both the Christian, Islamic and traditional African religions in Nigeria. Section 7(b) is null and void and of no effect.
ACMPN Rebuttal to Section 8: Elimination of discrimination in employment
Section 8 mandates to “eliminate discrimination against women in the field of employment, occupation or profession” there is no exemption clause for religion and traditions. Priesthood, Sultanship, Ezeship are all professional roles which the law mandates women could choose under this law, since there are no exemptions for religion or tradition. Section 8(g) mandates the right of everyone to the protection of the person’s health… and choices in reproduction and maternal or parental responsibilities”. This means that a woman choosing abortion as a means for protection of her health and is allowed under Section 8(g). Furthermore, Section 8(g) is impractical and very expensive for corporations since it mandates that no “entity shall limit or restrict or otherwise strictly regulate the period or conditions, an employee undertaking maternity leave”. A woman could take two years of paid maternity leave if she claims her had a child birth with come complications. This could cost Nigerian corporations billions of USD annually and is subject to gross abuse. Section 8 is null and void and of no effect.
ACMPN Rebuttal of Section 9(a): Elimination of discrimination on grounds of marital status
Section 9(a) mandates that every “entity shall prevent discrimination against women on the grounds of marriage, marital status, or maternity”. This would mean that the Nigerian Army must admit marriage women into serious combat roles against guidelines. The Church must have marriage women, homosexual and transgender priests despite the traditions of the Church.
ACMPN Rebuttal Section 10(a): Elimination of discrimination in health
Section 10(a) mandates corporations and in Section 10(b) private institutions to provide free healthcare services to women who are pregnant and within 2 years of delivery. This is impractical because the costs must be covered under the National Health Insurance Scheme. Section 10(a)(b) is null and void and of no effect.
ACMPN Rebuttal Section 12(b): Right to choose indigenship and identity
Section 12(b) is ambiguous by saying “no rule, regulation or guideline shall impose on any persons, place of abode, domicile, state of origin or name”. This would mean that, a foreign person born outside Nigeria, and naturalizes can become president of Nigeria if he/she does no fill into INEC forms state of origin or original names. He/She can claim indigenship and local name from anywhere in Nigeria. Foreign governments could send mercenaries to become president, governors and legislators in Nigeria! Section 12(b) is null and void and of no effect.
ACMPN Rebuttal to Section 13: Right to confer Citizenship
Section 13 says that “women shall have equal rights with men to confer their citizenship on their children”. This has to be by mutual consent. Section 13 is null and void and of no effect.
ACMPN Rebuttal to Section 15: Rights in matters relating to marriage and family life
Section 15(b) states “right to freely choose a spouse”. A spouse can be a man or woman. The right to freely choose a spouse means that a man can choose a man and a woman can choose a woman, since marriage in Section 15(a) is no defined as a union between a man and woman. The Bill does not define marriage! Which should have been defined as:- “A marriage is a union of a man and a woman established between themselves by their own free will as a partnership for the whole of life according to an order established by law, faith or custom, is by its nature ordered toward the good of the spouses and the procreation and education of offspring”. Section 15(b) legalizes Same-Sex marriage! Section 15 (b) is null and void and of no effect.
ACMPN Rebuttal to Section 15 (e) the so-called right to SPACING of their children.
Section 15 (e) with the vague term SPACING of children, without specifying which methods are allowed, this therefore implies the legalization of all methods of child-spacing that include Abortion, Contraception, Assisted Reproduction and Human Ovarian Egg-donation, male castration, and female genital mutilation. Section 15(e) is null and void and of no effect.
ACMPN Rebuttal to Section 16(d): Prohibiting Violence Against Women
Section 16(d) mandates elimination of “practices and stereotypes which legitimize and exacerbate the discrimination against women”. This would mean that the Holy Bible and Holy Koran cannot be used for public teachings since both Holy books promote stereotypes, that mean saying that, men and women have separate roles in society.
Section 16 has broad and vague interpretations of abuse and violence. “Abuse includes physical, psychological, sexual, verbal, economic, social, cultural or similar mistreatment or mishandling which interferes with the integrity of a female or male human being”
This definition of ‘abuse’ as ‘verbal’ was made broad to include normal parental scolding of children, preaching against ‘sins’ of adultery, abortion, fornication, etc., as is customary in our religious society. It includes preaching by Priests, Pastors, Evangelists, Bishops, Traditional heads that condemn actions contrary to our religion and culture. The latter curtails the “Freedom” of religion, and restricts the Church and traditional institution from correcting the evils of society such as the sins of abortion, contraception, fornication, adultery, etc. Perpetrators if condemned by preachers on the pulpit could take offence even when not specifically directed at them but at the entire congregation; the Bill allows anyone to claim ‘psychological’ distress in response to ‘verbal abuse’ that they consider violates ‘the integrity of a female or male human being’. There are no limitations or exemptions made by the Bill, on what could be considered as ‘abuse’ therefore all cultural manners of correction of children and young people would be considered as ‘abuse’ liable to fine and/or imprisonment. Daughters would go against mothers and sons against fathers in courts, with parents facing jail sentences as prescribed by the Bill. This would create a breakdown of ethics and morals, customs, traditional practices, and religion that holds the fabric of our society. Children growing up in Nigerian society that is compliant to Bill would have no cultural, religious, ethical and moral restrictions and no traditional upbringing for which we are known as a people. The impending chaos would lead ultimately to the disintegration of our entire socio-political system. This is the goal of the racist foreign sponsors of the Bill, under a deceptive title: Gender and Equal Opportunities Bill.
ACMPN Rebuttal to Section 17: Provisions relating to marriage and matrimonial causes
Section 17 does not clearly define marriage as a union between a man and a woman according to the provisions of the Marriage Act and Matrimonial Causes Act. Section 17 is null and void and of no effect.
ACMPN Rebuttal 18: Provisions relating to offences and sentencing including costs, damages and compensations.
The Bill imposes imprisonment for non-offences, such as admonishing a girl child for wayward behavior could earn the parents imprisonment for one year or N500,000 fine or both for verbal abuse of their child! In Section 18(b), a Bishop or Pastor who preaches against abortion could be liable for causing psychological and emotional abuse on any woman who has undergone abortion. She will be eligible for monetary compensation as determined by the court. Section 18(d) makes the “head of the corporate body, agency, institution or community shall be personally liable for such punishment as maybe imposed by the court”. This means that if a local Moslem cleric or Catholic Priest causes what is deemed by the court to be psychological damage to a woman, the head of Moslems in Nigeria or the Pope would be personally liable. The court can mandate a “public apology” by the Pope or Sultan on the matter. This is outrageous! Section 18 is null and void and of no effect.
ACMPN Rebuttal to Part B: Sections 20-24:
The Bill mandates a Federal Character Commission that implements the Bill. Gender and Equal Opportunities is enforced by the Gender and Equal Opportunities Commission using taxpayer’s money, at a time of economic hardship, we are forced to spend money to destroy our society. The Commission has the right to investigate criminal matters and bring them to court. This contravenes the provisions of the 1999 Constitution of the Federal Republic of Nigeria which says only the Nigeria Police has the right to investigate and prosecute these criminal matters including sexual offences.
ACMPN Rebuttal to Part B: Section 25:
The High Court of the Federal Capital Territory was given the original jurisdiction to look into application arising from any breach of the provisions of this Bill. Some of these offences will arise with the jurisdiction of the Sharia courts and Customary courts, so it is unconstitutional to make the Federal High court Abuja to have the sole jurisdiction. In local communities offences are tried in the lower courts in the states.
ACMPN Rebuttal to Part B: Section 27:Miscellaneous:
Section 27 mandates that “any neglect on the part of any director, manager, secretary or other similar office of a corporate body” … such officer as well as the body corporate, commit an offence and are liable on conviction to imprisonment for not less than One Year or N500,000 fine or both. This means that a Bishop may be facing imprisonment because his priests in the diocese while on the pulpit condemned abortion, which was claimed by a woman to have cause psychological damage. The same as Moslem clerics would go to jail if their followers abused women. Section 27 is null and void and of no effect.
ACMPN Rebuttal to Section 28: Interpretation:
“Women” includes the girl child.
“Men” includes the boy child.
The Bill is titled “Gender and Equal Opportunities Bill”. However it does not define “Gender”. Rather the Bill defines Women to include girl child, and Men to include boy child. This means for example that, if women can assert the right to use contraception or abortion so can girl child. What this Bill does is to remove all age limits to reproductive rights. Usually Gender is defined as the societal role of Man and Woman, while Sex is based on the Genetics of Male and Female. The Foreign sponsors of the Law sought to introduce language confusion to deceive Nigerian Lawmakers and hide away their real intentions. Therefore, a boy child has been made into a ‘Man’, that is to play a Man’s role in asking for reproductive rights and right to marriage. The Bill by defining ‘Women to include girl child and Men to include boy child’ is in conflict with the Criminal Code Act of the Laws of the Federation of Nigeria 1990 section 214 categorizes “carnal knowledge of any person against the order of nature” as an felony carrying the punishment of imprisonment for fourteen years. Therefore, Section 28 is null and void and of no effect.
ACMPN Rebuttal to Section 28: Interpretation of Violence:
“Violence” includes physical, psychological, sexual, verbal or emotional maltreatment or assault.
The Bill seeks to classify as ‘violence’, verbal condemnation of actions and lifestyles not consistent with Nigerian religions, customs and traditions. This would create ethical and moral chaos with ultimate breakdown of our society. Section 28 is null and void and of no effect.
ACMPN Rebuttal to Section 28 on Interpretation of Discrimination:
“Discrimination against any person” shall mean any distinction, exclusion or restriction made on the basis of his or her sex or gender or other condition or status,,, which has the effect or purpose of impairing or nullifying the recognition, enjoyment or exercise by any person, irrespective of their marital status, on a basis of equality of men and women, of human rights and fundamental freedoms in the political, economic, social, cultural, civil or any other field.
The definition of ‘Discrimination’ means any ‘distinction, exclusion and restriction’ in all areas, political, economic, social, cultural or any other field (e.g Religion, traditional Ezeship, Sultans, Emirs, Traditional Ohas, Traditional Prime-Ministership, Priests, Pastors, Catholic Bishops, Anglican Bishops,Imams, and others). The Bill underscores that there are NO EXEMPTIONS, in all applicable areas which women can take roles equal to men. Therefore, the Bill abolishes all male Catholic Priesthood, all male Anglican Priesthood, all male Igbo Ezeship, all Hausa-Fulani Emirs, all male Igbo, Yoruba, Hausa tribal traditional rulers, all male Seminaries, all female convents for Catholic nuns. The entire Bill is null and void and of no effect.
For further reading, you can view the bill itself and see the points they are arguing against below.
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