Uganda Women Activists and Human Rights organisations
Meet His Excellency the Ambassador of the Republic of Nigeria over the case of Amina Lawal

On 3rd September 2002, Activists from Uganda women organisations, and Human Rights organisations met His Excellency the Ambassador of the Republic of Nigeria to Uganda Sam Edem. The aim of the meeting was to request His Excellency the Ambassador, to receive, on behalf of His Excellency the President of the Republic of Nigeria, a 3 page statement (about Amina Lawal's case), from various civil society organisations represented by about 40 activists. The group held a one Kilometre peaceful demonstration to the commission.

The statement was handed over to His Excellency the Ambassador, by Ms Jackie Asiimwe, Coordinator of the Uganda Women Network. Present at the ceremony included; Hon. Miria Matembe, the Minister of Ethics and Integrity of the Republic of Uganda, Hon. Loyce Bwambale Member of Parliament of Uganda, Heads of the participating women NGOs and Human Rights organisations, activists and the media.

In his response, His Excellency the Ambassador of the Republic of Nigeria to Uganda, reaffirmed to the group that the government of Nigeria is handling the case of Amina Lawal positively, and that it would do everything possible to see to it that the human rights of Amina Lawal and her child are respected.

He further reaffirmed to the group that the government will make sure that Amina Lawal is not stoned and she is given a chance to live.


APPEAL TO H.E. PRESIDENT OF NIGERIA OVER THE LIFE OF AMINA LAWAL

Your Excellency,

We the undersigned, members of the women's movement in Uganda, are deeply concerned about the pernicious effect on human beings, and especially women, of the introduction of the Shari'ah based Penal Codes in Northern Nigeria. These new codes establish the death penalty for crimes such as adultery and introduce inhuman and degrading punishments like stoning as in the case of Amina Lawal. We are further concerned for the physical and psychological integrity of Amina that such sentence and punishment presents.

While we take cognizance of the fact that states must uphold law and order, yet we also firmly believe that one of the tenets of law and order is fairness in the application of justice for both men and women. We therefore kindly appeal to your government:

1. Recognizing that the death penalty is never an appropriate punishment for a crime, to abolish the death penalty.
2. To ensure that no one, most especially women, the poor and the vulnerable are not discriminated against before the law on grounds of religion, sex or social status.
3. To end prosecution of consensual sex between adults.
4. Specifically with regard to Amina, to commute the death sentence and drop the criminal charges against her or at the very least, ensure the right to a fair trial, including the right of appeal and exhaust all avenues within Nigeria's legal system.
5. To plead with the religious and political leaders in Katsina State to show clemency in the exercise of the prerogative of mercy.
6. To protect Amina's child's right to be reared and nurtured by her mother, a 'privilege' in present day Africa where there is vast number of orphans due to HIV/AIDS, war and famine.

Both the sentence and the punishment prescribed are inconsistent with the supreme law of the land, Constitution of the Federal Republic of Nigeria (1999), which in Chapter 4 on Fundamental Rights states,

Article 34(1)(a) Every individual is entitled to respect for the dignity of his person and accordingly no person shall be subject to torture or to inhuman or degrading treatment

Article 36(1) In the determination of his civil rights and obligations ... a person shall be entitled to a fair hearing...

The sentence and the punishment prescribed are also in breach of international human rights instruments signed and ratified by your government, such as:

The International Covenant on Civil and Political Rights, which states

In Article 6 (1) Every human being has the inherent right to life. This right shall be protected by law. No one shall be arbitrarily deprived of his life.

Article 7: No one shall be subjected to torture or cruel, inhuman or degrading treatment or punishment.

Article 14: All persons shall be equal before the courts and tribunals. In the determination of any criminal charge against him, or of his rights and obligations in a suit of law, every one shall be entitled to a fair and public hearing by a competent, independent and impartial tribunal established by law.

Article 16: Everyone shall have the right to recognition everywhere as a person before the law.

Article 26: All persons are equal before the law and are entitled without any discrimination to the equal protection of the law. In this respect, the law shall prohibit any discrimination and guarantee to all persons equal and effective protection against discrimination on any ground such as ... sex...

The Convention on The Elimination of all Forms of Discrimination Against Women, which states:

Article 2 (e): State parties condemn discrimination against women in all it's forms, agree to pursue by all appropriate means and without delay a policy of elimination discrimination against women and to this end, undertake to take all appropriate measures to eliminate discrimination against women by any person, organization or enterprise

Article 5 (a): State parties shall take all appropriate measures to modify the social and cultural patterns of conduct of men and women, with a view to achieving the elimination of prejudices and customary and all other practices which are based on the idea of the inferiority or the superiority of the sexes or on the stereotyped roles for men and women.

Article 15 (1): State parties shall accord to women equality with men before the law.

African Charter on Human and People's Rights:

Article 3(1): Every individual shall be equal before the law.
            (2): Every individual shall be entitled to equal protection of the law.

Article 4: Human beings are inviolable: Every human being shall be entitled to the respect of his life and the integrity of his person. No one may be arbitrarily deprived of this right.

Article 5: Every individual shall have the right to the respect of the dignity inherent in a human being and to the recognition of his legal status. All forms of ... torture, cruel, inhuman or degrading punishment and treatment shall be prohibited.

Article 18 (3): The State shall ensure the elimination of every discrimination against women and also ensure the protection of the rights of women as stipulated in international declarations and conventions.

In light of the above provisions, we are concerned that the treatment with the sentence given to Amina

• Is discriminatory because it excludes the man with whom the alleged offence was committed
• Is tantamount to torture, inhuman and degrading treatment
• Is against the principles of natural justice and equity
• Violated the principles enshrined in the Nigerian Constitution as well as international standards, which Nigeria has endorsed.

We are further concerned about the fate of Amina Lawal's child. Amina's execution would greatly jeopardize her child's chance to adequate physical, mental, spiritual, moral, social growth and development. Amina's child also so has rights as contained in international and regional human rights instruments, among them the Convention on the Rights of the Child, which states

Article 3(1): In all actions concerning children... undertaken by courts of law, the best interests of the child shall be the primary consideration

Article 3(2): Stats Parties undertake to ensure the child such protection and care as is necessary for his or her well being, taking into account the rights and duties of his or her parents...

Article 7: The child shall have the right to... be cared for by his or her parents.

African Charter on Human and Peoples Rights:

Article 18 (3) The State shall ensure the protection of the rights of the child as stipulated in international declarations and conventions.

Nigeria as a signatory to the above mentioned international conventions and treaties should not be in breach of its legal commitments to recognize, promote, respect and protect the rights of women.

Download a copy of the appeal (WORD format).

Contact person about the appeal:

Jackie Asiimwe
Coordinator, Uganda Women's Network (UWONET)
Email: uwonet@starcom.co.ug
Web: UWONET

or

Ruth Ochieng
Director, Isis-Women's International Cross-Cultural Exchange (Isis-WICCE)
Email: isis@starcom.co.ug
Web: Isis-WICCE

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Last update: September 3, 2002