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‘Why Child’s Rights Act Still Doesn’t Apply Throughout Nigeria’

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Nigeria adopted the Child’s Rights Act in 2003, giving legal consent to both the United Nations Convention on the Rights of the Child and the African Charter on the Rights and Welfare of the child. The country’s constitution states that for an international law to take effect, Nigeria’s legislature must create a national version.
But as Nigeria operates a federal system of government, the law does not automatically become applicable in all of its 36 states. In terms of the constitution, children’s issues are the preserve of the constituent states. Each state legislature must make the national law applicable within its territory. And only 25 of the 36 states in Nigeria have localised the Child’s Rights Act.
Currently, 11 states, all in northern Nigeria, have yet to domesticate the Child’s Rights Act. There are no records of discussions or debates about the Act in these state legislatures. It has been argued that other laws, including the constitution, are able to protect children. But children in those states are still subject to practices like early marriage, female genital mutilation and begging.
Why The Law Has Not Been Adopted Fully:
Apart from the federal structure of Nigeria’s government, there are other reasons the Child’s Rights Act has not been adopted by all states. Chief of them is religion, coupled with ethnic and cultural diversity. The dominant religions in Nigeria are Christianity and Islam, with a significant population being adherents of traditional African religions.
It may be simplistic to describe Nigeria as comprising “a Muslim North” and “a Christian South”. There are significant numbers of Christians in the north and Muslims in the south. But Islam does dominate in the north, in comparison to the south.
And the Supreme Council for Shariah in Nigeria, along with some legislators from the north, characterised the Child’s Rights Act as anti-culture, anti-tradition and anti-religion. Some of the contentious issues include the definition of the child (a person below 18 years) as it pertains to child marriage, particularly for girls.
Child marriage is a prevalent practice in parts of the north. Children about the age of 10 or 12 years get betrothed or married off. While the Child’s Rights Act prohibits child betrothal and child marriage, there are other operational laws that make exceptions.
The basis for this is that in Islam, puberty is a determining factor in a (girl) child’s readiness for marriage. Fixing 18 years as the minimum age does not fit the doctrine.
Other religious concerns against the acceptance of the Child’s Rights Act include children’s right to freedom of religion, differences in the inheritance rights of male and female children, and the Shariah’s prohibition of adoption, in favour of kafalah, which distinguishes between biological and non-biological children.
Implications:
By ratifying the Child’s Rights Convention and African Children’s Charter, the Nigerian government has the overall responsibility for ensuring these are implemented in a uniform and coherent manner. The government also took on the responsibility of discouraging religious, cultural, customary or traditional practices that are inconsistent with the Charter.
Yet, at the most basic level, the government is failing to live up to this obligation. Children, a most vulnerable group on account of physical and mental immaturity, bear the brunt of this inaction. They are being denied the full protection of the law. And the consequences for many children, besides child marriage and its health and other consequences, include negative impacts on their education and overall development.
With regard to education for example, the socio-cultural Almajiri system remains prevalent in the north. The practice allows children, usually from poor homes, to be sent to “Islamic boarding schools” for religious education. Many, however, end up on the streets as child beggars, seeking alms and menial jobs for daily survival.
Successive governments have failed to incorporate it as part of the formal school system, leaving children exposed to harmful practices and abuses prohibited by the Convention on the Rights of the Child, the African Children’s Charter and the Child’s Rights Act. In Nigeria, recruitment of these child beggars by terrorist organisations such as Boko Haram is a real threat or option.
Children Need Uniform Protection
The Child’s Rights Act and the African Children’s Charter define a child as a person below 18 years. But various laws in Nigeria define children differently and for various purposes. The government needs to take the lead in harmonising the various definitions in conformity with these international and regional laws.
A constitutional amendment would ensure unification across the nation. It should leave no loopholes for contradictory laws, particularly at the state and local levels or based on religion or customs. But a constitutional amendment is a Herculean task, hampered by some of the obstacles facing the Child’s Rights Act. It should consider the multi-cultural and multi-religious nature of Nigerian society but focus on the best interest of all children.
While the constitution does not expressly declare Nigeria to be a secular state, a harmonious approach to law making that does not vilify religion is in the best interests of the child. Religious and traditional leaders are “gatekeepers” who cannot be jettisoned. Negotiations with them should not devalue their religion, but get them to become drivers of change for the benefit of children.
The importance of public education campaigns about the issues cannot be over emphasised. The voices of children must also be amplified. Increasingly, examples from the world over show that the power to cause real change begins with the populace. In other words, political will can be secured via a bottom-up rather than top-down approach.
States that have domesticated the Child’s Rights Act also have a role to play in challenging the remaining 11 states to do the same. They can do this by showing concrete evidence of the change in the lives of children in those states.
There is no strong case to be made for domestication if it has not translated into fulfilled rights for children. For example, female genital mutilation, a prohibited harmful traditional practice, is still common in parts of southern Nigeria.
Ultimately, where children are concerned, all actions must be in their best interests. The first step in that regard is applying the Child’s Rights Act across the country.

By: Usang Maria Assim
Assim is of the University of Western Cape.

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Youths’ Role In NationBuilding

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Nation building is a dynamic process involving all segments of the locality, including the often-overlooked and undermined youth population. Youths represent a vast and often untapped resource for immediate and long-term community development efforts. They also provide an invaluable resource for the progress of any society as well as its development. As youths are brought into and connected with national issues and programmes (they have often times been ignored/excluded), they can participate actively and contribute to decision-making at multiple levels.
As youths are engaged in more sustained positive relationships with adults, other youths and national development programmes, apart from realising that they are valued citizens of their nations, such collaborations and participation may lead to skill enhancement, empowerments and confidence-building traits, which will help prepare them for active interest and involvement in nation-building (even in future).
The total population of those between the ages of 15 and 34 was about 30 million in the 1991 census, equivalent to one of every three Nigerians. It was projected that by the year 2000, the total population of this category of young person’s would be about 38 million (National Youth Policy, 2001). In 2006, a nation-wide population and housing census was conducted to update the records. It indicated that the youth profile in the Nigerian population has tremendously improved to 53 million (NPC, 2006).
Apart from the issue of numerical strength, global trend is towards emphasising the primacy of youth in the developmental process, with deliberate efforts by national governments to create conditions that will encourage youth to utilise their energies and resourcefulness for growth and sustainable development of their nations. It was in the light of this development that the Nigerian Youth Organisations in their memorandum to the last National Political Reform Conference maintained that:
“Nigerian youth must have a voice and must be given a greater say to contribute in the way he is governed and allowed to play greater role in leadership and governance so that at all times, he is properly equipped to assume the mantle of leadership which inevitably must come someday. (National Political Reform Conference 2005:15).
However, the prevailing conditions in much of the developing nations, especially Nigeria, have seriously extenuated the potentials of the youth as agents of social change. These challenges range from the economic and social to the cultural. The treacherous triangle of poverty, illiteracy and unemployment in which the bulk of Nigerian youths are currently trapped, has severally challenged their sensibility and has in the long run given rise to what sociologists term as attitudes of fatalism, resignation and acceptance of the situation (Heralambos, 2001). The persistence of these social problems has created an environment where youth are cheaply available for manipulation by self-seeking politicians. Poverty, illiteracy and unemployment are interrelated conditions that generate human needs and therefore constitute a state of deprivation.
As the youth continue to remain in this state, there is pent-up emotions and untapped energies. They provide cheap labour to execute the design of political gladiators and ethnic champions. In an apparent indictment of the Nigerian politicians, Togbolo (2006) observed, “they take advantage of the poverty-stricken nature of the country to exploit the people; politicians are fond of using the youth restive nature as a political strategy to have their way.”
According to Gribble (2010), “more than half of the world’s population under the age of 25 (between ages 15 and 24) are in greatest need of empowerment, those who are younger will quickly come of age and share these same needs. This segment of the population (15 to 24) is expected to continue growing faster than other segments for at least 20 more years” (Gribble, 2010). With the swelling wave of young people, access, empowerment and their engagement in nation-building becomes critical if they are to contribute effectively.
Uhunmwuangbo and Oghator (2013) suggested two (2) major motivations which have brought the converge of youth (young persons) into the policy agenda of national governments, thus fascinate and prioritised youth inclusion to the building process of any nation. According to them, the first is the global process of democratisation, beginning in Southern Europe, extending to Latin America, Asia and Africa, and more recently to Eastern Europe (Almond, 2004).
The second is the phenomenon of globalisation that has seriously challenged the capacity of nation-state to govern and which, according to Heady, et al, embodied a transformation of the spatial organisation of social relations and transaction (Heady, 1979). The combined effects of these global trends have confronted and dismantled authoritarian regimes in a decisive way, and at the same time rekindled the spirit of civil society in the political process (Suleiman, 2006).
The youth as an important component of the civil society is in the process of self rediscovery in an era characterised by the intense movement of the social forces of democratisation and globalisation. As they interact with other actors in the social system, the youth express their interest and needs, they relate with relevant political institutions and political processes to articulate their views and promote shared interest (Suleiman, 2006).
The role of education positioning and providing youth with access to effective engagement in national development which is a way of incorporating them in the decision-making process of the nation’s governance, nation-building activities where they are welcomed, with accurate and comprehensive information which will empower them to make healthy decisions.
There is no how the untapped capacities in youth can be tapped and utilised with an all-inclusive, participatory and synergy approach; thus, a suggestive dimension for involving the youth in nation-building. Youth participation, according to Cornwall (2010), refers to the involvement of youth in responsible, challenging action that meets genuine needs, with opportunities for planning and/or decision-making affecting others in an activity whose impact or consequence is extended to others. i.e outside or beyond the youth participants themselves. Rajani (1999) notes that, “it is only through participation that youth develop skills, build competencies, form aspirations, gain confidence and attain valuable resources.” This shows that youth participation therefore is a product and strategy of sustainable human development.
Youth comprise nearly 30 per cent of the world’s population. These large members of young people are an opportunity; an investment to their country. Youth participation in nation-building programmes/activities therefore is to: Strengthen young people’s abilities to meet their own subsistence needs; prevent and reduce vulnerabilities to economic, political and socially unstable environemnts; promote owership and sustainability of change interventions; help gain entry into target communites and build up trust and social cpaital.
Nigeria with over 140 million people and over fifty percent of youths cannot afford to lock out the youths if they must compete politically, technologically and scientifically in order to align itself with the sustainable development in Africa in particular and the developed world in general. Nigeria can build a strong and viable nation if and only if there is an existence of common values, beliefs, attitudes, effective leadership and a will to live together as a nation. Such transformations must allow every group (especially the youth population) to participate in the economic, political and the social spheres of the nation.
The following recommendations are discernibly based on the foregoing: Youth should be given the opportunity to develop their capacities thrugh balanced education and exposure. Skills acquisition and entrepreneurship will help reduce idleness among youths and keep them from being involved in crime and other activities that are counterproductive in nation-building. Youths should be made relevant and involved in leadership at different levels of government. We must moderate our demands on our youths and as well condition their behavior in line with our cultural values.
The youth of today must not fail this nation.
Concluded

Immanmuel Rohi
Rohi is a member of the Nigerian Youth Volunteers, Rivers State.

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‘How You Go Forward Is Your Responsibility’ 

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What happened to you was not fair. You were merely a collateral damage on someone else’s war path, an innocent bystander, who got wrecked out of proximity.
We are all hurt by life, some of us from egregious wrongdoings, others by unprocessed pain and sidelined emotions. No matter the source, we are all handed a play of cards, and sometimes, they are not a winning hand.
Yet what we cannot forget is that even when we are not at fault, healing in the aftermath will always fall on us and instead of being burdened by this, we can actually learn to see it as a rare gift.
Healing is our responsibility because, if it is not an unfair circumstance it becomes an unlived life.
Healing is our responsibility because unprocessed pain gets transferred to everyone around us, and we are not going to allow what someone else did to us to become what we do to those we love.
Healing is our responsibility because we have this one life, this single shot to do something important.
Healing is our responsibility because if we want our lives to be different, sitting and waiting for someone else to make them so, will not actually change them. It will only make us dependent and bitter.
Healing is our responsibility because we have the power to heal ourselves, even if we have previously been led to believe we do not.
Healing is our responsibility because we are uncomfortable, and discomfort almost always signals a place in life in which we are slated to rise up and transform.
Healing is our responsibility because every great person you deeply admire began with every odd against them, and learned their inner power which had no match for the worst of what life could offer.
Healing is our responsibility because “healing” is actually not returning to how and who we were before, it is becoming someone we have never been, someone stronger, someone wiser, someone kinder.
When we heal, we step into the people we have always wanted to be. We also are not only able to metabolise the pain, we are able to effect real change in our lives, in our families, and in our communities. We are able to pursue our dreams more freely. We are able to handle whatever life throws at us, because we are self-efficient and assured. We are more willing to dare, risk, and dream of broader horizons, ones we never thought we would reach.
The thing is that when someone else does something wrong and it affects us, we often sit around waiting for them to take the pain away, as though they could come along and undo what has been done.
We fail to realise that in that hurt, we had the most important lessons of our lives and the fertile breeding ground upon which we can start to build everything we really want.
We are not meant to get through life unscathed.
We are not meant to get to the finish line unscarred, clean and bored.
Life hurts us all in different ways, but it is how we respond and who we become that determine whether a trauma becomes a tragedy, or the beginning of the story of how the victim became the hero.
Culled from January Nelson.

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COVID-19 In Babies And Children: Symptoms, Prevention

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With the re-occurring traits of COVID – 19 in Nigeria, it is important that parents and gurdians take extra care of their children.  Reports from Nigerian Centre for Disease Control (NCDC) has it that,as from 16th to18th July, 2022, 478 new cases were confirmed and two deaths recorded.
A paediatrician and infectious disease expert, Dr Aaron Milstone at the Johns Hopkins Children Centre, has advised that it is important for parents and children to take every possible safety precautions and understand all risks and symptoms related to COVID – 19.
Dr Milstone talked about COVID – 19 symptoms in children, how to keep babies and children safe,the risk infected children may lose to others and an overview of Multi system Inflammatory Syndrome in Children  (MIS – C), an unknown but serious condition that may be related to the exposure of the virus.
He added that coronavirus variants, including the very contagious omicron variant has continued to spread, particularly in areas with low rates of community COVID – 19 vaccination among populations such as children under 5, who cannot yet be vaccinated.
According to him, “For children too young to be vaccinated, and adults who have not received Coronavirus vaccines,it is important to follow proven COVID -19 precautions such as mask wearing when in public,indoor places to reduce the chance of becoming infected with the coronavirus. “Indoor activities are riskier than outdoor activities, but risk can be reduced by masking, distancing, hand washing and improved ventilation. Parents and caregivers should understand that children infected with the coronavirus can develop complications requiring hospitalisation and can transmit the virus to others,” Milstone said.
He noted that, in rare cases,children infected with the coronavirus  can develop a serious lung infection and become sick with COVID – 19 and deaths have occurred. That is why it is important to take precautions and prevent infection in children as well as adults.
“According to U. S. Centres for Disease Control and Prevention  (CDC), it appears that women infected with coronavirus can in rare cases pass the disease to their babies. Adding that, infants can also become infected shortly after being born,and most newsborns who test positive for the coronavirus have mild symptoms or none at all and recover, but serious cases have occured.
Pregnant women should take extra precautions,including talking to their doctors about getting a COVID – 19 vaccine to avoid the coronavirus.
Milstone also noted that,there is no evidence that the virus causing COVID – 19 is present in breastmilk but because there is a possibility of spreading COVID – 19 during breastfeeding through respiratory droplets,it is very important for pregnant women to follow safety guidelines.
“Generally, COVID – 19 symptoms in children and babies are milder than those in adults and some infected children may not have any signs of being sick at all; the symptoms include cough,shortness of breath or difficulty in breathing, muscle or body aches,sore throat, loss of smell or taste, diarrhea, headache, new fatigue, nausea or vomiting and congestion or running nose . Fever and cough are common COVID – 19 symptoms in both adults and children, shortness of breath is more likely to be seen in adults . However, serious illness in children with COVID -19 is possible and parents should stay alert if their child is diagnosed with or shows signs of the disease”, Milstone said.

By: Ibinabo Ogolo

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