Citation:Chioma Kanu Agomo, Gender and Social Change, 16Nigerian L.J. 14 (2012)

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GENDER AND SOCIAL CHANGEBy

Professor Chioma Kanu Agomo*

1. IntroductionGender, democratisation and social change are interrelated areas.Indeed, one of the modern yardsticks for measuring the success orotherwise of any democratisation process is the level of prioritygiven to gender issues. Therefore, "any analysis of democratizationthat fails to incorporate a gendered perspective - that ignores theactions and impact of certain groups- will be flawed." 62 Inglehartechoed the same point in these words:

Democratic institutions existed before genderequality, but today, --- growing emphasis on genderequality is an important factor in the process ofdemocratisation. ... support for gender equality isnot just a consequence of democratisation. It is partof a broad cultural change that is transforming manyaspects of industrialised societies and supporting thespread of democratic institutions. 63

This is evidence of social change. It is therefore in keeping with ourmandate as law teachers and researchers to begin to take a moremulti -disciplinary approach to legal issues, and not pretend that lawis a pure science that must not be polluted by politics, sociology,psychology, economics and other disciplines as Kelson would haveus believe.

"Gender has become a growth industry in the academy."64 We havemoved from not having enough academic interest in gender issuesto warrant the teaching of the subject as an independent course to a

Faculty of Law, University of Lagos. This is based on the Plenary Paper delivered atthe 4 5th Annual Conference of the Nigerian Association of Law Teachers (NALT) 18- 20 June 2012.

62 Georgina Waylen, Women and Democratization: Conceptualizing Gender Relationsin Transition Politics, World Politics 46 (April 1994), 327-54

63 Ronald Inglehart, Pippa Norris, Christian Welzel, Gender Equality and Democracy,Gender01.doc. 2/16/2004 7:35, Institute of Social Research, University of MichiganAnn Arbor

64 Barbara J. Risman, Gender as a Social Structure: Theory wrestling with ActivismGENDER AND SOCIETY, vol.18 No.4, August 2004, 429. sourced fromhttp://www.soc.washington.edu/users/brines/risman.pdf accessed 14 June 2012

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situation where, teaching, researching and learning about gender inits various contexts has indeed become of direct academic interest.I have to confess that writing this paper presented me with the samedilemma that writing my inaugural lecture did in 2004.65

Some who are aware of my areas of research andteaching interest these twenty -three years as a Lawteacher may ask; why not Insurance Law? Why notLaw of Contract? Or why not core Labour Law?The simple answer is that there is no better way toappreciate the meaning of insurance than through agood understanding of issues affecting women'slives. Insurance is about preparing againstunforeseen events. It is about showing the utmostgood faith in one's dealings with another person. Itis about securing an interest that would otherwise beaffected positively or negatively by the happeningof the insured event. It is about meeting thereasonable expectations of the parties. Anempowered female is all these and more rolled intoone.

66I pondered, like Atsenuwa , on where the appropriate starting pointshould be in this discourse. I confess that Atsenuwa's JadesolaAkande Memorial lecture was for me a wake -up call. It was awake- up call to step out of my comfort zone of just being satisfiedto use "facts," sometimes questionable facts, to teach or leaddiscussion on gender issues. For example, it is so easy to reel outthe various policies and laws that are supposedly gender specific asevidence of change, without a thought as to the impact of thosepolicies and laws on the lives of those they are meant serve. Themere existence of a legal or policy instrument is taken as enoughevidence that we are gender compliant. This is not often the case. Ihave come to understand the need to start the discourse from a moreabstract level, and to begin to question some of those assumptions

65 Chioma Kanu Agomo, The working Woman in a Changing World of Work, 2004Inaugural Lecture Series, University of Lagos Press, 7, 8.

66 Ayo Atsenuwa, Constitutionalism and Legal Feminism: Stepping Stones orImpediments on the Long Road to Freedom for Nigerian Women, Jadesola AkandeMemorial Lecture Series, 2011, Nigerian Institute of Advanced Legal Studies, at p. 3

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that are usually accepted on their face value as immutable orsacrosanct.

We confront gender issues on a daily basis, and each encounterprovides or should provide us with a fresh opportunity to reflect onour core values. I believe that gender is a topic which we all, menand women, must engage in, if indeed we are serious about beingpartners in development and change agents in our society. We maynot often agree on the best approach or even on the outcomes. But,the fact that we are discussing it as a serious academic issue is itselfa significant evidence of social change. If need be, we must bewilling to unlearn what we had learned to pave the way for what weneed to learn. We must have an open mind and understand thatgender is about you and me as members of the human race and asequal stakeholders riding together in the developmental vehicle.How fast and how safely we travel and arrive at our destination willdepend on whether the person on the driver's seat is the mostcompetent for the job. We must not be like the two "Africanists" inthe two sketches below:

(1) A well known Africanist meets one of hisformer students whom he had not seen sincegraduate school and who was now a scholar inher own right. Meeting anew as professionals inthe corridors of an African Studies meeting, hediscovers that her field of research was women,and says privately to her "Oh no, you are toobright to just work on women."

(2) Another even more well known Africanist inresponse to a perceived challenge to his"manifest destiny" and right to write on womenwithout seriously studying the field sayspublicly in a central forum, that the study ofwomen is too important to be left just to

67women.

67 Carole E. Boyce Davies, On Transformational Discourses and Hearing Women'sVoices preface to Molara Ogundipe-Leslie's Re-Creating Ourselves: African Women& Critical Transformations, African World Press, Inc. xiii

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You can see on the one hand, that gender studies as a seriousacademic discipline was not to be associated with scholars while,from the perspective of the second "Africanist", doing gender ifconsidered academic enough, was not to be left to women. Seriousissues were best handled by well heeled "Africanists". That is thecrux of the issue, failure of society to treat men and women alike inthe selection, allocation, distribution of resources, appointments,jobs, without putting on the gender lenses that compartmentalisemen and women, based on their biological make up.

I must emphasise yet again, that gender is not just about women. Itis about men and women's lives and how they live in relation toeach other. Kofi Annan, the former United Nations SecretaryGeneral in his goodwill message to mark the International Women'sDay on March 8 2003 said that, "promotion of gender equality andthe empowerment of women --- represent a new way of doingdevelopment business."68 His successor, Ban Ki-Moon echoed asimilar view in his Foreword to the 2011 - 2012 Progress of theWorld's Women Report when he said that "achieving women'sequality is a fundamental human right and a social and economicimperative."69

2. ScopeGender is a wide topic and it cuts across disciplines. It is thereforenot possible in an article to touch on every aspect that may beexpected in any discussion on gender. I have chosen to deal withdefinitions and conceptual issues, gender and employment, genderand the constitution and gender and federal character beforeconcluding remarks.

3. Definitions and Conceptual Issues

a. DefinitionsThe International Labour Organisation (ILO) describes "gender" as'the social differences between men and women which are learnedand which change over time. These differences are said to varywidely within and between cultures. Gender is also seen as a tool ofanalysis used to examine the roles, responsibilities, constraints,

68 See also Chioma Kanu Agomo, The Working Woman in a Changing World of Work,University of Lagos Press - 2004 Inaugural Lecture Series. P.1

69 Progress of the World's Women, In Pursuit of Justice, UN WOMEN 2011

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opportunities and needs of men and women in any context. Genderroles and needs are affected by class, age, race, ethnicity, culture,religion, geographical, economical and political environment.Within any given social context, gender roles may be flexible orrigid, similar or different, complementary or conflicting. Besidesdifferences between men and women, there may also be differencesamong women themselves in terms of socio-economic levels,decision-making power and stage of the life-cycle.' Gender cantherefore be described as a fluid concept, a tool of convenience,which is not synonymous with the term "sex" but is often usedinterchangeably with it. Sex refers to the biological differencesbetween men and women.

b. Conceptual IssuesWe can see from the above definitions that gender is not an isolatedconcept. It is a concept that sees men and women not in isolation,but by reference to their roles in society as determined or perceivedby the particular society or group. This is seen for example in theway boys and girls are brought up and nurtured to assume specificroles within the family, community and society. Gendered valuesand beliefs determine various choices and relationships. This indeedis the overarching attribute which defines rights and relations in thevarious contexts. Another point to note is that "gender" is not static.It changes over time and from one generation to another. Thesechanges have far reaching implications in the determination of thefairness or otherwise of general or neutral provisions applicable toall regardless of gender.

It is important to bear these variables in mind in any discussion ongender because they are some of the factors that influence thinkingpatterns and perception of gender issues whether in the classroom,at home, in the market place, village square, town centres, or in theworkplace.70 Indeed, cultural, traditional, religious, political,economic and social considerations seem to be universal factors thatinfluence gender concepts worldwide.71Risman argues that we needto conceptualise gender as a social structure to better appreciate

70 See The World Justice Project (WJP), Rule of Law Index makes reference to this. TheRule of Law Index, World Justice Forum July 2 - 5, 2008, Vienna, Austria pages 7 -8.

71 Ayodele Atsenuwa, Engaging Custom and Customary Law Towards A New FeministLegal Agenda in Nigeria, 2009. Gender and Law Series, Legal Research andResource Development Centre

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how it is woven into the "individual, interactional and institutionaldimensions of our society. 72Whilst recognizing the constraintsinherent in the use of the word "structure"73, she nevertheless arguesthat constraint though--- an important function of structure, could beminimised to show that "Not only are women and men coerced intodifferential social roles; they often choose their gendered paths",74deliberately, after weighing their options and thereafter pitchingtheir tents with those in structurally similar position. That is perhapswhy even some of those who advocate gender equality still feelconstraint to maintain the status quo in their "normal everyday lives.Risman traces various gender theories and definitions that try toexplain why we behave the way we do:

With this theory of gender as a social structure, Ioffer a conceptual framework, a scheme to organisethe confusing, almost limitless, ways in whichgender has come to be defined in contemporarysocial science. Four distinct social scientifictheoretical traditions have developed to explaingender. The first tradition focuses on howindividual sex differences originate, whetherbiological (Udry 2000) or social in origin (Bem1993). The second tradition, perhaps portrayed bestin Epstein's (1998) Deceptive Distinctions, emergedas a reaction to the first and focuses on how thesocial structure (as opposed to biology or individuallearning) creates gendered behavior. The thirdtradition, also a reaction to the individualist thinkingof the first, emphasizes social interaction andaccountability to others' expectations, with a focuson how "doing gender" creates and reproducesinequality (West and Zimmerman 1987). The sex -difference literature, the doing gender interactionalanalyses, and structural perspectives have been

72 Barbara J. Risman, GENDER AS A SOCIAL STRUCTURE: Theory Wrestling withActivism, Gender & Society vol. 8 No 4 August 2004, sourced fromhttp://www.socwashin tonedu/usersbrines/lismanpdf accessed 14 June, 2012

73 Risman at p. 431, cites the works of Peter Blau, Inequality and Heterogeneity (1977),New York: Free Press; Steve Rytina, Peter Blau, Jenny Blum, and Joseph Swchartz(1988) Inequality and Intermarriage: Paradox of Motive and Constraint. Social Forces66:645-75

74 P.431

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portrayed as incompatible in my own early writingsas well as in that of others.... All structural theoriesmust make assumptions about individuals, and theindividualistic theories must make assumptionsabout external social control. While we do gender inevery social interaction, it seems naive to ignore thegendered selves and cognitive schemas that childrendevelop as they become cultural natives in apatriarchal world.... The more recent integrativeapproaches... treat gender as a socially constructedstratification system.

Risman, in agreement with Lorber75, adopts the integrativeapproach, (the fourth tradition) which sees "gender as an institutionthat is embedded in all the social processes of everyday life andsocial organisations."

Tony Lawson76 also believes that the problem lies in the standarddefinition of gender as 'the social meaning giving to biologicaldifferences between the sexes'. He points out that, "a problem withthis sort of formulation is that it allows of variousinterpretations...whilst a satisfactory elaboration has provenelusive."77 As a way out, Lawson suggests that we should apply"social ontology" which is the metaphysical study or theory of thebasic nature and structure of social being.78 If we take a ride into theworld of metaphysics in search of acceptable meaning of gender,Lawson assures us that we are likely to see more than what ourphysical senses tell us. Lawson's approach reminds me of what J.William Fulbright said:

There is an inevitable divergence, attributable to theimperfections of the human mind, between theworld as it is and the world as men perceive it. Aslong as our perceptions are reasonably close toobjective reality, it is possible for us to act upon ourproblems in a rational and appropriate manner. But

75 Judith Lober, Paradoxes of Gender, New haven CT. Yale University Press76 Tony Lawson, Gender and Social Change sourced from www.

Econ.cam.ac.uk/Gender%20%and%20 Social %20 Change pdf.7 ibid7 At p. 141

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when our perceptions fail to keep pace with events,when we refuse to believe something because itdispleases or frightens us, or is simply startling,then the gap between fact and perception becomes achasm, and action becomes irrelevant andirrational....

We need to take a hard look at our perceptions of what gendermeans. We need to do so with an open mind. It is only then, that wecan begin to see the need to close the gap between fact and reality.That is what Fulbright and Lawson demand of us. As we thinkgender, let us do so with this new reality, they urge us. I could notagree more.

This is also what Atsenuwa sought to bring to our attention whenshe referred to what Anne Scales said:80

We must look for that which we have not beentrained to see. We must identify the invisible andtake responsibility for the violence built into thegenderised world.

We can see from the foregoing that there are various theoreticalunderpinnings which if carefully studied and appreciated may leadto a better understanding of the complex and pervasive influence ofgender in society. Before we go on to take a brief look at socialchange, it is necessary to summarise our thoughts on the meaning ofgender. We agree with the definition that it is the socially-constructed roles and responsibilities of women and men. This alsoincludes the expectations held about the characteristics, aptitudesand likely behaviours of both women and men. It is generallyaccepted that women's subordination is socially constructed andtherefore able to change.81

79 Excerpt from J. William Fulbright, Old Myths and New Realities. New York:Random House, 1964

s Ayo Atsenuwa, Constitutionalism and Legal Feminism: Stepping Stones orImpediments on the Long Road to Freedom for Nigerian Women? 2011, NigerianInstitute of Advanced Legal Studies

s1 Aderonke Karunwi, The Role of NGOs in Gender Awareness in Solomon 0.Akinboye (ed). Paradox of Gender Equality in Nigerian Politics: Essays in honour ofDr.(Mrs) Veronica Adeleke, Concept Publications, 2004, 190

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4. Social ChangeLike gender, social change is a complex and multi-facetedphenomenon. It has been described as "a process of dialogue,debate and action resulting in major shifts in social norms, andgenerally characterised by the highlighting and legitimation ofdiscordant voices, particularly of those marginalised in society andleading to improvements in their rights, entitlements and livingconditions." 82There is no doubt that we have seen a lot of thesedialogues, perhaps some shifts in social norms and a lot ofdiscordant voices in the debates and actions in the demand for acentral place to be accorded to gender issues in the various facets ofour society.

In his opening address at the regional conference on AfricanWomen and the New Partnership for Africa's Development

83(NEPAD), President Olusegun Obasanjo (as he then was), made itclear that "development is not a walk on the beach. It has neverbeen". He reminded us that "social, political and economictransformation of any society is usually a product of hard work,tough decisions and the willingness to go the extra mile on all sidesof the divide."84 One would tend to agree with Obasanjo that "sincethe UN's Fourth World Conference on Women in Beijing in 1995,the world now displays a better understanding of the need to freewomen and to make them equal participants in development." Butjust how far has this better understanding translated to improvedlives for Nigerian women in particular? How far has it translated tobetter participation in decision making process where fundamentalpolicies affecting women are crafted?85This is the essence of genderand social change. I wish to use just two parameters.

82 Peter Taylor, Andrew Deak, Jethro Pettit and Isabel Vogel, (eds.) Learning for SocialChange: Exploring Concepts, Methods and Practice sourced fromwww.impactalliance.org accessed 16/6/12

83 A Report of the Regional Conference on African Women and the New Partnershipfor Africa's Development (NEPAD) Ayodele Aderinwale (ed.), African LeadershipForum, (2002), 32

84 Ibid at p.3885 See e.g. Ayo Atsenuwa, Constitutionalism and Feminism: Stepping Stones or

Impediments on the Long Road to Freedom for Nigerian Women? 2011 JadesolaAkande memorial lecture series, Nigerian Institute of Advanced Legal Studies ;Ayodele Atsenuwa, Gender & Law: Engaging Custom and Customary Law Towardsa New Feminist Legal Agenda in Nigeria, Legal Research and Resource DevelopmentCentre, 2009; Chioma Kanu Agomo, The Working Woman in a Changing World ofWork, 2004 Inaugural Lecture Series, University of Lagos Press; Eunice Uzodike,Trends of Human Rights Campaign in Family Law, University of Lagos, Nigeria,

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5. Gender and EmploymentFacts show that the proportion of women working outside the homehas increased tremendously over the last two decades or so. Womennow make up about 42 % of the estimated global labour force. Thistrend has implications. It raises issues of rights, and ofresponsibilities of stakeholders. But it is somewhat difficult to talkabout these rights realistically, knowing that the majority of womenare engaged outside the organised sectors where the concept of rightmeans little or nothing to those engaged in the daily struggle ofearning a living.

A good starting point for the discussion on gender rights can befound in the annex to the ILO Constitution, the Declaration ofPhiladelphia, 1944, which provides among others that: All humanbeings, irrespective of race, creed or sex, have the right to pursueboth their material well being and their spiritual development inconditions of freedom and dignity, of economic security and equalopportunity.

This is summed up in the concept of "Decent Work". This is theright of every worker male and female to obtain decent andproductive work, in conditions of freedom, equality, security andhuman dignity".

The basic question is: can it really be said that women enjoy thesame level of decent work as men? Let us do some reality check.Section 17 subsection (3) paragraph (a) - (e) of the Constitution ofthe Federal Republic of Nigeria, 1999 provide that it is the duty ofthe State to direct its policy towards ensuring that (a) all citizens,without discrimination on any ground whatsoever, have theopportunity for securing adequate means of livelihood as well asadequate opportunity to secure suitable employment.

Inaugural Lecture Series 2011; 2011-2012 Report on the Progress of the World'sWomen, In Pursuit of Justice. UN WOMEN; CEDAW and Accountability to GenderEquality in Nigeria: A Shadow Report, April 2008; The Nigerian CEDAW NGOShadow Report submitted to the 41st Session of the United Nations Committee on theElimination of All Forms of Discrimination Against Women, June 30 - July 18 2008(for consideration by the CEDAW Committee in its review of the Government ofNigeria's 6h Periodic Country Report (2004-2008) on the implementation ofCEDAW in Nigeria; Close Up the Gaps: A Position Paper on Gender andConstitution Reform in Nigeria by Gender & Constitution Reform Network(GERCORN)

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Section 42 (1) of the same Constitution provides that a citizen ofNigeria must not be subjected to discrimination on grounds ofethnicity, place of origin, sex, religion or political opinion.

Article 1 of ILO Convention 111 (Discrimination in respect ofEmployment and Occupation) 1958, defines discrimination toinclude "any distinction, exclusion or preference made on the basisof race, colour, sex, religion, political opinion, national extraction orsocial origin, which has the effect of nullifying or impairingequality of opportunity or treatment in employment or occupation.Nigeria ratified this Convention on 02 October 2002.

Article 1 of the Convention on the Elimination of all Forms ofDiscrimination against Women (CEDAW) 1979, defines"discrimination against women" for the purposes of the Conventionto mean "any distinction, exclusion or restriction made on the basisof sex which has the effect or purpose of nullifying the recognition,enjoyment or exercise by women, irrespective of their maritalstatus, on a basis of equality of men and women, of human rightsand fundamental freedoms in the political, economic, social,cultural, civil or any other field"

Article 11 expressly provides that "States Parties shall take allappropriate measures to eliminate discrimination against women inthe field of employment in order to secure, on a basis of equality ofmen and women, the same rights, in particular: (a) the right to workas an inalienable right of all human beings; (b), the right to the sameemployment opportunities, including the application of the samecriteria for selection in matters of employment."

Nigeria signed the Convention on 23 April 2004, and submitted theinstrument of ratification on 13 June 1985. But she is yet todomesticate it, twenty eight years after ratification!

6. RealityIn practice, there is unequal playing field between men and women.Women do not face the same selection process as men, for examplein selection for jobs in banks. There are restrictions on unmarriedwomen as to when to marry if employed. Married women also facerestrictions on when to get pregnant. Men do not have such

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restrictions. They are denied their basic right because of their sex.Pregnant women, who interview successively for suitable jobs, aresometimes either denied outright employment or told to wait untilafter delivery. It happens in both the public and private sectors ofthe labour force. There are still discriminatory practices beforeemployment and in the course of employment.

Regulation No. 6 of the Public Service Rules, Corrected Version2008, which is applicable to Married Foreign Service Officersprovide that "Female officers shall enjoy children's benefits whenthey are divorced and have custody of the children or whenwidowed". There is no corresponding restriction on a male officer.

7. Comments of ILO Committee of ExpertsIn a selection of comments made by the Committee of Experts onthe Application of Conventions and Recommendations (CEACR)concerning Nigeria, the Committee noted, in its individual DirectRequest concerning Discrimination (employment and Occupation)Convention, 1958 (No.111) Nigeria (Ratification: 2002) submitted2008, that it had not yet received the Government's report. It notedin paragraph one of the comment, "that a Labour Standards Bill hasbeen prepared which, according to the Government, includesprovisions on equality of opportunity and treatment. The Committeetrusts that the new labour legislation will be in accordance with theConvention, prohibiting discrimination on all grounds listed inArticle (1)(a) and in respect of all aspects of employment, includingrecruitment... It also requests the Government to continue toprovide information on the status of the Bill concerning theConvention on the Elimination of all Forms of Discriminationagainst Women ("CEDAW Bill") currently before the NationalAssembly, as well as the legislative amendment proposed by theFederal Character Commission concerning the achievement ofgender equality in all government appointments".

Apart from the Conventions mentioned above, and other UnitedNations instruments such as the Universal Declaration of HumanRights and the two Covenants on Civil and Political Rights, andEconomic, Social, and Cultural Rights respectively, and the AfricanCharter on Human and Peoples Rights, Nigeria has ratified a total of38 ILO conventions (34 in force), including C.100 EqualRemuneration Convention, 1951 (No.100), C.155 Occupational

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Safety and Health Convention, 1981, (No.155) and C.182 WorstForms of Child Labour Convention, 1999 (No.182). She is yet toratify C. 183. Maternity Convention 2000 (No.183), which takescognisance of changing face of employment and the attendant needsof women workers. She has also not ratified C. 156 Workers withFamily Responsibilities 1981 (No.156).

It seems clear that women as workers face more and new challengestoday, in addition to long-standing discriminatory practices. Theyface restrictions on access to employment; they are paid unequallyfor work of equal value due to discriminatory policies. They facesexual harassment and oppressive work environment. They riskexposure to work-related reproductive and maternal health relatedhazards.

8. Gender, the Constitution and Federal CharacterSection 14 (1) of the Constitution of the Federal Republic of Nigeria1999 states that the Federal Republic of Nigeria shall be based ondemocracy and social justice. According to section 14(3)

The composition of the Government of theFederation or any of its agencies and the conduct ofits affairs shall be carried out in such a manner as toreflect the federal character of Nigeria and the needto promote national unity, and also to commandnational loyalty, thereby ensuring that the thereshall be no predominance of persons from fewStates or from a few ethnic or other sectional groupsin that Government or in any of its agencies

Why was there no mention of the need to redress gender imbalanceat all levels and in all sectors of the Nigerian society as envisagedby the Federal Character Principle? The answer is not farfetched.Atsenuwa puts it succinctly in these words:

To the extent that constitutional rests on what theConstitution states, it is understandable that thereshould be a lot of interest in ascertaining theinclusivity of any process that lead to the making ofthe constitution. This is necessary because it helpsto determine the balance of opportunities made

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available to the various interests (which often timesare conflicting) in society to negotiate the finaloutcome. ...

Ensuring women's participation in the process ofconstitution making does not only assure thatwomen's voices are heard and women's needs arenegotiated towards inclusion in the constitution, itmeans also that should constitutionalists identify aneed to recourse to constitutional history in order topropound the intention of the constitution's framers,these "other" voices and these "other" interests willbe documented as part of history. In other words,constitutional history will be as much her story as itis his-story8 6

The various Constitutions of Nigeria -from theIndependence Constitution of 1963 to the currentone, the 1999 Constitution -have been "his - story"and not "her story." What therefore appears on thesurface to be gender neutral87 is biased againstwomen.88 They have never been given equalopportunity to play tangible roles in any of theconstitutional making debates89 that determine the

86 Ayo Atsenuwa, Constitutionalism and Feminism: Stepping Stones or Impediments onthe Long Road to Freedom for Nigerian Women? (Jadesola Akande MemorialLectures Series, Nigerian Institute of Advanced Legal Studies, 2011) 25, 29

87 Section 17, (among others), provides that the State Social Order is founded on idealsof Freedom, equality and Justice. Every citizen shall have equality of rights,obligations and opportunities before the law. Sanctity of the human person shall berecognised and human dignity shall be maintained and enhanced. Chapter IV onfundamental rights, enshrines right to life (s.33), right to dignity of the human person(s. 34), and right to freedom from discrimination among others (s.42), but the realityis at variance with the law.

88 Ayodele Atsenuwa, Gender & Law: Engaging Custom and Customary Law TowardsA New Feminist Legal Agenda In Nigeria, (Legal Research and ResourceDevelopment Centre 2009); Section 29 of the Constitution which provides forrenunciation of citizenship from the age of majority, states that "any woman who ismarried shall be deemed to be of full age. Without any functional affirmative actionmaking the age of 18 the minimum age for marriage, section 29, connotes that a childbride regardless of the age is deemed to be of full age

89 In the Memorandum submitted to the Senate Committee on the Independent NationalElectoral Commission (INEC) by Citizen's Forum for Constitutional Reforms(CFCR), compiled by Ikubaje John, with the support of Jide Ojo, Sam Egwu, andOlola Bamidele, July, 2005, it was pointed out on page 3, that "although committeesand commissions have always been established, unpopular governments usually

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majority of the laws and policies affecting theirlives. There is an obvious gap between what theConstitution provides and what the reality is.

The mandate of the Federal Character Commission "to ensure astrong, virile and indivisible Nation, based on fairness, equity andjustice;"90 through equitable sharing of posts in the public servicewithout sacrificing merit specifically mentions women only once.The Commission's only provision affecting women directly isdiscriminatory. It provides that a married woman can only claim toher State of origin for the purpose of implementation of the federalcharacter principle at the national level.91Why should a marriedwoman be made subject to restrictions which a married man is notmade subject to?

9. Some Legislative and Policy Measures on GenderGovernment is often confronted at the international level to showevidence of gender specific laws and actions in compliance with herinternational and regional commitments. Of course, governmentusually rises to such occasions with a retinue of officials andadvisers. Below are some of the instruments listed in the latestreport, Nigeria's 4 th Periodic Country Report:- 2008-2010 on theimplementation of the African Charter on Human and Peoples'Rights in Nigeria. Some instruments were passed by States and notthe Federal Government.

The Following instruments are gender related legislation andpolicies: Trafficking in Persons (Prohibition)Law andAdministration Acts, 2003 as amended(2005); National HumanRights Commission (Amendment) Act, 2011; Universal Basic(UBE) Act, 2003; National Health Policy 2004; National GenderPolicy on Education, 2008; National Gender Policy, 2007; NationalPolicy on the Elimination of Female Genital Mutilation, 2002;

handpicked the members of these bodies, with their mandates defined in such a waythat precludes the consultation, mobilization and education of critical constituencies,whilst nation-wide dialogues and debates were never on the agenda" (quoting JuliusIhonvbere, "Constitutionalism in Africa: Issues, Challenges and Opportunities"; Paperpresented at CDHR Conference on Constitutionalism and State Reconstruction inWest Africa 2000). Women constitute a visible part of this disadvantaged criticalmass.

90 Stated Vision of the Federal Character Commission, see The Presidency, FederalCharacter Commission Handbook, ii

91 Ibid, at p.17

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National Policy on HIV/AIDS, 2003, National Policy on Poverty92Eradication, 2001. There are also gender specific State laws.

These include the Malpractices Against Widows and Widowers93

(Prohibition) Law 2005, Law to Prohibit Domestic Violenceagainst Women and Maltreatment;94 Inhuman Treatment ofWidows(Prohibition) Law, 2004,95 Law Prohibiting DomesticViolence in Lagos State and Ekiti State, 2007; 96 Laws ProhibitingWithdrawal of the Girl Child from School for Marriage;97 andWomen's Reproductive Rights Law, 2005.98

These laws and policies together with others too numerous to beaccommodated here, do show as the Attorney General of theFederation and Minister of Justice put it in his preface to the 2008-2010 Report, that the: "Federal Republic of Nigeria is committed tothe progressive realisation of the basic rights and freedoms ofindividuals and groups as well as their duties enshrined in theAfrican Charter on Human and People' Rights through legislativepolicy" among other measures.

It is one thing to pass laws or make policies; it is another toimplement them. The evidence of the impact of these numerousinstruments on the lives of women is not immediately visible. Someof the measurable yardsticks, such representation in decisionmaking organs, and access to justice are glaringly absent. If womenare to be equal partners in the developmental process, theirperceptions on what justice means must be respected. Their voicesmust be heard even as they try to access justice.99 "Historicalanalysis of constitutions and electoral laws and processes in Nigeriaare incontrovertibly gender insensitive. The 1999 PresidentialCommittee which was asked to do a comprehensive constitutionaland electoral review had twenty four members out of which fourwere women. The Committee recommended that the FederalCharacter Commission be replaced with Equal Opportunities

92 See Nigeria's 4 th Periodic Country Report:- 2008-2010 (August 2011)15,16,2793 Enacted by Enugu, Imo, Ebonyi and Anambra States.94 Law No 10 of 2004 by Cross River State Government95 Edo State96 Passed by the State House of Assembly but not signed into law (see the Nigeria

CEDAW NGO Coalition Shadow Report, p 697 Kano, Niger, Gombe, Bauchi, and Borno States98 Anambra State99 What does justice mean for women? 2011-2012 Progress of the World's women

Report. P.10

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Commission. This was not accepted. It also recommended thatmarried women be allowed to choose which state to represent in anypolitical appointment, In other words, the Committee recommendedthat the Federal Character provision on married women be repealed.This was not done.100 The 2007 Uwais Committee's gender friendlyreport on electoral reforms finally found its way to the NationalAssembly and was subsequently passed as the Electoral Reform Act2010. None of the gender sensitive recommendations found theirway into the law. 101

10. ConclusionWhat then can we say by way of conclusion? The score card ongender and social change is a mixed one. Despite what may seemlike a negative score card, good progress has in my opinion, beenmade in the march towards integration of gender issues to nationaldiscourse. The evidence for me is the increasing visibility of civilsociety groups and their readiness to engage, and when necessary,challenge official or entrenched positions. It was not so a decadeago. The road to "freedom is" still far and rough. But the fact thatwe are discussing in an atmosphere of freedom is itself evidence ofsocial change. It is a process. What is needed is a concerted effort topush for the practical implementation of those laws and policieswhich are meant to achieve gender equality. This is the task for menand women. Where do you stand? Look inwards and score yourself.

100 Abiola Akiyode -Afolabi, Nigeria's Electoral Reform and the Prospect for WomenParticipation in the 2011 Elections. Accessed from wwwboellnigeria~org/web/112-223.html visited 1/11/2012

101 Supra