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SRI ALERT:
Survivors' Rights International is concerned about the rapid extension of the
implementation of Sharia in Northern Nigeria over the last three years absent a
secular federal constitutional resolution.
Overview: The introduction of Sharia (Islamic) penal law in the northern regions of Nigeria has increased, unchecked by the Nigerian Government, which by its 1999 federal constitution, is a secular democratic state which forbids the establishment of a state religion. However, Sharia is permitted under the constitution civil law concerning family and inheritance law. Under Sharia, citizens may be subjected to death by stoning, flogging, amputation, and beheading. The effects of Sharia are far reaching, but women are typically the most severely effected. Punishments that are carried out under Sharia in Nigeria are considered cruel, inhuman, and degrading by the standards set in international human rights law. In June of 2001, the Federal Republic ratified the Convention Against Torture, thus binding Nigeria to halt such punishments. Nigerian Sharia also violates the Universal Declaration of Human Rights and the International Convenant on Civil and Political Rights. The failure of the Nigerian government to oppose and stop the implementation of Sharia threatens the legality of Nigeria and its sovereignty. Nigeria reverted back to civilian rule in 1999, following the end of the military dictatorship. Olusengun Obesanjo, a Christian from the south, was elected president and Nigeria re-implemented their 1976 democratic constitution that had originally been introduced with the help of Obesanjo. Sharia was first introduced to Northern Nigeria in the state of Zamfara, though it has now spread to include eleven others. The rise of Sharia in 1999 is attributed to Obesanjo's election victory, as Muslims had grown accustomed to Muslim-military leaders. When Sharia was introduced in the northern city of Kaduna, more than 400 people were killed in religious riots. As a recent article in The Economist in September 2002 points out, Sharia does have its benefits in light of the crumbling status of Nigeria's judicial system. Nigeria inherited English common law, which involves expensive lawyers, extensive paperwork, and circuitous procedures. Justice is slow, if it comes at all, and the court and police are highly susceptible to bribes and corruption. In contrast, Sharia courts offer fast rulings, often on the same day that the case is brought forward. Though Sharia may settle a greater number of cases in a shorter amount of time, the results are much more harsh and inhumane. There exists huge cleavages between sentences carried out under Sharia and those carried out by the Federal criminal courts: offences that are not punishable by death under Federal law are punishable by death under Sharia. Sharia courts lack in granting representation and the right to appeal. Sharia judges are not typically trained in criminal law and women, who are most severely effected by Sharia, are denied participation in the Sharia process. Supporters of Sharia contend that crime has decreased as a result of Sharia, as the fear of punishment promotes lawfulness. On the other side, these religious laws are unjust and place Christians and other non-Muslims as intimidated second-class citizens. Sharia also subjects Muslims to its harsh conditions, regardless of their desire to be tried by a constitutionally based court. Sharia denies basic civil liberties that the Nigerian constitution is supposed to protect. In the last month, September 2002, several Sharia cases have recently been made public in Nigeria. The cases are predominant in Northern Nigeria and have largely been directed against women. One woman, Amina Lawal, was sentenced to death by stoning last month for impregnation out of marriage. Ms. Lawal's lover failed on his promise to marry her and he was acquitted of any wrongdoing. She is still scheduled to die after her child is weaned; though her case is currently in the appeals process. One woman who claimed to have been raped received a sentence of 100 lashings for fornication charges (BBC: "Analysis: Nigeria's Sharia Split") and a man was recently sentenced to death by stoning for sodomy of a young boy. The increase in Sharia cases indicates that Sharia use is not diminishing and thus leaving the door open for even greater human rights abuses to go unchecked by the federal government. It is important to note that Sharia cases are not restricted to Nigeria: Sudan (among others) is also implementing Sharia regardless of religious affiliations. Sudan's extensive civil war is arguably attributed to the implementation of Sharia by the Islamic government of Khartoum, as it incited protest by the predominately Christian and animist South. Sharia takes a number of forms in the countries that have instituted its practice. Severe forms prevailed in Afghanistan under the Taliban and currently in Saudi Arabia, and Nigeria appears to be heading in this direction. President Olusengun Obesanjo has failed to take a firm stand against the unconstitutional implementation of Sharia in the northern states for criminal cases. Mr. Obesanjo appears reluctant to upset any of the powerful northern generals, however, if he fails to hold the northern states accountable for their gross constitutional violations, the violence and mass human rights abuses will persist. As Sharia is a direct violation of Nigeria's constitution, its continued use will only further de-legitimize the Nigerian government and threaten the very existence of the state. Nigerian elections are set for the beginning of 2003. There are growing concerns as to whether or not Nigeria will be able to maintain civilian rule or if there will be a return to military rule; due especially to the increasing use of Sharia and the civil unrest that it breeds. Mr. Obesanjo, in preparing for the elections, may not wish to risk the votes of the northern states by openly condemning Sharia. The introduction of Sharia in Nigeria has ignited the emergence of militant political groups, which are largely extremist Muslim-based. Extremist forms of Islam have started to take root in Nigeria, thus threatening Nigeria's stability. Since September 11, 2001, there has been growing anti-American sentiment and radicalization of Islam that some have compared with that instituted by the Taliban in Afghanistan.
The law, order, and civil liberties entrusted to the Nigerian people in their
federal constitution and international law must be restored by halting the use of
Sharia in criminal law. Nigeria needs to return to a secular rule of law in
which all citizens are granted equal rights, regardless of religion or gender. If
the proliferation of Sharia continues, the consequences will be grave, including
a lack of the right to life, right to a fair trial, as well as women's and
religious rights. Sharia is in violation of the Republic of Nigeria's Federal
Constitution and of international law and threatens to de-stabilize Nigeria
further.
Links:
The Economist "Islamic Law in Nigeria: The Attractions of Sharia" September 7,
2002
Human Rights Watch has published several releases and reports, especially in the
last month:
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