Human Rights in Nigeria
Summary Minutesά – of 05.09.2002 – Provisional Version
Human Rights: Nigeria: The case of Mrs. Amina Lawal
P5_TA-PROV(2002)0411
Resolution of the European Parliament regarding Nigeria
The European Parliament,
-having regard to its previous resolutions of 15 February 2001(1), 15 November 2001(2) and 11 April 2002 (3) on the human rights situation in Nigeria,
– having regard to the statement by the Council of the EU of 21 August 2002 regarding the death sentence by stoning of Mrs. Amina Lawal, which expects that Mrs. Amina Lawal will have every opportunity to appeal at the federal level,
– having regard to the statement by the Council of the EU of 27 March 2002, in which the Council welcomes the acquittal of Safiya Hussaini by the Islamic appellate court of Sokoto,
– having regard to the resolution adopted by the ACP-EU Joint Parliamentary Assembly on 21 March 2001 regarding the situation in West Africa, with particular reference to the paragraphs concerning Nigeria,
– having regard to its resolution of 7 February 2002(4) regarding the rights, priorities, and recommendations of the EU for the 58th session of the United Nations Human Rights Committee,
– having regard to the international human rights agreements ratified by Nigeria, particularly the International Covenant on Civil and Political Rights, the Convention on the Elimination of All Forms of Discrimination Against Women, and the African Charter on Human and Peoples’ Rights,
– having regard to the Constitution of Nigeria as amended in 1999,
A. deeply shocked by the affirmation on 19 August by the Islamic appellate court of Funtua, in Katsina State, of the death sentence by stoning of Mrs. Amina Lawal ‘for adultery’,
B. having regard to the fact that the Sharia High Court of New Gawu in Niger State on 26 August 2002 sentenced two young lovers, Ahmadu Ibrahim and Fatima Usman, to death by stoning for adultery,
C. having regard to the fact that for the past month, new death sentences by stoning have been handed down under Sharia law, in force in 12 states in the northern part of Nigeria,
D. seriously concerned about the provisions enacted by the states applying Sharia, which force women to stay at home at night, introduce gender-based discrimination in transportation, and exclude women from equality of rights in the area of inheritance,
E. having regard to the fact that the states of Upper Niger, Jigawa, Sokoto, and Katsina are among the twelve northern states of the country with Muslim majorities that introduced strict Islamic Sharia law since 2000, leading to a deterioration of conditions for civil liberties and respect for human rights,
F. having regard to the fact that the current legal interpretations of the Sharia criminal codes by some Islamic courts in Nigeria include the application of the death penalty, which violates international human rights agreements ratified by Nigeria, including the Convention on the Elimination of All Forms of Discrimination Against Women, the Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, and the International Covenant on Civil and Political Rights,
G. having regard to the fact that this interpretation of Sharia has irreversible consequences on people’s lives, but that it is not the only one in force,
H. having regard to the fact that Nigeria’s Minister of Justice, Agabi, stated in the 12 northern states of Nigeria that apply Sharia law, that a Muslim should not be subject to a penalty harsher than that imposed on other Nigerians for the same offense, and that any court imposing a biased sentence deliberately insults the Constitution [Section 42(1a) which guarantees sexual, religious, ethnic, and political freedoms],
I. having regard to the fact that the Nigerian government has expressed the view that Sharia law is unjust to women and described the death sentences for adultery as a violation of human rights, particularly stating that the verdict of the Islamic court condemning Amina Lawal clearly shows that Sharia law is rife with prejudices against women and punishes them unfairly for an act in which two people are involved,
J. having regard to the fact that the decisions issued by Islamic courts in some states of northern Nigeria undermine civil liberties, tarnish human rights, and obstruct efforts for the reconciliation of different ethnic and religious groups,
K. having regard to the fact that in 2003 presidential elections will be held, in which the implementation of Sharia law could become an electoral issue, as Islamic parties are urging General Ibrahim Babangida, the former military ruler, to stand as a candidate,
L. having regard to the fact that some governors in northern Nigeria, with their decision on 29 February 2001 to suspend Sharia law in certain states that had already implemented it, attempted to put an end to the use of Sharia law, which led to severe retaliatory attacks and violence,
1. condemns the decision issued by the Islamic court of Bakori in Katsina State and that of the appellate court upholding the death sentence by stoning of Amina Lawal, who was found guilty of having a child after her divorce;
2. expresses its categorical opposition to the death penalty in all circumstances, as it represents the ultimate violation of the right to life guaranteed by international law;
3. expresses deep concern over the implementation of the new criminal codes based on Sharia since January 2000 in certain northern states of Nigeria;
4. urges the governors of Katsina, Upper Niger, and Jigawa states to follow the example of Sokoto by showing clemency and overturning the death sentences imposed;
5. considers punishments such as stoning, flogging, or amputations to be cruel, inhuman, and degrading treatment within the meaning of international human rights standards;
6. condemns all forms of religious intolerance, expresses concern that the fundamentalist interpretation and application of Sharia in certain states of Nigeria is contrary to the respect for human rights, and calls on the federal government of Nigeria to ensure strict compliance with the Constitution and the rule of law;
7. supports the efforts of the federal government of Nigeria to ensure that the courts and all 36 states fully comply with and operate in accordance with the declaration of rights in Nigeria’s Constitution itself and with international human rights law;
8. encourages the efforts of the National Human Rights Commission appointed by the government to investigate past human rights violations and to promote respect for human rights;
9. welcomes the efforts of the federal government to ensure that all those who appeal judicial decisions receive legal assistance and urges the Nigerian federal authorities to guarantee the constitutional right of appeal for all those convicted under the Sharia criminal codes, ensuring that they can appeal to higher courts not only at the state level but also at the federal level;
10. urges the European Union and international organizations to coordinate and provide full technical and legal assistance to Amina Lawal and other victims, and to ensure that the young couple detained in prison can receive legal counsel and accept visits;
11. reminds of its call for victims of persecution by fundamentalists to be considered eligible for asylum, particularly if they have been sentenced to death by stoning;
12. mandates its President to forward this resolution to the European Council, the Commission, the governments and parliaments of the EU Member States and candidate countries, the Co-Presidents of the ACP-EU Joint Parliamentary Assembly, the Secretaries-General of the United Nations, the African Union, the Commonwealth, the OECD, the Inter-Parliamentary Union, and the Organization of Islamic Cooperation, the Presidents of the United Nations General Assembly, the United Nations Security Council, and the United Nations Economic and Social Council, the European Investment Bank, the African Development Bank, the World Bank, the International Monetary Fund, and the President, Government, Parliament, and 36 Governors of the states of Nigeria.
(1) ΕΕ C 276 of 1.10.2001, p. 284.
(2) ΕΕ C 140 Ε of 13.6.2002, p. 583.
(3) P5_TA(2002)0188.
(4) P5_TA(2002)0057.