United Nations

CRPD/C/NGA/1

Convention on the Rights of Persons with Disabilities

Distr.: General

24 June 2024

Original: English

Arabic, English, French and Spanish only

Committee on the Rights of Persons with Disabilities

Initial report submitted by Nigeria under article 35 of the Convention, due in 2012 *

[Date received: 26 March 2021]

Part one

I.General introduction

1.Nigeria ratified both the Convention on the Rights of Persons with Disabilities (CPRD) and its Optional Protocol on 24 September 2010. Nigeria is also a party to key regional and U.N human rights treaties that promote and protect human rights including the rights of persons with disabilities. While some states in the Federation have enacted laws on disabilities between 2010 and 2018, the federal government domesticated the Convention through the Discrimination Against Persons with Disabilities (Prohibition) Act in January 2019.

2.It is important to stress however, that the Constitution of Nigeria as well as other laws, policies and programmes of government address the rights of persons with disabilities. Huge human and financial resources have always been devoted to address non-discrimination and to enhance the quality of life of people with disabilities.

3.This report by the federal government of Nigeria is presented to the Committee on the Rights of Persons with Disabilities (the Committee) in accordance with Article 35 of the United Nations Convention on the Rights of Persons with Disabilities (the Convention). The report provides an overview of the major progress Nigeria has made in respect of improving the situation of persons with disabilities (PWDs) and the constitutional, legislative, administrative and other measures the country has taken to fulfil its obligations under the Convention and the implementation of the rights recognized therein. The report also highlights the challenges and constraints Nigeria faces in giving effect to the provisions of the Convention and the strategies in place to address these challenges.

4.This initial report was prepared in line with the guidelines of the Committee and with the involvement of government at the federal and state levels as well as the civil society, in particular those working on disability matters.

5.To ensure equal opportunities for persons with disabilities and effective inclusion in the society, the issues relating to persons with disabilities are accorded prime of place in policies and programmes formulation and implementation in the country. The main approach in this regard is the transition from the social protection model into the model of social inclusion and a rights-based development method.

6.As at present, there is no accurate statistical information on the number of persons living with disabilities in Nigeria. The 2011 National Baseline Survey on PWDs put the national prevalence rate at 3.2%. The current approximate number of persons with disabilities in Nigeria is put at 28 million.

7.According to the national baseline study on PWDs, the most common disabilities suffered in Nigeria were found to be physical handicap, including that caused by leprosy (27.09%), deafness/hearing disability (23.76%), mental illness (13.44%), visual impairment/blindness (12.22%), autism (3.02%), intellectual disability (7.2%), defect speech (6.41%), cerebral palsy (3.68%), and unspecified categories referred to as others (3.11%).

II.Common Core Document

Land and people

8.Nigeria is located in West Africa. It consists of thirty-six sub-national governments (states) and a Federal Capital Territory (FCT). There are 774 local government areas known as the third tier of government to ensure grassroots development. Nigeria’s population in 2018 is estimated at 197,885,462 million people. The country has an approximately total land area of 923,768sqkm. In combination with the nearly 200 million person population, the population density of Nigeria is around 212.04 individuals per sq km.

9.Nigeria is the largest populated country in Africa and the 7th largest populated country in the world. Approximately 50% of Nigerians are urban dwellers with the rate of urbanization estimated at 4.3%. It is home to over 250 languages and the variety of customs and traditions give the country great and rich cultural diversity.

Population projections

10.According to the United Nations, the population of Nigeria will reach 411 million by 2050. Nigeria might then be the third most populous country in the world after China and India. While the overall population is expected to increase, the growth rate is estimated to decrease from 1.2% per year in 2010 to 0.4% per year in 2050. Most of the population is young with 42.54% between the ages of 0-14. The proportion of children under age 15 in 2010 was 44.0%, 53.2% was between 15 and 65 years while 2.7% was above 65 years. There is a large population momentum with 3.2% growth rate. The Federal and state governments conscious of the challenge that the growth rate may pose to sustainable economic growth and development due to dwindling revenue base and global economic challenges have embarked on series of initiatives to curb the exponential population growth rate in the country.

Table 1Crude birth and fertility rate 2008–2017

Year

CBR

TFR

CBR Urban

TFR Urban

CBR Rural

TFR Rural

2008

41.8

5.9

4.7

42.5

42.5

6.3

2013

40.2

5.5

4.7

4.2

42.

6.2

2014 – 2015

39.5

5.57

2016

38.8

5.53

2017

36.9

5.07

Source: National Population Commission (Nigeria) .

Life expectancy

Table 2Life expectancy in Nigeria

Period

Life expectancy

1995 – 2000

46.00

2000 – 2005

46.94

2005 – 2010

49.75

2010 – 2015

51.88

Source: National Population Commission (Nigeria), worldpopulationreview.com .

11.Life expectancy in Nigeria is unfortunately the lowest in West Africa. The average life expectancy is around 54.5 years of age according to World Health Organisation (WHO)’s data with men living an average of 53.7 years and women living an average of 55.4 years. However, life expectancy is expected to increase from 67.0 years in 2010 to 75.2 years in 2050. By 2050, the percentage of the population estimated to be living in the urban areas is 69% compared to the 50% in 2010.

Table 3Nigeria population projections by year 1990–2018

Year

Population

%M

%F

Density

Km 2

Growth Rate

2018

195 875 237

50.68%

49.32%

212.04

2.61%

2017

190 888 311

50.67

49.33

206.64

2.63

2016

185 989 640

50.66

49.34

201.34

2.65

2015

181 181 744

50.65

49.35

196.13

2.70

2010

158 578 261

50.58

49.42

171.66

2.68

2005

138 939 478

50.50

49.50

150.41

2.58

2000

122 352 009

50.42

49.58

132.45

2.52

1995

95 269 988

50.35

49.65

116.92

2.54

1990

95 269 988

50.31

49.69

103.13

2.64

Source: National Bureau of Statistics, World Population Prospects (2017) .

General economic outlook

12.Nigeria is the largest economy in Africa. Its economic growth has continued to be driven by consumption and high oil prices. Oil accounts for more than 95% of exports and foreign exchange earnings. The challenges in the oil sector negatively impacted government revenue, spendings and the capacity to grow the economy between 2014 and 2017. New government economic and sustainable development interventions have however removed the economic recession. As from 2017, the economy continued to show signs of recovery from the 2016 recession. GDP growth was estimated at 1.8% in 2017, up from 1.5% in 2016. The outlook beyond is positive, with growth projected at 2.1% in 2018 and 2.5% in 2019. This outlook is anchored on higher oil prices and production, as well as stronger agricultural performance.

Political structure

13.Nigeria is a functioning democracy operating the presidential system of government comprising three tiers: federal, state and local government. There are also three legal systems recognized by the Nigerian Constitution of 1999, as amended. These are Common Law, Islamic Law and Customary Law. The Supreme Court is the apex Court with jurisdiction to hear cases from lower courts including Federal Court of Appeal, Federal and State High Courts as well as Sharia Courts of Appeal and Customary Courts of Appeal. The Supreme Court also have original jurisdiction in certain matters as outlined in the Constitution.

Normative and institutional frameworks for the promotion and protection of human rights in Nigeria

Constitutional framework

14.The Constitution of Nigeria is the ground norm in matters of law and public governance. It contains several provisions that guarantee the rights of individuals and groups of persons. It also regulates relationship between the tiers and organs of government among others. In particular, Chapter IV of the Constitution guarantees fundamental human; rights including right to life; right to dignity of human person, right to personal liberty right to freedom of movement; right to fair hearing; right to private and family life; right to freedom of thought, conscience and religion; right to freedom of expression and the press; right to peaceful assembly and association; right to freedom from discrimination; right of access to justice including legal and financial aid to indigent citizens.

15.However, Section 45 of the Constitution provides for specific restrictions on, and derogation from certain fundamental rights to the extent that those measures are reasonably justifiable in a democratic society and on the following conditions (a) in the interest of defence, public safety, public health, public order or public morality; (b) for the purpose of protecting the rights and freedoms of others; (c) in periods of emergency; (d) in the execution of the sentence of a competent court. Such restrictions must be enacted into law by the National Assembly comprising of two chambers – the Senate and Federal House of Representatives.

16.Chapter Two of the Constitution provides for fundamental objectives and directive principles of state policy in a manner that ensures that government policies, programmes and social and economic initiatives are geared towards enhancing the quality of lives and standards of living of the people.

Legislative and policy framework

17.In addition to Constitutional guarantees, there are many legislation and policy initiatives both at the national and sub national levels that promote and protect human rights in Nigeria including the rights of persons living with disabilities. Some of these laws and policies are:

18. Legislation

•Discrimination Against Persons with Disabilities (Prohibition) Act, 2018;

•Administration of Criminal Justice Act, 2015;

•Violence Against Persons (Prohibition) Act, 2015;

•HIV/AIDS (Anti-Discrimination) Act, 2014;

•Anti-Torture Act, 2017;

•Compulsory Treatment and Care for Victims of Gunshot Act, 2017;

•National Institute for Cancer Research & Treatment (Establishment) Act, 2017;

•Evidence Act, 2011;

•Criminal Procedure Act;

•Penal Code;

•Fundamental Human Rights (Enforcement Procedure) Rules, 2009;

•High Court Civil Procedure Rules;

•Criminal Code;

•Criminal Procedure Code;

•National Human Rights Commission Act of 1995, as amended;

•Legal Aid Amendment Act of 2012;

•Child Rights Act 2003/State Child Rights Laws;

•State Laws on Anti-Kidnapping;

•Electoral Act 2010;

•Trafficking in Persons (Prohibition):

•Law Enforcement and Administration Act 2015;

•Labour Act, CAP L1 LFN, 2004;

•Freedom of Information Act 2011;

•National Health Act, 2014;

•Compulsory, Free Universal Basic Education Act 2014;

•Anambra State Gender and Equal Opportunities Law, 2007;

•Ekiti State Gender Based Violence (Prohibition) Law, 2011;

•Imo State Gender & Equal Opportunities Law, 2007;

•Lagos State Protection Against Domestic Violence Law 2007;

•Rivers State Dehumanizing & Harmful Traditional Practices Law, 2007;

•Edo State Law on Female Gender Mutilation 2000.

19. State with laws protecting the rights of persons with disability

1.Lagos State Special People’s Law 2011;

2.The Rights of Persons with Disability Law Ekiti State, 2013;

3.Plateau State Disability Rights Law 2005;

4.Bauchi State Agency for Disability Law 2010;

5.Nasarawa State Disability Rights Commission Law, 2018;

6.Kwara State People with Disabilities (Amendment) Law, 2017.

20. Policies

•National Policy on Food and Nutrition, 2001;

•National Policy on Education 2016;

•National Policy on Special Needs Education in Nigeria and Implementation Guidelines, 2015;

•National Policy on Child and Maternal Health, 2004;

•Revised National Gender Policy;

•National Policy on HIV/AIDS, 2003;

•Strategy for the Acceleration of Girl Education in Nigeria;

•National Gender Data Bank;

•National Policy on Orphans and Vulnerable Children;

•National Health Policy, 2016;

•National Policy on Gender in Basic Education;

•National Child Policy, 2007;

•National Framework on Girls & Women Education, 2012;

•National Strategic Health Development Plan (NSHDPII) 2018–2022;

•National Policy & Implementation Guidelines on Albinism in Nigeria, 2013;

•National Action Plan for the Promotion and Protection of Human rights in Nigeria 2017–2021;

•Lagos State Inclusive Education Policy, 2018;

•National Policy on Disabilities (Revised), 2018;

•National Policy on Rehabilitation of Persons with Disabilities;

•National Policy on Immunization;

•National Health Policy on Primary Health Care;

•National Policy on Reproductive Health;

•National Policy on Elimination of Female Genital Mutilation;

•National Policy on Child Labour;

•National Priority Agenda for Vulnerable Children in Nigeria (2013–2020);

•National Policy on Sexuality and Family Life Foundation;

•National Social Protection Policy:

21. Institutions

•National Commission for Persons with Disabilities;

•State Agencies/Commissions for Persons with Disabilities;

•National Human Rights Commission;

•National Agency for the Control of HIV/AIDS;

•National Agency for the Prohibition of Trafficking in Persons;

•Universal Basic Education Commission;

•Federal/State Ministries of Education;

•Federal/State Ministries of Health;

•Federal/State Ministries of Trade and Industry;

•Federal/State Ministries of Justice;

•Federal/State Ministries of Information;

•Federal/State Ministries of Youths and Sports;

•Federal/State Ministries of Agriculture & Rural Development;

•Central Bank of Nigeria;

•Nigerian Bank of Industry;

•Nigerian Bank of Agriculture;

•Small & Medium Scale Development Agency;

•The Nigerian Police;

•The Nigerian Courts;

•National and State Houses of Assembly.

Nigeria international human rights obligation

22.Nigeria is a key player in the international human rights protection mechanism. In this regard, the country is a party to most if not all regional and international human rights treaties. Nigeria has ratified the following international human rights instruments majority of which have been enacted into national laws. These instruments play significant role in the realization and enjoyment of human rights by persons with disabilities in the country.

23. UN treaties

•International Covenant on Civil and Political Rights;

•International Covenant on Economic, Social and Cultural Rights;

•International Convention on the Rights of Persons with Disabilities;

•Optional Protocol to the Convention on the Rights of Persons with Disabilities;

•International Convention on the Elimination of all Forms of Racial Discrimination;

•Convention on the Elimination of all Forms of Discrimination against Women;

•Optional Protocol on the Convention on the Elimination of all Forms of Discrimination against Women;

•Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment;

•Optional Protocol on Convention Against Torture;

•Convention on the Rights of the Child;

•Optional Protocol on Convention on the Rights of the Child on the Sale of Children, Child Prostitution and Child Pornography;

•Optional Protocol on Convention on the Rights of the Child on Involvement of Children in Armed Conflict;

•International Convention on the Protection of the Rights of all Migrant Workers and Members of their Families;

•International Convention on the Protection of All Persons from Enforced Disappearance;

•Statute of the International Criminal Court;

•Convention Concerning Forced or Compulsory Labour;

•Discrimination (Employment and Occupation) Convention;

•Convention on the Prevention & Punishment of Crime of Genocide;

•Convention Relating to the Status of Refugees;

•Protocol relating to the Status of Refugees;

•Convention on the Political Rights of Women;

•Convention on the Prevention & Combating of Terrorism;

24. AU treaties

•African Charter on Human and Peoples Rights;

•African Charter on the Rights and Welfare of the Child;

•O.A.U Refugee Convention;

•Protocol on the African Charter on the Rights of Women in Africa;

•Protocol to the African Charter on the Establishment of African Court on Human and Peoples Rights;

•African Union Convention on Preventing and Combating Corruption;

•African Charter on Democracy, Elections and Governance;

•African Union Convention for the Protection and Assistance of Internally Displaced Persons;

Part two

III.Implementation of the General provisions of the Convention

Articles 1–5

25.The Federal Republic of Nigeria being a functioning democracy is committed to the promotion and protection of human rights for its citizens and persons living in Nigeria. The country is also an active player in sub-regional, regional and global mechanisms for the promotion and protection of human rights. In fulfilment of its obligations under the Convention on the Rights of Persons with Disabilities, the Federal and State governments adhere strictly to the provisions of the 1999 Constitution of Nigeria which among other things contains several guarantees for enjoyment of fundamental rights of all persons including people with special needs.

26.Section 1(1) of the Constitution provides that “This Constitution is supreme and its provisions shall have binding force on all authorities and persons throughout the Federal Republic of Nigeria”. The import of this provision is that all persons, bodies and authorities in Nigeria must obey and respect the rights protected in the constitution. Section 1 (3) of the Constitution also states that “If any other law is inconsistent with the provisions of this Constitution, the Constitution shall prevail, and that other law shall to the extent of the inconsistency be void”. Therefore, all laws in Nigeria must be consistent with the Constitution and the judiciary in Nigeria has ensured that no law operates in the country that is inconsistent with the Constitution.

27.The security and welfare of the citizens of Nigeria is of utmost importance to the government and this is guaranteed by Section 14(1) paragraph (c). The Constitution declared that:

“The Federal Republic of Nigeria shall be a State based on the principles of democracy and social justice. It is hereby, accordingly, declared that the security and welfare of the people shall be the primary purpose of government”.

28.The above Constitutional provisions informed the policies and programmes of government on promoting and protecting the rights of all persons including people with special needs. The Nigeria Constitution in Chapter II under the Fundamental Objectives and Directive Principles of State Policy commits government at all levels to the following social objectives.

29.“The State Social Order is founded on ideals of Freedom, Equality and Justice. In furtherance of the social order:

(a)Every citizen shall have equality of rights, obligations and opportunities before the law;

(b)The sanctity of the human person shall be recognized and human dignity shall be maintained and enhanced;

(c)Government actions shall be humane;

(d)The independence, impartiality and integrity of courts of law, and easy accessibility thereto shall be secured and maintained”.

30.The State shall direct its policy towards ensuring that:

•All citizens, without discrimination on any group whatsoever, have the opportunity for security, adequate means of livelihood as well as adequate opportunity to secure suitable employment;

•The health, safety and welfare of all persons in employment are safeguarded and not endangered or abused;

•There are adequate medical and health facilities for all persons;

•There is equal pay for equal work without discrimination on account of sex, or on any other ground whatsoever;

•Provisions are made for public assistance in deserving cases or other conditions of need.

31.The Constitution of Nigeria also guarantees the following rights:

•Right to life;

•Right to dignity of human person;

•Right to personal liberty;

•Right to fair hearing (fair trial);

•Right to private and family life;

•Right to freedom of thought, conscience and religion;

•Right to freedom of expression and the press;

•Right to peaceful assembly and association;

•Right to freedom of movement;

•Right to freedom from discrimination;

•Right to acquire and own immovable property in Nigeria.

32.The Nigerian social, political and economic principles apply to all persons including persons with disabilities (PWDs). Equally, all the rights in Chapter IV of the Constitution are applicable to persons with disabilities.

33.Nigeria has domesticated the Convention on the Rights of Persons with Disabilities (CRPD) through its Discrimination Against Persons with Disabilities (Prohibition) Act of 2019. The law comprehensively addresses all issues relating to the promotion and protection of rights of persons with disabilities and is a response to Article 4 of the Convention. There is also the National Policy on Disabilities, 2018. The Policy is guided by the belief that the Nigerian society has a moral responsibility to address the needs of its citizens including persons with disabilities. Consequently, the government at all levels have prioritized the concerns of persons with disabilities in their programmes and developmental initiatives. In this regard, PWDs are being integrated in the society to enable them participate fully in all spheres of life, thus removing obstacles which have hitherto hampered their active participation in political, social and economic endeavours.

34.The National Policy is also guided by the principle of inclusion and in implementing the Policy initiatives, the government aims at:

(a)Assisting and supporting persons with disabilities to reach and maintain their optimal human potentials;

(b)Ensuring that the environment and services, activities, information and documents are available and accessible to PWDs in the formats they can understand, for example, Braille for the blind and sign language for the deaf;

(c)Preventing or reducing the occurrence of physical, intellectual, psychological and permanent functional limitation or disability.

35.The National Policy on disability adopts the social model in the definition and addressing concerns of persons with disabilities. Disability is defined as the loss of limitation of opportunities to take part in the everyday life of the community on an equal level with others due to physical or social barriers. It should be noted that the policies and programmes of development in Nigeria is grounded in the principles of inclusion, equal opportunities and non-discrimination. These principles are enshrined in the Nigerian Constitution, Federal and State Laws as well as government policies and strategies.

36.Some state governments in Nigeria have enacted laws that specifically protect the rights of persons with disabilities. Examples of such laws are:

(a)Lagos State Special People’s Law, 2011;

(b)The Rights of Persons with Disability Law of Ekiti State, 2013.

37.The above two laws are based on international principles relating to the protection of the rights of persons with disabilities. The principles enunciated in the laws include:

•Inherent dignity;

•Independence of persons;

•Non-discrimination;

•Full and effective participation and inclusion in the society;

•Equality of opportunity;

•Equality between men and women

IV.Realization of the Specific rights of the Convention

Article 8Awareness raising

38.Section 3 of the Discrimination Against Persons with Disabilities (Prohibition) Act 2018 gives the Federal Ministry of Information the responsibility for the promotion of awareness regarding the rights, respect and dignity of persons with disabilities as well as their capabilities, achievements and contributions to the society. Before the enactment of this law, the federal government through its electronic media such as the radio and television networks and the National Orientation Agency which has offices in the 774 local government areas have effective awareness-raising programmes on the rights of PWDs as well as in the promotion of inclusive initiatives to ensure that PWDs have sense of national and community belonging.

39.The federal government through the Federal Ministry of Women Affairs and Social Development in partnership with international organizations, in particular the U.N. system in Nigeria and the civil society also carries out public awareness on matters affecting PWDs as well as policies and programmes of the federal government. Government has supported publications, translations and dissemination of international conventions and national policies and programmes dealing with disability matters.

40.Nigeria on an annual basis commemorates the International Day of Persons with Disabilities which involves discussions on important issues relating to the welfare and rights of PWDs including showcasing achievements of PWDs who have distinguished themselves in their chosen careers and have made immense contributions to the society. At the state level, various Ministries of Women Affairs and Social Development also in collaboration with development partners raise awareness on matters affecting the rights of PWDs. A lot of awareness campaigns were also carried out through the media and outreach programmes.

41.The National Human Rights Commission of Nigeria which has offices in the thirty‑six states of the Federation including the federal capital territory has a department responsible for promoting and protecting the rights of women, children and other vulnerable groups including persons with disabilities. The Commission also has a team working solely in promoting awareness on the rights of persons with disabilities. The Commission through the department and the thematic area of focus on regular basis embark on series of enlightenment and advocacy aimed at addressing stigmatization and stereotypes on PWDs including women and girls.

42.The Commission in partnership with UNICEF, UN WOMEN and civil organizations working on disabilities carry out leadership training programmes to provide at-risk girls with disabilities with leadership skills, educate them about their bodies and rights and help them develop their abilities to respond to inequalities and stigmatization. The partnership also work closely with disabled persons organizations to design and implement programmes targeting girls with disabilities.

43.Other initiatives of the partnership include:

(a)Awareness creation on provision of information in accessible format to women and girls with disabilities on sexual and reproductive health and rights;

(b)Awareness raising in communities on how to eradicate beliefs, practices and stereotypes which legitimize violence against women and girls with disabilities.

44.The Federal and state governments, National Human Rights Commission and several civil society organizations participate annually in activities marking and drawing attention to the status of PWDs which include:

•The international day of persons with disabilities; - 3 December every year;

•White Cane day – 15 October every year;

•World Leprosy day – last Sunday in January;

•World autism day – 2 April every year.

45.The Joint National Association of Persons with Disabilities (JONAPWD) – an umbrella organization for civil society working on disabilities in Nigeria in its 2016 annual report acknowledges the increase in the level of public awareness on rights of PWDs when it states that “… disability issues have gained significant national attention across sectors including political/electoral inclusion and participation, inclusive education, accessible health services, accessible physical infrastructure, transportation, financial inclusion etc.”.

Article 9Accessibility

46.Sections 4–8 of the Disabilities (Prohibition) Act have elaborate provisions in ensuring that PWDs have access to public buildings on an equal basis with others. Road side-walks, pedestrian crossing and all other special facilities as set out in the First Schedule made for public use shall be made accessible to and usable by PWDs including those on wheel chairs and the visually impaired. There is transition period of five years within which all public buildings must be modified for accessibility and use for PWDs. Relevant government authorities are to ensure that the provisions of the law are adhered to and non-adherence has been criminalized accordingly.

47.In order to ensure effective implementation of this law, government is working with all relevant authorities in the building and construction industries for the design of codes of ethics in the design and construction of public buildings, facilities and other infrastructure to be disabled friendly.

Article 10Right to life

48.Right to life in Nigeria is guaranteed by section 33 of the Constitution. It provides that every person has a right to life, and no one shall be deprived intentionally of his life, save in execution of the sentence of a court in respect of a criminal offence of which he has been found guilty in Nigeria. The provision of this section applies to everyone including PWDs without discrimination. Section 1 of the Disabilities (Prohibition) Act prohibits discrimination against persons with disability on the ground of their disability by any person or institution in any manner or circumstance.

Article 11Situation of risk and humanitarian emergencies

49.Sections 25–27 of the Disability Law make ample provisions for ensuring that PWDs are not put in any situation of risk or violence, and in any situation of emergencies, necessary steps are to be taken to ensure their protection and safety and they must be given first consideration. All federal and state authorities responsible for emergency management give priorities to the safety and evacuation of PWDs in situations of emergency. The Nigerian Emergency Management Agency (NEMA) has a full-fledged unit that caters for PWDs during crisis situation.

Article 12Equal recognition before the law

50.The Nigerian state is founded on ideals of Freedom, Equality, and Justice. In furtherance of this social order, every citizen including persons with disabilities have equality of rights, obligations and opportunities before the law. The sanctity of the human person is recognized and human dignity is maintained and enhanced.

51.This is provided for in Chapter II of the Constitution. Persons with disabilities in Nigeria enjoy equal recognition before the law and there is no law at the federal or state level that discriminates against persons with disabilities. Discrimination may occur at family or community level and where such acts of discrimination are brought before competent authorities, including the judiciary, there are effective remedies in accordance with the law available to the aggrieved.

Article 13Access to justice

52.Section 36 of the Constitution guarantees access to justice for all citizens irrespective of status including living with disabilities. Section 36(1) states that in the determination of any civil rights and obligations, including any question or determination by or against any government or authority, a person shall be entitled to a fair hearing within a reasonable time by a court or other tribunal established by law and constituted in such manner as to secure its independence and impartiality. All the constitutional safeguards to ensure fair hearing in section 36(6) are equally applicable to PWDs. Section 42(2) also states that no citizens of Nigeria shall be subjected to any disability or deprivation merely by reason of the circumstances of his birth. This is also applicable to persons with disabilities.

53.The National Human Rights Commission since inception has prioritized the protection of the rights of persons with disabilities through its vibrant complaints treatment mechanisms. Complaints of various human rights violations brought by persons with disabilities in deserving cases were treated and such violations were promptly redressed.

54.Efforts are ongoing by the federal government to provide procedural and age appropriate accommodations to facilitate the effective roles of persons with disabilities as direct and indirect participants including as witnesses, in legal proceedings, including at investigative and other preliminary stages.

Article 14Liberty and security of the person

55.Every citizen of Nigeria is entitled to personal liberty and no person is deprived of such liberty except as spelt out in section 35 of the Constitution. Persons with disabilities equally enjoy this right. Furthermore, section 1 of the Disabilities (Prohibition) Act prohibits discrimination on the ground of disability by any person or institution and such discrimination attracts sanction.

Article 15Freedom from torture or cruel, inhuman or degrading treatment or punishment

56.Section 34(1) of the Nigerian Constitution prohibits torture, cruel, inhuman or degrading treatment or punishment. This applies to all persons with disabilities. Nigeria is a party to the U.N. Convention Against Torture as well as its Optional Protocol. Nigeria has domesticated the Convention through the Anti-Torture Act of 2017. The law as well as the court frown at any act of torture, cruel, inhuman or degrading treatment. Competent authorities have meted various degrees of sanctions on officials found in breach of the Constitution and the law and the courts have awarded different types of damages in favour of victims. Persons with disabilities equally enjoy the protection of the law as any other citizens.

Article 16Freedom from exploitation, violence and abuse

57.The Nigerian state social order is founded on ideals of freedom, equality and justice and one of the social objectives of government is the recognition of the sanctity of the human person and the maintenance and enhancement of human dignity. Furthermore, the Constitution prohibits torture and any form of inhuman or degrading treatment as well as forced or compulsory labour and being held in slavery or servitude.

58.Apart from the Constitutional provisions, the Criminal Code and the Panel Code and several other state legislation provide for non use of violence against any person including PWDs. Section 73 of the Labour Act also prohibits forced labour and ill-treatment of the workforce and there are sanctions for breach of the provision. The newly enacted Act on Disabilities forbids the use of a person with disability in begging or parade such person in public with the intention of soliciting for alms. Violation of this provision attracts a fine of N100, 000.00 or a term of six months imprisonment or both.

Article 17Protecting the integrity of the person

59.All persons with disabilities enjoy freedom from torture, cruel, inhuman or degrading treatment as guaranteed by section 34(1) of the Constitution. Similarly the Anti-torture Act of 2017 in section 3 prohibits torture and no exceptional circumstances whatsoever, may be invoked as a justification for torture.

Article 18Liberty of movement and nationality

60.Section 41(1) of the Constitution guarantees freedom of movement for every citizen of Nigeria without discrimination and this equally applies to persons with disabilities. In the same vein, section 25(1) provides for who is a citizen of Nigeria. This provision of the Constitution applies to all those that are qualified to be citizens without discrimination against persons with disabilities.

Article 19Living independently and being included in the community

61.The Constitution provides for the promotion of national integration and to achieve this, government at all levels is under obligation to:

(a)Provide adequate facilities for and encourage free mobility of people, goods and services throughout the country;

(b)Secure full residence rights for every citizen in all parts of the federation.

62.At the state level, resources are devoted to ensure that persons with disabilities have access to a range of in-home, residential and other community support services, including personal assistance necessary to support living and inclusion in the community and to prevent isolation or segregation from the community.

Article 20Personal mobility

63.Government at both the federal and state levels spend huge resources from time to time to assist persons with disabilities by providing necessary equipment to aid their personal mobility. In this regard, wheelchairs, walking support wheels, tricycles and other mobility devices are being made available to PWDs from time to time across the country. The government and other concerned Nigerians as well as development partners embark on advocacy campaigns to ensure that all public buildings are accessible to PWDs.

64.In accordance with sections 3–5 of the Discrimination Against Persons with Disabilities (Prohibition) Act of 2019 all public buildings must be constructed with the necessary accessibility aids such as lifts, ramps and any other facility that shall make them accessible to and usable by persons with disabilities. Road side walks, pedestrian crossings and all other special facilities made for public use shall be made accessible to and usable by persons with disabilities.

65.Government and other transport service providers shall make provisions for lifts, ramps and other accessibility aids to enhance the accessibility of their vehicles, parks and bus stops to persons with disabilities. The law also make ample provision for persons with disabilities using seaports, railways and airport facilities.

66.There is five years transition period for government and private transport providers to comply with these provisions. Efforts are being intensified by government to sensitize all service providers to comply with the provisions of the law before appropriate sanctions are meted on defaulters.

Article 21Freedom of expression of opinion and access to information

67.Section 39(1) and (2) of the Constitution provides that every person shall be entitled to freedom of expression, including freedom to hold opinions and to receive and impart ideas and information without inference. Every person is also entitled to own, establish and operate any medium for the dissemination of information, ideas and opinions.

68.The federal and state governments have Braille Presses/Libraries in strategic centres to serve as educational resource centres for the blind and the visually impaired. For instance, the federal government has such centres in the six geopolitical zones of the country. They are in Awka, Anambra State for the Southeast; Bauchi for the Northeast; Calabar, Cross river state for the Southsouth, Lagos for the southwest, Kaduna for the North central and Maiduguri for the Northeast. It is noteworthy to stress that all government policies on development recognize the need to provide information to persons with disabilities in accessible format appropriate to all categories of disabilities.

69.There are challenges concerning access to information and communication by PWDs with respect to their rights, diagnosis, medical records and available services and programmes pertaining to their disabilities as well as on services which are generally available to the general public. The Discrimination Against Persons with Disabilities (Prohibition) Act 2019 and various state laws to a great extent have addressed these challenges.

70.The revised National Policy on Disability in Nigeria, 2018 also addresses these challenges. The policy has developed five strategies to make information more accessible to PWDs.

Article 22Respect for privacy

71.Section 37 of the Constitution guarantees the privacy of citizens, their homes, correspondence, telephone conversations and telegraphic communications

Article 23Respect for home and family

72.Section 37 of the Constitution guarantees respect for home and family of all citizens including persons with disabilities.

Article 24Education

73.Nigeria is committed to providing qualitative education at all levels to every citizen without discrimination on any ground including disabilities. Section 18(1) of the Constitution provides that government shall direct its policy towards ensuring that there are equal and adequate education opportunities at all levels. Nigeria is a party to many international human rights instruments that guarantee the right to education some of which are:

•International Convention on Economic, Social and Cultural Rights;

•Convention on the Rights of the Child;

•Convention on the Eliminations of all forms of Discrimination Against Women;

•Convention on the Rights of Persons with Disabilities.

74.There are also many national legislation and policies that address provision of qualitative and inclusive education for citizens including persons with disabilities. Some of the legislation and policies include:

•Discrimination Against Persons with Disabilities (Prohibition) Act 2019;

•Compulsory, Free Universal Basic Education Act, 2004;

•National Policy on Disability in Nigeria 2018;

•National Policy on Special Needs Education in Nigeria (2015) and Implementation Guidelines on the National Policy on Special Needs Education;

•National Policy on Albinism in Nigeria, 2012;

•Training Manual on adaptation and implementation of Inclusive Education in Nigeria; 2010;

75.In its determination to ensure inclusive education for persons with disabilities in Nigeria, the Discrimination Against Persons with Disabilities (Prohibition) Act provides as follows:

•A person with disability shall have an unfettered right to education without discrimination or segregation in any form;

•A person with disability is entitled to free education to secondary school level;

•The Commission for Persons with Disabilities shall provide educational assistive devices;

•The education of special education personnel shall be highly subsidized;

•Government shall ensure that the education of persons with disabilities, particularly children who are blind, deaf or with multiple disabilities, is delivered in the most appropriate language, mode and means of communication, and in environments which maximize academic and social development.

76.Beyond legislation and policies, several practical steps have been and are being taken to ensure inclusive education of persons with special needs in Nigeria. The Special Needs Education and Rehabilitation services of the Federal Ministry of Education is a formal education given to persons with special needs. The scheme is tailored towards individualized education programme (IEP) rendered at schools, homes and hospital settings. The implementation of the scheme is done in collaboration with relevant Ministries, Departments and Agencies (MDAs), civil society and international development partners.

77.Some state governments in Nigeria have established special schools and training centers for persons with special needs. As at 2009, Oyo state had eighteen facilities for primary education for special needs education. At the moment, the state has twenty-six public primary and junior secondary schools for disabled children while Osun state has eighteen. In the two states, residential facilities and lunch are provided in these schools. In Bayelsa state, students with special needs are given bursary award annually.

78.Despite the level of commitment demonstrated by the government at both the federal and state level towards the education of children with special needs, there are enormous challenges and efforts are being intensified to provide qualitative and functional education to children with special needs in the country. Other challenges in this area include:

(a)The number of special educators is small which limits how many special education units can be established in schools as well as the extent to which inclusive education can be practiced;

(b)Facilities are too few and many are not disabled people friendly.

(c)Children with special needs are not able to access special education because it is expensive for families to bear the cost and the environments are unsafe and not friendly to the disable persons.

79.These challenges are however being addressed and the National Policy on Disability in Nigeria (2018) as well as the Discrimination Against Persons with Disabilities (Prohibition) Act and various state laws on discrimination against persons with disabilities have taken care of these challenges. Significant improvement would have been made in this sector by the time we are submitting our next Periodic Report.

Article 25Health

80.Section 14(1)(b) of the Constitution provides that the security and welfare of the people shall be the primary purpose of government. The Constitution also provides that government shall direct its policy towards ensuring that the health, safety and welfare of all persons in employment are safeguarded and not endangered or abused. And that there are adequate medical and health facilities for all persons.

81.There are several legislation and policies that guarantee qualitative healthcare for all citizens of Nigeria including persons with disabilities. Some of these laws and legislation are:

•National Health Act, 2014;

•Discrimination Against Persons with Disabilities (Prohibition) Act, 2019;

•HIV and AIDS (Anti-Discrimination) Act 2014;

•National Health Policy, 2016;

•National Strategic Health Development Plan (NSHDPII) 2018-22.

82.Section 21(1) and (2) provide unfettered access to adequate health care without discrimination on the basis of disability. A person with mental disability under the law is entitled to free medical and health services in all public institutions. There are also similar provisions in the state laws that prohibit discrimination on the basis of disabilities.

83.To ensure adequate health and medical care for PWDs that may be living with HIV/AIDS, government through its leading agency on HIV/AIDS matters, the National Agency for the Control of HIV/AIDS (NACA) has carried out several surveys to determine the number of persons with disabilities living with HIV/AIDS for appropriate response. There was the survey on HIV and Disability in Nigeria in 2013 and the study of HIV prevalence among Persons with Disabilities in Nigeria in 2015.

84.NACA in partnership with the Federal Ministry of Women Affairs and Social Development has developed strategies to enhance sexual and reproductive rights of persons with disabilities in Nigeria by mainstreaming PWDs in the National HIV/AIDS Response through the 90: 90: 90 targets and goals. This is to ensure that at least 90% of Nigeria get HIV test to know their status, 90% of those tested positive are placed on treatment and 90% of those on treatment have suppressed the virus by the year 2030.

Article 26Habilitation and rehabilitation

85.Nigeria is faced with challenges in the habilitation and rehabilitation of persons with disabilities, particularly in the rural areas given the large population of the country as well as its huge land mass. However, several laws and policies are in place to improve on their living conditions and rehabilitation. It is worthy to note all that the states in Nigeria have laws and policies that place specific attention to PWDS in areas of accommodation, non-discrimination, employment, and education. One of the challenges however, is that these efforts are seen from welfare or financial empowerment rather than as a matter of rights. With the revised national policy on disability, increasing state laws on disability and the newly enacted federal law on Discrimination Against Persons with Disabilities (Prohibition) Act of 2019, issues affecting persons with disabilities are treated as matters of human rights.

86.Government at the federal and state levels have established rehabilitation centres and institutions for vocational training for persons with disabilities across the country adopting the Community Based Vocational Rehabilitation (CBVR) approach which involves vocational skills training at the community level. Some of the skills being imparted at the centres include making of flower pots and vases, nylon bags, soap making, typing, weaving, knitting, Braille reading, bead making among others.

87.Kaduna State has increased its budgetary allocation with respect to rehabilitation of persons with disabilities in the state. The state has renovated and equipped two rehabilitation centres in Kaduna town and Kafanchan. In addition, three new ultra modern rehabilitation centres are under construction. Also, in Delta State, south of the country, the state government is currently constructing a transit home hostel and conference hall that meet the need of PWDs through the provision of ramps and disability friendly infrastructure.

88.The federal government is making plans to urgently establish more rehabilitation centres across the country by ensuring that such centres are in each of the 774 local government areas. There is also the plan to establish a National Rehabilitation Institute as a research and advocacy centre to push matters of PWDs to the front burners of national policies and programmes in addition to the National Commission for Persons with Disabilities provided for in the Disability Act of 2019.

Article 27Work and employment

89.The National state social order is predicated on ensuring that:

(a)All citizens, without discrimination against any group whatsoever, have the opportunity for securing adequate means of livelihood as well as adequate opportunity to secure suitable employment;

(b)Conditions of work are just and humane, and that there are adequate facilities for leisure and for social, religious and cultural life.

(c)The health, safety and welfare of all persons in employment are safeguarded and not endangered or abused.

90.Apart from the Constitution, there are several federal and state laws that regulate conditions of employment such as the Labour Act, Trade Disputes Act, and Trade Union Act. Of particular importance is the Employee’s Compensation Act of 2010 which makes comprehensive provisions for payment of compensation to employees who suffer occupational diseases or sustain injuries arising from accident at workplace in the course of employment. Quite a number of persons with disabilities in Nigeria suffer disabilities as a result of job or occupational hazards and work place related accidents and injuries.

91.Section 28 of the Discrimination Against Persons with Disabilities (Prohibition) Act, 2019 gives persons with disabilities right to work on an equal basis with others and contravention of this law is criminalized and sanctioned. Section 29 also provides that all employers of labour in the public sector shall have persons with disabilities constitutes at least 5% of the workforce. Government has however in 2016 directed that disabilities be mainstreamed in all MDAs and to this end 10% should be reserved for qualified PWDs at the Federal level.

92.The federal government has also directed the Federal Ministry of Works to ensure accessibility and inclusiveness in all federal MDAs to persons with disabilities. In Delta state since, 2005, 5% of all available positions in state recruitment exercises is reserved for PWDs.

93.In October, 2016, the Lagos state government inaugurated the governing board of the Office for Disability Affairs to manage a N500 million (N500, 000,000.00) Disability Trust Fund. The Fund is an important step to address disability inclusion. PWDs in the state are also eligible to access a N25 Billion (N25, 000,000,000.00) Employment Trust Fund. In August, 2017, the state government empowered over two thousand persons with disabilities with financial grants, assistive technologies and mobility aids. Five Hundred PWDs also receive N100, 000.00 each as start-up grants to establish businesses of their own. In April 2018, the state government employed 250 persons with disabilities in its public service.

Article 28Adequate standard of living and social protection

94.This remains a challenge by the government in Nigeria. However, the federal and state governments have developed plans and policies in recent times to provide sustainable standard of living and social protection to PWDs. We had earlier mentioned efforts by government at all levels to provide employment opportunities for PWDs.

95.The new Disability Act as well as various state laws on disabilities have comprehensively addressed issues relating to education, health and other social and economic support programmes aimed at inclusiveness and non discrimination against PWDs. The federal government has put in place many programmes addressing social protection for every citizen including PWDs. Some of these programmes are social empowerment schemes providing monies for the unemployed through the N-power programme; social insurance scheme, health insurance scheme and the contributory pension scheme.

Article 29Participation in political and public life

96.The Constitution of Nigeria and its laws do not discriminate against any particular groups of persons as far as participation in political and public life is concerned. However, as a result of societal stigmatization and discrimination, the level of participation of PWDs in political and public life is very low. The newly Disabilities Act of 2019 addresses this challenge in sections 30(1) and (2). In accordance with the law, persons with disabilities shall be encouraged to fully participate in politics and public life and government shall actively promote an environment in which persons with disabilities can effectively and fully participate in:

(a)The conduct of public affairs without discrimination;

(b)Non-governmental organizations and associations concerned with the public and political life of the country; and

(c)Activities and administration of political parties.

97.Various Disability laws in the states also address support for active participation of PWDs in public and political life.

98.In its efforts to ensure that persons with disabilities participate fully in the electoral process, the federal government through the Independent National Electoral Commission (INEC) and stakeholders have produced Framework on Access and Participation of Persons with Disabilities in the Electoral Process. This Framework was particularly useful in the 2019 general elections in Nigeria. PWDs face a lot of barriers in participating in the electoral process such as institutional, attitudinal, environmental and social barriers. The INEC Disability Framework has effectively addressed these barriers.

99.The Framework is a co-ordinated, concerted and deliberate approach at mainstreaming the PWDs in the national electoral process. The policy and its operational plan are aimed at the inclusion of PWDs in all aspects of the electoral process, as well as reducing the barriers they face as voters, aspirants, candidates, party officials and staff of INEC. From a human rights perspective, the Framework guarantees the full participation of eligible PWDs and other vulnerable groups and places responsibilities and obligations on INEC as well as other election stakeholders in ensuring that electoral process in Nigeria is more inclusive.

100.In the 2019 general elections and state elections in 2017 and 2018, INEC provided assistive aids and technologies that enabled PWDs participated in the process with little difficulties. Magnifying glasses were provided for persons living with albinism, Braille ballot papers for the visually impaired and general electoral information were also on Braille.

Article 30Participation in cultural life, recreation, leisure and sport

101.The Constitution of Nigeria guarantees the participation of every citizen in cultural life, recreation and leisure in section 17(3) (b).

“The federal and state governments promote and facilitate cultural, recreational, leisure and sporting events. At the federal level are the Federal Ministry of Youths and Sports and Federal Ministry of Information and Culture. There is also the National Council for Arts and Culture. These are also replicated at the state level. Huge financial and other resources are devoted by governments across the Federation to cultural life and sporting activities.”.

102.The Nigeria Paralympics Committee is saddled with the responsibility of developing and promoting para sports (sports for persons with disabilities) in Nigeria. Nigeria has been participating in the International Paralympics since 1992. From 1992-2018, PWDs results in Paralympics have improved by 400% as a result of increased investment by federal, state and local authorities in para-athletics. Compared to regular Olympians, Nigeria has a 1200% better result at the 2016 Olympics.

103.There is an international annual sporting event in Nigeria known as paralympic games for PWDs including those with neurological disorder and other types of physical impairments.

V.Specific situation of women and children

Article 6Women with disabilities

104.Generally, in Nigeria, women with disabilities suffer double risk of rights violations, stigmatization and other anti social attitudes against them; first as women and second as women with disabilities. They continue to experience a lot of setbacks in all spheres of life not only because they lack educational opportunities, but also because of negative attitudes, stereotypes and lack of understanding which exist among the larger non-disabled group in the society.

105.However, all rights protected in the Constitution and other extant laws in Nigeria equally apply to women with disabilities. There are also specific state laws targeted at women and many policies addressing special and economic development of women. Issues pertaining to women and girls with disabilities are prioritized in the implementation of these laws and policies. Some laws targeted at women and girls include:

•Violence Against Persons (Prohibition) Act, 2015;

•Anambra State Gender and Equal Opportunities Law, 2007;

•Ekiti State Gender Based Violence (Prohibition) Law, 2011;

•Imo State Gender & Equal Opportunity Law, 2007;

•Lagos State Protection Against Domestic Violence Law, 2007;

•Rivers State Dehumanizing and Harmful Traditional Practices Law, 2007.

106.Some policies specifically targeted at women include:

•National Gender Policy;

•National Gender Data bank;

•National Policy on Gender in Basic Education;

•National Framework on Girls and Women Education;

•National Policy on Sexuality and Family Life Foundation.

107.Some programmes of the federal government specifically targeted at women also address enhancement of social and economic benefits for women with disabilities. Some of these programmes are:

•Women Fund for Economic Empowerment. The Fund has a low interest rate and targets grassroots women cooperative societies;

•Business Development Fund for Women. It targets women entrepreneurs who desire loan to expand their businesses. The fund provides low-interest credit facilities for women entrepreneurs who may not be able to enjoy facilities from conventional banks.

Article 7Children with disabilities

108.Nigerian children with disabilities have over the years suffered neglect owing to the fact that they are perceived to be incapable, ill, misfit and a burden to their families and the society. These children thus become vulnerable to physical, sexual and emotional abuse. Such children when born into families of poor social-economic backgrounds are often confronted with many problems, which tend to have negative effects on their emotional growth and development. According to UNESCO statistics, there are over 10.5 million out of school children in Nigeria out of which about 7 million are estimated to be children with disabilities.

109.However, there are many federal and state laws as well as policies targeted at children including children with disabilities. Some of these laws and policies are:

•Child Rights Acts, 2003;

•Various states child rights laws;

•Compulsory, Free Universal Basic Education Act, 2014;

•National Policy on Food and Nutrition;

•National Policy on Special Needs Education in Nigeria;

•National Policy on Child and Maternal Health;

•Strategy for the Acceleration of Girls Education in Nigeria;

•National Priority Agenda for Vulnerable Children in Nigeria.

110.The National Human Rights Commission of Nigeria in collaboration with government authorities, international development partners, the donor community as well as civil societies has a lot of programmes addressing girls and children with disabilities. For instance, the Commission organizes leadership training programmes to provide at-risk girls with disabilities with leadership skills, educate them about their bodies and rights and help them develop their abilities to respond to inequalities and injustice;

•Works closely with disabled persons organizations and women’s rights organizations to design and organize programmes targeting girls with disabilities;

•Creates awareness on provision of information in accessible format to women and girls with disabilities on sexual and reproductive health and rights.

111.The Universal Basic Education Act provides that “every state government shall provide services designed to minimize the effect on disabled children within the state of their disabilities and to give disabled children the opportunity to lead lives which are as normal as possible”.

VI.Specific obligations in the implementation of the Convention

Article 31Statistics and data collection

112.Collection and analysis of statistical information fall squarely at the federal level with the National Bureau of Statistics, Federal Ministry of Budget and National Planning as well as the National Population Commission. Individual MDAs also collect and analyze data relevant to their areas of responsibilities. There are also government departments at the state level responsible for collection and analysis of statistical information.

113.The last population census in Nigeria was conducted in 2006 and information on persons with disabilities was factored into the process. Adequate provision on information on persons with disabilities has been factored into the forthcoming national population census. Disability modules are also part of the information to be collected in the on-going National Demographic and Health Survey (NDHS) being conducted by the National Population Commission.

114.Specifically, the National Population Commission in collaboration with other relevant government departments is working on survey of persons with disabilities in the country. Over the years, accurate information on persons with disabilities has been a challenge in the country and this has hampered planning and implementation of programmes to enhance the quality and standard of living of persons with disabilities. The federal government is using the opportunity of preparation of this report to upscale data collection and analysis and to audit its policies, programmes and laws dealing with PWDs.

Article 32International cooperation

115.Nigeria is a committed and active member in the community of nations. Nigeria is party to all major regional and international human rights instruments including Convention on the Rights of Persons with Disabilities and its Optional Protocol. The country participates in all regional and international activities towards the promotion and protection of human rights including those of persons with disabilities. Several Nigerians have taken up positions and are still occupying positions as independent experts in the African Union and United Nations organizations responsible for the promotion and protection of human rights.

116.Nigeria cooperates with international organizations towards the implementation of the Convention including the International Labour Organization and other UN agencies in Nigeria such as Office of the High Commissioner for Human Rights (OHCHR) which provided financial support for the process leading to the compilation and producing of this report, United Nations Development Programme, UNICEF, UN Women and UNESCO. Nigeria also work closely with the Department of Economic and Social Affairs of the UN in areas relating to the promotion of disabilities matters in Nigeria. Other international partners include DFID, and USAID.

117.The cooperation is mainly aimed at carrying out reform on disability issues, developing policies and programmes, human and institutional capacity building, public education and awareness, improving the quality and accessibility of services rendered to persons with disabilities, integrating them into the labour market and the society. Government also work with the civil society to develop and implement policies and programmes on disabilities and to enact appropriate legislation.

118.A number of programmes are implemented in partnership with international development partners and non-governmental organizations. For instance, the Joint National Association of Persons with Disabilities (JONAPWD) is implementing a 4-year advocacy project on inclusive basic education for children with disabilities in FCT Abuja, Akwa Ibom and Kwara States with support from USAID through its Strengthening Advocacy and Civil Engagement (SACE) project in Nigeria.

Article 33National implementation and monitoring

119.The Federal Ministry of Humanitarian Affairs, Disaster Management and Social Development is the lead Ministry and the focal point in Nigeria on matters pertaining to persons with disabilities. It works closely with other key departments such as the Federal Ministry of Budget and National Planning and Federal Ministry of Justice. The federal government also has a national coordinating mechanism known as National Working Group on Human Rights Treaty Reporting (NWG). The NWG has the mandate to provide technical assistance to government in the preparation and monitoring of the implementation of acceptable recommendations of treaty monitoring bodies of the African Union and the UN. The National Commission for Persons with Disabilities, which was recently inaugurated will play important role in the monitoring and implementation of the provisions of the Convention.

VII.Conclusion

120.The process of preparing this initial report on the implementation of Nigeria’s obligations under the Convention on the Rights of Persons with Disabilities has afforded the federal and state governments as well as the civil society to carry out a comprehensive audit of policies, programmes and laws relating to the promotion and protection of the rights of persons with disabilities in the country. In spite of government efforts at all levels, we observed the existence of gaps in fulfilling our obligations under the Covenant. Nigeria is however determined and committed to carry out a robust review of its policies, programmes and laws with the aim of ensuring more inclusion of persons with disabilities in all spheres of national life.

121.In this regard, the federal government will continue to partner with state governments, the civil society, international development partners and other critical stakeholders to bring matters relating to the welfare of persons with disabilities to the front burner of national development programmes.