Verbatim report of proceedings

Thursday, 13 March 2003 - Strasbourg

8. Nigeria: case of Amina Lawal

  President. – The next item is the following six motions for resolution:

- B5-0172/2003 by Mr Karamanou, Mrs Gröner, Mrs Ghilardotti, Mrs Prets, Mr Veltroni and Mr Swoboda, on behalf of the PSE Group, on the case of Amina Lawal, sentenced to death by stoning in Nigeria for adultery;

- B5-0175/2003 by Mrs Maes, Mr Rod and Mrs Lucas, on behalf of the Verts/ALE Group, on the human rights situation in Nigeria and, in particular, the case of Amina Lawal;

- B5-0179/2003 by Mr McCartin, Mr Posselt, Mr Sacrédeus and Mrs Scallon, on behalf of the PPE-DE, Group, on the case of the Nigerian woman, Amina Lawal, sentenced to death by stoning in Nigeria;

- B5-0182/2003 by Mrs Ainardi, Mrs Eriksson, Mrs Morgantini, Mrs Fraisse, Mrs Uca and Mrs Figueiredo, on behalf of the GUE/NGL Group, on Nigeria: the case of Amina Lawal;

- B5-0183/2003 by Mr Collins and Mrs Muscardini, on behalf of the UEN Group, on the case of Amina Lawal in Nigeria;

- B5-0184/2003 by Mrs Sanders-ten Holte and Mr van den Bos, on behalf of the ELDR Group, on the human rights situation in Nigeria and, in particular, the case of Amina Lawal.

  Karamanou (PSE). – (EL) Mr President, Commissioner, the subject of women sentenced to death by stoning in Nigeria, which has outraged public opinion worldwide, was debated here in the House last September. And yet, Commissioner, ours was a voice crying in the wilderness.

Amina Lawal, the unfortunate woman who committed the heinous crime of believing that she has a right of self-determination over her own body, is due to appear before the Sharia court of appeal on 25 March. Under Islamic law, she is guilty of treason. How can this happen in the 21st century and be ignored by the powers that be on the planet? What a pity the Commissioner is not listening. How, Commissioner, can women’s fundamental freedoms and rights be so violently, so rudely infringed, and be left to lobbying by women’s organisations, public opinion and the media? What has the political leadership of the European Union done, what have the Commission and the Council done? What sanctions have we imposed on Nigeria, a country with which we have economic and commercial ties? What purpose do clauses about respecting women’s human rights in the Cotonou Agreement serve, Commissioner, if there are no sanctions? Finally, does Nigeria have a secular, democratic regime or a theocracy? Does the country have a government or is it ruled by mullahs?

  President. – Mr Karamanou, I do not know whether Commissioner Fischler understands Greek too. I am asking this because I can see that he is not wearing his earphones.

  Karamanou (PSE). – (EL) Mr President, I have almost finished my intervention; the Commissioner has not listened to a word I said and is not therefore in a position to answer the questions I have put to him. My intervention took the form a series of questions to the European leadership, which has done absolutely nothing to stop the crimes being committed against women in Nigeria. Nigeria is a signatory to the Cotonou Agreement, which contains clauses about respecting human rights and women’s rights and yet, as far as the Commission is concerned, it is a case of out of sight out of mind. The political leadership has done nothing whatsoever and the entire matter has been left to the loyalty of women’s organisations and the media; in other words, to pressure from global public opinion. This pressure is very strong and it does bring in results but, in the final analysis, the European political leadership also needs to do something and insist that the Nigerian Government do what it should to protect women’s rights in Nigeria.

And I also have this to say to you, Commissioner: in the final analysis, what is Nigeria? A democratic regime, a secular regime or a theocracy? Because on 25 March, Amina Lawal’s case will be heard before the Sharia court of appeal. We are out of our minds with worry. We have no idea what is happening in Nigeria. Three years ago, we were celebrating the return of democracy to Nigeria and a democratically elected government. And yet this government is completely incapable of imposing the constitution and the law on the country. The mullahs rule the country and are sentencing women to death by stoning for allegedly engaging in sex outside marriage.

We want the Commission and the Council to intervene at once. The leadership must take a stand against these issues. That is what we are asking of you, Commissioner.

(Applause)

  President. – Mr Karamanou, I have given you a lot of speaking time, firstly because I feel it was impolite of the Commissioner not to listen to you while you were putting questions to him – admittedly, the Commissioner does have a written text prepared beforehand, but it is always polite to listen – and, secondly, because the Chairman of the Committee on Women’s Rights and Equal Opportunities was talking.

  Maes (Verts/ALE). – (NL) Mr President, Commissioner. You will understand that this is a matter that concerns us greatly and I also endorse, not only the indignation of Mrs Karamanlis because of the colloques singuliers organised at your bank and for which you as Commissioner are not always responsible, but I also endorse the content. Thanks to the international campaign, we were able to help Safya Hoesseini escape the stoning to which she was convicted even though she had been raped. She was, however, spared on procedural grounds and that means that the danger has certainly not gone away for Amina Lawal, who was granted an appeal on 19 August and whose sentence will probably be reconfirmed on 25 March. So you still have a little time, Commissioner.

She was convicted in Katsina, one of the twelve northern regions where Sharia has come into force during the past 3 years. The death penalty, mutilation of women and flogging and the prevailing discrimination that accompanies these things have become common practices. This immediately renders the Constitution of Nigeria, the Universal Declaration of Human Rights and all other treaties that Nigeria has ratified dead letters.

Presidential elections are being held in Nigeria in a couple of weeks. Rioting associated with the introduction of Sharia has already claimed a couple of thousand victims. Recently 220 people were killed in riots surrounding a beauty contest. The atmosphere is defined by economic crisis, unemployment, lack of security and widespread corruption. There is, alas, a huge danger of civil war in this enormous and densely populated African country. And here we are voting on another resolution. Commissioner, we did that on 15 February 2001, 15 November 2001, 11 April 2002, September 2002 and the ACP did that on 21 March 2001. So now we are going to vote on yet another resolution but, like Mrs Karamanou, I call on you to take real action, not only to save the life of this unfortunate woman, but also to save this densely populated African country from bloody conflicts that could create thousands of victims.

(Applause)

  McCartin(PPE-DE). – Mr President, I read about this case last year and did the only thing that I could do. I raised it in my group. We discussed it in the group and with other groups in this Parliament and passed a motion for a resolution on the plight of Amina Lawal. The motion clearly sets out what we believe the government of Nigeria must do, in accordance with its international obligations and the requirements of its own federal constitution. It must use its legitimate power to protect Amina Lawal and other Nigerian women in similar situations from this cruel, degrading and inhumane treatment under Sharia law.

We recognise the sovereignty of the Nigerian people and their federal government and we are increasingly aware that there is a global community and every citizen of the global community is entitled to our solidarity and respect. I remember that when the Berlin Wall came down an African leader lamented the fact that the European Union had now turned to the East like a man looking at a gorgeous new girl that had appeared and Africa was going to be forgotten and left on the shelf.

When we have completed the process of enlargement, we will be economically and politically more powerful. We can return our attention to Africa and, while recognising the sovereignty of the African nations, we have to say that there will be conditions attached to our development aid. We must remember this and similar cases and the plight of all women under Sharia law in the African continent.

We are not trying to impose our will on any sovereign state, but we will tell them that there is a price to pay. Africa needs our help and we will give it generously, but Africa must reciprocate by treating its citizens humanely.

  Morgantini (GUE/NGL). – (IT) Mr President, there are too many resolutions which have not been acted upon, and sometimes we too, as Members of Parliament, are guilty of thinking we have resolved a problem just by producing a resolution. I, however, am a woman, and among my role models are women who, because they had the courage to speak out or the desire to laugh or love, were barbarously tortured and burned alive in the name of God by the cruelty of pious, religious Christians.

Nonetheless, religious practices, cultures and traditions can be changed. I come from a country where the crime of honour continued to exist even after the war, a country which only recognised rape as a crime against the individual in the seventies, when the feminist movement was in its heyday. Today, we women are still the victims of discrimination in Europe, our sexuality is commoditised, but our right to exist has been won. However, the suffering and injustice suffered by women and people all over the world seem to scourge our bodies and rend our souls now as never before. Once again, in the name of a God who is presented as all-powerful and merciful, religions, traditions and cultures mutilate bodies, stone people to death, impose arranged marriages and mutilate the bodies of innocent children with infibulation.

We must prevent the killing of Amina Lawal, a woman who has dared to love and is condemned to being stoned to death for having a child out of wedlock. We must prevent religion, when it abuses human rights, whether the victim is a man or a woman, being used as a law, even a law which is secondary to the laws of the State. The Federal Republic of Nigeria has ratified the international human rights conventions. These conventions must have more than just theoretical significance: they must be observed and enforced in practice.

Nigeria has even adopted a Constitution which guarantees the right to freedom without torture or punishment. On a number of occasions, President Obasanjo has stated that he is opposed to the death penalty being applied on the basis of Sharia law, but he cannot keep up these double standards forever. It is true that the issues are complex, but now, the lives of many men and women are at stake – today, it is the life of Amina Lawal, yesterday, it was the life of Safiya Hussaini. Yet how many other women and how many men are lying in prison or are charged and hanged?

The European Union – and we personally – must make a total commitment not just to preventing Amina Lawal’s death but to ensuring that the international agreements are genuinely ratified. We must therefore compel the Nigerian Government to act on its undertaking and provide all possible assistance, prevent Amina’s death and guarantee that a similar sentence is never pronounced again.

I genuinely believe that it is extremely important for there not to be double standards. We must start from our basic principle, from the fact that it is essential for us too, here, to respect human rights – with regard to immigrants and many others – and so we must do everything possible to ensure that no more people die.

  Maaten (ELDR). – (NL) Mr President, in September last year Parliament adopted a resolution condemning the sentencing to death of Ms Amina Lawal. Since then there has been strong international pressure from all sides to help Ms Lawal, and rightly so. Of course, her case is exceptionally harrowing: a mother facing the death penalty.

The Lawal case been seen as a test case in and outside Nigeria. Nigeria has no state religion and that is how it should remain. Carrying out this death sentence would be a signal that different laws apply to Muslims in Nigeria than to Christians and that cannot be allowed. The impression must also not be allowed to be created that violation of human rights and the death penalty are acceptable. The Nigerian Government must ensure that they comply with international obligations in the area of human rights.

In less than two weeks Ms Lawal’s appeal against her inhuman punishment comes up. Hopefully she will win that appeal, but if not, I would like to remind President Olusegun Obasanjo of his own words. In January of this year, at the time of the riots around the Miss World contest, he said and I quote: ‘no one will be stoned in my country’.

My appeal to him is simple: keep your word. The Nigerian Government has sufficient means to prevent this case from ending in tragedy. We wait to see how the Nigerian Government will act after the appeal on 25 March. We in Parliament regard human rights as a cornerstone of good relations between the European Union and other countries. I express the hope now that the Lawal case will not bring dark clouds over relations between the Union and Nigeria.

Finally, Mr President, President Obasanjo was grateful to receive the Freedom Prize of the Liberal International a few years ago before he became president of that country. Let him now continue to behave in keeping with that.

IN THE CHAIR: MRS LALUMIÈRE
Vice-President

  Tannock (PPE-DE). – Madam President, Amina Lawal, an illiterate 31-year old Nigerian woman, is preparing to face death for the crime of adultery. She claims she was raped by a friend and subsequently she bore a child. The sentence of death by stoning, which is carried out by burying her alive up to her neck and then inviting onlookers to stone her, was delayed until after the birth of her child. There are claims by locals that members of the local Sharia Court which tried her, have themselves had adulterous relationships which on occasions have resulted in the birth of children.

Sharia has recently been introduced in parts of Nigeria as part of a process of Islamicisation. Christian groups have been critical of the Nigerian Government's failure to affirm that such punishments are contrary to the federal constitution, although President Obasanjo has said that he will weep if the verdict is carried out. The sentence has been delayed until 2004 to allow her to wean her child.

Nigeria will unquestionably be in my opinion in violation of a number of international treaty obligations including the Convention against Torture and the UN Convenant on Civil and Political Rights, to which it is a signatory. Even in Iran, there has been no stoning for almost two years now, with the most senior judge recently declaring the punishment illegal.

This is not about the death penalty per se, which remains legal in international law for the most serious crimes. It is about a disproportionate and gratuitously cruel punishment against a young mother. It is not a feminist issue either. Nigeria must understand that its relationship with the civilised world will not remain the same if the sentence is carried out and I for one will advocate expulsion from the Commonwealth and an immediate programme of selective sanctions and travel bans on Nigeria's leaders.

I would also call on the Greek presidency of the Council to summon the Nigerian Ambassador and make plain to him the feelings we hold so strongly in this House against such an unjust punishment.

(Applause)

  Sauquillo Pérez del Arco (PSE). – (ES) Madam President, the cases of stoning in the States of Northern Nigeria, based on the application of Sharia law by Islamic courts, are a flagrant violation of human rights which we must condemn with all our energy, as Mrs Karamanou has done very effectively this afternoon, on behalf of our European Parliament.

Firstly because we cannot accept the death penalty and secondly because the application of Sharia law affects defenceless women, accused of actions, such as adultery, which cannot be considered crimes; and thirdly because, furthermore, in the case of Amina Lawal, she has not received the least legal guarantees during the trial.

The case of Amina Lawal is dramatic and urgent because, following several postponements, the sentence is imminent: 25 March. But it is not the only case, Sarimu Mohamed, Safiya Hussaini, Bariya Ibrahima and Adama Yunusa have also been sentenced to prison following a series of international campaigns to prevent these stonings. In none of these cases have any of the men involved in the adultery been punished.

The vulnerability of women under Islamic criminal law, torture and the degrading treatment they suffer represent an unacceptable violation of human rights and this should be reflected in the European Union’s relations with Nigeria and with any other country that applies the Sharia.

Nigeria has one of the highest rates of illiteracy in the world. There are ritual mutilations, there are millions of people displaced for religious reasons and Islamic law is applied in certain States, clearly discriminating against a section of the population, and there is no reaction from the central government.

The European Union, in accordance with the Treaties, which clearly lay down the principles governing our relations with third countries, and despite Nigerian oil, must use all its diplomatic powers to prevent the application of the death penalty imposed on Amina Lawal and condemn all the consequences of the possible stoning.

More than a million and a half people have protested to the Nigerian authorities and, thanks to this popular action, other stonings have been prevented, but the issue at the moment is to save Amina Lawal and to this end Sharia law must be abolished and, where necessary, hunted down.

  Sandbæk (EDD). – (DA) Madam President, the stoning of women must be stopped now. It is outrageous that there should still be places in the world in which the stoning of women is a lawful and accepted form of death penalty. The Amina Lawal case again makes it necessary to take every possible measure to emphasise the EU’s rejection of such barbaric and inhumane methods. Nigeria is not the only country in the world in which such cruelties take place. Stoning must of course be banned in every country of the world, but let the obviously appalling case of Amina Lawal be an opportunity to register our unshakeable opposition to the stoning of women. In Nigeria, the difference between nationally and regionally applicable legislation must be brought to an end. It is shocking that there should be no guarantee of Amina Lawal’s ever appearing before a national court, even though the Nigerian Constitution guarantees her life and dignity. It is important for us here in the European Parliament to take the opportunity we have to express our abhorrence and to keep exerting pressure on Nigerian society, for it is not merely an issue of the completely unacceptable discrimination between men and women that is the result of Sharia law in a range of countries, but an issue of ordinary humanity and decency. There is still a long and tough struggle to be undertaken to ensure that human rights are both accepted and observed in every country of the world.

  Scallon (PPE-DE). – Madam President, I welcome this joint resolution on behalf of Amina Lawal Kurami. This is the second time we will adopt a resolution on behalf of Amina Lawal. I have no doubt that the first, in September 2002, contributed greatly to the international appeal for mercy that has helped to ensure her safety thus far. I was asked at that time to launch an appeal on her behalf. I would like to thank the thousands of people who responded, both in 2002 and to the recent appeal within the past weeks. I also thank the European office dealing with human rights in Nigeria.

To be condemned to death by stoning for having a child out of wedlock is a breach of internationally agreed human rights. I realise that this execution is not the wish of the Nigerian Government. I thank in particular the Nigerian Ambassador to Ireland, His Excellency Mr Elias Nathan, who has publicly appealed for mercy on behalf of this mother.

We call on the Upper Sharia Court of Appeal of Katsina to respect and uphold the international human rights agreements that Nigeria has signed up to and to ensure that any Sharia law in breach of these rights is repealed. Regional legislation must be in keeping with the international laws in place nationally in Nigeria. I am aware that Mrs Lawal has not been restrained or held in detention since her sentencing in March 2002. I am grateful for that. But we can only imagine the trauma that she has suffered with a death sentence hanging over her head throughout the past year. Certainly she has been sick and has gone to several hospitals for treatment during this difficult time.

Even though Amina Lawal would have the right to appeal her verdict before a non-religious court, she has suffered enough. I appeal for mercy and assurance that she will not be executed under any circumstance. We must also remember that she is not the only woman in these circumstances.

When I was asked to launch an appeal on behalf of Safiya Husseini for a similar offence I was informed that at least four women were awaiting the same sentence – Amina Lawal was one of them – and that young boys from 12 to 16 years of age were awaiting amputation of their hands for theft. Whilst we respect national sovereignty there is a better way forward for Nigeria and its people. We call for an immediate and lasting response to our parliamentary resolution.

  Gillig (PSE). – (FR) Madam President, once again Parliament is led to, and strongly obliged to condemn the appalling situation of a woman named Amina Lawal, who has been sentenced to death by stoning in Nigeria for having exercised her freedom.

What can I say, what can I add to all that has just been said by my fellow Members, except to reiterate my condemnation of the appalling situation of a woman which justifies as still necessary the fighting that takes place on international women’s days. This intolerable situation forces us to restate our radical opposition to the death penalty and forces us to remember that a court of justice, whether in Nigeria or in any State in the world, cannot be based on religious principles and deny all the principles relating to absolute respect for human rights and respect for human dignity. This, I am sad to say, echoes the obscurantism of the Middle Ages that our countries also experienced. We must condemn again and again this intolerable situation of a woman, confirming the importance we attach to the principle of secularity as the principle of major organisation in modern, democratic States.

Madam President, Commissioner, the Nigerian Government should declare that the application of the Sharia by a regional court of justice is counter to the Constitution of its country. In this regard, we would remind it, in particular, that respect for human rights is a fundamental element of the agreements concluded with third countries. Apart from the situation of Amina Lawal in Nigeria, all those men and women in the world whose fundamental rights are denied expect the European Union to turn the resolutions that we adopt, sitting after sitting, in this House, into action. I also fully agree with the questions raised by Mrs Karamanou. Apart from adopting resolutions, Commissioner – although this is also addressed to the representatives of the Council – what are we actually doing?

  Sacrédeus (PPE-DE). (SV) Madam President, we are concerned here with saving the life of an innocent person and with a completely unfair judgment. What, however, is also at issue – and I am addressing Commissioner Fischler at this point – is getting to grips with Sharia law and the Islamicisation of parts of Central Africa where this case is one among many and where we can expect incidents of this kind to be repeated again and again. It is a matter of questioning clearly, steadfastly, patiently and consistently whether Sharia law really is compatible with human rights and the UN Convention on Human Rights.

We are a group of MEPs who have written to Nigeria’s embassies throughout the European Union and in the rest of the world and asked them to attend to this case. We must do everything possible to influence Nigeria’s Supreme Court. As stated in the resolution, we must also address the issue of its becoming possible for all Nigerians to enjoy the same rights and the same protection under the Constitution, irrespective of whether they are Muslims or Christians or members of another faith or of none. We must also be able to question whether it is reasonable for Sharia law to be so fundamentally at odds with international law and human dignity. We must do everything possible to ask the following question: where, among believing Muslims, are the voices in Africa and Europe saying that this situation is incompatible with what needs to be at the heart of all religious faith, namely love and tolerance?

  Fischler, Commission. – (DE) Madam President, honourable Members, the Commission does, of course, share Parliament's concerns about the sort of punishments inflicted in northern Nigeria under Sharia law. In a whole array of cases, among them that of Amina Lawal, the Commission has made representations to the Nigerian Government, and our President Prodi himself has made a direct approach to President Obasanjo, who has also expressed his opposition to these punishments and pointed out that every complainant has the right to take his or her case to the Supreme Court.

The Commission also welcomes the statement made last year by the Nigerian Minister of Justice, to the effect that it was not right to discriminate against Muslims by imposing different sentences on them for one and the same crime. As various Members of this House have already mentioned, Amina Lawal's appeal is due to be heard on 25 March. Amina Lawal has been allowed legal counsel and will also have the opportunity to take her appeal to an even higher court if necessary.

We are, through our delegation in Abuja, following the progress of this case as closely as possible, but we refrain from direct references to cases that are still sub judice, preferring to bring pressure on the Nigerian federal government to at last abolish the death penalty for all offences.

Sharia law is a complex and delicate issue in Nigeria. The position is also very problematic in terms of constitutional law, because the state's Sharia law is in contravention of both the constitution and the international obligations entered into by the Nigerian federal government.

Socially speaking, Nigeria is divided between the Muslim north and the Christian south, and the elections that are to be held next year mean that the issue is politically highly charged and very sensitive.

A study funded by the Commission has concluded that Sharia's application in criminal law is made even more problematic by the fact that the criminal laws are badly framed and applied without consistency by poorly trained judges.

The EU has elaborated a Common Position on human rights issues in Nigeria, drafted representations by the Troika on the death penalty, and made an official statement to the Commission on Human Rights.

The closest possible attention is being paid to Nigeria's adherence to the principles of the Cotonou Agreement. The Commission is also itself immediately involved and, last year, concluded with Nigeria a Country Strategy Paper and a cooperation programme with Nigeria, key areas of which include human rights and good governance, and in which provision is also made for support to be given to civil society.

Nigeria is, moreover, one of the focus countries of the European Initiative for Democracy and Human Rights, and a range of projects in support of governmental and judicial reform is shortly to be adopted. It is in this way that we hope to be able to have a positive influence on the way in which the Nigerian federal government and Nigeria's federal states understand and put into practice fundamental human rights, under which influence it is to be hoped that things will take a turn for the better.

(Applause)

  President. – Thank you Commissioner.

The debate is closed.

The vote will take place in a moment.