The Socio-Economic Rights and Accountability Project (SERAP) at the weekend requested the International Criminal Court (ICC), to investigate whether the problem of out-of-school children in Nigeria, and the failure of the Nigerian authorities over the years to address it amount to violence against children and crimes against humanity within the jurisdiction of the ICC.
In a petition addressed to the prosecutor of ICC, Mrs. Fatou Bensouda, SERAP is urging her to bring to justice those suspected to be responsible for widespread and systematic problem of out-of-school children in Nigerian
It also wants the Nigerian government to fulfill its obligations under the Rome Statute to cooperate with the ICC and compel the Nigerian authorities at the Federal and State levels to ensure that millions of out-of-school children are afforded their right to education, access to justice, and ensure reparations to victims, including restitution, compensation, rehabilitation and guarantee of non-repetition
In the petition dated 19 July 2019 and signed by SERAP Deputy Director, Kolawole Oluwadare, the organization said: “Investigating and prosecuting high-ranking Nigerian officials and providing reparations to victims will contribute to serving the best interests of Nigerian children, the most vulnerable citizens in our country, and ending the impunity that is denying them their right to education and a life free of violence and fear.”
SERAP said: “These out-of-school Nigerian children have been exposed to real danger, violence and even untimely death.
“Senior Nigerian politicians since 1999 have failed to understand the seriousness of the crime of leaving millions of children out of school, and have made an essential contribution to the commission of the crime.
“The ICC has stated in the Lubanga case that the interruption, delay and denial of the right of children to education is a crime within the jurisdiction of the Court.
“SERAP believes that the reality for children living in the Ituri region of the Democratic Republic of the Congo is similar to the reality faced by millions of out-of-school children in Nigeria, as the situation is depriving an entire generation of children of their right to education and human dignity.”
The petition reads in part: “There is no immunity for crimes under the Rome Statute.
“The crime of leaving millions of Nigerian children out of school is an opportunity for your Office to show the Court’s commitment to effectively enforce its Policy on Children and other important statements of international criminal justice.
“Putting millions of Nigerian children that should be in school on the street exposes them to violence, including sexual violence, gender violence, abduction, and other forms of exploitation and violence against children, and implicitly amounts to enslavement, trafficking of children, and ill-treatment, three of the eleven acts that may amount to a crime against humanity under the Rome Statute.
“Unless the ICC declares the problem of over 13 million out-of-school Nigerian children as violence against children and crime against humanity, and hold those suspected to be responsible since 1999 to account, the number of out-of-school children will continue to rise, and these children may never receive any formal education at all.
“Nigeria is a state party to the Rome Statute and deposited its instrument of ratification on 27 September 2001. According to Nigeria’s Universal Basic Education Commission (UBEC), the population of out-of-school children in Nigeria has risen from 10.5 million to 13.2 million.
“This figure is based on a joint survey conducted in 2015 by the United Nations Children Fund (UNICEF) and the Nigerian government.
“Data by the UNICEF also shows that one in every five of the world’s out-of-school children is in Nigeria.
“However, Nigeria’s former Minister of Education Mr Adamu Adamu has suggested the figure of out-of-school children in Nigeria to be 10,193,918, citing a recent ‘National Personnel Audit’ of both public and private schools in the country.
“According to the former Minister of Education, all of the 36 states in Nigeria are affected by the problem of out-of-school children but the problem is more widespread and systematic in the following states: Kano, Akwa Ibom, Katsina, Kaduna, Taraba, Sokoto, Yobe, Zamfara, Oyo, Benue, Jigawa and Ebonyi states.
“Girls are disproportionately represented among out-of-school children.
“In north-eastern Nigeria alone, 2.8 million children are in need of education-in-emergencies support in three conflict-affected States (Borno, Yobe, Adamawa).
“In these States, at least 802 schools remain closed and 497 classrooms are listed as destroyed, with another 1,392 damaged but repairable.
“Under Nigerian law and international human rights treaties to which Nigeria is a state party, the Nigerian authorities at both the Federal and State levels have a legally binding obligation to immediately provide free, universal quality primary education for all Nigerian children, and to progressively provide education at all other levels without discrimination.
“Nigerian authorities over the years have restricted educational opportunities for children with disabilities including by failing to provide equipment such as hearing aids, ramps to school buildings, wheelchairs, crutches, glasses and surgery to children in need, and failing to address educational challenges facing children with disabilities, in general.
