DATE OF
SIGNATURE
S/NO
DATE OF
ACCESSION/
RATIFICATION
REMARKS
REGIONAL
15
Declaration and
Plan of Action on
Control of Illicit
Drug Trafficking
and Abuse in Africa
(2002) (objective 1)
A nontreaty that
does not require
ratification or
accession
16
NEPAD Framework
Document (all
objectives)
A nontreaty that
does not require
ratification or
accession
2001
ii.
Findings of the CRM
164.
As indicated above (table 3.1), the CSAR does not distinguish between
norms and standards in treaties that require ratification and those in other
international and regional agreements that do not require ratification.
This indiscriminate manner of dealing with standards tends to obscure
the different forms of obligations and the required compliance. In this
regard, for example, the CSAR does not indicate Nigeria’s record in
terms of compliance via periodic country reports to the treaty-monitoring
bodies that undertake scrutiny and oversight. This makes measurement of
compliance very difficult.
165.
The CRM established that section 12 of the constitution provides for the
domestication of international agreements of a treaty nature through
their enactment into law by the National Assembly, comprising the Senate
and the House of Representatives. The provision relating to ratification
of treaties fails to reflect the complexity of domestication in Nigeria, as
it omits to mention that, after domestication of treaties by the National
Assembly, the state houses of assembly of each of the 36 states must
further pass laws to enable enforcement or compliance at the state level.
There are therefore situations where a treaty/code/standard is ratified and
domesticated at the federal level (e.g. the Convention on the Rights of the
Child, where a Child Rights Act was passed at the federal level), but has
only been domesticated in 18 states.
166.
Some treaties have also faced undue delay in receiving the necessary
domestication by the National Assembly. A case in point is the Convention
on the Elimination of All Forms of Discrimination against Women (CEDAW).
In such circumstances, the ‘ratification’ or ‘accession’ is rendered
theoretical and of limited applicability.
167.
There are situations where treaties are not formally domesticated by
federal legislation but are listed in the CSAR as ‘domesticated’. A case in
point is the Optional Covenant on International Civil and Political Rights.
168.
Nonratification denies citizens full enjoyment of certain basic rights and
freedoms, as it prevents domestication and effective implementation. There
is no indication that Nigeria has ratified and domesticated the following:
77