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

Select target paragraph3