Socio-Economic Rights and Accountability Project (SERAP) has asked the Prosecutor, International Criminal Court (ICC), Mrs. Fatou Bensouda, to investigate the problem of 13.2 million children out of school across the country.
In a petition, SERAP asked the ICC to investigate โwhether the problem of out-of-school children in Nigeria, and the failure of the authorities over the years to address it amount to violence against children and crimes against humanity within the jurisdiction of the ICC.โ
In the petition dated July 19, 2019 and signed by SERAP Deputy Director, Kolawole Oluwadare, the organization urged Mrs Bensouda to: โpush for those suspected to be responsible for this problem, including current and former presidents and state governors since 1999, who directly or indirectly have individually and/or collectively breached their special duty toward children, and are therefore complicit in the crime, to be tried by the ICC.
โInvestigating 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 fearโ, it said.
SERAP therefore urged the ICC Prosecutor to: โUrgently commence an investigation proprio motu on the widespread and systematic problem of out-of-school children in Nigeria since the return of democracy in 1999, with a view to determining whether these amount to violence against children and crime against humanity within the Courtโs jurisdiction.
โIn this respect, we also urge you to invite representatives of the Nigerian government to provide written or oral testimony at the seat of the Court, so that the Prosecutor is able to conclude since available information whether there is a reasonable basis for an investigation, and to submit a request to the Pre-Trial Chamber for authorization of an investigation;
โBring to justice those suspected to be responsible for widespread and systematic problem of out-of-school children in Nigeria;
โUrge the Nigerian government to fulfil its obligations under the Rome Statute to cooperate with the ICC; including complying with your requests to arrest and surrender suspected perpetrators of the widespread and systematic crime of leaving millions of Nigerian children out of school, testimony, and provide other support to the ICC and
โCompel 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.โ
SERAP argued that by the conduct of those in authority, the 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 organization recalled that the ICC had stated in the Lubanga case that โthe 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 dignityโ.
The petition further read in part: โThere 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 Courtโs commitment to effectively enforce its Policy on Children and other important statements of international criminal justice.
โPutting 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.
โUnless 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.โ
According to SERAP, โNigeria is a state party to the Rome Statute and deposited its instrument of ratification on 27 September 2001. According to Nigeriaโs Universal Basic Education Commission (UBEC), the population of out-of-school children in Nigeria has risen from 10.5 million to 13.2 million.โ
It said the 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 worldโs out-of-school children is in Nigeria.
It noted however that former Minister of Education Mr Adamu Adamu had put the figure of out-of-school children in Nigeria to be 10,193,918, citing a recent โNational Personnel Auditโ of both public and private schools in the country.
โAccording 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.โ
โGirls 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.โ
โNigerian 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.
SERAP said it is concerned that the problem of out-of-school children is widespread and systematic, cutting across the 36 states of the country and Abuja, and spanning many years since 1999. The problem of out-of-school children has had catastrophic effects on the lives of millions of children, their families and communities, akin to violence against children under the Courtโs Policy, and crimes against humanity as contemplated under the Rome Statue.
โThe Rome Statute in article 7 defines โcrime against humanityโ to include โinhumane acts causing great suffering or injury,โ committed in a widespread or systematic manner against a civilian population. The common denominator of crimes against humanity is that they are grave affronts to human security and dignity.โ
The organization remarked that the consequences of throwing millions of Nigerian children that should be in school out on the street are similar to those of the offences in article 7(1)(k) of the Rome Statute. Senior government officials know well or ought to know that their failure to prevent millions of Nigerian children from roaming the street will expose the children to violence, deny them their human dignity and exacerbate the growing insecurity in the country.
โSERAP notes the launch by your Office in 2016 of the Policy on Children, which aims to send โa firm and consistent message that humanity stands united in its resolve that crimes against children will not be tolerated and that their perpetrators will not go unpunished.โ The Policy aims to assist your Office in its efforts to robustly address these crimes, bearing in mind the rights and best interests of children.โ
โSERAP notes also that at the launch of the Policy you stated among others that, โa crime against a child is an offence against all of humanity; it is an affront to our basic tenets of human decency. Children are our greatest resource, and must be protected from harm so as to reach their full potential. We, at the ICC, intend to play our part through the legal framework of the Rome Statute.
โThis statement is entirely consistent with the UN Convention on the Rights of the Child, to which Nigeria is a state party and shows that children will not be invisible in the exercise of the jurisdiction of the ICC, and that your Office will extend its work to ensure the well-being of children, including millions of out-of-school Nigerian children.
โThe Rome Statuteโs sensitivity towards childrenโs issues is clearly demonstrated in Article 68(1) to the effect that the Court must โhave regard to all relevant factors, including gender and the nature of the crime, in particular, where the crime involves sexual or gender violence or violence against children.โ Under Article 54(1), โthe Prosecutor shall take into account the nature of the crime, in particular where it involves violence against children.
โSERAP considers the apparent failure of successive governments and high-ranking government officials to prevent widespread and systematic problem of out-of-school children as amounting to complicity under the Rome Statuteโ, it stated.
