{"id":67760,"date":"2019-07-21T15:54:46","date_gmt":"2019-07-21T14:54:46","guid":{"rendered":"http:\/\/pointblanknews.com\/pbn\/?p=67760"},"modified":"2019-07-21T15:54:46","modified_gmt":"2019-07-21T14:54:46","slug":"serap-drags-senior-nigerian-officials-to-icc-for-leaving-13-2-million-children-out-of-school","status":"publish","type":"post","link":"https:\/\/pointblanknews.com\/pbn\/news\/serap-drags-senior-nigerian-officials-to-icc-for-leaving-13-2-million-children-out-of-school\/","title":{"rendered":"SERAP drags senior Nigerian officials to ICC ‘for leaving 13.2 million\u00a0 children out of school’"},"content":{"rendered":"
\n

Socio-Economic Rights and Accountability Project (SERAP) has sent a<\/p>\n

\n
petition to Mrs. Fatou Bensouda, Prosecutor, International Criminal
\nCourt (ICC), urging her to use her “good offices to investigate whether
\nthe problem of out-of-school children in Nigeria, and the failure of the
\nNigerian authorities over the years to address it amount to violence
\nagainst children and crimes against humanity within the jurisdiction of
\nthe ICC.”<\/p>\n

The organization urged Mrs Bensouda to: “push for those suspected to be
\nresponsible for this problem, including current and former presidents
\nand state governors since 1999, who directly or indirectly have
\nindividually and\/or collectively breached their special duty toward
\nchildren, and are therefore complicit in the crime, to be tried by the
\nICC.”<\/p>\n

In the petition dated 19 July 2019 and signed by SERAP deputy director
\nKolawole Oluwadare, the organization said: “Investigating and
\nprosecuting high-ranking Nigerian officials and providing reparations to
\nvictims will contribute to serving the best interests of Nigerian
\nchildren, the most vulnerable citizens in our country, and ending the
\nimpunity that is denying them their right to education and a life free
\nof violence and fear.”<\/p>\n

SERAP said: “These out-of-school Nigerian children have been exposed to
\nreal danger, violence and even untimely death. Senior Nigerian
\npoliticians since 1999 have failed to understand the seriousness of the
\ncrime of leaving millions of children out of school, and have made an
\nessential contribution to the commission of the crime.”<\/p>\n

SERAP also said: “The ICC has stated in the Lubanga case that the
\ninterruption, delay and denial of the right of children to education is
\na crime within the jurisdiction of the Court. SERAP believes that the
\nreality for children living in the Ituri region of the Democratic
\nRepublic of the Congo is similar to the reality faced by millions of
\nout-of-school children in Nigeria, as the situation is depriving an
\nentire generation of children of their right to education and human
\ndignity.”<\/p>\n

The petition read in part: “There is no immunity for crimes under the
\nRome Statute. The crime of leaving millions of Nigerian children out of
\nschool is an opportunity for your Office to show the Court’s commitment
\nto effectively enforce its Policy on Children and other important
\nstatements of international criminal justice.”<\/p>\n

“Putting millions of Nigerian children that should be in school on the
\nstreet exposes them to violence, including sexual violence, gender
\nviolence, abduction, and other forms of exploitation and violence
\nagainst children, and implicitly amounts to enslavement, trafficking of
\nchildren, and ill-treatment, three of the eleven acts that may amount to
\na crime against humanity under the Rome Statute.”<\/p>\n

“Unless the ICC declares the problem of over 13 million out-of-school
\nNigerian children as violence against children and crime against
\nhumanity, and hold those suspected to be responsible since 1999 to
\naccount, the number of out-of-school children will continue to rise, and
\nthese children may never receive any formal education at all.”<\/p>\n

“Nigeria is a state party to the Rome Statute and deposited its
\ninstrument of ratification on 27 September 2001. According to Nigeria’s
\nUniversal Basic Education Commission (UBEC), the population of
\nout-of-school children in Nigeria has risen from 10.5 million to 13.2
\nmillion.”<\/p>\n

“This figure is based on a joint survey conducted in 2015 by the United
\nNations Children Fund (UNICEF) and the Nigerian government. Data by the
\nUNICEF also shows that one in every five of the world’s out-of-school
\nchildren is in Nigeria. However, Nigeria’s former Minister of Education
\nMr Adamu Adamu has suggested the figure of out-of-school children in
\nNigeria to be 10,193,918, citing a recent ‘National Personnel Audit’ of
\nboth public and private schools in the country.”<\/p>\n

“According to the former Minister of Education, all of the 36 states in
\nNigeria are affected by the problem of out-of-school children but the
\nproblem is more widespread and systematic in the following states: Kano,
\nAkwa Ibom, Katsina, Kaduna, Taraba, Sokoto, Yobe, Zamfara, Oyo, Benue,
\nJigawa and Ebonyi states.”<\/p>\n

“Girls are disproportionately represented among out-of-school children.
\nIn north-eastern Nigeria alone, 2.8 million children are in need of
\neducation-in-emergencies support in three conflict-affected States
\n(Borno, Yobe, Adamawa). In these States, at least 802 schools remain
\nclosed and 497 classrooms are listed as destroyed, with another 1,392
\ndamaged but repairable.”<\/p>\n

“Under Nigerian law and international human rights treaties to which
\nNigeria is a state party, the Nigerian authorities at both the Federal
\nand State levels have a legally binding obligation to immediately
\nprovide free, universal quality primary education for all Nigerian
\nchildren, and to progressively provide education at all other levels
\nwithout discrimination.”<\/p>\n

“Nigerian authorities over the years have restricted educational
\nopportunities for children with disabilities including by failing to
\nprovide equipment such as hearing aids, ramps to school buildings,
\nwheelchairs, crutches, glasses and surgery to children in need, and
\nfailing to address educational challenges facing children with
\ndisabilities, in general.<\/p>\n

“SERAP notes the launch by your Office in 2016 of the Policy on
\nChildren, which aims to send ‘a firm and consistent message that
\nhumanity stands united in its resolve that crimes against children will
\nnot be tolerated and that their perpetrators will not go unpunished.’
\nThe Policy aims to assist your Office in its efforts to robustly address
\nthese crimes, bearing in mind the rights and best interests of
\nchildren.”<\/p>\n

“SERAP notes also that at the launch of the Policy you stated among
\nothers that, ‘a crime against a child is an offence against all of
\nhumanity; it is an affront to our basic tenets of human decency.
\nChildren are our greatest resource, and must be protected from harm so
\nas to reach their full potential.\u00a0 We, at the ICC, intend to play our
\npart through the legal framework of the Rome Statute’.”<\/p>\n

“This statement is entirely consistent with the UN Convention on the
\nRights of the Child, to which Nigeria is a state party and shows that
\nchildren will not be invisible in the exercise of the jurisdiction of
\nthe ICC, and that your Office will extend its work to ensure the
\nwell-being of children, including millions of out-of-school Nigerian
\nchildren.”<\/p>\n

“The Rome Statute’s sensitivity towards children’s issues is clearly
\ndemonstrated in Article 68(1) to the effect that the Court must ‘have
\nregard to all relevant factors, including gender and the nature of the
\ncrime, in particular, where the crime involves sexual or gender violence
\nor violence against children.’ Under Article 54(1), ‘the Prosecutor
\nshall take into account the nature of the crime, in particular where it
\ninvolves violence against children.'”<\/p>\n

“SERAP is seriously concerned that the problem of out-of-school children
\nis widespread and systematic, cutting across the 36 states of the
\ncountry and Abuja, and spanning many years since 1999. The problem of
\nout-of-school children has had catastrophic effects on the lives of
\nmillions of children, their families and communities, akin to violence
\nagainst children under the Court’s Policy, and crimes against humanity
\nas contemplated under the Rome Statue.”<\/p>\n

“The Rome Statute in article 7 defines “crime against humanity” to
\ninclude “inhumane acts causing great suffering or injury,” committed in
\na widespread or systematic manner against a civilian population. The
\ncommon denominator of crimes against humanity is that they are grave
\naffronts to human security and dignity.”<\/p>\n

“The consequences of throwing millions of Nigerian children that should
\nbe in school out on the street are similar to those of the offences in
\narticle 7(1)(k) of the Rome Statute. Senior government officials know
\nwell or ought to know that their failure to prevent millions of Nigerian
\nchildren from roaming the street will expose the children to violence,
\ndeny them their human dignity and exacerbate the growing insecurity in
\nthe country.”<\/p>\n

“SERAP considers the apparent failure of successive governments and
\nhigh-ranking government officials to prevent widespread and systematic
\nproblem of out-of-school children as amounting to complicity under the
\nRome Statute.”<\/p>\n

“This crime against Nigerian children has continued to rob our children
\nof their innocence, childhood, and often, tragically, resulted in their
\nuntimely deaths, denying Nigeria of its future potential and of its
\ngreatest resource.”<\/p>\n

“The national authorities of the Court’s States Parties form the first
\nline of defense in addressing the crimes against children, as they
\nshoulder the primary responsibility for the investigation and
\nprosecution of perpetrators of the crimes. But successive governments in
\nNigeria have been unwilling or unable to address the problem of
\nout-of-school children, and end the crime against humanity.”<\/p>\n

“SERAP believes that substantial grounds exist to warrant the
\nintervention of the Prosecutor in this case. Pursuant to the Rome
\nStatute, the Prosecutor has power to intervene in a situation under the
\njurisdiction of the Court if the Security Council or states parties
\nrefer a situation or if information is provided from other sources such
\nas the information SERAP is providing in this case.<\/p>\n

SERAP therefore urged the ICC Prosecutor to:<\/p>\n

Urgently commence an investigation proprio motu on the widespread and
\nsystematic problem of out-of-school children in Nigeria since the return
\nof democracy in 1999, with a view to determining whether these amount to
\nviolence against children and crime against humanity within the Court’s
\njurisdiction. In this respect, we also urge you to invite
\nrepresentatives of the Nigerian government to provide written or oral
\ntestimony at the seat of the Court, so that the Prosecutor is able to
\nconclude since available information whether there is a reasonable basis
\nfor an investigation, and to submit a request to the Pre-Trial Chamber
\nfor authorization of an investigation;
\nBring to justice those suspected to be responsible for widespread and
\nsystematic problem of out-of-school children in Nigeria;
\nUrge the Nigerian government to fulfil its obligations under the Rome
\nStatute to cooperate with the ICC; including complying with your
\nrequests to arrest and surrender suspected perpetrators of the
\nwidespread and systematic crime of leaving millions of Nigerian children
\nout of school, testimony, and provide other support to the ICC
\nCompel the Nigerian authorities at the Federal and State levels to
\nensure that millions of out-of-school children are afforded their right
\nto education, access to justice, and ensure reparations to victims,
\nincluding restitution, compensation, rehabilitation and guarantee of
\nnon-repetition<\/p><\/div>\n<\/div>\n

<\/div>\n<\/div>\n
\n
<\/div>\n<\/div>\n
\n
<\/div>\n<\/div>\n
<\/div>\n","protected":false},"excerpt":{"rendered":"

Socio-Economic Rights and Accountability Project (SERAP) has sent a petition to Mrs. Fatou Bensouda, Prosecutor, International Criminal Court (ICC), urging her to use her “good offices to investigate whether the…<\/p>\n","protected":false},"author":1,"featured_media":56720,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"_lmt_disableupdate":"","_lmt_disable":"","footnotes":""},"categories":[5],"tags":[],"class_list":["post-67760","post","type-post","status-publish","format-standard","has-post-thumbnail","hentry","category-news"],"yoast_head":"\nSERAP drags senior Nigerian officials to ICC 'for leaving 13.2 million\u00a0 children out of school' - Pointblank News<\/title>\n<meta name=\"robots\" content=\"index, follow, max-snippet:-1, max-image-preview:large, max-video-preview:-1\" \/>\n<link rel=\"canonical\" href=\"https:\/\/pointblanknews.com\/pbn\/news\/serap-drags-senior-nigerian-officials-to-icc-for-leaving-13-2-million-children-out-of-school\/\" \/>\n<meta property=\"og:locale\" content=\"en_US\" \/>\n<meta property=\"og:type\" content=\"article\" \/>\n<meta property=\"og:title\" content=\"SERAP drags senior Nigerian officials to ICC 'for leaving 13.2 million\u00a0 children out of school' - 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