Back in October 2001, 35-year old Safiya Hussaini was condemned to
death, by stoning, for allegedly committing adultery. International outcry
led by Amnesty International (the Merton Amnesty Group campaigned for
Safiya - see campaign
archive) helped save her life; she was acquitted on technical grounds
by an appeal court.
Now 30-year old Amina Lawal (right) faces the same death sentence.
Amina Lawal was sentenced to death by stoning by a Regional Court in
Katsina State, Nigeria for having a child outside marriage. Her sentence
was announced on 23 March 2002, three days before the day of Safiya's
acquittal.
Amina Lawal's Case - Her Trial and Sentence
When unmarried, Amina became pregnant. Local villagers had her arrested
and she was brought before a Regional Court where she was charged with the
crime of adultery. Like Safiya, she had no legal representation and there
are serious questions about whether the nature of the charges was
adequately explained to her.
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Under the Katsina regional law, admitting to having a baby amounts to a
confession to the crime of adultery. As in the case of Safiya Hussaini,
the man identified as Amina's partner - the alleged father of her baby
daughter - was released. The court said there was insufficient evidence
against him.
For him to be convicted, he must either confess, or 4 other men must
testify that they witnessed the adultery.
With the help of a Nigerian women's rights group, Amina has appealed
against the sentence. After several adjournments, the appeal was
rejected on Monday, August 19. A new appeal at a higher court has been
lodged.
Victims of Poverty
Like Safiya, Amina comes from an impoverished background. Both were
married in their early teens (12 and 14 respectively) only to be divorced
at a later stage and left to raise their children by themselves.
The softly spoken and largely unschooled Lawal told AFP that her main
worries were the strain the case was putting on her parents and what would
happen to her baby daughter Wasila if she is put to death.
Women's and Human Rights organisations in Nigeria have already
highlighted the emerging pattern of people from poor backgrounds -
particularly women - being the victims of cruel, inhumane and
discriminatory sentences introduced by Regional laws in the states of
northern Nigeria.
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Amina's Fundamental Human Rights
In Nigeria, laws can be introduced by Regional States which may be
contrary to Federal Nigerian Law. Under the Regional Law of Katsina State,
a death sentence can be imposed on any man or woman who has sex outside of
marriage.
Under Federal Nigerian law, Amina has the right to have her life and
personal dignity respected. This right is enshrined in the 1999 Nigerian
Constitution, which confirms the sanctity of human life. This right is
also recognised by all the international and regional human rights
declarations and conventions to which Nigeria is a signatory.
These cases created a political storm in Nigeria. The Nigerian Federal
Government recognises that laws which discriminate against women are
unacceptable, and that the death penalty is inhumane and inappropriate.
A week before Safiya's acquittal the Federal Minister of Justice wrote
to Regional authorities to declare that these penalties are a
contravention of the Nigerian constitution.
However, the Nigerian Constitution also protects individual States -
such as Katsina State- from interference by the Nigerian Federal
Government. Leaders of the Northern states have yet to respond in a
positive manner to the Federal government's declaration.
Early hopes that the close alliance between the Federal Government and the
Governor of Katsina State would result in a positive outcome for Amina
were dashed recently. A spokesperson for the Katsina State authorities,
Ibrahim Abdullahi, said that the Governor would not intefere in the appeal
process, and predicted that if the appeal was turned down, Amina Lawal
would be executed.
"If the appeal court confirms her as guilty, she will be
executed," he said.
This will entail burying Amina up to her waist and stoning her until
she is dead.
What can YOU do to help
At this critical stage, it is of crucial importance to build on the
successful campaign that saved Safiya.
It is vital that the Nigerian Federal Government is given support to
fulfil its human rights commitments.
People from all round the world can play their part in encouraging
Nigeria to do the right thing: to end inhumane and cruel sentences in its
territory and to ensure human rights for all Nigerians.
You can help make a difference by encouraging the Nigerian government
to focus on delivering its pledges to its own people and to the
international community by writing to both the Nigerian and Australian politicians.