Children’s Day: Rights of almajirai amidst Covid-19

This year’s 2020 Children’s Day was a marked without the usual fanfare because of the Coronavirus (Covid-19) pandemic that is raving most countries of the world. However, the day was another opportunity to reflect on the plight of the Nigerian child; especially the almajiri’s who have largely been affected by the pandemic. In this report by ENE OSANG, social rights activist Festus Onifade, Esq dissects issues in the recent evacuation and relocation of alamijiri children.

Nigeria marked yet another Children’s Day on May 27, 2020, with heightened advocacy on the welfare and protection of the rights of all children, particularly the less privileged across the country.

The day, which is celebrated yearly, provides the opportunity for policy makers and families to focus on the holistic development of young Nigerians.

Sadly, most Nigerian children are engendered due to poor living conditions, neglect, abuse and other forms of discrimination against which flouts the provisions of the Child’s Rights Act (CRA).

The CRA, which meant to ensure the safety and wellbeing of the Nigerian child, is yet to be domesticated in some states, even as states that have domesticated the Act were yet to fully implement the provisions therein to guarantee the growth and development of the future leaders.

Covid-19 pandemic

The outbreak of the novel Coronavirus has further undermined the plight of Nigerian children, particularly the street children in the North popularly called almajiri.

The alamajiris, who are believed to be used for political gains by politicians and other elites, were the worst hit by the pandemic following federal and state government’s directives to check the spread of the Coronavirus including stay-at-home order and restriction of movement.

The children, who lived nomadic life style, were tossed around by different state government, who in the bid to get them off the street, moved them to their states of residence to their supposed state with some them by being rejected by their said states of origin.

To make matters worse, a number of these children, who were accepted by their state governments, tested positive to the Coronavirus despite widely held belief that children hardly contract the Covid-19.

Almajiri culture

Speaking on the recent evacuation and transfer of almajiri children in the North a social rights activist Festus Onifade, Esq. said, “The recent evacuation and transfer of the almajiri children back to their respective states of origin calls for a reawakening and rethinking on how to deal with this protracted social menace. No doubt, outbreak of the Coronavirus presents us as a country the unique opportunity to press the reset button in the social political space.

“Regrettably, the practice of almajiri continues to flourish, especially in northern part of the country. Though the origin of the practice of almajiri is not too clear, however the culture of almajiri has been long entrenched in this part of the country.

“Almajiri, as the children are commonly referred to, is derive from the Arabic word Al-Mahaajirun which literally means a learned scholar who propagates the peaceful message of Islam.

“Lamentably, and the almajiri culture has since outlived its purpose and has become a breeding ground for child begging and in the extreme cases, potential materials for recruitment into terrorist groups.

“The pupils, who were meant to be trained to become Islamic scholars have now had to struggle to cater for themselves, begging rather than learning under the watch and supervision of some semi-literate Quranic teachers or Mallams who themselves lacked the requisite financial and moral support hence the system runs more as a means of survival rather than a way of life,” the rights activist noted.

He observed that while the male almajiri, between the ages of four and 15, are mostly engaged in street begging and other vices, their female counterparts are mostly involved in street hawking, early or forced marriages, thereby becoming victims of rape, girl child molestation and indecent sexual assault, among others.

“Many of these children on the street are direct product of polygamous homes or broken homes or simply economic challenges in the family or sheer ignorance and poor parenting and guardianship,” the social rights activist said.

Legal implication of evacuation

Also, speaking on the legal implication of the evacuation and transfer of the children, Onifade, who is a managing partner at F.S Onifade & Associates, asked: “Were the rights of these children protected under the relevant laws? What were the responsibilities of parents, guardians and respective state governors in this process?”

He said the outbreak of Coronavirus pandemic has brought the issue of almajiri to front burner again, even as he expressed displeasure over the rejection of some of the children in a period of global health pandemic.

“While the initial removal and separation of these children from their parent is a clear violation of their fundamental rights, their subsequent evacuation and transfer back to their states of origin by state governors without recourse to their welfare is much more a breach of these rights.

“In both cases, the rights of these children as guaranteed under Chapter IV of 1999 Constitution of Federal Republic of Nigeria as Amended and the Child Right Act 2003 were grossly violated.

“Section 27 (1) states that, ‘No person shall remove or take a child out of the custody or protection of his father or mother, guardian or such other person having lawful care or charge of the child against the will of the father, mother, guardian or other person’.

“This section clearly criminalizes and prohibits any form of abduction, removal, separation and transfers of a child from his or her parent or guardian except such removal is in the best interest of the Child.

“Sub-section 27 (2) of the Act stated that where a person is guilty of the aforementioned offence such person shall be punished with an imprisonment of not less than 10 years”, he added.

Speaking further he noted that the Act also forbids all forms of victimisation, discrimination and attack on dignity and honour of a child.

“Section 10 (1) A child shall not be subjected to any form of discrimination merely by reason of his belonging to a particular community or ethnic group or by reason of his place of origin, sex, religion or political opinion,” he stated.

He added that, “Section 11 states that Every Child is entitled to respect for the dignity of his person, and accordingly, no child shall be; subjected to physical, mental or emotional injury, abuse, neglect or maltreatment, including sexual abuse; subjected to torture, inhuman or degrading treatment or punishment.

“Also, No child shall be; subjected to attacks upon his honour or reputation; or held in slavery or servitude, while in the care of a parent, legal guardian or school authority or any other person or authority having the care of the child,” he said.

… It’s declaration of war on rights of almajiri children

Onifade maintained that to single out the almajiri child for evacuation and transfer to his state of origin for fear of spread of corona virus is a declaration of war on his rights.

He pointed out that an almajiri child is no different from any other Nigerian child or any citizen who is a potential carrier of this deadly disease, adding that more importantly that many Nigeria towns and cities are littered with destitute and homeless persons.

“The stigmatisation that comes with this evacuation is the unjustifiable denial of their fundamental rights. It is clearly discriminatory and an assault on their rights as protected by both the Child’s Right Act 2003 and in the 1999 Constitution of the Federal Republic of Nigeria as amended.

“In fact stretching this argument further is to state that every Nigerian is a potential carrier of the Coronavirus. Will it then be correct to say that all Nigerians who are not in their state of origin be ‘deported’ to their states of origin because of fear of spread and infection?

“While the actions of some state governments might look commendable; the modus operandi looks questionable because there is no genuine effort to rehabilitate these children.

“Attempts by various state governors to merely evacuate and transfer these children from the street without proper rehabilitation, care, and protection, is setting them up for public ridicule and violation of their rights to dignity and honour.

“An almajiri child is like any other Nigeria child who has found him or herself in an unfortunate circumstance and is generally poorly treated with little or no warmth, affection, and compassion, while little recognition and less tolerance is accorded and extended to them in homes and at public places. This has made these children vulnerable to all forms of inhuman and reckless abuses.”

CRA

The legal practitioner maintained that a Nigeria child, like every other citizen, has his or her fundamental rights enshrined in Chapter IV of the 1999 Constitution.

“These rights include: respect for the dignity of his person. Every person is entitled to his personal liberty. They have right to fair hearing within a reasonable time by a court or as to secure its independence and impartially; right to private and family life; right to freedom of thought, conscience and religion.

“Others are: the right to freedom of expression and the press; right to peaceful assembly and association; right to freedom of movement; right to freedom from discrimination; right to protection from the compulsory acquisition of property; and the right to privacy and private life.

“Arguably, some of the possible exceptions to where government can derogate from these rights are provided for in Section 45 of the 1999 Constitution; and Section 1 of the Child’s Right Act 2003; that is: actions done for public safety and where the interest of the child is primary consideration,” he said.

Continuing, Onifade said the almajiri child does not constitute greater danger than the rest of Nigerians who are faced with similar situation and circumstance.

He stressed that the CRA provided additional rights to strengthen the constitutional rights laid out in respect of a child to include: right to free Universal Basic Education (UBA); right to basic health care and immunisation; and right to leisure, recreation, cultural activities, plays and engage in sporting activities.

According to him, the recognition of these eights is largely because of the peculiarity and vulnerability of every child.

“Historically, the Act was born out the commitment of World Leaders adopting the United Nations Convention on Rights of a Child- An international agreement on childhood in 1989. The convention resolved that childhood is separate from adulthood, and childhood lasts until 18.

Practice feeds on greed of the elite

“Sadly, in Nigeria, almajiri practice feeds on the greed of the elite groups while the implementations of the Act by state governments that have adopted it remain a mirage. More worrisome is the fact that 12 out the 36 states that are yet to domesticate the Act are predominately in the North where this menace is prevalence.

“The result is high rate of urbanisation; breakdown in the extended family system; which has resulted in an unprecedented increase in the number of children in difficult circumstances in urban cities.

“These children have become victim of child labour and exploitations- children who engage in hawking wares, load carrying, car washing, shoe shining, petty trading, refuse clearing, begging, prostitution, etc.

“Others have become prey of child abusers, children endangered by abuse and neglect these include: disabled children; sexually abused female children; children of prostitutes living with their mothers in brothels; children of community outcasts; children of mentally unstable mothers; immigrant children; and those lured into early marriage.

“Also, internal conflict, Boko Haram crises, ethnic and religious crises in some part of the country has created refugee children, who are neglected, stereotyped or abandoned.”

Taking responsibility to end trend

The social rights activist stressed the need for all stakeholders to take the protection of the rights of the less privileged children as their responsibility by ensuring their basic needs and other rights to make living meaningful for them are protected.

“First and foremost, there is need for affected state governments to declare state of emergence in education and provide free compulsory Universal Basic Education for all children within the affected states.

“Secondly, the need to desist from further stigmatization, discrimination and violation of rights of every almajiri child associated with the present evacuation and transfer. Right to the dignity and honour of a child must be respected.

“The children being evacuated must be adequately cared for, attention must be given to their well-being in the provision of suitable food, shelter, and health facilities.

“Lastly, the 12 northern states namely Bauchi, Yobe, Sokoto, Adamawa, Borno, Zamfara, Gombe, Katsina, Kebbi, Jigawa and Kano, that have inexplicably refused to domesticate the Child’s Right Act 2003 must muster the needed courage and political will by adopting this most comprehensive, integrated legislation and seize the opportunity to permanently fix this menace,” he urged.

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