| Title | PRIVATE MEMBERS BUSINESS Human Rights in Nigeria |
| Database | House Hansard |
| Date | 21-10-2002 |
| Source | House of Reps |
| Parl No. | 40 |
| Electorate | Pearce |
| Page | 8126 |
| Party | LP |
| Status | Final |
| Speaker | Moylan, Judi, MP |
| Stage | Human Rights in Nigeria |
| Context | Private Members' Business |
| System Id | chamber/hansardr/2002-10-21/0122 |
Mrs MOYLAN (3:59 PM)
âI want to say from the outset that I totally support the comments of both my colleagues in this place today. As a member of the Human Rights Subcommitteeof the Joint Standing Committee on Foreign Affairs, Defence and Trade, I feel it is important that we all speak out about this. I know that in the past women's groups, and the European Union in particular, have been criticised by one of the provincial governors in Nigeria for speaking out when a previous case was in progress, but we all have the right to speak out about laws that are so unjust; laws that allow the killing of people in a very discriminatory way. In this case, the woman is the only one being punished. Not only is it bad that these provincial governments see fit to put people to death for such crimes but this case also involves something that we all abhor: the discrimination of women in these countries. So I feel no sense of wrongdoing in speaking out about this dreadful case, and I am sure my colleagues feel the same.
In March 2002, a young Nigerian woman by the name of Amina Lawal was convicted of adultery and sentenced to death by stoning in a Sharia court in Bakori, Katsina state. The sentence was appealed on 19 August 2002 but it was upheld by Judge Aliyu Abdullahi in a lower Sharia court of appeal in that state. We understand from all reports that in the past no-one has been stoned to death in Nigeria. But it concerns me that, in 1999, 12 Muslim states decided to extend sharia law to the criminal sphere, and that changes, in some respects, the landscape in relation to this case. Indeed, there is a great danger that Ms Lawal will be put to death. As we have heard, her execution will not take place until 2004 when her daughter, now eight months old, is weaned. Then the sentence requires that she be buried up to her neck and stoned to death.
The federal government of Nigeria has declared the judgment unconstitutional; however, there are some concerns about the ability to successfully appeal this case because of those changes to the law. I was very pleased to know that the Nigerian government have opposed the laws and they have made statements in support of Ms Lawal. In fact, our Minister for Foreign Affairs, the Hon. Alexander Downer, met with the Nigerian High Commissioner to Australia, Dr Rufai Soule, to convey the deep concern of the Australian government and the community at the death sentence by stoning of Amina Lawal by the provincial Sharia court. I know there has been an outcry because I have been, as have my colleagues, the recipient of many phone calls, letters and emails in relation to this case. People are shocked that such a cruel sentence could be proclaimed on anyone. Mr Downer said:
... that the Australian Government considered death by stoning a cruel, inhumane and degrading practice and that the sentence had generated a great deal of concern in the Australian community.
That has certainly been my experience. He went on to say:
There can be no excuse or satisfactory explanation for this inhumane and cruel practice and laws that are inconsistent in their application. In this case there is one law for the woman ... Ms Lawal and another for the male partner in this so-called âcrimeâ.
I call on the federal government of Nigeria to do all in its power to ensure that the sentence is never carried out. This includes ensuring that Ms Lawal's defence lawyers are assisted to the maximum degree by the Nigerian government.