by Nana Nwachukwu

We are not fighting the right fight. We have held on to old ways of doing the same things and asking for the same old things. Women can ask for these things differently. Let’s ask for a platform that guarantees merit and foremost, the enforcement of Section 42 of the Constitution.

Affirmative action is summarily defined as a temporary palliative measure provided to favor a disadvantaged group in the society[1].

I have listened to Tom Mullen[2] talk about Affirmative Action and cannot help but always agree that it is proper to desire to place everyone on the same pedestal while finding what is best suited for them meritoriously.

Affirmative Action was a product of the Kennedy administration to provide succor and reduce discrimination for black people in the United States of America in 1961[3].

I have also read the Constitution of the Federal Republic of Nigeria and confirm that Affirmative Action is not enshrined.

Section 42 of the Constitution states as follows;

“42. (1) A citizen of Nigeria of a particular community, ethnic group, place of origin, sex, religion or political opinion shall not, by reason only that he is such a person:-

(a) be subjected either expressly by, or in the practical application of, any law in force in Nigeria or any executive or administrative action of the government, to disabilities or restrictions to which citizens of Nigeria of other communities, ethnic groups, places of origin, sex, religions or political opinions are not made subject; or

(b) be accorded either expressly by, or in the practical application of, any law in force in Nigeria or any such executive or administrative action, any privilege or advantage that is not accorded to citizens of Nigeria of other communities, ethnic groups, places of origin, sex, religions or political opinions.”

It is not a hidden fact that women in the society suffer discrimination in all forms and manner given that the majority of the World run on a patriarchal platform. Of course, women have attained different coveted positions in the society and have done things they have been counted as unable to do.  It often comes as a shock when a woman ventures into areas society has marked in unwritten but felt boundaries as ‘for men only’.

As much as I will not fail to recognize the efforts of women who fought gallantly to provide a platform from which the present-day females can speak, I am of the opinion that it is time to change the narrative.

From different female quarters, I have heard women demand from 30% to 40% and even 50% representation in different Government sectors.  When Women are given a chance, the language is often ‘allowed’.

For example; “We allow Women run for office without paying for the form”, “We have allowed Women hold some positions previously reserved for men” and the list goes on…

Right from my younger days, the fight for ‘Affirmative Action for Women’ has been on. It took me some digging to realize that affirmative action in Nigeria was in reality a temporary measure that will leave the coming generation in the same mess we are and if they lack ideas, would remain so till generations to come.

The Nigerian Constitution of 1999(as previously amended) has been undergoing amendment and one of the issues that raised a Movement was Women and the girl-child.

In the demand made to the National Assembly, Several women organizations jointly asked for 40% Affirmative Action on Women issues. Why?

Why do we want 40% representation? Are we not asking for privileges? Are we not undermining ourselves? Are we not contravening the provisions of the Constitution? What happens if there is a man better qualified for that position? When are we going to start demanding meritorious determination of positions?

I was thinking and hoping that women would have risen to demand that there should be national database of intellectuals and a national intellect based well understood and rational means of competing for non-elective position of authority in Nigeria. Why can it not be done? Why are we not asking for that? Why are we not demanding a level playing field? Why are we asking for bits and pieces?

We are not fighting the right fight. We have held on to old ways of doing the same things and asking for the same old things. Women can ask for these things differently. Let’s ask for a platform that guarantees merit and foremost, the enforcement of Section 42 of the Constitution.

 

[1] V C Ikpeze, ‘Understanding Affirmative Action as Aid to Women’s Human Rights in Nigeria’ in Hauwa Ibrahim (ed), Bar Perspectives (NBA 2002)

[2] Tom Mullen is an equal opportunities campaigner.

[3] T.H. Henderson, The Pursuit of Fairness: A History of Affirmative Action (OUP 2005) [Please pay attention to the Preface of this book)

 

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Nana Nwachukwu is a person who likes to put out her thoughts the way it is. It could be logical, it could be passionate or both. An ICT enthusiast who works on developing solution-based ideas and practises Law sometimes

Op-ed pieces and contributions are the opinions of the writers only and do not represent the opinions of Y!/YNaija.