Making the Law Work for Men and Women: Advancing Gender Equality and Non-Discrimination in Nigeria’s Anti-Open Grazing Laws

Abstract

The realization of equality between men and women is a fundamental
part of the international development agenda. This entails equal
opportunities and elimination of all forms of discrimination.
Discrimination can be embedded overtly or covertly in laws. Therefore,
making the law work for both men and women demands an all-inclusive
approach. In Nigeria, the crisis involving herders and farmers has led to
the loss of lives and properties, internal displacement, and human right
abuses including rape. In a bid to curb the crisis, ‘anti-open grazing’ laws
have been made in some states. Most of the acts criminalized and offences
prohibited were gender-neutral, despite a more embracing approach on
gender sensitivity in lawmaking.
This article adopts an evaluative approach to assess inclusivity in the
recent anti-open grazing laws in Nigeria. It argues that the laws covertly
promote patriarchal benefits and boost hegemonic male dominance. Its
aim is to reveal that gender-specific circumstances which reinforce sexual
and gender-based violence against women, including rape, were ignored.
This is notwithstanding the fact that the bodies of women and girls have
been turned into battlefields. The study suggests that because society is
not homogeneous, there is a need to reflect this diversity by updating
these laws, to make them inclusive, in offering protection to women. It
recommends that since equal opportunities come with equal
responsibilities, the need to identify and prohibit the roles of women in
the crisis becomes pertinent. This makes the laws work for both men and
women, in pursuit of their agricultural endeavours