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May
15, 2003
How Not to Help Amina Lawal
The
Hidden Dangers of Letter Campaigns
By AYESHA IMAN and
SINDI MEDAR-GOULD
Editors' note: We have been forwarded by regular CounterPunch
contributor Professor Bruce Jackson of SUNY, Buffalo, this important
letter from two leaders of the Nigerian group Baobab for Women's
Human Rights. Some background: Amnesty International and other
groups have recently been said to be generating letters and petitions
on behalf of Amina Lawal, a Nigerian woman sentenced to death
by stoning for adultery. It turns out that letters and petitions,
even the few that aren't just chain-letter foolishness, may do
more harm than good and that the situation in Nigeria is at once
far more complex and less dire than it seems from the outside.
There are ways to help, starting with understanding what is really
going on. This letter from a board member and the executive director
of the Nigerian feminist group BAOBAB explains it all.
Dear friends,
There has been a whole host of petitions
and letter writing campaigns about Amina Lawal (sentenced to
stoning to death for adultery in August 2002). Many of these
are inaccurate and ineffective and may even be damaging to her
case and those of others in similar situations. BAOBAB for Women's
Human Rights, which is responsible for initiating and continuing
to support the defences of cases like Ms. Lawal's, thanks the
world for its support and concern, but requests that you please
stop the Amina Lawal international protest letter campaigns for
now (May 2003). The information currently circulated is inaccurate,
and the situation in Nigeria, being volatile, will not be helped
by such campaigns. At the end of this letter, we indicate ways
in which you can help us and we hope we can count on your continuing
support.
Clarification of Facts
First, we would like to pass on some
facts that hopefully will clarify the situation somewhat. Contrary
to information being widely circulated, Amina Lawal's conviction
has NOT been upheld by Nigeria's Supreme Court. Ms. Lawal was
originally convicted by an Upper Area Court in Katsina State
in northern Nigeria. Her appeal is currently before the Katsina
State Sharia Court of Appeal. The appeal had been several times
postponed. However the next appeal hearing has now been set for
June 3, 2003. Should this appeal not succeed, Ms. Lawal would
appeal to the (Nigerian Federal) Sharia Court of Appeal. Only
if unsuccessful at the federal appeal court also would Ms. Lawal's
case go to the Supreme Court of Nigeria. In other words, the
process is a long way from immediate stoning to death. Although
the stress on Ms. Lawal is obviously considerable and awful,
she is not in immediate danger of a judicial execution.
Furthermore, so far, not one appeal that
has been taken up by BAOBAB and supporting local NGOs in Nigeria
has been lost. All the completed appeals processes have been
successful. Again, so far, all these appeals have been won in
local state Sharia courts--none have yet needed to go up to the
Federal Sharia Court of Appeal, from whence appeals would go
to the Supreme Court. (We do note, however, that there is still
work to be done at this level, as sometimes the judges have chosen
to quash on technicalities, thus avoiding the substantive grounds
of the appeals. However, we note also that historically, the
State Sharia Courts of Appeal, and especially the Federal Sharia
Court of Appeal, have passed judgements that are more gender-fair--in
marked contrast to the lower courts where all of these convictions
were passed).
Contrary to the statements in many of
the internationally originated appeals for petitions and protest
letters, none of the victims received a pardon as a result of
international pressure. None of them has received a pardon at
all--or needed to, so far.
None of the sentences of stoning to death
have been carried out. Either the appeals were successful or
those convicted are still in the appeals process.
Dangers of Letter
Writing Campaigns?
However, if there is an immediate physical
danger to Ms. Lawal and others, it is from vigilante and political
further (over)reaction to international attempts at pressure.
This has happened already in the case of Bariya Magazu, the unmarried
teenager convicted of zina (extra-marital sex) and sentenced
to flogging in Zamfara in 1999. Ms. Magazu's sentence was quite
illegally brought forward with no notice, despite the earlier
assurances of the trial judge that the sentence would not be
carried out for at least a year. She was told the night before
that it would be carried out very early the next morning (and
thus had no way of contacting anyone for help even if this unschooled
and poor rural teenager had access to a telephone or organizing
knowledge and experience), whilst the state bureaucracy had been
instructed to obstruct and was physically refusing to take the
appeal papers from BAOBAB's lawyers. The extra-legal carrying
out of the sentence was not despite national and international
pressure; it was deliberately to defy it. The Governor of Zamfara
State boasted of his resistance to "these letters from infidels"--even
to sniggering over how many letters he had received. Thus, we
would like you to recognise that an international protest letter
campaign is not necessarily the most productive way to act in
every situation. On the contrary, women's rights defenders should
assess potential backlash effects before devising strategies.
Problems with Petitions
based on Inaccurate Information
Even when protests are appropriate forms
of action, when they are obviously based on inaccuracies of fact
they are easier to ignore. Circulating protests and writing letters
based on inaccurate information may further damage the situation
instead of helping. They certainly damage the credibility of
the local activists, who are assumed to have supplied this information.
If we remember that it is local activists who most facilitate
turning rights principles into everyday reality for people, then
reducing the ability and potential of local activists to carry
out women's and human rights promotion and defence is a counter-productive
mode of proceeding. Please check the accuracy of the information
with local activists, before further circulating petitions or
responding to them.
Re-Presenting negative
stereotypes of Islam and Muslims
Dominant colonialist discourses and the
mainstream international media have presented Islam (and Africa)
as the barbaric and savage Other. Please do not buy into this.
Accepting stereotypes that present Islam as incompatible with
human rights not only perpetuates racism but also confirms the
claims of right-wing politico-religious extremists in all of
our contexts. We appreciate that many who join letter writing
campaigns are motivated by the same sense of international solidarity
and feminist outrage that leads us at BAOBAB to participate in
international actions. But when protest letters re-present negative
stereotypes of Islam and Muslims, they inflame sentiments rather
than encouraging reflection and strengthening local progressive
movements. They may result in behaviour such as that of the Zamfara
State governor over Bariya Magazu, or even more threatening,
hostile and violent behaviour by vigilantes (in extra-legal acts
by non-state actors like the hordes of young unemployed men who
are the bulk of the vigilantes). Consequently, such letters can
put in further danger both the victims who are easily reachable
in their home communities, and, the activists and lawyers supporting
them (who are particularly vulnerable when they have to walk
through hostile crowds on their way to court, for instance).
Muslim discourses and the invocation
of Islam have been used both to vindicate and protect women s
rights in some places and times, and to violate and restrict
them in other places and times--as in the present case. The same
can be said of many, many other religions and discourses (for
example, Christianity, capitalism, socialism, modernization to
name but a few). The point is for us to question who is invoking
Islam (or whatever belief/discourse) for what purposes, and also
to acknowledge and support internal dissent within the community
involved, rather than engaging in a wholesale condemnation of
peoples' beliefs and cultures, which is seldom accurate or effective
in changing views within the affected community. Please be sensitive
to these concerns in any protest letters you may write.
Supporting Local Pressures
There is a place for international pressure
and campaigns. We would not risk anyone's life by insisting on
never having an international campaign. However, using international
protest appeals as the automatic response reduces its usefulness
as an advocacy tool. We feel that this is not the time for an
international letter writing campaign, but we are concerned that
should the situation change, and we then need international pressure
and ask for international support, the moral energy and indignation
of the world may already have been spent--resulting in campaign
fatigue (been there, done that already).
International letter writing campaigns
have specific potential that can be spectacularly successful
(as in the case of Fatima Yacoub in Tchad in the mid-1990s).
However, they are not appropriate in this campaign at this time.
This is not one individual case. Not all the cases of conviction
have made the international headlines or even the national media.
They cannot all become international causes céélèèbres
and subjects for letter-writing protests. (Very few people know
the name of Hafsatu Abubakar, the first woman to be acquitted
after appealing a stoning to death sentence, nor any of the other
8 women and 10 youths whose current cases BAOBAB is also dealing
with, for instance).
Using local structures and mechanisms
(as a means of resisting retrogressive laws or interpretations
of laws and the forces behind them) is the priority. It strengthens
local counter-discourses and often carries greater legitimacy
than 'outside' pressure. Further, it can really address the local
political power struggles that are behind the political use of
religions and ethnicities in Nigeria. The political Islamists
and vigilantes threaten (and carry out) acts of violence against
those who criticise them, in order to intimidate people. But
they have also been promoting the view that any criticism or
appeal of conviction is anti-Islam and tantamount to apostasy,
and thereby trying to get people to submit quietly and voluntarily.
One of the means of countering this was our choice to pursue
the appeals in the Sharia system, and thereby demonstrate that
people have a right to appeal and to challenge injustices, including
those made in the name of Islam.
Every appeal in the local sharia courts
strengthens this process. Since the first cases, that of Bariya
Magazu, (where BAOBAB had to convince her family and various
opinion-leaders in the village to agree to an appeal) and the
Jangedi case (where a man convicted of theft refused to appeal
and had his hand amputated), many victims have no longer acquiesced
to injustices, but actively sought help. Furthermore, in both
Safiya Husseini Tungar-Tudu's and Amina Lawal's cases, members
of their community have spoken about the abuse of Sharia and
taken actions to protect them from local vigilantes. These are
actions that would not have happened when BAOBAB first started
this work in 1999. At that time, even finding a lawyer from the
Muslim community willing to represent the victim was not easy.
Winning appeals in the Sharia courts,
as we and others have done, establishes that convictions should
not have been made. A pardon means that people are guilty but
the state is forgiving them for it. It does not have the same
moral and political resonance. A pardon that is perceived as
occurring as a result of outside pressure is even less likely
to convince the community of its rightness. If we don't want
such abuses to go on and on, then we have to convince the community
not to accept injustices even when perpetrated in the name of
strongly held beliefs.
Deciding on Strategies
to Fight Injustices
We are asking for international solidarity
strategies that respect the analyses and agency of those activists
most closely involved and in touch with the issues on the ground
and the wishes of the women and men directly suffering rights
violations. The local groups in Nigeria directly representing
victims (in the lead of whom are BAOBAB for Women's Human Rights
and WRAPA--Women's Rights Advancement and Protection Agency)
have specifically asked that there NOT be international letter
writing campaigns. When victims of human rights abuses are held
incommunicado, then clearly all anyone can do is act on our own
beliefs to try and help them. This is not such a situation. The
victims are not in detention (and indeed give press interviews).
They have chosen to appeal and accepted the assistance of NGOs
like BAOBAB, WRAPA and the networks of Nigerian women's and human
rights NGOs that support them. There is an unbecoming arrogance
in assuming that international human rights organisations or
others always know better than those directly involved, and therefore
can take actions that fly in the face of their express wishes.
Of course, there is always the possibility that those directly
involved are wrong but surely the course of action is to persuade
them of the correctness of one's analysis and strategies, rather
than ignore their wishes. They at least have to live directly
with the consequences of any wrong decisions that they take.
Please do liaise with those whose rights have been violated and/or
local groups directly involved to discuss strategies of solidarity
and support before launching campaigns.
So how can people and other organisations
help? In the immediate, resources (money but not only money)
are needed to support both the victims directly and the appeal
processes. The victims--almost all of them poor, and most also
rural dwellers--have found that their lives and work and those
of their families are disrupted. They are economically hard hit,
as well as under considerable social pressure. Often their health
(physical and psychological) suffers as a result of stress. Sometimes
a safe house is needed in the face of threats from vigilantes--there
are no institutional ones in northern Nigeria. It may be necessary
to consider safe asylum (bearing in mind issues like travel documents,
visas, costs and how government bureaucracies will react). Resources
are needed for living expenses for victims, their dependents
and families, and to deal with stress-related consequences (counselling
support, medical treatments and drugs amongst them), and to deal
with safety and security. Experience and strategy-sharing with
other groups who have dealt with similar situations supporting
victims through an appeals process and campaign would also be
most welcome.
Then there are the costs of fighting
the appeals. Obviously there are legal costs. These include court
fees and lawyers' fees. (Not all lawyers are willing or financially
able to work completely pro bono. Even when they donate their
expertise, they may have to be paid for court appearances, travel
and subsistence expenses). They also include costs in document
preparation especially in multiple copies and so on. There are
also a whole series of associated costs. Fighting appeals is
person and time-intensive. Activists have to; check media and
local networks to find victims; travel to offer support to victims;
draw on networks to find lawyers willing to represent victims;
convene and participate in strategy sessions (yet more travel
as these are often national); prepare the arguments and documentation;
travel to the court with the victims; engage in victim support
(discuss their situations and the possible options and ramifications,
deal with consequential issues like loss of land, or ill-health,
provide emotional support); liaise with and service the local
and international networks supporting such work; not to mention
write the reports and analyses constantly required.
Resources to support
all this work is needed.
Women's rights activists working on these
issues very early on received support from progressive lawyers,
Islamic scholars and rights activists from throughout Nigeria,
the Muslim world and elsewhere, in the form of legal and religious
argumentation (fiqh), case law examples and strategies which
were generously shared. We would like to acknowledge this help
and support--it has been extremely useful and we can probably
never have enough of it.
For the long-term, there are two needs
to work on: constructing the cultures of recognizing rights and
fighting violations at the local and national levels; and, to
develop argumentation and advocacy to change the laws, evidence
requirements and procedures.
In sum, funding for credible organizations
doing both immediate and long-term work is urgently needed.
Exchanges of information, experiences
and knowledge in similar situations would also be helpful.
Practical offer of safe havens--outside
the community but within Nigeria, and, outside of Nigeria may
also be needed.
Finally, do please circulate this message
widely--including to all the list-servs and networks where petitions
based on inaccurate information have been circulated. If you
would share and discuss this message with other activists and
organisations who have demonstrated their solidarity on these
cases, that would be helpful.
Respectfully
Ayesha Imam (Board Member)
Sindi Medar-Gould (Executive Director)
BAOBAB for Women's Human Rights
BAOBAB for Women's Human Rights has been
closely involved with defending the rights of women, men and
children in Muslim, customary and secular laws--and in particular
of those convicted under the new Sharia Criminal legislation
acts passed in Nigeria since 2000. In fact, BAOBAB was the first
(and for several months the only) NGO with members from the Muslim
community, who were willing to speak publicly against retrogressive
versions of Muslim laws and to work on changing the dominant
conservative understanding of the rights of women in enacted
Sharia (Muslim religious laws), as well as in customary and secular
laws. BOABAB was also the first, and again for some time the
only NGO to actually find the victims and support their appeals,
raising funds for the costs and putting together a strategy team
of women's and human rights activists, lawyers and Islamic scholars
contributing their expertise and time voluntarily. BAOBAB for
Women's Human Rights was the 2002 recipient of the John Humphrey
Freedom Award for this work. BAOBAB's work was also recently
cited by the Special Rapporteur on Violence Against Women as
an example of best practice.
If you would like to support BAOBAB for
Women's Human Rights work, please send a check/cheque or international
money order made out to:
a) BAOBAB / WLUML-AME Legal Defence Fund
(supports the immediate costs victims and appeals process); and/or
b) BAOBAB / WLUML-AME Rights Advocacy
Fund (supports the long-term work in enabling the critique of
the rights in Muslim laws, as in customary and secular laws,
and to work on the reconstruction of rights in law and practice);
and/or
c) BAOBAB / WLUML-AME Core Funding (enables
flexibility in usage--it must still be accounted for and reported
on)
These should be sent to: BAOBAB for Women's
Human Rights P O Box 73630 or Victoria Island Lagos, Nigeria
PMB 134, or 1333A North Avenue New Rochelle NY 10804, USA
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