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Traditional “juju oath” and human trafficking in Nigeria: A human rights perspective

Norah Hashim Msuya
LLB LLM PhD in law
Postdoctoral Researcher, School of law University of Kwazulu Natal

SUMMARY
Human trafficking in Africa is currently on the increase due to its benefits to the perpetrators. Despite the African Union’s (AU) functional commitment and other African seminal initiatives, to combat trafficking, the menace has remained un-stemmed. Noticeably, to date, women and children are the most vulnerable groups in human trafficking across the world. Africa remains the hub of human trafficking considering the predominance of poverty and conflict within the continent. The prevalence of women and children being trafficked, mainly for prostitution, has compounded the HIV/AIDS infection rate in Africa. In Nigeria, cross-border women and children trafficking for prostitution has been on the increase, as traffickers adopt various means of obtaining slaves. One of the means of recruiting women and children is to subject them to a traditional oath of silence ceremony. This control mechanism is to silence victims and trap them in debt bondage and it has been extremely effective in its implementation. Victims are subjected to the oath prior to their departure from Nigeria to ensure debt commitment and non-disclosure of the identity of the traffickers. However, in the event of non-compliance and violation of the oath by the victims and family members, illness and ultimate death may suddenly occur. The efficacy of the oath as a control mechanism is tantamount to torture as defined by international law. In light of the forgone, this study explores the use of the Oath of Silence in human trafficking and the vulnerabilities, which cause women and children to become victims of human trafficking. Hitherto, the study gives a snapshot of the gross human rights violations that occur therein. Finally, the study proposes new ways forward in safeguarding the rights of individuals.

1 Introduction
Human trafficking refers to the process through which human beings are placed or maintained by force in an exploitative state for economic gain within a country and across borders.1 Women and children are trafficked
for various purposes, such as forced labour in factories, farms or private

Msuya “Tradition and Culture in Africa: Practices that Facilitate Trafficking of Women and Children” 2017 Dignity: A Journal on Sexual Exploitation and Violence 1.
 
How to cite: Msuya ‘Traditional “juju oath” and human trafficking in Nigeria: A human rights perspective’ 2019 De Jure Law Journal 138-162
http://dx.doi.org/10.17159/2225-7160/2019/v52a9

Traditional “juju oath” and human trafficking in Nigeria: A human rights perspective 139

households, forced marriages and sexual exploitation.2 Some of the identified underlying causes of trafficking include inequalities within and
between countries, a growing demand for cheap and disempowered labour and increasingly restrictive immigration policies.3 Violence, discrimination and poverty are considered to be amongst the    factors,
which  also  increase  individual  vulnerability  to  trafficking.4  Recently,
there has been a widespread acceptance of the need for a human rights- based approach to human trafficking, as human rights form a central core for this new understanding.5  The  Global Report on   Trafficking
indicates that 79 percent of women and girls are  the  predominant  victims of sexual exploitation form of human trafficking.6 The rate of Nigerian  women  and  children  who  have  been  trafficked  to European
countries for prostitution has increased in the past three years.7 Nigeria    is considered the leading country in cross-border human trafficking in Africa.8 A well-organised gang has created a highly successful trafficking
operation.9 One of the procedures they use to recruit victims of human trafficking is to subject them to a traditional oath ceremony, which is an extremely effective control mechanism to silence victims and trap them
in debt bondage.10 Victims are subjected to this ritual prior to leaving Nigeria to ensure that they will pay their debt and keep silent about the identity of the  traffickers.11
Women and children who are trafficked under the influence of this traditional oath ceremony are uniquely vulnerable to sexual violence and forced servitude, in addition to being subjected to other conditions  which
render the individual predisposed to being victimised.12 The evidence of the use  of traditional  oaths  has  come  to light since early  2000s, as     it
largely fell outside the recognised push and pull factors that characterise

United Nations Human Rights Human Rights and Human Trafficking  Fact Sheet No 36 (2014)  1.
ACCORD “Nigeria: COI Compilation on Human Trafficking, Austrian Centre for Country of Origin & Asylum Research and Documentation” 2017 ACCORD 2.
International Organisation for Migration (IOM) “Analysis: Flow Monitoring Surveys the Human Trafficking and Other Exploitative Practices Prevalence Indication Survey: May 2016 - August 2016” 2016 IMO  2.
Loring, Engstrom, Tricia and Mariel “Globalization and Human Trafficking” 2017 The Journal of Sociology & Social Welfare 4.
Ezeh Human Trafficking and Prostitution Among Women and Girls of Edo State, Nigeria Possibility of Rehabilitation through Education and Prevention (2017)  8.
Damon, Swails and Laine “The Sex Trafficking Trail from Nigeria to Europe,” CNN (2018-03-21) 2; United States Department of State 2018 Trafficking in Persons Report – Nigeria 2018 3.
United States Department of State 2018 Trafficking in Persons Report – Nigeria 2018 3.
Ellis This Present Darkness: A History of Nigerian Organised Crime (2016)  17.
Europol “Joint Action to Tackle West African Human Trafficking  Networks”
Europo (2014-06-12).
Baarda “Human Trafficking for Sexual Exploitation from Nigeria into Western Europe: The Role of Voodoo Rituals in the Functioning of a Criminal Network” 2016 European Journal of Criminology 259.
12    Daman CNN (2018-03-21) 3.

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human trafficking for exploitation and enslavement.13 Subsequently, international instruments and national legislation around the globe, which criminalise trafficking and related crimes, present a gap in addressing the use of traditional and religious beliefs to assert control for trafficking and assist the victims. The surviving victims of trafficking have been silenced for too long by this oath, and they have been denied justice
due to their failure to speak.14 Nevertheless, the traditional oath  ceremony is not yet formally recognised as a systematic mechanism, which   creates   vulnerability   and   entrapment   for   human  trafficking
victims. Numerous human rights abuses occur at different stages of the trafficking sequence, including denial of incontrovertible rights, such as the right to life, security and liberty, and the right not to be subjected to
torture and/or cruel, inhuman or degrading treatment or punishment.15
This paper seeks to provide a brief but comprehensive overview of the use of traditional “juju oath” in the human trafficking of women and children and its impact on women and girls. It aim to both identify and address ways in which human rights violations arise through the use of traditional oath in the trafficking cycle in Nigeria. It seeks to answer the following questions: What underlies the use of traditional oath of silence (OoS) ceremony in human trafficking in Nigeria? How has the trend affected women and children? What are the vulnerabilities that cause women and children to become victims of human trafficking? In addition, what breach of human rights occurs during this process? The paper, which is an exploratory case study, takes the hypothetical perspective that violations of human rights are both a cause and a consequence of trafficking in persons, making the promotion and protection of human rights particularly relevant to the fight against this.

2  Conceptualising human trafficking
What constitutes human trafficking has been agreed recently internationally in the 1990s, when states initiated the task of separating out trafficking from other practices like facilitated irregular migration,
with which this practice was commonly associated.16 In 2000, the United Nations came up with the first agreed definition of trafficking and
incorporated it into the 2000 Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children, supplementing the United Nations Convention against Transnational Organised Crime
(Trafficking Protocol).17 The protocol serves as a legal framework for the domestic legislation of its member states across the globe.18 The protocol

13    Daman CNN (2018-03-21) 3.
Siddarth “Juju’s Control is Powerful” BBC News (2014-10-14)1.
Ikeora “The Role of African Traditional Religion and ‘Juju’ in Human Trafficking: Implications for Anti-trafficking” 2016  JIWS  8.
United Nations (2014) 2.
Nigeria signed this Convention on 2000-12-13 and ratified it on 2001-06- 28.
United Nations (2014) 3.

Traditional “juju oath” and human trafficking in Nigeria: A human rights perspective 141

is one amongst three supplemental protocols to the main international instrument in the fight against transnational organised crime called The United Nations Convention against Transnational Organised Crime of 2000. The major aim of the Protocol is to ensure that trafficked persons are treated as victims instead of criminals and are entitled to specific human rights protections, such as temporary shelter, temporary resident status, medical care, psychological services, access to justice and compensation or restitution. Article 3 of the protocol defines trafficking  in persons as follows:
[T]rafficking in persons shall mean the recruitment, transportation, transfer, harboring or receipt of persons, by means of the threat or use of force or other forms of coercion, of abduction, of fraud, of deception, of the abuse of power or of a position of vulnerability or of the giving or receiving of payments or benefits to achieve the consent of a person having control over another person, for the purpose of exploitation. Exploitation shall include, at a minimum, the exploitation of the prostitution of others or other forms of sexual exploitation, forced labour or services, slavery or practices similar to slavery, servitude or the removal of organs; (b) The consent of a victim of trafficking in persons to the intended exploitation set forth in subparagraph
of this article shall be irrelevant where any of the means set forth in subparagraph (a) have been used …19
The definition therefore establishes three main components, which must be present in a situation of the existence of human trafficking, which are:
(i) action or recruitment; (ii) means threat; and (iii) purpose or exploitation. In other words, the protocol defines human trafficking by stipulating how it is performed (the means), what is done (the act), and why it is done (the purpose). The definition comprehends all forms of exploitation, and not sexual exploitation alone. Other  previous  definitions of human trafficking referred to only women and children,   but this definition recognises that all individuals may qualify as targets of trafficking. Therefore, the Trafficking Protocol is a momentous landmark on the road towards an internationally recognised,  standardised  definition of human trafficking.
The global legal definition set out above suggests that the level and assortment of possibly exploitative practices related to trafficking is very broad. It has set out a list of example situations in an open-ended manner for any new or additional exploitative purposes, which may be identified in the future. In addition, the definition covers both trafficking which takes place within a country and across its borders. Therefore, human trafficking does not require the crossing of an international border to take place, and it is legally possible for trafficking to take place with a domestic jurisdiction of any state, including that of its victims. The main features set out clearly the difference between trafficking and migrant smuggling. Migrant smuggling does not involve eventual exploitation, as

Art 3 of the Trafficking Protocol.

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is the case with trafficking.20 The illegal, facilitated movement across international borders for profit in smuggling may involve deception and/ or abusive treatment for obtaining profit from such movement.21
Trafficking does not always require the movement of victims, as the definition of trafficking pinpoints movement as one feasible way in  which the “action” element can be satisfied. Terms used in the definition, such as “receipt” and “harboring”, mean that trafficking does not just  refer to the process whereby someone is moved into situations of exploitation, it also include the maintenance of that person in a    situation
of exploitation.22 The “means” element of the definition of human trafficking makes it impossible for a person to “consent” to trafficking.
The consent is immaterial and cannot be used as a defense once it is established that coercion, deception, force, or other forbidden means have been used. International human rights laws have always recognised that the intrinsic inalienability of personal freedom renders consent
irrelevant to a situation in which this personal freedom is taken away.23
The Protocol elaborates further on human trafficking which involves children, in article 3(c) which states that, in trafficking cases where children are involved, “the recruitment, transfer, transportation, harboring or receipt of a child for the purpose of exploitation shall be considered trafficking in persons, even if this does not involve any
improper means such as coercion, deception, etc.”24 Therefore, the
Protocol acknowledges that a person under the age of 18 cannot be considered to give lawful consent in any circumstance. Under this definition, the “means” component is not required. Therefore, in the situation of trafficking of children, it is necessary to establish that there is an “action” like recruitment, buying and selling, and that this action is for the specific purpose of exploitation. Child trafficking is considered extant if a person under the age of 18 is subjected to some act, like recruitment or transport, for the purpose of exploitation of that person. These  definitions  have  been  incorporated  into  many  other      legal
instruments and domestic laws.25
The Protocol under article 5 confers duties to state parties to criminalise any conduct as set out in article 3 in domestic legislation. The new international standards describe trafficking in terms of how the

20 Baarda “Human Trafficking for Sexual Exploitation from Nigeria  into Western Europe: The Role of Voodoo Rituals in the Functioning of a Criminal Network” 2016 European Journal of Criminology, 258.
21	Ezeh (2017) 10.
United States Department of  State,  Office  to  Monitor  and  Combat  Trafficking in Persons 2014 Trafficking in Persons Report – Nigeria.(2014)   9.
United Nations Office on Drugs and Crime. Division for Treaty Affairs Legislative Guides for the Implementation of the United Nations Convention against Transnational Organised Crime and the Protocols Thereto (2004) 70.
Art 3(c) of the Trafficking Protocol.
United Nations Office on Drugs and Crime (2004) 27.

Traditional “juju oath” and human trafficking in Nigeria: A human rights perspective 143

victims are exploited, and in terms of the victims being in transit.26 This protocol is also very helpful for the protection of victims. The implementation of the trafficking protocol is monitored within the context of regular conferences held for state parties to it. The primary purpose of these conferences is the exchange of information and experience and the improvement of international cooperation between state parties with the protocol as a controlling body, which could force a ratifying state to act in a certain manner. There are three major categories of trafficking in persons identified in Africa. These are trafficking in children, mostly for domestic work and farm labour within and  across  countries;  trafficking  of  women  and  girls  for     sexual
exploitation, primarily outside the African region; and trafficking in women from outside the African region for the sex industry.27 Factors
such as poverty, internal and external conflict, unemployment, lack of access to education, poor law enforcement, porous borders, cultural misconceptions or abuse, HIV/AIDS, and regional conflict are identified
as enabling and contributing factors to human trafficking in   Africa.28
3  Human trafficking and human rights
Human trafficking is a crime, as well as a gross violation of human rights.29 The links between human rights and the fight against  trafficking
are manifold. This is because, from the beginning, human rights laws have clearly proclaimed the essential immorality and unlawfulness of   one person taking hold of labour, the legal personality or the humanity
of another.30 Human rights laws demand equality and prohibit discrimination based on race and sex; and they decry and outlaw forced
labour, arbitrary detention, forced marriage, debt bondage  and  the  sexual exploitation of children and women.31 They also champion the right   to   leave   and   return   to   one’s  own   country   and   freedom of
movement.32
In reality, human trafficking and associated practices child labour, sexual exploitation, forced labour, forced marriage and debt bondage are themselves violations of basic human rights and are prohibited under international human rights law. Victims of trafficking are entitled to the

Harrop “Ties that bind: African witchcraft and contemporary slavery”
Liberty and Humanity (2012-09-17) 2.
Adepoju “Review of research and data on human trafficking in Sub-Saharan Africa” In Laczko and Gozdziak (Eds.), Data and Research on Human Trafficking: A Global Survey (2005) 79.
Ruby & Benjamin “Anti-Trafficking Legislation in Sub-Saharan Africa: Analysing the Role of Coercion and Parental Responsibility” 2012 in Fourth Annual Interdisciplinary Conference on Human Trafficking 17.
United Nations Department of State 2017 Trafficking in Persons Report (2017) 3.
United Nations (2014) 4.
United Nations (2014) 4.
Thipanyane “Human Trafficking: African Perspective” JURIST (2015-03-23).

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full range of human rights because human rights are universal.33 Women and children are amongst the groups, which are specifically recognised
under international human rights laws as requiring additional or special protection.34 International human rights consider different human rights to be relevant at different points in the trafficking cycle. Some are
particularly relevant to the sources of trafficking.35 This occurs when a
violation of human rights leads to an increase in the vulnerability of a person, for example a violation of the right to an adequate standard of living.36  Other  human  rights  are  applicable  to  the  actual  process   of
trafficking. Finally, certain human rights concern the response to trafficking, such as the right of access to justice, the right to effective remedies, and the right to a fair   trial.37
The relationship between human trafficking and human rights is very clear, and it does not essentially follow that human rights will be at the centre of responses to trafficking; rather it places the victims at the centre of actual and credible action. The human rights-based approach extends the emphasis to the root causes, which underlie trafficking, maintaining
exemption for traffickers, as well as denying justice to its victims.38 For example, patterns of discrimination, a demand for goods and services resulting from  exploitation,  the unfair distribution  of  power, and the
complicity of the public sector.39 Likewise, human rights laws acknowledge that states are responsible for protecting the rights of all persons  within  their  territory,  even  non-citizens,  and  have  a       legal
responsibility to eliminate trafficking and related exploitation.40 Victims of human trafficking are treated as a commodity, their basic rights are disregarded and they cannot make their own decisions, enjoy freedom
of movement, or choose to work where they wish. When addressing human trafficking, a human rights approach is required to restore both the dignity and wellbeing of victims.41
In the human rights-based approach, the rights of a person should be central to any anti-trafficking strategy. This approach seeks to identify and redress the discriminatory acts and unequal distribution of power, which underlie human trafficking. The fundamental principles in a  human rights-based approach to such trafficking include self- representation, empowerment and the participation of those affected by
trafficking.42 It  requires the  surviving victims of  trafficking to  be  free,

33    Msuya (2017) 3.
34    Msuya (2017) 4.
Sawadogo “The Challenges of Transnational Human Trafficking in West Africa” 2012 African Studies Quarterly 97.
Obokata “Trafficking of Human Beings as a Human Rights Violation: Obligations and Accountability of States” In Trafficking of Human Beings from a Human Rights Perspective towards a Holistic Approach (2016) 18.
37   Obokata (2016) 18.
United Nations (2014) 7.
United Nations (2014) 7.
United Nations (2014) 8. 41	Obokata (2016) 19.
42   United Nations (2014) 8.

Traditional “juju oath” and human trafficking in Nigeria: A human rights perspective 145

active and empowered to reflect their opinions in relevant policies and programs. This is referred to as the participation of rights holders and is recognised in a number of international instruments.43
4 Traditional oath ceremony and human trafficking in Nigeria
The International Organization for Migration (IOM) report indicates that in the last three years there has been a rapid increase in the number  of
girls documented at hotspots, landing sites or detention centres who are victims of human trafficking.44 Albeit that trafficked women and children are from all West African countries, 80 per cent of them claim to have
originated in Nigeria.45 Most of the people who are trafficked from Nigeria to other parts of the world, such as Italy, Austria, Spain and Russia, are women. A significant number of them are minors who are
trafficked for purposes of sexual  exploitation.46
The traditional oath ceremony has been reported as being one of the powerful means, which is used to control human trafficking   victims.47 It
reaches to the depths of their psychological vulnerability, combined with other push/pull factors mentioned above which render women and children vulnerable to being trafficked. Most victims of trafficking are recruited from rural areas, specifically Nigeria’s southern regions, with  a
few of them being from urban areas.48 Data exacted from 29  counties
indicates that Nigerian traffickers exploit most of the victims from Nigeria.49 It has been established that most of the victims of sex trafficking started to work for their traffickers in exchange for leaving sex
trafficking themselves.50 Victims of trafficking are subject to a popular traditional oath ceremony with a priest who is referred to as “juju priest” before departure for their work abroad.51 Traditional oaths are part of a
supernatural ritual, which plays an important role in African customary practices.52 The role of the traditional oath is complex and needs to be understood in the context of African traditional beliefs instead of some
sort of exotic practice. Some traffickers exploit this tradition and use it as a means of silencing their  victims.53

United Nations (2014) 8.
IOM “Human Trafficking Through the Central Mediterranean Route: Data, Stories and Information” 2017 IOM 3; United States Department of State 2018 Trafficking in Persons Report – Nigeria 2018 3.
45    IOM (2017) 4.
46 Ingwe and Ugwu “Transnational  Crime,  Human  Rights  Violation  and Human Trafficking in Nigeria’s oil rich Niger Delta” 2012 RJSP 67.
47   Ikeora, (2016) 4.
48    Nwauche “Law, Religion, and Human Rights in Nigeria” 2008 AHRJ 569.
49    IOM (2017) 14.
Nwauche 2008 AHRJ 570.
Nwauche 2008 AHRJ 570. 52   Ikeora, (2016) 5.
53   Ikeora, (2016) 6.

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Traditional beliefs, values and morals are woven into daily life and customs  through  practices  and  rituals,  which  have  been  passed down
from generation to generation-in Africa.54 Despite  the  widespread practice of Christianity and Islam in Nigeria, the traditional customs, laws
and practices remain a strong foundation within communities.55 Many Nigerian citizens are either Muslim or Christian, but still live under the
influence of traditional culture.56 They believe that their traditional culture is something, which applies to everything in the universe as God in  heaven  delegates  varying  degrees  of  power  to  divinities  who   are
referred to as gods or deities, giving them particular domains of influence.57 It is also believed that there is the existence of two worlds: a visible one, which is earth; and an invisible one, which is heaven. Both
worlds are regarded to be full of life, with humankind as inhabitants of the earth who are linked to God as the creator and part of the invisible world.58 Humankind has a duty to turn parts of the universe into sacred
objects, and to use other things for sacrifice and offerings as a system of connecting these worlds.59 These objects are believed to contain mystical supremacies that connect the oath swearer with the  divinities
and represent the contract, which has been made.60
Faith in the visible and invisible worlds is very strong in Nigeria, as it has been spread over generations, so traffickers do not need to control
the way the trafficked victims think of the oath.61 Traffickers merely take advantage  of  an existing  belief  and  abuse  it.  The  traditional faith also
comes with the belief in order and structure, which comprises moral order amongst the people, mystical order, the laws of nature and religious taboos.62 It is believed that only people who have access to the
power in the universe can maintain mystical order. The belief in this order is held by many societies in Africa that there is supremacy in the universe, which comes from God, and that power is available to spirits
and to particular persons.63 The faith in this mystical order is shown clearly in the practice of magic, witchcraft, traditional medicine and sorcery.64  The  persons  who  have  access  to  the  power  are  capable of
seeing the deceased, see certain sights, hear certain voices, have visions, receive premonitions of coming events, communicate at a distance without using physical means, foretell certain things before they happen

Aiyedun and Ada “Integrating the Traditional with the Contemporary in Dispute Resolution in Africa. 2016 LDD 160.
Welton Belief and Ritual in the Edo Traditional Religion, (MA Thesis, University of  British  Columbia  (1964) 41.
56   Welton (1964) 41.
57   Welton (1964) 42.
Nwauche 2008 AHRJ 570.
Nwauche 2008 AHRJ 570.
Women’s Link Worldwide Trafficking of Nigerian Women and Girls: Slavery across Borders and Prejudices (2015)  12.
61	Ikeora (2016) 4.
62 Mbiti Introduction to African Religion (2015) 18. 63    Ikeora (2016) 4.
64   Ikeora (2016) 5.

Traditional “juju oath” and human trafficking in Nigeria: A human rights perspective 147

and perform miracles which cannot be done by other people.65 People who have access to these powers are intermediaries in both worlds who
connect the visible and invisible worlds.66 These people include priestesses, priests, kings, medicine men, diviners, seers and    oracles.
Prayers, sacrifices or offerings are made to the invisible world through those powerful people as a form of respect to the deities and to the ancestors.67
The traditional oath ceremony is applicable in many circumstances in Nigeria,  including   weddings.68  Oaths  and  rituals  for  infidelity      are
applicable in the traditional marriage ceremony of those who adhere to traditional religious practices.69 The oath-taking for infidelity has been reported to occur even in some independent churches in the Yoruba
tribe, since certain traditional religious practices are integrated into the church.70 There is a popular saying and belief amid Yoruba people that being a Christian does not deter one from performing rituals “igbagbo ko
ni kama soro”. In churches, the woman will be required to kneel and put her hand on the Bible in order to receive the “aura of the oath”.71 It is also reported that in some churches, the ritual takes the form of a “blood
oath”, where one of the couple is cut and the other swears  on  the  blood.72 The traditional oath is also applicable in marital faithfulness at a shrine or divinity, before a traditional medicine person, or on the bank
of a river or stream. In addition, traditional oaths are sworn for a range of reasons, including proving innocence after an accusation of infidelity, the prevention of infidelity and a promise to be faithful as a newlywed wife.  These  oaths  are  usually  administered  by  the  chief  priest,   a
traditional priest or, among Christians, by a pastor or priest.73
The traditional oath is also used in the justice system, as historically an important function of oracles, priests, tribunal elders and spiritual leaders was to maintain justice. In the pre-colonial era, spiritual leaders were vital
within the judicial system.74 Resolutions and sentencing were based on morals and natural laws instead of written laws.75 To date, despite  the
existence of international law, domestic law and globalisation, traditional justice and political systems are still in use.76 These are used as a method of  determining  the  veracity  of  evidence  in  a  traditional      dispute

Nwauche 2008 AHRJ 570.
Nwauche 2008 AHRJ 570. 67   Welton (1964) 57.
68   Welton (1964) 58.
Nwauche 2008 AHRJ 570.
Nwauche 2008 AHRJ 571.
Ekeke and Ekeopara “God, Divinities, and Spirits in African Traditional Religious Ontology,” 2010 American Journal of Social and Management Sciences 209.
Ekeke 2010 AJSMS 209. 73   Ikeora (2016) 6.
74  Ellis This Present Darkness: A History of Nigerian Organised Crime (2016) 77.  75     Ellis (2016) 77.
76 Oraegbunam “The Principles and Practice of Justice in Traditional Igbo Jurisprudence” 2009 OGIRIS: A New Journal of African Studies 55.

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settlement proceeding in Nigeria. The procedure is more applicable in customary law arbitration amongst the Igbo tribe and is commonly used
in crime detection in respect to very serious crimes.77 It is used as a last resort   in   adultery,   land   and   defamation   dispute    settlements.78
Traditionally, women and children were not allowed to participate in the more destructive forms of this oath.79 The oaths in the justice system take many forms, but the common one is swearing on a dreaded “juju”,
where the oath is worded in such a way that the swearer raises on themselves a conditional curse and agrees to be punished if they  lie.80
Subsequently, parties to such disputes are supposed to wait for a period  of one year for the verdict of the swearer, as it is believed that false swearers die or are afflicted with grave misfortune within a year of taking
the oath.81 If it happens that the swearer survives for a year after taking the oath without death or any severe illness, he or she will be considered innocent and the dispute will be settled in his or her favour.
Swearing the oath prior to leaving the country is viewed within the context of the traditional justice system as a pact with the gods and insurance  that  the  crime  of  stealing  will  not  occur.82  If  the   swearer
breaches the promise, it will not only offend the gods, but also break a natural law for which there will be consequences.83 The affirmative of this oath activity is all about sealing a contract. However, traffickers
exploit this tradition and tell those being trafficked that they must obey every order or a curse will harm them.84 This prevents victims from seeking assistance or cooperating with law enforcement. During the
ceremony, the swearers are required to give personal items to the shrine priests to create an object; these including underpants, saliva, menstrual blood, hair or fingernails.85 It is clear that the oath is very frightening  for
women and girls, ensuring their silence and obedience. Women and girls in Nigeria have been rendered entirely incapable of resisting criminal   acts    and    human    rights    violations    through    this    traditional oath
ceremony.86 In fact, even when they have been identified as victims and removed from a trafficking situation by state authorities, they do not
cooperate, and hence hinder the authorities attempting to provide sufficient protection to them. Most of the victims refuse to discuss their experiences and end up making oblique references only.87 Some of the
things, which are believed to happen when the swearer does not honour the oath, include, but not limited to, the following:

77 Oraegbunam 2009 A New Journal of African Studies 55. 78   Ekeke (2010) 2010.
79   Ekeke (2010) 209.
Nwauche 2008 AHRJ 571.
Nwauche 2008 AHRJ  571. 82 Daman CNN (2018-03-21) 2. 83 Daman CNN (2018-03-21) 2 84    Daman CNN (2018-03-21) 2
85 Okojie, Okojie and Vincent-Osaghae Trafficking of Nigerian Girls to Italy: Report of Field Study in Edo State Nigeria (Masters Dissertation, University of Benin, Country (2003) 17.
86    Okojie (2003) 17.
87    Ellis (2016) 77.

Traditional “juju oath” and human trafficking in Nigeria: A human rights perspective 149

Not being able to have a child, or dying in the process of giving birth by excess bleeding that would never  stop;
That the swearer or her parents will  die;
That the family of the swearer will be destroyed;
That the swearer will become insane.88
Mechanisms of human trafficking are countless, concealed and variable, with the common systematic feature of imposition and maintenance of
order.89 Trafficked persons are usually recruited by intermediaries, middlemen or agents who are known as madams, ma’am or masters in
Nigeria.90 Thereafter, they pass along the trafficking chain under tight control. It is distressing to note that the individual of first contact and middlemen  are  often  family  members  and  friends  and  not entirely
strangers. The familiar relationship element makes it easy for a victim to accept what is happening to her, and makes it difficult for authorities to conduct investigations and bring about prosecutions.91 Other  victims’
family members encourage them to obey their traffickers and endure exploitation to earn money. The relationship element also makes the imposition of traditional oaths easy, believable and readily accepted, especially when the agents of trafficking present themselves as successful within their communities. This places a premium value on wealth and emigration to a better place, regardless of the means used to achieve this.
In some accounts of the oath ceremony, the amount of debt is agreed  on during or before the ceremony and is performed as a contract entered into between the trafficker and the one being trafficked for the purposes  of secrecy, adherence, confidentiality and repayment of the cost of the
victim’s journey, which is determined by the traffickers themselves.92 The victims often cooperate and take the oath voluntarily, although under deceptive promises. Most of them are usually    not aware of the
extent of the debt and the exploitative circumstances under which they will have to work.93 Many victims are unaware of the value of exchange rates for money they are promising to pay back whilst taking the oath, as
this is mostly communicated to them in Euros.94 When the victims arrive in Europe they come to realise that the amount of money they have sworn to pay is too large and unaffordable.95 When they are told, they
will have to pay back a certain amount, they usually think in terms of the Naira, which is Nigeria’s currency.96 They thus end up working for their traffickers for a long period. Often the traffickers give the victims false

88   Ekeke (2010) 210.
Nwauche 2008 AHRJ 569.
Nwauche 2008 AHRJ 569.
Nwauche 2008 AHRJ 570.
Nwauche 2008 AHRJ 571.
Nwauche 2008 AHRJ 572.
Nwauche 2008 AHRJ 572. 95   Okojie (2003) 18.
96    Okojie (2003) 19.

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promises of legitimate employment and traditions to gain psychological control  over them.97
Victims are subjected to different types of the traditional oath ceremony. Some types of the traditional oath ceremony are specific to certain shrines.98 There is no clear data on how many trafficked women
and children from Nigeria have undergone the oath as the ceremony is meant to be secret and undisclosed.99 It is assumed that there are more instances  of  the  use  of  the  traditional  oath  in  trafficking  than       are
currently being revealed.100 It is noted that some of the victims may have made such oath covenants many times in their lives for other things that are  not  connected  to  human  trafficking.101  It  is  a  common   practice,
which they grow up with. Human trafficking cases have brought many challenges to the law enforcers in Nigeria, where victims are controlled by traditional oaths and withhold information, claim not to  remember,
or return to their traffickers to fulfil their agreements.102
5 Traditional oath, and violation of human rights in trafficking
Many practices associated with human trafficking are undoubtedly outlawed under human rights laws. The use of traditional oath ceremony as a control mechanism in trafficking goes against numerous human rights instruments, apart from the Trafficking Protocol. The Universal Declaration of Human Rights of 1948 (UDHR) was the first international human rights instrument to acknowledge in its preamble that the “recognition of the inherent dignity and of the equal and inalienable
rights of all members of the human family is the foundation of freedom, justice, and peace in the world”.103 Article 1 of the UDHR declares that everyone  is  born  free,  with  equal  dignity  and  rights.  The Declaration
prohibits, amongst other things, all forms of slave trade, servitude and slavery or slave-like practices.104 Article 13(1) guarantees the right to freedom of movement and residence in any state to all, while the right to
freely choose employment and to obtain just and favourable conditions   of work is declared under article 23(1) of the UDHR.105 There are numerous other relevant human rights treaties, which inform responses
to trafficking in persons at a global level, which  include:
Convention on the Elimination of All Forms of Discrimination against Women, 1979 (CEDAW).

97    Okojie (2003) 19.
98    Okojie (2003) 19.
99   Welton (1964) 78.
100  Welton (1964) 78
Nwauche 2008 AHRJ 572.
Siddarth BBC News (2014-10-14).
First Paragraph of the Preamble of UDHR of 1945.
Art 4 of UDHR of 1945.
Art 23(1) of the UDHR.

Traditional “juju oath” and human trafficking in Nigeria: A human rights perspective 151

Convention on the Rights of the Child, 1989 (CRC).
Optional Protocol to the Convention on the Rights of the Child on the sale of children, child prostitution and child pornography, 2000.
United Nations Convention against Transnational Organised Crime, 2000 (UNCAOC).
International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families, 1990.
International Covenant on Civil and Political Rights, 1966 (ICCPR).
International Covenant on Economic, Social and Cultural Rights, 1966 (ICESCR).
Convention on the Elimination of All Forms of Racial Discrimination, 1965 (CERD).
International labour Organisation Convention No. 29, 1930 (ILOC).
Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, 1981 (UNCAT).
Protocol to prevent, suppress and punish trafficking in Persons, especially in Women and Children, 2000 (UN TIP Protocol).
The two major international human rights instruments, CEDAW,106 and CRC contain substantive reference to trafficking,107 while others prohibit
practices associated with trafficking, including slavery, child sexual exploitation, servitude, enforced prostitution and the exploitation of prostitution resulting from traditional oath practices. Article 6 of CEDAW is specifically dedicated to trafficking in women. It provides that “States Parties shall take all appropriate measures, including legislation, to suppress all forms of traffic in women and exploitation of prostitution   of
women.”108 This article enjoins parties to CEDAW to take all legislative and other measures to deal with all forms of traffic in women and   the
exploitation of the prostitution of women. CEDAW establishes that which constitutes discrimination against women and sets up an agenda for state parties to act to end such discrimination. Countries, which have ratified CEDAW, are required to commit themselves to undertake a series of measures to domesticate the principle  of equality  of men and women  and abolish all discrimination against   women.
The CRC also dedicates itself to the abolition of trafficking in children, although this form of exploitation is already contained in the Declaration on the Rights of the Child.109 The instrument banning the illicit transfer
of children abroad, and their exploitation and trafficking establishes various measures to safeguard children from such practices. The instrument defines a “child” as “every human being below the age of eighteen years unless, under the law applicable to the child, majority is

Nigeria signed CEDAW on 1984-04-23 and ratified it on 1985-06-13 respectively.
Nigeria signed this instrument on 1990-01-26 and ratified it on 1991-04-19.
Art 6 of CEDAW
The Declaration was adopted by the UN General Assembly on  1959-11-20.

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attained earlier”.110 Although the declaration does not establish a relationship between trafficking and forced prostitution, it does acknowledge that children may be subjected to various forms of exploitation. The declaration confers duties to state parties to   prevent
child exploitation, to protect and recover children in case where they are or have been exploited or abused, and to combat their illicit transfer.111
Various human rights are contravened at different points in the trafficking cycle. Some instances of trafficking breach the right to an adequate standard of living. Many human rights, such as the right to be free from slavery, exploitation and torture are breached in the actual process of trafficking. Other rights, such as the right of suspects to a fair trial are a response to trafficking. Human trafficking is regarded as a modern form of slavery, which frequently involves physical, psychological and sexual abuse. The psychological abuse aspect is linked to the use of traditional oath ceremony. It is connected to the superstitious beliefs of victims, which are imbued in their psychology as part of their culture. The traditional oath is used as a coercive technique and a push factor in trafficking. Most of the survivors establish that they
were lured by the false dream of a new life abroad.112 Traffickers have been using duplicitous approaches to influence victims into believing that
the potential rewards are greater than the risks along the trip.113 Traffickers usually do not discuss the risks at all, and if they do, these are discussed in a minimal manner.114 Many victims are promised to be
taken to school or given jobs, such as hairdressers, nannies, designers, restaurant workers or housekeepers, which is an enticing offer to vulnerable women and girls, many of whom are just school dropouts and
struggle to survive by hawking petty items on the  streets.115  The  bondage is used as a means of controlling and exploiting victims. Debt bondage  is  forbidden  in  human  rights  law,  though  the  pledging     of
personal services as security for a debt, where the value of such services is not applied towards the liquidation of a debt, or its period or nature, is not delimited and defined. Recruitment through duplicity or false promises violate an individual’s right to liberty and security, which are
guaranteed under article 9 of the ICCPR.116 This also, in many cases, involves  women  been  deprived  of  their  liberty  to  be  treated  with
humanity  and  the  right  not  to  be  subjected  to  cruel,  inhuman  or

Art 1.
Art 35 of the Convention on the Rights of the Child of 1989, which states that “States Parties shall take all appropriate national, bilateral and multilateral measures to prevent the abduction of, the sale of or traffic in children for any purpose or in any  form”.
Elbagir and Leposo “Smuggled by Nigeria’s Pushermen” CNN (2018-02 27). 113    Daman CNN (2018-03-21) 2.
114    Daman CNN (2018-03-21) 2.
Africa Faith and Justice Network (AFJN) “The Challenges of Human Trafficking in Nigeria” AFJN (2017-07-28) 2.
Art 9 of the ICCPR.

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degrading treatment, both of which are guaranteed by articles 10 and 7 of the ICCPR.117
The free will of most of the trafficked victims participating in the traditional oath ceremony is infringed in three different stages. The first is when they make the decision to migrate from Nigeria. Secondly, where they make the choice to participate in the oath ceremony, and finally, while they are determining to abide by the oath or break the promise. The concept of free will is well analysed in the UDHR, which was the first document to address the concept of free will. Article 1 of the declaration provides that, “All human beings are born free and equal in dignity and rights. They are endowed with reason and conscience and should act towards  one  another in  a  spirit  of  brotherhood”.  The  right  to self-
determination is safeguarded by a number of international instruments, including the CEDAW,118 ICESCR119 and CERD.120
The right to freedom of movement of victims is also largely infringed upon by the seizure of their documentation upon arrival in the destination country, with the understanding that if they did not comply with what is demanded of them, they will be threatened and beaten. It is also sad to note that victims of this traditional oath for trafficking purposes not only experience pressure and abuse of power from traffickers, but also from their own families. Nigeria, like many other African countries, conforms to a patriarchal system where males usually
exercise authority over females.121 Men heavily influence family directives. Men are the ones who most often make decisions for women and girls. Parents have a tendency to make decisions and coerce   their
daughters too.122 Some of the victims interviewed alleged to pressure by their family members to abide by their oaths to avoid misfortune.123
The efficacy of the oath as a control mechanism in trafficking is tantamount to torture, as defined by international law UNCAT. Article 1(1) of the UNCAT defines torture as follows:
[a]ny act by which severe pain or suffering, whether physical or mental, is intentionally inflicted on a person for such purposes as obtaining from him or a third person information or a confession, punishing him for an act he or a third person has committed or is suspected of having committed, or intimidating or coercing him or a third person, or for any reason based on discrimination of any kind, when such pain or suffering is inflicted by or at the instigation of or with the consent or acquiescence of a public official or

Art 10 and 7 of the ICCPR.
Art 2 of the CEDAW 1979.
Art 1 of the ICESCR of 1966.
Art 5 of the CERD. 121 Aiyedun (2016) 156. 122  Aiyedun (2016) 157.
123 Baarda “Human Trafficking for Sexual Exploitation from Nigeria into Western Europe: The Role of Voodoo Rituals in the Functioning of a Criminal Network” (2016) European Journal of Criminology 258.

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other person acting in an official capacity, it does not include pain or suffering arising only from, inherent or incidental to lawful sanctions.124
The definition of torture contains three collective elements, which are: (1) The intentional infliction of severe mental or physical suffering; (2) by a public official, who is directly or indirectly involved; (3) for a specific purpose. Although element 2 is not pertinent to the study at hand, as torture in trafficking is most likely not inflicted by a public official, the remainder of the definition remains highly relevant. The application of a traditional oath ceremony in trafficking subject victims to extreme physical and psychological torment, and the things which subsequently happen to them, as listed below, are also considered torture:
Aggressive and often violent oath-taking ceremony;
Threat of death to oath-takers and their families during the ceremony;
Entrapment through excessive debt bondage and manipulation to believe there will be a dream life thereafter;
The shock of the deception and realizing the dream is really a nightmare and the awareness of being sold into slavery;
Witnessing horrific violence, such as murder, rape, beatings, and other forms of death;
Repeated rape, physical abuse, and starvation; Threats from traffickers, madams, and family members to prevent escape or reports to authorities;
Intense feelings of humiliation, shame and  guilt;
Isolation in a foreign country, unable to speak the language, confiscated documents and no way to earn a legitimate income;
Physical restriction of movement;
Degradation to the level of passivity; and
Begging on the streets for survival.125
The proscription of torture and other forms of ill-treatment has a special prominence in the international protection afforded by human rights. It is encompassed in numerous international and regional treaties, and forms part of customary international law binding all states. Other international human rights instruments, including the UDHR, prohibit torture. Article 5 of the UDHR states that “No one shall be subjected to
torture or to cruel, inhuman or degrading treatment or punishment”.126
Another fundamental human right, which is largely infringed upon by the application of the traditional oath ceremony, is the right to freedom of speech and expression. It is one of the human rights, which is protected  by  several  key  international  human  rights     instruments,

Art 1(1) of the UNCAT.
Baarda (2016) European Journal of Criminology 259.
Art 5 of the UDHR.

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including the ICCPR,127 CERD,128 and the UDHR.129 The Government of Nigeria has also incorporated the right to free speech into their Constitution, which states that “Every person shall be entitled to  freedom
of expression, including freedom to hold opinions and to receive and impart ideas and information without interference”.130 The fundamental reason  for  making  trafficked  victims  undergo  the  traditional   oath
ceremony is to force them to remain silent in an effort to prevent authorities from tracing the identities of the traffickers and to ensure that traffickers’ orders are obeyed.
The gods are summoned to frighten the victims from speaking, and therefore prevent them from acting in the future.131 While traditionally the  oath  was  used  to  detect  crimes,  its  purpose  has  now       been
transformed into an instrument whereby to commit crimes. Some women survivors of trafficking are at times subject to serious human rights violations while in the hands of foreign governments as well.132
This is because many governments have policies, which prioritise the enforcement of immigration laws and other domestic offences, such as prostitution or begging.133 They end up detaining, prosecuting and
deporting victims of trafficked persons for offenses relating to their status.134 Survivor victims experience isolation from foreign governments’ support systems and are kept under constant  control.135
Some of them are subjected to police victimisation, which leads to additional vulnerabilities and human rights violations, which may eventually result in re-trafficking.136
Human rights laws also prohibit forced labour under the International Labour Organisation Forced Labour Convention of 1930 No. 29. Forced labour is defined under article 1 as, “all work or service which is exacted from any person under the menace of any penalty and for which the   said
person has not offered himself [herself] voluntarily”.137 Forced labour is also prohibited under article 11 of the UN International Convention on  the Protection of the Rights of All Migrant Workers and Members of their
Families of 1990, which explicitly prohibits both slavery and forced labour.138  Trafficking  is  included  amongst  the  worst  forms  of   child

127  Art 19(2).
Art 5(d) viii.
Art 19.
Art 39 of Constitution of the Federal Republic of Nigeria of 1999. 131  AFJN (2017-07-28).
European Support Asylum Office (ESAO) “EASO COI Meeting Report: Nigeria,” EASO Practical Cooperation Meeting, Rome, (2017-06- 12-13) 2.
Europol “Joint Action to Tackle West African Human Trafficking Networks.” Europol (2014-06-12) 2.
134 Europol (2014-06-12) 2.
135 Europol (2014-06-12) 3.
136 Europol (2014-06-12) 3.
Art 1 of The International Labour Organisation Forced Labour Convention of 1930.
Art 11 of the UN International Convention on the Protection of the Rights of All Migrant Workers and Members of their Families of 1990.

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labour, defined by the Worst Forms of Child Labour Convention No. 182 of 1999, which specifically deals with the abolition of these forms of child
labour.139 It is an international instrument, which primarily deals with child labour exploitation, such as child trafficking and the sale of children
for sexual or other forms of exploitation.  Other  international  instruments, which protect individuals against forced labour, include the CRC,140 CEDAW,141 and UDHR.142 Other rights of trafficked    victims
guaranteed in CEDAW which are typically violated include the rights to freedom of movement,143 to free choice of profession,144 to equal remuneration,145 and to choose a spouse and to marry.146 Victims   of
trafficking are deprived of their right to liberty of movement and freedom to choose their employer and the kinds of work they wish to perform.
Additionally, the African region has joined international human rights efforts to combat human trafficking by adopting the African Charter on Human and Peoples’ Rights (ACHPR) since 1981.147 Though the ACHPR
does not specifically refer to human trafficking, it is more directly relevant to human trafficking as it prohibits slavery and all acts which impair the right to liberty and security of a person. Article 5 provides that, “all forms of exploitation and degradation of man, particularly slavery, slave   trade,   torture,   cruel,   inhuman   or   degrading   punishment and
treatment shall be prohibited”.148 The ICHPR includes what is apposite to labour trafficking, the right to work under, “equitable and satisfactory” working conditions and the principle of equal pay for equal work.149 The
ACHPR also includes numerous human rights, which are naturally violated when a person is trafficked, such as the rights to equality, life, non-discrimination, liberty, privacy, integrity and security of the   person,
dignity and freedom of movement.150
Additionally, the African Union (AU) has adopted two instruments which make specific provision for the protection of women and children against slavery, which are: the African Charter on the Rights and Welfare of the Child of 1990 (ACRWC) and the African Charter on Human and People’s Rights on the Rights of Women in Africa of 2003 (Maputo Protocol). Given the essentials of tradition in the structure of women's entitlement to enjoy their human rights in Africa, the Maputo Protocol

Ratified by Nigeria on the 2002-10-02.
Art 34.
Art 11.
Art 4. 143  Art 15(4).
Art 11(1). These rights are relevant to human trafficking, because they are often violated in labour trafficking.
See footnote 20.
Article 16(1)(a) and (b). These rights are often not adhered to in trafficking for the purposes of forced or child marriages.
Nigeria ratified the ACHPR in 1983.
Art 5 of the ACHPR.
Art 15.
These rights are under Art 2-6 and 12 of the ACHPR.

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incorporates article 5(a) of CEDAW in its article 4(b), which specifies parties to the protocol should embark to:
… [m]odify the social and cultural patterns of conduct of men and women, with a view to achieving the elimination of prejudices and customary and all other practices which are based on the idea of the inferiority or the superiority  of  either  of  the  sexes  or  on  stereotyped  roles  for  men and
women.151
The Maputo Protocol requires state parties to prohibit and condemn all forms of harmful practice, such as the use of traditional oath ceremony in trafficking, which negatively affects the human rights of women and which is in conflict with recognised international standards.    Further,
article 17 of the Protocol requires states to ensure the right of women to live in a positive cultural context.152 The Maputo Protocol also places African cultural values into a filter under paragraph 2 of its  Preamble,
which states that: “Women shall enjoy, on the basis of equality with men, the same rights and respect for their dignity and contribute to the preservation of those African cultural values that are positive and   are
based on the principles of equality, dignity, justice, and democracy”.153 These words in the Preamble not only give some meaning to positive African values, but also state clearly that in invoking these values, care
needs to be taken not to permit the kinds of culture, which will disrespect the dignity of women.
Likewise, the ACRWC confers obligation on state parties to prevent, “(a) the abduction, the sale of, or traffic of children for any purpose or in any form, by any person including parents or legal guardians of the child;
the use of children in all forms of begging”.154 Albeit that the difference between the trafficking and sale of children is not elucidated in the ACRWC, it does reinforce international human rights laws, and the
implied obligation that the protection of fundamental rights, especially those affecting children, is an integral part of domestic anti-trafficking responses. The ACRWC reaffirms general fundamental human rights and includes specific obligations on child labour, a phenomenon that is often prevalent in human trafficking. It gives state parties a broad obligation to protect children from all forms of economic exploitation, including work, which is hazardous, or work that interferes with, “the child’s physical,
mental, spiritual, moral, or social development”.155 Under article 15(2) of the ACRWC it is added that minimum wages, appropriate  working
conditions and relevant provisions from International labour Organisation Conventions relating to children must be adhered to.156 The ACRWC explicitly provides what is overlooked by the CRC,  that

Art 4(b) of The Maputo Protocol.
Art 17 of The Maputo Protocol.
Paragraph 2 of the Preamble of The African Charter on Human and People’s Rights on the Rights of Women in Africa of 2003.
Art 29 of the ACRWC.
Art 15(1) of the ACRWC.
Art 15(2) of the ACRWC.

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restrictions on the economic exploitation of children apply to both formal and informal sectors of the economy. This is substantial because children are normally trafficked for forced labour into the informal and unregulated sector, such as sexual exploitation, where they are easily exploited because they are not protected by labour rules.
The African Union further adopted the Ouagadougou Action Plan to Combat Trafficking in Human Beings, especially women and children in 2006. Both instruments reconfirm international conventions on human trafficking and encourage African states to adopt administrative, legislative and institutional measures to combat trafficking of human beings within the region. The Ouagadougou Action Plan encourages the invention and implementation of both domestic and regional action plans by states in Africa toward achieving extensive and    harmonised
interventions. 157
6 Measures taken by Nigeria to combat the use of traditional oath in human trafficking
6 1  Legislative and policy measures
Though Nigeria has taken several legal measures in ensuring that human trafficking  is  ended,  the  number  of  successful  convictions  for human
trafficking offences is very low.158 The application of traditional oath ceremonies  in  trafficking  ensnares  victims  and  makes  it      incredibly
difficult to detain, prosecute, and ultimately stop traffickers.159 Another problem is the silence, which surrounds the rituals. While the traditional oath ceremonies are widely believed in and practiced, they are rarely
spoken about publicly. People think that even talking about “juju” might lead to something bad happening to them.160Although  the  traditional oath has legal recognition and is used in the justice system, there is a
need to subject it to a test to remove superstitious and harsh elements as it has turned out to be a major hindrance in the enforcement of human trafficking  offence  laws.  It  should  be  noted  that  customary  law is
recognised in Nigeria as part of its legal system, although it does not have constitutional recognition and protection.161 The Constitution of Nigeria  is  silent  about  what  is  to  happen  in  the  event  of  conflict     between
customary laws and constitutional provisions, which guarantee human rights. A national Constitution is the law of the highest authority; therefore, it should be unambiguous in ensuring that tradition and  customs do not infringe upon the rights of individuals. For instance, the

157 Ruby and Benjamin (2012)17.
158 Sawadogo (2012) 98.
159 Sawadogo (2012) 98.
160 Sawadogo (2012) 99.
161 The 1886 Charter of the Royal Niger Company provides that in the administration of justice, the customs and laws of the people in its territory must be respected and upheld.

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Constitutions of Uganda and Ghana contain provisions, which protect women from harmful customary practices. Section 26(2) of Ghana’s Constitution  of  1992  provides  that:  “All  customary  practices    which
dehumanize or are injurious to the physical and mental wellbeing of a person are prohibited”.162 More absorbing is the Ugandan Constitution of 1995 in section 33(6), which establishes that: “Laws, cultures or
traditions which are against the dignity, welfare or interest of women or which undermine their status, are prohibited by this Constitution.”163 However, the Nigerian High Court has jurisdiction under the Evidence Act
to observe and enforce the observance of every customary rule of the people in the country to test and remove superstitious  and  harsh elements. The Act states that: “Provided that in case of any custom relied upon in any judicial proceeding, it shall not be enforced as law if it is contrary to public policy and is not in accordance with natural justice,
equity and good conscience”.164 The High Court needs to invoke the above provision to nullify the use of traditional oath in human trafficking.
6 2  International measures
Nigeria has launched various initiatives at an international level. It has signed and ratified many international, regional which are directly or indirectly related to trafficking as discussed above. Nonetheless, for any international treaty to be applicable in Nigeria it must be incorporated into its domestic law by the process of specific adoption. The Nigeria Constitution under section 12(a) provides that no treaty between Nigeria
and any other country shall have the force of law, except to the extent to which the National Assembly has enacted any such treaty into law.165 Therefore, all international treaties signed and ratified by Nigeria are only
persuasive. This is to the effect that victims of human trafficking cannot rely on the provisions of international human rights, as discussed above, to enforce their rights in Nigerian courts except to the extent that those rights are provided for under the Constitution or other relevant domestic Nigerian laws. Nigeria must domesticate international human rights treaties relating to human trafficking, as it has already ratified these treaties, which should now be rendered enforceable internally. The incorporation of international treaties into domestic legislation is of paramount importance, because if the national court is left in a position where they can only consider ratified instruments, the rights of many trafficking victims will continue to be denied.
6 3  Establishment of institutional framework
Apart from legislative measures taken by Nigeria to compact human trafficking, the country also established The Inter-Ministerial Committee on Human Trafficking in 2001. The committee aims to bring together

S 26(2) of Constitution of Ghana, 1992.
S 33(6) of Ugandan Constitution, 1995
S 18(3) Nigeria Law of Evidence, 2011.
S 12(a) of The Constitution of the Federal Republic of Nigeria, 1999.

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representatives of Federal Government Agencies and Ministries to combat  trafficking  of  persons  and  form  Nigeria’s  response  to  the
phenomenon.166 The committee includes the Immigration service, the police, the Federal Ministry of Justice, the Ministry of Justice, the Federal
Ministry of Women Affairs, the National Planning Commission, the Customs Service, and the Office of the Secretary to the Government of the Federation.167 However, the absence of legislative guidance and  a
lack of effective coordination, the presence of rivalry amongst members, along with competing demands of the agencies, are factors, which have placed the committee under critique.168
To address human trafficking issues, Nigeria established a National Agency  for  the  Prohibition  of  Traffic  in  Persons  and  Other   Related
Matters (NAPTIP) in 2003.169 The agency has wider mandates, including monitoring, investigation and prosecution of human trafficking. The   law
also confers jurisdiction to the agency to deal with the counselling and rehabilitation of the victims of trafficking, and also to deal with public enlightenment  on  matters  pertaining  to  human  trafficking.170  It     has
established a National Referral Mechanism for Protection and Assistance to Trafficked Persons in Nigeria in 2013, which offers guiding principles for immigration officials, law enforcers and other service providers to
advance protection and support trafficking victims.171
The NAPTIP is involved in monitoring cross-border movements, the investigation of human trafficking cases and the prosecution of human trafficking cases in the courts of law. NAPTIP has successfully conducted 282  convictions  and  prosecuted  337  persons  between  December 2004
and December 2017.172 A total of 5,496 cases of human trafficking and other related matters have been reported to NAPTIP since its inception.173 The agency collaborates with other agencies at regional and
international levels, which ensure the eradication and prevention of human trafficking in the country and in bordering countries. The few successful prosecutions and convictions of traffickers described above indicate that there is still ineffectiveness in the criminal justice systems

Morka “National Rapporteurs on Trafficking in Persons and Equivalent Mechanisms in Addressing Trafficking in Person (NREMs): Institutional Framework – Nigeria’s Perspective’ NAPTIP 2014 7.
The work of the Committee is coordinated by the Office of the Special Assistant to the President on Human Trafficking and Child Labour.
Morka 2014 NAPTIP 18.
The agency was established by The Trafficking in Persons (Prohibition) Law Enforcement and Administration Act of  2003.
S 9(3) and (4)(a) of the Trafficking in Persons (Prohibition) Law Enforcement and Administration Act of 2003.
United States Department of State: Office to Monitor and Combat Trafficking in Person “Trafficking in Persons Report – Nigeria” (2014) 17.
NAPTIP Data-Analysis-Final Report 2017 (2017)14. 173   NAPTIP (2017)15.

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and related institutions in combating human trafficking.174 Reports show that some law enforcers harass rather than help the victims, particularly those engaged in prostitution. Hence, law enforcers must be able to recognise trafficking when they see it otherwise; they may ignore a case  or  take  unsuitable measures.

7  Concluding remarks
The trafficking of women and children in Nigeria is a serious human rights infringement, which can only be curbed by the proper enforcement of national and international trafficking laws and the eradication of cultural traditions that are harmful to women and children. This is necessary to protect those who are vulnerable and being harmed by traditional belief practices. The inadequate implementation of these laws constitutes a major challenge in Nigeria. Traditions and culture should not be obstacles to the realisation of human rights, but rather a means of paving the way for individuals to obtain their rights. In this context, the right to take part in cultural activities and practices and in traditional life includes the right not to participate in traditions and customs, which infringe on human dignity and human rights. Nigeria needs to strengthen its laws and policies protecting women and children from harmful traditional beliefs, such as traditional oath.
Given the unique social dynamics of traditional oath ceremony, the enactment of comprehensive, stand-alone legislation to regulate its applicability is recommended. Additionally, it is important that the recommended legislation provides for punishment and remedies in instances where traditional oath ceremony practices and crimes are planned and committed across borders.  To  counter  these  phenomena, the principle of extraterritoriality in respect to traditional oaths must be applied. This would allow for the extradition of perpetrators for their harmful beliefs and for them to stand trial, and would eliminate  diplomatic protocols, which may hinder a victim’s access to assistance. The principle of extraterritoriality is found in various European legislations pertaining to harmful African practices, such as Female Genital Matriculation (FGM) and forced marriages. The most promising example in this regard is Spain, which under its Constitutional Act 3/ 2005, provides that FGM committed abroad is a   crime.
The focus on the available international human rights laws to eradicate the use of a traditional oath in human trafficking may appear as being western pressure for change. This is because the focus on international

174 The 2014 Global Report on Trafficking in Persons of the UN Office on Drugs and Crime indicates that only four in 10 countries reported having 10 or more yearly convictions, with nearly 15 per cent having no convictions at all. According to the US Trafficking in Persons Report of 2014, the Sub- Saharan African region had only 574 human trafficking prosecutions and 341 convictions in 2013 (United States of America Department of State, 2014).

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human rights is sometimes criticised as being heavy-handed and insensitive, and is often perceived as culturally imperialistic in most African countries. This paper argues that efforts to change the use of the traditional oath in human trafficking are most effective when they originate from within the culture, which practices them. In Africa, traditional and religious leaders have a huge influence on customs and practices and are therefore vital in the struggle to change society’s attitudes. The government needs to empower and enable local leaders in advocating for correctly using traditional oath. This is likely to be an effective way of affecting change. It is a strong argument that, if traditional leaders support the abolition of the use of traditional oath ceremony for women and girls, then people in their communities are likely to do the same. The cooperation and understanding of policymakers, local community leaders and the people who have experienced or witnessed the hardships caused by  traditional  oaths  within societies is also vitally required.
Positive traditional methods and practices must also be employed to alleviate the abuse of traditional oath ceremonies for a better understanding of rural social realities. For instance, traditional dances and rituals can be used to discourage the misuse of traditional oaths in human trafficking. Dialogue can be encouraged in different traditional systems, which comprise different cultures and religions to challenge negative aspects of the use of traditional oath ceremonies in human trafficking. The upholding of human rights must be conducted in such a way that communities do not feel that the integrity of their traditional practices and beliefs is being compromised. Traditional beliefs should adhere to the values of the right to human dignity. It is important to be culturally sensitive, but this does not mean that respect for culture warrants uncritical and insensitive adherence when cultural, traditional or religious practices are invoked. Traditional beliefs as a rationale for harmful practices to a vulnerable group should not to be accepted; rather, both society and the government should look for opportunities to counteract prejudice and its consequences. The assumption that cultural values are static and inalienable ignores the reality that they are in conflict with human rights and require urgent change.