Nigeria: Oaths and rituals for infidelity among Yoruba Christians in Lagos; consequences for refusal; state protection (2014-March 2016)

Research Directorate, Immigration and Refugee Board of Canada, Ottawa

1. Oaths and Rituals for Infidelity Among Yoruba Christians

In a telephone interview with the Research Directorate, a professor of African religious traditions and African and African American Studies at Harvard University described oath-taking for infidelity as "not a Christian practice" (23 Feb. 2016). In correspondence with the Research Directorate, a representative of the Justice, Development and Peace Commission (JDPC), a Catholic organization associated with the Diocese of Ijebu-Ode in Ogun State [which borders Lagos State] that promotes sustainable and integrated human development (JDPC n.d.), stated that, in Christian marriages, there are no "prescribed oaths or rituals" associated with infidelity (29 Feb. 2016). In a telephone interview with the Research Directorate, a representative of the Centre for Women Studies and Intervention (CWSI), an Abuja-based women's rights NGO founded in 1999 and which is run by nuns (Global Fund for Women n.d.), who has worked in Yoruba land for two years, and spoke based on her own experience, indicated that within the Yoruba, oaths and rituals for infidelity are not common among Christians (CWSI 18 Feb. 2016). Similarly, in a telephone interview with the Research Directorate, a professor of comparative religions at the University of Ilorin, Nigeria, who has conducted research on the role of Yoruba women in religion, stated that Christian families do not engage in oath taking practices (24 Feb. 2016).

In contrast, in a telephone interview with the Research Directorate, a professor of history at Brock University who has written on gender and Yoruba traditional practices stated that, although it is rare, oath taking for infidelity does occur among Yoruba Christians and in some churches, as some traditional religious practices are integrated into the church (25 Feb. 2016). Similarly, sources report that oaths and ritual practices for infidelity occur among those who adhere to traditional religious practices (Professor of comparative religions 24 Feb. 2016; CWSI 18 Feb. 2016). In correspondence with the Research Directorate, a doctoral candidate at Murdoch University, Australia, with a research focus on education and social inequalities, development policies and administration, widowhood and gender studies, human rights and social justice, and who has researched gender relations in southwestern Nigeria, also stated that

[i]mposing rituals for infidelity is uncommon among Christian members in Yorubaland, but there is a popular belief among some Yoruba people that "igbagbo ko ni kama soro" (Being a Christian does not deter one from performing rituals). There are many Yoruba people (Christians) who still believe in the heritage of oaths and rituals for infidelity. (25 Feb. 2016)

Similarly, in correspondence with the Research Directorate, an associate professor of philosophy at Howard University who has expertise in African philosophy and religions noted that, among the various denominations of Christianity in the Yoruba areas of southwestern Nigeria, the more standard denominations, such as the Catholic, Baptist or Anglican churches, are unlikely to engage in oath-taking for infidelity (Associate Professor 2 Mar. 2016). The same source indicated, however, that som e of the many independent churches in Nigeria, whose religious doctrine blends Christianity and Indigenous African religions, do engage in oath-taking for infidelity (ibid.). The Associate Professor further stated that it is not always possible to determine whether a church "adopts 'standard' or non-standard Christian practices" based on its name alone, and it is necessary to investigate the specific rituals of the independent church in question (ibid.).

2. Descriptions of Rituals and Oaths for Infidelity

The Professor of history stated that, specifically in reference to Christian oaths and rituals for infidelity, the woman will be made to kneel in the church and asked to put her hand on the Bible, sometimes very late in the evening, in order to receive the "aura of the oath" (Professor of history 25 Feb. 2016). The same source noted that in some churches, the ritual takes the form of a "blood oath," a practice in which the woman or the husband is cut, and the woman must then swear on the blood (ibid.). Corroborating information could not be found among the sources consulted by the Research Directorate within the time constraints of this Response.

More generally, among the Yoruba in Nigeria, sources indicated that oaths or rituals for infidelity take a variety of forms (doctoral candidate 25 Feb. 2016; Professor of African religious traditions 23 Feb. 2016). Similarly, the Professor of comparative religions stated that "the exact form of the oath varies from family to family" (Professor of comparative religions 24 Feb. 2016). Sources further noted that such oaths are only imposed on women, not on men (ibid.; Professor of African religious traditions 23 Feb. 2016; CWSI 18 Feb. 2016).

The Professor of comparative religions described a ritual that occurs in traditional society in which the woman takes an oath to prove her innocence following an accusation of infidelity, and then drinks a potion; if it does not have an effect within 7 days, she is innocent, but if it does, she is deemed guilty (Professor of comparative religions 24 Feb. 2016). Similarly, the CWSI representative mentioned an infidelity ritual that occurs in traditional society that involves the drinking of a potion (18 Feb. 2016).

According to sources, an infidelity oath can involve a woman swearing to her marital faithfulness at a shrine (JDPC 29 Feb. 2016; doctoral candidate 25 Feb. 2016; Professor of African religious traditions 23 Feb. 2016), at "a divina or in front of a medicine man or woman" (ibid.), or "at the bank of a river or stream" (JDPC 29 Feb. 2016). Sources also indicated that oaths are sworn for various reasons, including the prevention of infidelity (Professor of African religious traditions 23 Feb. 2016; Professor of history 25 Feb. 2016), a promise to be faithful as a newlywed wife (JDPC 29 Feb. 2016), or to prove innocence after an accusation of infidelity (Professor of African religious traditions 23 Feb. 2016; Professor of comparative religions 24 Feb. 2015; Professor of history 25 Feb. 2016). Sources noted that oaths are administered by the chief priest (JDPC 29 Feb. 2016); a traditional priest (CWSI 18 Feb. 2016); or, among Christians, by a pastor or priest (Professor of history 25 Feb. 2016).

Sources reported that when taking the oath, the woman will be told the consequences of infidelity (ibid.; Professor of African religious traditions 23 Feb. 2016; CWSI 18 Feb. 2016). Sources noted that the following consequences may be mentioned by the person administering the oath as part of a Yoruba infidelity ritual:

death of the woman (Professor of African religious traditions 23 Feb. 2016; CWSI 18 Feb. 2016);

illness of the woman (ibid.; Professor of African religious traditions 23 Feb. 2016);

death of the woman's husband (JDPC 29 Feb. 2016);

death or illness of her family (CWSI 18 Feb. 2016);

death of the woman's children (ibid.; JDPC 29 Feb. 2016) or losing her children (Professor of history 25 Feb. 2016); and

infertility (ibid.).

The Professor of history indicated that the impact has an emotional and psychological impact on the woman as it "makes her believe that something more powerful is controlling her" (Professor of history 25 Feb. 2016). He gave the example that if the woman's child falls ill following the oath, depending on her education level and belief-system, "she will believe it is because of her" (ibid.). Similarly, the CWSI representative indicated that if the woman is of traditional belief, she may believe that what happens in the period subsequent to the oath is "the result of the oath" (18 Feb. 2016).

3. Authority for Imposition

According to the Professor of history, a woman's husband must agree to the imposition of an infidelity oath (Professor of history 25 Feb. 2016). According to the Professor of comparative religions, the husband's family can ask for an infidelity ritual to be performed, but "the husband must agree to the imposition" (24 Feb. 2016).

The CWSI representative stated that, "frequently," family members of the husband, often his sisters, request an oath for infidelity to be administered, sometimes as an excuse to expel the wife from the family (CWSI 18 Feb. 2016). The same source also indicated that a husband would not allow to the administration of this oath if he is against it, "unless he is afraid of his family" (ibid.). Similarly, the doctoral candidate noted that, based on his view, although the decision for the imposition of an oath lies with the husband, he may be influenced by his family or friends, particularly if they are "fervent in the traditional religion" (doctoral candidate 25 Feb. 2016). The same source noted that in the Yoruba tradition, a woman not only marries her husband but his family as well, and it is therefore "possible" for an oath to be imposed by the family of the husband (ibid.). According to the Professor of history, an oath may be imposed by a woman's in-laws if the husband lives outside of Nigeria (Professor of history 25 Feb. 2016).

In correspondence with the Research Directorate, a senior lecturer of African traditional religion and cultural studies at Adekunle Ajasin University in Nigeria, in Ondo State in South-Western Nigeria, who has written on Yoruba religious practices, indicated that "in a situation where the husband could not handle the matters, it is the community leader/chief that will impose such [an] oath/ritual for infidelity" (Senior Lecturer 22 Feb. 2016). Corroborating information could not be found among the sources consulted by the Research Directorate within the time constraints of this Response.

According to sources, the societal status of both the woman who is facing the imposition of an oath of infidelity and of the person seeking to impose the oath, influence whether an infidelity ritual is performed (doctoral candidate 25 Feb. 2016; Professor of history 25 Feb. 2016; Professor of African religious traditions 1 Mar. 2016).

The CWSI representative stated that since "high-class paramount leaders" make the laws around these practices, an oath of infidelity is less likely to be imposed if the woman is the daughter of "a big man in society" (CWSI 18 Feb. 2016). The Professor of African religious traditions stated that "it is very unlikely" that an "upper class man" would impose an oath for infidelity, "even if he is aware of the wife's infidelity" (25 Feb. 2016).

However, according to the doctoral candidate, given that female infidelity is seen to bring shame to a family's name, if the husband's father is the Chief Priest or herbalist in a community, the woman may be more susceptible to the imposition of an oath (25 Feb. 2016). The Senior Lecturer similarly noted that if the husband is from "the royal family, a community leader, or a reputable politician," the chances of a woman being subjected to an infidelity oath are higher (22 Feb. 2016).

4. Prevalence

Sources indicate that the imposition of oaths and rituals for infidelity is "rare" (Professor of comparative religions 24 Feb. 2016), "not very common at all anymore" (Professor of African religious traditions 23 Feb. 2016), or "no longer very common" (Senior Lecturer 22 Feb. 2016). The Professor of African religious traditions indicated that the practice is less common in urban centers (Professor of African religious traditions 1 Mar. 2016), and happens in the rural and traditional areas (ibid. 23 Feb. 2016). According to the Professor of history, those who engage in infidelity rituals "live in the countryside, are lower class, poor, often with little or no education" (Professor of history 5 Feb. 2016). He further gave the view that a woman who is an engineer or a lawyer would not be forced to submit to an oath (ibid.). The Professor of comparative religions similarly noted that ritualistic practices are rare among educated and wealthy people in urban areas, but that they are "more common among less educated, poorer families in rural areas" (24 Feb. 2016).

4.1 Prevalence in Lagos

The Professor of comparative religions stated that it is rare for rituals associated with infidelity to happen in a large city such as Lagos (24 Feb. 2016). The doctoral candidate stated that in Lagos, as a result of modernization, the importance of rituals and oaths has "diminished significantly" (doctoral candidate 28 Feb. 2016). Sources indicated that although it is rare for oaths to be imposed in metropolitan areas such as Lagos, sometimes families from the city travel to the countryside to administer infidelity rituals (ibid.; Professor of comparative religions 24 Feb. 2016).

Information on specific cases of the imposition of infidelity oaths in Lagos or South Western Nigeria could not be found among the sources consulted by the Research Directorate within the time constraints of this Response.

5. Refusal

According to the Professor of history, "a woman does not have to submit to an oath if she does not want to" (Professor of history 25 Feb. 2016). The same source indicated that if the woman is Christian and the oath is imposed on her at the church, she may decide to leave that church (ibid.). However, he also stated that Nigerian women have been known to submit to the oath to avoid things such as social stigmatization and family conflict, lengthy and complicated divorce procedures, losing economic support and housing, or domestic abuse (ibid.). The Professor of history further stated that refusal is "not possible" for a woman in the countryside where there is "a lot more pressure," and it is more difficult to evade her in-laws than in the city (ibid.).

Without providing details, the CWSI representative stated that, "traditionally," a woman accused of infidelity will not refuse to take an oath, unless "she is a convinced Christian" and has the support of her church community, or if she is willing to "face the consequences" of refusing (CWSI 23 Feb. 2016).

Sources indicated that, should a woman refuse to submit to an oath of infidelity, she may incur the following consequences:

ostracism, as the woman is socially labelled as an "infidel" (doctoral candidate 25 Feb. 2016); or because the community sees refusal to take the oath as an admission of guilt (CWSI 23 Feb. 2016);

the end of her marriage (Professor of comparative religions 24 Feb. 2016);

economic dispossession and "abject" poverty (doctoral candidate 25 Feb. 2016);

loss of housing (ibid.);

threats, attacks or harassment, and sexual violence (ibid.); and

domestic abuse and physical violence by the husband (Professor of history 25 Feb. 2016).

6. Protection

6.1 State Protection

According to the doctoral candidate, cases related to oaths for infidelity are "rarely" reported to the police or relevant authorities for reasons such as fear of "victim-blaming," accepting of oaths and rituals as "normal," or police "apathy" (doctoral candidate 25 Feb. 2016). The same source stated that it is "difficult" for women to obtain protection against ritual practices because "ritual matters are expected to be handled privately" with issues such as lack of evidence, legal pluralism, and sex discrimination contributing to a lack of protection (ibid.). Corroborating information could not be found among the sources consulted by the Research Directorate within the time constraints of this Response.

The Professor of African religious traditions stated that a Nigerian woman "cannot trust the police in this matter. It is not a matter of the law or the police. The police would only complicate matters, and take the money [and] do nothing" (23 Feb. 2016). According to the CWSI representative, should a woman choose to report harassment resulting from the imposition of a ritual, the police "would tell [her] to go home, as this is considered a family matter" (18 Feb. 2016). Similarly, the JDPC representative indicated that the police treat most cases of infidelity as domestic matters, and would urge those involved to solve them "outside of the police station or court system" (29 Feb. 2016).

In contrast, the Senior Lecturer stated that "in the past, [reporting an oath to the police] was never done, but in recent times, as a result of the modern judicial system, such matters could be taken to the police or court of law" (22 Feb. 2016). Similarly, the CWSI representative noted that while the police are still unresponsive to ritual cases, educated women, especially lawyers, "cannot easily be tossed about by the police or society" as awareness on this issue is growing (18 Feb. 2016). According to the doctoral candidate, it is rare for cases in rural areas to be reported to the police, but some educated women from the elite may attempt to report it (25 Feb. 2016).

The Professor of history indicated that, even though a woman can report harassment associated with rituals to the police, the status of the husband influences whether or not the police would respond to her claim (Professor of history 25 Feb. 2016). According to the Professor of history, the woman will receive little support from law enforcement authorities if the husband is a police officer or if he or someone in his family is an influential person with the resources to "get the police on their side" (ibid.). The same source stated that if the woman herself is educated, more influential, and wealthier than her husband and his family, she can get an injunction or restraining order against her husband, or file for and obtain a divorce and child support (ibid.). Corroborating information could not be found among the sources consulted by the Research Directorate within the time constraints of this Response.

Information on specific cases of women reporting an imposition of an infidelity oath to the police between 2014 and 2016 could not be found among the sources consulted by the Research Directorate within the time constraints of this Response.

6.2 Alternative Sources of Protection

The Professor of comparative religions indicated that a woman who is subjected to an oath of infidelity against her will can go to the church for protection, provided she is Christian (24 Feb. 2016). Similarly, the CWSI representative indicated that, in some cases, a woman can obtain protection from community denominations such as the Anglican or Catholic churches (18 Feb. 2016). The Professor of African religious traditions indicated that a woman may sometimes turn to a pastor for protection and, in some cases, the pastor can offer to take a woman's confession as an alternative to an infidelity ritual (Professor of African religious traditions 23 Feb. 2016). The same source added that "if the husband is not a member of the church, then the pastor will not have any influence over the situation" (ibid.). Similarly, the Professor of comparative religions stated that intervention by the church "will not work" if one side of the family is Christian and the other side is not (24 Feb. 2016).

Sources report that women have more access to sources of protection in urban than in rural areas (doctoral candidate 28 Feb. 2016; Professor of history 25 Feb. 2016). Sources also indicated that women can also seek assistance from the king (Professor of comparative religions 24 Feb. 2016; Professor of African religious traditions 23 Feb. 2016) or the eldest in her own family (ibid.). The Professor of comparative religions explained that in traditional communities, a woman can appeal to the king if she has been falsely accused, or refuses to obey her in-laws, and request that he appeal to them (24 Feb. 2016). The Professor of African religious traditions expressed the opinion that the advice of the king or of the eldest of the woman's family "would most likely be... to 'just take the oath' because if she is innocent, she has nothing to fear" and gave the view that a woman in such a situation "would have nowhere to go" (23 Feb. 2016). For information on kings and chieftains in Yorubaland, refer to Response to Information Request NGA104602. The Professor of history indicated that, in the cities, a woman may seek assistance from social networks such as her husband's or her own friends, NGOs, women's organizations, her own family, if they are influential, or her community church (25 Feb. 2016). Corroborating information could not be found among the sources consulted by the Research Directorate within the time constraints of this Response.

This Response was prepared after researching publicly accessible information currently available to the Research Directorate within time constraints. This Response is not, and does not purport to be, conclusive as to the merit of any particular claim for refugee protection. Please find below the list of sources consulted in researching this Information Request.

References

Associate Professor of philosophy, Howard University, Washington. 2 March 2016. Correspondence with the Research Directorate.

Centre for Women Studies and Intervention (CWSI). 23 February 2016. Correspondence from a representative to the Research Directorate.

Centre for Women Studies and Intervention (CWSI). 18 February 2016. Telephone interview with a representative.

Doctoral candidate, Murdoch University, Perth, Australia. 28 February 2016. Correspondence with the Research Directorate.

Doctoral candidate, Murdoch University, Perth, Australia. 25 February 2016. Correspondence with the Research Directorate.

Global Fund for Women. N.d. "Centre for Women Studies and Intervention." [Accessed 1 Mar. 2016]

Justice, Development and Peace Commission (JDPC). 29 February 2016. Correspondence from a representative to the Research Directorate.

Justice, Development and Peace Commission (JDPC). N.d. "Vision, Mission and Concern." [Accessed 1 Mar. 2016]

Professor of African religious traditions, and African and African American studies, Harvard University. 1 March 2016. Correspondence with the Research Directorate.

Professor of African religious traditions, and African and African American studies, Harvard University. 23 February 2016. Telephone interview.

Professor of comparative religions, University of Ilorin, Nigeria. 24 February 2016. Telephone interview.

Professor of history, Brock University. 25 February 2016. Telephone interview.

Senior Lecturer of African traditional religion and cultural studies, Adekunle Ajasin University, Akungba-Akoko, Nigeria. 22 February 2016. Correspondence with the Research Directorate.

Additional Sources Consulted

Oral sources: Assistant Professor specializing in religions in Africa, University of Vermont; Committee for the Defence of Human Rights; Human Rights and Justice Group; Lecturer of sociology, University of Ibadan; Nigeria - Nigeria Police Force; Professor of African studies, anthropology and history, University of North Carolina; Professor of anthropology, Afroamerican and African studies, University of Michigan; Professor of anthropology and international development, University of Sussex; Professor of political science, Brooklyn College; Professor of the history of art and black studies, Amherst College; Professor of sociology, Stonybrook University; Reader in African studies, University of Birmingham; Research Fellow, University of Birmingham.

Internet sites, including: Africa Confidential; Afrik.com; AllAfrica.com; Amnesty International; BBC; The Daily Times; Daily Trust; ecoi.net; Factiva; The Guardian; Human Rights Watch; The Independent; Minority Rights Group International; The Nation; National Daily; National Mirror; Nigeria - Federal Ministry of Women Affairs and Social Development, Lagos State Government; Nigerian Tribune; Norway - Landinfo; Punch; Radio France internationale; The Sun; This Day; UN - Refworld, UN Development Programme, UN High Commissioner for Refugees, UN Women; US - Department of State; University of Leiden - African Studies Centre; Vanguard.