The Reliance on Anti-Discrimination Laws to Curb Caste-Based Discrimination Against the Osus in South-Eastern Nigeria

Abstract

The chaste system among the Igbo of South Eastern Nigeria segregates the indigenes into freeborn (Diala) and untouchables (Osu).  The Igbo customary law discriminates against the Osu in certain aspects of life such as freedom of movement and choice of residence, the right of peaceful association, the right to choose a spouse, the right to take a chieftaincy title and access to public office. The Osu people are also socially discriminated against in the Nigerian society. A freeborn who marries an Osu partner automatically assumes the status of the untouchable. Despite the origination and incorporation of the Osu caste system in the old animistic tribal religions which the majority of the Igbo have abandoned for Christianity the practice persists, the Osu people are still facing discrimination challenges. The promulgation of state and federal laws such as section 42 of the Constitution of the Federal Republic of Nigeria, 1999 Chapter C 23 of 2004 (Nigerian Constitution, 1999) and the Abolition of Osu System Law, LEN 13 of 1956 which prohibits any discrimination based on the circumstances of birth have failed to curb the discrimination against the Osu people in Igboland. This article discusses the flaws embedded in the relevant legislation, Christianity and civilisation in dealing with the problems of social prejudice and discrimination against the Osu in Igboland. It also discusses the campaigns by charitable organisations and individuals in a bid to secure equal legal and social rights with freeborn for the Osu people. We further submit that the discrimination and stigma against the Osu people is still occurring despite the enactment of the aforesaid legislation.