In this piece, EZREL TABIOWO makes a case for the passage of the Violence Against Persons Prohibition bill before the National Assembly, against the backdrop of the recent abduction of over 200 girls in Chibok, Borno state
Following the recent abduction of over 200 school girls in Chibok, Borno state by members of the Boko Haram sect, the incident which sparked intense global protests may soon also draw the attention of the international community to the failure of the National Assembly to provide legislation aimed at prohibiting all forms of violence against persons.
The poor legal framework Nigeria has towards addressing issues of violence against persons, has made it imperative for the introduction of the Violence Against Persons Prohibition(VAPP) bill before the National Assembly by concerned Non Governmental Organisations(NGO) which seeks to protect the rights of individuals likely to be victims in their social space of existence.
The VAPP Bill aims at eradicating violence in the public and private spaces, and among others, and has been pending before the National Assembly since May 28, 2002, when it was first formally presented by Hon. Florence Aya.
The basis for the introduction of the VAPP bill was just so as to fill the existing lacuna in Nigeria’s laws with regards to prohibiting violence against persons, as existing laws were found to be restrictive, obsolete and fail to sufficiently address the prevailing problem.
The bill is an amalgam of nine related Bills before the National Assembly during the 5th and 6th Assembly and seeks to eradicate violence against all persons in both the public and private spaces.
The bill in its broad form addresses issues concerning female genital mutilation, harmful widowhood practices and spousal rape, while prohibiting the abandonment of spouse, children and dependants without sustenance. It also makes provision for a regulatory body that will see to the implementation of the law, a vital provision which was not captured in the Child Rights Act. There are in addition, provisions for the establishment of a Special Trust Fund for Victims of Violence against Persons.
According to a 2013 global review of available data, 35 per cent of women worldwide have experienced either physical and/or sexual intimate partner violence or non-partner sexual violence while 1 in 3 women are expected to be raped once in their lifetime.
A minimum of 3,800 rape cases were reported in the print media alone in Nigeria in the last 3 years according to Ipas Nigeria, an organisation that works to strengthen women’s sexual and reproductive health and rights across the globe. The facts gathered from these reported cases and other research studies by both Ipas and other similar organisations indicate that the prevalence of rape cuts across ethnicity and geo-political zones being as much a problem in the North of the country as it is in the south. The perpetrators also cut across all social classes and religious orientation. Cases have been reported involving traditional rulers, police officers and clergy men, persons who are otherwise supposed to be custodians of values, morality and the law.
In a study carried out by Ipas Nigeria in Kano state, it was found that one of every three gynaecological presentations at the hospital was a rape case with 41% of victims aged 1-9 and those aged 10-14 years making up 31%. Furthermore, more than one-third (37%) of the survivors were with Sexually Transmitted Infections (STI) while 21% presented with varying degrees of injuries to their genitals. In a similar study conducted in Benin City, 48% of rape survivors were less than 13 years of age(Olusanya et al). Besides the injury to the genitalia and the possibility of contracting STIs, rape presents grave physical, psychological and reproductive health consequences for victims, families and the community.
Closely related to rape is the issue of domestic violence and spousal battery which also afflict women in all social strata and geographical locations in Nigeria.
Only last week, thirty-two young Nigerians under the aegis of Choice4LifeAdvocates urged the National Assembly to urgently pass the VAPP Bill. The group stated that while it is important for Nigerians to put pressure on the government to ensure the rescue of the abducted school girls kidnapped by Boko Haram, a conscious effort must also be made to reintegrate the girls into the society, one that the VAPP Bill, will help to accomplish.
“Since Monday, April 14, 2014, more than 200 girls, mostly teenagers, have been abducted by heavily armed men from their school in Chibok, Borno State, north-eastern Nigeria,” the group, comprising young men and women from diverse ethno-religious and social backgrounds across the country, wrote in a jointly-signed statement.
“The news of this event sent ripples across the nation, and many are yet to recover from the shock of such a catastrophe. While some of the abducted girls have escaped and returned home, the exact whereabouts of the others remain unknown,” it added.
Lamenting the increasing rate of kidnappings in Nigeria, the group noted that victims are bound to suffer untold traumatic physical, psychological and emotional consequences. They also warned that the abducted girls were at high risk of sexual violence.
“While we earnestly anticipate their quick return in order to stop the continuous abuse they may be going through, it is imperative that we consider our readiness, especially our legal and health systems, to ensure that the victims immediately commence the process of full recovery upon their return,” the advocates said.
“We recognise the challenges of handling insurgencies such as this, as we unreservedly acknowledge and appreciate the efforts of our military, para-military and other security personnel towards ensuring that peace, order, and security of lives and property is restored in Nigeria.
“We commend all the efforts of well-meaning Nigerians who have toiled over the last couple of weeks, to raise awareness about the kidnapped girls; and who have worked to pressure the government to go the extra mile towards bringing our girls home. We appreciate the support from non-Nigerians, global leaders, and the international media to the campaign for government to rescue our girls and bring them back alive,” they said.
The group while calling on the National Assembly to expedite action on the VAPP bill, noted that its passage would provide the needed framework that guarantees the dispensation of justice.
“The swift passage of the VAPP Bill will also, among others, boost the confidence of the citizens in the polity, as well as serve as a legal protection of citizens against all forms of violence regardless of sex, age, culture, tribe or religion,” they said.
They further demanded the formulation of a policy on the right of every Nigerian to education, as well as its inclusion in the Constitution and/or relevant documents, so as to protect and guarantee the right of citizens to education regardless of cultural and religious beliefs.
They added: “This is expected to take pre-eminence over any local, cultural, and/or religious policies, which are against right of citizens to education. The education and empowerment of women should be given the adequate priority and urgent attention it requires.
“All necessary structures and actions should be put in place immediately to forestall a repeat of this and similar incidents in any part of Nigeria. We do look forward to the earnest return of all the girls unharmed.”