Women’s Day: Sexual and gender based violence revisited

The International Women’s Day is here again. It is a time to reflect on the progress made on issues affecting women and a call for change in the gaps therein. 2015 may be regarded as a watershed in this respect. The theme for this year’s Women’s Day is ‘Planet 50-50 by 2030: Step It Up for Gender Equality’.

The underlying objective of this year’s theme is the need to accelerate the 2030 Agenda through effective implementation of the Sustainable Development Goals, especially goal number five – to achieve gender equality and empower all women and girls.

As a law lecturer and researcher in gender and the law, it is submitted that this year’s theme presents another unique opportunity to revisit the critical issues in sexual and gender-based violence in Nigeria. As I have noted in some of my published works, this type of violence is used to target individuals or groups based on their gender. Worse still, in times of conflict, threats and acts of sexual and gender-based violence (or SGBV) are used to instill fear and employed by perpetrators to exert dominance and control over their victims. Rape, sexual slavery, forced marriages, forced pregnancy, kidnapping, genital mutilation and sexual harassment are common examples of SGBV in society. The culture of silence continues to ferment these social vices. However, various researches have shown the endemic practice of SGBV in the country.

The effect of SGBV include emotional trauma, such as shame, guilt, fear; medical consequences such as sexually transmitted diseases; vesico-vagina vistulae, pre and post-natal complications; excessive bleeding; urinary retention and infections, and even death. This writer shares the view of the United Nations Commission on Status of Women that the eradication of SGBV is necessary to achieve gender equality and women’s empowerment.

Obviously, a girl or woman that is faced with the any of the effects described above will hardly be positive about accessing education, economically contributing to societal development or participating in governance. She will be locked up in her own world, trying to survive her ordeal. The ‘culture of silence’ suppresses women’s skills, talents and experiences that are necessary for sustainable development.

In general, the Universal Declaration of Human Rights (1948) upholds the inherent rights of every human being. Specifically, the Convention on the Elimination of All Forms of Discrimination Against Women 1979 (ratified by Nigeria and yet to be domesticated) prohibits all forms of discrimination against women. The Convention on the Rights of the Child 1989 (domesticated as Child Rights Act and adopted as Child Rights Laws of States) contains a plethora of rights to protect children – including girls, of course. One of the critical concerns of the 1995 well attended (Nigeria inclusive) Beijing Platform of Action is ending violence against women. The Protocol on the Rights of Women in Africa (2003), Solemn Declaration on Gender Equality in Africa are some of the African initiatives to empower women, promote gender equality and eliminate violence as well as harmful practices.

In Nigeria, available statistics show an alarming trend. Worse still, there is an emergent situation of rape in conflict situations in Nigeria. International Non Governmental Organisations, such as Amnesty International and Human Rights Watch and some national NGOs have documented the dreadful experiences of women and children in Ogoniland and Choba in Rivers State), as well as Odi and Odioma in Bayelsa State. These hapless victims were subjected to rape, torture, sexual slavery and forced pregnancy in the hands of the security forces.

It is noteworthy that in spite of the prevalence of rape in Nigeria, the law has not provided much respite for the victims. Admittedly, both the Criminal and Penal Codes prescribe life imprisonment as the maximum punishment for the offence of rape. However, the prosecutor must establish penetration and lack of consent of the complainant. The use of physical injuries on the body of the complainant to prove lack of consent, as well as insistence on corroborative evidence by the courts has made rape a man’s offence but a female trial. Consequently, the attrition in rape cases is very high, victims prefer to keep silent and nurture their harrowing experiences unnoticed.

The other common form of violence against women embedded in our culture is Female Genital Mutilation. FGM is defined by the World Health Organization as the partial or total removal of the female external genital or other injury to the female organs for cultural or other non-therapeutic reasons. In view of our large population, Nigeria has the highest absolute number of FGM in the world, accounting for one quarter of the estimated 115-130 million circumcised women in the world.

Significantly, states such as Ebonyi, Edo, Cross River, Osun, Ogun and Ekitihave enacted laws against female genital mutilation. In a similar vein, the recently enacted Violence Against Persons (Prohibition Act) 2015 is a welcome development. This Act prohibits all forms of violence against persons in private and public life. It expanded the definition of rape. The provision on awarding compensation to rape victims is a novel and necessary part of the adjustment processes for victims. In addition, a register is to be opened for convicted sexual offenders which are to be accessible to the public. It equally prohibits female genital mutilation. The Act further covers spousal battery, harmful traditional practices, attack with harmful substance and violence by state actors. The Act is a federal legislation, but it contains encompassing provisions on sexual and gender based violence. It is the submission of this writer that every state in Nigeria must adopt it as a starting point to stem SGBV.

In stepping up and meeting the goal five of the SDGs, there is need to combat gender stereotypes. The rape myth should disappear; not all raped girls and women would be asking for sex. More than anything else, the perception that women are sex objects must change. We need to raise public knowledge and awareness of gender-based violence with its attendant socio-economic and medical consequences as indicated above.

To further tackle the situation, Nigeria must develop a National Plan of Action on Gender-Based Violence. This will detail short and long term preventive strategies; measures to tackle violence and assessment plans; methods of dealing with multiple and newly emerging forms of violence and the context in which it occurs.

Many rape survivors suffer in silence because of lack of concrete evidence to prove their cases. A survey conducted revealed that many women would, in fact, have washed away traces of what had happened from their bodies before reporting in a bid to remove from themselves the unclean memories. This writer recommends that other states should follow the Lagos State example. The Domestic/Sexual Violence Response Team has inaugurated the Sexual Assault Standing Order and the Sexual Assault Evidence Examination Kit. The objectives are to facilitate the examination and management of patients after sexual assault, as well as providing the tools for gathering of evidence.

Specifically, the deep rooted cultural practice of FGM can be tackled through sensitization campaigns. In the states where the practice is endemic, traditional and community leaders must be engaged. The practitioners must be educated on the health hazards, the extant laws and the consequence of punishment. The citizens can be enlightened through the radio jingles, television promotions and counseling services by health officials.

The governors of states with a high prevalence of FGM must allocate sufficient resources and training to those working with survivors. Also, they need to provide support services to alleviate the physical and psychological harm of the mutilation.

As we celebrate the Women’s Day, you will all agree with me that we all yearn for sustainable development in Nigeria. According to Ban Ki-Moon, it is the pathway to the future we want. It offers the framework to generate economic growth, achieve social justice, exercise environmental stewardship and strengthen governance. In line with this view, this writer supports the assertion of Michelle Bachelet (President of Chile) thus, “as long as women face violence and discrimination, our efforts to eradicate poverty, achieve equality, advance human rights and democracy will not succeed”. Nigerians, it is time for change.

Dr. Ogunniran is a Senior lecturer at the University of Lagos