Effectiveness of Legislation
Enacted to Address VAW in
Nigeria
By
Oby Nwankwo
Executive Director
Civil Resource Development and Documentation
Centre (CIRDDOC) Nigeria
Wednesday, June 29, 2016
Introduction
Violence against women





a profound social & health problem for women.
a significant cause of female morbidity & mortality.
a social problem in terms of the cultural prerogatives
assigned to men by sexism.
a patriarchal culture both fosters belief in men’s
entitlement to service, obedience, loyalty &
subservience of women partners & authorizes men’s
violence towards women in service of those
entitlements.
In a patriarchy, the power assigned to men in
intimate relationships & the violence permitted to
sustain that power foster social control of women by
men in the culture.
VAW & Cultural Myths (1)


Violence should be seen as the final expression of
patriarchal values of sexual domination in society.
The values are accentuated by cultural myths which
suggest for instance, that






domestic violence is a private family affair,
women who are raped asked for it
Cultural myths victimize women & shape their attitudes
towards violence.
Presumption that marriage entails automatic consent to
sexual relations, terms of which are dictated by the
husband.
Men’s ownership of women’s sexuality justifies FGM &
child marriage to preserve a woman’s virginity for her
husband.
Laws (s. 55 P.C) tend to encourage VAW - allows a
husband to beat his wife, justifying the ownership myth.
VAW & Cultural Myths (2)




Longstanding social & cultural norms reinforce its
acceptability in society.
Marital rape is not a crime – a wife is the property of the
man who paid bride price.
Divorce & property laws & customary practices
disadvantage women who try to escape abusive
marriages.
Nigerian women are




excluded from inheriting (cannot access credit for lack of
collateral),
evicted from their lands & homes by in-laws,
stripped of their possessions, &
forced to engage in risky sexual practices in order to keep their
property.
Forms of Manifestation of VAW
in Nigeria (1)





Pushing, kicking, hitting, punching, burning, stabbing,
throwing of hot water or sulfuric acid, wounding,
killing.
HTPs - FGM, child marriage, oppressive widowhood
practices, levirate marriages & denial of inheritance.
Sexual offences - rape, marital rape, incest, indecent
assault, sexual harassment, forced pregnancy,
trafficking in women, deliberately infecting women
with HIV/AIDS.
Violence by state actors - rape & indecent assault by
police &d security forces, torture of women in custody.
Emotional or psychological abuse - a form of violence
that many battered women consider worse than
physical abuse.
Forms of Manifestation of VAW
in Nigeria (2)

Emotional or psychological abuse involve:
 repeated verbal abuse, Harassment,
 Confinement & husbands restricting their wives’
movements.
 deprivation of financial & personal resources,
 repeated threats to send victim away from her
matrimonial home,
 men going away from home & leaving the children &
mother without any support,
 in-laws tormenting the wife
 sex selective abortion/male child preference ideology,
 daughters & women being thought of as “good for
nothing” & not worth educating,
 perpetual fear of being beaten, attacked or harassed.
Existing Legal Framework on VAW –
Criminal Law (1)



Before 2003, no national laws expressly or specifically
protecting women against violence.
Existing laws are inadequate, discriminatory or limited
by virtue of the undue burden placed on the victim –
Criminal Law.
Section 383 of the Criminal Code of Nigeria - 3 years
imprisonment for assault occasioning harm




- does not protect women from violence in relationships e.g.
marriage
- deals with assault generally
- It does not provide reliefs - maintenance, shelter, custody
etc.
Remedies under criminal law are confined to the
prosecution & possible conviction of the offender –
nothing for the victim.
Existing Legal Framework
on VAW – Criminal Law (2)







Criminal Law provides punishment for violent acts but
the system refuses to deal with violence in the home as
crime.
State driven - little space to consider the victim’s needs.
Non-compoundable offence - does not allow a woman
any scope for entering into settlements once the case
reaches the court.
Higher standard of proof - beyond reasonable doubt.
High burden is difficult to discharge.
Police refusal to file complaints by victims under the CC.
General perception that such cases are private & should
never be put in the public realm.
Existing Legal Framework
on VAW Criminal Law (3)





Punishment for rape in the CC is life imprisonment.
However, the law requires corroboration, which makes proof of the
offence an arduous task & provides for the court to remind itself of
the danger of convicting on the uncorroborated evidence of victim.
Section 221 CC –
 penalty of 2 years imprisonment for unlawful carnal knowledge
of a girl being above 13 years and under 16 years of age
 it is a defense under the section that the accused person
believed that the girl was above 16 years.
 prosecution must have begun within 2 months after the offence
was committed or it lapses
 there must be corroboration to secure a conviction – usually no
witness in such offences.
While indecent assault on a girl is a misdemeanour, indecent assault
of a boy is a felony that carries a stiffer penalty.
Sentences are inadequate
Existing Legal Framework
on VAW – Sharia Legal Code







Rape is criminalized in the Sharia Penal Laws introduced
from 1999 - 12 northern states.
Insufficient protection or redress for women who have
been raped & discriminates against married women.
Definition of rape falls short of the principles underlying
the Rome statute definition.
Sexual intercourse by a man with his wife is not rape.
Under the Kano Sharia Penal Code rape carries different
penalties according to marital status of the perpetrator.
Punishable with death by stoning if the perpetrator is
married, caning & up to life imprisonment if the
perpetrator is unmarried.
A woman alleging rape must produce 4 witnesses or go
to imprisonment for one year or up to 100 lashes.
Existing Legal Framework
on VAW – Marriage & Divorce Laws (1)






Some provisions of Nigerian laws reduce ability of
women to escape violent relationships.
Ground for the dissolution of marriage under the
Matrimonial Causes Act is irretrievable breakdown of the
marriage.
Lists a series of conduct for which the petitioner cannot
reasonably be expected to live with the respondent - one
of which is cruelty.
Petitioner has to satisfy the court that the respondent
has been convicted of attempted murder or attempt to
unlawfully kill her; etc.
This conviction is necessary for the woman to get out of
the relationship lawfully.
Courts do not consider a single act of cruelty sufficient to
evoke the application of that section of the law.
Existing Legal Framework
on VAW – Marriage & Divorce Laws (2)







Right to reside in the matrimonial home is missing in
all our laws.
The matrimonial home belongs to the husband under the
culture.
Without the recognition of a right to reside, divorce laws
provide little support to women in violent situations.
Root cause of the vulnerability of a woman in her
matrimonial home.
A major factor making it possible to drive out a woman
& blackmail her into agreeing to an unfair settlement.
Breakdown of marriage in our society with its attendant
discrimination means virtual civil death for women.
Divorce law has no answer for women who do not
want a divorce but want to end the violence.
Existing Legal Framework
on VAW – Trafficking Laws.





In 2003, the Trafficking in Persons (Prohibition) Law
Enforcement & Administration Act was passed.
Government followed up with an implementation
agency - National Agency for Prohibition of Traffic in
Persons (NAPTIP).
Since 2003, the war against human trafficking has
been diligent under NAPTIP.
Act was amended in 2005 to increase penalties.
 procurement of persons for illicit sexual intercourse
with another (10 years imprisonment),
 procurement for prostitution (14 years), etc.
NAPTIP – to enforce the law, coordinate other laws
against trafficking & adopt measures to eradicate
trafficking.
Existing Legal Framework on
VAW – State Laws (1)


No national law against HTPs before 1999.
Subsequent state laws prohibiting HTPs include






Edo State Female Circumcision & Genital Mutilation
(Prohibition) Law (1999),
Cross River State Girl-Child Marriages & Female
Circumcision (Prohibition) Law (2000),
Rivers State Abolition of Female Circumcision Law (2001),
Ogun State Female Circumcision & Genital Mutilation
(Prohibition) Law (2000),
Ebonyi State Abolition of HTPs Against Women & Children
Law (2001).
These laws have criminalized FGM & prescribed penalties
for offenders, though extremely inadequate.
Existing Legal Framework on
VAW – State Laws (2)

State laws on the fundamental rights of widows
widowers:
 Enugu State Prohibition of Infringement of
Widow’s and Widower’s Fundamental Rights Law
(2001);
 Oyo State Widows’ Empowerment Law, 2002;
 Anambra State Malpractices against Widows &
Widowers (Prohibition) Law in 2004;
 Edo State Inhuman Treatment of Widows
(Prohibition) Law 2004;
 Ekiti State Widowhood Law.
Administration of Justice Sector
Reforms (1)






Government set up a committee on reform of justice
sector.
Worked with the LRC to review laws – Has
submitted report but yet to be passed.
Women submitted memoranda, recommending
victim & witness protection provisions in DV cases.
A Government draft bill on DV was harmonized with
VAW bill.
Committee on Review of Discriminatory Laws
against Women, 2005 – NHR Commission.
“Abolition of all Forms of Discrimination against
Women in Nigeria & Other Related Matters Act
2006” - pending before NASS.
Administration of Justice Sector Reforms
– Domestication of International
Conventions (2)
 Child’s Rights Act, 2003 - first national law
to put the age of marriage at 18 years.
 Act incorporates basic principles of UN
Convention on Rights of the Child.
 Act criminalizes HTPs against the girl child.
 Act establishes a child justice system
different from the regular court procedure.
 Nigeria has incorporated the African
Charter on Human & Peoples Rights.
 Provides for right to dignity & prohibits all
forms of exploitation & degradation.
Background of VAW Bill (1)
The Women’s Tribunal








VAW had long been trivialised in Nigeria, people
refused to recognise the extent of domestic violence &
abuse.
No gender disaggregated verifiable data on VAW
No government effort to address it.
In 2001, CIRDDOC & BAOBAB organised a mock
tribunal on VAW - to break the silence around VAW.
33 women & girls told a panel of respected judges
their stories of abuse including rape, incest, wife
battery, murder, attempted murder, trafficking etc.
National media coverage & Large audience.
Testimony of the women brought many to tears.
Judges returned a verdict - powerful recommendations
including legislation.
Background of VAW Bill (2)
The Women’s Tribunal





Tribunal was timed to correspond with democratic
elections so newly elected legislators would gain
greater perspective on the issue & be confronted with
the need to include it in their schedule of legislation.
Promoted greater public appreciation of VAW.
It had a striking impact, & the women’s testimony
moved witnesses to look at the issue of VAW &
demand action.
It added faces, stories & experiences to the statistics
of VAW to give greater weight to the issue.
Participants: Government & law enforcement agencies,
ministries, LG officials, UN agencies, cultural &
religious leaders, schools, donors, NGOs & individuals.
Background of VAW Bill (3)
The Women’s Tribunal





Legislators pledged their support for a VAW Bill.
It raised awareness about VAW, & actively
engaged journalists who continued to highlight the
issue more regularly in their reporting.
It created a reference point for the discussion of
women’s human rights & VAW.
National & state level legislation to protect women
were developed as a result of the tribunals &
other interventions.
Cross River state tribunal took place earlier in
1999 & 2 years later the Northern CRS Women
Assoc. successfully lobbied for a law against FGM.
Background of the
Violence Prohibition Bill








As a result of these interventions & disillusionment
arising from inadequacies of existing laws & their failure
to protect women
Women’s rights activists came together to form an
umbrella organization – National Coalition on VAW
To join forces to move the socio-cultural phenomenon
from a private space into the public sphere.
Serious work on combating the menace.
Consensus was that legislation was necessary.
Legislative Advocacy Coalition on VAW was therefore
established.
Members presented the VAW bill before the NASS.
Legislative advocacy commenced but the former NASS
failed to pass the bill before its life came to an end.
Rationale & Key Features of the Violence
Prohibition Bill (1)


Title: Violence Prohibition Bill.
Prohibits all forms of Violence










Physical,
Sexual,
Psychological,
Domestic Violence,
HTPs;
Discrimination against Women;
Provides remedies for Victims;
Establishes a Commission & a Trust Fund for victims.
Purpose: to prevent violence, punish offenders &
restore a woman to a position of equality within the
marriage.
Precondition - to stop the violence promptly.
Rationale & Key Features of the Violence
Prohibition Bill (2)
A successful law on DV will include some basic provisions  a clear declaration of the basic intent of the law, namely,
 the object of preventing domestic violence;
 a clear & unambiguous statement of the right to be free from DV
 recognition of DV as a violation of the human rights of women;
 Definition of DV which captures women’s experience of abuse
with some degree of precision;
 Definition of the ‘shared household’ so that rights can be
protected within that household;
 Relief that can be given to protect women from violence;
 Infrastructure available to victims of violence that can make the
remedy accessible e.g. clarity & simplicity of court procedures;
 Monitoring the functioning of the law;
 Coordinated response to DV by recognizing the role of NGOs,
medical profession, shelters & police in assisting prevention of
DV.
Rationale & Key Features of the Violence
Prohibition Bill (3)







Original name: “VAW Bill”, later changed to
“Violence (Prohibition) Bill, 2003.
Men also suffer DV & should be protected also.
25 volunteer sponsors - 10 female & 15 male.
Massive production & wide distribution.
Criminal & Civil components to fill in the
inadequacies in the existing legal regime.
Recognition of a woman’s right to a life free
from violence.
An effort to codify common law - recognises a
woman’s right to reside in her matrimonial
home.
Key Features of the Bill





It repeals inadequate laws
It incorporates Gang Rape
It establishes a Trust Fund for victims of VAW
It defines domestic violence, domestic relationship,
violence, a child.
It provides the following remedies
 a. Criminal sanctions
 b. Compensation
 c. Emergency Monetary relief
 d. Protection Order/Interim Protection Order
 d. Custody order
 e. Interim orders
Infrastructure under the law







Special desks in police stations
Special training for officers who handle sexual
offences.
Rape Crisis Centres
Victims’ Trust Fund
VAW Commission to
 monitor implementation of the Act when
passed,
 administering the operation of the Trust Fund
 manage the Rape Crisis Centre etc.
Courts empowered to deal with applications
Medical facilities & shelter homes to provide
services to aggrieved women.
Commonalities & differences in legal
approaches in Nigeria (1)








Legal Defense & Assistance Project (LEDAP) DV bill project at state
level - At least 2 states passed the law.
LEDAP DV bill is quasi criminal & quasi civil in nature.
Perpetrators who disobey court order or prohibition in the law is to
be arrested & punished.
Criminal proceedings require long procedures & depend on efforts of
the investigating & prosecuting police officer
Women encounter obstacles in the course of the process.
Policemen refuse to file their complaints
Relevant technical documents - medical report etc. are difficult to
get.
Women are afraid to file criminal complaints because





they fear that the incarceration of their husbands would result in a loss of face or
social status for the family
their husbands would become more violent after incarceration or
they would be left without a source of income if the husband is sent to jail.
they do not wish to place their children in a situation where they will have to see
their father in jail.
Commonalities & differences in legal
approaches in Nigeria (2)







LEDAP DV bill aims only at protecting the survivor from
violence within the home.
Protection order will provide women with other means of
ending the violence to which they are subjected.
The civil justice process will involve less complicated &
quicker legal proceedings.
The order compels the spouse to continue to provide for
his family during the time he is under legal sanction &
counseling.
Different state HTP laws adopted different approaches.
Most of them are quasi-criminal in nature.
Each state law dealt with an aspect of violence or two.
Effectiveness of Laws on VAW
(1)








Violence Prohibition Bill is yet to be passed.
Criminal laws involve protracted legal proceedings; &
do not allow for negotiations.
Difficulty in accessing existing laws led to conception
of a VAW law.
State VAW laws are not implemented.
Lack of political will.
No record of the budgetary provision.
Anti-trafficking programs are underfinanced &
inadequately supported.
FGN’s commitment to the war against trafficking in
human persons through NAPTIP is yielding results.
Effectiveness of Laws on VAW (2)
Activities of NAPTIP








“Bursting” of trafficking syndicates.
Repatriation & rehabilitation of victims of trafficking.
Punishment of culprits.
In 2006, government reported 81 trafficking
investigations, 23 prosecutions & 3 convictions.
Sentences imposed on traffickers were inadequate.
NAPTIP shelters in 6 cities provide victims with short
term care.
In 2006, the government developed a national action
plan against trafficking.
By 2007, Nigeria moved from tier 2 watch list to tier 2,
which, according to the ES of NAPTIP, is a great
achievement for the country.
Challenges








Patriarchal mindset of the general public, legislators,
government structures & civil society.
Political environment took legislative attention away
from duties.
Impeachment fever that gripped the Assemblies & 3rd
term bid of Mr. president distracted them.
Lack of evidence based data on VAW contributed in
the non-passage of the law.
Lack of awareness of existence of the laws.
Lack of political will to allocate adequate resources to
support implementation of laws.
Institutions & Homes necessary for the
implementation of the laws are not covered in the
budgets.
Lack of resources on the part of victims.
Lessons learnt









Coalition building & capacity building for NGOs are necessary for
successful legislative advocacy.
Failure to sensitise the community, women & the “gate keepers”
about the bill led to a backlash.
Massive dissemination of the contents of the law imperative for
successful implementation.
Legislation gives legitimacy to the campaign to end VAW & provides
incentive for the involvement of government & local authorities.
Legislation is an obligation to initiate or support the efforts to
combat violence.
VAW must be recognised as a social problem at the local level, to
make it easier to secure support for the proposed legislation.
Political environment can have a strong influence on the way society
perceives the project.
Distraction of legislators by political environment contributed to the
failure to pass the bill.
The executive needs to be targeted in the advocacy plan as
implementation of a law is its responsibility.
Good practices (1)





Building coalition building and partnership among the
stakeholders.
Involving different institutions in the drafting of the bill brought
in different perspectives to the bill.
Management transparency coordination of the project by a
Steering Committee of stakeholders ensured a level of trust to
the project by different persons.
Establishment of partnerships between CSOs & government
contributed to the little success achieved in the project
Using media as an ally – partly because of the sensational
nature of the topic, mass media campaign helped to raise
awareness of the problem & sensitized the government &
legislators.
Good Practices (2)





Ensuring that the contents of the bill respected the
culture of the place – right of residence.
Enlisting support of high profile legislators and
government officials was a good practice.
Framing sensitive issues in a culturally appropriate
context is important.
Simplifying and translating existing laws into local
languages as well as including a simple guide on how
to use the laws (particularly at the state and local
levels) will improve the level of implementation and
effectiveness of the laws.
Building & strengthening the capacity of the Legal Aid
Council to make the implementation of the laws on
VAW a core focus of their services.
Conclusion



The different approaches have yielded credible
results from which a number of lessons can be
drawn.
Although the Violence Prohibition bill was not
passed into law before the end of the life of the
former legislature, a lot of lessons were learnt and
these would guide the next phase of advocacy on
the bill when it resumes.
Capacity building is needed for CSOs to ensure that
they become an important social force capable of
influencing the male dominated and patriarchal
legislature to pass the bill into law.