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Category Archives: SRHR

SEX FOR GRADES: AN IGNORED FESTERING SORE

By: D.U Innocent Esq.

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Before I got into the university, I had seen movies where lecturers used undue influence to either extort money from students or sleep with female students. For those who dared to refuse, the lecturer basically destroyed their future by either failing them continuously or giving them lower grades than they deserved. So, I already had a fear for lecturers even before I got admitted into the university and all through my university days I did my best to avoid them.

There is a salient fear for lecturers especially male lecturers among students in tertiary institutions in Nigeria than even the fear of studies. For many years, Nigerians and indeed so many societies in West Africa have settled into this trend and some students have been forced to go even spiritual or diabolical on some lecturer s because of this seeming hole they put them in. These lecturers are seen as untouchable demi-gods.                                       As a student, I often heard a lecturer remark on how students prayed for him to die. He almost got it though, but he survived.

My name is Emma, in 2011 I got admitted to study Political Science in a prestigious university in Nigeria and like every other innocent 100 level student, I just wanted to get quality education.  I was made the class representative and by virtue of my office at the time, I had to interface with lecturers and students alike in carrying out my responsibilities. In the first semester of my first year, I encountered a lecturer, Mr. Ken. Mr. Ken is a core lecturer in the department and he lectured 2 important courses that had 3 point grade for each course in my time. His courses were very important for the success of my academic success, especially since they were core courses.  He was reputed for two things in the university community. First, his connection to a high management official and secondly his attraction and lust for fair slim girls.

On a fine day after lectures, he invited me to his office where he told me that he liked me and made advances at me, I left for my hostel bewildered. At this junction, I had two worries I am a fair complexioned, slim beautiful girl who just wanted to get an education. Secondly, this man in question was a force to reckon with because of his connection to the higher ups. It would be my word against his, who am I again? Yea that’s right; I’m a 100 level student.

This situation stressed my friends and I for months, it also got me depressed because Mr. Ken became even more hostile towards me as the exam period drew near. He kept threatening to keep me in school long after my mates, if I did not concede to his demands, I practically became depressed and on the verge of giving up. My school fees was about half a million excluding pocket money and my family only sent me here because of the quality of education we were promised I will get. During this period I was slowly becoming embittered and getting distracted from my studies. I was on the borderline of losing it because of my seeming helplessness. I was discouraged many times to attend classes but I knew I couldn’t give him anything to hang me on, so I kept pushing, showing up for classes and ensuring that I stayed on my lane as much as possible. We had more meetings were my pleas fell on deaf ears and his threats were blaring in my ears. I had already vowed to myself that I would not sleep with this man; I would not become a part of his statistics, trophy or prize.

Despite Mr. Ken’s threats, I forged ahead to write the exams without sleeping with him and Mehn! That man was true to his word. By the time results were out for the first semester the F and D on the board were staring at me, I had failed his two courses and those were the only courses I had issues with. My head kept whirring for the entire 1st semester break.  At this point, I knew that I couldn’t continue like this, I had three more years and because of his position in the department, he would be my lecturer for even more courses for the next three years, and I wasn’t ready for to continue going through the emotional and psychological torture I had endured throughout the 1st semester in my first year. I just needed my peace to enable me concentrate in school and I needed to act fast.

Thankfully, changing departments in my school at the time wasn’t a hassle and with advice from my friends and confirmation from my family, I switched to International Relations Department. Changing my department was at a cost. The cost was, not graduating from my dream department and course. Mr. Ken is a murderer; he murdered my baby in the womb of my spirit. He ended my dream of being a political scientist with his demands.

Now I think of it, I’m grateful for the strong girl I was in that season and for my amazing friends who stood by me through that period. That change was instrumental to what I have become today. Thankfully, in the International Relations department I had no lecturer issues and I graduated with my mates. I have served my country and I am currently working somewhere in Lagos Nigeria. I found a way out of that situation, but many girls in Nigeria are unable to escape and their experiences are much worse than mine. What these lecturers are doing is evil and their gory stories are beginning to come to light. I believe that this festering sore in the Nigerian tertiary educational system will at last begin to receive the treatment that will heal not just the educational system. It will also heal millions of Nigerian men and women who fell into the hands of these predators and very importantly it will cleanse our nation Nigeria and we will become great again.

PS:  This is a real life story of a Nigerian, but the real names of the characters are not used.

CAVEAT

Lawyers Alert hereby puts our readers on notice that this article is based on the writers opinion and do not necessarily represent the views of the organization except otherwise stated.

 

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THE IMPLICATION OF SAME SEX MARRIAGE PROHIBITION ACT 2014 AND THE RIGHTS OF SEXUAL MINORITIES IN NIGERIA.

By Victor Eboh, (Legal / Reproductive Right Officer)

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Violence and discrimination against sexual minorities  in Nigeria have been on the increase in recent times, no thanks to the promulgation of the Same Sex Marriage (Prohibition) Act 2014, (Herein after referred to as The Act) which has contributed negatively to the already dire circumstances of the Sexual minorities (Herein after referred to as The Community) in Nigeria. Members of the community have suffered an increasing wave of arbitrary arrest, unlawful invasion of privacy, assault and battery, sexual violence and extortion, among other ills, since the passing of the Act.

The average citizens of Nigeria, finds it very difficult to enjoy the protection of their rights and access to basic social services. It is rather more unfortunate for persons who are imputed to have sexual minority identities; they are faced with even more social isolation and discrimination by both states and non-state actors. Ironically, Public Authorities who are saddled with the responsibility to protect and ensure the fundamental rights of citizens are sustained, are most times at the forefront of the scourge of terror, intimidation, intolerance and violence against members of the community. The extreme intolerance, homophobia, bi-phobia and transphobia, make it even more dangerous for sexual minorities to reach out for help, hence most human rights violations against them, go unreported.

The cardinal principles of human rights include, universality and non-discrimination. The pre-condition for enjoying human rights is HUMANITY.  However, the Nigerian society and Public authorities do not see the sexual minorities as part of those, whose humanity are guaranteed rights under the Nigerian Constitution. Thus, their humanity is disregarded solely because of their sexual orientation or gender identity or expression, which exposes them to all forms of violence.

 

LEGAL FRAMEWORK GOVERNING SEXUAL MINORITIES ISSUES WITHIN THE NIGERIAN CONCEPT

The combined efforts of both the Domestic, Regional and International frameworks, all ensure equality of all persons regardless of their sexual orientation and gender identity.

DOMESTIC LEGAL FRAMEWORK

  • DOMESTIC FRAME WORK: 1999 CONSTITUTION OF FED. REPUBLIC OF NIGERIA
  • The preamble of the constitution
  • SECTION 1(1) & (3)
  • SECTION 17 (3) (C & D)
  • THE FUNDAMENTAL RIGHTS OF EVERY CITIZENS:
  • CHAPTER 4  of the constitution  section 33-40
  • SECTION 33: “Every person has a Right to Life and no one shall be deprived intentionally of his Right    to life
  • SECTION 34: “ Every individual is entitled to Respect for the dignity of his person and no person shall be subjected to torture or inhuman or degrading treatment.
  • SECTION 35: “Every person shall be entitled to his personal liberty and no person shall be deprived of such liberty.
  • SECTION 36: “Every person shall be entitled to fair hearing
  • SECTION 37: “ The privacy of citizens, their homes, correspondence, telephone conversation and telegraph communications is hereby guaranteed and protected
  • SECTION 38: “ Every person shall be entitled to freedom of thought, conscience and religion
  • SECTION 39: “Every person shall be entitled to freedom of expression
  • SECTION 40: “ Every person shall be entitled to assemble freely and associate with other persons …or any other association for the protection of his interest.

 

REGIONAL LEGAL FRAMEWORK

the African Charter on Human and Peoples Right, (hereinafter referred to as ACHPR),  a document which has been domesticated and  forms part of the body of laws in Nigeria, clearly and unequivocally guarantees freedom from discrimination and equal protection and equality of individuals before the law. The treaty was signed in 1981, but did not become a law in Nigeria until when the National Assembly ratified and enforced it as applicable law in Nigeria. The Charter is now known as the AFRICAN CHARTER ON HUMAN AND PEOPLES RIGHTS (RATIFICATION AND ENFORCEMENT) ACT (CAP 10) OF THE FEDERATION OF NIGERIA 1990

Article 2 of the Act, clearly provides that ‘ Every individual shall be entitled to the enjoyment of the rights and freedom recognized and guaranteed in the present charter without distinction of any kind such as race, ethnic group, color, sex, language, religion, political or any other opinion, national and social origin, fortune, birth or other status’

Other relevant sections of the Act are as follows:

  • The preamble
  • ARTICLE 1
  • ARTICLE 2
  • ARTICLE 3
  • ARTICLE 4
  • ARTICLE 13 (2)
  • ARTICLE 16 (1 & 2)
  • ARTICLE 19

 

The African Commission, the body responsible for monitoring compliance with the African Charter, has in various communications, denounced acts of discrimination. The ACHPR has clearly established that the expression ‘OTHER STATUS’ as used in the Act can broadly be interpreted to include grounds, other than those explicitly listed under that provision of the Charter. The rights to dignity, liberty and security of persons and freedom of association are among rights clearly proclaimed by the African Charter and the Charter clearly states that every human being is entitled to these rights.

Concerned by the increasing violence against the community, the ACHPR at its 55th session adopted a landmark resolution on the Protection Against Violence and Other Human Rights Violations against persons on the basis of their Real or imputed Sexual Orientation or Gender Identity. The Resolution unequivocally condemns violence against persons on the basis of their real or imputed sexual orientation and gender identity. It calls on states to stop all violence committed by state and non-state actors and to enact and implement laws condemning violence against all persons regardless of their sexual orientation or gender identity. States were also urged to promptly investigate and punish all acts of violence against persons based on their real or perceived sexual orientation and gender identity.

 

 

INTERNATIONAL LEGAL FRAMEWORK

The International legal framework governing Human rights apply equally to all sexual minorities in all parts of the world. The principle of equality, non-discrimination and universality are fundamental in ensuring the human rights for all persons including sexual minorities. It has been established that the grounds of discrimination enumerated in the International Covenant on Civil and Political Rights and the International Covenant of Economic, Social and Cultural Rights are non-exhaustive and “other status” includes sexual orientation and gender identity.

 

THE SAME SEX MARRIAGE PROHIBITION ACT 2014

The promulgation of the Same Sex marriage prohibition Act has to a great extent heightened the level of violence against the sexual minorities. The law has been used and utilised by both state and non state actors to subject community members to all sorts of violations, ranging from public humiliation, to battery, assault, blackmail, extortion and other forms of violations and violence.

The Act has further encouraged and in fact, breeds a culture of intimidation, suppression and violence against community members in Nigeria. The Act, apart from prohibiting same sex marriage, goes further to prohibit and criminalizes the association of persons and organizations who purport to promote the interest of Sexual minorities in Nigeria. It prohibits and criminalizes the ‘Public show of same sex amorous relationship directly or indirectly without defining what qualifies as “same sax amorous relationship”

The negative effect of this law was immediate and still persists, as and thus the community members are subjected to an unimaginable level of futility being victims of a wave of arbitrary arrest, invasion of privacy, blackmail, extortion and violence of which state actors are also perpetrators of this hideous practices.

 

 

RECOMMENDATIONS

From the above consideration, it suffices to say that if the rendition of the constitution “WE THE PEOPLE” is the have a meaningful impact, then it must have the force of general application without prejudice.

The following recommendations are worthy of consideration:

  1. The Government should act timeously in condemning the on-going violence against persons based on their real or perceived sexual orientation and gender identity expression.
  2. A review of discriminatory laws that trigger violence against sexual minorities should be given priority.
  3. Enforce constitutional and treaty provisions on universal human rights in public and private institutions across the country.
  4. Human rights violations based on sexual orientation or gender identity expression, should be investigated and perpetrators brought to book.
  5. Embark on a holistic campaign to promote an end to hate speech and statements inciting violence against sexual minorities in Nigeria from religious leaders, politicians and others and establish a link with sexual minorities human rights organizations, regarding ways to promote awareness on issues affecting sexual minorities.
  6. Establish a reporting process for informing the Human Rights Commission and other related bodies, on human rights abuses experienced by sexual minorities.
  7. State actors should discourage incidences of police raids, arbitrary and indiscriminate arrests and searches of individuals based on perceived or actual sexual orientation or gender identity expression.
  8. The police should be at the forefront in investigating and prosecuting incidents of violence against sexual minorities and refrain from harassing, arresting or prosecuting members of the sexual minorities support organizations and human rights advocates on account of their work on sexual minority rights.
  9. Civil society organizations should be encouraged to mainstream sexual minority’s awareness and rights into their relevant health, gender and human rights programmes.
  10. Mainstream stakeholders and the general public should be educated on human rights issues affecting sexual minorities. Sensitization workshops with government agencies, health workers and other law enforcement agencies be developed, on the need to promote and protect rights of sexual minorities as citizens of Nigeria.

 

CONCLUSION

From the above consideration, one fundamental principle looms larger, that violence and discrimination against any individual or groups of persons is unacceptable. OUR HUMANITY should be paramount in ensuring dignity and rights to ALL PERSONS.

 

CAVEAT

Lawyers Alert hereby puts our readers on notice that all articles on this page are of the writers opinion and do not necessarily represent the views of the organization except otherwise stated.

 

 

 

 

 

 

 

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SEXUAL AND REPRODUCTIVE HEALTH AND RIGHTS (SRHR) VIOLATIONS OF SEXUAL MINORITIES

By Doris U Innocent Esq

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Sexual and Reproductive Health and Rights or SRHR is the concept of human rights applied to sexuality and reproduction and these rights are protected by international laws. SRHR guarantees a number of rights to individuals, some of these rights are; The right to equality and non-discrimination, the right to life, liberty and security of the person, the right to autonomy and bodily integrity, the right to be free from torture and cruel, inhuman, or degrading treatment or punishment, the right to be free from all forms of violence and coercion, the right to privacy, the right to the highest attainable standard of health, including sexual health; with the possibility of pleasurable, satisfying, and safe sexual experiences. In our society today, there are sexual minority groups which these laws seek to protect and among them are the Sexual minorities.

The concept of Sexual minorities is fairly new to our continent Africa and our country Nigeria. It is proven that man fights and opposes anything he is not familiar with. The concept is alien to our society’s tradition, culture, religion and beliefs. Thus the concept is met with hostility and adverse opposition. Most communities are part of the sexual minority groups presently, in Nigeria. Due to the peculiar nature of their circumstance, Sexual minorities suffer a lot of Sexual and Reproductive Health Rights (SRHR) violations in the hands of members of the society. The passage of the Same-Sex Marriage (Prohibition) Bill (SSMPA) 2014 into law in Nigeria has heightened the rate of violations suffered by members. Over the years many of these groups have experienced homophobic stigma, discrimination and violence. This has driven sexual minorities to hide their identity and sexual orientation. Many fear a negative reaction from members of the society. Reports of indiscriminate arrests by law enforcement officers were also made from different parts of the country. These acts of injustice, discrimination and violence have led to the intervention of some civil society organizations in ensuring that the human rights of these affected persons are protected. It has also led to the rise of the SRHR movement in the country, which has consequently led to the nationwide awareness and sensitization programs held by different Civil Society Organizations (CSOs). This write up is aimed at giving you credible information on the SRHR violations of communities in Nigeria.

In partnership with AmplifyChange, Lawyers Alert an NGO, in the last two years has been monitoring and documenting Sexual and Reproductive Health and Rights violations in Nigeria. Within these two years, they have released findings on these rights violations with regard to the sexual minorities. Their findings are published and updated every six months. Their reports can be found at http://www.lawyersalertng.org/res.php

This documentation is done via their online tool styled “LadockT” http://colahr.org/lawyersalert/index.php  which automatically analyzes these violations across locations with regard to State and Local Government.

It is important to note that, as it relates to Nigeria as a geographical entity, the findings here may not represent the entire facts nationally. The project that birthed this tool is focused in 12 states.

Nevertheless, these findings are critical owing to their veracity and mode of collation.

Based on the analysis on communities, Ikeja in Lagos State has the highest reported violation rate, followed by Kosofe in the same Lagos State, while Gboko in Benue State ranks third on violation rate. Damban in Bauchi State and Gwagwalada in the Federal Capital Territory both rank forth. Lastly Biu in Bornu State ranks the least with regards to MSM violation rate.

On the analysis of age range with regards to these groups, 25-40 years and 20-24 year both have the highest violation rate with 38% while 10-19 years with 24%.

Information gotten from the Lawyers Alert’s tool shows the report of violations as regard to the group, within the time range ( July, 2017 – April, 2019) 20-24 years and 25-40 years has been leading age group in the increase to reported violations in local government areas in States, followed closely by 10 – 19 years age group. From the tool it is also shown that, Physical abuse and Verbal Abuse have the highest reported violation rate with 13%. Followed closely by Emotional Abuse having 12%, Blackmailing and Sexual Expression both rank third with 11% each. Personal Security and Freedom to Associate both rank fourth with 10% respectively. Forced Detention has 7%, Freedom of Movement and Economic Abuse both have 6% each. Quality Healthcare has 4%, Harassment has 3%. Privacy has 2%, Sexual Exploitation and Rape both have the least amount with 1% each. These facts are stated more clearly in the table below.

VIOLATION TYPES – MSM JULY 2017 APRIL 2019
Physical Abuse 13%
Rape 1%
Verbal Abuse 13%
Harassment 3%
Emotional Abuse 12%
Freedom to Associate 10%
Economic Abuse 6%
Blackmailing 11%
Privacy 2%
Freedom of Movement 6%
Quality Healthcare 4%
Sexual Expression 11%
Personal Security 10%
Forced detention 7%
Sexual Exploitation. 1%

 

It is hoped that this document will help to highlight the dangers of communities exposed to. It should also be stated that the data represented in this report is based only on that obtained from the Lawyers Alert online portal. It is important to note that, all violations recorded were verified. Flowing from all of the above it is clear that members of  communities, are beginning to speak up and that the society is becoming a more SRHR conscious one with regard to communities. Nevertheless, there is still need for more awareness programs as many victims of these violations are still stuck in their shells and many more members of the society need to be enlightened.

 

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WHEN THE ANOINTED GOT TOUCHED

By Devaan M. Mom

Timi-Dakolo-and-his-wife-Busola-and-Coza-pastor-1

Busola Dakolo’s decision to call her pastor out could not have been an easy one. She is after all, a successful professional photographer, married to one of Nigeria’s prominent musicians, and the incident occurred many years ago.

Her accusation came a few weeks after her husband, Timi Dakolo’s allegations of sexual misconduct meted to female members of the church by the same pastor, Biodun Fatoyinbo.

Biodun Fatoyinbo came to most Nigerians’ consciousness in 2013 when salacious allegations were made about him by a female member of his church who claimed to have been in an extra-marital affair with the founder of the upcoming (at the time) Pentecostal church, the Commonwealth of Zion Assembly, COZA.

Dapper, young, charismatic and good-looking, Nigerians were more sympathetic to the pastor whom it was assumed by most had fallen prey to some Delilah determined to bring him to ruin and pull the church down. Indeed, there are those who opine that the scandal served to make both pastor and church even more popular and sought after.

So, it was with a sense of unease and dismay that many read Timi Dakolo’s allegations when they first hit social media in June 2019. Still, many gave Fatoyinbo the benefit of the doubt. That debate was still being whispered around when Busola, Timi’s wife dropped her own bombshell. Apparently, this same pastor had raped her in her parents’ home when she was just 17 years old. One can only imagine that the constant allegations of sexual impropriety levelled against him by a staggering number of women, mostly members of his church, brought back memories which spurred Busola to pitch in her 2 cents to give credibility to the stories.

It seems to have worked.

Suddenly a tsunami engulfed social media, particularly Twitter and Facebook, as more people watched the revealing interview on Youtube and drew their conclusions. However, if Pastor Fatoyinbo of COZA had hoped to weather the storm as usual, it seemed Nigerians and particularly women weren’t having it this time around. In less than 48 hours a peaceful protest was organized and held at the church premises in Abuja and Lagos, 2 of Nigeria’s biggest cities.

COZA’s attempt at a pushback, having the Church premises cordoned off by state security agents, hiring random strangers to stage a counter protest, only outraged Christians and served to rouse scorn and deepen suspicion. The hue and cry would not die down this time and the church had to get Pastor Fatoyinbo to step down (even if temporarily) and yet there are still those insisting on litigation.

Described as a serial rapist, many on social media claim he has a history spanning back to his time before he became a pastor and speak of how he left Ilorin, Kwara state in a dust cloud of sexual impropriety including statutory rape, abortions, and getting kicked out of university. They insist his relocation to Abuja was an attempt to remake his image which has since fallen through owing to the constant trail of the same kinds of allegations.

His wife, Modele Fatoyinbo, who handled service the Sunday after the scandal, defended her husband. A bit of an irony really, since several of the women speaking up claim he blames his behavior on her inability to satisfy his sexual desires.

The sexual scandals COZA has found itself engulfed in are not new to the Christian faith. The Catholic church, the biggest Christian institution in the world, is currently in the process of reconciliation and healing after thousands of faithful brought such allegations against priests spanning many decades. The Anglican church had to deal with a split when it took the controversial decision to ordain gay priests, a stand the African arm of the church refused to accommodate. Every now and again, the random randy pastor is named though hardly ever shamed and life goes on.

However, what makes this situation stand out is the instant mass action embarked upon especially by non-COZA members to try to get the situation redressed. It serves as a watershed in the history of the church in Nigeria and indeed the culture of silence and shame which generally attends such occurrences. For one thing, it makes evident the fact that Nigerians are no longer willing to look away when clergymen are accused of sexual impropriety in any form as was the case in times past. Many challenged Christian regulatory bodies such as the Christian Association of Nigerian CAN, and the Pentecostal Federation of Nigeria PFN, to speak up. Both have since condemned the act while calling for investigations and also revealing that COZA is not registered with either of them.

The public uproar, however, has served the purpose of ensuring COZA’s postponement of a planned weeklong church activity tagged, “7 days of Glory”. These are remarkable achievements as far as holding the Church to account goes. It is also an indication that Nigerian women are finally finding voice and losing shame where rape stories are concerned.

There are still several people who disbelieve Busola’s story and wonder why it took her so long to raise the issue, despite the number of women who have chimed in since the story broke. The Pastor still has a strong fan base within and without his church.

Pastor Dave Ogbole wrote, to the ire of many, on his Facebook page, “My loyalty is stronger than correctness. I run to the battle right or wrong, we never leave a comrade alone in battle. It is one for all, all for one. I stand with Biodun Fatoyinbo, I am Bidoun Fatoyinbo”, following which he also promptly got called out for similar conduct by a certain Nguter Uja.

Also, in support of Pastor Fatoyinbo were the following Twitter accounts, with @funshographix tweeting: “It’s pure lies that Jesus was born through holy spirit (sic), God actually raped another man’s wife to birth Jesus Christ, Pastor Biodun was just following God’s steps.” Yet another tweep, @RenoOmokri described Busola’s account of the rape as being totally without merit. Tweeps like @DrJoeAbah, @Omojuwa, @BukkyShonibare, @Adeola, @AuduMaikori however, had a different perspective and kept the debate alive on Twitter.

Shortly after the video was publicized, Pastor Fatoyinbo, wrote a strongly worded rebuttal in which he threatened to take legal action to clear his name. Many on social media do hope the matter goes to court to reach a resolution on the matter. Twitter account @AyodejiOsowobi appeared to be soliciting for complaints of a similar nature perhaps in hopes of carrying out a class action or having other victims willing to testify should the matter go to court. As at the time of writing this article, her request had generated almost 10,000 likes and been retweeted by over 12,000 tweeps.

Should this action actually follow through, and an investigation is carried out, regardless of what is ultimately uncovered regarding Pastor Fatoyinbo’s guilt or otherwise, it would have served to send a very strong message to sexual predators that the days of shameful silence are over.

 

Devaan Mom is a journalist, development worker and politician. She writes from Abuja.

 

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THE CLASS ACT OF THE 8TH BENUE ASSEMBLY AND THE VAPP LAW

By Jerome Uneje

criminaljustice

 

“Hmmm…Torkwase my sister, so it’s true that everything about the domestication of the Violence Against Persons (Prohibition) Act (VAPPA) is finally done and dusted! Hah…the glory of the 8th Benue Assembly and the Governor will never be erased from the memory of the Benue people o! At least vulnerable and indigent women, children and even men will benefit greatly with this VAPP Act as assented to in Benue State. The two Women smile and lean their backs against the wall at the same time.

The most recently rattled and misconstrued Law has finally seen the limelight. Violence Against Persons (Prohibition) Bill like other bills presented to the National Assembly became a Law in May, 2015 and it seems to have overshadowed all other instruments and laws in Nigeria regarding the prohibition of all forms of discrimination against persons regardless of their sex and/or gender. This instrument enshrines the concerns and needs of vulnerable and indigent women including men and other groups who often fall victims of violence in Nigeria.

The Law which is applicable only at the  Federal Capital Territory had left the option to States at the Sub National level to domesticate the law in their respective States or otherwise. However it became imperative for the Law to be domesticated at the sub-national level especially in States such as Benue where on a daily basis, newspaper headlines are awash with killings, rape or maiming, particularly of spouse and/or lovers by husbands or man-lover, or rape of even minors like the case of Ochanya, who died from a gradual torture of rape by her so-called uncle and his son in Ugbokolo, Benue State and that of a young woman that was strangled to death by her husband for denying him sex in Plateau State and every 1 out of 3 women and/or young girls who suffer violence daily. All of those necessitated the propagation of the campaigning and advocacy for the VAPP Act to be domesticated in the State.

Be that as it may, the VAPP Law among other things has strengthened advocacy against rape, Female Genital Mutilation, partner battery, stalking, harmful widowhood practices by State Actors while prohibiting all forms of violence, including physical, sexual, psychosomatic, domestic, harmful traditional practices; discrimination against persons and to provide maximum protection and effective remedies for victims and punishment of offenders.  In as much as this all powerful legislation instrument has provided for the above, it has also initiated positive innovations such as prohibiting persons from being forcefully isolated or separated from their family and friends and preventing widows from being subject to harmful traditional practices. It has even gone ahead to provide for a Commission of Violence Against Women which will be responsible for the general supervision of the Bill while a Victim of Violence Trust Fund will be established to provide and manage victims of violence. Under the Trust Fund, rehabilitation programmes, shelters and rape centers will be provided to cater for victims of violence. This indeed is a huge and robust fortification especially for victims of violence.

The positive effect of this Law is overwhelmingly amazing as prior to this law only women could be raped as approved in other legal materials and in the true definition of the word ‘rape’ as well as penetration of the vagina and for this sole reason, only women could be said to be raped. However, this Law now provides that a man can also fall victim of rape. VAPPA is the first piece of legislation in Nigeria which recognises that men are capable of being raped and also recognizes that not only penetration of the vagina is acceptable. All other criminal statutes delineate the offence in relation to women.  The VAPP acknowledging that unlawful anal and/or oral sex can be rape and not sexual assault is therefore ground-breaking.

The above has truly shown that the Benue people at this point will be thoroughly protected by the appropriate application of this Law and in secure environment notwithstanding the degree and/or pedigree of persons involved in violations.

In conclusion, we express our warmest gratitude to the out gone 8th Benue Assembly for a great job well done. This singular act has demonstrated beyond every reasonable doubt that their tenure was people oriented and has therefore purged it of all shortcomings while the House lasted. We also commend the Executive Governor of Benue State His Excellency Samuel Ortom for his speedy action towards signing the bill into law. We also commend the doggedness of the Civil Society including FIDA, Lawyers Alert, The Civil Society Coalition in Benue, The Media and all other actors involved in the course of this struggle.

As the struggle continues, Torkwase and her friend Ada laugh out loud shake hands and stand up. They walk out of the room towards the door to catch up with a new day in a new Benue where the rights of Women and other vulnerable groups are fully protected under the Violence Against People Prohibition Act.

 

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SEXUAL AND REPRODUCTIVE HEALTH RIGHTS WITH RESPECT TO HIV VIOLATIONS

by Hwande Richard

HIV is an acronym for Human Immune deficiency Virus; it is a virus that lives in human blood, sexual fluids, and breast milk. It weakens the immune system, so the body has a hard time fighting off common germs, viruses, fungi, and other invaders. It spreads mainly through unprotected sexual contact and sharing needles.[1] The first two HIV cases in Nigeria were reported in 1986 at the international AIDS conference, over thirty years ago. Ever since then the statistics of People Living with HIV have grown, these statistics have been researched and recorded by different organizations and bodies. The most recent research results released on 14 March, 2019 indicates a national HIV prevalence in Nigeria of 1.4% among adults aged 15–49 years. Previous estimates had indicated a national HIV prevalence of 2.8%. UNAIDS and the National Agency for the Control of AIDS estimate that there are 1.9 million people living with HIV in Nigeria. At the national level, viral suppression among people living with HIV aged 15–49 years stands at 42.3% (45.3% among women and 34.5% among men). When people living with HIV are virally suppressed they remain healthy and transmission of the virus is prevented. The new data differentiates HIV prevalence by state, indicating an epidemic that is having a greater impact in certain areas of the country. The South-South zone of the country has the highest HIV prevalence, at 3.1% among adults aged 15–49 years. HIV prevalence is also high in the North Central zone (2.0%) and in the South East zone (1.9%). HIV prevalence is lower in the South West zone (1.1%), the North East zone (1.1%) and the North West zone (0.6%).[2]

The State of HIV/AIDS in Nigeria & Benue State:

HIV/AIDS has in its reign harvested for its self a trajectory of effects in its course.  These myriad of effects cuts across core areas including economic, socio-cultural, health and other effects combined. Persons living with HIV/AIDS (PLWH) over time have been subjected to humiliation, discrimination and stigmatization; which is a clear violation of their Sexual and reproductive health right. These violations can be traced to the trepidation of contacting the virus from the affected person. The citizenry, both individuals and government establishment were party to these violations; for example, Government hospital refusal to treat a person living with HIV/AIDS or a family refusal to allow a PLWH to sleep under the same roof with the entire family. PLWHAs were practically treated with disgust regardless of the awareness creation done by the government.  Many people living with HIV, who are in good health, will want to enjoy their sexual and reproductive health rights which provides them with equal opportunities with a person living without the virus. The unbearable situation of the PLWH community in the Nigeria society led to the clamour by Civil society organizations and Nongovernmental organizations both national and international for an Act prohibiting discrimination based on HIV status.

The Nigerian legislation in the year 2014 finally passed an Act titled HIV and AIDS (Anti-Discrimination) Act. Despite the enactment of the HIV and AIDS (Anti-Discrimination) Act, 2014, the Nigeria society still grapples with issues of discrimination and the violation of People Living with HIV. HIV is a health status and not a death sentence; people living with HIV are human beings and are not only entitled to their basic fundamental rights but also their health rights. They deserve to be loved, understood and valued. They deserve to be happy, dream, achieve their goals and lead their normal lives. They are also part of the human resources of our great country Nigeria and they deserve to have good paying jobs and job security. Over the years many victims of these violations previously had little or no support that ensured that they received justice and this situation was given little attention.  This piece seeks to appraise the violation reports of people living with HIV within the last two years using records from Lawyers Alert. This report encompasses violations in the last two years as it affects the above target group. Their documentation is made via their online tool styled “LadockT”http://colahr.org/lawyersalert/index.php  which automatically analyzes these violations across locations with regard to State and Local Government, age groups and type of violation; it also exhibits trends and gaps. Their reports can be found at http://www.lawyersalertng.org/res.php

The report shows that with regard to PLWH, the Abuja Municipal Area Council in the FCT reports the highest number of incidents, followed by Karu local government area in Nasarawa state. Akure East in Ondo State, Awka North in Anambra State, Ibadan South East in Oyo State, Kebbi in Kebbi State, Kwande in BenueState and Lagos Mainland in Lagos State all show the same violation rate.

 

From the report, Emotional Abuse shows the highest rate of violation with 20% followed by Verbal Abuse with 17%,Economic Abuse, Freedom to Associate and Housing have  8% each. While Employment and Physical Abuse have 6%.Confidentiality Breach, Blackmailing and Institute of Learning have 4% each followed by the least rate of violations which are Personal Security, Forced Detention, Harassment, Medical Test and Child Custody having 3% each.

VIOLATIONS JULY 2017 APRIL 2019 INCREASE DECREASE
Emotional Abuse 20% 20%
Verbal Abuse 16% 17% 1%
Economic Abuse 4% 8% 4%
Freedom to Associate 6% 8% 2%
Housing 8% 8%
Employment 4% 6% 2%
Physical Abuse 2% 6% 4%
Confidentiality Breach 6% 4% 2%
Blackmailing 4% 4%
Institute of Learning 6% 4% 2%
Personal Security 2% 3% 1%
Forced Detention 2% 3% 1%
Harassment 4% 3% 1%
Medical Test 4% 3% 1%
Child Custody 4% 3% 1%

Table. Showing Percentage increase and decrease of PLWH – Violations in the last two years.

From the table above we can see the increase and decrease of the reportage of various violations of People living with HIV. It is very important that every one wakes up and begin to respect each other’s Sexual and Reproductive Health Rights and report violations where they occur.

 

 

 

 

 

 

 

 

 

 

 

 

 

[1] https://www.webmd.com/hiv-aids/understanding-aids-hiv-basics#1

[2] https://reliefweb.int/report/nigeria/new-survey-results-indicate-nigeria-has-hiv-prevalence-14

 

 

Hwande Richard was a Legal Officer working with Lawyers Alert

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

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SRHR with Regards to LGBTI Community

by Solumtochukwu P. Ozobulu  Esqlgbti

Sexual and reproductive health right (SRHR) is a growing movement around the world and in Nigeria. The movement is borne out of the need to encourage individuals to explore their sexuality without fear of stigmatization, physical abuse or any other kind of violation as a matter of Right.

The growing nature of SRHR movement is aimed at protecting the vulnerable and Key Affected Persons including the LGBTI community. LGBTI is an acronym for Lesbians, Gay, Bisexual, Trans- gender and Inter- sex. This community with a different and peculiar kind of sexuality has been viewed with negative and discriminatory tendencies especially in Nigeria and other African Countries. This unfortunate trend has sent the LGBTI Community into hiding due to the legal, social and religious environment in our country with attendant consequences.

It is no news in Nigeria that many LGBTI Persons are still being denied key sexual and reproductive health rights and services i.e. their right to enjoy control over and make decisions on their sexual and reproductive health without discrimination.

The homophobic nature of the citizenry draws its link from socio-cultural and religious beliefs and practices. The culture of the people of Nigeria largely frowns at homo sexual practice as it is said to be foreign to the indigenous practices and beliefs. The religious beliefs and teachings also view same sex practice as sinful, unnatural and therefore unacceptable.

The aggregate Socio Cultural opposition to same sex practice and relationships in Nigeria led to the enactment of the same sex marriage (prohibition) Act 2014. The same sex marriage (prohibition) Act together with the criminal and penal code totally criminalizes homosexual activities in Nigeria. According to the words of the criminal/ Penal code,  homosexual act is regarded as “an act against the order of nature”. The maximum punishment in the northern states that have adopted the sharia law is death by stoning among other punishments. That law applies to all Muslims and to those who have voluntarily consented to application of the sharia courts. In the southern Nigeria the maximum punishment for same sex sexuality activity is 14years imprisonment. The various laws forbidding gay practice providing different punishment varying from the state of commission did not take into cognizance the sexual and reproductive health rights of the LGBTI community.

The provision/ enacting of the laws led to an unprecedented violations of the Rights of the LGBTI community in Nigeria even on grounds of suspicion and hearsay.For example in Lagos Nigeria, over 40 Young People were arrested on the suspicion of holding a gay party. The different violations range from physical abuse, verbal abuse, denial of freedom of association, denial of privacy, emotional abuse, rape, denial of quality healthcare among others. These various violations of the LGBTI community prevailed in Nigeria as both the law enforcement agencies and individuals took justification from the various laws prohibiting homosexuality to violate the rights of the sexual minorities at random.

Since most members of the LGBTI community  are seemingly oblivious of their sexual and reproductive health rights, they find it difficult to open up by reporting these violations due to fear of stigmatization. This has led to strong need for  massive sensitization and awareness creation in the area of sexual and reproductive health right and reporting of violations for effective interventions by Civil society organizations and Nongovernmental organizations both local and international in Nigeria.

Part of this sensitization is currently being carried out by Lawyers Alert in its legal literacy project for vulnerable groups in Nigeria. The positive effect of the sensitization is that more awareness of the Rights of KAPs is being recorded across Nigeria, leading  to a decrease in some violations. This can be clearly seen in the Lawyers Alert published findings on Sexual and Reproductive Health Right violations in Nigeria between 2017 and 2019. These findings can be accessed at http://www.lawyersalertng.org/res.php.

 

According to the recent released report of Lawyers Alert on its website in April 2019, Benue state seems to have the highest rate of LGBTI violations among other states in Nigeria. It can be deduced from the published finding that the age bracket more susceptible to be violated in the LGBTI community are those between 20-24years which can be categorized as youth with 58% of violations in 2019 and 63% in 2017. Although the statistics shows a level of decrease yet it is alarming. A critical analysis of the reports brings to limelight the occurance of these right violations, while some are on the increase others are on the decrease. Violations like physical abuse breach of privacy, denial of freedom to associate, sexual expression and  rape seems to be on the increase with 2%, 3%, 4%,1% and 4% respectively while blackmailing, verbal abuse and emotional abuse are on the decrease with 5%, 1% and 2% respectively. Regardless of the increase and decrease of each of the violations emotional abuse still top the chart as it represents 20% of the violations followed by verbal abuse and denial of sexual expression with 18% each. Although some of the right violations like rape and breach of privacy e.t.c represent a little fraction of the violation but it is important to know that every little piece matters when it is in relations to a person’s sexual and reproductive health right.

It is trite to know that the published finding is not all inclusive as just reports from 12 states out of the 36 states in Nigeria were used. Nevertheless, it shows the growth of SRHR movement and the need to deepen and expand the scope in other to curb the menace.

As we all aspire to be part of a society where individuals have knowledge, skills and resources to enjoy their sexual and reproductive health right without violations and subsequently bequeath same to future generations; there is a need to deepen sensitization on sexual and reproductive health right.

 

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