RSS

Category Archives: violence against people prohibition

INTERNATIONAL DAY FOR THE ELIMINATION OF VIOLENCE AGAINST WOMEN

By Innocent Doris U ESQ

Capture-1

This day was declared on December 17, 1999, by the United Nations (UN), 20 years ago, but the history of this day, dates back to 1981. This day is very relevant as the world seeks to bring Gender Based Violence and injustice against women to an end. This year’s theme is Generation Equality stands against rape. As we celebrate the International day for the elimination of violence against women, I am caught in a dialogue within, a reality check on the import of this day and the difference in the prevalence of violence against women in Nigeria 20 years ago and in our present day.

The present glaring reality of Gender Based Violence in Nigeria is quite alarming. The prevalence of Gender Based Violence is at an all time high with minors and babies at risk of becoming rape survivors. We must speak up against this endemic evil that is beginning to eat into the fabrics of our society; we must do all we can to avoid it from becoming a norm. We must protect our women and children from this terrible act. Movies like Ovys voice, alter ego, Code of Silence amongst other numerous Nolly wood movies depict the after math of rape and the different psychological trauma that victims of rape go through.

Rape is a Crime, not a civil matter that can be settled. In my line of work I have seen mistakes that victims and guardians make when a rape incidence occurs. These costly mistakes end up affecting the victim and eventually the case.

Rape has been defined by Section 1(1) of the VAPP Act 2015.

A person commits rape if –

  • He or She intentionally penetrates the vagina, anus or mouth of another person with any other part of his or her body or anything else;
  • The other person does not consent to the penetration Or
  • The consent is obtained by force or means of threat or intimidation of any kind or by fear or harm or by means of false and fraudulent representation as to the nature of the actor the use of any substance or additive capable of taking away the will of such person or in the case of a married person by impersonating his or her spouse.

It is important to know what to do when a rape incident has occurred:

  • Report to the nearest Government Hospital immediately for tests and a detailed test report.
  • Get a professional counselor to help the victim heal emotionally and mentally.
  • Get a lawyer

 

At this point, it is important to reiterate that parents and guardians should keenly watch their children and take reports made to them about harassment or suggestive words very seriously. A lot of child rape would have been prevented only if the parents or guardians of the victims had taken the cues their children had given them, listened to them or even acted on the reports they were given. Studies have shown that Child rape or violations are perpetuated mostly by familiar people or people the children trust. So parents are enjoined to be extra careful of who they allow to have access to their children or wards.

 

In conclusion, Lawyers Alert is always here for you to make reports of any violation of human rights. If you are aware of anyone whose rights have been violated, please contact us through any of our platforms, our numbers are on the website. We look forward to hearing from you.

HAPPY INTERNATIONAL DAY FOR THE ELIMINATION OF VIOLENCE AGAINST WOMEN FROM ALL OF US AT LAWYERS ALERT

 

CONTACT US VIA:

                                                                    Call us: 08099937358, 08099937318

                                                                     Twitter: @lawyersalertng

                                                                    Instagram: @lawyersalertnigeria

                                                                    Facebook: Lawyers Alert Nigeria

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.

 

Tags: , , , , , , ,

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.

 

Tags: , , , , ,

 
%d bloggers like this: