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INTERNATIONAL DAY FOR THE ELIMINATION OF VIOLENCE AGAINST WOMEN

By Innocent Doris U ESQ

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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

 

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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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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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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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USER FEE CHARGE: A HINDRANCE TO HIV CONTROL IN NIGERIA

Ayomide Joshua

HIV-Positive-campaign-e1372284120824

Over the years, a lot have been done to exterminate or reduce the spread of HIV to the barest minimum. Many drugs have been invented to treat HIV. One drug that immediately comes to mind is the anti-retro viral (ARV). The ARV has been known to be very effective in HIV treatment as constant dosage reduces the viral load to zero. What this means is that any person living with HIV who is constantly taking the ARV will continue to enjoy sound health for as long as he keeps taking the drug. Another drug that has been found to be effective is one which injection a person takes once in a year. As the HIV positive person keeps taking this injection yearly, he keeps enjoying sound health. The injection reduces the viral load in his/her body system to zero level. However, this injection is very expensive and not very much available like the ARV.

STRATEGY FOR HIV CONTROL

Prior to the invention of the ARV, especially in the 80s and 90s, the world witnessed rapid spread of HIV infections and many people died of AIDS.  During these periods, some drugs were invented which were helpful in the treatment of HIV but they were expensive and only few people afford to pay for them. As a result, the condition of majority HIV positive persons who could not afford those drugs worsened from HIV infection to full blown AIDS, leading to their eventual death. Worried by this development, the United Nations came up with two strategies for HIV response and control.The strategies are;

  1. The ARV should be made available everywhere;
  2. The ARV should be free so that every person living with HIV should obtain the drug regularly.

No doubt, these strategies have gone a long way in helping to treat and contain the spread of HIV. A front liner in the campaign for the right and welfare of persons living with HIV/AIDS once testified: “I am a living testimony to the effectiveness of the ARV. I have been taking the ARV for over 13years and I have been enjoying sound health.”

Currently, statistics shows that 63.9 million persons are living with HIV/AIDS in the world while 3.1 million persons are living with HIV/AIDS in Nigeria and of the 3.1 million persons, 28% of them are children.

 

ACCESS TO HIV TREATMENT AND THE USER FEE CHARGE

The strategies for HIV control has been effective in Nigeria. For instance, the ARV are very much available in our health institutions and PLWHIV are accessing the drug. However, there are many people living with HIV who are finding it difficult to obtain ARV regularly due to the fact that they are being compelled to pay user fee before they can obtain it.

“User fee” means an amount that a person living with HIV is asked to pay before accessing HIV treatment. Towards the end of December 2018, a large number of persons living with HIV trooped out with various banners and posters to protest against the user fee charge. One of them who was interviewed by a journalist said that the user fee that is imposed by public health institutions was worsening his condition of health. He said each time he went to the public health institution where he normally obtain ARV, they would ask him to pay N1, 000 and sometimes N500 before giving him the ARV. He said further that anytime he didn’t have money to pay for the treatment, they will not give him the ARV. And once there is no ARV for him to take, his condition of health would start deteriorating. While they kept demonstrating against the user fee charge, the person living with HIV appealed to the government to remove the user fee charge so that they could have access to HIV treatment and enjoy sound health.

REMOVING HINDRANCE TO HIV CONTROL

The fact is, if we are going to make any head way in our national HIV response, we must remove anything that will act as a cog in the wheel of our progress

In Nigeria, we are very good at shooting ourselves in the foot or working agent our self. We always want to make things difficult for ourselves. HIV treatment have been made available for fee, yet our public health institutions have made user free mandatory for persons living with HIV to pay before obtaining the drugs.

Whatever may be the reason for introducing the user fee, the fact is that persons living with HIV are finding it difficult to access HIV treatment. Even the little amount of N500 and/or N1,000 they are been asked to pay before accessing treatment, are amounts which persons living with HIV/AIDS find it difficult to pay.

If persons living with HIV/AIDS cannot access treatment because of the user fee, how then will we be able to achieve our goal of controlling HIV infection come 2020? Obviously the user fee charge is a hindrance to our national HIVresponse. If we are really serious about controlling the spread of HIV infection, we should not hesitate to remove the user fee charge.

WAY FORWARD

Lawyers Alert is therefore appealing to the Federal Government, the 36 States Government, the Federal Capital Territory, Abuja, the NACA (National Agency for the Control of AIDS), the SACA (States Governments for the Control of AIDS),Ministries of Health and other relevant agencies and institutions to expedite action to remove the user fee charge so that persons living with HIV can access treatment and enjoy sound health. It is when this is done that we can hope to achieve our goal of controlling HIV infection come 2020.

 

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Employers of labour must comply with HIV/AIDS non discrimination Act

HIV-AIDS.jpg

A Civil Society Organisation in Nigeria, Lawyers Alert has insisted that employers of labour in the public and private sector must comply with the HIV/AIDS non discrimination Act to protect workers who that are infected with Acquired immunodeficiency syndrome (AIDS), a chronic, potentially life-threatening condition caused by the human immunodeficiency virus (HIV).

The President of Lawyers Alert, Mr Rommy Mom told Daily Trust that the HIV/AIDS non discrimination Act that was passed into law in Nigeria five years ago was not implemented and that his organization has dragged the Minister of Justice and Attorney General of the Federation, Abubakar Malami to court to demand full implementation and total adherence to the law.

He said the HIV/AIDS non discrimination Act mandates the Attorney General of the Federation to ensure that work places have HIV/AIDS policies to protect workers that are HIV positive.

He said the law was passed in 2014 and that it mandates the AGF to ensure that employers of labour in public and private sector in Nigeria have the policy within three months.

Mr Rommy expressed concern that the law was not implemented five years after and that no policy in work places to protect people living with HIV.

He lamented that majority of workers that are HIV positive are facing all forms of discrimination and stigmatization in their places of work.

 

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ADVOCACY VISIT TO THE BENUE SATE EMERGENCY MANAGEMENT AGENCY ON THE 23RD DAY OF AUGUST, 2018

The Head Office of Lawyers Alert in Makurdi, Benue State paid an advocacy visit to the Benue State Emergency Management Agency on the 23rd of August 2018. The 3-Person delegation was led by Mr. Lazarus M. Ahangba the Programs Manager, alongside Jerome Uneje Programs Officer and Linus Mbakaan the Administrative Officer.

Lawyers Alert Advocacy Visit to the Benue State Emergency Management Agency (BSEMA) took place on the 23rd day of August, 2018 at 10:00am. The group was led by Mr. Lazarus M. Ahangba, the Head Office Programs Manager. The group was received by the Executive Secretary of the Agency, Mr. Emmanuel Shior and his team. Mr. Lazarus Ahangba set the meeting in motion by introducing his team members and Lawyers Alert including its vision and mission. He went ahead to highlight on the Organization’ history, major achievements and current activities. He also spoke on the purpose of the visit which is to explore areas of mutual interest and partnership between the two Organizations. Furthermore, he said LA identifies BSEMA as a core stakeholder since it is saddled with the responsibility of managing Emergencies in the State. This responsibility therefore places them in direct contact with victims of disasters made up of mostly women and other vulnerable groups.

Since women and vulnerable groups happen to be LA’ core target groups, BSEMA then becomes a Key Stakeholder and State Actor to collaborate with towards meeting the needs of women and other vulnerable groups. He went ahead to intimate the Agency of LA’ intention to visit some of the Internally Displaced Persons’ Camps with the view towards building their capacity on Sexual and Reproductive Health Right (SRHR) and Gender Based Violence (GBV). In addition Jerome Uneje mentioned the monitoring and documentation of rights violations LA carries out. She also mentioned the availability of the web based tool developed by LA in 2016 which captures and analyses SRHR violations. She concluded by intimating the Agency of the intention of LA to also monitor and document SRHR violations in the camps. She further talked about LA’ pro bono services and asked the Agency to take advantage of same by sending in cases of violations.

The Executive Secretary, in his response was quite pleased with the visit and thanked LA for it. He was appreciative of the gesture and assured LA of the Agency support and Cooperation. He gave LA the go-ahead with its intended intervention in the camps on the condition that she shares her finding with the Agency before publishing. This has become necessary because some groups will visit the camps and publish damning reports without consulting the Agency. He also wanted to know if LA’ pro bono services includes development workers whose rights are abused in the course of their services. He concluded by saying that he is a feminist and any intervention regarding women and their rights is highly acceptable to him. The meeting ended with a group photograph.

In conclusion, the meeting with Benue Sate Emergency Management Agency was fruitful, timely and most appropriate. It has opened up a channel of opportunities especially for women and other vulnerable groups focus intervention. We look forward for more of such interface with key State Actors in the State.

 

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