Sir: The need for stringent laws and a better support system for survivors have always dominated the conversation about the rampant sexual and gender-based violence (SGBV) in Nigeria. In 2015, Nigeria’s Violence Against Persons (Prohibition) Act (VAPP), was hailed as a critical tool in fighting gender justice. After a decade of advocacy, the VAPP Act proved to be a pivotal turning point in the criminalisation of Female Genital Mutilation (FGM), expansion of the definition of rape, and victim compensation. Despite diverse challenges, the VAPP Act was adopted by over 34 states.
However, a new Bill by Senator Jibrin Isah which passed a second reading in the Senate in September now seeks to repeal and replace it with what is termed “more robust” legislation. Activists worry that this may reverse the gains of grassroots efforts to mitigate gender-based violence (GBV) and have particularly decried the lack of transparency and consultation in the process of developing this new bill.
Nguvu Collective, a women’s leadership organisation, has led a collaborative action with 15 civil society organisations in Nigeria to bring together the concerns of gender rights activists in an open letter to Senator Jibrin Isah, the sponsor of the VAPP Repeal and Enactment Bill, 2024.
These organisations include YIAGA Africa, Dorothy Njemanze Foundation, WILAN, Connected Development (CODE), Gender Mobile, TechHerNG, 16 Stories, ASVIOL Support Initiative, Fembud NG, Devatop Centre for Africa Development, Chafhein, The Public Policy Shapers, Help The Woman Campaign, AdvoKC, and Youth Be Involved (YBI).
The letter calls for an inclusive and well-publicised public hearing to enable the broad and meaningful participation of key stakeholders and the public in a comprehensive review process. It expresses deep concern over the delay in organising a public consultation on this important Bill because the current VAPP Act “stands as a monumental legal safeguard against violence, especially for women, children, and marginalized groups.”
Any changes to the VAPP Act must be developed with the voices of civil society, human rights defenders, gender-based violence experts, and survivors at the forefront. Transparent, inclusive consultations will ensure that the amendments reflect the real needs of those whom the Act seeks to protect.
Read Also: UPDATED: APC suspends Ex-Minister Aregbesola
Nguvu Change Leader Priye Diri, who launched an online campaign against the Bill to Repeal the VAPP Act says, “It is essential to engage in thorough consultation with all stakeholders to ensure comprehensive input on the bill. The consortium of 16 civil society organisations came together to jointly urge for Public Consultation because we cannot afford to work in silos; only through collective effort can we achieve a truly impactful and inclusive outcome.”
The open letter reminds us that the VAPP Act is the only piece of legislation in Nigeria today that shields and caters to the needs of countless Nigerians facing SGBV across different socio-economic, religious, and ethnic backgrounds. “The prevalence of SGBV in Nigeria is influenced by cultural norms, gender inequality, poverty, and weak legal enforcement. In many states where the Act has been domesticated, the culture of silence has been broken due to the VAPP Act,” the letter says.
The signatories also make the following recommendations to strengthen the proposed re-enactment Bill:
a. Substitute the word “victim” for “survivor” in the Bill.
b. Include Online Gender-Based Violence in the interpretation of harassment and not simply cyberstalking.
c. The age segregation in the offence of defilement of a child in clause 2 of the Bill should be harmonised. It should be one offence for defilement of a girl under the age of 18 years.
d. Replace the proposed “mental disorder” in the Bill which is introduced to replace the derogatory term in the Act “mentally retarded” with “mental disabilities” in clause 29 (4) (b) of the proposed Bill.
e. Penalties in the Bill should be stated in the minimum. In that case, the judge would only exercise discretion regarding the maximum penalty imposed upon conviction.
f. The schedule for the Bill should be attached, as there is none at the moment.
Nigeria has pledged to protect women’s rights, and a holistic reform of this legislation would enhance those obligations while also restating our leadership on human rights.