Wednesday, 5 February 2014

Tackling the crime of violence against women in Nigeria


Tackling the crime of violence against women in Nigeria
By Evelyn Okakwu

 In the words of United Nations Secretary-General, Ban Ki-Moon "There
is one universal truth, applicable to all countries, cultures and
communities: violence against women is never acceptable, never
excusable, and never tolerable."  As the world marks international day
for the elimination of violence against women; the pains of the
Nigerian woman vis-à-vis prevailing circumstances in our society comes
to light. It is a known fact that Violence against women is a global
pandemic, which sadly cuts across the various segments of every
society.   More so, in recent times in Nigeria, there have been
several cases of violence against women and, most of these cases are
not brought to light, despite the heinous nature of this crime.
Violence against women is a human rights abuse. The 1993 UN
Declaration on the Elimination of Violence against Women defines it as
any act of gender-based violence that is, violence directed against a
woman because she is a woman or that affects women disproportionately
that results in, or is likely to result in, physical, sexual or
psychological harm or suffering to women, including threats of such
acts, coercion or arbitrary deprivation of liberty, whether occurring
in public or in private life
 Issues ranging from sexual harassment, trafficking in women and
girls, sex selection, early marriage, female genital mutilation, among
others, are fast becoming epidemics ravaging the country just as it is
has been noticed globally. This situation is un- abating globally and
has elicited public outcry. Most often than not, women are exposed to
violence of varying lengths from their male partners. And on these
cases, there reason for bearing the inhumane treatment is not
unconnected to financial dependency. According to a none governmental
organization; NGO “Project Alert” Nigerian women are in general less
financially independent than men and their dependency on a partner or
husband deters most women from leaving an abusive relationship or from
seeking a divorce”.
Lillian Idogho a banker based in here in Abuja says her sister kept
enduring the malicious behavior of her husband till it became too
late. She would often seek excuses to keep away from the family for
fear that any move to inform her family about her plight might put her
in greater risk with her husband whom she would still end up with
after everything. Unfortunately, Lillian said the family got to
discover the ugly state of things at a very late time. When her sister
got rushed to the hospital in the early 2000, they had all thought she
would return but what they were told by the doctor was that her sister
had died of womb rupture due to constant beating from the man which
had caused the death of the baby in her womb.
Also in a report done by Amnesty international, it was gathered that
another woman: Ebun", aged about 30, said her husband had physically
assaulted her during pregnancy and after the birth of their son in
2003, and had threatened to kill her and her family. A court official
conducting initial divorce hearings and a welfare officer reportedly
advised her not to proceed with the divorce for fear of exacerbating
her husband’s mental health problems and putting her safety at risk.
 A hand full of women, world over, are exposed to violence a different
levels every day; but what makes the case with Nigeria seemingly
appalling is the nature of reluctance with which security agencies
tackle the situation.
The failure of federal and state authorities to establish policies and
programmers to address violence against women in the home is reflected
in the lack of support for women in urgent need of a place of safety.
The authorities provide no shelters for women forced to flee their
homes.
In fact the Nigerian society practically encourages the woman to
remain with her husband even in terrible circumstances.

Litigation to obtain a divorce or to seek custody of the children is
expensive and beyond the means of most women. For this reason, some
women have to report violence in the home to the news media or to
NGOs, to highlight their plight and to obtain legal advice and
assistance.

The provision of short-term escape routes in the form of shelters
would provide protection and accommodation to women and girls at risk
from a violent relationship.
Unfortunately however the judicial and other crime regulation
authorities in Nigeria are quite far from providing this haven to
victims of violence in the country.
Women and men who go to the police to report cases of violence in the
family, including rape and physical assault, are often met with a
patronizing and discouraging attitude. A police spokesperson in Lagos
told Amnesty International that they did not take violence in the
family seriously; "unless it is a case of the rape of a child or the
husband kills his wife" Few rapes are reported to the police, because
of the social stigma attached to the victim and the difficulty in
obtaining medical evidence. Women who bring a complaint of rape cannot
insist on speaking to a woman police officer since the right, and
proposals for specific women’s and human rights desks in all police
stations have not yet been implemented.

Thus the criminal justice system in Nigeria provides limited
protection for the victim of violence against women. The police and
judiciary often dismiss domestic violence as a family matter and
failing to investigate or press charges. The few rape victims who take
their cases to court face humiliating rules of evidence, patronizing
and discriminatory attitudes from court officials, and little chance
of justice. The prohibitive cost of legal action encourages families
to seek financial compensation out of court. In such cases and where
women subjected to violence in the family or rape cannot attain
justice through criminal proceedings, the consequential effect is that
the situation is allowing the perpetrators of this crime to operate
with impunity.

In early 2005, the UN Committee on the Rights of the Child noted its
deep concern about what it described as the "generally high level of
acceptance of domestic violence among law enforcement officials and
court personnel" in Nigeria. According to the UN; “It is these figures
of authority, as well as religious and traditional leaders on whose
support abused women should be able to count; yet they often exhibit
attitudes that discourage women from turning to them for help and
contribute substantially to the normalization and persistence of
violence against women in the family’.


Worst still, wealthy and powerful perpetrators of violence, as well as
those with those with personal connections to police officers, are
often suspected to be able to buy themselves immunity from prosecution
by paying officers not to record a complaint or not to pursue an
investigation. This was the suspicion of some observers in the case of
one woman in here:
"Fatima" died on 12th September 2003 from injuries sustained after she
was allegedly beaten and thrown from the first floor of her home by
her husband. Before her death, she had paid a condolence visit to a
relative, despite reportedly being banned by her husband from visiting
or receiving, among members of her family. After her family reported
her death, her husband was detained. However; he was later released
without charge
In a similar case Late Blessing, a PhD holder and a formal appointee
to the then newly established Anti-Corruption Commission, ICPC,
reported threats to her life by her husband and his two sisters to the
Enugu State Police Commissioner who, instead of acting immediately,
asked her to come back in two days time. She did not live to keep that
appointment as she was murdered at night in her home on the eve of her
appointment.
 Also in another report by "Folake” a social worker who was jailed
after she accused a man of rape; she said her employer’s husband had
forced her into his bedroom and made her watch a violent videotape
before forcing her to have sex. A medical examination supported her
allegation. Yet she was the one brought to court, charged with slander
for making the accusation, and remanded in prison until her family
could raise the bail money to have her released. The material evidence
of the crime, handed over to the police, was later said to have
disappeared. No charges were brought against the man she accused.

 Worse still, sometimes in 1999, an uncle sexually assaulted a little
girl of six years old. The matter was taken to court and prosecuted.
In giving judgment however, the magistrate set the accused person free
for lack of [corroboration]. This was in spite of the bloodied pants,
the testimony of the mother who noticed the pains while bathing her,
and the medical evidence from a government hospital. The magistrate
said collaboration meant testimony from another person who witnessed
the alleged act.
As Amnesty international aptly puts it; “Failure of law enforcement
officials to register adequately and investigate cases of violence in
the family, and to prosecute suspected perpetrators, indicates a lack
of willingness to treat violence in the family as a criminal offence
and a violation of human rights.”
On the 9th of may 2013, it was reported that the house of
representatives, during its third reading, passed the Violence against
Persons (Prohibition) Bill; A law which aims to eliminate, or reduce
to a minimum, the cases of gender based violence.
Various analysts have stated that this bill is long overdue, yet still
more Nigerians hope that as the country joins the world in celebrating
the international day for the violence against women, the many issues
relating to such crimes in the country will be redressed with greater
vigor. Nigerian stake holders most remember that violence against
women is a social crime that has a devastating effect on all aspects
including the socio-economic status of the society.

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