Gender Based Violence
Joseph Gbagyo. Legal officer CORAFID, Publisher.
Joseph Gbagyo
Women are termed second class citizens of the world, most especially in Africa where till date, many communities see the woman as a lesser being. Domestic violence reflected in sexual and gender based crises like rape, assault, battery, deprivation, abuse and discrimination at work place are some of the harsh realities of 21st century Africa. In every sphere of society, new strategies have been evolved by gender right activist in combating societal ill.
This interest has culminated in the emergence of numerous global strategies geared towards women empowerment and emancipation. Examples of such strategies are; The Strategies
Vienna Declaration Programme and Action; Nairobi Forward looking Strategies for the Advancement of Women, ICPD Programme of Action; the Beijing Conference etc.
The global feminist interest has also given birth to a catalogue of international and national instruments, aimed at protecting and promoting the rights of women. The instruments in question include; Convention on the Elimination of All Forms of Discrimination Against Women (1979), Declaration on the Protection of Women and Children in Emergency and Armed Conflict (1974); Optional Protocol to the Convention on the Elimination of Discrimination Against Women (20000; African Charter on Human and Peoples Rights (1986) etc.
These legal instruments unanimously affirm that all human beings are born free and equal in dignity and rights without any distinction of any kind. They recognize the fact that discrimination against women is incompatible with human dignity and with the welfare of the family and of the society
The CEDAW for instance, in Article 2, inter-alia, urged state parties to undertake:
- To embody the principles of the equality of men and women in their national constitutions;
- To adopt appropriate legislative and other measures, including sanctions where appropriate, prohibiting al discriminations against women;
- To establish legal protection of the rights of women on equal basis with men and to ensure through competent national tribunal and other public institutions, the effective protection of women against any act of discrimination.
- To refrain from engaging in any act or practice of discriminating against women and to
Ensure the public authorities shall act in conformity with this obligation.
- To take all appropriate measures to eliminate discriminations against women by any person, organization or enterprise.
- To take all the appropriate measures to eliminate discriminations against women by any person, organization or enterprise.
- To repeal all national provisions with the constitute discrimination against women.
Globally, significant strides have been made by many countries including Nigeria towards advancing the cause of gender equality in line with CEDWA demand. The responses from individual government have been encouraging. The ranges of actions taken include integrating gender equality concerns into national programmes and plan of action, including the creation of national structures to enhance women participation in development efforts. Many countries have also taken giant strides towards improving women access to education, employment and productive resources; all these efforts target the hitherto observed wide yearning gender gaps in many countries of the world.
Nigeria for instance has since enacted the Violence against Persons (Prohibition) Act 2015 eliminating violence in private and public life as well as prohibiting all forms of violence against persons and to providing maximum protection and effective remedies for victims and punishment of offenders.
The court in Nigeria has equally added weight to this legislations by invoking the constitutional provision of section 42 of the Constitution of the Federal Republic of Nigeria 1999 as amended as well as other relevant international Conventions in the case of DAPAAH &ANOR V STELLA AYAM ODEY (2019)16 ACELR 154 in which the Plaintiff/ Respondent (Stella Ayam Odey) a woman engaged as Programme Manager, Entrepreneurship and Gender Equality of the 2nd Appellant Incorporated Trustees of Cuso International), was given a fixed term employment contract and conditions of service which included over sea staff handbook containing prevention of work place harassment policy. She severally rebuffed in the course of her employment 1st Appellant’s (Ferdinand Dapaah) sexual advances, passes and explicit sexual overtures. The 1st Appellant got more infuriated with Stella when Stella finally showed him her wedding invitation card. Four days later, he asked her to resign. Stella refused, fourteen days later he terminated her employment.
The court of first instance, being the National Industrial Court of Nigeria Calabar Division, presided by Hon. Justice E. N Agbakoba, relying on the Convention on the Elimination of Discrimination Against Women, which prohibits discriminations against women by any person, organization or enterprise in favour of Stella. It was ruled that there was discrimination and sexual harassment on Stella and consequently granted the Plaintiff/ Respondent’s reliefs which include that her termination by the 2nd Defendant is contrary to the terms and conditions of service; that the victimization, sexual harassment and subsequent termination of employment because she turned down sexual advances and overtures of the 1st Defendant is malicious, unlawful and unconstitutional. Exemplary damages of N700, 000,000.00 (Seven Hundred Million Naira) and N16, 862,511.00, for wrongful termination of employment. The court awarded damages in favour of Stella against the Appellant. Dissatisfied with the judgment, the Appellant approached the Court of Appeal, Calabar Division, where the Court of Appeal upheld the judgment of the Calabar division of the NICN.
The pronouncement by the Federal Court of Appeal has further added credence to the ongoing advocacy by Gender Right Activists that discrimination against women in work place constitutes a civil and criminal wrong, where the offender is liable to pay damages to the victim.
Similarly Section 14 (1) of Violence against Persons Prohibition Act further provides that any person who causes emotional, verbal and psychological abuse on another commits an offence and is liable on conviction to imprisonment for a term not exceeding one year or to fine not exceeding N200, 000.00 or both (fine and imprisonment). Any person who attempts to commit the act of violence of emotional, verbal and psychological abuse is also guilty of an offence and is liable on conviction to imprisonment for a term not exceeding six months or to fine not exceeding N100, 000.00 or both (fine and imprisonment). Any person who incites, aids, abets, or counsels another person to commit the act of violence is liable on conviction to imprisonment for a term not exceeding six months or to a fine, not exceeding N100, 000.00 or both (fine and imprisonment).
In an era of modern civilization, the women should be treated with dignity. A woman is a mother, a sister and daughter, not some modern slave as is conceived by barbarians. It is high time we started massive campaigns against women dehumanization. This way, it is my conviction that gender based violence will be contained, to the barest minimum, if not totally eradicated.
