Ending the Conspiracy of Silence against Sexual and Gender-Based Violence (SGBV)
Joseph Mtemdoo Gbagyo
Lawyer/Publisher
HeforShe Advocate
07076986696(SMS ONLY)
Sexual and Gender-Based Violence (SGBV) is a menace that has penetrated deeply into the fabrics of our society and fueled by the culture of silence which is often viewed as a conspiracy. Mostly affected are women and children especially young girls and boys being a vulnerable group not spared by this carnage act of mans inhumanity against humanity.
A close examination of the concept of Sexual and Gender-Based Violence (SGBV) according to UNHCR entails that SGBV is violence committed against a person because of his or her sex or gender. It is forcing another person to do something against his or her will through violence, coercion, threats, deception, cultural expectations, or economic means. Although the majority of victims and survivors of SGBV are girls and women, boys and men can also be harmed by SGBV.
It is experienced in the form of physical abuse, rape and other forms of sexual assault, sexual exploitation, child marriage, Female Genital Cutting or Female Genital Mutilation (FGC/M), emotional abuse in form of neglect, etc. More often than not, these inhuman acts are perpetrated by persons close to the victims, who the victim generally trust; mostly family members, close friends or even colleagues at work place.
Research from fieldwork and interactions particularly in the internally displaced peoples’ camps and projects like stakeholders dialogue on strengthening communities-in-emergencies to address sexual based violence against Girls in Benue State implemented by Sexual Offences Awareness and Response Initiative (SOAR), with support from UN Trust Fund to End Violence Against Women identify poverty as a major push and pull factor for SGBV. The dialogue suggest that harmful practices like child marriages, child labour, rape increase due to poverty which has raged most families. Other factors identified includes conflict which led to displacement of many homes and pushed many families to seek refuge in Internally displaced Peoples’ Camps (IDPs). Benue State being one of the most affected State in the North Central Nigeria, for the past ten years has been under perrenial attacks as a result of Farmer/Herders crisis which has affected more than ten out of the twenty-three Local Government Areas in Benue State.
Similarly, stress in the home occasioned by loss of means of livelihood is another trigger that has bred more provocation in homes and communities especially among men, due to increased psyco-social effect of loss of means of livelihood and often time Children and women are at the receiving end of this dastardly act of violence on them, due to accumulated provocation.
There are many international treaties like the United Nations Convention on the Rights of the Child which is an important agreement by countries who have promised to protect children’s rights. The Convention also defines the human rights of children and the correlated obligations of states. It provides also for obligations of parents and caregivers, public authorities, private service providers and the private sector.
Similarly, the UN Refugee Convention and its Protocol regulates the right of persons to seek international protection. Children under this convention enjoy special safeguards and have a right to have asylum application examined individually. Child-specific grounds of persecution need to be considered irrespective of whether the child applies alone or together with a parent or caregiver.
There are also other continental legal instruments that define State Party obligations. For instance, Article 6(b) of the Protocol to the African Charter on Human and Peoples’ Rights on the Rights of Women in Africa (Maputo Protocol) and Article 21(2) of the African Charter on the Rights and Welfare of the Child. These regional legal instruments according to African Union expounds the underlying principles of interpretation that serve as a lens through which the relevant provisions of the aforementioned instruments should be understood. It further describes legislative, institutional and other measures that should be taken by State Parties, to give effect to the prohibition of child marriage and to protect the rights of those at risk or affected by child marriage.
Nigeria being a signatory to these treaties and pursuant to Section 12 of the Constitution of the Federal Republic of Nigeria 1999 (as amended) has also enacted laws against sexual and gender-based violence. Some of these laws are quite progressive; the Child Right Act 2003, which has been domesticated by twenty eight States in Nigeria including Benue State, Violence Against Persons Prohibition Act, 2015 (VAPPA), Administration of Criminal Justice Act 2015, (ACJL), Cyber Crime Act 2015, to name a few. These laws provide clear provisions prohibiting inter alia acts of violence and abuse against persons especially children and women in any form and providing protection for victims of the said acts.
Unfortunately, in the face of the numerous legislation, there has been an overwhelming conspiracy by perpetrators and the society to silence the dastardly act when committed, and perpetrators in the face of availability of these legal instrument often time escaped justice. Sadly, again many Africa Societies inclining to cultural norms that criminal acts committed against their supposed love ones should not be brought to the public maybe for fear of stigmatization or just to cover up to enable the perpetrator escape justice. The huge conspiracy of Silence can better be imagined than being told. However, the only solution to this is to give life to laws enacted by the legislature as well as expose to people the availability of laws criminalising SGBV by way of reporting cases of SGBV to law enforcement agency as well as raising and sustaining the bar of advocacy and sensitisation. Similarly, if children and women are unaware of the laws protecting them, and the need to speak out when such violence are committed against them, and how to seek redress, they will not be able to seek justice hence the need for Civil Society, government and stakeholders partnership and collaboration to break this culture of conspiracy of silence.
In an article titled culture-silence-surrounding-sexual-and-gender-based-violence-gambia available on https://www.voicesofyouth.org/blog/, laws no matter how progressive and well-written remain a dead letter if they are not enforced, or their existence made known to the general public. Enforcing law is an important factor as it deterred perpetrators and put them in check through punishment, deterrence and restitution.
Coming to the gist of this article, the culture of silence in our Nigerian society especially in rural communities and even urban areas is extremely alarming. We have seen and heard stories of children and women who are physically, sexually and even emotionally abused by either their parents/guardians or caregivers, neighbours, relatives, teachers etc. Young girls forcefully married off at teenage ages and subjected to abuse of neglect. Many young girls in some communities where Female Genital Cuttings/Mutilation FGC/M is being practiced have been forcefully cut in an unhealthy and unhygienic manner yet they are coarsed not to speak in the name of family members only fulfilling cultural practice.
In all of these circumstances, barely anyone get reported to the law enforcement agents like the Police. Often time, when such issues are reported, the cases are quickly withdrawn or swept under the carpet by collaborators, because society will frown upon anyone who summon the courage to report any of these abuses as the old saying goes “you should not wash your dirty linen in public.” Very painful and heartbreaking, many African Societies, Nigeria inclusive and Benue in particular, tend to blame the victims of SGBV, particularly sexual offences like rape. In many instances, society especially rape cases, force silence on victims using the iron hand of intimidation and sending threat of stigmatisation.
In many African societies, if a child accuses a relative or her teacher of rape, she is often time intimidated, shamed and even called a liar and question why she is trying to destroy the reputation of the teacher who is the perpetrator and why attempt to spoil the family name. In the case of child marriage for instance, it is seen as the family of the child’s decision and not the business of anybody and even if certain members of the society realise what is being done is contrary to law, the general belief is that it is the business of the family and anybody attempting to protect the wishes of the child by involving the law enforcement or security agencies, is seen as a meddlesome interloper (busy body) in what is perceived as a family business.
Nevertheless, the law enforcement officers whose role in the society of protecting lives and property cannot be overemphasized, more often than not carry these stereotype and dogmatic views of society and this becomes a problem for enforcement of the laws against sexual and gender-based violence. For example, a victim of rape might be subjected to judgmental opinion of law enforcement officials, victims of child marriage and physical abuse can be told their problem is a “family matter” and should be settled at home not at the police station or any other law enforcement office.
Finally, Nigeria as a country has adequate laws both at the national and state levels, to tackle sexual and gender-based violence, what we need to do is to overcome the culture and conspiracy of silencing abuses and shielding perpetrators, which does nothing but encourage perpetrators to continue abusing innocent victims. Civil Society Organizations (CSOs), international organizations, Government, Media Organizations like earlier stated must continue to sustain the bar of advocacy and sensitization especially in our rural communities on the importance of reporting and speaking up against Sexual and Gender Based Violence of any form. This should be done with the Government sitting in the driver’s seat for effective coordination of the knowledge diffusion process.
Likewise, the law enforcement agency like the Police, Nigeria Security and Civil Defence Corps (NSCDC), Nigeria Immigration Service (NIS), National Agency For the Prohibition of Trafficking in Persons (NAPTIP), Nigeria Customs Service (NCS), Nigerian Correctional Service, Government Ministries and Departments like the Ministry of Justice at the Federal and State levels and the Judiciary that are the first point of contact to the victims’ quest for justice, must also work in collaboration for accelerated justice delivery and restitution to victims of SGBV. Government must, as a matter of fact provide budgetary allocation for smooth operations of family courts. In the same way Government at both State and Federal levels must as a matter of priority, open sex offenders register as a way of proper documentation of sex offenders in the state.
Members of the public are to note that the cycle of never ending Sexual and Gender Based Violence against women and children will only end if laws put in place are implemented or enforced. The only way laws will enjoy the spirit of life is when victims and society at large overcome the conspiracy of silence by speaking up and reporting violators of the laws and norms to law enforcement agencies, for prosecution and restitution.
