In a recent call to action, experts have urged the Nigerian government to refrain from repealing the Violence Against PersonsProhibition (VAPP) Act. Instead, they recommend that the legislation be amended to enhance protections for women and girls against all forms of violence.
The VAPP Act, which aims to address and prevent violence in various forms, is seen as a crucial framework for safeguarding vulnerable populations. Advocates have underscored the importance of strengthening the Act to ensure comprehensive protection and support for victims, highlighting the ongoing challenges faced by women and girls in Nigeria.
The Violence Against Persons Prohibition(VAPP) Act, signed into law by former President Goodluck Jonathan in 2015, marks a significant turning point in Nigeria’s legal framework. This legislative measure criminalizes physical, sexual, and emotional abuse, including domestic violence, rape, female genital mutilation and child marriage.
This legal framework for the protection of women and girls was much needed in a country where according to a report titled ‘16 Facts About Violence Against Women and Girls in Nigeria,’ (supported by the UN, European Union, UNICEF and the Federal Ministry of Women Affairs), nearly one in three women aged 15-49 has experienced physical violence.
In such a scenario, the VAPP Act not only provided much-needed relief but was also the culmination of grassroots campaigns and protests led by change leaders. However, it took over seven years of intense efforts by progressive forces for the Act to be adopted by 34 states, with only two remaining.
In 2022 however, instead of progressing further, a regressive step was taken when Senator Jibrin Isah proposed a bill to repealthe VAPP Act. The argument was that the existing law had shortcomings and did notadequately address all necessary aspects. With the modified bill advancing to the Senate for a second reading, it is important to consider the potential consequences of this move. Apprehensions are rising among women leaders that the repeal could have negative implications. One of their primary concerns is that repealing the Act would remove existing protections, whereas amending it would allow for necessary changes or improvements.
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Several progressive groups, including Nguvu Nigeria and the Malala Fund, have already advocated for the protection of the Act. Strongly opposing the repeal, representatives of Nguvu stated that this would undermine efforts to protect women and girls from violence and threaten their right to education. They also questioned why the Act should be repealed when provisions for amendment exist. Amending the Act can strengthen it, but repealing it would strip away the protections VAPP has provided.
Though the implementation of the Actleaves a lot to be desired, the VAPP shouldremain untouched as it generates hope for a safer future. This hope is crucial considering the increasing incidents of crimes againstwomen.
According to the Nigerian Demographic and Health Survey (NDHS), nine per cent of women aged 15 to 49 have suffered sexual assault at least once, and 31 percent have experienced physical violence. Similarly, the National Bureau of Statistics (NBS) has reported that 30 percent of Nigerian women have faced intimate partner violence, while over 20 percent of children have experienced abuse in various forms.
An online petition filed by a young change leader, Priye Diri, describes how the VAPP Act has been a lifeline for women and other vulnerable people in Nigeria for the last nine years. The greatest advantage she mentioned is that it provides GBV survivors with a legal framework to seek redress, while also encouraging more women to report their cases to the authorities. The Actwas also instrumental in the establishment of sexual assault referral centres, protective shelters, and support services that give women the confidence to stand firmly against gender violence. Priye Diri, along with many other women, fears that repealing the VAPP Act would undo all the progress made toward gender justice and create loopholes that perpetrators could exploit.
Senator Isah argues that the Act, in its current form, is not sufficiently comprehensive and requires substantial revisions to serve its purpose better. Isah also believes that the repeal will bring about a holistic reform to the existing provisions, aligning it with societal changes and drafting standards for the effective dispensation of justice.
Though those presenting counter arguments against the Bill did not question his intentions, their concerns centre on the methodology, they argue that repealing the Act instead of amending it could be detrimental to the women he aims to help. They also cite delays in passing Bills by the Parliament. Moreover, implementing a new law across all 36 states would require extensive efforts to overcome hurdles, including deep-seated patriarchal beliefs, raising awareness about the new laws, and training law enforcement personnel and judicial officials on its provisions. This would be like starting from scratch again. Meanwhile, without the VAPP Act, victims of gender-based violence would remain unprotected, while perpetrators could evade legal consequences.
Hence, any move to remove the protective provisions of the VAPP Act, even temporarily, could undermine the progress Nigeria has achieved. The general consensus is that since such legislations are designed to protect the most vulnerable and create a more just and gender-equal society, amending the Act would be a better option than repealing it.
