‘Turin, Italy Has Over 3,000 Nigerian Prostitutes’
Nigeria’s ranking on the global human trafficking index, is high. Efforts over the past few years, to stem the ugly tide of movement of Nigerian youths to Europe, have yielded unimpressive results. Some of the reasons for this, are several intertwining factors, including poverty, unemployment, gender inequalities, discrimination, corruption, sectarian conflicts, porous borders, the declining economy, cultural and social norms, including fetish practices of oath swearing at shrines or those administered by native doctors to ensure secrecy and instill fear on trafficked persons not to expose their traffickers, and to ensure their full compliance to the illegal contracts they have entered into with their traffickers. Professor Joy Ngozi Ezeilo remains undaunted in her fight, to see that Nigeria gets out of this ugly malaise. The former United Nations Special Rapporteur on Human Trafficking, narrated to Onikepo Braithwaite and
Jude Igbanoi, her experience traversing over 100 countries, in the quest to eliminate the inhuman practice. She also shared her thoughts on the plight of women in the Nigerian society, including the dangers of female genital mutilation, and why Nigeria needs to urgently address the worrisome trend of rising sexual harassment in the nation’s tertiary institutions
Prof , you have been called a feminist. What does your being a feminist entail? Is it connected to the things that the NGO which you founded, Women Aid Collective (WACOL) does? Despite the fact that WACOL made a huge impact at inception, it has made serious efforts to expand beyond the Eastern part of Nigeria. What are the challenges?
Yes, and I have no problem being called a feminist or describing myself as one, based on my proper understanding of what feminism stands for; not the pejorative or misinformed misconceptions about that term particularly by misogynists. However, I have multiple identities beyond just being a feminist that importantly interleave, to make me a total person. Some of those attributes I was born into, some have been influenced by my environment, and others by deliberate choice, based on my world view and transformational ideas. For example, I am a woman, Lawyer, law teacher, activist, scholar, feminist, proudly an Igbo woman, a Nigerian, a wife, mother, and a global citizen. In fact, being called a feminist, resonates with my core values of respect for equal worth of all human beings, commitment to advancing human rights, gender equality and empowerment of women and children, especially the girl child. I am not just fighting for women, I am fighting for the oppressed, the voiceless and doing my best to uplift and bring succour to those in especially difficult circumstances.
As the United Nations Special Rapporteur on Trafficking in Persons (Human Trafficking), I worked around the world to bring focus to trafficked persons and their plights, and to mobilise the UN Member States to act to combat and prevent human trafficking. I was actively involved in the pro- democracy movement to end military rule, and remain active in civil society movement, to sustain and deepen our democracy and engender inclusive governance and development.
Women Aid Collective (WACOL) was established as an independent, charitable organisation, that is non-political, non-governmental and non- profit making. The formation of WACOL, was borne out of a burning desire for freedom, equality and justice. WACOL’s vision, is a democratic society free from violence and abuse, where human rights of all, in particular, women and young people, are recognised in law and practice. Its mission is to assist in the education, social, economic and political development of women and young people, through a wide range of services: training, research, advocacy, shelter, free legal and financial aid, intra-familial conflict resolution, and information and library services. The idea of WACOL came in 1997, but it took off fully with an office in Enugu in 1998. Today WACOL is a household name not just in the Eastern region, but nationally and internationally.
WACOL has established itself, as a credible and committed organisation, whose work is well recognised beyond the shores of Nigeria. It has an observer status with the African Union, African Commission on Human Rights since 2001, and it also has an NGO Special Consultative status with the United Nations, approved in 2010 by ECOSOC. I feel really privileged to have founded such a formidable organisation, that can now boast of institutional capacity for sustainable work in the field of advancing human rights, gender equality, democracy and good governance.
WACOL, since inception, has offered legal assistance to victims of abuse and human rights violations. We provide free legal services for women and young people, in our legal clinics across the country. The services available under the legal aid scheme include, court representation, crisis intervention and counselling, information about victim’s rights, shelter, home visits and other psycho-social support for victims, referrals for other needs. In 2002, WACOL built its own ultra-modern shelter (safe house) ,where women and girl victims of sexual and gender based violence can stay at the peak of crisis, as part of recovery, redress and reintegration efforts.
To date, WACOL has provided legal aid services, to over 55,000 women and children in need. In fact, every year
“....I HAVE NO PROBLEM BEING CALLED FEMINIST OR DESCRIBING MYSELF AS BASED ON MY PROPER UNDERSTANDING OF WHAT FEMINISM STANDS FOR, NOT THE PEJORATIVE OR MISINFORMED MISCONCEPTIONS ABOUT THAT TERM, PARTICULARLY BY MISOGYNISTS”
it gets on the average about 3000 cases. As a charitable organisation, WACOL has continued the free legal services to women and children, and also promoting awareness on human rights, through public interest litigation, production of legal literacy series, paralegal training and community outreach workshops, production of radio and television dramas amongst others.
In 2014, through my initiative WACOL founded and managed Tamar Sexual Assault and Referral Centre, with technical and financial support from the then Justice for All Programme (J4A), Programme of the Department for International Development (DFID). The Centre is a gender justice responsive project, set up to provide holistic and high quality free medical and psychosocial services, to victims and survivors of sexual assault in Enugu State. It has provided direct integrated assistance to about 650 victims/survivors, between 2014 and 2017.
Furthermore, WACOL is promoting domestic implementation of international human rights law and access to justice; It organises workshops and sensitisation trainings for administrators of justice, including police, prosecutors, judges, magistrates, sharia and customary courts officials. It engages in advocacy for law reform, to benefit the disadvantaged, including women, children and persons with disability. Other areas of work include: promoting popular participation in governance, including civic education and holding elected officials to account; election monitoring since inception of democracy, and training of election monitors, engagement with political parties, including INEC and SIEC; gender mainstreaming in political, economic, cultural and social spheres; Enhancing women’s capacity to run and win elections; and conducting leadership and peer education training for young people.
WACOL, in addition, is the Zonal Coordinator, Women Political Empowerment Office, Owerri, Imo State; Secretariat for South East Human Rights Situation Room; Zonal Coordinator of Gender and Constitutional Advocacy Network (GECORN); Secretariat, South East Women’s Network (SEWNET); Secretariat, West African Women’s Rights Coalition (WAWORC); Secretariat, Network for Women Living Under Religious and Customary Laws (NPWRIS); Secretariat, Partners for Peace Advocacy and Good Governance; Secretariat, NGO CEDAW Coalition, amongst others.
Regarding challenges, I would note that WACOL mandate has increased, based on high demands for its services, especially free legal aid services. However, funding environment in general, has hampered work, and this is almost a global trend, as funding is shrinking in general for human rights and development work. This is partly caused by global economic recession, and also location. Nigeria is not a priority, for most donors and international development agencies. The hydra-headed problem of corruption in Nigeria coupled with security challenges, contribute to the declining opportunities for civil society organisations, especially NGOs. Again and importantly, when it comes to services, there are few donors that want to take the plunge. So, we have created ways to ensure that our free legal aid survives, and continues to make a difference in peoples’ lives, with or without external funding. We rely a lot on Pro bono Lawyers and our in-house Lawyers, to a lot of work attending to an average of 20 clients a day- Monday to Friday.
It is a tough job to do, and we mediate at different levels to resolve particularly, intra-familial conflicts. Human and financial resources has continued to pose a challenge, including political, economic uncertainties, public expectations, victims of human rights violations’ expectations that WACOL can solve all their problems. We try our best, to manage these expectations, deliver to our immediate constituency- women and girls in Nigeria; and keep re-tooling our strategies, to achieve our mandate in aforementioned areas.
In spite of the efforts of State Governments, and with the assistance of the Federal Government, trafficking in women and children has continued to be on the rise. The most worrisome aspect of it, is the trafficking of women to Europe, to be commercial sex workers. As a United Nations Special Rapporteur on Trafficking, what was your experience? What would you say are the reasons for the rise? How can this scourge be eradicated? Do you think that the Nigerian Government is doing enough to tackle this problem?
In my work as the United Nations Special Rapporteur (2008 – 2014) with the thematic focus on trafficking in persons, I knew from my global work and travels to over one hundred countries, that Nigeria occupies an unenviable status in the comity of nations, as far as human trafficking is concerned. For example, during my mission to Italy, I found in one Italian city of Turin, that they have over 3000 Nigerian girls forced into prostitution, by those who have trafficked them into the sex industry. They openly hawk sex, and the mafias involved in this shameful trade, were Nigerians. In fact, in 2013 when I carried out that country visit, seven Nigerian girls, victims of sex trafficking were murdered, when they tried to escape from sexual slavery and exploitation.
I can tell you that, until I assumed that mandate in 2008, I did not know that the number of those affected, was this huge. Also, the negative impact on Nigeria as a nation, is unquantifiable.
It was an embarrassing situation for me, and I automatically became in addition to my global mandate assigned by United Nations, an unofficial - Ambassador Extraordinary - for Nigeria, because wherever I go, on realisation of my nationality, the country will start presenting cases of Nigerians who are in irregular situations, as migrants and/ or trafficked persons. I went to detention camps in all the country missions conducted on behalf of UN, and it was appalling, the number of Nigerians in migrant detention centres.
Although, Nigeria is primarily a source country, it is also a transit and destination for neighbouring countries in the West African sub-region, namely Benin Republic and Togo. Of serious concern, however, is the persistent rise in cases of human trafficking, despite successful prosecution of some traffickers by the Government Agency- NAPTIP, that is charged with the responsibility to combat human trafficking. Nigerians, especially women and girls, are victims/survivors of all forms of trafficking.
Recently, the international community was abashed with terrible news on irregular migration and human trafficking, involving Nigerians. In 2017, the bodies of 26 young Nigerian women and girls (aged between 14 and 18), were retrieved from the Mediterranean Sea by rescue workers aboard the Spanish ship Cantabria in the harbour of Salerno, Italy. These 26 young women from Nigeria, who were said to have been sex trafficking victims, died as they were trying to reach the Italian coast. Furthermore, as shown in a video footage report published by the Cable News Network (CNN), stranded Nigerians and migrants of other nationals in Libya, are in a dire situation, as smugglers now auction them for sale as slaves in the North African country for as low as $400 (N144,000). Unfortunately, many irregular migrants and victims of human trafficking from Nigeria, have met their untimely deaths, in search of the ‘Golden Fleece’ in favoured destination countries of Western Europe.
There are several intertwining factors, that cause or fuel trafficking in Nigeria, and they include poverty, unemployment, gender inequalities, discrimination, corruption, sectarian conflicts, porous borders, the declining economy, cultural and social norms, including fetish practices of oath swearing at shrines or those administered by native doctors, to ensure secrecy and instill fear in trafficked persons not to expose their traffickers, and to ensure their full compliance to the illegal contracts they have entered into, with their traffickers/smugglers.
It is pertinent to be aware that, although trafficking affects women, men, boys and girls, however, there is a consensus that trafficking disproportionately affects women, and constitutes a form of violence. The root causes of violence against women, are similar to the root causes of trafficking in persons, especially women and children. There is a long- standing failure, to protect women from gender-based violence in Nigeria. This is a pointer to the need to address economic, social and cultural issues particularly, gender inequalities that cause gender based-violence, and make women and girls vulnerable, in order to effectively combat trafficking. In fact, gender inequalities, discrimination, gender-based violence, especially of women and girls; including the prevailing cultural and social frameworks, all work to increase women’s vulnerability to trafficking. The problem of human trafficking in Nigeria, also touches on areas such as corruption and good governance, which results in the feeling of hopelessness and the desperation to leave Nigeria by all means, amongst the most at risk groups, especially young men and women.
Prevention has been the weakest link, in the efforts by State and non-State actors working to stop human trafficking and irregular migration flow. There has been low involvement of communities most affected by this phenomenon, which in the case of Nigeria, revolves mainly (but not exclusively) around Edo and Delta States, with at least 80 per cent of all trafficked persons coming from Edo State.
I am very impressed with Edo State Government action at the moment, to deal squarely with this ugly phenomenon. The Governor has shown serious leadership, and has set up a task force headed by the Attorney- General and Commissioner for Justice, who is a colleague Professor of Law – Yinka Omorogbe. I have interacted with their team - Edo State Taskforce Against Human Trafficking (ETAHT), and I know that in no distant time, I can confidently say Nigerians and the world, will see the positive impact of the work of the Government of Edo State, with their partners.
I have always admired the work of NAPTIP, although I believe there is room for improvement. The problem is no longer absence of laws, as we have the best of legal
“I WENT TO DETENTION CAMPS IN ALL THE COUNTRY MISSIONS CONDUCTED ON BEHALF OF UN, AND IT WAS APPALLING, THE NUMBER OF NIGERIANS IN MIGRANT DETENTION CENTRES”
framework to combat, prevent, protect and assist victims of trafficking in persons. However, beyond the law, the Federal Government is urged to do more, especially in fast tracking development that will foster economic opportunities, to reduce unsafe migration that will result in decrease in human trafficking. Nigeria needs to pay attention to implementation of policies and programmes, that will aid realisation of sustainable development goals, addressing in particular, youth unemployment, inequalities, social and economic exclusion, including gender discrimination and violence. There should be migrant information centres, early warning systems, and deliberate engagement with communities, influential or gatekeepers like the traditional and religious leaders, to be at the forefront of the fight to stop human trafficking, a modern day slavery that shames humanity.
My successor at the UN- the current mandate holder, Maria Grazia Giammarinaro from Italy, rightly noted as part of her preliminary findings contained in a press release “Prevention is key to anti-trafficking action. However, awareness-raising campaigns, information and sensitisation initiatives, cannot work alone. International donors should fund innovative and community-based projects, in areas in which recruitment for trafficking mainly takes place”.
I agree with her conclusion, that the Government must not only show political will, but must ensure adequate funding for anti-trafficking action.
Another worrisome dimension, is the trafficking of children to be domestic staff within Nigeria. Children are brought from villages in the hinterland, to work in the cities. We even recently saw a television programme, where it was the practice in that village, to actually sell the children to strangers, for all sorts of purposes. If Government has a problem dealing with trans-border trafficking, what about the ones that occur within our borders? What insights do you have into this malaise, and how it can be ended?
Unfortunately, internal trafficking is huge, especially of children, who end up being used as domestic help. However, what gets more media and public attention, is the international dimension. The growing poverty, is also aiding value erosion. I know as a fact that, children are valued as priceless in all cultures and across religious and ethnic divides in Nigeria, and the practice of selling children may be a fall out of economic hardship. Of course, there should be zero tolerance for child abuse, neglect and exploitation.
Although, we have laws to curb this menace of exploitative child labour, they are not effectively implemented, because most households particularly, the middle class, are implicated in the use of child labour. At WACOL, we have recorded a lot of heinous crimes committed against children, and have rescued and reunited thousands with their families. I believe that, family environment except in extreme cases, is the best place for the upbringing of a balanced child. Children sold into servitude, are being exposed to torture, extreme cruelty and degrading treatment, including physical and emotional harm that are meted out daily to helpless and harmless children, because of circumstances of their birth and existing inequalities. Child labour becomes exploitative, when it threatens the physical, mental, emotional or social development of the child.
We need urgent domestication of the Child Rights Act across the entire 36 States in Nigeria. About two-thirds of the country, including FCT, have existing Child Rights Laws. The remaining States of the Federation should follow suit, in the overriding best interests of the child and the nation. Because, how you treat this future generation who will grow to rule this country, is important. Otherwise, we continue to perpetuate crossgenerational abuses. The extant laws should be implemented, and those engaging children beyond the extent permitted by the Labour law, should be prosecuted. There should be Family courts to handle with dispatch, some of these cases happening within domestic spaces. The labour law is overdue for an overhaul, to avoid beginning full time work at too early an age, working too long, inadequate remuneration, and engaging in work which causes excessive physical, psychological and social strain, making a child to assume excessive responsibility at too early an age. Children have the right to leisure, and that right is fundamental to their overall development and personality traits, including self esteem. A lot of children are abandoned, and many work and live on streets- leading to the street children phenomenon. All hands must be on deck, to stop the growing child abuse, neglect, and exploitation of all sorts.
It was on the news a few days ago, that 50 girls had to be hospitalised in Burkina Faso, after botched female circumcisions (female genital mutilation). Does this abominable act still occur in Nigeria too? How can this ugly tide be stemmed, throughout the African continent?
Yes, female circumcision or female genital cuttings, is still being practiced in some communities in Nigeria. It involves a number of traditional operations of cutting away parts of the female genitalia or causing other injury to the female genitals, whether for cultural, religious or non-therapeutic reasons.
Unfortunately, efforts to stem that practice has regressed, since the international awareness raising campaigns, waned. The purpose and practice of female circumcision, varies from community to community. The main justification is that, it is performed to curb female sexual desires, thereby checking promiscuity, which scientifically is contested. In fact, evidence has shown that, the complications and consequences of female circumcision are both immediate, life-long and life threatening, as we saw in the Burkina Faso genital cutting fiasco, that left 50 girls injured. Sometimes major blood vessels could be severed, causing severe bleeding that could lead to shock and death.
We need to revive and intensify continent-wide advocacy and action- social and legislative, to eradicate this practice given the health consequences. We cannot afford to wait for the Western world, to champion it. The African Union, ECOWAS and other parts of the sub- region, should immediately rise to the occasion, to prevent this practice from becoming prevalent, once more. In Nigeria, some States like Edo, Delta, Bayelsa, Cross River, have outlawed it, but the practice is still on going. There is no national law, that prohibits the practice. I think there is the Federal Ministry of Health policy framework, that too needs to be operationalised.
A few months ago, there were shocking revelations about the thriving slave trade in Libya. Many Nigerians were victims, and had to be rescued by Government. How is it that Libya was able to get away with such an atrocity, in the 21st century? Have there been any international sanctions against Libya?
Libya as a country, is caught in the conundrum, given its geographical location, just like Italy and Spain are at the receiving end of irregular migrants and trafficked persons. The fact that Libya is now a fragile State following the forced exit of Ghadaffi, has contributed to the escalating situation of trading in human beings- modern day slavery. What is happening in Libya, exposes the mutual vulnerabilities of people and nation- states. Human trafficking and smuggling, know no borders, and no one country can fight it alone. Even the Government, cannot tackle the problem alone.
The Libya situation, is a world crisis, and the world led by the UN, should swing into action to find a solution. It is not just the Nigerian Government’s problem, even though I think they have unfair share of the burden, given available statistical information. I do not think international sanctions against Libya, will help. It is already a fragmented and weakened State, and that in itself, is constraining. They need help. Of course, Libya is not blameless, and must be called to account as a sovereign nation state, but you will be surprised to find that, it is the migrants, including Nigerians and other Africans, that are aiding and abetting the slave dealings.
The Supreme Court of Nigeria, recently gave a landmark judgement, on the rights of inheritance of women in the Igbo society. You pioneered the course ‘Women, Children and the Law’ in Nigeria. As a woman, also of Igbo extraction, what is your appraisal of that judgement, and the likelihood that it will be complied with, given the fact that people still practice the ‘Osu’ caste system, even though it has been abolished by law?
Of course, I pioneered the teaching of women, children and the law at the University of Nigeria, making our Faculty the first to do so. We worked to ensure its inclusion in the NUC Curriculum, and I have since 1997, taught that course. Today, I have colleagues, including my former students, teaching the course with me. The course affords us the opportunity to teach and learn human rights specific to women and children, highlights discrimination in law and practice, including follow up on laws, policies and judicial decisions relevant to women and children in Nigeria. I am happy to see students who offered the course, engaged actively as advocates, legal practitioners, and involved in international development and human rights work.
The Supreme Court decision on inheritance of women in Igboland, is a welcome development. In fact, the previous Supreme Court cases before 2004, were not favourable to women’s right to inheritance,
“OF COURSE, THERE SHOULD BE ZERO TOLERANCE FOR CHILD ABUSE, NEGLECT AND EXPLOITATION”
especially under customary law. The cases of Nzekwu v Nzekwu and Nezianya v Okagbue, maintained that the interest of a widow in the deceased husband’s estate is possessory and not proprietary, and the widow cannot by effluxion of time, claim the property as her own. The Supreme Court even went further in Nzekwu’s case, to say that although a widow has a right to occupy the husband’s building or part of it, but such occupation and use must be subject to good behaviour.
Those cases were scandalous, and I was afraid when we got the first major judgement in favour of women’s inheritance right in 1997, that it might be overturned by the Supreme Court. The case in question was the case of Mojekwu v Mojekwu, where the Court of Appeal per the late Hon. Justice Niki Tobi, found for a woman’s right to inheritance under Igbo customary law, which notoriously discriminated against the female gender, whether as a wife or daughter. In the same vein Uke v Iro, decided by the Court of Appeal Port Harcourt Division, recognised the right of a woman to inheritance. The lead judgement read by late Justice Pats-Acholonu, held that disinheritance of women should be consigned to dustbin of history.
The Mojekwu case, changed the tide, with respect to women’s right to land and to inherit property from the estate of their deceased husband or father. But, being a Court of Appeal decision, it was challenged up to the Supreme Court. It narrowly escaped being hacked down in 2004, and the decision by Niki Tobi, who by the time of the appeal was heard, had been elevated to the Supreme Court was criticised in effect by his co-Justices. In fact, the Supreme Court upheld the judgement on a different ground, that under the extant kola tenancy, both male and female have a right to inherit any property left behind by the deceased father. However, it observed that there was no justification for the court below, to pronounce that the Nnewi native custom of “oli- ekpe”, which discriminates against women in inheritance, was repugnant to natural justice, equity and good conscience. 2004 was a missed opportunity for the Supreme Court to do gender justice to an age long discrimination against women.
It took another decade, before the Supreme Court reversed itself, in the landmark case of Ukeje v Ukeje (2014). It held Per Rhodes- Vivour, JSC that: “No matter the circumstances of the birth of a female child, such a child is entitled to all inheritance from her late father’s estate. Consequently, the Igbo customary law which disentitles a female child from partaking in the sharing of her deceased father’s estate, is in breach of Section 42 (1) and (2) of the Constitution, a fundamental rights provision guaranteed to every Nigerian”.
There is still a host of discrimination in practice, notwithstanding laws that may have abolished such discrimination. This is the case, with regard to the Osu Caste system in Nigeria. I am aware of the traditional caste system in Nigeria, where some people are considered “Outcastes” and others are considered “freeborn”, for example the so called “Osu” in Igboland. The practice although abolished by law in the 1952, still persists, unfortunately posing a challenge to our collective quest for freedom and equality. As the philosopher, Jean-Jacques Rousseau said "Man is born free, and everywhere, he is in chains. In my upcoming inaugural lecture (October 11, 2018) at the University of Nigeria, Enugu Campus, I will be discussing some of these issue in my presentation titled: ‘Are We Born Free and Equal? Law, Justice and Human Rights in Nigeria’.
The Violence Against Persons (Prohibition) Act 2015, took a considerable amount of time to be passed. Now that it has come into effect, how do we ensure that, like other good laws, it becomes domesticated in all the States?
Advocacy for the passage of the Violence Against Persons Prohibition Act, 2015 (VAPPA), started earnestly in 2001, with the first Bill on the matter, and it took more than a decade to come to fruition. For some of us who were deeply involved, it was both frustrating and disheartening, until it was finally passed and signed into Law, in the twilight days of the last administration of then President Dr. Goodluck Jonathan.
The act commendably covers most of the prevalent forms of violence, that could be categorised into: physical violence; sexual violence; psychological violence; domestic and harmful traditional practices, discrimination against persons, and to provide maximum protection and effective remedies for victims, and punishment of offenders.
The VAPPA comprehensively dealt with one of the most vexed forms of sexual violence – rape, which under existing penal laws, protects only females, and is limited to vaginal penetration. It has expanded the scope of rape to protect males, and to include anal and oral sex, as well as protect the identity of rape victims.
The VAPPA provides a legislative and legal framework, for the prevention of all forms of violence against vulnerable persons, especially women and girls. The law also prohibits forced financial dependence or economic abuse, forced isolation and separation from family and friends, substance attack, depriving persons of their liberty, incest, indecent exposure, among others. It also intends to eliminate violence in private and public life, and provide maximum protection and effective remedies for victims of violence, and punishment of offenders. It prohibits inflicting physical injury on a person (Section 2), female circumcision or genital mutilation (Section 6), forceful ejection from home, and harmful widowhood practices. It prohibits abandonment of spouse, children and other dependents, without sustenance, battery.
Other offences punishable under the Act include, emotional, verbal and psychological abuse, harmful widowhood practices, spousal/partner battery, political violence, and violence by State Actors.
An important innovation in this Act, is the availability of protection orders for victims or potential victims of domestic violence. The scheme of protection is available ex-parte, primarily for interim orders, but may be granted in substance where the Judge is convinced after hearing the parties, that there is a likelihood that the Respondent will persist in the acts of violence, against the Complainant.
According to Section 38, “Every victim is entitled to receive the necessary materials, comprehensive medical, psychological, social and legal assistance through governmental agencies and/or non-governmental agencies providing such assistance” While Section 38 (c) empowers the court to award appropriate compensation, to victims of rape.
I strongly believe that, the focus should shift now to implementation, otherwise, it will become ineffective. Since the law is also limited in application because of the federal system in place, I will suggest that efforts should be scaled up, to ensure that every State of the Federation has a similar law. I am aware that, Ogun State has recently passed it into law. In Enugu, Adamawa, Kaduna I know that the Bill is before their various State Houses of Assembly. In Enugu, WACOL is championing with stakeholders, the legislative and social advocacy for its enactment into law. As far as I am concerned, it should be a forward ever, backward never march, to have in place, laws that prohibit and punish all forms of gender based violence, while protecting and providing comprehensive services to victims and survivors.
Sexual Harassment in the nation’s tertiary institutions, is rife. Having been in the University system for over two decades, what suggestions do you have to stop it? Has the law criminalising sexual harassment in tertiary institutions, proved to be an effective deterrent?
There is no national law, criminalising sexual harassment generally in Nigeria, beyond the National Industrial Court being given constitutional jurisdiction to deal with such cases, especially within the context of employment and enforcement of relevant workplace policy. Notwithstanding, sexual harassment can constitute an offence of assault, and as such, liable for prosecution under various States’ criminal justice system, However, unethical conduct goes beyond the law or what is necessarily sanctioned by the law, to include acts that are immoral, corrupt and offensive to the societal mores, or undermine discipline and cause disrepute or public opprobrium to the University, if it gets exposed. Such unethical conducts affecting some educational institutions, especially the tertiary sector, are mainly around sex for marks, rape of students, sexual harassment, ‘sorting’-sale of grades, admission racket, and other corrupt practices.
Sexual harassment, is becoming very rampant and blatantly perpetrated. It is indeed, worrisome, the spate of unwanted/ unwarranted sexual advances against female students, by those in positions of authority, who exploit students’ vulnerability. In particular, we have had a case of a Dean raping a student. We have had a case of a professor on tape demanding sex for marks, including the most recent one that happened in April 2018, that sparked public outcry and national debate about the decadence in Nigeria’s citadel of learning. Sexual harassment is not merely about sex, but about power; power exercised in a nefarious and abusive sense. Again, harassment is a form of discrimination, disproportionately affecting women.
Sexual Harassment is defined as: Sexual advances, requests for sexual favours, and any verbal or physical conduct of a sexual nature constitute harassment.
Relationships of a sexual or romantic nature between a student and student; student and lecturer; student and other non-academic staff; between lecturer and student; lecturer and lecturer, can be forms of sexual harassment, irrespective of its consensual or reciprocal nature. When the lecturer, staff or administrator, has the power to affect the terms, conditions and evaluation of the subordinate’s employment and/ or participation in an academic or sponsored program. This is also because such liaisons represent a conflict of interest, and compromise the objectivity/neutrality of the person in authority, which is contrary to the commitment of the educational institution to the fair, impartial and equitable treatment of all its members.
Another challenge with regard to fighting the scourge of sexual harassment, is that our institutions of learning have not adopted relevant policies against it, and confidential procedures for obtaining redress. Again, there are fewer females in positions of leadership in the University, for example and female students may not feel comfortable reporting to males in authority, who in most cases, trivialise and bury allegations of such nature. Being a woman and Dean of a Faculty, I know that students have greater impetus to report such unethical conduct,
“YES, FEMALE CIRCUMCISION OR FEMALE GENITAL CUTTINGS IS STILL BEING PRACTICED IN SOME COMMUNITIES IN NIGERIA”
and given my trajectory, they surely know they will get justice. However, the appropriate thing is to make sure it is beyond personalities, and build institutions that will deal effectively with any individual violating such ethical code of conduct.
There is an urgent need to break the silence, and address the problem of sexual harassment in Nigerian tertiary institutions, through policy intervention; to bring relief and justice to numerous girls subjected to unwelcome and unwanted sexual abuse and harassment, particularly in educational institutions.
I want to reiterate the suggestions I made, during a high level retreat organised by NUC that was held in May 2018 for the Governing Council members. I advised that NUC and similar bodies in overseeing tertiary education should develop institutional mechanisms for whistle blowing, create awareness around that and encourage every University/ institution, public or private, to have one independently run, to ensure that there is zero tolerance for unethical practices in our educational system that would compromise academic freedom, scholarship and educational standards in Nigeria. What are your views on Restructuring Nigeria? I think Nigeria should be restructured, even if as a response to yearnings across the land to ensure effective governance, equity and fairness needed to galvanise Nigeria and its citizenry as a nation, towards sustainable democracy and development. However, as a woman, I am concerned that, whichever way it is restructured, the interest of my gender may never be taken on board. That is why you do not see women activist or feminist, carry restructuring on their heads the way men do, and use also as an instrument for political negotiation and even war. I want to see decentralisation or devolution of power from Federal to States, and from States to Local Government Councils, not just to the regions, but also to get into the hands of the female folk, as part of redressing historical and systemic injustices against women.
I want to urgently see a restructured Police, because I solidly believe that policing is local, and without community policing, security of lives and property will continue to elude Nigeria. What I regard as community policing, is different from the way it is sometimes or most times, used in Nigerian parlance to mean the working together of communities or selected vigilantes with the police. Of course, that is important, but beyond that, a durable solution to our security challenges lie in engaging and recruiting of indigenes and residence of a particular locality into the police based on their knowledge of that particular environment -being born and raised - for example in the same environment. A situation where you take someone born and bred in Kebbi for instance, and post them to Enugu State as a police officer, I doubt if s/he can effectively deliver, especially on crime prevention beyond perfunctory duties. Such out of State police officer, would first grapple with the appreciation of culture, sociology of crimes and the local language, in order to be on top of the job of maintenance of law and order.
On the other hand, if we begin as a nation and a people, to pay serious attention to observance to the tenets of the rule of law, especially the entrenched principles in the Constitution, there will be less agitations for restructuring. The agitations are fuelled by the fact that, people feel less part of the government, and believe rightly or wrongly that, their lives would be touched for better by the government closest to them, which they can also own. Obviously, lack of patriotism and allegations of marginalisation, whether real or imaginary, is exacerbating the quest for a new superstructure for Nigeria. I think that the farther the Federal Government is from the people, the more disenchanted they become in the federal structure.
How do we bring government to the people? How do we ensure inclusive governance? How do we advance fiscal federalism? How do we promote greater respect for human rights and rule of law? How do we ensure accountable, efficient and transparent government? How do we ensure equal opportunities to all Nigerians, irrespective of State of origin, sex, religion, circumstance of birth and political opinion? These are perennial questions that should preoccupy leadership and informed followership, in Nigeria.
In the final analysis, the implementers are more at fault, than the existing legal and political structures. My take is that, if we do not reduce to the barest minimum, corruption in the system, whatever structure we adopt will more or less produce the same result. The fact that one desires another State, may be a just demand, but that does not mean that the addition of that State will bring happiness. In other words, we should also be aware of the fundamental problem of bad governance at all levels, which if not solved, will always undermine any structure.