Yinka Olatunbosun
In an open letter directed to Senator Jibrin Isah, a coalition of 16 civil society organizations, spearheaded by Nguvu Collective, is urging for transparency and public engagement regarding the proposed VAPP Repeal Bill.
The ongoing conversation about the alarming rates of sexual and gender-based violence (SGBV) in Nigeria highlights the urgent need for stricter laws and improved support systems for survivors. In 2015, the Violence Against Persons (Prohibition) Act (VAPP) was recognized as a vital measure in the pursuit of gender justice. Following a decade of advocacy, the VAPP Act became a crucial turning point, criminalizing practices like Female Genital Mutilation (FGM), broadening the definition of rape, and providing for victim compensation. Despite facing numerous challenges, this landmark legislation was adopted in over 34 states.
However, a new bill introduced by Senator Isah, which passed its second reading in the Senate in September 2024, proposes to repeal the VAPP Act and replace it with what is described as “more robust” legislation. Activists are expressing concern that this move could undermine the progress made through grassroots efforts to tackle gender-based violence, particularly citing the absence of transparency and consultation in the drafting of this new bill.
Nguvu Collective, an organization focused on women’s leadership, has collaborated with 15 civil society groups across Nigeria to articulate the concerns of gender rights advocates in their letter to Senator Isah, the architect of the VAPP Repeal and Enactment Bill, 2024. Among the collaborating organizations are YIAGA Africa, Dorothy Njemanze Foundation, WILAN, Connected Development (CODE), Gender Mobile, TechHerNG, 16 Stories, ASVIOL Support Initiative, Fembud NG, Devatop Centre for Africa Development, Chafhein, The Public Policy Shapers, Help The Woman Campaign, AdvoKC, and Youth Be Involved (YBI).
The letter emphasizes the necessity of holding an inclusive and well-publicized public hearing to ensure meaningful participation from key stakeholders and the general public in the review process. It raises serious concerns about the delays in organizing consultations for a bill that significantly impacts violence prevention, noting that the current VAPP Act serves as a crucial legal protection for women, children, and marginalized groups.
“Any modifications to the VAPP Act should be crafted with input from civil society, human rights advocates, experts on gender-based violence, and survivors leading the charge. Transparent and inclusive consultations are essential to create amendments that genuinely reflect the needs of those the Act aims to protect,” the Civil Society Consortium led by Nguvu Collective stated.
Priye Diri, a leader from Nguvu, has taken to social media to campaign against the repeal of the VAPP Act. She commented, “It is vital to engage all stakeholders in a thorough consultation process to ensure robust input on the bill. Our coalition of 16 civil society organizations is coming together to push for public consultation because working in isolation isn’t an option; only through collective effort can we achieve meaningful and inclusive outcomes.”
The open letter serves as a reminder that the VAPP Act remains the only legislation in Nigeria that addresses the needs of countless individuals facing SGBV across various socio-economic, religious, and ethnic backgrounds. “Cultural norms, gender inequality, poverty, and weak legal enforcement contribute to the prevalence of SGBV in Nigeria. In states where the Act has been enacted, the culture of silence surrounding these issues has begun to change,” the letter asserts.
The signatories have proposed several recommendations to enhance the forthcoming re-enactment bill, including changing the term “victim” to “survivor” within the legislation, and expanding the definitions of online gender-based violence beyond just cyber-stalking.
Additionally, they advocate for the alignment of age distinctions related to child defilement offenses in Clause 2 of the bill, suggesting that any sexual act against a girl under 18 should be treated uniformly as an offense. They also call for the replacement of the derogatory term “mentally retarded” with “mental disabilities” in Clause 29 (4) (b) of the proposed legislation and recommend that penalties specified in the bill be stated as minimums, allowing judges discretion only for maximum penalties upon conviction.
“Nigeria has committed to safeguarding women’s rights; thus, a comprehensive reform of this legislation would strengthen these commitments and reaffirm our leadership in the realm of human rights,” the signatories concluded.
